Premier Cru Master Complaint Thread (MERGED)

WINE TALK
5901

He keeps PMing me, too. I just deleted it. What’s the point? He’s just not able to wrap his head around it. Just block and move on

5902

5903

How do you let them know you believe you own one pf those physically segregated boxes. I was supposed to have 17 bottles shipped 1/11/16 and this sounds like I might be 1 of the 120. How do I get trustee’s attention on this?

5904

Sounds as if his spamming skills know few bounds.

5905

Write a letter to each trustee and the court, US mail return receipt requested, verified, etc. use US Mail not fedex. Consider using this form: Schedule D: Creditors Who Hold Claims Secured By Property (individuals) | United States Courts

Or look for a better form here: Bankruptcy Forms | United States Courts
Google the trustee and call his or hers office and assert your claim.
If it’s a lot of money consider hiring an attorney to help with filing.

5906

The article indicated the 120 would be contacted in some manner. Here’s one of my other favorite quotes from the article:

(Premier Cru) maintained a sophisticated computerized inventory system and means of communicating with buyers by email. Many buyers received emails providing information as to the status of their wine, and such emails may or may not reflect the same information as is in (Premier Cru’s) inventory," Bostick wrote.

I’m not sure that “sophisticated” is the adjective that comes to mind.

-Al

5907

Excellent post Ryan. Even though you aren’t an attorney, to the extent that Roger and/or Alex have admitted mining the internet to find the email addresses of the PC creditors in order to create an email list for No Limit Wines which was used to send out unsolicited emails, yes this would be a clear (and admitted) violation of both Sections 17529.2 and 17529.4 of the California Business & Professions Code.

Using the the email addresses gathered via this method to send out unsolicited emails (which many people on the PC creditors list admit they received) also violates Section 17529.2 of the statute. That section provides:

  • 17529.2. Notwithstanding any other provision of law, a person or entity may not do any of the following:
    (a) Initiate or advertise in an unsolicited commercial e-mail advertisement from California or advertise in an unsolicited commercial e-mail advertisement sent from California.
    (b) Initiate or advertise in an unsolicited commercial e-mail advertisement to a California electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to a California electronic mail address.
    (c) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application.

Complaining to the Attorney General’s office isn’t the only option here. (One can also speculate that the AG’s office would think it is too busy to deal with such claims.) Each person who received such an email has their own potential remedy which is spelled out in Section 17529.8, which provides as follows:

  • 17529.8. (a) (1) In addition to any other remedies provided by this article or by any other provisions of law, a recipient of an unsolicited commercial e-mail advertisement transmitted in violation of this article, an electronic mail service provider, or the Attorney General may bring an action against an entity that violates any
    provision of this article to recover either or both of the following:
    (A) Actual damages.
    (B) Liquidated damages of one thousand dollars ($1,000) for each unsolicited commercial e-mail advertisement transmitted in violation of Section 17529.2, up to one million dollars ($1,000,000) per incident.
    (2) The recipient, an electronic mail service provider, or the Attorney General, if the prevailing plaintiff, may also recover reasonable attorney’s fees and costs.

[oops.gif] I suspect that Roger may be receiving some unwanted mail of his own over this incident.

5908

You’re quite welcome! [cheers.gif]

5909

Thanks Don! [cheers.gif]

5910

Thanks. It is not a lot of money in those 17 bottles (maybe $2000 of replacement cost) - most of my loss is in wines not yet in stock (puffery). I was filling out the forms as an unsecured creditor for all of my wine and just noting that some the wine was in stock. Perhaps it makes more sense to claim to be a secured creditor for those 17 bottles, as they are reportedly in stock and my property (at least that is my assertion) since I paid for them over 12 month ago (the issue is when does title pass).

5911

2/6 PC BANKRUPTCY UPDATE - COURT APPROVES ACCOUNTING FIRM

The Court has approved the Trustee’s request to hire Kokjer, Pierotti, Maiocco & Duck for the purpose of providing accounting services for the PC estate. Part of the order is below:

ORDERED that the Trustee be, and hereby is, authorized to employ Kokjer, Pierotti,Maiocco & Duck LLP, Certified Public Accountants, as his accountant herein to prepare and file taxreturns; to prepare tax projections and tax analysis, if necessary; to analyze tax claims filed in the case; to analyze the tax impact of potential transactions; > to review financial records and prepare forensic accountings> , if necessary; to analyze as to avoidance issues, if necessary; to testify as to avoidance issues, > if necessary; to prepare a solvency analysis, if necessary; to prepare wage claim withholding computations and payroll tax returns, if necessary; to serve as Trustee’s general accountant and to consult with the Trustee and the Trustee’s counsel as to those matters for this estate at a fee subject to court approval.

