Complaints Against Americana Couture-Mary Anne and Mark Chisholm

Tucson, AZ 85750

Emails: info@americanacouture.com, Legal@americanacouture.com, mark@americanacouture.com, americanacouture@aol.com
http://www.superstartees.com
http://www.fortherockstarinyou.com
http://americanacouture.com
http://www.superstartees.com
http://www.fortherockstarinyou.com
----------------

Sentencing for Maryanne Chisholm
November 23, 2005

Important Message:

Dot-com scammer gets nearly 32 years

Judge calls use of money ‘obscene orgy of spending’

Former head of Safari Media ripped off $24M from investors and used money for lavish spending.

DAVID PITTMAN
Tucson Citizen

http://www.tucsoncitizen.com/news/business/112405d1_chisholm

and

Tucson Region
$24M swindle brings 32 years

By Kim Smith
ARIZONA DAILY STAR
Tucson, Arizona | Published: 11.24.2005

http://www.azstarnet.com/metro/103960.php

IMPORTANT UPDATE, OCTOBER 22, 2005
GUILTY!
http://www.tucsoncitizen.com/index.php?page=local&story_id=102205a4_chisholm
and
http://www.dailystar.com/dailystar/dailystar/98951.php

These charges stemmed from

IMPORTANT UPDATE, SEPTEMBER 1, 2005

Fraud trial involves $24M, 1,200 investors.

http://www.tucsoncitizen.com/index.php?page=business&story_id=090105_chisholm
also
http://www.dailystar.com/dailystar/allheadlines/91316.php

Mark and Maryanne Chisholm will still face fraud charges with their new company Americana Couture.

A judge says the Tucson couple hid assets so they could 'maintain an extravagant lifestyle.....

Tucson Citizen www.tucsoncitizen.com (business section)

Complete Story:
http://www.tucsoncitizen.com/index.php?page=business&story_id=041205d1_chisholms

Also please check:
http://www.kvoa.com/global/story.asp?s=3154773&ClientType=Print
---
Note from mediator, Pat.
Our readers will remember these are the people who had Traderlist removed from the internet for two months last year by threatening me and our web hosts with lawsuits. The above sentence concerns bankruptcy fraud. The Chisholms still face federal indictments.
The complaints against Americana Couture are still being investigated, and records are being subpoenaed.

February, 2005
The Chisholms have been found guilty of Bankruptcy Fraud. Sentencing will be in March. If you are a victim of Americana Couture, we have been told you should write to the pre-sentence investigator with your story. Your information may have an effect on the sentence they receive in the other case.
Additional Information. The Chisholms have filed a motion for a new trial. Sentencing on the bankruptcy fraud has been postponed until April 11, 2005

Jane Lowry
Pima County Adult Probation
110 W. Congress
Tucson, AZ, 85701

"We are a former customer of Americana Couture. We feel we were treated improperly. We suffered significant losses as a result of the alleged illegal actions of individuals associated with that company. We are considering extensive legal action. We have been in touch with both state and federal authorities. There are multiple courses of action open to us. To help determine the most effective action, and whether or not others should be included, we are gathering information about Americana Couture’s treatment of other former customers.

This is not a gripe session nor a search for angry or unhappy customers; but it is a serious quest for specific examples of alleged wrongdoing, and/or illegal or improper acts. If you feel you have facts that can contribute to this research you are requested to respond with as much specific detail as possible to:
pedger10@charter.net and they will be passed on to the proper people.

Your response will be kept in confidence until such time as a course of action is determined. Include your contact information so that you can be kept informed of the progress on this case."

Sincerely,
Plaintiff's Research Committee
--------------------------------------------

If you have been defrauded by Americana Couture, as well as contacting the address above, you are advised to file the online FBI Consumer Report Form at www.ifccfbi.gov, and the online Federal Postal Inspection form at www.usps.gov/postalinspectors. Please be sure to put all parties names on your complaints. Lisa Keil says she is the owner of Americana Couture, and Mark and Maryanne Chisholm are the managers.

If you have been defrauded by this company or any of its employees or owners please file the following form with the Los Angeles District Attorney's Office. http://da.co.la.ca.us/pdf/CPDform.pdf

You may also call Dave at the Consumer Fraud Department in LA, 213-974-9767

 Lisa Keil is the owner of record of Americana Couture. She is listed as a victim in this case.

Americana Couture
El Segundo CA 90245
Business Started: 11/01/01
File Open Date: 10/27/03
Last Report Date: 06/11/04
Principal Contact: Lisa Keil
Phone: (520) 299-3327
Fax: (888) 467-1874
Email: info@americanacouture.com
Web Address: http://www.americanacouture.com
Bureau ID: 13200645

If you have been defrauded and file the form with the DA's office, you will also need to include the information about with whom you dealt ie: Management..MaryAnne or Mark Chisholm.

Note from Mediators:
We really appreciate the donations that some of you have made to help us with the expenses we have incurred during the investigation of this case. Thank You!!

If you have questions about the complaint,
please contact the person who filed it.

Subject: info@americanacouture.com
traders_name: Americana Couture

Comments: I ordered a t-shirt online 3 months ago from this company and have never received it. I've been told several times that the item has been posted, but have never been given tracking information, even when I've asked (many times). I've been deceived about the status of my order (one week it had been sent to me, yet two weeks later it was still waiting to be shipped), and have been offered 3 free items to the value of $150 - which seems too good to be true! (none of these items have arrived either)

I have never received any items from the store, was billed before my item was made (items are custom made), never received tracking information for my parcels (even though I was told each time that I would be sent tracking information), nor any other verifiable information that can prove that my orders have been either filled or shipped. The parcel was apparently shipped on the 15th (although I've been given two different dates!) by USPS International Express (3-5 days shipping) and I have still not received the items. Seller claims she cannot give me a tracking number until the item is received by me -- which seems to defeat the purpose of tracking!

I have complained to the BBB and received the seller's response today. The seller wants me to wait another 2 weeks for the parcel to arrive, and if it doesn't, says she will give me a refund.

After waiting for three months I have little reason to believe I will ever receive any items from Americana Couture.

Has anyone else had a bad experience with this trader? I would be very interested to know if you have.

Business Started: 11/01/01
File Open Date: 10/27/03
Last Report Date: 06/11/04
Principal Contact: Lisa Keil
Phone: (520) 299-3327
Fax: (888) 467-1874
Email: info@americanacouture.com
Web Address: http://www.americanacouture.com
Bureau ID: 13200645

Nature of Business

This company's business is selling Swarovski crystal studded T-shirts and apparel online.

Bureau File Experience

We rate this company as having an unsatisfactory business performance record based on a pattern of complaints which cause us concern.

Most complainants allege non-delivery of ordered products, despite the fact that credit cards are charged immediately after placing the order. Some complainants allege the company contacts them to report delays in order processing, while others had to initiate contact with the company themselves, only to find out the company was delayed, or they were told items were lost during shipping. A few complainants are offered a free gift shirt for their troubles, but customer's report these items are not received either. Many customers complain that refunds are not issued after canceling orders, despite numerous promises from the company.

The company responds to complaints by explaining items were lost in transit, stating items have been shipped and providing tracking information, or promising to ship items as soon as possible. The company responds to other complaints by issuing refunds. In some cases, refunds are denied to consumers who initiated a dispute with Paypal or their credit card company. The company indicates many payment reversals initiated by consumers through PayPal were not credited to the consumers account after the funds were debited from the company's account. The company explains that after the money is debited from their account, it is out of their hands and consumers must contact PayPal for further inquiries. Some customers report that although the company claims items were shipped, nothing is received.

The Federal Trade Commission's Mail Order Rule allows the seller 30 days to ship ordered products to the buyer unless otherwise specified at the time of purchase. If the seller cannot ship within the 30 day period, they are required to notify the buyer in writing of the delay, and give the option of waiting, or having their money returned within seven days. Credit card payments must be credited within one billing cycle.

I discovered through a google search that there is an adverse entry about our company, with no means with which to file a response. I am requesting this complaint be removed, as the information cited in this post is false. We do not trade, we do not sell on ebay, and it is not appropriate for our company to be listed on this Forum.

The matter in question involves an International customer who completed a chargeback, while keeping goods from our company. She has posted adverse information about us on the internet.

http://www.traderlist.com/Caution_Jan2004.html

If your company does not remove this post I require an amendment above her compaint to be listed as follows:

"Americana Couture provided goods and services via First Class International Mail from the United States to Australia in January of 2004. Tracking was not available through first class mail as this was an international shipment. The customer furthermore charged back, and received a full refund for the goods. Americana Couture never received any form of returned merchandise or payment for this order."

I ask that this be posted now, as this search on Google presents misleading information to browsers of an inaccurate story by a former customer, and is now being dessimated as an unanswered complaint. Please respond to this matter promptly to avoid further action.

Thank you,

<>Mark<>
www.americanacouture.com
mark@americanacouture.com

Subject: Americana Couture / Fraud Charges

I am writing in regard to Americana Couture and my personal experience with them. They have (2) locations. One in Arizona and one in California. Their email address is info@americanacouture.com

I ordered shirts from them in February of 2004 and never received my merchandise. I sent numerous emails and made many phone calls to them that went unanswered until I informed them that I would contact the authorities if they did not give me a refund. As it turns out, Americana Couture has approximately (16) complaints lodged against them at the BBB in California since the new year 2004. They have (13) complaints against them at the BBB in Arizona. After reviewing the report on them at the BBB website in Arizona, it was no surprise to learn of the crimes that the "Managers" were charged with. Maryanne Chisholm works for Americana Couture along with her husband Mark Chisholm. It is alleged that they are the REAL owners and have appointed Lisa Keil as the "owner on file" with the BBB so that Maryanne could retain a public defender with regard to the CURRENT FRAUD CHARGES she is facing in Arizona. It is also alleged that Lisa Keil agreed to act as "owner" so the Chisholms could avoid paying restitution they have been ORDERED by the court to pay. See link:

http://www.tucson.bbb.org/commonreport.html?compid=4001228&national=Y

I have been threatened, harassed, and they have defamed me and my company by literally creating outrageous lies. They have defamed my company by claiming I am a competitor and they have lied about my IP address claiming that I am apart of an email hoax. That is completely 100% false. I am currently filing a civil libel suit against them for the slanderous remarks they have made about me and my company. It appears that this is their way of retaliating against anyone who stands up to them and confronts them about their lies.

After doing a little digging and finding more victims, I have been in contact with numerous individuals, including merchants who have ordered merchandise, but never received it. We were all promised a free shirt or a discount; which seems to be a way for them to stall for more time. Needless to say, a lot of the offers for free shirts were never fulfilled by Americana Couture. They claim that they have been in constant contact with their complaining customers; which is also false. They defend themselves by appearing like a reputable company who has made offers of free shirts and they try to appear as though they have had constant communication with all of their unhappy customers when in reality they haven't. The truth of the matter is that many of us never received our merchandise or our free shirts. I cannot even begin to note every lie that has been told to me by Maryanne Chisholm and/or Mark Chisholm of Americana Couture because there are just too many to recite. They sent me a bogus tracking number to try to cover their butts and I have found out that this is a pattern with them. Several consumers were sent a false tracking number; which we believe served as just another stall tactic and a way to temporarily cover their alleged fraudulent behavior.

I took a long look through their website and I notified the copyright holders of the images in which Americana Couture were using without a license. They have infringed upon many copyrights and profited from several popular images in which they did not have permission to use.

In my opinion, they are a terrible business and extremely unethical. I would never do business with them again. I have been told that the quality of their merchandise is terrible. I have also been told that they give away a lot of shirts to celebrities as a means of free advertising. In my honest opinion, Maryanne Chisholm is a scam artist and although this has not yet been proven, I hope that with the many organizations who are investigating them and charging Maryanne with crimes, they will face justice for the crimes they have committed against me and allegedly others.

I am sooooooo happy to inform everyone that the BBB in California is NO LONGER endorsing AC!! It's about time!!! The BBB in Arizona stopped endorsing them long ago and we were all so disappointed to see that LA County continued to endorse them. Well, today, LA County's BBB updated their site to UNSATISFACTORY and are no longer endorsing AC. They have a nice little write up, as well!!

Please, keep spreading the word about Americana Couture. Forward this on to (5) people (anyone---they don't have to be customers) and ask them to get the word out by sending it to (5) more people!!! REMEMBER: this is not libel, defamation, slander, or harassment. WE HAVE THE RIGHT to inform the public so long as we are not breaking any laws or being dishonest about our experience. Stick to the facts, be courteous, and you will have nothing to worry about! We are merely spreading the word about our personal experience, as well as the outcome of the BBB's investigations. Do not let The Chisholms BULLY you any longer!!!!! As you all probably know, they have been extremely manipulative and have created outrageous lies about me and allegedly other customers. This appears to be a pattern with The Chisholms.

We can't let their behavior keep us from filing the proper criminal complaints with every jurisdiction that has authority over them. I realize that many of us feel that the legal system has let us down by allowing these people to continue to do business with the public, but I strongly believe that The Arizona Attorney General's Office is doing everything they can to help. I believe that The Chisholms will face justice. I want to also say that The Chisholms are very good at using legal jargon to back people into a corner, however, their threats are ILLEGAL and have NO merit or legal backing whatsoever! Their "police reports" of harassment against me have all been proven as INVALID by Detective Marsh of the Pima County Sheriff's Department (520) 741-4810, who is the investigator who took the complaint. Also, I contacted UPS' media department this afternoon to find out whether or not the claim about UPS losing $52,000 worth of AC's merchandise is in fact true. I have already had a Manager tell me that she could find no record of such a claim, but I want to get an official response from UPS as to whether there is any validity to AC's claim. I would think, a claim such as this, would make headlines news. I will be forwarding to UPS the mass email that AC sent out regarding this.

If anyone has any new information to add, please contact me.

Cheers,

Christina

Subject: info@americanacouture.com
traders_name: Americana Couture

I have been waiting 4 months to receive a refund for an order that has never been delivered. The company has had many excuses as to why it cannot fill orders, UPS problems and now they are complaining that a computer hacker has infiltrated their website and messed up 1,000's of orders. They have even put out fake press releases to that effect. Americana Couture stated, after I made a complaint to the BBB, that my order was cancelled and I would receive a refund. This has never happened. I have had to file complaints with the FTC, the BBB and the Attorney General of Arizona and soon the Attorney General of California. This is the second time I have gone through this. Last year I believed the company when it claimed that UPS was to blame, but now I know it is an internal problem.

We have received substantial information put out by the Better Business Bureau, and have read press releases regarding your company and its owners. We are in the process of putting up a bad trader page on Traderlist in your company name. Our site is an informational site, and we advise caution when we are aware that someone online may not be reputable. This is for the protection of the innocent buyers/sellers/traders. (Please note that on our site "trader" refers to anyone who deals on the internet.) We are not affiliated with eBay in any way.

If you would like to respond to any complaints on the message board, please use the "Post a Complaint" link for each response. We will post your response immediately below the original complaint. Please be aware that the complainant may also post another reply in response to your statement.

This is our official response, which we herein request be pasted with any slanderous or otherwise durogatory comments about our company online. We are seeking legal remedy for the posting of this information, for which we believe constitutes harassment.

"Americana Couture stands firmly behind our company and our product. We are not on ebay, and we are not traders. This site is being used for the purpose of furthering harassment by a small group of individuals all of whom have either charged back, been offered refunds in full, or have received services. These actions, from a small group of individuals, led to the temporary suspension of the Americana Couture BBB membership in Los Angeles. Americana Couture is now preparing litigation for all individuals involved in this harassment. If you have received a call, e-mail or other communication from one of the individuals making false or derogatory comments about our staff, company or service we would like to hear from you. We have set up a special address to handle all communications relating to this abuse of service, and will offer a reward for any individual that can provide supporting information to be used in the course of litigation that involves the parties responsible. Please contact stopabuse@americanacouture.com with your questions and comments."

Subject: info@americanacouture.com
traders_name: Americana Couture

In February of 2004 I ordered 3 shirts from this company. At the time of purchase I was told processing would take "10-12 business days." A month went by and I never received my merchandise, nor had I heard anything from the company regarding my purchases. I contacted the company on 03/11/04, and at that time I was told that a "rush" would be put on my order. Two months passed, during which time I received excuse after endless excuse as to why I still had not yet received my purchases..."we had an order system computer glitch;" "the package was lost by the shipping company;" (I've heard that particular excuse three separate times.) "there was an internet free t-shirt scam;" I filed a complaint against the company with the LA BBB at the beginning of May. On May 12, 2004, Americana Couture gave me a bogus USPS "tracking number." I then requested a refund of the $95.98 I had paid them in February. Americana Couture assured the LA BBB that I would receive my refund in 30 days. Thirty days have come and gone, and I still don't have my refund. Customers who rightfully and legally try to obtain a refund are threatened with "harassment." Americana Couture is now trying to assert that the numerous complaints against their company have been orchestrated by a "disgruntled customer/competitor," which is totally ridiculous. I can't speak for the validity of anyone else's complaint, but, I KNOW for a FACT that they stole MY money. Whether they have ripped off one person or one thousand...it's still FRAUD no matter how you slice it.

Subject: Legal@AmericanaCouture.com
traders_name: AmericanaCouture.com

Enough of the litigation threats! Enough of the propaganda! I placed an order for $159. for products from Americana Couture in January. It is now July 1, and I am still waiting for a refund or merchandise. Mark finds every excuse to email me, but will never respond with a date of delivery of my refund when I email him. I have been threatened with legal jargin from him, cease and desist orders as if I am the criminal. I want my refund, that is all I am requesting. There is no "group" of individuals who have conspired to " ruin the good name" of Americana Couture, it is American Couture, alone, who have done this! In regard to your offer for a reward, I would like to step up and be your witness, without a reward to get the person who has done such injustice to you. You will find those persons sitting in the "managerial seat" within your own business.

Melita White
Michelle Blanchard
Christie Wetzel

I also ask that you remove the post you placed as well. (*Note from Pat: I had advised all victims to file the online fraud forms.)

This is a violation of the injunction. Please remove all posts. If you do not I need the name and contact information of your personal attorney and the attorney and contact information of www.traderlist.com.

Thank YOU
<>mark<>
www.americanacouture.com

traders_name: Americana Couture

Pardon me while I laugh myself silly over the ridiculous post by Americana Couture. First of all, harassment lawsuits never go anywhere, are impossible to prove and are usually without merit. IF AC did, in fact, fail to respond to clients in a reasonable amount of time for refunds, then they deserve all the complaints filed against them. I looked at their site and in my opinion, it's so full of fluff and puff, nowhere do I read great customer service reviews. So, to all of you who complained, don't let the legalese scare you. The bottom line to the question is...did you receive good customer service, was your refund processed in a timely manner, did you receive your goods on time..and when the answer to all these are NO - they have no legal basis for any such suit. This is a clear case of "ONLY THE GUILTY GET DEFENSIVE!".
-------
Response from Americana Couture

Date: Friday, July 2, 2004
Time: 8:10 PM EST
Submitted by: Mark Chisholm
Email address: mark@americanacouture.com
Remote Addr: 69.137.179.161

Subject: lvelegante@yahoo.com
traders_name: Mindy R

Comments: I read your post on traderlist.com and I cannot find you as a client at Americana Couture.

Pardon me while I laugh myself silly over the ridiculous post by Americana Couture. First of all, harassment lawsuits never go anywhere, are impossible to prove and are usually without merit.

This one will go somewhere we have two injunctions agains this kind of harrassment.

IF AC did, in fact, fail to respond to clients in a reasonable amount of time for refunds, then they deserve all the complaints filed against them.

We have communicate with clients and done all we can to communicate with our clients which you are not one of based on your email address. If I am mistaken please give me your last name or the zip code of where you live and I will locate you on our site.

I looked at their site and in my opinion, it's so full of fluff and puff, nowhere do I read great customer service reviews.

We do the best we can and have a lot of testimonials on our site. We also have a lot of satisfied customers and friends.

So, to all of you who complained, don't let the legalese scare you. The bottom line to the question is...did you receive good customer service, was your refund processed in a timely manner, did you receive your goods on time..and when the answer to all these are NO - they have no legal basis for any such suit. This is a clear case of "ONLY THE GUILTY GET DEFENSIVE!".

I disagree the tenacious people who are fighting to keep their head above water in a difficult time do as well.

Thank YOU
<>mark<>
www.americanacouture.com

Date: Friday, July 2, 2004
Time: 7:43 PM EST
Submitted by: Alan Henderson
Email address: alanhenderson523@hotmail.com
Remote Addr: 192.160.130.11

Subject: americanacouture.com
traders_name: Americana Couture

Comments: Isn't it interesting whenever a company or individual, such as Americana Couture, screws up orders they immediately threaten lawsuits. If they had that kind of money available for lawsuits, they could use it to hire decent managers and run the company successfully. Actually, if you believe that they would actually pay the exorbitant legal fees to go into court, then you should encourage them to do so. Finally, all of us disatisfied customers can be flown in from all around the country to testify as to what poor business people they are at Americana Couture.

While we are on that subject, I have been in touch with Swarovski Crystals and they tell me that American Couture has no right to advertise that they are selling Swarovski Crystals. They are asking, as per my request, their legal department to look into this apparent violation of trademark law. I guess we'll see Americana Couture in court after all!!
--------
Response:

Date: Friday, July 2, 2004
Time: 10:20 PM EST
Submitted by: Mark Chisholm
Email address: mark@americanacouture.com
Remote Addr: 69.137.179.161

Subject: alanhenderson523@hotmail.com
traders_name: Alan Henderson

Comments: THEY ARE COMING OUT OF THE WOODWORK NOW.

THIS PERSON IS ALSO NOT A CLIENT OF AMERICANA COUTURE.

I HAVE SPOKEN EXTENSIVELY WITH SWAROVSKI IN THE PAST AND WE ARE ENTITLED TO STATE ITEMS ENCRUSTED WITH SWAROVSKI CRYSTALS...THAT IS WHAT THEY ARE..WE HAVE COMPLIED 100% WITH REQUESTS AND SUCH BY SWAROVSKI IN THE PAST AND WE ARE IN COMPLIANCE.

Subject: AmericanaCouture.com
traders_name: Mark

Comments: As you've read below, I was 100% correct in my assessment of the Americana Couture debacle. Mark's response to me sounds like words of a desperate man as he desperately tries to find me in his data base to include me in some frivolous, non-existent lawsuit threat. Apparently he doesn't understand the word customer service, nor does he care. How lucky I am NOT to have purchased anything from their site. Some e-tailers absolutely refuse to take responsibility for their actions, he sounds like one of them. For those of you who haven't received your refunds, file your complaints with the IFCC/FBI for internet fraud; dispute the charges with your credit card company and don't bother trying to contact Americana Couture. It's apparent they'd rather argue then repair the problem. In my opinion, which Mark doesn't think I should have, AC needs to come down to reality, lose their swelled heads, realize they are NOT that great, and become a customer service oriented company or get out of the business. I found a website already dedicated to AC's bad attitude and service. And NO, Mark, I won't give you the link. Find it yourself!

Subject: info@americanacouture.com
traders_name: Americana Couture

Comments: My boyfriend, who has been a civil rights attorney in Manhattan for well over 25 years, has this to say about Mark's supposed "injunction(s)":

"The way to get an injunction is to go to court and seek one. The person you want to enjoin has to be served with your papers seeking the injunction, and if an injunction is issued has to be served with the order issuing the injunction. This guy, as usual, is full of (deleted)"

So, where are these injunction orders? There aren't any. In court, it is the plaintiff...not the defendant...who has to prove their case. You stomp around the internet threatening lawsuits against people who HAVE THE LEGAL RIGHT TO COMPLAIN when they have been defrauded. I say this to you...BRING IT. I will hang you out to dry, mister. That's a promise.

For all the rest of the sane people...don't let Mark's dimestore lawyer act scare you...it's all bluff. He has no legal footing whatsoever. I have been assured of this.

