DO NOT BUY anything from AV123

[MinusTheBear]

Well folks AV123 has finally felt the wrath of the better business bureau. Their reliability report has sunk to a new low of an F rating.

BBB Rating

Based on BBB files, this business has a BBB Rating of F on a scale from A+ to F.
Reasons for this rating include:

* 6 complaints filed against business
* Failure to respond to 2 complaints filed against business.
* 2 complaints filed against business that were not resolved.
* Government action(s) against business.
* BBB does not have sufficient background information on this business.


Customer Complaint History

When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints.

BBB processed a total of 6 complaints about this company in the last 36 months, our standard reporting period. Of the total of 6 complaints closed in 36 months, 4 were closed in the last year.
These complaints concerned :
+ 5 regarding Refund or Exchange Issues

1 - Failure to honor promised refunds, exchanges, or credit
3 - Failure to honor refund, exchange or credit policies
1 - None of the Above - Refund or Exchange Complaint Issue
+ 1 regarding Sales Practice Issues

1 - Sales presentation did not disclose key conditions of the offer

These complaints were closed as:
+ 2 No Response

2 - Company failed to respond to BBB to resolve or address the complaint issues.
+ 2 Resolved

2 - Company resolved the complaint issues. The consumer acknowledged acceptance to BBB.
+ 2 Unresolved

Government Actions

The following describes a pending government action that has been formally brought by a government agency but has not yet been resolved. We are providing a summary of the government's allegations, which have not yet been proven.

On February 26, 2010, Colorado Attorney General John Suthers announced that the Statewide Grand Jury indicted Mark L. Schifter, on suspicion that he ran multiple fraudulent charity raffles that he used to steal from Colorado consumers.

According to the five-count indictment, Schifter, president of the Longmont-based companies www.AV123.com and Perpetual Technologies, used his company's Web site to post information about 27 illegal charity raffles between October 2004 through August 2009. During that time, Schifter is suspected of taking in more than $180,000 from 707 victims as part of the raffles; only $29,500 of the money the raffles raised was devoted to charitable causes. The indictment alleges that many of the charities advertised as the benefactors of the online raffles received none of the money.

For more information, please visit: http://www.coloradoattorneygeneral.gov/press/news/2010/02/26/attorney general announces indictment longmont man involved internet charitabl


Information was from this link below.

http://www.bbb.org/denver/business-reviews/secretarial-services/av123-in-longmont-co-12049855

 

[T2T]

Funny thing was that the Boulder county court needed to get a hold of him due to a scheduling issue. I told the clerk she would not hear from him because I have been trying to get a hold of him for years..... BUT she was able to get a hold of him in 1 day!

Hmm ... I wonder if Mark had a special "red phone" installed for communicating with the court system? It seems like they're on a frequent communication cycle.

 

[Stereodude]

Hmm ... I wonder if Mark had a special "red phone" installed for communicating with the court system? It seems like they're on a frequent communication cycle.

Soon enough he might just get some special housing arranged by the court system. Then there will be nearly continual and constant communication between them.

 

[Chu Gai]

of course my lien would be below the mortgage. For me this was a learning experience more than anything else. It was more about principal. It took me less than 2 hours to do the whole thing. I feel better that I took a stand. If I don't get any financial reward out of it,so be it.

This whole fraud issue has me intrigued. I know a couple of folks who ponied up considerable amounts of money and were enticed into investing the money with MLS. One gentleman said MLS told him the money would be invested into the Cali operation with great returns. MLS had started paying back and then after a while stopped. I wonder if that's considered fraud? I'll give the Boulder Sheriff's department a call on Monday and see what they say. What's interesting about this is that it may rise to the level of a felony and I would think any deal Humbly Bumbly might get on the 29th would require keeping his nose clean.

 

[Chu Gai]

BTW, audionut. Even though you've won your small claims case, does that mean that by pursuing that course of action that you waived your right to bring fraud charges against MLS?

 

[zvardanian]

I stumbled upon this page. Kind of neat as you get to see some of the cad drawn designs of, "to come".

http://av123.wetpaint.com/

 

[gonk]

I've referred to that page from time to time over the last year and a half or so. It's kind of a funny read, in a "train wreck" sort of way. It's sort of a graveyard for product hype.

 

[geekinthehood]

It's sort of a graveyard for product hype.

That's hilarious!

