Re: Securities and Exchange Commission v. Charis Johnson, LifeClicks, LLC, and 12Daily Pro; USDC, Central Dist. of CA, Case No. CV 06-01018-NM(PLAx)
As most of you know by now, on March 1, 2006, Judge Nora M. Manella of the United States District Court for the Central District of California entered an Order of Permanent Injunction and related Orders which included the appointment of Thomas F. Lennon as permanent receiver in the above-referenced case. This Permanent Injunction specifically enjoined investors from exercising self-help, including "initiating or processing chargebacks of any monies used to purchase or upgrade membership units in or with 12DP." Because the Permanent Injunction was not clear as to whether it also applied to financial institutions processing chargebacks, the Receiver sought and obtained the Clarification Order that explicitly also prohibited financial institutions, to the extent possible, from processing chargebacks or refunds on electronic transfers. The Clarification Order was entered March 14, 2006. Visa, MasterCard, Global Payments, and Nova Information Systems, Inc. all filed applications requesting that the Clarification Order be vacated and that the Permanent Injunction Order be narrowed to make clear that individuals that used their credit cards to purchase memberships or upgrades retained whatever rights they had under their agreements with their credit card issuer. These applications were granted by the Court's minute order dated March 27, 2006. The original Permanent Injunction and the Court's minute order are posted on the Receiver's website: www.tlennonfor12dailypro.com.
As a result of these orders, investors who used credit cards to invest are not enjoined from exercising self-help vis-à-vis their credit card, but investors that used electronic fund transfers to invest are enjoined from exercising self-help. Although this may seem like an unfair distinction, the legal rights of each group are different. The rights of consumers to dispute electronic transfers are limited to unauthorized debits or errors in the amount of debits, but do not provide a right to reverse a transfer because the consumer has discovered that the recipient was perpetrating a fraud. Moreover, all investors and creditors are enjoined from initiating any legal action against 12Daily Pro, LifeClicks or Charis Johnson.
The Receiver's goal is to try and put all investors on the same footing in obtaining a return of their principal. It is uncertain at this time whether there will be enough funds recovered to achieve that goal. The Receiver's efforts are focused on recovering funds that rightfully belong to the receivership estate, obtaining records from StormPay and others in order to determine how much each investor transferred to 12Daily Pro, how much each investor received in returns, and how much each investor recovered through chargebacks or electronic transfer returns. From this information, the Receiver will determine the net claim amount of each investor. The Receiver anticipates asking permission from the Court to distribute the assets recovered to investors pro rata based on net claim amounts. It is impossible to estimate at this time what likely recoveries will be or when the Receiver may be in a position to make distributions. The Receiver realizes that this is an extremely frustrating situation for investors, but please understand that he is working as diligently as possible to reach a fair and equitable result. Please check the website for updates and further information including answers to frequently asked questions.
Charles78
Apr 21 2006, 03:27 PM
The court order that allows both EFT's and chargebacks is signed by a judge. If it were me, I'd stick to what the judge said, not some e-mail.
(d) prevent or interfere with Visa, Mastercard, any issuer bank, acquirer bank (and their processing agents), ACH operator, ACH processor or DFI from complying with applicable laws and regulations, including without limitation, the Electronic Funds Transfer Act, Federal Reserve Regulation E, the Truth in Lending Act and Regulation Z, and applicable ACH rules, including the NACHA Rules and Federal Reserve Bank Operating Circular 4.
But, someone there said EFT chargeback's period is 60 days from the transaction day.
Only people who filed before/on March 1 seem will get their monies back.
123pjbear
Apr 21 2006, 08:52 PM
I just got finished reading the email and from what I gathered is that who ever used a credit card to upgrade has permission to do chargebacks but whoever did a bank transfer like me is just **** up the creek for right now, well at least I hope . If I get anything back I will be more than surprise.
I just got finished reading the email and from what I gathered is that who ever used a credit card to upgrade has permission to do chargebacks but whoever did a bank transfer like me is just **** up the creek for right now, well at least I hope . If I get anything back I will be more than surprise.
Can someone tell me why is all this websites attached to my reply? I didn't do it and I sure don't want to get banned from here.
bri2006
Apr 21 2006, 08:57 PM
Click My Controls button on the up-right, and look at the left side bar: Personal Profile, Edit Signature.
If you don't find anything strange there, then ask the mods if they may know something about setting.
I just got finished reading the email and from what I gathered is that who ever used a credit card to upgrade has permission to do chargebacks but whoever did a bank transfer like me is just **** up the creek for right now, well at least I hope . If I get anything back I will be more than surprise. Can someone tell me why is all this websites attached to my reply? I didn't do it and I sure don't want to get banned from here.
I think it has something to do with MMG selling advertizing in newbee's signatures.
I have also just created a thread here on MMG about this.
Real simple, Lennon is trying to say that CC disputes are okay, and ACH Reversal Disputes are not. But this letter is not of any legal authority. He is trying to say that ACH Reversals are not allowed according to the "Civil Minutes" Order. But, he is absolutely wrong. If he really thought he was right he would go back to the judge and get another court order and change the "Civil Minutes" Order, but instead he wrote you a letter. The reason he is sending it to everyone in an email is to scare and intimidate you into not doing ACH Reversals. DO NOT trust information that comes from Lennon. Your trust that he is operating in your best interest was lost, when he participated in the Court Order that temporarily took away your lawful rights, that Visa and Mastercard had to go to court, to get thrown out. Visa & Mastercard are looking out for you, more than the Receiver, Lennon.
Continue with the processing of your ACH Reversals. It is your legal right to do so. Let your dispute forms and supporting documents speak for themselves, for the truth they contain. And, let your bank determine whether they think the dispute is valid or not. Nothing should be determined by Lennon, accept only what the courts through Lennon, has ajudicated. In this case, what is contained in the "Civil Minutes".
divx
Apr 29 2006, 01:40 AM
[quote]The court order that allows both EFT's and chargebacks is signed by a judge. If it were me, I'd stick to what the judge said, not some e-mail.[quote]
exactly!!
Wealthyman
Aug 15 2006, 12:39 AM
Any one know the present stage?
rajeev
Aug 26 2006, 03:07 PM
QUOTE(Wealthyman @ Aug 15 2006, 12:39 AM) [snapback]2634110[/snapback]
Any one know the present stage?
nothing new............
Kalyan
Aug 28 2006, 05:06 AM
when could we expect the money?
pblb33
Sep 8 2006, 03:30 PM
Just a heads up I thought I would let everyone know that (ACH) reversals are only fo transactions that were not authorized by you or for an amount different than what you did authorize, so doing a reversal and lying about the reason could get you in serious trouble. I lost plenty of money as well but I am just going to take my chances with the reciever even though I may not get a dime back.
PBLB33
Charles78
Sep 13 2006, 11:40 AM
The reciever's report said that there is no way to overturn the EFT returns. Sounds like EFT returns are now a closed chapter of the book.