I have a really crazy revolutionary idea...instead of threatening phony lawsuits and offering "rewards,"...why don't you just REFUND THE MONEY that you stole? Your house of cards is coming down.

Date: Monday, July 5, 2004
Time: 3:41 PM EST
Submitted by: Michelle Blanchard
Email address: alexa6242@juno.com
Remote Addr: 4.243.122.128

Subject: info@Americanacouture.com
traders_name: Mark and Maryanne Chisholm

Comments: Americana Couture has recently sent me another fake shipping and tracking number. They have attached someone elses shipping number from 2/22/04 to my order record and e-mailed it to me as if it is a recent order. This number belongs to someone in another city in California. It is the same number they gave the Better Business Bureau and claimed was mine. For the last 3 months my order record has stated that it was cancelled. Now, it has a USPS tracking number that was never attached to my record before. I have multiple copies of my order record before it had been tampered with. I have sent a copy of the undoctored order record to the LA District Attorney. Now I will send a copy of the forged record as well. Beware of Americana Couture. I had wondered when they would get wise to the fact that their own records and e-mails and updates would totally prove their guilt. Now it seems as if they are trying to cover their paper trail. Make copies of all correspondence with AC.
-------
Response:

Date: Wednesday, June 16, 2004
Time: 10:45 AM EST
Submitted by: Michelle Blanchard
Email address: alexa6242@juno.com
Remote Addr: 209.233.191.36

LETS BE CLEAR I STATED IN THE COMPLAINT THAT THE FOLLOWING

"I SHOW THAT THIS ITEM WAS SHIPPED ON 2/23/04 AND THE ZIP CODE WAS INCORRECT FROM WHAT I CAN SEE SO YOU DID NOT GET THIS ORDER AND WE DID NOT GET IT BACK EITHER."

I SAID YOU DID NOT GET THE PACKAGE EITHER. I AM NOT ARGUING WITH THAT FACT I WAS JUST SHOWING WE SENT A PACKAGE AND THE ZIP CODE WAS OFF BY THE LAST TWO NUMBERS..THEY WERE REVERSED.

BUT MICHELLE...WHAT ABOUT THE REVERSAL AND THE LETTER ASKING WHERE YOUR PRODUCT WAS AFTER YOU ALREADY RECEIVED YOUR REVERSAL FROM PAYPAL. ANSWER THAT...I AM GLAD I KEEP ALLYOUR EMAILS AS WELL!

YOU RECEIVED A REVERSAL ON 5/3/04 FROM PAYPAL PLEASE READ BELOW.

From: service@paypal.com
To: info@americanacouture.com
subject: Notification of Reversed Transaction

> ----- Original Message -----
> From: <service@paypal.com>
> To: <info@americanacouture.com>
> Sent: Monday, May 03, 2004 1:19 PM
> Subject: Notification of Reversed Transaction

> Dear Americana Couture,

> We have conducted a review of a particular payment you have received. In this instance returning the funds to the sender was determined to be the appropriate action, and we have completed a reversal of the payment.

The funds from the following transaction have been debited from your account:

> Transaction Date: Saturday, February 14, 2004 12:32 PM
> Transaction Amount: $85.72 USD
> Buyer's Email: lexa62@msn.com

> If you have questions regarding this reversed transaction, please contact us using the link below:

https://www.paypal.com/us/wf/f=ap_hist

We appreciate your patience during our investigation.

> Sincerely,

> PayPal Account Review Department

YOU ALSO WERE ASKING ABOUT WHERE YOUR ORDER WAS ON 6/2/04 WHEN YOU ALREADY HAD RECEIVED YOUR REVERSAL THROUGH PAYPAL. WHY? PLEASE READ BELOW...

From: "michelle blanchard" <lexa62@msn.com>
To: info@americanacouture.com
Subject: Re: Order 8458
Date: Wed, 02 Jun 2004 09:11:04 -0700

----- Original Message -----

From: "michelle blanchard" <lexa62@msn.com>
To: <info@americanacouture.com>
Sent: Wednesday, June 02, 2004 9:11 AM
Subject: Re: Order 8458

> Maryanne, I am quite terrified at the prospect of having you send me the merchandise I ordered from you nearly 4 months ago, as I have no confidence that the items would ever arrive and am afraid that I would have to start the constant emailing over and over again and on and on, ad infinitum. If you would like to send me the merchandise, please do so, but I need a real tracking # that applies to my order, in order to feel secure that you are actually sending me the merchandise I paid for. Instead of sending me the free 50.00 t-shirt, maybe you could send my order overnight or something (I actually overpaid the order in the first place as the price you finally gave me had free shipping, but I paid with Paypal before you invoiced me and the shipping charges were still on the bill) That would be great and then I could notify the BBB that you really did make good on your offer to complete this order and give good customer service. Thank you Maryanne for getting back to me.

> Michelle Blanchard

IF WE WERE NOT HAVING PROBLEMS LIKE WE WERE WE WOULD HAVE SENT THIS ORDER OUT AGAIN AND YOU WOULD HAVE CHARGED BACK AND NOT PAID A DIME FOR THIS ORDER...

THINGS LIKE THIS ARE A BIG READON FOR OUR PROBLEMS AT THIS TIME.

THANK YOU
<>MARK<>

Subject: info@americanacouture.com
traders_name: Mark Chisolm

Comments: Mark is wrong again. I have never, ever, I repeat, never, ever reversed ANY payments from Paypal! The statute of limitations had run out do to the stalling tactics Mark and Maryanne emloyed. there is a month limit on Paypal claims. As Maryanne was telling me that it would take a month for me to receive my order, they completely made it impossible to recooup losses incurred by ordering from Americana Couture. it impossible for me to file a claim with Paypal. I of course have my Paypal record to prove it. Again this tracking number was not attached to my record until yesterday. If my package had been misdelivered, it still would have been attached to my record in the whole 5 months that I have been waiting for my items.

-------
More information from alexa6242@juno.com

Date: Wednesday, July 7, 2004
Time: 1:00 PM EST
Submitted by: Michelle Blanchard
Email address: alexa6242@juno.com
Remote Addr: 209.233.191.36

Subject: info@americanacouture.com
traders_name: Mark Chislom

Comments: I can't beleive this. The Paypal receipt that Mark posted on this website is also a forgery. He states my Paypal account is under this email account, that I am using for this correspondence. My Paypal account is under a different e-mail address entirely, there is no record of any charge backs ever. It is clear he is making false Paypal documents as well as adding fake USPS tracking numbers to peoples' accounts. I will be filing a Police report with my local police Dept.

Date: Wednesday, July 7, 2004
Time: 5:31 PM EST
Submitted by: Michelle Blanchard
Email address: alexa6242@msn.com
Remote Addr: 209.233.191.36

Subject: mark@americanacouture.com
traders_name: Mark Chisholm

This is my last post, I swear. I have just spoken with the fraud dept. of Paypal. They informed me that Americana Couture has made no effort to refund my money and that the last transaction was a payment to Americana Couture on 2/14/04. I was told, although I had believed that the statute of limitations had run out on Paypal claims, I should still file a claim anyway, because of the fraudulent activities of Americana Couture and that Paypal would like to be aware of the on-going struggle we are having with this company. So, if anyone has not filed a claim with Paypal, please do so.
------------
Response From Americana Couture:

Date: Wednesday, July 7, 2004
Time: 7:10 PM EST
Submitted by: Mark Chisholm
Email address: mark@americanacouture.com
Remote Addr: 69.137.179.161

Subject: Michelle Blanchard
traders_name: Michlle Blanchard

Comments: IN RESPONSE TO THE FOLLOWING:

Date: Wednesday, July 7, 2004
Time: 1:00 PM EST
Submitted by: Michelle Blanchard
Email address: alexa6242@juno.com
Remote Addr: 209.233.191.36

THIS IS NOT A FORGERY AT ALL...THIS IS THE INFORMAITON WE HAVE TO SHOW AND THIS IS ALL WE HAVE RECEIVED TO SHOW FUNDS WERE TAKEN OUT OF OUR ACCOUNT WITH PAYPAL ALONG WITH THE CHANGE IN OUR BALANCE.

PLEASE GET THE INFORMATION FROM PAYPAL THAT SAYS THIS IS A FORGERY IN WRITING ALONG WITH A PERSON AT PAYPAL AND THEIR PHONE NUMBER.

IF THIS IS A MISTAKE ON THE PART OF PAYPAL WE ARE MORE THAN HAPPY TO HELP BECAUSE THE FUNDS ARE OUT OF OUR ACCOUNT AS WELL. THIS IS OUR RECEIPT OF WHY THE FUNDS WERE TAKEN AND WHO WAS REFUNDED OR REVERSED.

YOU RECEIVED A REVERSAL ON 5/3/04 FROM PAYPAL PLEASE READ BELOW.

Date: Mon, 03 May 2004 18:19:08 -0700
From: service@paypal.com
To: info@americanacouture.com
subject: Notification of Reversed Transaction

> ----- Original Message -----
> From: <service@paypal.com>
> To: <info@americanacouture.com>
> Sent: Monday, May 03, 2004 1:19 PM
> Subject: Notification of Reversed Transaction

> Dear Americana Couture,

> We have conducted a review of a particular payment you have received. In this instance returning the funds to the sender was determined to be the appropriate action, and we have completed a reversal of the payment. The funds from the following transaction have been debited from your account:

Transaction Date: Saturday, February 14, 2004 12:32 PM

Transaction Amount: $85.72 USD

> Buyer's Email: lexa62@msn.com

> If you have questions regarding this reversed transaction, please contact us using the link below:

> https://www.paypal.com/us/wf/f=ap_hist
> We appreciate your patience during our investigation.
> Sincerely,

> PayPal Account Review Department

Subject: mark@americanacouture.com
traders_name: Mark Chisholm

Comments: I just wanted to say that I have received a refund from Mark Chisholm @ Americana Couture. I received it on July 25, 2004, along with a strange apology from Paypal. It is VERY possible that Mark Chisholm was correct in the assumption that Paypal was removing funds from American Couture's account and not crediting it to customers accounts. All I know is that this past 6 months have been hell and I am very relieved to have everything resolved to my total satisfaction.
----------
Response:
Date: Thursday, July 29, 2004
Time: 6:56 PM EST
Submitted by: mark chisholm
Email address: mark@americanacouture.com
Remote Addr: 69.137.179.161

Subject: lexa62@msn.com
traders_name: michelle blanchard

THANK YOU MICHELLE AND ALSO FOR SHOWING THAT THIS WAS PAYPAL FAULT AND I REFUNDED YOU A LONG TIME AGO AND THAT PAYPAL JUST DISCOVERED THEIR MISTAKE.

Response:

Date: Wednesday, July 28, 2004
Time: 8:34 PM EST
Submitted by: MARK CHISHOLM
Email address: MARK@AMERICANACOUTURE.COM
Remote Addr: 69.137.179.161

Subject: PEDGER10@WIRURAL.NET
traders_name: PAT EDGERTON

Comments: Note from Mediator, Pat.

Traderlist's Webmaster, Traderlist's Host, and I have been threatened with an injunction by Mark Chisholm of Americana Couture. Mark Chisholm is seeking to have his bad trader page and all information about his transactions removed from the Internet. If the injunction is properly signed and served, and if our attorneys agree that past information needs to be taken down, we will remove the information, but as yet we have received no injunctions. We have received information that one injunction against one of Ameicana Couture's alleged victims has been quashed by a judge in California. We will certainly contact the proper authorities if we receive any such injunctions to have the injunctions quashed.

--This person's Bad Trader Page--
http://www.traderlist.com/AmericanaCouture.html

WE DO NOW HAVE AN INJUNCTION AGAINST HARRASSMENT FROM CITY COURT WITH PAT EDGERTONS NAME ON IT ALONG WITH TRADERLIST AND SHE IS REFUSING TO TAKE DOWN THIS UNVERIFIED INFORMATION OF THE SITE INCLUDING THE BAD TRADER PAGE.
----------
Note from Mediator Pat and Traderlist:

We have not been served with any injunction as of today, July 28, 2004. If and when we are  properly served with an injunction, our attorneys will handle this matter.
--------
Response:

Date: Wednesday, July 28, 2004
Time: 10:21 PM EST
Submitted by: MARK CHISHOLM
Email address: MARK@AMERICANACOUTURE.COM
Remote Addr: 69.137.179.161

Subject: PEDGER10@WIRURAL.NET
traders_name: PAT EDGERTON

Comments: Note from Mediator Pat and Traderlist:

We have not been served with any injunction as of today, July 28, 2004. If and when we are served with an injunction, our attorneys will handle this matter.

I WAS WONDERING WHERE I SHOULD SERVE THIS INJUNCTION AT THIS TIME IT IS GOING TO YOUR HOME PAT.

SHOULD I ALSO SERVE IT ON TRADERLIST/ CINDY BUNGARD (private information deleted).

ALONG WITH YOUR HOST CHAD SIMPER AT DIDS AT THE FOLLOWING ADDRESS.

Dynamic Internet Solutions (private information deleted)

PLEASE LET ME KNOW AND I WILL SEND A CERTIFIED LETTER WHICH IS PROPER SERVICE.
---------
Traderlist and our host have repeatedly requested Mr. Chisholm's attorneys name, address, and phone number. For some reason, Mr. Chisholm chooses not to share this information

-------

Response:

THERE IS NO ATTORNEY NEEDED AT THIS TIME FOR THIS MATTER SINCE WE HAVE AN INJUNCTION OF HARRASSMENT AGAINST PAT EDGERTON AND TRADERLIST. THIS INJUNCTION IS SIGNED BY A JUDGE. WE DO HAVE AN ATTORNEY IN ANOTHER MATTER THAT MAY BE CONTACTING PAT EDGERTON.
---------
July 30, 2004
No injunction has been served. When and if it is, we will address the issue through our attorneys and also the Tucson Court System, and the Arizona Assistant Attorney General, John Evans.  It is our understanding that if an injuction is properly served to our company, it is possible, depending on the stipulations of the injunction, that only future information will not be posted, and what has already been posted will remain. Since this is a civil matter, we will pursue all our options.

Comments: I must say the time and money AC is wasting certainly shows that they have no business and nothing else to do with their time. For if they were busy, no one would have time for pursuing such frivolity. I think the posts by AC speak volumes about them personally and professionally. Get a clue, Mark - grow up and pretend you're a respectable businessman. Maybe with a little practice, you'll become one, instead of a whiny, pathetic irresponsible business owner who got caught with his pants down publicly! And the guilty just seem to get more defensive, don't they!

traders_name: Americana Couture

Comments: On June 4, 2004, Mark Chisholm of Americana Couture assured the Better Business Bureau that I would receive my requested refund of $95.98 "in 30 days in accordance with our site guidelines for a refund." On July 4, 2004, Mark Chisholm claimed in this forum that he intended to give me my refund "with interest." <<eyeroll>> I have yet to receive that refund. Americana Couture has now had my money for nearly SIX MONTHS and they have absolutely ignored my repeated requests for a refund. Americana Couture claims to "value their customers." BAHAHAHA Which customers are those? The celebrities who get your rags for free, or the paying folk who you shamelessly rip off. I want my money that you stole, and I'm not going away until I get it.

Subject: ceceamour@aol.com
traders_name: Cherie Williams

WE ARE DOING ALL WE CAN TO MAKE OUR CLIENTS HAPPY AND MAKE REFUNDS IN AS TIMELY MANNER AS WE CAN. CHERIE HAS THREATENED US AND HARRASSED UN AND WE HAVE AN INJUNCTION AGAINST HER THIRD PARTY HARRASSMENT THAT SHE CONTINUES TO IGNORE.

I WILL DO THE BEST I CAN TO REFUND THIS CLIENT AS SOON AS I CAN WITH INTEREST.

I HAVE ALSO ASKED NUMEROUS TIMES FOR HER ATTORNEYS NAME WHICH SHE THREATENED ME WITH. STILL NO NAME.

THANK YOU
===========
Response:

Date: Monday, August 2, 2004
Time: 5:25 PM EST
Submitted by: Cherie Williams
Email address: ceceamour@aol.com
Remote Addr: 64.12.116.78

Subject: mark@americanacouture.com
traders_name: Americana Couture

Comments: First of all, I asked for a refund more than two months ago. The Federal Trade Commission's Mail Order Rule states a refund is to be given in seven days or within one credit card billing cycle. Obviously, you have disregarded their rules, because afterall, the rules just don't apply to YOU, right? You say you "are doing all you can to make your clients happy and to make refunds in a timely manner." Are you serious? I AM NOT HAPPY, and waiting for more than two months for my refund IS NOT IN A TIMELY MANNER. Exactly WHEN do you plan on returning the money that you STOLE from me, Mark? When? I'd like to know.

Secondly, the only "threat" I have ever made to you was the fact that I intend to sue your thieving butt in small claims court, which is absolutely within my right as a consumer who has been RIPPED OFF. As far as this supposed "injunction"...you, sir, are a liar...but, we already knew that. I have never been served with any injunction. And in order for it to be in effect in relation to me, I would had to have been served. You want to shut me up? That's really easy to do. GIVE ME MY REFUND AND YOU WON'T HEAR ANOTHER WORD FROM ME. Until then, I'm not going to be quiet.

I am under no obligation to provide you with the name of my attorney. Whether you have my attorney's name or not has absolutely nothing to do with getting my refund. Tell you what...YOU give me YOUR attorney's name and contact information, and I'll be happy to pass that onto my lawyer. Would that be the Pima County Public Defender? Oh wait, that is your OTHER fraud case. Hard to keep them all straight. My bad.

--This person's Bad Trader Page--
http://www.traderlist.com/AmericanaCouture.html
===============
Response:

Time: 9:51 AM EST
Submitted by: Mark Chisholm
Email address: Mark@americanacouture.com
Remote Addr: 69.137.179.161

Subject: ceceamour@aol.com
traders_name: Cherie Williams

Comments: CHERIE: YOU DO HAVE YOUR RIGHT BUT EVERYTIME YOU RESPOND OR EMAIL ME YOU CROSS THE LINE WITH WORDS LIKE "LIARS" "THIEVES" AND OTHERS. IT GETS OLD....I AM DOING EVERYTHING I CAN AND WILL REFUND YOU!

I AM THE ONE HANDLING THIS SO JUST SUBMIT THIS INFORMATION TO YOUR ATTORNEY AND IF THEY NEED ANY OTHER INFORMATION YOU KNOW HOW TO CONTACT ME CHERIE.

BELIEVE ME..I WANT TO REFUND YOU AS SOON AS POSSIBLE.

THANK YOU

MARK
======
Response:

Date: Tuesday, August 3, 2004
Time: 8:57 PM EST
Submitted by: Cherie Williams
Email address: ceceamour@aol.com
Remote Addr: 152.163.252.193

Subject: mark@americanacouture.com
traders_name: Americana Couture

Comments:

thief:one that steals especially stealthily or secretly; also: one who commits THEFT or LARCENY.

liar:one that tells lies.

If the shoe fits; wear it, Cinderella. You have had my money since the beginning of February. You never provided the merchandise that I paid for, and, despite numerous requests, you will not return the money I sent you. That's theft. You lied to me repeatedly concerning the status of my order. You gave me a fake tracking number in May. You told the BBB I would have my refund in thirty days. That was two months ago. You're a liar. I have not e-mailed you since June 28, 2004...and, as a matter of fact, I had to block YOU from e-mailing ME. You say "you want to refund me as soon as possible." Are you telling me that in the last two months the "world's leading swarovski design house" hasn't had $95.98?? I find that extremely hard to believe. You said in your post, for all to see, "I AM DOING EVERYTHING I CAN AND WILL REFUND YOU!" I'll hold you to that.

Subject: ceceamour@aol.com
traders_name: Cherie Williams

Comments: PLEASE POST THIS IS THE 3RD TIME I HAVE SENT THIS POST IN THE LAST DAY IN A HALF!

DEAR CHERIE: IN ANSWER YOU YOUR QUESTION... ." Are you telling me that in the last two months the "world's leading swarovski design house" hasn't had $95.98?? I find that extremely hard to believe. WE HAVE NOT HAD ANY EXTRA FUNDS AND STILL HAVE HAD TO PURCHASE PRODUCT. SO IN ANSWER TO YOUR QUESTION NO...WE HAVE NOT HAD EXTRA FUNDS OR I WOULD GLADLY HAVE REFUNDED YOU IN FULL! I am sorry for the delay in processing your refund. The normal processing time for a refund is 30 days. If your refund has taken longer than 30 days please contact your credit card company and request a refund for the charge on your credit card for your order. We are doing the best we can with your personal refund but feel it may be easier for you to dispute the charge with your bank. I am sorry for the time it has taken to refund your credit card. We have learned that we must credit the credit card you used for your order. In rare cases we will be sending a check but this option will take a lot longer than crediting a credit card. I wanted to let you know this. YOU MAY STATE WHY IS AMERICAN COUTURE ASKING ME TO REQUEST A REFUND WITH MY ORIGIONAL CREDIT CARD... WELL HERE IS MY RESPONSE... I do not know if you know how tough this whole identitity theft situation and the cyberstalking situation have been together. We do not know what funds we will have in our merchant account from one day to another and to make sure you receive your refund it would just be a lot easier for your bank to initiate the refund to our merchant bank. The funds when they enter our merchant account must be used to purchase products and such to run the business so funds fly out of there and we want to make sure your refund will not suffer. Thank YOU and again I am sorry for the confusion and delay.
<>Mark<> www.americanacouture.com mark@americanacouture.com
--------
Note from Mediator, Pat:

The message above from Americana Couture is directed at an email from ceceamour@aol.com below. Mr. Chisholm, as you are aware this is a volunteer, Good Samaritan website. The webmaster and mediators have families which of course come first in our lives. As I have told you in the past, my parents are ill, and I am frequently out of town without email access. Trudy and I have both had recent deaths in our families, as well. The fact that you sent your message three times in a day and a half as you stated is considered harassment by us since you know our situations. Our regular visitors know that we will post messages as quickly as possible and we appreciate their patience.

P.S. After posting this, I received a fourth request from Mr. Chisholm. Perhaps his refreshing the page would help.

Date: Friday, August 6, 2004
Time: 2:50 AM EST
Submitted by: Lisa
Email address: info@nutzaboutbeanz.com
Remote Addr: 195.93.32.14

Comments: This is not a complaint merely an observation from a regular traderlist reader.

I am shocked to see a company saying initiate a refund through your credit card company. Granted I am only used to UK legal policies but if someone is not happy you refund them. I understand that funds are an issue here but surely there should be a facility for refunding your customers. I run an online store as well as a walk in store here in the UK and I would NEVER keep a customer waiting for a refund. Yes there is the 30 day window to make the refund but it looks better on your customer services to refund straight away. I am a beanie store owner and as we all know sales of beanies are down right now so running my shop is hard but I don't want my customers to know times are hard so any refunds are made instantly then I have to juggle money around to make it stretch to where it has to. I run my business on my own, from working in the store to processing emails, to packing parcels and then walking to the post office.

As an observation for you if things are hard then let staff go, your customers are your main priority as without them there is no income.

I have looked at your site and read you customers testimonials regarding your product and where I agree they do look lovely BUT if they had a problem and asked for a refund would you ask them to wait so long and would they be fine about it. I very much doubt it.

Lisa
an observer is the sorry mess

Subject: americana couture
traders_name: mark chisholm

Comments: I note with great interest that Americana Couture has ceased retail sales on their website as of July 4, 2004, going strictly 'wholesale'. Mark Chisholm suggesting to a customer to dispute a charge rather than him processing a refund tells me that perhaps bankruptcy is right around the corner for Americana Couture. Then, instead of processing refunds, they can merely add all disputed charges as part of their bankruptcy. How clever! PLUS when disputing a charge, the merchant not only is charged the amount of purchase BUT a chargeback fee. Sounds pretty fishy to me. What a pity, he can't just respond like a reputable business and process a simple refund. I think he's just stalling for time by whining on this website. It's time the L.A. news media was made aware of all this. KNBC Channel 4 News in Burbank has consumer troubleshooters who would be most interested in this one. I'll guarantee you Mr. Chisholm doesn't want this made public. How sad that with Americana Couture, the consumer isn't always right!

