"Reply to: Allen Vacek
7906 Mensik Road
Schulenburg, TX 78956
Brand Partner ID: LG6316772703711861
(hereafter referred to as: “Claimant”)
To:
ALEXY PITT
REGISTERED AGENT FOR: LUCRAZON GLOBAL, LLC
8855 RESEARCH DRIVE
IRVINE CA 92618
USPS CERTIFIED MAIL, ARTICLE #: 7012 2210 0001 3671 6054
ALEXY PITT, CEO
c/o LUCRAZON GLOBAL, LLC
8855 RESEARCH DRIVE
IRVINE, CA 92618
HECTOR BARRETO, PRESIDENT
c/o LUCRAZON GLOBAL, INC.
8855 RESEARCH DRIVE
IRVINE, CA 92618
OSCAR GARCIA, VICE PRESIDENT SALES
c/o LUCRAZON GLOBAL, LLC
8855 RESEARCH DRIVE
IRVINE, CA 92618
LEGAL DEPT. LUCRAZON GLOBAL, LLC
c/o LUCRAZON GLOBAL, LLC
8855 RESEARCH DRIVE
IRVINE, CA 92618
(hereafter referred to collectively as: “Respondent(s)”)
Re: OFFER OF PRESUIT MEDIATION
Dear Respondent(s):
On August 1, 2014 at approximately 3:04 pm., via USPS Certified Mail, Article Number: 7012 2210 0001 3671 6054, pursuant to the authority provided under: Cal. Civ. Code. 1782(a)(2), Claimant served Alexy Pitt, Registered Agent for Lucrazon Global, Claimant’s PRESUIT NOTICE by USPS Certified Mail. See Exhibit No. 1. Copy of: PRESUIT NOTICE; No. 2. Copy of: USPS Certified Mail; No. 3. Copy of: USPS Proof of Delivery.
I. CAVEAT
In such event Respondent(s) do not understand the nature and purpose of the Presuit Notice Serviced upon them, Claimant strongly urges and suggests Respondent(s) seek legal counsel and advice immediately without delay. The purpose of said Presuit Notice is to give Respondent(s) NOTICE that an action is about to be filed against Respondent(s) unless Respondent(s) take such measures or steps necessary to resolve said claim(s). Respondent(s) failure to timely act shall result with an action being brought against Respondent(s).
II. INTRODUCTION
In compliance with California Civil Code § 1750 and, specifically § 1782(a)(2), in a good faith effort to resolve the claim(s) Claimant has against Respondent(s) as a direct and proximate result of, including, but not limited to, Claimant’s belief, Claims and allegations Respondent(s) have engaged in false, misleading and deceptive advertising and marketing practices in violation of California Business and Professions Code § 17500 et seq. Specifically Sections 17500,17500.5 and 17505 prohibiting false advertising, (a misdemeanor if found guilty) prior to commencing any action against Respondent(s) under this statute and any such other statute, code, etc., Claimant finds applicable under the circumstances. Claimant is offering Respondent(s) this one time mediation opportunity to resolve Claimant’s claims against Respondent(s) through a non-involved non interested third party prior to filing any lawsuit or undertaking any other form of legal action which may be available concerning Claimant’s grievances.
Respondent(s) failure to participate in said mediation and resolve this matter within said thirty (30) day time period shall result with Claimant amending Claimant’s claims to include other parties to this matter, specifically Merrick Bank NA, VISA and MASTERCARD to redress their errors and omissions as well as any negligence as it may relate to their roll and involvement with Respondent(s) in this Lucra-Scam Global Ponzi styled scheme.
Claimant wants Respondent(s) to clearly and fully understand the gravity of Respondent(s) actions and Claimant’s seriousness, that in such event the claims herein are not resolved satisfactorily prior to expiration of said thirty (30) day period, in addition to any and all actions taken by said mediation company in reporting Claimant’s unresolved claims to the: Securities Exchange Commission; Federal Trade Commission; California Attorney General Consumer Fraud Division; Secretary of State; US Department of Justice; Orange County District Attorney’s Office; United States Attorney’s Office; Better Business Bureau; Homeland Security, plus posting on Rip Off Report.com, MLM Watch Dog and all other internet MLM monitoring and reporting services; copies will also go out to the Associated Press; 60 Minutes; 20/20; Dateline; and many Local and National Consumer News Investigating Reporting companies and services.
Claimant has already prepared an action for filing against Respondent(s) pursuant to the authority provided under: Cal Bus & Prof Code § 17203, which holds:
Actions for injunction under this section may be prosecuted by the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state in the name of the people of the State of California upon their own complaint or upon the complaint of any board, officer, person, corporation or association or by any person who has suffered injury in fact and has lost money or property as a result of a violation of this chapter. Any person may pursue representative claims or relief on behalf of others only if the Claimant meets the standing requirements of this section and complies with Section 382 of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state.
