CLASS ACTION LAWSUIT FOR AQUACON!!!!!!!!JOIN IN?

[oddsbotkins]

Hello everyone, I am very new to this site, actually just joined to get this post out. I read many complaints about aquacon, from many sources here. Some even mentioned a class action lawsuit.
I have had the same problems with aquacon, as most of you have had.
I placed a very large order with them (my very first order) it came very well packed, and oh my god the stuff was beautiful. I only received 1/4 of my order. two fish were dead within 24 hours. A seahorse died within a few days, same with some inverts. I called and complained, and was told that they would be replaced. Another box of stuff came. They sent sizes larger than I asked for, also charged my credit card for the larger sizes. When I called about this, was told this is a common practice in this trade. Never had this happen to me before in 23 years.
Still waiting for stuff 2 months later. Call and they say they are waiting for that special healthy piece... given a specific ship date, and stuff never comes, no call no e-mail nothing.
Today I got mad, did some research. the phone number they give... do a reverse number search on it. It comes back to another business name, same with the address. Company is doing the old shell game. Changing locations 3-4 that I have found, a couple different names, different presidents each time.... the better business bureau rates this company an "F" thats the worse rating any business can get. I own my own business, listed with the bbb so I know how the system works, it's not that easy to get a "F". You really gotta suck.
called them tonight to compain, no answer, got an e-mail tonight saying that maybe they should just refund my money cause I dont want to wait anymore. How long does it take to get 12 coral frags, 12 marine plants, 2 gorgonians, a poyyp rock, a couple of coral banded shrimp, and some manderians? Would YOU wait for more than two months?
This company has overcharged me everytime, switched items without asking me, sent me things I never wanted, or asked for, and still charged me for them. When I complain, I get the run around. I finally told them tonight either send my order now, or Ill sue. Told them I'll give them a few days to get my order together or I'll call the attorney general, both in Florida and in my state, my attorney, and a private investigator I use, plus the IRS. When aquacon heard this, they said maybe it would be best to just send me my money back. I have waited 2 months, you think I want my money back...NO I WANT MY ORDER!!!!
ANYBODY with a bad taste from this company....please e-mail me with your complaint so I can compile them for my attorney. Someone asked about a class action lawsuit....well here it is. Thank-you.
Tom [email protected]

 

[pcardone]

i say get your money back and move on.

 

[Anonymous]

+1

 

[Anonymous]

Not me. This is truly shoddy business practice, and if it's repeated.. repeatedly, they should be spanked. Just getting your money back (good luck after going beyond 60 days with some cc companies) the law allows for action in the form of a lawsuit. If it's found frivolous the judge will throw it out.

 

[oddsbotkins]

Get my money back and move on? are you crazy? I've been in business for a long time. You don't treat customers this way. So, you think I should just take the money and do nothing? What about the next person that gets scamed? Screw them? Everyone fend for themselves?
What the hell is that? Someone has to say enough, this hobby is hard enough, try to find good dealers of beautiful specimens. Every crook or con man out there scamming people only makes it more difficult for the honest business to prosper. To many hobbiest give up because of crooks selling them crappy specimens. We need to stand up for ourselves and demand honest business practices. If we dont, we just lie down; and take it like sheep. Are you a sheep? BAHHH

 

[Len]

I'd like to ask we refrain from emotional responses and name-calling.

A lawsuit (class action or otherwise) is not pragmatic in this situation IMO. If the goal is to help prevent others from being victims and punish the offending business, then the best approach (again IMO) is to simply not do business with this company (i.e. vote with your wallet) AND post about your experience so that others can learn from it. Of course, keep your posts mature, rational, and above all, accurate.

 

[Anonymous]

At the same time, not buying from them and spreading the word about them hasn't seemed to stop them from doing business.

 

[Len]

Good point. I suppose if the goal is to shut them down permanently (ie hurt their finances so badly as to force closing operations), a lawsuit might be the only recourse. It may be worth the effort, but I still contend it's very hard to do and impractical.