Subject: Traderlist
traders_name: Traderlist

Comments: A suggestion: Before you change your name from traderlist to Markchisholm's personal message board, you might want to give serious consideration to the messages you post to the traderlist. The last, lengthy email from Mark regarding a refund would have been better served if he simply emailed the person directly. Then, if she gets her refund she could post that information to the traderlist. A little "weeding out" might be in order -- just as they do in the letters to the editor that you compare traderlist to.
--------

Response from Mediator, Pat

We agree with the poster above (Alan Henderson) and in the future all postings concerning or from Mr. Chisholm will be posted on his bad trader page at www.traderlist.com/AmericanaCouture.html instead of the message board. The exception will be new complaints from new victims, and responses to these new complaints from Mr. Chisholm.

Comments: IN RESPONSE TO YOUR COMMENTS...WE HAVE HAD A NUMBERS OF CLIENTS WHO HAVE CLAIMED THEY HAVE NOT HAD REFUNDS...FOR EXAMPLE MICHELLE BLANCHARD ON THIS VERY BOARD...OUR MERCHANT BANK HAS SAID WE MUST CREDIT THE ORIGIONAL CARD. WE OCCASIONALLY GET RESPONSES THAT CLAIM THEY DID NOT GET THIER REFUND ONLY TO FIND OUT LATER THAT THEY DID. IN THESE CASES WE HAVE REFUNDED TWICE AND HAVE UNABLE TO RECOVER FUNDS. HAVING A CLIENT VERIFY A CREDIT IS THE FASTEST WAY FOR THEM TO RECOVER THE FUNDS THEY CLAIM ARE DUE AND IF A CHARGEBACK COMES WE PROVIDE DOCUMENTATION TO SHOW A CREDIT HAS BEEN PREVIOUSLY ISSUED. THE POSTS ON THIS BOARD OFTEN DRIVE PEOPLE TO MISLEADING CONCLUSION. MICHELLE BLANCHARD ADMITED THAT SHE RECEIVED A STRANGE EMAIL FROM PAYAL AND THAT IT WAS VERY POSSIBLE AND PROBABLE THAT WE HAD IN FACT CREDITED HER IN THE PAST. THIS IS JUST ONE EXAMPLE OF A DISTURBING TREND. NO COMPANY SHOULD BE REFUNDING TWICE. THIS BOARD DOES NOT VERIFY THE CLAIMS MADE AND STAND BEHIND THE FACT THAT THEY ARE A GOOD SAMARITAN BOARD WHICH IS A VIOLATION OF THE GOOD SAMARITAN DOCTRINE BECAUSE THEIR ACTIONS ARE UNRESONABLE TO HELP OTHERS WHEN THEY DO NOT VERIFY STATEMENTS OR CLAIMS AND JUST POST THEM AS FACT.

I STATE AGAIN THAT PAT EDGERTON HAS BEEN SERVED AN INJUNCTION AGAINST HARRASSMENT AND IS NOT SUPPOSED TO BE POSTING ANY FURTHER INFORMATION ABOUT OUR COMPANY OR US PERSONALLY AS OF AUGUST 2004. WHY IS SHE STILL POSTING?

Message from Mediator, Pat:

As I have stated in the past, NO INJUNCTION has been served to me as of today, August 7, 2004. When (and if ) I am served by a Process Server, I will abide by the exact terms of the injunction until I have it quashed by a judge.

Date: Saturday, August 7, 2004
Time: 10:56 AM EST
Submitted by: mindy r
Email address: lvelegante@yahoo.com
Remote Addr: 68.227.43.66

traders_name: mark chisholm

Comments: I agree with Alan - just post to the page of AC. This is my final entry, the horse is dead, Mark! Your last response, although wordy, says absolutely nothing. I hit the nail right on the head and I won't be surprised when your company goes belly up! I encourage all victims of Americana Couture to contact KNBC News Channel 4 in Burbank, CA with your consumer complaints.  (http://www.nbc4.tv/index.html). I guarantee they will listen, take action and get the matter resolved for you AND let the public know that Americana Couture is just one more e-tailer to avoid. I still say, what a pity AC chose to 'act out' instead of just refunding their customers without all the rhetoric and BS!

Another Response to Alan Henderson's Post above:

Date: Monday, August 9, 2004
Time: 11:10 AM EST
Submitted by: mark chisholm
Email address: mark@americanacouture.om
Remote Addr: 69.137.179.161

Subject: alanhenderson523@hotmail.com (Posting above)

Comments: THIS IS JUST ONE EXAMPLE OF A DISTURBING TREND. NO COMPANY SHOULD BE REFUNDING TWICE. THIS BOARD DOES NOT VERIFY THE CLAIMS MADE AND STAND BEHIND THE FACT THAT THEY ARE A GOOD SAMARITAN BOARD WHICH IS A VIOLATION OF THE GOOD SAMARITAN DOCTRINE BECAUSE THEIR ACTIONS ARE UNRESONABLE TO HELP OTHERS WHEN THEY DO NOT VERIFY STATEMENTS OR CLAIMS AND JUST POST THEM AS FACT.

I STATE AGAIN THAT PAT EDGERTON HAS BEEN SERVED AN INJUNCTION AGAINST HARRASSMENT AND IS NOT SUPPOSED TO BE POSTING ANY FURTHER INFORMATION ABOUT OUR COMPANY OR US PERSONALLY AS OF AUGUST 2004. WHY IS SHE STILL POSTING?

WE ARE DOCUMENTING THESE POSTS AFTER AND INJUNCTION HAS BEEN SERVED FOR LEGAL ACTION AGAINST TRADERLIST, PAT EDGERTON, DIDS.COM (THE HOST SITE) AND CHAD SIMPER.

THERE HAS BEEN AN INJUNCTION SERVED ON PAT EDGERTON AT TRADERLIST AGAINST HARRASSMENT.

THERE HAS BEEN A TOTAL OF 2 INJUNCTION SERVED ON TWO DIFFERENT PEOPLE WHO POST OR ARE EMPLOYEES OF THIS BOARD AND THE INJUNCTIONS ARE BEING IGNORED BY BOTH. THERE IS ALSO AN INJUNCTION OF THIRD PARTY HARRASSMENT THAT THIS SITE IS INCITING SO ONCE AGAIN IN VIOLATION OF THE INJUNCTION.

NOW PAT EDGERTON IS NOT GOING TO POST MY RESPONSES TO THE FOLLOWING (reference to Mr. Henderson's posting above.)

-------
Note from Mediator, Pat

Again Mr. Chisholm is using our boards for his own agenda. I have never refused to post Mr. Chisholm's responses, (although this response is the second one directed at Mr. Henderson's posting). I said I would not post his responses on our message board unless they were in response to new complaints. We pay for the space we use on the internet, and Mr. Chisholm has overextended his welcome on our site.

Also, as of this evening, Monday, August 9, 2004, I have not been served with any injunction, nor am I aware that volunteer working with Traderlist, nor our Host has been served with any injunction.

  I have been reading the complaints against this company and I, unfortunately, am one of their victims, experiencing the fake tracking numbers, the false shipping dates, etc. I paid for my missing order back in January!

I wonder if you might have the address for the BBB and other agencies that I can write/complain to.

Anything that you might have would be greatly appreciated.

Thank you,
Grace Stramiello

Subject: gstramiello@rih.org
traders_name: Grace Stramiello

IN RESPONSE TO:

August 12, 2004
Complaint filed by: gstramiello@rih.org

THIS IS JUST ONE EXAMPLE OF A DISTURBING TREND. NO COMPANY SHOULD BE REFUNDING TWICE. THIS BOARD DOES NOT VERIFY THE CLAIMS MADE AND STAND BEHIND THE FACT THAT THEY ARE A GOOD SAMARITAN BOARD WHICH IS A VIOLATION OF THE GOOD SAMARITAN DOCTRINE BECAUSE THEIR ACTIONS ARE UNRESONABLE TO HELP OTHERS WHEN THEY DO NOT VERIFY STATEMENTS OR CLAIMS AND JUST POST THEM AS FACT.

I STATE AGAIN THAT PAT EDGERTON HAS BEEN SERVED AN INJUNCTION AGAINST HARRASSMENT AND IS NOT SUPPOSED TO BE POSTING ANY FURTHER INFORMATION ABOUT OUR COMPANY OR US PERSONALLY AS OF AUGUST 2004. WHY IS SHE STILL POSTING?

WE ARE DOCUMENTING THESE POSTS AFTER AND INJUNCTION HAS BEEN SERVED FOR LEGAL ACTION AGAINST TRADERLIST, PAT EDGERTON, DIDS.COM (THE HOST SITE) AND CHAD SIMPER.

We are working of a schedule for delivery. Please email me directly at LEGAL@AMERICANACOUTURE.COM for more information and to gather the delivery schedule if you would like delivery.

If you would rather a refund also email me at LEGAL@AMERICANACOUTURE.COM and I will get your refund to you as soon as I can. If you paid with a credit card will need to get your credit card number since we do not keep credit card numbers on file. If you paid with Paypal and have a credit card associated with that account I need that number. I am also able to send a check but will need you to contact me to verify address.

If you have not yet received a credit on your statement then we request that you contact your bank and dispute the charge and weill affirm the chargeback.
--------
Note from Mediator, Pat.

As of today, August 13, 2004, NO INJUNCTION has been served to me, and I have not heard that any other volunteer with Traderlist has been served with an injunction, nor have I heard that our Host has been served.

August 14, 2004

Follow up to complaint filed by: gstramiello@rih.org

In January, I placed an order....kept following up and was finally promised a free item for my patience. Then, in May, I was given a fake tracking number.....then, the most recent correspondence was in July, thanking me for "hanging in there" and my merchandise was due to ship on 7/23. Needless to say, there have been many back-and-forth emails. It was always MaryAnne who emailed me. I don't know what else to tell you. I also asked for a refund finally, but haven't received anything yet. I wrote a letter of complaint to my credit card company. I filed an on-line complaint with the BBB of southern CA.

Thank you for including my complaint in the database.
Grace Stramiello
------------
Response From Americana Couture:

Date: Wednesday, August 18, 2004
Time: 10:53 AM EST
Submitted by: MARK CHISHOLM
Email address: MARK@AMERICANACOUTURE.COM
Remote Addr: 69.137.179.161

Subject: gstramiello@rih.org
traders_name: grace stramiello

Comments: If you would rather a refund also email me at LEGAL@AMERICANACOUTURE.COM and I will get your refund to you as soon as I can. If you paid with a credit card will need to get your credit card number since we do not keep credit card numbers on file. If you paid with Paypal and have a credit card associated with that account I need that number. I am also able to send a check but will need you to contact me to verify address.

If you have not yet received a credit on your statement then we request that you contact your bank and dispute the charge and weill affirm the chargeback

Subject: info@americanacouture.com
traders_name: Mark and Maryanne Chisholm

Comments: Get in line if they owe you money! They have filed for bankrupcy. They filed in Tucson bankrupcy court on 28 July 2004, case# 04-03739-TUC-EWH; Mark Fillmore Chisholm and Maryanne Chisholm. I dont understand how they can do this again because of there fraud trial that is coming for bankrupcy fraud. Oh well, if these guys owe you money, you might try to get some of it back by getting on thier bankrupcy list. The Tucson bankrupcy court is 520.620.7500. Worse they could do is say "no."

Marco
-------
Response from Americana Couture:

Date: Wednesday, August 18, 2004
Time: 10:50 AM EST
Submitted by: Americana Couture
Email address: info@americanacouture.com
Remote Addr: 69.137.179.155

Subject: info@americanacouture.com
traders_name: Americana Couture

The bankruptcy mentioned on this site is private, nothing to do with Americana Couture or it's customers. This is private information, completely related to Americana Couture or any of it's customers and public harassment in direct violation of the injunction we are sending to the authorities for traderlist.
---
Response from Mediator,

No injunction has been served to any Traderlist Volunteer nor to our Host as of August 18, 2004. Now we are being threatened with a lawsuit by Mark Chisholm.
The bankruptcy information  which has been posted is available to the public.
If you have been defrauded by this company, please don't forget to file a complaint with the FBI at www.ifccfbi.gov, and also with the Federal Postal Inspectors at www.usps.gov/postalinspectors.
Internet and Postal Fraud are federal offenses..felonies..and are subject to imprisonment and large fines.

Subject: mark@americanacouture.com
traders_name: Mark Chisholm

Comments: I have to correct some statements that Mark is making. He is claiming that I may have been credited before and that I recieved a chargeback from my credit card. Since I ordered the items in Feb and did not file a claim til July, And that was in response to talking to the fraud Dept of Paypal, wherin they told me to file a claim not for a refund as it was too late, but just to make Paypal aware of possible fraud and I used a bank transfer for Paypal in the first place, there is just no way that any of these things could have happened. He is claiming that I said I may have been credited twice. As I stated in numerous posts and e-mails to his company, I did not receive a refund til July. I contacted Paypal as a last resort and told them to check out the receipt that Mark posted on this very website that stated that funds had been withdrawn from Americana Couture's bank account in answer to a purported claim that I had made. It said that I had received a refund in May.!

This was not possible, as I had not filed a claim with Paypal due to the statute of limitations. You have only one month to file a claim, that is the Paypal policy. I believe that the only reason that the issue was resolved was that Paypal contacted Mark about the recipt posted on this website. I do not care one way or the other, I am very happy to have my money back after 6 months. I would not be posting again, except that there is a lot of misinformation with my name attached to it being posted on this site. It is possible as Mark says that he tried to refund my money earlier but it still would have been 5 months after I was promised a refund. Paypal would not have done it on their own as I had not disputed the charges with them as Mark has claimed many times. Thank you.

Gayle Mills is the Trustee apointed by the court regarding this bankruptcy. She is aware of the bankruptcy fraud charges and she knew nothing of "Americana Couture", but was interested in knowing more. She was emailed the link to AC's bad trader page.

The case was assigned case number 04-3739 to Judge Eileen W. Hollowell.

The filing of a bankruptcy case automatically stays certain actions against the debtor and the debtor's property. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized.

If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://ecf.azb.uscourts.gov/index.html or at the Clerk's Office, U.S. Bankruptcy Court , Arizona, 110 S. Church Ave., Suite 8112, Tucson, AZ 85701, , .

You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines.

Terrence S. Miller
Clerk, U.S. Bankruptcy Court

Note from Mediator: It is not Americana Couture that is filing for bankruptcy, but Mark and MaryAnne Chisholm.

Date: Tuesday, August 17, 2004
Time: 11:38 AM EST
Submitted by: Jenny
Email address: JennyTriptyDip@aol.com
Remote Addr: 64.12.116.78

Subject: legal@americanacouture.com
traders_name: Mark and Maryanne Chisholm

Comments: With regard to the bankruptcy, this is their second filing. How can they file a second time? THEY CAN'T! Is this just another way for them to try to get customers off their back by throwing another court document into the faces of complaining consumers in hopes that we will back off? I think so. There is a public hearing for all creditors and people who are owed money to come forth on September 14th. Call the court to get specific time and court room. I suggest we appoint one person to represent us all and each pitch in $20 for an airfare ticket so that he/she may represent us as people who are still owed money. Contact me at my email address if you are willing to donate $20 for airfare. Someone also needs to make the judge aware of the fact that they are charged with bankruptcy fraud, currently. John Evans has already been made aware of this from what I heard. Also, I called the court and spoke to Theresa. You can view the details of this new case since it is public information at "www.azb.uscourts.gov". You might have to pay a small fee to use the Pacer service, but I will be more than happy to pay the fee and send the info in to Pat for her to post. Again, per Theresa, this information is public information, so posting it is legal and just.

Subject: legal@americanacouture.com
traders_name: Mark and Maryanne Chisholm

Also, I forgot to mention the email address that Mark often uses to "scare" and "worry" his complaining customers---"legal@americanacouture.com", there is also another addy from his Comcast address that I can't remember off the top of my head. PLEASE NOTE that Americana Couture has no "legal department". This is just another way for Mark to intimidate customers. Maryanne Chisholm is utilizing the services of a public defender and Mark refuses to turn over his attorney's name (because he doesn't have one), so for the people who don't know better, there is no "legal" department. It's merely Mark pretending to be some legal eagle to scare you.

Assigned to: Judge Eileen W. Hollowell

Chapter 7
Voluntary
No asset
Date Filed: 07/28/2004

MARK FILLMORE CHISHOLM
7805 E SAM HILL
TUCSON, AZ 85705
SSN: xxx-xx-2920
Debtor represented by MARK FILLMORE CHISHOLM
PRO SE

MARYANNE CHISHOLM
7805 E SAM HILL
TUCSON, AZ 85705
SSN: xxx-xx-7406
Debtor
aka
MARYANNE ALLEN
aka
MARYANNE ARNO represented by MARYANNE CHISHOLM
PRO SE

GAYLE ESKAY MILLS
P.O. BOX 36317
TUCSON, AZ 85740
520-628-7777
Trustee
U.S. TRUSTEE
OFFICE OF THE U.S. TRUSTEE
PO BOX 36170
PHOENIX, AZ 85067-6170
U.S. Trustee

Deadlines/Hearings
Doc.
No. Deadline/Hearing Event
Filed Due/Set Satisfied Terminated
8 Objection to Discharge/523 Due 08/10/2004 11/15/2004
4 Final Filing Fee Installment 07/29/2004 10/12/2004
2 341 Meeting 07/28/2004 09/14/2004 at 01:30 PM 08/10/2004
8 341 Meeting (Ch 7 Indiv/Joint) 08/10/2004 09/14/2004 at 01:30 PM
4 First Filing Fee Installment 07/29/2004 09/13/2004
1 Schedules/Statements Due 07/28/2004 08/12/2004
1 Mailing List Due 07/28/2004 08/07/2004

Parties with aliases

MARYANNE CHISHOLM
7805 E SAM HILL
TUCSON, AZ 85705
SSN: xxx-xx-7406
(Debtor)
PRO SE
aka MARYANNE ALLEN
aka MARYANNE ARNO

Trustee
GAYLE ESKAY MILLS
P.O. BOX 36317
TUCSON, AZ 85740
520-628-7777
gaylemills@earthlink.net

ASSIGNED: 07/28/2004
(tr)

United States Bankruptcy Court
District of Arizona

*Note from Mediator:
The creditors listed in this bankruptcy petition have been removed from this posting since they do not pertain to the company, Americana Couture. This is a personal bankruptcy filing.

Subject: info@americanacouture.com
traders_name: Americana Couture

The bankruptcy mentioned on this site is private, nothing to do with Americana Couture or it's customers. This is private information, completely related (Mr. Chisholm just sent another message changing the word "related" to "UNRELATED") to Americana Couture or any of it's customers and public harassment in direct violation of the injunction we are sending to the authorities for traderlist.

As of today, August 18, 2004, Traderlist nor any of our mediators or host have been served with any injunction. The bankruptcy information is public information. Refunds have not been made in most cases.

You can document that Grace Stramiello has not yet received any refund; mine should be $44.95.

Thanks.
---------
Response from Americana Couture:

August 24, 2004
Subject: gstramiello@rih.org
traders_name: grace stramiello

We are processing a refund for you, please contact us with further questions. As of August 24th, 2004 this is the only customer Americana Couture shows as outstanding for a refund on the traderlist.com site.

Subject: Legal@AmericanaCouture.com
traders_name: Mark

I received another email from Mark, dated July 5, 2004, stating that I had received a reversal back to my Paypal account. I had paid AC with a transfer of funds from my Paypal account to AC and didn't have a credit card involved. Here is a copy of all the emails that went back and forth. Ultimately, Mark would not provide a transaction number, because there never was a reversal transaction. I did contact Paypal because I believed the letter head to be fraudulent, since the programing shows up but not the Logo of Paypal. (Email continues with copies of emails back and forth with Americana Couture.)

Note from Mediator: This email was lengthy. If you would like a copy of the complete complaint, please write to Ms. Wetzel.

Subject: Americana Couture
traders_name: Mark Chisholm

Just received some stupid email from Mark Chisholm purporting to warn me that he intends to depose me as a witness in some stupid lawsuit against traderlist. I pretty much told him what he could do with it! This guy is pathetic. I hope the authorities put him and his wife where they belong for a very long time.

*Note from Mediator:
Anything sent via email is not a legal service of ANYTHING. We are aware that several of you have received this email. Just delete or save for further court actions against Americana Couture.

Subject: info@americanacouture.com
traders_name: Maryanne Chisholm

Here's the website for Pima County Contract Attorney's Calendar. Just type in Chisholm and click on Entire Court Calendar to see the status of their bankruptcy hearings.

http://www.sc.co.pima.az.us/concal/search.cfm

Subject: mark@americanacouture.com
traders_name: mark chisholm

Just a note to let you know I, too, received a pathetic piece of frivolous email filled with incoherent legalese. However, I took the liberty of forwarding it on to the Pima County Sheriff, Bankruptcy Court trustee and the Arizona Atty. General's office. They were all quite interested, especially since Mr. Chisholm has no clue or records of me as a customer. Also, just to make it perfectly clear to Mark, his continued emails to me and others are considered harassment. AND when you file Chapter 7 Bankruptcy, which is what the now infamous Chisholms have done, you MUST include everything, not only personal, but business - since they're attempting to skate out from under all their multi-million dollars worth of debt, everything counts. Since the Chisholms have no civil attorney of record, only criminal, he is as I said he was - full of fluff, just like his website. And didn't I call that bankruptcy move correctly! Once a crook...always a crook!

Subject: legal@americanacouture.com
traders_name: Americana Couture

There are a number of false statements on your site, and I am respectfully asking that you remove the most prominent.

You claim I said that I am not the owner of Americana Couture. This is note true, I do not know who told you this, but I am the owner, and Americana Couture is an LLC for which I am also the president. Next there are people who have posted the Chisholms personal bankruptcy on this site. The Chisholms do not own Americana Couture, they are not on the board, and have no authority to file any debt for discharge, they have not done this.

The comments posted are reckless and are misleading people into believing Americana Couture is bankrupt, or is intending to discharge our customers debts. This is also not true.

I further understand you are now posting comments by individuals without permitting any responses from our staff, this is misleading as it appears no one is responding - they are, and you are not posting it. (Note from Mediators..all responses, as long as they are not duplicates or known lies, are posted. We don't have to do this..we just do.)

Finally, You have placed my home address in huge red letters at the top of this page, I do not grant permission for this information to appear online. I am concerned, given the content on this page, that acts of violence or harassment will now occur at my home. (The information has been posted on various website including the BBB websites, and is public knowledge. We just copied and pasted it.)

Please remove this, and you may post the zip code as you did originally until such time as a court rules in the matter of the lawsuit that has been filed against you by the Chisholms. Please post this response in it's entirety. Thank you.  (We are not aware of any lawsuit against us.)

I ORDERED AND PAID FOR A CUSTOM T-SHIRT IN MARCH OF 2004. I NEVER RECEIVED THE SHIRT. AFTER NUMEROUS COMPLAINTS VIA EMAIL AND PHONE MESSAGES I RECEIVED A PROMISE IN WRITING FROM AMERICAN COUTURE TO SHIP MY SHIRT ON AUGUST 13TH, 2004. I HAVE NOT RECEIVED THE SHIRT AND I DONT BELIEVE I EVER WILL. I HAVE NOT BEEN ISSUED A REFUND. AFTER RESEARCHING THIS COMPANY I HAVE FOUND THAT THEY HAVE MANY, MANY COMPLAINTS AGAINST THEM. I FEEL VERY FOOLISH FOR GIVING THEM MY HARD EARMED MONEY. THEY SEEM TO WANT TO BLAME THE PROBLEM ON EVERYTHING FROM COMPUTER PROBLEMS TO SHIPPING PROBLEMS WITH UPS. THE SHIRTS THEY ADVERTISE ON THEIR WEB SITE ARE VERY BEAUTIFUL BUT BEWARE. IF YOUR EXPERIENCE IS ANYTHING LIKE MINE, YOU WILL NEVER SEE THE SHIRT.

