Quixtar class action settlement – a brief analysis

Regular follows of this blog will be aware of the settlement in a class action case against Quixtar by Pokorny, Blenn, and Busiere. Today most IBOs and former IBOs covered by the class action have received their second notice about the settlement, so I’ve been receiving a few inquiries about it.

The case was originally against Quixtar, the Puryears and World Wide Group and the Britts and BWW, Amway (formally Quixtar) . Through the process of negotiating the settlement, Amway extended it to include a whole range of BSM (business support material) companies. The second amended complaint lists the following as defendants -

This was a smart move by Amway, as the settlement essentially immunizes both Amway and all the BSM companies against any lawsuits by anyone who was an IBO in the past decade. Amway has made a lot of significant changes in the last few years to better control the activities of the field and BSM companies, as well as make for a better, potentially more profitable business for all. An ongoing lawsuit of this nature, no matter it’s lack of merit, is a costly distraction. Following on from Woodward and TEAM settling their case, the settlement of the Morrison case, the Ribbon gift card settlement, and the Canadian class action being thrown out, Amway has pretty much cleared the deck and can move forward with a clean slate. Continue reading

Who is Amway critic Joecool? And does he owe me $50000?

I’ve occasionally participated on a website called scam.com. There’s regular duels there between MLM supporters and anti-MLM zealots with their usual falsehoods and misconceptions. Back in August 2011 a poster joined using the nickname Joecool44. As of writing this post, he has, since joining scam.com contributed 3,473 posts, at an average of nearly 10 posts a day. The majority are posts attacking Amway.

If this all sounds familiar, it’s not surprising. Back in March of 2011 I highlighted the obsessive and fraudulent behaviour of an anti-amway blogger and internet commentator who goes by the name of Joecool. In that post I pointed out his obsessive behaviour, averaging more than one fully fledged blog post a day, and literally thousands of comments on blogs around the ‘net. I also showed how he was setting up multiple blogs and pretending to be different people. All in an effort to disparage Amway and Amway IBOs.

Joecool has continued his obsessive blogging, with nearly 400 blogposts across the 3 blogs he admits to since I wrote that post a 15 months ago, as well as continuing with his anti-amway commenting around the internet.

But here’s where things begin to get interesting. Over on the scam.com site, several of the other members have been challenging Joecool44 about his identity. As regular follows of Amway critics know, it was revealed some years back (not, initially, by me) that Joecool, the anti-amway blogger, was a former IBO in Hawaii by the name of Steve Nakamura, downline of Diamonds Scott and Cris Harimoto. He had been an IBO in the mid 1990′s, for less than a year. Internet sleuths, and some people who apparently knew him offline, had revealed that Joecool aka Steve Nakamura, a married man, had been a regular contributor to a sex and prostitution focused website, World Sex Guide, describing his exploits with illegal prostitutes in Honolulu. (as Joecool18, Steve411, and Steve Nakamura). While initially defensive, joecool/Steve eventually owned up to all of this, said he was working for forgiveness with his pastor, and he deleted his blog, where he had been accusing someone of threatening his family and blaming me for it.

Fast forward to 2011/2012 and joecool the blogger, as well as joecool44 the scam.com poster, have been denying they are Steve Nakamura or even knowing who he is. Whenever commentators have addressed him by the name Steve, he’s responded with comments like “Who’s Steve”? What’s even more bizarre is that obsessive anti-amway scam.com poster Joecool44 refuses to even acknowledge he is obsessive anti-amway joecool the blogger. It’s gone so far that over the past year he has challenged two other posters there “every cent they’re worth” to prove he is Steve Nakamura, and last week he bet me $50000 his name isn’t Steve Nakamura. Not surprisingly, he refuses to put any funds in to an escrow account to back this “bet” unless any of the people he has challenged does so first, and he has also refused to agree to any conditions which might prevent him getting out of things on a technicality (eg getting someone else to write the actual text whenever he says “I am not Steve Nakamura”.)

It’s all a bit silly and childish, but I’ve had a little fun baiting him over the whole thing. Frankly who he is doesn’t really matter that much, unless Amway or IBOs need his real identity in order to sue him for tort defamation, which – after this post – they very well might consider.

