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,