Americana Couture only just received notice of this customers request for refund today. A refund is being issued. The "many, many complaints" referenced by this customer are directly linked to content on the traderlist.com, much of which this company disputes. Thank you.

Sincerely,
Melita White

---------
Response from Americana Couture..August 24, 2004

Americana Couture disputes this response. This company cooperated and participated in Ms Whites request for refund, and requested assistance when Paypal failed to properly credit Ms Whites account. There is public information to support this. Paypal has recently settled in a 9 million dollar settlement for a class action involving millions of users and Paypal's failure to properly credit accounts from 1999 to 2004. This information is available to the public at www.paypal.com/settlement
------------
Response from Melita White: August 25, 2004

I see that Americana Couture have already filed a response to my statement that they refused to refund me willingly and directly. Their refusal to refund me had nothing whatsoever to do with any failure by PayPal to refund the money to me. In fact, this is the first time I have heard such a suggestion made. My bank requested a credit card chargeback through Visa International, who had to request a refund from Americana Couture VIA PayPal, as that was the method I had used to pay the company. The money was not refunded to my PayPal account, but directly to my bank account, again affirming that this was a Visa chargeback, and NOT a PayPal refund. It seems to me that the Chisholms are intent on fabricating information in order to make themselves appear better in the public eye. Know that this latest claim of theirs is also a fabrication.

Melita White

Subject: info@americanacouture.com
traders_name: Americana Couture

In response to yet another disgruntled customer, Americana Couture wries:

"We are processing a refund for you, please contact us with further questions. As of August 24, 2004 this is the only customer Americana Couture shows as outstanding for a refund on the traderlist.com site."

Nice try, Mark. I'm still waiting for my $95.98 "with interest" that you promised almost three months ago. Do the lies EVER end?
--------
Response from Americana Couture

Date: Wednesday, August 25, 2004
Time: 1:43 PM EST
Submitted by: Americana Couture
Email address: americanacouture@aol.com
Remote Addr: 149.174.164.18

Subject: ceceamour@aol.com
traders_name: Cherie Williams

In response to the message below (above), Americana Couture did have funds drawn for the benefit of Ms Williams. To assist her in her claim, Americana Couture will contact Paypal, again, and request documentation to support and show a credit to this customers account. We received a large number of automatic reversals from Paypal on March 3rd, 2004. The funds were drawn from our account, and we were advised the transaction was reversed in favor of the customer. On this day we joined the class action lawsuit against Paypal involving issues of this precise nature. We received this same notice for Cherie Williams, and will follow up until Paypal confirms in writing that these funds have been properly credited. We do wish to make it clear these funds have been drawn from our account. Once this information is obtained we will provide it to Traderlist, and will anticipate it will be posted for the public to see.

Subject: mark@americanacouture.com
traders_name: mark chisholm

Every day is something new from Mark Chisholm. Because I chose to proffer my opinion on this site, he has now sent an email to Yahoo stating that I've threatened him which is completely untrue. The email I did send him was the exact opposite, it was in response to his bogus, "we're going to subpoena you" email, I advised him to stop emailing me as it was harassment. Get a clue, Mark - this is America and I'll say whatever I want - it's my opinion. If you don't like it, too bad. I've had enough of this little weasel. I feel such empathy toward each and every victim of the Chisholms. And this being America, well they'll certainly get 'their due' in court, both civil and criminal.

Now - let's make it official here, on a public forum, Mark, stop emailing me, harassing me and in general bothering me. He's been blocked - and can't get the last word anywhere else. Poor baby.

Subject: Americana Couture
traders_name: Mark Chisholm

Mark Chisholm had my email cancelled at Hotmail. However, I am concerned that he will have nowhere to send any future cease and desist orders or his infamous "I'm going to subpoena you" emails. Thus, I am including my new email address here for Mark's benefit. So, send me your emails, Mark, I'm waiting. BTW, be sure to keep in touch from jail, I'm going to miss you, you big lug!

So, I am still out my money and have no product and I will go to court to testify on that one!
==========
Response:
Date: Friday, August 27, 2004
Time: 11:08 AM EST
Submitted by: Americana Couture
Email address: americanacouture@aol.com
Remote Addr: 205.188.116.76

Subject: christyw@bevcomm.net
traders_name: Christie Wetzel

In response to Ms Wetzels claim that she did not receive a refund, we have a more detailed response from Paypal as opposed to what they have recently and traditionally supplied to us. This e-mail was received on April 23rd. If Ms Wetzel continues to claim she has not received credit we will contact Paypal and demand documentation of chargeback and credit to her account, however please note these funds are drawn from our account. We find it interesting that the of 6 clients complaining on this site, almost all appear to have issued payment through Paypal. We can document our notices of credit, reversal or withdrawal received from Paypal, but with the status of the Paypal class action it is difficult to assist as completely as we could with an actual Visa Mastercard transaction.

Here is the proof of chargeback from Paypal:

----- Original Message -----

From: <service@paypal.com>
To: <info@americanacouture.com>
Sent: Friday, April 23, 2004 8:09 AM
Subject: Chargeback Inquiry Case ID PP-035-393-467

Dear Americana Couture,

In accordance with PayPal's Seller Protection Policy, the following transaction involving unauthorized funds has been reversed:

Buyer's Name: Christie Wetzel
Buyer's Email: christyw@bevcomm.net
Case ID: PP-035-393-467
Amount: $159.97 USD of $159.97 USD
Transaction Date: Jan. 25, 2004
Transaction ID: 46E92859SY5893818

This transaction was reversed for the following reason(s):

Your reply to our request for information was not received within the required time period. We are attempting to dispute the chargeback with the buyer on your behalf. If we win our dispute, you will receive a credit back to your account.

Please allow 75 days for this process.

If this reversal has made your account balance negative, you can reimburse PayPal by adding funds to your account or by sending a check to the following address:

PayPal
Attn: Accounting Department
P.O. Box 45950
Omaha, NE 68145-0950
United States

This withholding is in accordance with our Seller Protection Policy. To view the Seller Protection Policy, go to:
https://www.paypal.com/us/cgi-bin/webscr?cmd=p/gen/ua/policy_spp

In the future, you can protect yourself against fraudulent buyers by
following the steps outlined in our Seller Protection Policy.

Sincerely,
PayPal Chargeback Division

------ Forwarded Message

From: "Mark - Americana Couture" <mark@americanacouture.com>
Date: Wed, 25 Aug 2004 16:06:52 -0700
To: "grace stramiello" <gstramiello@rih.org>
Subject: Americana Couture Order americanacouture-7954

Dear Grace:

We have just learned you have already been refunded through a reversal with Paypal. The funds are out of our account and if they are not in your account or you do not see them please let me know so we can help you get your funds back from Paypal.

Thank YOU
<>Mark<>
www.americanacouture.com <http://www.americanacouture.com> mark@americanacouture.com

Subject: info@americanacouture.com
traders_name: Americana Couture

After months of wrangling over my refund, lo and behold, miraculously, day before yesterday, Mark suddenly realizes that PayPal did a "transaction reversal" on my account. I have two words to say about that: B. S. The lies are endless. I've been on the phone with Resolution Services of PayPal for the past two days. The transaction reversal notices that Mark sent to me, purportedly from PayPal, are obviously doctored, and are as bogus and fraudulent as everything else Americana Couture does or says. AC claims that these transaction reversals were done on March 3, 2004...which makes no sense anyway, because the second of my two orders was only placed nine days prior to March 3...the last activity showing on my PayPal account is February 23, 2004, the date of my second AC order. If any reversals actually HAD been done, these would show up on my account. Just for fun, and for the sake of argument, let's say PayPal had done the reversals, which they didn't...that doesn't explain the three months of incessant lies that I received from Americana Couture regarding the status of my orders. That doesn't explain the PHONY tracking number I was given in May. Nope, fraud, lies, and shady business practices are all still intact, regardless of any imaginary "transaction reversals."

Traderlist has been given the following explanation concerning PayPal:

When someone says their account has been "debited", it in fact has been debited, however, because there are no funds in their PayPal account (they withdrew all of the funds), PayPal can only put their account in the negative for which they owe to customers. For example, if there is no money in John Doe's PayPal account and if you and I were issued reversals for $25 each by PayPal due to John Doe fraud, PayPal would then debit their account $50. they would then be negative -$50. Let's then say John Doe puts $50 into their PayPal account, at that time the $50 would be withdrawn by PayPal automatically and then given back to the customer.

Although, customers are receiving letters from PayPal; that state a reversal was issued, unless there are funds in John Doe's account, there is no money actually going back to the customers. Only when John Doe puts money into the account will the reversals ACTUALLY be given back to the customers.

Subject: info@americanacouture.com
traders_name: Maryanne/Mark Chisholm

I was contacted by Americana Couture in early June. They informed me that Swarovski was giving them a terrific discount if they could meet an ordering deadline. They advised me that if I wanted to take advantage of this fantastic deal (the shirts would be a lower wholesale price due to the discount on the crystals), I would need to wire transfer the money to their account by that day. I responded that I was on the east coast and that my bank had closed, magically the deadline was extended to the next day. That should have been my first red flag. The next day I wired the money per their instructions. June Marlborough told me the shirts would take 2-3 weeks. After waiting a month I contacted the company and Maryanne advised that they had problems but to be patient, the shirts were coming. Needless to say, to date no shirts or money have been recovered. Many phone calls have been volleyed, many promises made...and some lies. I was promised on 7/27 that I would have a check within 30 days. On 8/28 I contacted Maryanne and without missing a beat she advised me my CREDIT CARD had been refunded (impossible since this was a wire). Mark Chisholm then got on the phone and said to give him my email address so they could refund me (HUH?), he said he would have his accountant look in to it. When I asked for the accountant's name and number so I could follow up he abruptly hung up. I have decided to pursue this through the legal channels available to me, I have been left with no choice. Good luck to all others who have been defrauded (yes, that is the correct term).
=======
Response:

Date: Wednesday, September 1, 2004
Time: 5:04 PM EST
Submitted by: Americana Couture
Email address: americanacouture@aol.com
Remote Addr: 205.188.116.76

Subject: jackie@tigerlilyshop.com
traders_name: Jackie Ekstrom

Ms Ekstrom phoned Maryanne Chisholm on her cell phone while her father was in the hospital, and was advised repeatedly that this was a private phone, and that they were in the hospital and did not have her records. We will communicate with Ms Ekstrom to ensure she is properly credited, and once again make reference to the conclusions jumped to and the harassing comments that this company has suffered from as a result of this website and it's posting.

Subject: mark@americanacouture.com
traders_name: americana couture

Placed two orders 2/18/04 and 3/2/04. Total amount was $122.18. One order was paypal one was a credit card. Received numerous replies about my merchandise having been shipped, lost, etc. Finally was told it would be shipped in August - asked for a refund - got no reply. Paypal won't help either. Is there any way to get my money back from these people?
---
Additional Information:
Sept. 8, 2004
Mark is now threatening to add me to his lawsuit against you because I posted my complaint on your page.

*Note from Mediator..we have not been served with any lawsuit or injunction as of Sept. 8, 2004.

Subject: Legal@AmericanaCouture.com
traders_name: MARK

AS I STATED IN AN EARLIER EMAIL, I HAVE NOT RECEIVED ANY FORM OF REFUND, REVERSAL, ETC. FROM PAYPAL IN REFERENCE TO AMERICANA COUTURE. MARK IS NOW USING MY PAYMENT TRANSACTION NUMBER AS HIS "PROOF" OF A REVERSAL. NICE TRY, MARK, BUT YOUR RUNNING OUT OF EXCUSES AND WE ALL KNOW THE LIES.

THERE IS NO TRANSACTION NUMBER FOR THE ALLEGED 'REVERSAL', BECAUSE IT NEVER HAPPENED. DON'T MAKE ALL OF YOUR CHEATED CUSTOMERS OUT TO BE THE THIEVES. DO YOU REALLY THINK WE WOULD ALL FILE COMPLAINTS WITH THE LOS ANGELES COUNTY DA'S OFFICE IF WE WERE WRONG?

CAN'T WAIT TO SEE WHAT YOU COME UP WITH NEXT!!

Chisholm, et al v. Traderlist, et al

10/13/04 6 ORDER by Judge David C. Bury that this action is dismissed with prejudice, The time for pla's to file their amended complaint expired on 10/7/04. No amended complaint was filed. It is further ordered that the Clerk of the Court enter judgment against pla's and close this case (cc: all counsel) (kt) [Entry date 10/15/04]

10/14/04 7 JUDGMENT by Judge David C. Bury : to dismiss case with prejudice (cc: all counsel) (kt) [Entry date 10/15/04]

Mark @ A/C insists that Paypal put through reversals (which isn’t true). They probably use that line to get rid of all the inquiries from Better Business Bureau and other agencies. I was so aggravated to keep hearing these lies that I sent him a slightly nasty email referring to them as “thieves”. He somehow managed to forward my email to my technology director (here at my place of employment) saying that I was harassing them. Even the technology director couldn’t figure out HOW they managed to do that.

Anyway, my credit card bank is so tired of my letters that they’re going to issue me a credit as a courtesy.

That, of course, satisfies my own personal loss of money, BUT gives me no satisfaction of seeing these thieves brought to justice.

Thank you,
Grace Stramiello

No refund yet.

Cherie

Your trying to say we put you through hell? You have got to be kidding...your site has put us through hell during some of the most important times of our business..the summer and now the holiday period. You continue to harass us with your site even though we have an injunction against this type of harassment in place. (We have no injunction as of today.) Your operating in an illegal manner with your site and the good Samaritan statutes do not apply because your attacks are unreasonable. (We only post the complaints. Responsibility for them lies with the poster.)

We are not threatening you with a lawsuit...we are most definitely going to sue you. All we ask is that all information in regards to Mark Chisholm, Maryanne Chisholm, Lisa Keil and Americana Couture be taken down and then you can move happily with your site. (All we ask is that all victims be refunded..but the page won't come down until five years are up with no new complaints.) But, you refuse to do this. Why? Because you feel it is your right or your protected by some statute or the first amendment. You are not according to law because your attack is unreasonable and your information is incorrect.

The majority of the people who have filed complaints in the past have been refunded except for like 2 of them. (Note from Mediator..not true, and all we need is one..but there are many. See above and below.) You also have a whole another group that are not even clients at all of Americana Couture. (Anyone can voice an opinion on Traderlist)

Then you have another group that appears to be another past client who was cyberstalking us and we also have a injunction against and a court order now barring her from harassing us in any way shape or form. (We don't know of this group..we are aware of one person who posted a complaint long ago.)

With all this said you continue to forge forward illegally.

Well, I will continue to forge forward as well and you need to consider whether it is worth it for you to have to pay $25,000+ in attorneys fees to defend a multi million dollar Federal Lawsuit brought against you by Americana Couture.

We let this lawsuit lapse in the past because compliance by your past hosts was met, but now you continue so we will as well and have the right to refile against you and we will.

Thank YOU

<>M<>
www.americanacouture.com

It really is simple. If, according to Mark Chisholm, everything that's claimed above is lies, then the conduct of ethical business practices would be the best rebuttal. No argument, no back and forth, no broken promises. Just good, old fashioned, honest customer service. Nothing would prove your case like that, Mark Chisholm.

I don't expect to ever see my money, but I will file as many complaints as I can (starting with the LA County DA) on principle. It blows me away that americanacouture.com is still up and running and accepting orders.

It looks like the managers of this company may finally end up in jail after all.

http://www.onlypunjab.com/fullstory1004-insight-Americana+Couture+Managers+Facing+Felony-status-28-newsID-2812.html

These are not valid complaints by clients they are posted by you from various emails you received.
These people have all been refunded.

Like I said, I'm not getting my money back. I just cannot believe that website is up, running and accepting orders.

Kristin Osborn

Regards,

Jackie Ekstrom

These people do not appreciate being harassed, lied to, and threatened with lawsuits.

You are not the only one who reads our site and your Bad Trader Page daily. Your victims are furious about your saying all refunds have been made, and have every right to put their updated complaints on your Bad Trader Page. As I mentioned before, we don't make these complaints up..they are sent directly to us, and we post them. We follow up periodically with those who have not been refunded to make sure we have correct updated information ..something else we don't have to do, but to be fair to you, we do. (We wouldn't want to miss an occasional settlement if that were to occur).

You took advantage of innocent customers. You had every opportunity to make things right, and yet you resorted to threats instead of refunds. Your victims are not going away and neither are we.

Pat

Please select any items from the Americana Couture catalog for up to the amount of your purchase with one additional gift item. Shipment will occur within 7 days of selection, via certified Priority mail with signature required. You will be advised within 48 hours of any backordered items. The shipment will constitute payment in full of your order.

Americana Couture requests that upon entering into this agreement you advise Traderlist.com, and specifically Pat Edgerton, of your receipt of this offer and your agreement to accept goods and services as settlement in full. Please CC all communications to legal@americanacouture.com

Americana Couture further requests that upon receipt of goods you notify traderlist.com of the completion of the settlement agreement, and finally to agree to post a final notice on traderlist that affirms your receipt of all goods and the completion of this matter. Americana Couture finally requests your written consent and agreement that upon receipt of all goods and service to not engage in the posting of harmful or abusive comments on this or any other site.

I am writing to say I think this site is terrible. I am a client of Americana Couture, and have been for three years. Delivery has been slow at times, but I have consistently received my products and have been pleased. I looked over this entire site and have to say, it can only be a matter of time before you are sued. To say you only post responses when they are not lies is remarkable. How do you know the people posting online with their rants and complaints are telling the truth? Who are you to judge? I found this site when looking in Google for Americana Couture. I see bouts of name calling, and material that is questionable. Many of the "news links" you have posted have nothing to do with Americana Couture at all. I think you are all self righteous bullies, and I will be truly surprised if you post this being that there is no link to provide a positive experience for this company. Only a "complaint" link - your posters are anonymous, there is no apparent verification method here, and now you are admitting to censor the companys attempts to respond. I can only assume that this is the harassment they have spoken of online that has effected their ability to function. I know it would affect me if someone insulted and attacked me online. Shame on you!
--
Response from Mediator, Pat

None of the postings on this page are anonymous. If an email address is not posted, it is at the request of the poster, however I have everything in my files. We feel that the above posting is better suited to the Testimonial page of the Americana Couture website, but in an effort to let everyone voice an opinion, we allowed it to be posted here. This site was not set up for accolades..it is a complaint site, and a site to alert others to use caution when dealing on the internet.

In seven years, we have never been sued. Our site is used as a reference for the FBI, Federal Postal Inspectors, and Law Enforcement agencies around the world, whom we deal with on a daily basis. We have their full support and confidence.

We are pleased to hear that you have had good experiences with this company. Others were not as lucky.

Paypal

1-877-6-paypal
(877) 672-9725
(866) 272-9725
(650) 251-1100
(402) 935-2000
(402) 935-2001
(402) 935-2062
(402) 935-7733
(402) 537-5740 FAX

Help Center: (888) 221-1161

Craig, complaints resolution manager: (402) 935-2258
Premier Account Holders: (800) 836-1859

PayPal UK

0870 730 7191

Hours of operation: 12:00 noon - 6:00 A.M. (GMT/BST)

PayPal
Media Contact:

Amanda Pires
PayPal
(650) 864-8067
apires@paypal.com

Second, I want to say that the mediator of this site is absolutely 100% correct about the fact that others read this site for updates and other reasons. Most importantly, legal authorities from different organizations also read it and the rebuttals from the company really do help authorities. Of course he does not realize how damaging his own words are, so it would probably be best for him to just shut up, but I don't think he can control himself. He is far too concerned about fighting back 24 hours a day instead of producing the product for their victims. It's obviously a personality thing---or disorder. I would also like to request the name of the individual who is handling these "legal" matters for the company. He posted some legal email address, but I wonder if there is actually any one of any legal background handling these matters or is it just him who happens to think he is a lawyer using this address as a way to intimidate people into thinking the company has legal backing from an attorney??
---------------
November 8, 2004
Response filed by mark@americanacouture.com

RE: November 2, 2004

Message filed by: bushforprezzz@aol.com

We have been doing investigations with AOL and we believe this IS A REFUNDED CUSTOMER and we have a court order against this person barring them from posting any information about Americana Couture or Mark and Maryanne Chisholm.

We went into court on September 17th 2004 and this order was signed by a judge. The order was approved by our attorney and theirs.

This person is in violation of this court order as we speak and we will send this information to our attorney and theirs.

WE CANNOT SUBMIT ANY PROOF ON THIS MATTER SINCE WE ARE BOUND BY THE SAME COURT ORDER!

Thank YOU 

Christie
--------
November 3, 2004
Response filed by Mark-Americana Couture

Your site has a statement by Christie Wetzel that claims there are 93 complaints from the BBB. We contacted the BBB today in an attempt to verify this, and it is not true. Please post this as our response.

Additional Information:

We have just received contact and verification from the BBB that there are a total of only 8 complaints open with the BBB, a number of them are related to people who have viewed this site and jumped to inaccurate conclusions. We are working to resolve this and require this notice to be pasted to contradict the false statement being distributed on your site by Christie Wetzel. Please see the information below obtained from the BBB.

8 complaint(s) are currently OPEN.

0 complaint(s) were closed as being UNANSWERED.

I have declined any settlement offer and have simply requested a refund.

Kristin Osborn
------------
Response by Americana Couture

THE OFFER FOR SETTLEMENT STILL STAND AND WILL REMAIN OPEN BUT WE SHOW THIS CLIENT HAS BEEN REFUNDED IN FULL. WE DO NOT KNOW WHAT ELSE TO DO SINCE WE REFUSE TO REFUND A SECOND TIME.

An internet search for "paypal" yields many sites and news links that show that Paypal is a hotly debated auction payment service that has been sued for millions of dollars for failing to properly credit refunds and payments, and freezing accounts in violation of FDIC policies. This made national news.

Paypals policies state that a reversal is immediately deducted from the sellers account at the time of reversal, this is part of the Paypal registed policies and can be found online at their site by entering the help interface and searching for reversals. To be literal, the site states

https://www.paypal.com/cgi-bin/webscr?cmd=_help-ext&leafid=61333&answer_id=16662388

" All refunds and reversals will be shown as negative numbers, to indicate that they are debits from your account."

You can also view this link: http://www.paypal.com/cgi-bin/webscr?cmd=_help-ext&eloc=1615&loc=1607&unique_id=61675&source_page=_home&flow=

The only time funds would not be drawn is if the reversal was cancelled, which is not what Americana Couture appears to saying on this site. It sounds to me as if Paypal is refusing to credit a series of completed reversals, most likely after Americana Couture had some sort of freeze on their account.

I received a letter from "GrandmaPat" that shows I am right in this assumption. Paypal is refusing to allow Americana Couture access to their account. They have debited Americana Couture, but they have not credited the customers for this debit. They claim Americana Couture must deposit funds to pay the customers, but the account is suspended which undoubtedly prevents this, and the real issue here is once the account is debited it constitutes a reversal in favor of the client. This is why Paypal was sued in the class action you can search the internet for information on.

The term reversal in this case unmistakely means to reverse the original payment, resulting in a debit to the seller. " All refunds and reversals will be shown as negative numbers, to indicate that they are debits from your account." This statement is unmistakeable.

I can understand why everyone is upset, but traderlist has posted false information that these reversals did not make the Americana Couture account negative, which contradicts all Paypal policies and is probably pushing readers into acts of harassment on this site. The information on traderlist is ambiguous at best, it actually appears to be a paragraph of two friends telling a story - and provides no verification from Paypal on any kind of link to the site as I have provided or formal letterhead or even through an official e-mail. The comments posted are simply not true.

I have declined any settlement offer and have simply requested a refund.