Cal Bus & Prof Code § 17203 (Emphasis added mine.)
The purpose of said injunctive relief is to protect the public and consumers. Claimant shall pursue all such other avenues of relief against Respondent(s) for redress of Claimant’s damages and injuries as necessary.
III. FACTS IN SUPPORT
On or about January 9, 2014 Claimant attended a presentation of Lucrazon Global put on by Respondent(s).
Claimant has copies of all video and audio recordings including presentations and conversations, copies of conference calls, audio recordings from trainings, audios and videos from trainings, emails, and other forms of documentation including but not limited to weekly screen shots of Claimant’s administrative back office and Claimant’s bank statements evidencing a 100% failure of Respondent’s product to function and operate as advertised, marketed and sold.
Claimant, as a result of marketing representations made to Claimant by Respondent(s) which were false and misleading, Claimant on January 9, 2014 joined Lucrazon Global as a brand partner by paying $1,000.00 from a Claimant’s Bank Card. Claimant ultimately went to the bank and deposited an additional $7,000.00 into Lucrazon Global’s bank account, purchasing a total of 15 Business Unit(s) from Lucrazon Global for the total sum of $30,000.00.
The numbers illustrated to Claimant by Respondent(s) that Claimant could earn $14.50 per day per Business Unit, owning 15 business units paying $217.50 per day, every day, 7 days a week, 365 days per year wrongfully induced Claimant to spend $8,000.00 with Respondent(s) to purchase 15 Business Unit(s). The failure of Respondent(s) to pay the daily marketing bonus of $14.50 per Business Unit as promised has caused a damage and financial injury to Claimant.
At the time Claimant joined Lucrazon Global it was in prelaunch stage. It had been announced that Lucrazon Global planned to officially launch in early January 2014. That launch date was then subsequently moved to February, then to March and finally it was settled April 12, 2014 would be the official launch date at the LA Convention Center in Los Angeles, California. Each time the launch date was extended, so was the start date of the daily marketing bonus.
A call to action was put out by Respondent(s) to recruit as many new brand partners as possible before the launch so they could benefit from the daily marketing bonus. It was further promised those brand partners who had already signed up before the launch that we would get paid retroactive to the date of our enrollment with Lucrazon Global.
Claimant spent time, energy, money and resources to market Respondent(s services and products. Respondent(s) made commitments that it would provide and take care of Brand Partners who marketed and promoted their products and services with a daily marketing bonus. That was Claimant’s complete understanding at the time Claimant purchased 15 Business Unit’s. Claimant was further told that by purchasing the 14 additional Business Units, that Claimant would be able to resell them in the future for many times what we purchased them for.
IV. CLAIMANT’S INITITAL STATEMENT OF DAMAGES
Whereas, Claimant contends that Claimant is owed $14.50 per each Business Unit per day retroactive to the date of enrollment. January 9, 2014 is 197 days of overdue unpaid daily marketing bonus of $217.50 per day times 197 days, equals $42,847.50. Likewise Claimant contends Respondent(s) shall purchase Claimant’s 15 Business Unit’s back at two times the price Claimant paid for them, or $30,000.00.
The total amount owed and due Claimant is: $ 72,847.50.
Claimant further contends because Respondent’s sold Claimant products that have never operated or functioned in the manner which it was represented and marketed how the products and services would perform. Claimant contends Claimant was misled by Respondent(s) misrepresentation and deceptive and sophisticated marketing practices. That the products and services sold to Claimant do not operate or function as marketed and represented.
This offer for Presuit Mediation Settlement shall expire at midnight of the day set by the PeopleClaim.com after Respondent’s receipt hereof by PeopleClaim.com. Any unresolved claims or issues at expiration of said time limitations described herein shall be disposed of as described hereinabove.
VI. CONCLUSION
The acts of Respondent(s) as set forth hereinabove, committed acts of false advertisements against the peace and dignity of the people of the State of California in violation of California Business and Professions Code § 17500 et seq. Sections 17500, 17500.5 and 17505 and need to be held to answer for their acts and actions.
VII. Names & Addresses for reporting purposes:
1. SECURITIES EXCHANGE COMMISSION
Los Angeles Branch
Rosalind Tyson, Regional Director
5670 Wilshire Blvd., 11th Floor
Los Angeles, CA 90036-3648
(323) 965-3998
2. Federal Trade Commission
600 Pennsylvania Ave, NW
Washington, DC 20580
(202) 326-2222
3. Kamala D. Harris
Attorney General’s Office
California Department of Justice
Public Inquiry Unit/Consumer Fraud
P.O. Box 944255
Sacramento, CA 94244-2550
(916) 322-3360
4. Debra Bowen, Secretary of State
California Secretary of State
1500 111th St.
