"On June 21, 2014, Mr. Zhe Zhao, senior sales, from Bay Media Star Inc. (BMS) had an information booth in front of Marina Food supermarket, which is located at 10122 Bandley Dr, Cupertino, CA 95014. I was shopping in the store around noon. I made an inquiry about Chinese TV programs he was marketing. Mr. Zhao told me I had to subscribe one English program in order to add a Chinese program and I had to subscribe Comcast internet service in order to receive a promotion deal. He recommended to me Preferred Choice, MandarinDirect III, and Blast Internet Service with the price tags as follows:
• Preferred Choice – $14.99/m (1-12 mo) and $19.99/m (13-24 mo);
• MandarinDirect III – $16.99/m (1-24 mo);
• Blast Internet – $39.99/m (1-3 mo) and $49.99/m (4-24 mo);
• HBO+Starz+Showtime – free (1-3 mo); cancel or pay fee (4-24 mo).
He took my name, home address and phone number and gave me his business card, where he wrote down his cell number for me to call if I have any questions. He promised that he would get back to me within a day or two.
I did not hear from him for a couple of days. On June 25, 2014, I called his office at 925-833-6000 listed in his business card and received a message that the phone was no longer in service. I then called his cell at 510-598-5509 and Mr. Zhao answered. He retook the information from me and ordered an installation on the following day, June 26, 2014. A technician came and installed the dish/wire and an HD receiver. Before he left, the technician gave me an estimated first month’s bill of $41.98 for DirecTV service. In the evening I noticed $41.98 be posted in my credit card account.
Two days later, I received an itemized billing statement from DirecTV. The billing statement made me realize that Mr. Zhao
• failed to disclose to me that Preferred Choice will be $45.99/m (13-24 mo) and
• failed to disclose to me that there is a Primary TV fee of $6.00/m.
As a result, my monthly bill (13-24 mo) from DirecTV will be $32/m higher than what Mr. Zhao promised to me on June 21, 2014.
The internet service bill I received also demonstrates that Mr. Zhao
• failed to disclose to me the internet service fee will be $77.95/m (13-24 mo), which will be $27.94/m higher than what Mr. Zhao promised to me on June 21, 2014;
• failed to disclose to me there is an HIS National SIK Charge Kit of $15 (I have never received this Kit); and
• failed to disclose to me there is a CHSI Change of Service fee of $5.00.
On July 1, 2014, I called Mr. Zhao’s cell phone. After brief discussion, he agreed to personally reimburse me for the Charge Kit of $15.00 and instructed that I pick up $15.00 in his office (I live about 30 miles away from his office). At the same time, he notified me that if I take $15.00, I am no longer allowed to call his cell and that he would transfer my account to another sale person but refused to disclose the person’s name and phone number to me. I then requested that he disclose BMS business address and his supervisor’s name, which he spelled out as follows:
Bay Media Star (BMS) Inc.
42285 Osgood Road
Freemont, CA 94539
Jack, office hour from10:30 -7:00 PM
I informed Mr. Zhao that I would visit BMS headquarter at the address he gave to me the next day (July 2, 2014) and meet with his supervisor during the business hours.
On July 2, 2014 about 4:45 PM, I arrived at BMS’s headquarter at 42285 Osgood Road, Freemont, CA 94539. I delivered a letter addressing the BMS Management Team, which outlines what I was told by Mr. Zhao and what Mr. Zhao failed to disclose to me when he switched me from my existing internet/tv services to the internet/tv services he prepared for me. Four staff members working in the office at the time refused to receive the letter I personally delivered to them. When I asked to see “Jack”, I was told nobody named “Jack” works there. I then asked to see any management member. A gentleman self introduced to me as “Jeff” showed up. He told me that none of the managers was in the office and none of them would return to the office by the end of the day. I informed him that I would wait until the end of the day. Later Mr. Edward Wong, Marketing & Sales Director, showed up. He told me his boss is BME’s CEO and he is No. 2 in BME. I explained to him, for example, the new internet service I was switched to by Mr. Zhao does not make any sense: My existing internet service was $49.99/m (I showed him my billing statements) and this rate was guaranteed FOREVER as long as I stayed with the same service. With the switch to the new service, I would pay $39.99/m (1-3 mo) (saving $30.00 total less Exchange Kit of $15.00; the net saving is $15.00) as compared to my existing service fee of $49.99/m); $49.99/m (4-12 mo) (same as my existing service fee of $49.99/m); $77.95/m (13-24 ms) ($27.94/m higher as compared to my existing service fee of $49.99/m.)
Mr. Wong promised that if anytime that my bills be higher than I was promised for the 24 months of period, I could go to him and he would make an effort to switch me to new promotion programs. I asked him how he could do that since the services Mr. Zhao switched me to require 24 mo commitment. I asked him to put his promise in writing, which he refused. I then gave him the letter I wrote to the management team and asked him to read it himself and acknowledge that he receive it. Mr. Wong refused to do so. I told him I would make a note showing that BMS refused to receive the letter I personally delivered to its office. Mr. Wong said “You cannot prove that you personally delivered the letter because I will deny it." I responded “If we go to the court, you will be required to make that statement under the oath.” That was my last word.
I then went to a neighborhood office and asked a business owner/employee working there to be my witness. This is what I got:
I, xxx, witnessed xxx was at xxx (business) of Freemont on July 2nd, 2014 at 6:15 PM. Drove a black car with license xxx confirmed was her vehicle. Dated July 2nd, 2014 at the address of 42xxx Osgood, Fremont, CA 94536.
I demand BMS pay
1. $26.00/m (extra direcTV fee) x 12 (13-24 mo) = $312.
2. $6.00/m (primary TV fee) x 23 (2-24 mo) = $138
3. $27.94/m (extra internet fee) x 12 (13-24 mo) = $335.28
4. $15.00 (exchange kit fee)
5. $5.00 (CHSI change of service fee) x 23 (2-24 mo) = $115
Total: $915.28, payable to me by July 18, 2014."