 

[Anonymous]

I agree Len. I do understand the frustration.

 

[oddsbotkins]

I appologize If any one took it that I was calling anyone in particular a "name" I in no way wish to offend anyone, and in no way would ever stoop to "name-calling". I call us all sheep, if we choose to lie down and let someone take advantage of us? What would you call it?
Just posting your complaints has done nothing, but allowed this company to move it's location 4 times, change the president twice, changed the phone number three times.
I have contacted the bbb, and they also are looking for this company. The local sherriff dept. as well. I have been faxed multi reports from The Broward county consumer affairs division, they have been unable to find them as well. They have closed two cases due to being unreachable. Meaning they have moved locations and changed their phone numbers, and name of business.
They are doing business or have done business under the following names
Aquacon
Aquacon.com
Aquatic connection
Marine life usa
saltwater fish usa
quality marine.
I have found out this information by making phone calls. Doing a little research.
A class action lawsuit is just a lawsuit with multiple plantiffs, that's it.
If no one want s to join, so be it. I am paying for this out of MY pocket, I just wanted to know if anyone else has a complaint, or feels they were cheated, or still owed either money, or specimens.
Just got off the phone with the local police, this company has done this to many many people. So all I'm saying is that it's time to put a stop to it. Once again, if I offended anyone, I am very sorry, it was never my intent.

 

[Len]

I've got nothing against litigation for this purpose. I just recognize how hard it is to get what you are trying to achieve. I do wish you the best in your attempt.

My beef with Aquacon is they have and apparently continue to use copyrighted material without permission.

Very odd; Some of the DBA you listed are legitimate business operations (e.g. Quality Marine). Either AquaCon is defrauding people operating with some of these names, or the information you have gathered is inaccurate or misinterpreted. I recommend prudence (double check any info) when citing specifics.

Also odd is that different bureaus can't reach Aquacon. Their contact information is clearly listed on their website, and the phone number seems unchanged for quite some time. I suspect these departments simply don't care to pursue these cases

 

[oddsbotkins]

I appreciate your cander, in telling me to double check my facts. I have. I would never state such a thing without tripe checking. A slander suit, is not what I want against me or my company.
The facts I have stated should be scrutinized.
Please check for yourselves.
If you do a simple revese phone number look-up for the phone number listed on the website, it does not come back to aquacon. It comes back to quality marine.
All the dba's (doing business as) were found by doing a quick check of "aquacon" on the florida southeast better business bureau.
The Broward county board of county commissioners and consumer affairs divisions faxed me case numbers (available to you upon request) of people who have filed reports on the various companies.
The man who wrote a note claiming to be the president of aquacon, (I will not give his name here) telling you to beware... he knows who you are... well he is not the president of the company, listed with the better business bureau. If you do a search for the man the bbb states as the president on a simple white pages search, gives his phone number and address, it also states or claims that his occupation is president of aquacon.
all the complaints that I have been faxed, are not of the new business aquacon, but of aquatic connection, out of plantation florida, and one out of lauderhill florida(but that one calls itself aquacon).
I was told the difficultity in finding them is this. Each town or county has it's own police dept. Each complaint goes to the appropiate division. So there are more than one police dept involved, only complicating the situation. I was told today (by officer C. Martin of the sunrise police dept) that I purcheased my product from aquacon, supposedly of sunrise fla. But my credit card was billed by Marine life usa from lauderhill florida... two different companies, two different towns, owned by the same person/people. The better business bureau has all of the companies names listed on it's site. Becauce I did not purchase at a point of sale, but rather over the phone, or via website... the laws are very different. Internet scams are not as easily traced, and not totally covered under the laws of many states. Laws cannot be made or updated fast enough to keep up with the modern con man.
I have done my research, I am not a kid, mad cause my toys were stolen. I am a middle aged (well almost) business man, I own and operate my own busniess of a completely different nature. I purchased this stuff for my own home, but through my business (completely legal) seeing how I am sole owner. To rant about another business without checking my facts, would not only put me personally on the hook, but also my business.
I ask you NOT TO TAKE MY WORD ALONE. just type in florida bbb, and look for yourself. Check the phone numbers yourself. It is more shocking to see it with your own eyes. All the info I have stated here can be checked easily, and free of charge. It is ALL public information.
The only thing more dangerous than a crook, is an honest person who knows the law. I know the law!!!!!