Sacramento, CA 95814
(916) 653-6814
5. Tony Rackauckas, Orange County District Attorney
Orange County District Attorney’s Office
401 Civic Center Dr.
West Santa Ana, CA 92701
(714) 834-3600
6. Better Business Bureau
4747 Viewridge Ave., Suite 200
San Diego, CA 92123
858-496-2131
7. BBB Business Review
Orange County, SEO
16400 Pacific Coast Hwy #218
Huntington Beach, CA 92649
(949) 494-0007
8. Federal Bureau of Investigation
11000 Wilshire Blvd., Suite 1700
Los Angeles, CA 90024
(310) 477-6565
9. Federal Bureau of Investigation
Orange County Satellite Office
4000 W. Metropolitan Dr., Suite 200
Orange, CA 92868
(714) 939-8699
10. Merrick Bank, NA
P.O. Box 5000
Draper, UT 84020-5000
11. VISA INC.
Agent for Service of Process:
C T CORPORATION SYSTEM
818 WEST SEVENTH ST 2ND FL
LOS ANGELES CA 90017
12. MASTERCARD INTERNATIONAL INCORPORATED
Agent for Service of Process:
CT CORPORATION
818 WEST SEVENTH ST 2ND FL
LOS ANGELES CA 90017
13. 60 Minutes
524 West 57th St.
New York, NY 10019.
EMAIL: 60m@cbsnews.com.
Phone Number: (212) 975-3247
14. Associated Press
info@ap.org
Phone Number: 212.621.1500
15. Dateline NBC
30 Rockefeller Plaza Room 510.
New York, NY 10112.
Phone Number: 212-664-4444
16. Rip Off Report
PO Box 310.
Tempe AZ 85280 USA
legal@ripoffreport.com
17. MLM WATCHDOG
http://www.mlmwatchdog.com
18. http://www.mlmwatch.org/
19. Card Payment Options Review
http://www.cardpaymentoptions.com/credit-card-processors/lucrazon/
20. Federal Reserve Consumer Help
PO Box 1200
Minneapolis, MN 55480
(888) 851-1920
21. Internal Revenue Service
Criminal Investigations Division
801 Civic Center Drive W.
Santa Ana, CA 92701
(714) 347-9204
22. Department of the Treasury
1500 Pennsylvania Avenue, NW
Washington, D.C. 20220
(202) 622-2000
VIII. NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT
Lucrazon and Lucrazon Global email addresses:
1. alex.pitt@lucrazon.com
1a. alex.pitt@lucrazonglobal.com
2. jro@lucrazonglobal.com
3. jacob.bennett@lucrazon.com
4. alice.ly@lucrazon.com
5. andrew.wei@lucrazon.com
6. charlie.honea@lucrazon.com
7. kevin.moniz@lucrazon.com
8. isaac.romero@lucrazon.com
9. kamil.manczyk@lucrazon.com
10. liz.calderon@lucrazon.com
11. mayra.gonzalez@lucrazon.com
12. melissa.price@lucrazon.com
13. support@lucrazon.com
14. michael.harris@lucrazon.com
15. jenny.ou@lucrazon.com
16. refundpolicy@lucrazon.com
17. legal@lucrazon.com
18. support@lucrazon.com
19. info@lucrazon.com
20. changerequest@lucrazon.com
21. cancellations@lucrazon.com
22. michael.myre@lucrazon.com
23. conner.lantz@lucrazon.com
24. michael.rodriguez@lucrazon.com
25. micahel.hernandez@lucrazon.com
26. ivy.gustilo@lucrazon.com
27. fernando.fischer@lucrazon.com
28. david.arbiso@lucrazon.com
29. paola.ibarra@lucrazon.com
30. faye.carter@lucrazon.com
31. rey.gonsalez@lucrazon.com
32. robert.sarabia@lucrazon.com
33. jonathan.cuenca@lucrazon.com
34. Jason.kalayjian@lucrazon.com
35. Julian.guzman@lucrazon.com
36. Jason.pier@lucrazon.com
37. Jennifer.zepeda@lucrazon.com
38. Jacob.guerrero@lucrazon.com
39. Javier.medina@lucrazon.com
40. benny.nguyen@lucrazon.com
41. bill.galviz@lucrazon.com
42. chandra.ry@lucrazon.com
43. chandra.ry@lucrazon.com
44. gabriel.ambrosius@lucrazon.com
45. em@lucrazonglobal.com
46. og@web90x.com
IX. Lucrazon Global Telephone Numbers:
Customer Support:
(888) 840-0796
Business Inquires
(888) 992-8989"