 

[Stereodude]

I've referred to that page from time to time over the last year and a half or so. It's kind of a funny read, in a "train wreck" sort of way. It's sort of a graveyard for product hype.

Just remember. It is a wiki. It's fully editable. Someone could have a quite a bit of entertainment if they were so inclined.

 

[gonk]

I was thinking the same thing, actually.

 

[mhawker]

Good thing it's "just" an indictment

http://forums.av123.com/showpost.php?p=763886&postcount=3

In case that thread disappears:

http://www.audioholics.com/news/industry-news/av123-mark-schifter-indicted-grand-jury


I just found this today. I had no idea. I guess it's still just an indictment.

 

[Stereodude]

Yeah, you know they routinely run around making baseless indictments, so I wouldn't worry about it ProgramDirector.

 

[gonk]

I like that thread - wonder how long it will last...

 

[Mac11700]

I like that thread - wonder how long it will last...

Not too long apparently

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[gonk]

It's days were numbered once the indictment was mentioned. I was a little surprised to find it still hanging around this morning.

 

[dane]

Dayton SA240 Modification for UFW/ULW-10

Hi Dane,

Did you see this:
http://www.parts-express.com/pdf/300-804boost.pdf

Anyone with the replacement amps could take a picture for you to see the values on their amp. Since I doubt all that much time was put into the mod by AV123, I expect you'd be just fine rolling your own and I'll even give you an educated suggestion based on what I do know of the amp and the sub.

Try the chart values for 4dB of gain at 27.5Hz (6.2kR & 270kR). Then tell your friend to always set the on-board XO below 100Hz which smooths the top end a lot and should fit a +0/-6dB window to 30-25Hz depending on the low pass setting.

Just thought I'd update everyone.. Heard back about resistor values:

R35 = 4.7k
R36 = 210k

Now, the latest confusion is that AV123 told me R36 was on the amplifier board, while the datasheet (linked here) clearly states that both R35 and R36 are on the preamp board. I have not yet opened up the amp to look (it's at home in the garage)--- it may turn on to be a simple typo and there might not BE an "R36" on the amplifier board. I've asked for clarification from Kyle, and I'm going to open up the SA240 tonight and have a look myself.

I've created a thread on AV123's forum since that's probably where most UFW/ULW-10 owners will go if they have problems. I'll keep that thread updated as I gather more information. If you have any corrections or additions please let me know.

cheers,
..dane

 

[Chu Gai]

I spoke with the Boulder County Sheriff's Civil Division Department

as well as did a little online researching. These are some of the things that came to light.

Small Claims
Collecting your money can be problematic in the sense that steps need to be taken if the person doesn't pay up when you win your case.

The first thing you'll need to do is get the court to file a motion order interrogatory. This is where the court orders the business to disclose its assets. The is important for the person who won a judgment because it discloses where the money is so you can target your efforts appropriately.

Let's say the person doesn't show up for this or for that matter fails to disclose its assets. The court will then order a contempt citation to the individual. This basically ask the person why they didn't obey the last show up in court order and tell why.

If they don't appear a bench warrant will be issued for that person's arrest.

I'd guess audionut is now in the position of getting the court to go the interrogatory route.

However, after discussing various matters pertaining to undelivered product or refunds especially those that deal with business loans that were never paid back I was also informed of the following.

Just because you've filed with small claims or are pursuing other civil means for getting your money back, it doesn't mean that you've waived your right to pursue fraud charges. IOW, let's say you're suing MLS for say, $300,000 on a business loan that he never paid pack. Well, you can still pursue fraud charges and in some way that's a less expensive way for the individual. If you win, or even if it's a plea deal, the person whom the charges are brought against will still be compelled to pay restitution and failure to do so can result in incarceration. So, this is what the person suggested might be a more prudent approach if you're owed something.

Contact the Longmont Police Department and ask to speak to an officer about your particular situation. You'll be able to discuss the matter and depending upon the officer's assessment, this might be handled by Longmont or they'll get the Attorney General involved. Or they may simply state that small claims or a civil suit would be your best recourse. Phone calls are cheap though. Detective Sloan is the person who handled the police investigation on the raffles and may be a good person to start with given the general familiarity with AV451 and MLS.

There's also no reason why you shouldn't contact the BBB also. If they find the complaints are escalating, and they are, and are of substantial amounts, they'll also be inclined to contact appropriate government agencies on your behalf. Maybe they'll give them an F-- rating.