 

[Len]

I'm not questioning you or your stated information, but just asking you (and everyone) to be very careful about posting information without verification. It's simply dangerous, as you yourself noted.

I did a reverse number look-up for (954) 747-8511 and it did not trace to Quality Marine, but to an individual gentleman. I don't know the accuracies of reverse number look-up services and would not use this as evidence one way or another. Aquacon could operate as Quality Marine, but there is also a wholesaler (a rather big wholesaler) by that name that runs a reputable operation from Los Angeles. At least we need to make clear we are referring about different businesses.

 

[tike]

I just dialed the number listed on the website and i reached an answer machine for Mary??

Seems to be some validatity to the claim. I have heard of the problems before . I have even recieved e mail from them trying to get me to buy their sale items. I just never used them for a simple reason..... their website sucks! Too much scrolling to find what you're looking for. I guess I lucked out because i am a neat freak!

I do wish you the best in trying to stop them from rippin people. :evil:

 

[Entacmaea]

Hey odds- I feel your pain, really. Sounds like Aquacon is really not doing right by you. But I would have to agree with Len in terms of the complication of a class action lawsuit- just trying to save you further frustration. You would have to find people that are currently (still) "damaged" by them, and haven't been made whole by product or compensation. And for the amount of damages, a couple hundred dollars per plaintiff, a judge will have a hard time entertaining that.

Go after them to get satisfaction- I'm all for justice- but once you enter the legal realm, caution is warranted, especially when you are writing something down, like in this forum, that can be submitted during discovery. (Slander is oral misrepresentation, libel is the written form, and generally easier to prove.) Log everything- all communications and requests, and take pictures.

Good luck. Let us know how it goes.

Best, Peter

 

[trwells]

I always thought that the ultimate question you have to ask yourself when bringing a lawsuit is "what do I have to gain?" In this case the answer is most likely nothing. Even if you can win this suit - it is a very expensive one.

Good luck.

-Travis

 

[Entacmaea]

Well, there is the money issue for him, which is one thing to gain. But I also feel that the principle of the matter is often worth pursuing regardless. No one likes getting screwed. If odds is wired anything like me, I would make it my mission in life to get justice out of Aquacon- and that has nothing to do with the money or coral order! :lol:

 

[trwells]

The amount of money he stands to gain is not worth cost of lawyer fees and the cost of discovery - which is unbelievably expensive in a case that is primarily internet contract based - and with a fraudulent company that most likely destroys as much as possible. I realize the defense usually bears the cost of discovery but this is not always the case.

Sometimes justice is not cost effective.

If your principles are worth $150-$500 dollars and hour then I agree.

Or on the other had if you can gain the support of a large number of people who have legitimate claims (have not been reimbursed) then perhaps there is a a reason to pursue.

It is an expensive mission... that's my only point.
Along with this if you do win, you do not receive the benfit - the company is out of business but they will not reimburse you beyond the position you were in prior to the breach. It seems you can acomplish this position by dealing directly with the company.

 

[Entacmaea]

You are right trwells, that justice is not always cost effective. But it can be really sweet, and worth a lot more than money! While lawyers fees are often included in the settlement, in this case, a nice pro-bono attorney friend would be ideal

 

[trwells]

Yeah lawyers fees are often included, but this is only in a situation in which you 1) Win and 2) the court/jury decides to award them. It is always a gamble. Pro-bono is always ideal (maybe not for me...).

I am certainly interested in this. I just met a guy this morning at the LFS who ordered $900 worth of live rock and live sand from a company in FLA I didn't recognize. I am pretty sure that he said Aquatic Connections though... Oops. :?

Good luck!