So, despite knowing the chance of him ever paying out on his bet is below zero, I figured I may as well dig up and post the evidence, just to show him for the fraud he is. Little was I to know that I’d make further discoveries that offer even more proof of this man’s utter lack of integrity and illegal behaviour.

Now,  please forgive me, this is a very long post. But bear with it, it’s worth it! And let me know in the comments if you think Joecool owes me $50,000.

Who is Joecool?

Continue reading

Nothing much to say except ….

….. I WANT IT!!!!!!!!!!!!!!

Though I suppose I should probably mention the reason for it. Amway is now a major triathlon sponsor, starting with the following four events -

  • Lake Placid, New York (Full): July 19–22
  • New York City, New York (U.S. Championships): August 8–11
  • Las Vegas, Nevada (World Championships – 70.3): September 6–9
  • Panama City Beach, Florida (Full): October 31–November 3

I used to compete in triathlons when I was younger. I’d love to get back in to them again, alas I left my bike behind when I moved countries. So Amway … if you ever … you know … wanted to thank me for helping win the internet war against Amway …. (and yes, I think we’ve won) …. just send me one of these! :)

More pics on the Amway US Facebook page

Class action against Amway Canada thrown out

Well, “thrown out” is probably not a technically correct legal term, but the result is the same. Back in 2009 a pair of disgruntled IBOs, husband and wife Kerry Murphy and Cheryl Rhodes, of Cloverdale, British Columbia, filed a class action lawsuit against Amway Canada. This  of course made news with the anti-Amway brigade, but funnily enough some other news didn’t – way back in November of last year, the Court sided with Amway and said their complaint should go through Amway’s arbitration system.

I should clarify – not their complaint. In what has to be one of the least successful attempts at a class action ever, Murphy and Rhodes launched this lawsuit and promoted their class action through press releases and websites. The result? Well, in a class action, one of the tasks of the Judge is to determine if there is a sufficiently large group of people with the same grievance. In May 2011, his wife Cheryl Rhodes curiously withdrew from the class action. So we’re down to one, and in the judgement, the Judge had this to say -

the plaintiff has only provided evidence of one claim – his own for the amount of $15,000. …. Absent any convincing evidence of multiple claims or multiple defendants, the issue of the reasonableness of a partial stay is simply not triggered.

So it became his complaint. Just Kerry Murphy. No Cheryl Rhodes, and nobody else stood up to offer further claims. It gets even worse for Mr Murphy-

THIS COURT ORDERS that the defendant’s Motion to Stay and to Compel Arbitration is allowed. Costs shall be awarded to the defendant.

It seems to me highly likely that the defendants (Amway) costs for a case like this are going to far, far exceed the $15000 Murphy claimed he lost doing Amway during his four times as an IBO. I notice looking through the court records that Robert FitzPatrick provided an affidavit in support of Murphy and Rhodes. I have little doubt that anti-MLM zealots like FitzPatrick encouraged this action.

FitzPatrick and his ilk are causing real financial damage to people by leading them astray with their falsehoods and anti-mlm zealotry.

Murphy has appealed the case. I feel sorry for him.

Amway and Euromonitor

Most IBOs would be aware of various “claims” about Amway’s products and sales that are backed up by research done by Euromonitor International. I’ve just discovered Euromonitor actually has a page on their website describing some of the claims and their methodology. Worth a look! The claims listed are -

  • Since 1959, Amway has paid out more bonuses and cash incentives to its distributors worldwide than any other direct sales company in history.
  • In 2010, Amway paid out more bonuses and cash incentives to its distributors worldwide than any other direct sales company.
  • In 2011, Amway paid out more bonuses and cash incentives to its distributors worldwide than any other direct sales company.
  • In 2011, more people renewed their Amway business than any other direct selling company in the world.
  • Amway is the first leading direct selling company in Brazil to empower its distributors with exclusive Facebook tools to manage their business.
  • Nutrilite is the only global vitamin and mineral brand to grow, harvest, and process plants on their own certified organic farms.
  • Artistry is among the world’s top five, largest selling, premium skincare brands.
  • Artistry is among the world’s top ten, largest selling, premium cosmetics brands.