The Queen of Dating

Review: On 11/18/14, I met Ms. [redacted] to discuss her dating services and what she could provide to me. She met me at a local restaurant and when I came in, she was sitting at the bar. She started talking about her services, while doing so, she was also talking to a gentleman on the other side of her about helping him plan an event. I felt rushed and she wanted payment on the spot. I could not even ask her any questions because the gentleman on the other side of her was standing next to us and she told him to "give her 10 min." I hesitantly gave her a check, intending on reviewing the contract and what the details were. She told me she was busy with appointments that day and would send me a copy the next morning. I waited until Day 2 and still hadn't received anything. It wasn't until Day 3 that she finally sent me a copy of the contract (the terms and conditions and refund policy was not accepted not acknowledged by me, when I gave her payment, the spot for my initial is blank). According to the Attorney General's office, all dating services in CA have a 3 day rescission period. Ms. [redacted] told me when we met that she would send me a copy of the contract the next day and that didn't happen. I was not given a copy of the contract until 3 days after we met, thus preventing me from having the opportunity to review anything before the rescission period was up. 2) As you can clearly see, page 1 of the contract, which has the terms and conditions (including the cancellation policy) of the contract, is not acknowledged or agreed to by me- the spot for an initial is blank. The only page that is signed is page 2 of the contract. Without the first page being initialed, the contract is non-enforceable and I'm entitled to a full refund.I've made 2 attempts to reach Ms. [redacted] requesting a full refund and both attempts have been unsuccessful. I did give her the opportunity to refund the full amount and let her know that I would be pursuing this case in Small Claims Court, if she did not refund the full amount.Desired Settlement: I am entitled a full refund in the amount of $1,450.00.

Business

Response:

Response to Complaint ID [redacted] filed

January 14, 2014

Dear Representative of the Revdex.com,

In response to allegations reported by Ms. [redacted] to

the Revdex.com, the chronology of events in

this matter are as follows:

“On 11/18/14, I met Ms. [redacted] to discuss her dating services and

what she could provide to me. She met me at a local restaurant and when I came

in, she was sitting at the bar. She started talking about her services, while

doing so, she was also talking to a gentleman on the other side of her about

helping him plan an event. I felt rushed and she wanted payment on the spot. I

could not even ask her any questions because the gentleman on the other side of

her was standing next to us and she told him to ‘give her 10 min’. I hesitantly

gave her a check, intending on reviewing the contract and what the details

were. She told me she was busy with appointments that day and would send me a

copy the next morning.”

Ms. [redacted] alleges she was under pressure and rushed

into signing a contract: When Ms. [redacted] arrived a little late for our

appointment, I was sitting at the bar drinking a soft drink and water. I did

mention that I had appointments scheduled all day in casual conversation. Prior

to our appointment, Ms. [redacted] mentioned that she had been “sick with a

cold/flu” and asked if it was okay to

wear jeans. That being said, Ms. [redacted] was well enough to order a Margarita

during our meeting. Despite my booked calendar, I waited for the Ms. [redacted]

who was under the weather, to consume her Margarita, clearly not a sign of

rushing an appointment. I was speaking with the man next to me at the bar

towards the end of our appointment, after Ms. [redacted] signed the contract. I

told the man to give us 10 minutes as we were wrapping up and I would be happy

to continue speaking with him after I was done with my appointment with Ms

[redacted]. Further, our appointment ran over an hour long and in that time, she

had ample opportunity to read the contract and ask questions, ultimately

deciding to move forward with her remittance of payment in the form of a

handwritten personal check. I am unclear about how she “felt rushed”. It is the

responsibility of a legal adult not to execute a contract prior to reading,

understanding and agreeing thereto.

“I waited until Day 2 and still hadn't received anything. It

wasn't until Day 3 that she finally sent me a copy of the contract (the terms

and conditions and refund policy was not accepted not acknowledged by me, when

I gave her payment, the spot for my initial is blank). According to the

Attorney General's office, all dating services in CA have a 3 day rescission

period. Ms. [redacted] told me when we met that she would send me a copy of the

contract the next day and that didn't happen. I was not given a copy of the

contract until 3 days after we met, thus preventing me from having the

opportunity to review anything before the rescission period was up.”

My company does not provide a dating

service. I do not offer a subscription or membership services, nor am I a

matchmaker, therefore the 3 day rescission does not apply. In addition, Ms.