IT IS FURTHER ORDERED that Kokjer, Pierotti, Maiocco & Duck LLP, Certified Public Accountants and professionally licensed principals and employees ofthe firm be empowered to act, for and on behalfofthe trustee and/or the estate, to represent them before any taxing authority including the
Internal Revenue Service and the California Franchise Tax Board, to receive confidential information, to make written or oral presentations offact or argument, and to perform any and all acts on behalf of the trustee and the estate which the trustee is by law permitted, regarding any tax matter which may arise during the administration of the estate.

5912

Maybe it’s time to “mine” the thread for comments/complaints about No Limit Fine Wine and place them in a thread of its own. There’s plenty to deal with and share about PC at this time. Deal with No Limit Fine Wine separately.

5913

Another thought: did the wines ever show up as in stock and ready to ship in your online account with PC? If so, and if you have a screen shot or can use some internet WayBack magic to get one, that might bolster your claim.

5914

The Bilan story has been debunked by just about every other Swiss source, including a member of the Hôtel de Crissier’s board.

5915





Wow, I am completely disgusted by Alex’s posts and the admission by Roger. Yes, Alex, I would say that to your face. I do hope this gets its own thread for increased attention, especially since we now know Roger’s actions, as stated by Trent, to be illegal.

I will never buy anything from No Limit Fine Wines or Alex Lallos or Roger Shideler, and I will certainly tell other people why.

Don, thanks for your post related to this matter.

5916

The California law is pre-empted by Federal law whose primary stipulations are as follows:

Unsubscribe compliance

A visible and operable unsubscribe mechanism is present in all emails.
Consumer opt-out requests are honored within 10 business days.
Opt-out lists also known as Suppression lists are only used for compliance purposes.

Content compliance

Accurate “From” lines (including “friendly froms”)
Relevant subject lines (relative to offer in body content and not deceptive)
A legitimate physical address of the publisher and/or advertiser is present. PO Box addresses are acceptable in compliance with 16 C.F.R. 316.2(p) and if the email is sent by a third party, the legitimate physical address of the entity, whose products or services are promoted through the email should be visible.
A label is present if the content is adult.

In short sending email isn’t a crime… not complying with the details of the statute is. But you can expect the FTC is highly unlikely to chase small businesses for one-time emails, when there are many huge targets to go after who are repeatedly clogging your inbox or spam folder.

5917

I’m a little surprised at the reaction to Alex’s posts. He didn’t write that he mined the internet for email addresses of PC creditors, or took addresses from other sources. He stated that he mined “our database” for offers. In the context of the rest of his post, that sounds like “our” refers either to “No Limit Fine Wines” or to his own (if he’s using the royal plural) database of people who have bought from him (it sounds like he’s currently a freelancer). FWIW, I used to receive email from Alex when he had a different job, and I have not received any of the No Limits Fine Wine email.

-Al

5918

But he has been trying to promote the business in a thread about massive fraud involving many millions of dollars in losses. Then there’s the bit about Roger paying someone to mine the internet for email addresses of PC creditors, which were apparently then used by No Limit Fine Wines (and possibly Alex himself working for them?), which Alex wasn’t at all surprised or put off by. You don’t understand why people would have a problem with that?

5919

Wrong Doug- Quit make conjectures about me. You don’t know me and you’re trying to ruin my reputation for no reason. I’ve done nothing of the sort with regards to spamming or anything else. I had no idea this was a bereavement thread. Are folks going to stop buying and drinking wine because of PC? I think not. I simply offered my services by mentioning I sell wine. I wasn’t using this thread as a marketing mechanism, but just figured it would be a a nice way to introduce myself. So sorry! I had no idea it would come across the way it has.

5920

Thank you Al. I am freelance and I’m not sure how I became the villain here… Sorry to anyone who took any offense. Truly