Showing posts with label dangerous diet advice. Show all posts
Showing posts with label dangerous diet advice. Show all posts

Kimkins Class Action Lawsuit: Court Date Set For October 25th, 2010

 The class action lawsuit against Heidi Diaz (center, top right, bottom right in picture above), owner and founder of the Kimkins diet site, is scheduled to go to trial at the Riverside County Courthouse in California on October 25, 2010.

Recap:
Heidi Diaz, also known as Kimmer, claimed to have lost nearly 200 pounds in less than a year and to have maintained her weight at 118 pounds for approximately 5 years. Starting an online dieting site based on these claims she sold memberships to access the plan(s) she created. The site included many success stories accompanied by before and after pictures of amazing transformations, including her own which showed a picture of a young, beautiful woman in a clingy red dress (top left of picture). The success stories seemed too good to be true and, as it would turn out, they were
A private investigator, Robert Charlton of Alliance Investigative Services, was hired and discovered that Heidi Diaz was not what she claimed to be. Ex members and concerned citizens, banning together to uncover the fraud, discovered that she had littered her website with elaborate fabricated success stories that she had written herself, taking the before and after pictures from online Russian Bride sites, including the picture(s) she claimed to be her after her weight loss (see woman in red dress, upper left hand corner of picture above)

Heidi Diaz, having no medical, science, or nutritional background, doled out dangerous diet advice that promoted extremely low calories, laxative use, and anorexic eating behaviors and practices. Members who dared to question "Kimmer," state their concerns on her website, or question the validity of her success stories, found themselves locked out of the site, without warning or reimbursement of their "lifetime membership" fees.

Kimkins received an F rating by the Better Business Bureau: We strongly question the company’s reliability for reasons such as that they have failed to respond to complaints, their advertising is grossly misleading, they are not in compliance with the law’s licensing or registration requirements, their complaints contain especially serious allegations, or the company’s industry is known for its fraudulfent business practices.

*It is estimated that Heidi Diaz's scam netted her well over 2 million dollars.


It would be nearly impossible to site all that has happened since the fraud was first discovered. Below are some links that cover some of what has transpired in the last 3 years.



Kimkims Lawsuit: Class Certification Granted

Heidi Diaz portrayed herself as the beautiful woman in the red dress above. The real Heidi (in red, center) at one of her depositions. Heidi captured by PI surveillance.

In a long awaited decision, class certification has been granted in the lawsuit against Kimkins, owned by Heidi Diaz.

Stuffing her site with false testimonials, fake before and after pictures taken from online Russian dating sites, and lies about having lost 198 pounds in less than a year and maintaining that loss for over 5 years, Heidi Diaz/aka Kimmer, charged those seeking to lose weight a lifetime membership fee to her site. Following a feature in Woman's World Magazine where Heidi Diaz represented herself as one of her many aliases, Kim Drake, membership boomed, as did Diaz's bank account.


Heidi Diaz claimed the above pictures as her after pictures.

Despite Diaz's lack of nutritional/medical training, certification, or scientific backing, claims of the diet's benefits to certain health conditions were made. Members also report being advised by Heidi Diaz to take laxatives and to lower calories to dangerous extremes. Many experienced health issues including heart palpitations, dizziness, nausea, menstrual irregularities, weakness, disordered eating behaviors, and hair loss. Members state that after questioning her advice, voicing health concerns, or stating disbelief over the fake testimonials, they found themselves banned without warning, explanation, or refund of their lifetime membership fee.

Real pictures of Heidi Diaz/aka Kimmer. Pictures 1 and 3 were used as her before pictures.

Headed by the efforts of Jeanessa Fenderson, a lawsuit was filed. Represented by lawyer John Tiedt, class certification was sought on the behalf of all Kimkins victims.

Class certification was granted on January 14th, 2009:

Case RIC483005 - FENDERSON VS DIAZ
Action:

HEARING RE: MOTION TO/FOR CLASS CERTIFICATION * BY JEANESSA FENDERSON
01/14/2009 - 8:30 AM DEPT. 04

HONORABLE MICHAEL B DONNER, PRESIDING
CLERK: L. HALL
COURT REPORTER: T. FOSTER
JEANESSA FENDERSON, KARIN BILLECI, TRISTA ESSEX, HEIDI MARTINEZ, KATHLEEN ROGERS, DIANA SHERBY REPRESENTED BY MICHAEL L COHEN A PROFESSIONAL LAW CORP - JOHN TIEDT PRESENT.
MOTION FOR CLASS CERTIFICATION IS GRANTED.
FORMAL ORDER TO BE PREPARED, SERVED AND SUBMITTED BY COUNSEL FOR PLAINTIFF



*Congratulations and thanks to all those who put (and continue to put) so much time, effort, and energy into uncovering and proving the fraud, providing the evidence needed.

Related posts:
Kimkins Wins Worst Diet Product Of The Year
Kimkins: An Internet Diet Scam
Kimkins San Diego Victims Sought
Falling For A Diet Scam

*Be aware: Heidi Diaz, in the midst of being sued and having filed bankruptcy, has started a new diet site, "Simple Choices Diet.” This is not the same diet that is trademarked and owned by HMR (Health Management Resources) and according to reports they are not happy about the trademark infringement.



source: woman's world apology: http://www.grilledcheesewithpickles.com/2008/02/i-dont-accept-your-apology-womans-world.html
all other sources linked in post.