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February 06, 2012

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This is where government oversight shines and why you want to be served by the private sector but able to rattle their cages with insurance commissioners, attorney generals and the like. When you are served by government, there is no one to rattle their cage.

I've long argued for limited government - but never for no government. At the same time, I don't depend on government: when going into a confrontation, as in this case, I gather a lot of information. One cannot expect to negotiate successfully in the absence of documentation.

I suspect that several factors apply, here: I had evidence that, denials aside, these companies are interconnected. Moreover, I had documentation of other occurrences as cited above, and I had the identity of the individual responsible for implementing the program code; cumulatively, these data represent an insurmountable obstacle to successful defense of corporate actions.

Do they want Dave Lamb called to discuss his activities in this regard? Likely not.

Interestingly, I received a follow-up call this morning, which caller id showed came from "Orchard Brands". The caller identified herself as a representative of the president of Norm Thompson Outfitters, and the purpose of her call was to confirm that all charges have been credited back to my card. She was really quite nice.

Remember, when I mentioned to the customer service rep that these companies were all linked under Orchard Brands, the assertion was denied.

In any event, she assured me that they have made changes to their website in order to "ensure that people have a full understanding" of the program. I suggested that it would be in their best interest to terminate the "program", but they are apparently continuing to "fine-tune" it.

It seems obvious that what has transpired is this: they got caught, and I have the goods on them. So it's easier to pay me back and then carry on - there are, after all, hundreds, if not thousands of people out there who are still paying $15 a month for nothing.

My dad was having trouble with an out of state headquartered mortgage company which had charged him for unwanted insurance in case of death or disability. He worked with them for months. Nada. Went to the Oregon insurance commissioner, and the funds were refunded post haste and very politely.


I suspect that the primary differences were: extreme preparation before contact. I'm gonna go out on a limb here and suggest that your dad didn't have Internet access - or that if he did, he was like my mom and dad and didn't know squat about how to use it. I had a lot of data, including actual names and biographical information, complaint records, etc.

And when I contacted them armed with this information, I mentioned a keyword: fraud. And I also stated explicitly that if necessary I was perfectly comfortable with working with representatives of the OAG office.

Not a problem; I believe very strongly in negotiating from a position of strength.

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