Kimkins Class Action Lawsuit - Statement
Friday, October 29, 2010
Today, October 29, 2010, Judge Rick Brown of the Riverside County Superior Court entered a verdict for the plaintiffs in a certified national class action lawsuit. The court entered a verdict against Heidi Diaz the owner of the diet website Kimkins.com for fraud and false advertising. The court awarded the class members restitution in the amount of $1,824,210.39. The court also awarded an additional $500,000 in punitive damages as well as attorney fees. The court then issued a temporary restraining order to freeze all of the assets of Ms. Diaz.
Most notably, the court also imposed an injunction requiring Heidi Diaz to post on all of her websites that: (1) she lied about her weight loss; (2) she lied about her after diet pictures; (3) she lied about testimonials on her website; and (4) she lied about the photographs used with the testimonials to promote the Kimkins website.
An injunction was also issued to prevent Heidi Diaz from contracting, harassing or cyberbulling the plaintiffs and the witnesses. A formal judgment will be entered before November 19, 2010.
Kimkins Class Action Lawsuit - More Details!
More details from here:
Ok ... I'm released to share!!!
The Court found in favor of the plaintiffs on all points.
We have a judgement based on fraud for $1.8 Million.
We have punitive damages for $500,000
We have injunctive relief, which includes she can not further lie to promote her diet. She can not use fake photos, success stories or testimonials to promote her diet.
While we won't see a court ordered 404 message we got something even better.
Heidi must put a notice on ANY website she starts for any purpose, diet or otherwise, that explains that she lied, used fake success stories and testimonials, that she mislead, that she used deceptive practices. She is going to have to post a notice that explains that low calorie diets can be dangerous, with a list of possible adverse side effects (the wording of the notice is to be worked out between the lawyers and the judge). There is NO expiration of these notices.
The Judge included a PERMANENT restraining order wherein Heidi (or any of her socks) are prohibited against contacting in ANY form with any/all class members, class plaintiffs, lawyers, their families, their staffs (which includes me, Laura) for the rest of our lives.
Oh, all of her assets have been frozen until the judgement is entered and served.
This may be appealed, of course, but today, WE WON!!!!!
The Court found in favor of the plaintiffs on all points.
We have a judgement based on fraud for $1.8 Million.
We have punitive damages for $500,000
We have injunctive relief, which includes she can not further lie to promote her diet. She can not use fake photos, success stories or testimonials to promote her diet.
While we won't see a court ordered 404 message we got something even better.
Heidi must put a notice on ANY website she starts for any purpose, diet or otherwise, that explains that she lied, used fake success stories and testimonials, that she mislead, that she used deceptive practices. She is going to have to post a notice that explains that low calorie diets can be dangerous, with a list of possible adverse side effects (the wording of the notice is to be worked out between the lawyers and the judge). There is NO expiration of these notices.
The Judge included a PERMANENT restraining order wherein Heidi (or any of her socks) are prohibited against contacting in ANY form with any/all class members, class plaintiffs, lawyers, their families, their staffs (which includes me, Laura) for the rest of our lives.
Oh, all of her assets have been frozen until the judgement is entered and served.
This may be appealed, of course, but today, WE WON!!!!!
Kimkins Class Action Lawsuit - Big Announcement Today?
The trial has been going on all week and is expected to conclude any minute. It's hard to believe this day is finally here!
Congratulations, mighty ducks, on your persistence in finding soooooo much evidence of fraud in this case!
I never did this diet but I'll be very satisfied to see justice done if the judge rules in the class's favor!
Tuesday, October 19, 2010
It's been a long wait, but...
The trial starts Monday!
There is so much evidence that Heidi Diaz lied, and lied about lying, when marketing her sham of a diet website. I'm sure John will lay out this evidence in a way that is very clear for the jurors. Even the new lies she tells will be easily countered with evidence collected during this long process. You can't have a lifetime pattern of lying and expect anyone to think you'll abruptly start telling the truth now!
Best wishes to all the plaintiffs out there who have been waiting for this day for 3 years!
If anyone still checks in here... I'd love to hear your memories of Heidi-isms and lies!
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