Kristin Osborn
----
Response filed by: mark@americanacouture.com

THE OFFER FOR SETTLEMENT STILL STAND AND WILL REMAIN OPEN BUT WE SHOW THIS CLIENT HAS BEEN REFUNDED IN FULL. WE DO NOT KNOW WHAT ELSE TO DO SINCE WE REFUSE TO REFUND A SECOND TIME.
-----------
November 6, 2004
Response filed by: Kristin Osborn

Again, I have not been refunded nor have I received proof showing otherwise. To date, no credit has posted to my account (my bank actually did refund me yesterday as they will pursue the claim now). Please send documentation showing this refund you say exists, Mr. Chisholm.

No one expects you to refund a second time or to offer free merchandise. I, as I'm guessing most on this board, expect a refund in full one time only for merchandise not received.

Kristin Osborn

I have a long-time friend 'in the business' who received a t-shirt from AC quite a while ago. Having brought it to her attention this entire debacle, she has assured me that at no time will that shirt EVER be worn, in fact it's been given to charity, and she will inform her colleagues 'in the business' exactly what and who Americana Couture is and encourage them NOT to accept anything from this company EVER. No entertainment personality wants to have his or her name associated with losers, criminals or shoddy business people. I encourage all of you who are still waiting for your refunds that will never come, let the system work, get your judgement against A/C and then collect it. Backing down now seems silly and ridiculous if you think about it. Accepting merchandise as a refund when you never received anything the first time would be just plain stupid!

Mindy R
-------
Response by Americana Couture

In regards to the comments by Mindy R, we offering any client who accepts the merchandise offer shipment within 7 days of accepting the terms of this agreements/settlement.

Mindy's comments show to only aggrevate an already miserable situation.

This offer is our earnest effort to insure the satisfaction of individuals on this site that have made claims that they are not satisfied...or their refunds have not yet posted.

In regards to the comments by Alan Henderson, we offering any client who accepts the merchandise offer shipment within 7 days of accepting the terms of this agreements/settlement.

Henderson's comments show to only aggrevate an already miserable situation.

This offer is our earnest effort to insure the satisfaction of individuals on this site that have made claims that they are not satisfied...or their refunds have not yet posted.

If Mark Chisholm TRULY wanted to "insure the satisfaction of individuals on this site that have made claims that they are not satisfied", why then isn't he refunding their money as requested? Why is he giving the complainants a time limit to respond when he, himself, has not delivered ordered and paid for products in months and months (almost a year for some)? Offering more of the same instead of immediately crediting their dissatisfied customers is ridiculous and not an 'earnest' offer at all. So, Mark, put your money where your mouth is and refund their money. I'm sure they'd all be satisfied with that and nothing less. As for exacerabating the situation by my post, sorry, Mark, you can carry that blame all by yourself as an irresponsible business person who scammed innocent people by not only taking their money, but not delivering what they had ordered and THEN arguing about it. Once you accept responsibility for your actions, then and only then, would I even begin to see you've made any progress. Until that time, you're just another scammer who got caught with his hand in the cookie jar. Pay them, Mark, be a man and pay these people what you owe them. We both know you will lose each and every single complaint in court and you'll have more judgments against you and your business. And just because you offer a refund on YOUR TERMS, does not mean they are good or even close to acceptable. PAY THEM, MARK and then you can close the book on this 'miserable situation' and your 'earnest efforts' might, at that point, be worth noting.
-----
November 8, 2004
Response filed by mark@americanacouture.com

In regards to the comments by Mindy R, we offering any client who accepts the merchandise offer shipment within 7 days of accepting the terms of this agreements/settlement.

Mindy's comments show to only aggrevate an already miserable situation.

This offer is our earnest effort to insure the satisfaction of individuals on this site that have made claims that they are not satisfied...or their refunds have not yet posted.

PLEASE CONTACT ME DIRECTLY IF YOU A CLIENT THAT I CANNOT FIND OR IF THERE IS ANYTHING I CAN DO FOR YOU PERSONALLY.

<>Mark<>

"We are a former customer of Americana Couture. We feel we were treated improperly. We suffered significant losses as a result of the alleged illegal actions of individuals associated with that company. We are considering extensive legal action. We have been in touch with both state and federal authorities. There are multiple courses of action open to us. To help determine the most effective action, and whether or not others should be included, we are gathering information about Americana Couture’s treatment of other former customers.

This is not a gripe session nor a search for angry or unhappy customers; but it is a serious quest for specific examples of alleged wrongdoing, and/or illegal or improper acts. If you feel you have facts that can contribute to this research you are requested to respond with as much specific detail as possible to:
pedger10@charter.net and they will be passed on to the proper people.

Your response will be kept in confidence until such time as a course of action is determined. Include your contact information so that you can be kept informed of the progress on this case."

Sincerely,
Plaintiff's Research Committee
-------
November 15, 2004
Response filed by mark@americanacouture.com

I would prefer that you speak directly with me only through your attorney. I am sure I do not have to tell you the information you have put on Traderlist constitutes harrassment. I am virtually sure your attorney would not approve of the language you have sent in email as this opens you up to liability.

"Everyone associated with his company, including those who assisted in the felonious transfer of funds and money laundering are about to become defendants."

We have commited no crimes and we have made earnest efforts to file a claim and settle this matter. This includes emailing your attorney numeros times with further information.

We would be grateful if you would remove this post and assist us in resolving this matter peacefully.

Thank YOU
-------
November 16, 2004
Additional response from mark@americanacouture.com

Dear Ladies and Gentlemen:

Before you decide to contact any person or such about legal action please contact myself first at mark@americanacouture.com and try to come to a peaceful resolution first. I will do my best and always have to tried to accomodate our clients and make them happy.

Try to work it out first before you follow some person you do not know down a legal path..

8 months is way to long to waite for an item or a refund. I will gladly take Americana Couture offer for a settlement and I will gladly post When I receive the product.
-------
November 16, 2004
Response filed by mark@americanacouture.com

RE: November 16, 2004
Complaint filed by: shelston@aol.com

I am working with this client to get her order out to her in a timely manner.

Thank YOU

<>Mark<>

Kristin Osborn

As I read the stories of others who had ongoing problems with this poor excuse for a company, I got a great deal of satisfaction knowing Mark was being harassed. Learning he filed personal bankruptcy, however, made me angry, for we all know this is an easy way out of personal liability. I also believe he is one of the owners or principals of this abortion, since I cannot imagine any employee spending as much time and effort addressing this matter. I wouldn't be a bit surprised if a check with the California Secretary of State, Dept. of Corporations, reveals Mark and Maryanne to be the owners and Lisa Keil to be the registered Agent, or the one who is authorized to accept service.

In Ms. Keil's statement of August 24th, she states she is the owner and President of AC, a Limited Liability Corporation. I'd like to know if AC incorporated in California or Arizona, and what that state construes the liability of an LLC to be. Other contributors to this site have indicated they wish to file an objection to the final discharge of debts listed in the Chisholm's Chapter 7 petition. Unless they are in fact, owners of this corporation, and co-mingling of funds can be proven, this objection cannot be filed. If Ms. Keil's declaration of August 24th is valid, the Chisholm's have no personal liability for the debts or alleged fraudulent actions of AC.

Have others also received those l-o-o-o-o-o-o-o-n-g stories or copies of press releases outlining the financial woes the company went through? They were well written and, even as a former law student, I was actually convinced they had been defrauded. Shame on me!

As I stated earlier in this summary, I was the recipient of a Gift Certificate included in the gift bag at an award show. I have expended no money; therefore, I cannot make demand for monetary restitution. I will, however, supply any back-up I can to insure this scum be buried. Just because he has caused me aggravation, time, and most of all, because he took us all for fools. I'm truly sorry for all of you who lost money.

Hooray for this site! ! !

Rochelle Bernstein
Boca Raton, Florida

I only know them by these two names. Lisa Keil is the name that comes up on my caller ID when she phoned me, but I have never spoken to a "Lisa".

I also placed 3 orders with these people in February and March of 2004. Several months, promisees, and emails later (like 8 months and over 75 emails) these two very carefully managed to finally send T-shirts to me but NOT the gift shirts that kept my order alive. If it were not for the promise of gift shirts after 4 months I would have cancelled my orders back in April.

I say "carefully" because of the way Maryanne handled my orders. She finally called me in August saying she needed to change the styles and colors if I wanted shirts. So, we sat and went through my orders. I asked about the gift shirts, and she replied "Oh, I have plenty of those - don't worry." With such a statement, I assumed that my order would come complete. It did not. I know that I probably will never see them.

My daughter also ordered from them, and waited....when it became clear that something was funny in September, I told her to cancel and contact her credit card company. She has done so, but is still waiting for a refund. My husband ordered the gift shirts in October because he was fed up. When I found out, I had him cancel - American Express kindly reversed charges, but again - we will have to see if there will be a problem with that process.

Since I had initially had spoken to Maryanne with my first order in 2003, I never really believed nor sought out information on these people. As things progressed, I still had faith. I mean, I was out in Hawaii(vacation) and Maryanne was still emailing me saying she would send them (the gift shirts) to Hawaii.

It really boggles my mind how all this played out. I feel lied to and played like a fool. I have never dealt with such a company before. It wasn't until I read this site that I even realized how they charged immediately instead of when the shipment was sent. I could kick myself for that oversight on my part.

But, yes, I would like to be included in such a suit. What they are doing even still (promising to send the shirts) is ridiculous. But, it is interesting how they maintain the facade of being a credible company.

It will take some time, but (even in the midst of holidays coming) I intend to archive over 75 to 100 emails from them to Microsoft Word if anyone is interested in using them. From what I've read on the internet though, it seems Mark and Maryanne will not have a very good January 2005.
------------
Response filed by: mark@americanacouture.com

RE: November 20, 2004 Complaint filed by Nakomi1@aol.com

WE ARE DOING ALL WE CAN TO MAKE EVERYONE HAPPY AND THIS CLIENT IS NO EXCEPTION.

I ALSO SEE FROM HER OWN POST THAT SHE HAS REVERSED CHARGES THROUGH AMERICANA EXPRESS. THIS IS THE FIRST I HAVE HEARD OF THIS. THE PERSON WILL NOT NAME THEMSELF IN THIS POST AND THEREFORE WE CANNOT CHECK AND SEE WHAT HAS HAPPENED WITH THEIR ORDER. THE EMAIL ADDRESS USED IS NOT A CLIENT OF OURS.

WE ARE DOING ALL WE CAN TO HELP OUR CLIENTS AND MAKE SURE THEY RECEIVE DELIVERY BY CHRISTMAS. IF THERE ARE ANY CONCERNS OR QUESTIONS PLEASE DIRECT THEM TO ME PERSONALLY AT MARK@AMERICANACOUTURE.COM. I AM HERE TO HELP. HOWEVER, THE CLIENT ABOVE HAS ALREADY REVERSED CHARGES AND THEREFORE, BEEN REFUNDED...

Thank YOU
------
November 23, 2004
Update filed by: Nikomi1@aol.com

I would like to apologize to this site and AC.

I do not wish to participate in any further actions. I desperately needed a cathartic release from all that had happened, and writing it all down helped. Nothing has changed, except my attitude. All I want now is to distance myself from this distasteful experience.

The holidays are a few days away; along with the start of a New Year. And, for the first time, I know one New Year resolution I can accomplish is to not carry this with me into my New Year. I spoke with my credit card company and feel assured that whatever is done or not done, I will not be held liable for any charges. And, I take to heart that I allowed this to happen - so be it. If a refund shows up - great. If not, whatever. If the shirts show up - great. If not, well - … I will not allow it to continue to affect me negatively. I must move on.

Happy and safe holidays to all, wish you all well - truly.

We operate a fashion boutique on the internet. After coming upon Americana Couture’s website we felt that some of their products would fit perfectly with our other offerings. After contacting AC and following several emails and phone calls we were seriously considering placing an order with them.

It was at that point that we received a series of urgent phone calls from Maryanne Chisholm offering special deals on t-shirts at huge savings. The first time, we were told it was because Americana Couture had been offered an incredible deal on Swavorski Crystals. Another time it was because they had received an opportunity to buy a collection of vintage rock concert t-shirts at a great price. Again we were promised additional discounts on the t-shirts if we would wire the money. Each time the funds were wired. Once again, we were contacted by AC and told that they had the opportunity to buy out a complete collection of rare, vintage rock concert shirts from Canada at a close out price. We were promised that we would be given first choice of the lot... we were even promised that we would receive the ultra-rare original Rolling Stones Forty Licks t-shirt that was coming with this group and that the special discount price would be retroactive to our first purchase; but this time, we were told the matter was so urgent that we were instructed to send the funds by Western Union. We were promised "extra shirts" to make up for the added cost. The money was sent by Western Union.

With that you would expect we would get at least three packages full of our purchased product....however, Maryanne claimed that the first order that they had shipped to us had been sent back to AC because "they made a mistake with our shipping address." She promised us that the first package would be sent to us the moment it returned to them... (to this day we still have seen nothing of that first package). Weeks went by and in response to our concerned calls Maryanne asked us if she could ship our order in partial shipments and we agreed. One tiny postal box with 13 smashed shirts finally arrived (some of which we hadn’t ordered). None were the rare vintage rock shirts.

Weeks turned into months and still the rest of our order was nowhere to be seen. By this time Maryanne gave us a tracking number for a third package (which was supposed to contain the rest of our order). It never came. When we tried to track it we found out the number was marked "invalid" in the USPS system. We called the Tucson post office as instructed by AC and learned that the Postmaster had three other complaints from customers who hadn’t received their goods sitting on his desk.

At that point we noticed on the AC website claims of some ongoing "harassment"directed towards Americana Couture. Naturally wanting to know more we eventually found traderlist.com. As we read case after case it became clear that others were alleging that they had suffered similar treatment, had been given identical excuses and were in the same situation we found ourselves in.

In our case, we had wired a total of about $5000 to Americana Couture. To this date we have only received 13 t-shirts valued at about $15 each. Soon our communications switched from Maryanne to Mark Chisholm. He claimed that a complaint we filed with the BBB was "interfering with the ability of Americana Couture and the Chisholms from tracking our package or giving us a refund for the goods we had never received." His terms were that we sign a statement to the effect that we were satisfied with their service and that we would give them our full cooperation in the search for our missing goods. We felt this demand was completely absurd. We have been, and always will be, willing to cooperate with AC after a refund is in hand, and after we have proof that shipments really had been sent.

In an attempt to get our money back we tried the following steps and organizations:

We tried the BBB....nothing (although we learned of more existing cases and more alleged losses).

We tried the Postal Inspector....nothing (after waiting the required 45 days following the submission of our claim a postal inspector contacted us and according to them they couldn’t find any evidence that AC had ever used the US Postal Service; therefore the Postal Inspectors couldn’t pursue mail fraud charges).

We tried the FBI...bingo! We have been in contact with agents that have been tracking the activities of the Chisholms and Americana Couture. Unfortunately at this time, due to the demands of homeland security, agents are not available to go after white collar crime. During those discussions we learned that there was a very real possibility of obtaining justice, not just for us, but for all the alleged victims. It’s called the civil RICO Statute.

The civil RICO (Racketeering and Organized Crime) statute has teeth. It allows attorneys to join small individual victims together as a class and file an action for and in behalf of the entire class. It allows for triple damages and the RICO statute allows seizure of property. Under this statute, anyone associated with an activity that is determined by the court to be an ongoing criminal enterprise may be subject to its penalties and forfeitures. (My interpretation not an official legal definition) The beauty of the RICO statute is that even if you lost $20, $50, $200 or $5000 you can become part of a class action. If Americana Couture’s alleged victims were to join together it would be possible to hire an experienced Arizona attorney who has had success in pursuing civil RICO cases. An attorney may require that they be paid up to half or more of any recovery. We all may be required to pitch in to pay an up front retainer. In order to qualify to file under this statute something like six alleged victims are required...although more are welcome to join. As individuals we are often powerless to do much; but as a class it may be possible to obtain the justice that has thus far eluded us.

If the court so rules, Americana Couture and all those associated with it may be forced to not only make full restitution, they could face triple damages. If my understanding of RICO is correct, bankruptcy will not shield the defendants from seizure of personal assets.

Alleged victims who want to join in that effort are welcome to contact me. It is essential that we move swiftly. We have every scrap of correspondence, wire transfers, instructions etc. that ever transpired between our company and AC. If you want to join in this effort you will need to gather all the evidence you can find that documents your loss and what persuaded you to send your money to them. There is no guarantee of success. But the alternative is to let these people get away with what has been done to each of us and, perhaps, will continue to be done to countless more.

Of course, if Mark is serious about finding a "friendly" solution that doesn’t require our signing away our rights, we’ll be willing to listen.

Respectfully,
Mills Crenshaw
mills@networld.com

Michelle

Good luck and thanks!
Kelly Geiger

I HAVE OFFERED TO WORK THIS OUT PEACEFULLY WITH MR. CRENSHAW AND MR. CRENSHAW HAD REFUSED TO TALK TO ME AND DIRECTED ME TO HIS LAWYERS WHO I FOUND OUT WAS NOT ABLE TO PRACTICE IN ANY STATE OR CITY.

MR. CRENSHAW HAS ASKED ME TO CONTACT HIM DIRECTLY AND I HAVE AND I WOULD LOVE HIS THOUGHTS ON HOW TO RESOLVE THIS MATTER IN A PEACEFUYL MANNER.

PLEASE EMAIL ME DIRECTLY AT MARK@AMERICANACOUTURE.COM

THIS ORDER HAS BEEN REFUNDED ACCORDING TO OUR ACCOUNTING DEPARTMENT. WE ARE UNABLE TO REFUND A SECOND TIME.

THE OFFER IS STILL OPEN FOR PRODUCT FROM AMERICAN COUTURE THAT WAS OFFERED TO MRS. OSBORN EARLIER.

Thank YOU

As for the shirts, I can only hope - but well, I think I wrote it all last nite in my post. I was apologizing to both you and the site - but, I wanted no part in further action. I can't take anymore, and I have to get on with my life. I am deeply saddened by the events, but the incessant emails and promises have taken its toll. I hate to even go online anymore or check my regular email for fear of having to continue with more emails.....when the shirts didn't come by the time I went to Hawaii, and you didn't respond back to me (to the email below dated 11/16) - I'm sorry, I lost it - it took me 8-9 months but that "broke the camel's" back I guess.

It's Thanksgiving and the holiday season...I need to leave it in God's hands that you will do the right thing, and I just need to move on.

Safe and happy holidays to all,

Joyce

As written below, when the credit card companies say you have responded and they turn the temporary credits into real ones - I will consider it "refunded". Again, a "chargeback" is NOT a refund - you have to respond to the chargeback for it to become a real refund.

And, per your decision, then send the Faith Hill in Large as ordered below. I sent you copy of my addendum to post, and will gladly write again when the above is accomplished.

I have just spoken with my American Express - the credit is still pending for me awaiting your response to them. As I told you, just because you got charged back does not mean I have a refund - American Express is giving you (and, hence, me) 6 weeks for you to respond or I will be charged back === meaning, I get charged for no shirts and no refund. You must respond to both credit card companies (saying "OK") for it to become a real refund.

And, the rest still holds - I'll take the Faith Hill in large raglan as ordered and I will append whatever you want when credits are issued officially and shirt is received.

Hope this makes it clearer.

November 24,, 2004 -- The managers of Americana Couture, Mark and Mary Anne (Mare) Chisholm are awaiting trial in Arizona.

Mark F. Chisholm was Secretary/Treasurer of Safari-Media, until he was replaced by a court-appointed receiver. Chisholm and his wife, Maryanne, were accused of the fraudulent sale of over $22-million in unregistered securities in Arizona. Both were ordered to pay $22-million in restitution, and permanently barred from selling securities in the state. On April 24, 2002, both Mark F. Chisholm and Maryanne Chisholm were indicted by a Pima County Arizona grand jury on two counts of criminal bankruptcy fraud, one count of felony conspiracy, and one count of perjury. Trial is pending.

The trial dates and progress can be monitored directly from the site, http://www.sc.co.pima.az.us/concal/search.cfm by typing in the name Chisholm and clicking the box to search all, you will be able to keep track of the trial dates for the Chisholms, managers of Americana Couture. Their first trial date for docket number CR20021306 and case docket number CR20030293 is set for Jan. 11, 2005 in the Pima County Courthouse in Pima, Arizona. The trial will take place in Division 27, Room 578 of the courthouse commencing at 1:30p.m. Mary Anne has another case, docket number CR20013189 scheduled for trial in the Pima courthouse on May 13, 2005. That trial will also be in Division 27, Room 578 and will begin at 1:30p.m.

It's therefore, not surprising that their new venture, Americana Couture has had a host of problems. The Better Business Bureau rates the company as unacceptable and has this to say about it: "We rate this company as having an unsatisfactory business performance record based on a pattern of complaints which cause us concern."

"Most complainants allege non-delivery of ordered products, despite the fact that credit cards are charged immediately after placing the order. Some complainants allege the company contacts them to report delays in order processing, while others had to initiate contact with the company themselves, only to find out the company was delayed, or they were told items were lost during shipping. A few complainants are offered a free gift shirt for their troubles, but customers report these items are not received either. Many customers complain that refunds are not issued after canceling orders, despite numerous promises from the company."

Sandi

OK - Last email and please respond to my husband @ LeeKollath@aol.com --

I emailed you specifically (before) to NOT mess with my daughter - Sandi ORDER #9812. She waited and waited - yes, she cancelled after 7 months because of what I experienced. So, she received NO shirts and still has a charge on her card. The VERY LEAST you could do would be to send on your letterhead to her that you have been charged back for her stuff, so that she can pass along to her credit card company who is not giving her a credit because of the time lapse.

You do realize that she is part of the my post and I will not make an amendment until ALL is cleared.

Joyce

I would like proof from you that: "I am sorry...3 days after we completed your refund we were contacted and told that a chargeback had been initiated by the customer and we were not to issue a credit. Our credit at that point was rejected due to the chargeback." --Send me proof that you completed my refund, were told not to issue a credit and that the refund was rejected!!! There was a time lapse of an entire month from the time one of your employees said I was given a refund and the time I wrote a letter of complaint to my credit card company.

I DID NOT "CHARGEBACK." I submitted a LETTER to my credit card to DISPUTE the payment I made to you through my card. I did not charge you back for anything. And according to my credit card company THEY HAVE TAKEN NO ACTION.

THEY HAVE NOT CHARGED YOU. And unfortunately, may not be able to help me now that it's been over 6 months since my original transaction date.

I would like proof that you made a refund, because all I have is the email from Ann saying it was done in October, and no refund activity on record with my credit card.

Sandi.

It appears you are a bit confused. Sandi did not charge through Amex, and her credit card company did not even put through a chargeback === > SO, what on earth are you talking about?

She is right, show her the proof. After all, I have seen no FREE shirt come in the mail, ample time has passed - as well as the absence of a credit on my card.

I would suggest more time actually working on the problems and less emails. Like I said, action on your part is severely lacking.

First, I want to be perfectly clear about our efforts to get this straightened out months ago. You have asked that anyone considering legal action contact you first. Mr. Chisholm we have tried that in the past with no results. I have attached a photo of our certified letter proporsal that we sent you on August 18th, 2004. (Traderlist has a copy of this.)As you can see it went unclaimed and returned. This was a follow-up to emails we sent to you regarding a relsolution. We mailed a letter to you only after you demanded in an email, no contact by telephone or email from us. You never attempted to call, email or write for months... (We're still waiting for Mary Anne's promised "binder" of paperwork providing proof of purchase orders and receipts relating to Swarovski dicounts and Canadian vintage rock concert t-shirts) so this "peaceful resolution" you insist has been taking place leaves us feeling sceptical.

With that in mind, I considered further attempts to contact you a wasted effort until I spoke with another previous merchant customer who seems to have been taken advantage of, but in this instance has been receveing payments from you as a refund for the the money wired for purchasing AC t-shirts (most of which never arrived). They indicated that you have made two out of three payments, as agreed, and that the third payment was due on the day we called. They also said that when and if you fulfilled that commitment they would post a letter to that effect on TraderList.com.