[redacted] did not even propose “postponing” services until November 29th

at 11:00pm and only asked to cancel on December 3rd. Point being, she

received a copy of the contract on November 21th for review so even

IF the non applicable right to rescind did apply, her December 3rd

request was still well outside the 3 day period to cancel.

“The only page that is signed is page 2 of the contract. Without

the first page being initialed, the contract is non-enforceable and I'm

entitled to a full refund.”

There is no designated area to initial within

the body of the contract on either page. There is no designated place for

initials or acknowledgement of the terms and conditions or cancellation policy,

as these clauses are not negotiable. The contract states any changes to the

contract must be written on the contract and initialed by both parties, however

there are no changes handwritten on the contract. Instead, the handwritten

areas on the contract are 1) date of the contract, and 2) where the Queen of

Dating Contract reads:

“PRICE POINTS:

(Check two for this contractual purpose)

o Three dating coaching sessions with the option to purchase more

as needed”

The 2 optional services selected as per contractual purpose are

handwritten next to this verbiage. They are a part of, not changes to. Ms.

[redacted] further consented to the contract by handwriting a personal check in

exchange for these services.

I will reiterate, “it is the responsibility of a legal

adult not to execute a contract prior to reading, understanding and agreeing

thereto”. After Ms. [redacted]’s request to postpone services on November 29th:

“Soooo....I

think I'm going to have to put everything on hold for a little while.

Honestly, I'm just not feeling very well lately, I plan on cutting back on

going out for a while. My Doctor thinks I need surgery (to remove the

infected part of my colon). The recovery time is about 6 weeks. I

guess it was bad timing, if I knew I was going to get sick, I wouldn't have

committed to focusing on my love life until I was well. The bad thing is,

I may be out of work for a couple mos now too. Ugh. :-(”

and

her acknowledgement to awareness of the cancellation

policy and attempt to ‘cut a deal’ with me in her email dated December 3rd:

“Is is

possible to just cancel the contract? I know the contract said there was

no cancellation and no money back but I'm honestly not in a very good

situation. I sold a lot of homes this year but I haven't gotten any

offers accepted in over 30 days now, I only have one sale in escrow and I'm

going to need to take at least 4-6 weeks off in a couple weeks. I already

owe over $1,000 in medical bills (with insurance). I'm just really

stressed out, so at least if I could have that money back, I could put that

towards my medical bills. If you want, I can give something showing that

I have Diverticulitis (I'm not just making it up). If you want to keep a

couple hundred dollars of what I paid you, I'd be fine with that.”,

It seems as if Ms. [redacted] uses illness

as a chronic scapegoat. She stated that she had been sick before our first

meeting and knowingly entered into contract. Later she states “if she knew she

was going to get sick, she wouldn’t have committed to focusing on [her] love

life” after admitting that she had previously been diagnosed with Diverticulitis.

She says she is going to cut back on partying, and just hasn’t been feeling

well, yet invites me to an ugly Christmas sweater event to get clients in

exchange for cancelling her contract. I have pictures of her attendance at this

party despite her poor health.

“I've made 2 attempts to reach Ms. [redacted] requesting a full refund

and both attempts have been unsuccessful. I did give her the opportunity to

refund the full amount and let her know that I would be pursuing this case in

Small Claims Court, if she did not refund the full amount.”

Other than these emails, I have not

received the certified mail that she claims she sent. The correspondence of

this matter was forwarded to my attorney and a cease and desist letter was sent

to Ms. [redacted]. Her response to C&D was notice from the Revdex.com.

SUMMARY

If need be, I am prepared to

sue for defamation and the costs and time associated with this matter. She knew what the contract stated about no

refunds or cancelation and even said that in her original emails. I have pictures of her out partying the week

she claims she was too sick. We do, in fact, have a no refund policy. If extenuating

circumstances warranted consideration to make an exception, we especially don’t

subscribe to false claims, buyer’s remorse, barter, farfetched excuses, or

insistence on a refund 12 days AFTER receipt of contract and AFTER a failed attempt

to use a non applicable 3 day rule to your benefit. I don’t believe Ms.

[redacted] is entitled to a refund based upon the grounds of the cornucopia of lies

and excuses (sick, rushed, illness, sick, partying, 3 day rescission, initials,

certified mail) especially when Ms. [redacted] admitted to having knowledge of

our refund policy. Attached are pictures that show [redacted] partying and attending social events during the week she claims to have been too "ill to continue on as a client.".

Thank you for your time and consideration.