While you're thinking about this fraud aspect, check out these two statutes pertaining to fraud.

Excerpt from Section 18-5.5-102
(1) A person commits computer crime if the person knowingly:
(b) Accesses any computer, computer network, or computer system, or any part thereof for the purpose of devising or executing any scheme or artifice to defraud; or
(c) Accesses any computer, computer network, or computer system, or any part thereof to obtain, by means of false or fraudulent pretenses, representations, or promises, money; property; services; passwords or similar information through which a computer, computer network, or computer system or any part thereof may be accessed; or other thing of value;
(d) Accesses any computer, computer network, or computer system, or any part thereof to commit theft; or

Penalties can range from a Class 3 Misdemeanor to Class 3 Felony for the above.

And this one.

Colorado Consumer Protection Act: Deceptive Trade Practices – Colo. Rev. Stat. § 6-1-105
The Colorado Consumer Protection Act defines deceptive trade practices broadly, including “knowingly mak[ing] a false representation as to the characteristics, ingredients, uses, benefits, alternations, or quantities of goods, food, services, or property.” Colo. Rev. Stat. § 6-1-105(1)(e).
Last

Now, does that sound familiar or what? Remember how they would change their stock levels to indicate more product than they actually had? Or how the amps went from 350 watts to 500 watts and then back to 240 watts?

Statute of limitations on fraud is 3 years presumably from when money first changed hands. Get moving and make the phone calls.

 

[Stereodude]

In other news Parts Express has the Dayton Audio SA240 on sale for $109.00 so you UFW-10 / ULW-10 aren't up the creek just yet.

They're also selling Peerless India 1" silk domes and 6.5" woofers. I wonder if those are the X-LS drivers.

 

[thenatinator]

Is today the big day?

Someone should throw a party.

 

[thenatinator]

Well folks AV123 has finally felt the wrath of the better business bureau. Their reliability report has sunk to a new low of an F rating.

BBB Rating

Based on BBB files, this business has a BBB Rating of F on a scale from A+ to F.
Reasons for this rating include:

* 6 complaints filed against business
* Failure to respond to 2 complaints filed against business.
* 2 complaints filed against business that were not resolved.
* Government action(s) against business.
* BBB does not have sufficient background information on this business.


Customer Complaint History

When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints.

BBB processed a total of 6 complaints about this company in the last 36 months, our standard reporting period. Of the total of 6 complaints closed in 36 months, 4 were closed in the last year.
These complaints concerned :
+ 5 regarding Refund or Exchange Issues

1 - Failure to honor promised refunds, exchanges, or credit
3 - Failure to honor refund, exchange or credit policies
1 - None of the Above - Refund or Exchange Complaint Issue
+ 1 regarding Sales Practice Issues

1 - Sales presentation did not disclose key conditions of the offer

These complaints were closed as:
+ 2 No Response

2 - Company failed to respond to BBB to resolve or address the complaint issues.
+ 2 Resolved

2 - Company resolved the complaint issues. The consumer acknowledged acceptance to BBB.
+ 2 Unresolved

Government Actions

The following describes a pending government action that has been formally brought by a government agency but has not yet been resolved. We are providing a summary of the government's allegations, which have not yet been proven.

On February 26, 2010, Colorado Attorney General John Suthers announced that the Statewide Grand Jury indicted Mark L. Schifter, on suspicion that he ran multiple fraudulent charity raffles that he used to steal from Colorado consumers.

According to the five-count indictment, Schifter, president of the Longmont-based companies www.AV123.com and Perpetual Technologies, used his company's Web site to post information about 27 illegal charity raffles between October 2004 through August 2009. During that time, Schifter is suspected of taking in more than $180,000 from 707 victims as part of the raffles; only $29,500 of the money the raffles raised was devoted to charitable causes. The indictment alleges that many of the charities advertised as the benefactors of the online raffles received none of the money.

For more information, please visit: http://www.coloradoattorneygeneral.gov/press/news/2010/02/26/attorney general announces indictment longmont man involved internet charitabl


Information was from this link below.

http://www.bbb.org/denver/business-reviews/secretarial-services/av123-in-longmont-co-12049855

They should consider adding an F- rating. I hope someone starts a thread about this on a friday at 5pm cmt. Seems like they don't moderate over the weekend (not that's there is much to moderate).