That was the first positive report we've seen in this whole sorry mess. If you are serious about working out a solution here is what we propose:

1. You agree to repay the amount we sent you including wire transfer charges (minus the 13 shirts that arrived) in five payments.

2. The first payment of $1,000 to be paid immediately in good funds by cashiers check or money order.

3. A similar payment is to be made each month for the next three (3) succeeding months.

4. The final payment shall be made at the same time on the fourth month less the value of the thirteen shirts we did receive.

If you agree to these terms, and comply fully, we will do the following:

A) Cease all efforts toward a class action against you.

B) Refrain from participating with any other groups in their collection efforts.

C) The moment the final payment is made give you a full written release and a satisfaction of claims.

D) Upon satisfactory completion of this agreement we will post a letter in any forum of your choosing to the effect that you have satisfactorily fulfilled your obligations to our company. At that point all parties will be released from liability.

Let us know your response by email or telephone directly to me by TUESDAY NOV. 30th, 2004.

IMPORTANT:

*If you fail to respond there will be no further negotiations.

*If you fail to make any payment as agreed it will be considered a willful breach of the agreement and evidence that you have no intent to resolve this matter short of a class action.

*There will be no public statement of an agreement until all conditions have been met and all payments made.

*We will keep a diary of all correspondence as well as all actions taken by you in regard to this agreement. If you fulfill the terms of this agreement that diary will be made public to your benefit.

*If you breach this agreement or fail to live up to these terms such breach will immediately be made public and used as evidence in the class action.

*Any acceptance by you must include the terms and conditions, substantially as set forth above. We are not interested in protracted negotiations or a set of watered down conditions.

After talking with federal authorities and getting input from a variety of sources, we are considering joining in a civil RICO class action against Americana Couture, you and Mary Anne as individuals and each and every member of your organization including Herbert & Jane Allen whose bank account was used to transfer funds.

Mr. Chisholm, you are being given this one chance only because one of your victims has stated that you met the terms and conditions of your agreement with them. We believe we have found a method of obtaining justice not only for our company; but for all your victims as well. Do not misinterpret our being willing to explore this one last chance at a "friendly" resolution as a lack of resolve. The preliminary research has been done and we are prepared to move with dispatch.

Mills Crenshaw

No refund has posted to my account to date. Please provide proof in writing of said refund. I am not interested in merchandise nor am I interested in being refunded a "second" time. I am merely interested in one refund for merchandise nor received or proof thereof.

Kristin Osborn

The FedEx lawsuit (Case number C2004-1846, Arizona Superior Court in Pima County) was closed on Sept. 8, 2004 with a default judgment of $27,515.87 against Americana Couture and Maryanne Chisholm.

The Airborne Express suit (Case Number C2004-3375, Arizona Superior Court, Pima County) was closed on Nov. 18, 2004 with a default judgment of $16,686.81 against Lisa Keil and Americana Couture as the defendants.

You can confirm the existence of the law suits at this URL: http://www.cosc.co.pima.az.us. Click on the Records Search link in the lefthand column. Then search by the case numbers. The actual court documents are not available online, but can be read at the Public Records section of the Pima County Clerk of the Court's office.

It looks like the Chisholms are down to licking stamps to deliver the goods. And the Postal Service doesn't let you run up a tab.

Unfortunately, the online records search at the Clerk of the Court's web site does not include the ability to search for criminal cases. But there has been additional movement in the criminal trial against Mark and Maryanne.

The trial in the Chisholm's criminal bankruptcy fraud case (Case number CR2002-1306)is set to begin on Jan. 11, 2005. In her most recent motion to the court, Maryanne is asking the judge for permission to use a defense of "drug-induced temporary insanity." The judge is considering it.

Melissa Nunes

1) I publicly said we charged back based on your word, before my daughter even heard back from her credit card company which was a few days ago. That was a mistake I could correct if you wish - publicly I mean.

2) The chargeback from American Express was from an order place in October. My ORIGINAL orders placed in February and March of 2004, I NEVER CANCELLED NOR CHARGED YOU BACK on those orders which were paid to you via MasterCard - an order totalling close to $300 from three orders. So, first you email me saying I'm due two shirts, then one and now none. The gift shirt WAS part of the ORIGINAL deal. I never expected a gift shirt from the October order. This is a mistake on your part now - which I could also publicly state if you would like.

I am very clear on what orders I placed and the money you received. I waited over 6 months and did not charge you back on those orders and now you want to take back any gift shirts -- meaning you did not even appreciate the fact that I did not threaten or charge you back. On top of which, my daughter already told you the credit card company DID NOT CHARGEBACK because they couldn't even figure out how to - and you still won't provide her proof that you even got charged back.

Do you really want to travel this road?

If you really want to make good, than please do so.

December 2, 2004
Update filed by Nakomi1@aol.com

Dear Mark,

Sorry you feel harrassed - but you still neglect the real issues. I guess, reading below, I would have been better off doing something 4 weeks after I placed my orders. According to the email I received, I was to get "my choice" in shirts. No worries, I was right all along.

You only need to respond as to where my daughter can send the letter from her credit card company saying they never charged you back? Address please? And, this is my last mail - so, please send to Sandikiyomi@hotmail.com

You make me feel like I have added a burden to your life or as if I'm trying to "do" something to you. Why? I've shown you your own emails which led me to believe what I would be getting, what I was promised to get - that I was not attacking, just notating fact. I don't understand why you are being so mean and flip with me.

Anyway, did you send an address for my daughter to send you that information letter? She's at Sandikiyomi@hotmail.com .

Oh, and I just spoke with American Express (my husband's order from October, nothing to do with my February Mastercard order) -- they said they did not charge you back. They just sent a letter to say the charge was being disputed. She said she would resend another letter making clear what action needs to be taken for the amount to be refunded to me. Just FYI. No threat, just FYI.

Also, I have not posted since we started this email debate - but, you must have noted that Pat has been included on all my emails. (Since this email, Joyce has given me permission to post all of her messages to Mark.)

I am not trying to harass you, it was always about just making things right. I know you don't want anymore mail, and neither do I. I imagine you will do whatever it is you feel like in the end, regardless of any of our feelings.

So I will stop writing and bothering you. Just please send the info to my daughter - please.

Thanks,
Joyce

Sincerely,
Jackie Ekstrom
Owner
TigerLily

Just like everyone here before me I ordered $180.00 worth of shirts in February 2004... and guess what...all I have received is a bunch of lies! Promised many refunds and shirt delivery stories, but there is nothing in my hand but hot air! My last email from Mark stated that he had closed my account because I had become abusive! If his definition of abusive is demanding something that you paid for 9 months ago, so be it. I am ready to get on board with eveyone here and see him in court.

FYI..just noticed that QVC is selling some of their merchandise....perhaps they need to be allerted to this companies wrong doings!

Sandi

"Dear Mr. and Mrs. Smith:

I have already emailed you in regards to your refund please stop emailing me. Your future emails will be deleted and not read."

More lies from him since I have never received any e-mails reguarding my refund!

All I want is my $187.00 refunded ASAP!

I have filed suit with FBI Fraud department and plan on taking this as far as it will go!

This has been going on now since February 2004!

This is outragious!

Melanie McMillen

I too have had a year long ordeal with Americana Couture and cannot seem to get any resolution despite numerous e-mails and "promises" from their customer service (Maryanne) dept.

I ordered a t-shirt in December 2003! Without giving you all of the details, I never received the shirt, I was promised a free gift shirt for my "inconvenience" I never received either of the shirt though my credit card was charged.

After an entire year has passed, their excuses have ranged from UPS stole a bunch of packages to they were the victims of a huge internet smear campaign to the shirt was shipped to an address 30 miles away from me with no similarities to my address whatsoever.

I finally filed a claim with the better business bureau in December 2004.

This has been the worst online shopping experience I have ever had.

You can contact me at dh_white@bellsouth.net

Good luck.

Pam White

I ordered a few products totaling $80.65 on February 16th, 2004 and was told that I should expect them "no later than the 12th business day" after the order was placed on that date. On 3/30/04, I received an "update" on my order, which was really just a bulk email to every customer, apparently addressing/responding to "several thousand letters we have received in the past few weeks" regarding delayed merchandise. They even promised free merchandise to consumers waiting more than four weeks for their items, but this would be merchandise I would never receive either. On 4/07/04 I received another email that appeared to contain shipping information, but stated "This order was reported lost by shipper, we have scheduled reshipment - please check the schedule above." Alas, there was no schedule given in the email. This entire time I had been emailing them but had not (yet) received a personal response from them--only these vague, confusing emails. On 4/30/04 I received a similar email, stating that it contained shipping info, but it had no tracking #. I never received the items and continued to try to contact them by both phone and email. They state they have "live" support available during their 9to5 Mountain time hours but I have never been able to reach anyone and they have not returned any of my phone calls to the company. On June 1, 2004, an individual finally responded personally to my email inquiries by stating the following "I'm terribly sorry you have not received your shipment yet - Your tracking was generated but I believe there is a label print error. I am sending this over to production to get your order pushed through this upcoming week." She also reiterated the free merchandise offer. I still never received the items so I once again emailed them. Their next response came on June 8, 2004, which was a mass/bulk email claiming some internet assault on their company. I continued to attempt to gain some personal response from the company to no avail. Also, these vague supposed shipment emails without tracking numbers at one point switched my original order total from $80.65 to $80.54--even though the merchandise had not been altered and the original charge to my card was for $80.65. I looked them up on the BBB website and was very discouraged to see their poor rating. I decided to finally request a full refund and on 9/16/04 I heard from someone stating the following "We have issued a credit with our merchant bank. Please note, we have changed merchant banks, in the event this credit does not post within 7 days please file a dispute and we will affirm the charge in order to ensure prompt credit to your account." Of course, I didn't realize at that time that most banks allow only 3 months for credit card disputes post the original order date--whether the company exploits this fact or not is unknown to me and I can NOT and really can't speak on this subject--but it naturally and understandably IS of concern to me. Needless to say, I have received no refund since then despite numerous phone calls and emails. I filed complaints with the BBB and FTC and was very upset that the company told the BBB that they refunded the money to me when they had not. Therefore the dispute remains unresolved. On 9/21 they sent a mass email stating they were "back to business!"--which struck me as more frustrating than reassuring. If they were "back to business" (whatever that means) on 9/21, then why are so many of us STILL waiting for refunds/resolution of our charges? I emailed again on 11/01/04 and received an email the next day stating I would hear back in 72 hours--but I heard back on 11/13/04. This time I was told again to file a dispute with my credit card company but he also added "I will be cutting refund checks in December...". I emailed again and received a response 1/05/05 stating the following: "I wanted to give you an update on this and I am sorry for the delay in sending out your refund. The refunds are still coming they have just been pushed back to after the holidays. This is a very busy time and we are working diligently to make you happy." Happy? I don't think so. I emailed him back and cited much of the aforementioned info, requesting a response, only to receive an email stating "Your order should go out next week by January 14th 2005. This is my best guest on delivery.I am sorry for the delays. We have been a little slowed down do to shipping of our shirts,Swarovski crystals, rivets and so forth due to the weather delays in various parts of the USA." And it also offered $50 in free merchandise. ??? I want a REFUND, which I have stated clearly. And to blame almost yearlong delays on weather NOW? Shipments lost, misprinted labels, internet assaults, etc... Hmm. This all made me wonder if I was receiving a bulk email of some form, so I responded, again requesting a refund,... Guess what? I received an identical email to the one cited above from 01/05/05. So, alas, no answer. I have emailed him and stated that I give them 7 days (as was the time period they cited to me back in September) to credit my purchase. At that point I intend on posting back on this site to let everyone know if the situation has been rectified or not...as I want to make sure that the entire story is told in this forum.

I feel that this situation is highly irresponsible of Americana Couture. The individuals that have emailed me (Mark and Maryanne) have been (in general) relatively pleasant (in emails--as I said, no phone calls have been returned), but it really can not make up for the fact that this has been such a frustrating ordeal. I simply want my refund that I am owed and I hope that Americana Couture--if they remain in business--do not put future customers through this unfortunate chain of events. As I stated in an email to Mark yesterday: "The money may seem like an insignificant amount, but the principle of the matter comes down to ethical and responsible business practices. Issues that I hope americana couture values and upholds--but I have no evidence of up until this point." I will send an update if they refund the money.

Thank you for providing a place for us to feel like we're not alone!

TH

Donna Dippel

----- Original Message -----
From: Mark - Americana Couture
To: Mills Crenshaw
Sent: Sunday, December 05, 2004 1:07 PM
Subject: Re: SETTLEMENT!

Dear Mr. Crenshaw:
This is our only settlement options..no negotiations on this matter. We will send the first check pament out next day air on January 2nd 2004 and follow this payment plan.

-JANUARY 2ND 2004 $1000
-FEBRUARY 1ST 2004: $1000
-MARCH 1ST 2004: $1000
-APRIL 1ST 2004

The final payment shall be made at the same time on the fourth month less the value of the thirteen shirts we did receive

Thank YOU

<>M<>
--------------------------------------------------------

When the 2nd of January came and went with no overnight payment we sent this follow-up email:

----- Original Message -----

From: Mills Crenshaw
To: Mark - Americana Couture
Sent: Thursday, January 06, 2005 12:39 AM
Subject: Re: SETTLEMENT!

Mark,

Today is January 5th, 2005. In the attached e-mail you stated, "We will send the first check payment out next day air on January 2nd 2004 and follow this payment plan.

-JANUARY 2ND 2004 $1000
-FEBRUARY 1ST 2004: $1000
-MARCH 1ST 2004: $1000
-APRIL 1ST 2004 The final payment shall be made at the same time on the fourth month less the value of the thirteen shirts we did receive"

NOTHING HAS ARRIVED: Please e-mail the next day air tracking number to verify that you kept your word on this matter.

If we do not hear from you, or, if the tracking number does not prove to be valid, we will publish your "promise" together with a warning that your statements to the effect that you want to achieve a "friendly" settlement are as bogus as all your other postings. We will also publish instructions on how other victims can join a RICO class action.

Most resolutely,
Mills Crenshaw
-------------------------------------------------------------

This is his reply:

----- Original Message -----

From: Mark - Americana Couture
To: Mills Crenshaw
Cc: mills@networld.com
Sent: Thursday, January 06, 2005 7:11 AM
Subject: Re: SETTLEMENT!

Dear Mills:

We have been advised by counsel not to speak with you.

We do intent to honor and will honor complete repayment of all funds due despite your threats and unwillingness to assist us in recovery of packages or further information on this matter.

I would suggest that you please wait until Friday of next week for the arrival of your check.

You are not an attorney, your not liscensed to practice law as an attorney and you have no legal right to solicit business for a "RICO CLASS ACTION LAWSUIT". This is a small claims issue and if you continue to harm or attempt to harm Americana Couture we will proceed with legal action with an actual attorney against you as we have ample evidence to show that you have encouraged the disruption and harm of our employers day to day operations through numerous agencies and online postings.

Thank YOU

<>M<>

www.americanacouture.com
---------------------------------------------------------------

Friday has come and gone and no payment.

A word about Mark’s threatening comments: No, I’m not an attorney. I am not licensed to practice law as an attorney; but then I have never pretended to be, nor have I held myself out to be a “legal department” of a business as it appears Mark has done repeatedly. Further, I am not “soliciting business” for a RICO CLASS ACTION LAWSUIT as Mark has accused. However, I do have the right to communicate with fellow victims. I have the right to suggest that we band together in sufficient strength that we can hire an attorney who understands Civil RICO actions. Mark claims this is a “small claims action.” Apparently, his plan all along was to defraud us as individuals and then claim we had no rights as a group. I think he will find that he is wrong. It is my belief that he crossed the line into criminal conspiracy. The only way for us to find out if that belief is correct is to band together as a class and hire the toughest, no holds barred attorney we can find.

What are your thoughts?
Mills Crenshaw

1 year later - no shirts no refund. I have saved every e-mail and piece of correspondence regarding this fraud of a company and I am willing to contribute to and pursue legal action against them. Please advise me on what I need to do. Is there any way to get my money back????

I just checked your site, and am disheartened to see more people unhappy.

To close up my story, no thanks to Mark - American Express sent me a letter saying that despite no response from AC, they were issuing me a credit back to my account solely due to the fact that I have been doing business with them for over 20 years.

Oh, and my daughter also - but not due to anything Mark had done. And, of course, I did not get a free shirt for all the time and emails I lived through.

I'm afraid that these people know just how to stay "under the radar" of being prosecuted. As the LA guy had told me, they really couldn't push if it was under $400 - at least in his jurisdiction. Except for that one person, all the people on the site fall into that category. (*Note from mediator..we have complaints in our files from victims who have lost $10,000, $5000, $1000, and also lesser amounts.)

It's so frustrating, but I hope people keep in mind - what goes around, comes around. I truly believe that - it may take awile, but people like that don't ever really get away from what they've done.

Anyway, keep up the good works - people do need a place to vent and thank you for providing the medium.

Joyce

I was reading this article and it could have been me that wrote it. I am so frustrated at this point I will do anything to help. Just some facts. I have all emails to back this stuff up. Original order February 13, 2004 Many excuses months later as to why I didn't receive my merchandise. Something about unforeseen circumstances, etc.

Well, I was patient to a point. Was given another delivery date. I was unable to ever track the USPS number. Promised many delivery dates.

At one point was told that credit was put back on my card. It wasn't.

Maryanne herself said that she was sorry for the inconvenience and combined my orders into one. Never received those items. The combined order was November 17th. She said that I would have the shirts before Christmas. Emails sent to them were for the most part never answered. The website link to check status didn't work.

No one ever answers the phone. The standard email reply is that they will reply within 72 hours but no one doesn't.  I really thought that this was a joke. I was also given 2 free t-shirts for the inconvenience but of course have never received a thing. I threatenend to call Consumer Affairs.

I was sent an email saying that anyone who threatens their company they will no longer do business with and they will show consumer's the receipt of my refund. I asked for proof of my refund and no answer back once again.

Help!

I didn't think that I was the only one in this.

Regards,
Annette Roman
-------
May 27, 2005

Update filed by: aroman9@sbcglobal.net

After 1-1/2 years I received my 5 t-shirts in the mail today. I can't believe it but they really arrived. I received an email from Mark last week saying that he was working on my order. I am putting this to rest now.

Regards,
Annette Roman

"Well you may be wondering what is going on here...well here it is in a nutshell.

This last year has been a tough one with--cyberstalking by a past client who was paid back in full plus we had to take legal action, postal delays during the holidays, refunds gathered fraudulently by past clients who has already received goods, a particular website spreading negativity and half thruths that we had removed at least 3 seperate times (*Note from Mediator.. This is not true. Mark had Traderlist removed from the Internet once. Actually the site was down twice, but the first time, the host sold his business. The second host was threatened by Mark, and wasn't willing to put up with the threats. Traderlist now has a dedicated server which Mark has no control over)...and now we are under new ownership,(This is interesting, but not true!) which has shaken everything up and turned us upside down...but this is not your problem you are a client asking a question.

We want to answer our clients to the best of our ability and let you know your important. You may not always feel that way but I do my best to communicate and answer all questions I can.

You can request a refund and expect to be refunded in full within 30 for amounts under $200.

You can request a refund and expect to be refunded in full within 60 days for amounts between $201-$500.

If your refund amount is more than $500 please contact Mark@americanacouture.com for a payment plan that will take care of your refund in full.

IF YOU PAID WITH PAYPAL FOR YOUR ORDER INTITIALLY YOU HAVE ALREADY BEEN REFUNDED THROUGH A REVERSAL THROUGH PAYPAL. PAYPAL REVERSED ALL OUR CHARGES SO THEREFORE IF YOU PAID WITH PAYPAL YOU HAVE ALREADY BEEN REFUNDED IN FULL.

If you have any questions about your particular order please do not hesitate to email me directly.

Thank YOU
<>M<> "

My order falls into the "under $200" category, however I honestly have no reason to believe that I will receive my money back in the next 30 days as they won't respond to my bank or my own specific inquiries. I don't have any interest or reason to believe any of the excuses stated in the email--like Mark said: those are not our problems. We just want the money back that was taken from us. Despite this, I thought his email should be posted just in case not everyone received it and to make sure that "their side" is adequately presented on here. If there's no refund sent to me in the aforementioned time frame, I certainly think there are enough wronged customers and enough evidence--particularly with this last email--that we would have sure footing to pursue legal action. Thirty days from 02/03/05 is what they state, I will write back to let you know what happens.

Thank you, TH

DAVID PITTMAN

It has cost county taxpayers $575,000 to defend a Tucson couple charged with failing to disclose assets to a court-appointed receiver - part of a tangled case involving allegations that the couple lived lavishly while the company they ran defrauded investors of $21.5 million.

It is already one of the most expensive publicly defended cases in county history, and there are scores of charges left to settle.

A judge is expected to rule today on four charges against Mark and Maryanne Chisholm. The couple waived their right to a jury trial on those charges.

Maryanne Chisholm is charged separately with more than 100 counts of illegal sales of securities, three counts of fraud and one count of illegally conducting an enterprise in connection with the firm she headed, Safari Media. That trial is set to begin in May.

She was Safari Media's president and chief executive officer.

A 12-day trial that ended last week in Pima County Superior Court involved only the state's allegations that the couple failed to disclose ownership of a house in Tempe and paintings they bought for $485,000.

They were accused of withholding the information from a receiver appointed by Maricopa County Superior Court. The Maricopa County receiver was appointed in connection with a federal bankruptcy filing.

If convicted by Superior Court Judge Christopher Browning, they face a minimum of probation and a maximum of 12 1/2 years in prison.

The Chisholms sought and were granted publicly paid attorneys. Chris Kimminau is representing Mark Chisholm and Andrew D. Diodati is representing Maryanne Chisholm.

The $575,500 spent defending the Chisholms as of the end of January exceeds the previous high of $340,000, spent in the Anthony Gay homicide case last year, said Phil Maloney, who heads the county's Office of Court Appointed Counsel.

Why is defending the Chisholms so expensive?

"The primary reason is that these types of cases are very document intensive," Kimminau said. "There may have been as much as 9,000 pages of disclosure in this case alone."

The defense lawyers are being paid $60 an hour.

"That is not unreasonable for a case of this nature," said Maloney, adding that a majority of the money has gone for experts, paralegals and investigators.

Maloney said a public defense must be provided to the Chisholms. "They don't have any money so the county has to pick up the tab," he said. "State money is funding the prosecution and county money is funding the defense."

John R. Evans, the assistant attorney general prosecuting the bankruptcy-related case, maintained the Chisholms withheld information about their ownership of three paintings and a Tempe home so they could continue to live beyond their means after bankruptcy.

"This case is about a lifestyle and the effort of Mark and Maryanne Chisholm to maintain that lifestyle," he said.

Kimminau countered that the Chisholms did not hide ownership of the Tempe home, which he said they legally signed over to a person living there because they could no longer afford to make the payments.

As for the paintings, Kimminau says, the couple didn't misrepresent their ownership; they just didn't volunteer it. "It's our position that that is not a violation of the law they were charged with," he said.

Prosecutors allege Safari Media - which sold itself as a large software development firm that also operated a music division - used investor money for lavish rave parties, shopping sprees, homes, vehicles, art, jewelry and clothing for themselves and their employees without producing any real product or service.

A key witness in the upcoming case against Maryanne Chisholm is Thuc Nguyen, who is serving a five-year prison sentence in Utah after pleading guilty to securities fraud for his part in luring investors to Safari.

Nguyen, who is hearing impaired, was accused of selling more than $500,000 of unregistered Safari Media securities to deaf people in Utah.

Daphne Stauffer

In the fall of 2003 i ordered a T shirt from Americana Couture as a Christmas gift for my daughter. After a few weeks i e-mailed A.C. stating that i hadn't yet received my order. They replied that UPS never picked up the order at the warehouse and she would put it in the system again...weeks later still nothing..i e-mailed again, which started the well known excuses about UPS workers stealing hundreds of orders etc. i kept e-mailing through the new year and getting all the typical excuses and the promise of a free shirt. i never gave up complaining. Finally in March of 2004 i did receive my order and the free shirt was enclosed. SURPRISED? i was too...i really loved the shirts and now believed all the reasons the Chisholms had given me for the past delays. i thought ..this could never happen again... So, i put in another order in April 2004 and so did my daughter as a gift for me this time. Well, it did happen again. All the same promises and lies started all over again. but this time nothing has come in ten months time and i know now it never will.

this is the last of 24 e-mails i received from Americana Couture starting on April 24th 2004 ending Feb. 7, 2005:

"Hi Brenda
We have filed a lost package form and hope to have either a rejected shipment notice or confirmation of final delivery this week. Will you please keep me advised if something happens on your end?

Kindest regards

Maryanne"

Many of the people who have posted are not actual clients of this company, and are not names known to us. I do not know how or what name you or your friends have pretended to use to waste the time of this company in your recent posts, but it is unwarranted and cruel. The reason so many complaints look the same is because a very small group of calculating people have posed as different individuals online using names we do not know, and are refusing to speak with us. This company *is* under new ownership, and further - this company still maintains an active lawsuit against both you and Traderlist in the US District Court. Please have at the least the decency to post this comment so the court, and our real customers can see that we have made this opinion known. We have had letters from many people who have claimed they have tried to post supportive letters on this site and have been refused or denied this opportunity.

-Maryanne
Americana Couture

Give me a break!! How much of what you say do you think I am going to believe? Don't you think I also have done some research into this matter? Don't you think I have talked with individuals who have been very helpful? I find it interesting that in the past year since we have been dealing with this matter, this is the first time you have written to me...all other correspondence was with Mark.

New ownership?..Really!!

I will be happy to post your comments. I have posted everything that has come in to me, and will continue to do so. Having your comments posted invites rebuttal which is so important for the reader. I will post this message as well, and anything else you send as well as our responses.

As far as any pending suit against Traderlist, our attorney is still waiting for information. We look forward to dealing with you in court. But don't plan on being any luckier than you were with the latest ruling.  (*See link above concerning conviction.) You have hurt many, and justice will be served.

Sincerely,

Pat
Internet Fraud Mediator

*Note: No lawsuit has been received by Traderlist's Attorney, or by me. Traderlist mediators have not made up any of the information that we have posted by other individuals. All responsibility for the postings lies with the poster. We have all IP addresses, and if subpoenaed, we will share them. The posters have saved email correspondence which they will also share with the authorities.

Received this today from Mark @ Americana Couture.

"I have seen your posts on Traderlist and at this time we require confirmation of your removal of all posts from Traderlist ,since as you know we are in litigation with Traderlist. We look forward to working to resolve this matter in the future."

Thank YOU
<>M<>

Mark, REFUND MY MONEY and then my post might be removed.

*Note from mediator: no litigation exists.

The Chisholms continue to repeat their worn out claim that they haven’t fully repaid us because we “refuse to help them with their claim against the post office.”

(A) We have no obligation to help them. As the shipper the responsibility to turn in a claim is entirely theirs. The Postal Service has very clear and easy-to-follow instructions for putting in an insurance claim. You fill out a one-page form and turn it in to your local post office. I believe even the Chisholms can manage that without our “help.”

(B) Postal Inspectors told us that there is no evidence they ever used the mail.

We have written and sent a letter to the representative of Pima County Adult Probation who is preparing the Pre-Sentence Report for the Judge in the Chisholm case. We encourage anyone else who has been victimized by Mark, Maryanne and/or Americana Couture to do the same.

Mills Crenshaw

*Note from Mediator:
Letters from victims should be sent to pre-sentence investigator.

Jane Lowry
Pima County Adult Probation
110 W. Congress, Tucson, AZ, 85701

ARIZONA DAILY STAR
Published: 02.10.2005

2 guilty of fraud for hiding assets
By Patty Machelor

A Tucson couple has been convicted of conspiracy and fraud for hiding assets after state regulators took control of their business under a court-ordered receivership.

The trial was the smaller of two scheduled for this year involving Maryanne Chisholm, who faces more than 50 investor-fraud counts in May.

Chisholm and her husband, Mark, owned Tucson-based Safari Media International, a computer multimedia business that had branched out into running "raves" and marathon dance concerts in Arizona and other cities across the nation.

Rest of story:
http://mobile.azstarnet.com/altds/PDA/metro/60772.html

I want my shirts or my $39 back. And I want their website taken off the internet. They should be locked up for all their lies.

If you want copies of Mark's emails to me, let me know.
---
Response from Americana Couture:

Why do you not post that I am going to do my best to get your shirts to you by March 1st 2005 along with a FREE gift for the delay if you would like...instead of just the negative?
Thank YOU

You already sent me this email message about 2 months ago. (See Feb. 4 message sent to many victims).  I told you at that time I wanted my shirts. You supposedly placed the re-order on 1/31 and were to have shipped the items the first week of February. You really ought to do a better job at tracking the b.s. stories you're sending your customers because as I'm sure you're well aware, your emails to your customers are being used against you in the legal proceedings taking place in Tucson and Los Angeles.

I'd say "go ahead and refund my money" - but according to the L.A. District Attorney's Office - it's not likely that I'll ever receive the refund. It's as equally as unlikely that I'll ever receive my shirts since news reports indicate that you and Mary Ann are due to be sentenced next month in Tucson.

5/1/05 - Placed order with Americana Couture for shirt for $35.99. The order goes through Yahoo business and you can check the status of your order there. My credit card was immediately charged.
6/1/04 - Contacted them to check on status and to take advantage of their promise of a free shirt if your order doesn't arrive within a month.
- In response, I received a copy of my order, updated to include free shirt, showing that my order shipped, and providing me with a tracking number. Unfortunately, the tracking number leads to the USPS site which says they have been notified by the shipper to expect my package for shipping.
6/8/04 - Receive an email from them called "Retail Fulfillment Status - An update for Americana Couture clients." This email talks about how they are restructuring due to a "highly volatile and public internet assault on the company owners, managers and domain."
6/30/04 - Another long email about the damage done by the hackers, and with a new shipping schedule by order number. According the the chart, my order would ship 9/10/04.
8/31/04 - I contact them to see if they are still on the above schedule. Maryanne assures me they are, and to advise her if I experience any delay.
9/13/04 - I notify them that I have received no shipment and that the tracking number I was given *in June* still shows the item not sent. No reply.
9/20/04 - I receive an email entitled "Back to Business," another update about how Americana Couture is recovering from this vicious internet attack. It gives the option to contact them at one address if you still want your order (which I do) or another for a refund, another for returns, etc.
10/1/04 - receive a copy of my order saying it will ship in 2-3 days.
11/9/04 - received "order reset" instructions. I believe this was in response to an email I sent them, but I do not have a copy of that. They tell me I need a new order number, and to reorder exactly what I am owed, plus another $50 worth of product, and with a code I am given, I am not charged anything further.
12/7/04 - I am told that all orders are going to be filled and shipped by 12/20/04.
12/23/04 - I receive a copy of my order saying it would be shipping on 12/28/04.
12/30/04 - I am told the order shipped, but tracking has not updated due to limited holiday hours. This is supposed to be a new tracking number sent to me, because the original one has expired from the USPS system.
1/4/05 - In response to an email, I am told to advise them after the mail delivers on Thursday (1/6/04) if I do not receive my items. If it does not deliver, they will send a rushed, complimentary shipment. Guess what, nothing arrives.
1/7/05 - Maryanne tells me that she will arrange a new shipment after their order arrives on Tuesday (1/11/05), and will I please advise her if the order already sent shows up. In response to this, I ask to receive a tracking number by Wednesday.
1/14/05 - I receive a tracking number (after asking for it) with a copy of my order. Lo and behold, the tracking number is like the one I got in June, which says the post office has been notified to expect to receive this item for delivery. I inform Maryanne of this and she promises that it will deliver in 5 days "at the outside" from when it scans in. She doesn't seem to grasp my point that I want it to scan in! I'm not worried about the USPS delivering the package, I'm worried about them getting it to the post office.
1/18/05 - I receive this response from Maryanne, "It should come on Thursday or Friday, Monday was a federal mail holiday, it actually departed on last Friday which was the first scan day and Tuesday, wednesday, and thursday would be transit days." The USPS still shows that it has not been delivered to them for mailing.
1/21/05 - Still haven't received a package. Here is my tracking number. 01805213907610344079
Sent email promising to take action to try to prevent them from doing this to other unsuspecting customers if no resolution by Wednesday, January 26.
1/24/05 - No response, so I resend last email.
1/25/05 - Receive email from Maryanne...

Dear Teresa
$35.99 has been refunded to your Discover card. If this credit fails to appear within 7 days please initiate a dispute. If goods arrive, please advise immediately.
Best regards
Maryanne

Interestingly enough, my initial purchase was not on a Discover card. They had no way of getting my account number for my Discover card, and I wrote to tell them as much.
Maryanne responds that it definitely shows a purchase with a Discover card, would I like her to get a copy of the original sale from the bank? I respond with the information that I have my statement in front of me showing a charge to a (since closed) Visa card on 5/1/04 from Americana Couture in the amount of $35.99. She writes back that now she sees the problem, she had credited a Theresa in another state. I request refund via check, she asks for my address.
2/3/05 - I remind Maryanne that it has been a week since I gave her my address, please send my check today.
2/4/05 - No response, so I send an email along the lines of...FYI, I will be contacting the Postal Inspector on Monday to begin filing a Fraud complaint.
2/5/05 - I receive a copy of my "order" from them, with the information at the top that " The shipper's tracking number is your refund...." Following the link to their Yahoo order page, it says, "Tracking USPS Shipment - your refund check for $35.99 (the only amount paid) has been sent to your address on file." No tracking number is listed.
2/13/05 - I email Cafe Press, an online t-shirt company that sells some Americana Couture to say that I think they should be aware that this company that they are supporting and promoting defrauds customers. I include the link to Traderlist. They respond that they are sending the information to the appropriate department for them to research.
2/14/05 - Printed and filled out Mail Fraud Report. Emailed Tom Martino Troubleshooter with story of this company.
2/18/05 - filed reports/complaints with
FTC- https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE

Internet Fraud Complaint Center - https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE

National Fraud Information Center and Internet Fraud Watch - http://www.fraud.org/welcome.htm

So that's my story, you can add me to the long list of people defrauded by these thieves. The issue isn't really the $35.99 (although I did really want that shirt!), it's that their website is still up, accepting orders from other unsuspecting customers.
-------
Update: February 28, 2005
Filed by:  tessdan@comcast.net

I was contacted today by Mark from Americana Couture who offered to refund my money or deliver my order. He was very cordial. I asked him to please deliver at least part of my order, and he says I should expect it to ship by 4/1/05. I will update around that date.

I live in Ireland so I thought that perhaps it was the fact that I was an international customer that was causing the problem...but I see from your website that it is a common problem with Americana Couture. I am not willing to let the matter rest so I would be very interested in hearing if there is any actions that I can take to proceed with this matter.

Thank you.
Best Regards,
Donal Ryan

March 9, 2005
Complaint filed by:  Patandsuz100@aol.com

I too have obviously been defrauded. I'm forwarding the last email I sent last night to them. I've called them many times and sent numerous emails.

"Good Day,
I called again today to find out the status of my order. No one returned my call.
PLEASE check on my order and let me know what is going on.
I would like to know when I can receive my shirts.
My account was debited $31.49 on 12/23 for "Buxom Melons."
My account was debited $31.49 on 1/3 for 'Spring Floral' T-shirt.
I purchased these items on your 30% off and Free Shipping special.
PLEASE let me know what is going on.
Thank you.
Susan Hargis"

I ordered these shirts after reading about them in PEOPLE magazine in December. Perhaps, PEOPLE should reimburse us since it was their good name that passed on the info without checking out the vendor!

Good Luck with the suit.
---
March 22, 2005
Update filed by:  Patandsuz100@aol.com 

I just want to let you know that Mark gave me the option of a refund or the merchandise. I chose the merchandise which I received in a matter of days.

I don't know the whole story about Americana Couture, but I can tell you that Mark did everything possible to make me happy in a timely fashion.

I placed our order and our credit card was immediately charged. However the run-around begins. The first problem that we encountered was that they did not have the color crystal we requested and it was on order- this took about a month. We were then told that are order was being shipped but got a bogus tracking number. Then Maryann told us our order was shipped but that it was damaged in transit and sent back to them. She claims that "Industrial Glue" was spilled all over it and it was shredded. My husband even asked her to take a picture of the box and email it to him- this of course did not happen. The next lie was that we were told they were being re-manufactured and we will get a 200.00 credit on our next order. This whole process has been a Four month fiasco. The last lie we were told is that we were supposed to have received our items yesterday. Guess what- No shirts!

During this time we had asked for our credit card to be refunded until actual shipment. Maryann had told us that she would indeed do this for us which was another LIE. After further research we discovered that not only did we NOT receive our refund but we were OVER charged by 300.00.

After doing further research I discovered that they are NOT an authorized Swarovski crystal dealer and are being told constantly to remove any of that information from their site. I also discovered the truth regarding the other pending court cases against Americana Couture and the fact that they fraud practically everyone who is NOT a Celebrity and receiving a shirt for FREE!

It's kinda funny how in the beginning MaryAnn called all of the time while we were in the order planning process. However, once Americana Couture got their money from us we NEVER can get in contact with a human being other than random email responses.

I guess the thing that that gets me the most about the whole ordeal is how cold these people are. One of the shirts we commisioned Americana Couture to make for our store was a Childhood Cancer Awareness Tee. This tee was to help raise awareness and funds for Leukemia research. It just goes to show how heartless these people are at Americana Couture. It's bad enough to steal money in the first place but to steal money from our Childhood Cancer Fundraiser is despicable.

Stay away from this company- I sincerely hope they get everything they deserve!

Also, important to note, that he sent me a ridiculous one-liner email throughout this barrage of ridiculous correspondence claiming I received a chargeback in March 2004. (My order was placed in early 2004.) This claim is ridiculous since they sent me an email on March 30th, 2004 detailing excuses why I had not received my PENDING ORDER. I didn't request a refund until September of 2004, after all of the nonsense excuses that I was tired of dealing hearing from the company. I have sent that March 30,2004 email in the document as well. Another interesting occurrence is Mark's sudden request for documentation/correspondence from my bank. Which is interesting considering that I MYSELF CONTACTED MARK VIA EMAIL ON FEBRUARY 3RD because my bank could not get in touch with ANYONE (!) from the company! My bank told me that no one would answer the phone, return their calls, or deal with facsimiles documenting that I had not received a refund and needed them to comply. A representative from my bank said they had never dealt with a company like this before. So, therefore, Mark continues to utilize stall tactics...and I think you'll see from the emails I'm sending to you that he vacillates from one stance to another on a daily (sometimes during the SAME day) basis! You can feel free to post any of the information in this email or the attached document. I can't believe how ridiculous this guy is...it really is unbelievable.

Thank you! T.H.
-----
March 3, 2005
Your refund should ship out tomorrow at the latest on Monday.
Thank YOU
<>M<>
www.americanacouture.com

March 4, 2005
Your refund check should ship out on Monday...
I am sorry for the delay in this matter.
Thank YOU
<>M<>
www.americanacouture.com

March 8,2005
I am sorry for the delay in processing your refund.
We have run into a financial snag but it is resolved as of now.I am looking at sending your refund check out priority by the Wednesday, Thursday or Friday at the earliest at this time..and at the latest by Monday. Once again I am sorry for the delay. I wanted to keep you informed and up to date on the situation involving your refund.
Thank YOU
<>M<>
www.americanacouture.com

March 9, 2005
We have a new accounting program in place with Americana Couture.
We are doing a full accounting department investigation to make sure all refunds that are due are handled properly. I am sorry for the delay in this matter.
Thank YOU
<>M<>
www.americanacouture.com

March 9, 2005
TORI HALL First data chargeback march 9th, 2004

March 12, 2005
Dear Tori:
If I can get a letter from your credit card company on their official letterhead sent to me that they did not initiate any form of dispute or chargeback on this situation for this amount and in regards to this order I will be more than happy to issue another refund and take it up with our past merchant bank.
Thank YOU
<>M<>
www.americanacouture.com

March 12, 2005
Dear Tori:
We will request documentation of your chargeback. In the meantime if you would like just get your credit card company to fill out the following...

"If I can get a letter from your credit card company on their official  letterhead sent to me that they did not initiate any form of dispute or  chargeback on this situation for this amount and in regards to this order I will be more than happy to issue another refund and take it up with our past merchant bank."
Please allow at least 2 weeks for delivery of documentation
Thank YOU
<>M<>www.americanacouture.com
-----
Update filed by torihall@juno.com

Just thought you'd want to read the latest. I actually contacted a probono consumer fraud agency (directed them to the traderlist site for detailed info)
-------
March 15, 2005
Additional information provided after Ms. Hall received a message from Americana Couture:

Well, should I begin to recount the details and events of the last YEAR to you? I think I should be the one directing that question towards YOU--not the other way around. In case you've forgotten:

1.) Placed an order in early 2004 (February)

2.) Never received my order but received excuses regarding why I had not received my order (e.g. UPS lost thousands of dollars in shipments, the shipping label was wrong and the merchandise went somewhere else, there was some internet assault, you had my shirts "in production" numerous times but I never saw them, etc etc...)

3.) Was promised free merchandise for my "patience" (never received that either)

4.) Finally, in SEPTEMBER 2004 I realized (after researching through the Better Business Bureau, etc) that I very likely was not going to receive my merchandise and requested a REFUND

5.) I was promised a refund within a 7 days in SEPTEMBER (not March, so why the heck would you tell me I supposedly got a chargeback 7 months earlier then when I requested a refund?)

6.) I was told to file a dispute if I never received it, but of course VISA only allows a 3 month dispute window--something I didn't know until then. This, of course, does not mean you don't have to give me my money back--in case you thought it did.

7.) I continually tried contacting your company throughout these many months by phone--of course no one answers despite your site claiming people are available 9 to 5, Monday thru Friday. I left numerous messages and never received a SINGLE call back.

8.) I continued to email asking about this refund, but of course never received any satisfactory response to my inquiries.

YADA YADA YADA... I could go into much more detail, but I don't have the time or the interest at this point.

After hearing promises of finally (!) getting my money back "within 30 days" around 2/02/05 I was actually a little optimistic. But of course that never happened either, Mark. You continued to stall with emails saying that the check would go out next monday, or the monday after that... or that you had a "financial snag". So do you really think you should be asking me WHY IS THIS SO DIFFICULT? If you can not understand why so many of us are frustrated or finding this situation difficult, than you really must have a distorted sense of the reality. I don't mean that as a personal jab, I simply mean that you seem to have very little concern for the terrible experience of these consumers if you make a statement like that.

Perhaps you need to take this up with your old merchant bank--if they are making claims of refunds and so many customers are telling you they never received them maybe you need to be looking at THEM... not us. ...
I will get the letter to you, Mark...but what is crazy about all of this is that my bank HAS ALREADY TRIED CONTACTING YOU NUMEROUS TIMES over WEEKS starting in February and no one responded or seemed to have any interest in what they have to say....

We just want our money back for merchandise we never received--and that's the bottom line.

Kristin Osborn

THEN...I would call the Tucson Police Dept. and file a felony internet fraud complaint with them. Be persistent - I'm sure they've heard of the now infamous Chisholms!

IF everyone will take the few minutes to do this, I assure you that action will be taken criminally against the Chisholms. Be prepared to mail them documentation. Complaining here on Traderlist is a good start, but to get the wheels rolling against these fraudsters, it is imperative that ALL victims get going and file complaints ASAP with Tucson PD. Their phone number is 520-791-4444. The email to the editor of People Magazine is editor@people.com . I will provide the email and name of the company who hosts the AC website within the next day or so.

All victims should contact the person listed below asap - it's worth your time and trouble. This info is also posted on the top of the Americana Couture Bad Trader page.

Jane Lowry
Pima County Adult Probation
110 W. Congress
Tucson, AZ, 85701

Don't wait - do it today, write Ms. Lowry, file a complaint with the Tucson PD, write the editor of People and don't let up until something is done to help YOU, the victims!

Mindy R.

Next, the e mails and phone call merry go round started. Like many others I was offered the free t shirt for my trouble. I feel quite stupid that I actually chose a new shirt and was excited about getting the order again. I can’t believe I have waited over a year, strung along by Mark and Maryanne’s e mails and promises that the shipment “should go out this week.” I received ANOTHER message from Mark just now that said the same thing!

Unfortunately, because I used PayPal I am far over my statute of limitations for a dispute to be resolved. I never received any refunds or merchandise from this order. Luckily I am only out $29.99.

Please let me know if I can be of further service.

-------
March 23, 2005
Update filed by: timhartje@earthlink.net

As a follow up to my post on March 16 I would like to post that today, March 23 2005 I received merchandise from Americana Couture. I received the original shirt I ordered on February 13, 2004 plus the free t shirt as promised by Mark Chisolm. I was pleasantly surprised and consider my complaint against them closed.

Thanks!

I ordered 2 t-shirts soon thereafter and after waiting for a very long time I received a notice from them saying their company was having problems with a computer hacker who got into their system and messed up their orders, tracking, etc. They apologized and said they would be back on track shortly and the items ordered would be shipped as soon as possible. They offered a free t-shirt in exchange for my troubles.

Though I never ordered another t-shirt I waited patiently and corresponded with them several more times. They stated in their e-mail to me that the original package evidently got lost in the mail and a replacement would be sent out immediately. Maryanne asked me to update her if the original products were to arrive. Neither the original or replacement package arrived. She sent me an information e-mail regarding tracking with the USPS, but did not include a tracking number. When I asked her about the tracking number, she said priority doesn't offer a live tracking system and that they filed a lost package form

Well, since this has been going on for over a year, I finally sent them an e-mail again telling them the package didn't arrive and I wasn't surprised. I told them it didn't seem feasible to me that a package could get lost twice. This was about a week ago and I have not since heard back from them.

I actually didn't "lose" anything because I purchased 2 t-shirts with the "free" gift certificate. However, they were for my daughter and it caused a lot of waiting and wondering.

2005 I ordered $89.98 worth of merchandise from Americana Couture. I assumed that perhaps our diplomatic pouch was slowing the arrival of my merchandise because my credit card had been charged, my order confirmed with a order number. The order still hasn't arrived and I have received no replies to my email query.

Clearly Americana Couture is still in (bad) business. Any chances of getting a refund?

I am writing with the hope that I can recover my expenses from this company. I ordered a customized T-shirt from Americana Couture and was charged $70.54. I received a receipt from the company via e-mail and was advised that it would take at least 30 days for my order to process. After about 3 weeks, I tried contacting the company via their many e-mail addresses to ask the status of my order. No response. I called their customer service number at least 5 times, only to receive a recorded message each time that all their operators were busy, for me to leave my name and number and someone would return my call. Obviously, that never happened. This piqued my curiosity and I have been trying to contact them via e-mail and telephone once or twice a day for the past few weeks with no luck.

I really don't know what to do about this situation. It seems I'm not the only one who's been duped!!!! I hope this information falls into the right hands and I can recoup my losses.

This is in regard to the charges against Americana Couture for fraudulent business practices.

THE FACTS:

12/29/04: My Visa was charged 44.99 for one tee-shirt

1/22/05: Attempt #1 to call for status. Left message. Call back never recieved.

1/24/05: Attempt #2 to call for status. Left message. Call back never recieved.

1/24/05: Email response recieved. Offer made to add one free teeshirt to make up for delay and poor customer service. Was advised that order would be sent out by 2/4/04.

2/8/05: Attempt #3 to call for status. Left message. Call back never recieved.

2/10/05: Attempt #4 to call for status. LEft message. Call back never recieved.

2/17/05: Email sent to A.C. for status.

2/18/05: Autoreply from A.C. recieved stating my concerns would be addressed in 48 hours. NO RESPONSE TO DATE.

2/20/05: Attempt #5 to call for status. Left message. Call back never received.

2/27/05: Sent email directly to Mark

3/1/05: Mark lied in the email and stated the I had never asked for the refund.

3/9/05: Mark advised that due to new accounting procedures, my refund would be delayed.

3/14/05: Mark advised that due to the fact they needed to verify I hadn't stopped payment with my credit card, my refund would be delayed.

4/4/05: Email sent regarding refund, No response to date

4/7/05: Email and phone call regarding refund never returned.

It is my firm opinion that AC had no intent to deliver on product or refund my money. I have many emails from them that support my claims.

A judge says the Tucson couple hid assets so they could 'maintain an extravagant lifestyle.....

Tucson Citizen www.tucsoncitizen.com (business section)

Complete Story:
http://www.tucsoncitizen.com/index.php?page=business&story_id=041205d1_chisholms

Also please check:
http://www.kvoa.com/global/story.asp?s=3154773&ClientType=Print
---
Note from mediator, Pat.
Our readers will remember these are the people who had Traderlist removed from the internet for two months last year by threatening me and our web hosts with lawsuits. The above sentence concerns bankruptcy fraud. The Chisholms still face federal indictments.
The complaints against Americana Couture are still being investigated, and records are being subpoenaed.

In February 2004, I placed two separate t-shirt orders, totalling about $200 (due to 40% discounts). After constant emails (all of which I kept) and chasing them down, I finally received my shirts in January 2005; however, one custom shirt was missing (cost: $75). I was notified (only after my own emails) that the shirt was on back order and would ship that week (email is dated 1/20/05). I've never received the shirt, nor any further response. I email the company every week and have left phone messages, but have heard nothing back.

Is there any recourse?

Debby Day

I sent 24 e-mails between 5/2004 and 4/23/2005 and tried 8 times to call them but always got an answering machine. I left messages and NO ONE ever returned my calls.

The company sent 27 responses. I received numerous confirmations of my order - many with different "shipping" information - ranging from "shipped" to "will ship in 4-7 days" "2-3 days" "1-2 weeks" dating from 6/04 through 4/05.

E-mails from Maryanne and Mark Chisholm would contain various explanations for the delays from USPS losing $52,000 of their merchandise shipped to customers, to form letters regarding their claim of an Internet smear campaign by a disgruntled customer, to being out of stock on items I ordered.

Each e-mail was matter-of-fact and usually contained an apology. Twice I was given a free $50 t-shirt and the last e-mail gave me free upgrade to priority shipping. The total of my order with free upgrades came to $524.92

Whenever a choice of refund or re-order was given I chose to re-order. I trusted them and thought that if they were such a well-known business with their t-shirts worn by numerous celebrities I was safe. Their website contains many photos and press releases regarding their notoriety. I even sent an e-mail sympathizing with the Internet assault they were facing.

Finally, after my last e-mail 4/23, I did a "Google" search on the Chisholms AND the company. This led me to articles in the paper and on the air in Tucson that they were indicted on Fraud charges and charged jail time for bilking investors out of millions in another company they owned. Another link led me to Trader Listing's Website where I discovered several other people who had the SAME experience. I e-mailed the Chisholms and let them know how mad I was and that I was going to file with the BBB and report them to the authorities. I received an e-mail that my items were shipped 4/22. I have yet to receive any merchandise.

I contacted Discover Card on 4/24/05. Since it was past the 6 month deadline to receive instant refunds they took the information and gave me an address and department to send my story/information to in hopes I can get my money back. They stated no guarantee. I also filed claims with CA and AZ BBB and the FBI. Why these people have not been shut down is beyond me.

# of My e-mails to the Americana Couture after placing 2 orders = 24;

I e-mailed Americana Couture to check on my order on the following dates:
2004: 5/27, 6/8,6/18,6/27, 7/25, 7/28, 8/5, 8/27, 9/7, 9/24, 12/23
2005: 1/9, 2/1, 2/7 (3), 4/3, 4/5, 4/12, 4/18 (2), 4/23 (3)

# phone calls leaving messages = 8

I've placed 8 calls to the phone number listed on their web site during this time period to try to get an answer on my order. Each time an answering machine picked up and said to leave a message (I did each time) and they would get back to me. They never did.

# responses via e-mail from Americana Couture 27

4/18/2004 Ordered $339.94 of merchandise from www.americancouture.com Was going to use Pay Pal told they no longer take it and gave them Discover card via phone.
4/19 Discover card charged $272.00. confirmation received of order
5/4 Ordered another $134.97 of t-shirts
5/4 Discover card charged $134.97 confirmation received for order
5/26 E-mail received - $134.97 shipped; $272.00 shipped w/USPS tracking numbers
6/8 Co. press release regarding re: reorganization due to Internet Assault (smear campaign)
6/8 Maryanne assured shipment would be sent to retails clients before fulfilling wholesale orders
6/28 Form letter explaining they've had 1 in 3 packages lost totaling $52,000. Are trying to fulfill orders. I'm given a shipment schedule on each item ranging from 7/04 - 9/04 or Refund. I write to place order as indicated
9/7 Maryanne - said she was assigned to track order. can I confirm items ordered.
9/7 order placed AGAIN
9/20 Company sends e-mail announcing they are back to business
11/1 Mark writes that because of all the incidences they are canceling all unfulfilled orders - clients have 2 choices. reorder with a free upgrade and t-shirt ($50) OR full refund.

I REORDER

11/16 Mark e-mails confirmation of order with form letter saying merchandise will ship in 20 days. Confirm order of $524.92
11/28 Receive the SAME order confirmation. Will ship in 1-2 weeks
12/23 Receive confirmation saying order will ship in 2-3 days
12/23(2) Mark e-mails they are out of stock on several items I ordered. due to bad weather there is a delay of delivery. Will ship out by 12/30/04 unless another delay.
1/10 Mark e-mails shipment have been slow to get out t AND ad ANOTHER free $50 t-shirt. Will ship week of 1/12/05
1/17 Order confirmation says will ship in 4-7 days
2/1 Maryanne e-mails she is researching my account and has issued a provisional credit (never happened)
2/7 Maryanne e-mails they have filed a lost package claim and have issued back a credit to my account (never happened) and asked me to keep them posted should the package arrive.
2/18 Mark e-mails he wants to rectify things - he can ship another order or issue refund. I also can have ANOTHER free T-shirt and upgrade to priority shipping
2/18 Mark e-mails me a thank you for my request to place the order again and a confirmation is sent to me.
2/26 Mark e-mails the order should ship the week of 3/25/05
3/16 Mark e-mails the order should still ship week of 3/25
3/28 Receive e-mail confirmation that order will ship in 1-2 weeks
4/12 receive an auto reply to my e-mail saying it can take up to 72 hours to respond
4/18 Maryanne e-mails saying they have had an emergency that has effected shipping
4/18 Maryanne e-mails I will receive my order in 2-3 days. Apologizes and offers refund or upgrade. I instruct her to ship order
4/23 Receive an e-mail saying my order was shipped Friday 4/22
4/23 I run a Google search of Maryanne and Mark Chisholm and of Americana Couture and I find articles from Tucson about an indictment and jail time issued 4/12/05 for Maryanne and Mark on Fraud charges related to another company they owned. I let them know via e-mail I will take legal action.
4/23 - They reply: Our indictment is under appeal and is for bankruptcy on a charge we maintain We are not guilty of.

*Note from mediator: The Chisholms have been found guilty of bankruptcy fraud, and Mark Chisholm is in jail. MaryAnne Chisholm will also be going to jail. They also face numerous other charges. Please see top of this page.

I do not have my merchandise:
4/24 I contact Dicover card and since it is past 6 months they take the information and give me an address to srite to submit compaint and request refund.
4/24 I file a complaint w/ CA BBB, AZ BBB and this site.

I am once again requesting a full refund in the amount of $407. I will not "cease and desist" as I am in no way harrassing you. I am simply requesting a refund in full and will continue to do so until received.

Lynn
--------
Response to Lynn from Americana Couture:
----- Original Message -----

From: Americana Couture
Sent: Thursday, May 05, 2005 7:27 PM|
Subject: RE: requesting refund

PS – If you have contacted any agency including vast array of agencies you disclosed, John Evans, Sgt Young or anyone else and failed to disclose your admitted complaint and chargeback with Discover card - this is fraud, and we will not hesitate to seek damages from you if any harm comes this company or to any representative of this company.

-----Original Message-----
From: Americana Couture [mailto:info@americanacouture.com]
Sent: Thursday, May 05, 2005 4:24 PM
To: 'Lynn'
Subject: RE: requesting refund

Lynn

You do need to stop contacting us. I also have your e-mails including the one that read as follows:

-----Original Message-----
From: Lynn [mailto:karmabum27@comcast.net]
Sent: Friday, April 29, 2005 2:42 PM
To: Americana Couture
Subject: Re: Order status

Unfortunately, there hasn't been a refund issued. I have now filed with the Better Business Bureaus of CA and AZ, the FBI Internet Fraud Division and the Postal Service, Discover Card and the PA Attorney General. I will also file with the Attorney Genreal of CA.

Unbelievable.
-----

Response from Americana Couture:

Ms Cohen, I have been in touch with Discover - which by your own admission you contacted and filed a complaint - and they have confirmed you have a chargeback. When you initiate a chargeback the bank contacts the merchant and states that we should respond to the clients chargeback and not issue any direct refund. If you cancel the chargeback, and send me proof in writing to this effect that I can confirm with Discover I will gladly issue a refund but your actions have initiated a different course that prevents this from happening. A chargeback is a refund, it just takes time depending on your issuing bank.

Kindly advise this mysterious "Sgt Young" and Mr Evans of the fact that you asked your bank to investigate and they have accordingly acted upon your request. I do not appreciate you or anyone else from the Traderlist site spreading misleading information when you are apparently not aware of the results of your own actions.

Thank you

Maryanne Chisholm

*Note from Mediator, Pat. Mark Chisholm is on a work release program from jail. He works during the day, and returns to the jail at night. Please continue to forward any problems with Americana Couture to me.

The "mysterious" Sgt. Young is the Investigator in Arizona in charge of the Americana Couture case. John Evans is the Assistant Attorney General.

Subject: Americana Couture

I have a major issue with not receiving my order I placed around March 2004! They still email me back and pull me along saying "oh, it will ship in 2 weeks". The 2 months go by and still I haven't gotten the package. So I email them again, and they say, "oh sorry, it will ship this coming week actually". I have most all email correspondence between us if you are interested.

Megan
-------
June 6, 2005
Update filed by megan_gessner@aon.com

I did finally get my (revised) order last week so I would appreciate it if you could add a comment saying that I did get my order approximately 1 year, 2 months after the order was initially placed. I did get it only after I told him I would need to file a complaint with the BBB if I did not receive my order within a few weeks though.

The bad thing is that they had such beautiful and unusual clothing...too bad it had to owned and operated by scum.

May I also add that when I got angry about the lies and deceit, Mark Chisholm told me that he would add my name to a list of others that would be PROSECUTED for making FALSE CLAIMS! Can you imagine that? He steals my money and I get "reported"!!!

Toni Shirley

Subject: AMERICANA COUTURE

Dear Mike:

I will call Citibank about this on Tuesday and work this out due to the holidays. We will maintain contact with Citibank until this matter is resolved!

We have nothing to do with the formation of this LLC.

If Mrs. Keil indeed as you say opened some sort of fradulent LLC we know nothing of it...we had nothing to do with it...we never signed any papers for it and she is no longer associated with this company.

Please do not correspond with us any longer we will work with your bank on this since we see you failed to provide documentation your bank asked for according to the two documents you sent us via fax today. There has been no funds credited to our account in any way shape or form...so this is why we would like to discuss this matter with Citibank ONLY.

If you correspond again with me or amyone else at Americana Couture after I have asked that you do not I will just forward correspondences to counsel and look at legal action against you.

I have always asked just for documentation of the chargeback you say you received along with contact information and I will look into this. I have said numerous times that I would only work wirth your bank.

If you have an attorney please forward his/her contact information and I will forward the information to our counsel.

Thank YOU

<>M<>
www.americanacouture.com
---------
Response filed by:

From: macappdev
To: Mark - Americana Couture
Sent: Wednesday, June 01, 2005 11:31 PM
Subject: Re: AMERICANA COUTURE

Maryann -

We ordered shirts in December from you in good faith. You over charged our card that month and our agreement was not to charge us more then 50% until they were shipped. We got a mouth full of excuses from you on why we didn't have them. You even gave us a bogus tracking number. We asked for a full refund and according to Citibank none was ever issued.

Personally, I've lost track of all the lies you have told us. Why do you expect me now to believe anything you say?

Now all you say is that "funds were taken out of your merchant account" so it's our fault that we didn't get the refund. Do you understand how absurd this is? If you believe your own lies, call your merchant account and trace down the error.

I plan to get the paperwork notarized tomorrow and it's going to be sent in. Don't reply with more lies...you can tell it to the Judge soon and see if he buys this garbage.

Mike

Yesterday, I received a "Complaint Activity Report" from the Tucson BBB. They received an email from Mark regarding my situation on 6/6/05 saying "Refund Already Given." This of course, is not true. As the original Credit Card has long been closed, the only way he could refund me is by check. No check has been received.

I am so disappointed, I gave them another chance to make good and all I got in return were more lies.

Thanks,
Terresa Clark
--------
Update: June 24, 2005
From Terresa Clark

I received my three shirts today from Americana Couture...one that I ordered, and the two free ones that I was promised. I have to say that through all of this, Mark has been polite, and eventually did come through. I know others have had different experiences with him, but out of fairness I want to say that he maintained a professional tone with me. My patience and persistence were rewarded, and I wish the same for everyone else!

Thank you, Pat!

Terresa Clark

Please contact me, as I would be able to help you in any way!

Stephanie
----------
More information:
I don't understand what these people did with this money.. Seriously! I doubt he has the money to pay me back. If I'm not mistaken, I think I did contact the BBB in AZ & CA. I am so p***ed off at them. I mean, they still have the web site up!!! Someone should order them to take it down. Plus they are saying that an internet assault, meaning the Trader List is causing their business to falter! I mean this is utter nonsense. I hate to be lied to and he keeps giving me excuse after excuse.

I placed an online order with this company in January of 2005. I ordered 1 t-shirt from them and they debited it from my account three days later in the amount of $52.00 and change. It is now July and I have yet to receive either a refund or my merchandise. Like all the other emails I have read I too have received emails from Mark stating that it's in the mail or it will be shipped. There is even a link to the post office website with a tracking number which read "shipped" for the past 6 months. Then it said it landed in Arizona, I live in new Hampshire. I have tried contacting Mark to rectify this and I never hear back or if I do it's just another excuse. I have saved all his emails and false promises, I will be contacting the better business bureau also regarding this matter. These people are unbelievable.

My name is Rochelle Bernstein. Almost one year ago, I ordered a shirt 'gratis' from a certificate received at a Hollywood award presentation. In this past year, you have given me all types of stories and even had my sympathies for what you presented as 'business problems due to the ineptness of everyone else. You offered me one, then two additional gifts as compensation for the long overdue product. I received emails almost weekly from Mark and Maryanne. I was given on two occasions shipping information, but when I attempted to confirm with the USPS, they had no record of those shipments.

But now, eleven months later, those emails are all I received. A few months ago, as I searched the web hoping to find a personal contact or phone number I came across a site that included a bevy of letters and articles outlining how your company scammed thousands of people by never delivering the merchandise ordered and subsequently promised. Apparently, your firm was under investigation by several agencies including the Attorney General's office and the Bureau of Consumer Fraud and any other office that may investigate fraud on an interstate level. I read with a great deal of interest Mark's responses to those accusations and in some cases he sounded believable. I read the outlines of the various class action suits being brought against your company for non compliance to a contract (a contract being an agreement, either in writing or verbal, for one party to deliver in return for consideration by another party. In this case, your company seemed to have received thousands of dollars from eager would-be-customers, and was to deliver shirts to them in return. This constitutes a contractual agreement in all states.)

I read with anger the facts presented, and the retort by Mark. I could not join this group of embittered individuals, since I had tendered no money to you. I was, however, as much a victim of your empty promises and your fraudulent business practices as was the party who sent you funds.

If I had the power to protest or lead a rally against your illegal business practices, I would. You wasted so much of my time -- getting your company to recognize the 'code' on the gift certificate in the first place, browsing your site for a selection; reading email after email; numerous calls to the postal service to check out the nonexistent confirmation numbers, and several hours of additional time and usage of search engines to select my complementary/compensatory gift items.

I'm almost sorry I never did tend any money to you; then I would be eligible to join those who want to bury you.

Rochelle Bernstein

Best of luck

Maureen

I ordered some t-shirts off of CafePress.com 2 of which were plain versions of the ones I ordered from A.C. Not long after I received an e-mail from MaryAnne saying she saw I ordered the shirts and wanted to "repair our relationship" could she send me my order. Discover Card is in the process of investigating my complaint. I should have just said no. (think i would have learned by now) I replied we have no "relationship" and I expect the merchandise as ordered or the money. She said they would fulfill the order. I gave them 2 weeks. I received an e-Mail from Mark saying they would ship out the week of July 4. ...which came and went without the shirts (of course). I sent an e-mail back and told Discover Card to pursue the refund. Mark e-mails back and says the order was large (8 shirts is a large order?) and he would have it to me by by the 20th. Why I acquiesced I'll never know.

Lo and Behold the merchandise arrived today. only 3 of the 8 shirts were sent as ordered and one shirt is such bad quality it isn't even worth $5 let alone the $95 I was charged. The printing quality is way inferior to what you see on the website.....The $115 t-shirt I ordered was put on a pink shirt (i would NEVER order or wear pink) when ordered on white. How hard can it be to get 8 shirts correct. I wrote Mark that I expect a replacement on 5 shirts as ordered or a full refund and have informed Discover. I told him I will not remove my postings from this site until the situation is resolved.

Word to the wise. The shirts are way OVERPRICED for the quality and expecially the service. Funny, the web site says they guarantee the quality......

Will my nightmare EVER END?

Subject: info@americanacouture.com
traders_name: Americana Couture

Beware of this seller!! I am yet another victim of Americana Couture. I placed an order for 2 shirts 6 months ago and never received them or a refund even though I have been going back and forth with them for months now. First they assured me they were sending the shirts immediately and giving me a free shirt for the delay. Once I realized they were never sending me anything, I demanded a refund.... that was a couple of months ago. They won't even respond to me at this point. I have spoken to 6 other women to whom this has happened to.

Subject: Mark@americanacouture.com
traders_name: Mark Chisolm

I am yet another victim of this "company". I have submitted several complaints to the appropriate people. Mark fails to answer emails and provided me with a link saying my merchandise would be sent out in 4 to 7 days. That was on July 19th! A month later and I am still waiting. Mark, I too will not go away until this is resolved!

traders_name: Americana Couture

If you have been recently defrauded by Americana Couture - call your credit card company and dispute the charge immediately. It's the only way you'll EVER see your money again!

Fraud trial involves $24M, 1,200 investors.

http://www.tucsoncitizen.com/index.php?page=business&story_id=090105_chisholm
also
http://www.dailystar.com/dailystar/allheadlines/91316.php

Mark and Maryanne Chisholm will still face fraud charges with their new company Americana Couture.

Comments: Mark and Maryann have been saying for a long time that these complaints are false, the people who post here are made up and it is all a scam to smear their good names by a competitor. I decided to see for myself. On August 12, I ordered a shirt. I received a reply saying my order had been received and would be shipped within 1-2 weeks. I was sent  a link to check to follow the progesss. Each time I checked over the next three weeks, I got the same page. I sent e-mail to all of their addresses,
info@americanacouture, sales@americanaCouture, customerservice@, etc. ALL mails were returned to me as undeliverable. I checked my credit card account, the shirt had been billed almost immediately after the order was placed. I tried calling their number, got the recording, left a message and have never been called back.

So on September 12, I filed a non-delievered item claim with my credit card company explaining exactly what happened and faxed them the returned e-mails I had sent. They have already responded that the charge is taken off my bill and they will be contacting the Chiisholms' bank.

On September 15, I got an e-mail from AC telling me that the shirt had been shipped. Without any delay, I checked the shipping number with the Post Office and was told "no such number exists". Yes, that's right! I have been given the old bad-shipping-number routine. I think maybe that have all of this automated in order to keep that fraud money coming in whie Maryann is in the docket!

One last thing, I wrote to Yahoo, who hosts their store page, asking them to close the page down, explaining all of the circumstances. I got nothing but a form letter back from them asking for more informtion! How uncaring! All they have to do is look here or at the news about the Chisholms, and they can see the problem. But they want me to do their footwork. Well, I will do as much as I can and I urge the rest of you to get on Yahoo's case too - get this site closed down! Yahoo is making it possible for this theft and scam to continue and they need to be called to account for it! Please get a letter to them today!
Christine

Subject: americana couture

Comments:

I ordered about a hundred dollars in merchandise from them in 2004, never recieved it, and have been trying to keep up with all the drama--I was wondering if you have heard of anyone having success with getting their money back?
Thanks.

traders_name: Americana Couture
Email: info@americanacouture.com

Comments: Ordered items from this company in the spring of 2005 and never heard from them. They charged my credit card imediately. After I threatened legal action they responded to my phone call. They said they will look into sending my order but I am not holding my breath. It is October and I still have not recieved anything.

*Note: The verdict stems from indictments against Maryanne Chisholm for fraud with another company..Safari Media. The Chisholms both still face probable indictments for fraud with their new company..Americana Couture.

Pittman: Ban the Chisholms from ever owning a business

DAVID PITTMAN
Tucson Citizen Newspaper

Not just in Tucson, but anywhere English is spoken, even as a second or third language.

You may remember the Chisholms. Many of those who have dealt with the couple's businesses – Safari Media and Americana Couture – will never forget them.

Complete story:

http://www.tucsoncitizen.com/news/business/110805d1_pittmancolumn

Judge calls use of money ‘obscene orgy of spending’

Former head of Safari Media ripped off $24M from investors and used money for lavish spending.

DAVID PITTMAN
Tucson Citizen

Full Story:

http://www.tucsoncitizen.com/news/business/112405d1_chisholm

Thanks

Kay Ord

Subject: americanacouture@gmail.com
traders_name: Mark and Maryanne Chisholm

Comments: I ordered 2 rhinestone-studded t-shirts on August 4, 2005. It took over a month to receive 2 WRONG shirts (wrong sizes AND style!). I sent them back immediately (via USPS - insured). I requested a refund, and I received several e-mails from both Maryanne and Mark Chisholm, varying from "please be patient" to "we appreciate your patience" to "it will take 2 weeks for a refund" to "I can't give you a full refund, but I can give it to you in payments" (< it was a total of $104.98!) to "contact your credit card company to get a chargeback"(< too much time had passed by this time) to "I can get the 2 shirts to you by Christmas" (< never happened). I have since received an e-mail saying "All orders placed on or after November 1, 2005, pursuant to the Asset Purchase Agreement, will be honored by Luxestar Apparel LLC." And "Pursuant to the terms of the Asset Purchase Agreement between Luxestar Apparel LLC and Americana Couture, it has not assumed any liability or responsibility for orders placed prior to November 1, 2005."

I guess this is their way of getting out of being responsible. I have all correspondence saved. I just wanted to have this mess resolved. It's been over 5 months now.

Sent: Monday, November 21, 2005 3:09 PM
Complaint filed by: Genevieve Watters
Email Address:  genevievewatters@yahoo.ie

Subject: RE: American Couture Order

I just want to log my own experience with Americana Couture. I ordered a t-shirt form them about three or four months ago. My credit card was immediately charged for this purchase and yet I never recieved any word from them regarding the dispatch and/ or delivery of the item. I made no efforts to contact them until today when I went searching again for their website and found the traderlist.com review of their conduct. You may ask why I never contacted them but I am located in Ireland and my flatmates have had orders from the US shipped to them and it has taken quite a long time.

I have found my order confirmation details. I have to say the more I think about this the more upset I am - I actually bought this for my cousins 21st - I had since bought her something else but still it is always very unpleasant to realise you have been had.