This post comes in 2 parts, first the report, by Simon Bussutil MEP second the actions of the ECG
THE REPORT
This stems tems from our petition against the ECG is being discussed in plenary tonight, thanks to the marvels of the internet I am watching the parliament live as I type this
The final vote will be on Either Tuesday 16th or Thursday 18th December, if you have not done so before hand please contact your MEP and ask them to be present for the vote
How to contact your MEP:
You may find that you are represented by more than one MEP, if so, please contact them all!
http://www.europarl.eu.int/ ALL EU Countries please navigate to your country
http://www.writetothem.com/ UK Only (enter your postcode, you can then fax direct from the webform)
ACTIONS OF THE ECG
StopECG has received a copy of an email apparently mailed by the ECG to an MEP, which was forwarded to a constituent who is in dispute with the guide. The letter along with a number of comments are reproduced here.
When writing to your MEP feel free to reference the ECG’s letter and our comments on it, StopECG feels that if this letter is being sent to MEPs there is no harm in your referencing it and pointing out important counter arguments.
Jules Woodell
Senin, 15 Desember 2008
Jumat, 24 Oktober 2008
Video By Richard Corbett, MEP
This Video really needs no commentry from me, Richard succinctly deals with the matter
As Richard Notes there is now a draft report from the Petitions Committee on this matter which will soon be debated by the Parliament in Brussels, you can read the draft here: English = français = Deutsch = italiano = español = ελληνικά = magyar = polski = română = slovenčina = slovenščina = suomi = svenska = български = čeština = dansk = eesti keel = latviešu valoda = lietuvių kalba = Malti = Nederlands = português
I encourage everyone affected by the guides to draw the attention of their MEPs to this report. and to ask that they follow its progress
How to contact your MEP:
You may find that you are represented by more than one MEP, if so, please contact them all!
http://www.europarl.eu.int/ ALL EU Countries please navigate to your country
http://www.writetothem.com/ UK Only (enter your postcode, you can then fax direct from the webform)
Jules Woodell
As Richard Notes there is now a draft report from the Petitions Committee on this matter which will soon be debated by the Parliament in Brussels, you can read the draft here: English = français = Deutsch = italiano = español = ελληνικά = magyar = polski = română = slovenčina = slovenščina = suomi = svenska = български = čeština = dansk = eesti keel = latviešu valoda = lietuvių kalba = Malti = Nederlands = português
I encourage everyone affected by the guides to draw the attention of their MEPs to this report. and to ask that they follow its progress
How to contact your MEP:
You may find that you are represented by more than one MEP, if so, please contact them all!
http://www.europarl.eu.int/ ALL EU Countries please navigate to your country
http://www.writetothem.com/ UK Only (enter your postcode, you can then fax direct from the webform)
Jules Woodell
Selasa, 30 September 2008
Report From Brussels Pt.2, The German perspective
Below is a translation of Micheal Plümpe's report from the September 11th Meeting in Brussels including an explanation of the unique situation in Germany.
Special German Phenomena discussed in Brussels
A report by Michael Plümpe
I am from Berlin and therefore know the corridors of power first hand. Almost every week I pass the Government buildings by commuter train and regularly cannot prevent myself getting goose pimples.
This mixture of architectural pomp and bureaucratic utility is witness to the pride of a self-contained administration. This part of the city is structured like a machine and was built brand new on was what a bomb site to offer German citizens maximum efficiency in every aspect of administration, but it makes me scared.
The European Parliament in Brussels, however, is completely different. It is also a new edifice, but somehow fitted into the middle of a genuine old town at a genuine railway station. It seems to me more like a congress centre. The offices must be somewhere else, perhaps scattered throughout the whole city.
Inside people run around wearing black shoes and carrying backpacks, a strange combination. Where are the sleeve protectors? Where are the important faces in black suits? The safety procedures are relaxed and accreditation was quick and unbureaucratic - show your invitation, put on the name tag and welcome to the Plenary hall in which the committee meets. It is impressively professional. The round hall has outer walls with panes of tinted glass, behind each of which is a translator's cabin. How many languages Europe has! Despite this we can speak to each other without difficulty. These is not halls of power, these is halls of democracy.
So much for the atmosphere. A workshop is due to take place. The rappoteur of the parliament wanted to forge some ideas as to how to intervene in the problem of address book fraud. Where and how can and should the European Parliament become active to stop address book fraud.
Jules Woodell from stopecg.org spoke first. He had 3 minutes and made it even shorter. The law must be improved so that address book fraud can be punished throughout Europe.
Address Book Fraud - A German Invention?
After Jules Woodell it was my turn. I was prepared more for 10 minutes than for three, and therefore had to restrict myself top the essential points. The most important for me was to report to the parliament and to the invited organizations that address book fraud appears to be a German invention. Behind address book fraud, now active throughout the world, there are almost always German manipulators (Drahtzieher) and I believe that in Germany there are special conditions that are particularly favorable to address book fraud.
The particular German features that have enabled address book fraud to be so successful strong have also caused it to become a European and even a worldwide problem.
In Germany there is a legal distinction between the consumer and a trader. Whereas consumer protection is well developed, a trader is to a great extent left out in the cold.
There is a decision of the Federal Supreme Court that can be interpreted as an invitation to fraudsters to trick traders. In this decision it was stated that a trader must exercise particular care in signing documents. This which even prompted a judge in Düsseldorf to declare that a trader who signed as a result of a trick could have consulted a lawyer before signing. It was of course not known to the judge that even lawyers regularly fall for these trick forms.
In addition to the legal problems, Germany provides a particularly first class environment for address book fraudsters, and indeed economic fraudsters in general.
Germany - ideal for mafia-type networks
Address book fraudsters create mafia-type networks. They work with front men under the protection of service companies, shake off critics by company hopping and escape from the consequences overseas. Such mafia-type structures require overall secrecy, stealth and the special knowledge that only exists within the network.
Nothing is more harmful to dubious business practices than to be exposed to the harsh light of day. In Germany the fraudsters find the best conditions for such infrastructure.
Germany - the country of the muzzle
In German anyone can apply to have critical information forbidden, without a reasoned decision and without hearing the affected party.
This is not so readily possible in other democratic countries. Of course, also in Germany there are the usual promises found in a democracy that one can express one's opinion at any time, that information may not be suppressed. This is written in the constitution.
In Germany however, this constitutional right is not realizable in practice; a nice idea, but completely artificial.
There is a well-practiced legal structure which makes it possible to prohibit any opinion irrespective of whether it concerns information or opinion. The legal means is the "preliminary injunction" (Einstweilige Verfügung). Let us assume that a businessman has been criticized as being a fraudster on account of his dubious practices. He simply has to go to an attorney, sign a statutory declaration that he has an honest business and has never been convicted for fraud, and immediately a preliminary injunction is issued, which forbids one from calling this rogue trader a rogue trader or trickster. This happens without a court hearing and without asking the other party.
After that the other party can appeal, in which case there is a hearing in which he can prove that his statement was correct.
Theoretically he can, but it costs time and money, both of which the economic fraudsters have amply available, but not so the ordinary citizen.
Poisoning the constitution with ease
The practice of the preliminary injunction has another thorn in store for freedom of information, and this can be deadly for the expression of opinions. This is the basing of legal costs on "the value at stake".
It is a German phenomenon that the value at stake determines lawyers' and court costs. (The higher the value at stake the greater the legal costs), As far as I know this concept does not exist in other countries. With a preliminary injunction, the applicant can determine the value at stake.
In my case these sums regularly amounted to one hundred thousand euros and more, that is sums that lead to astronomical court costs. Who dares in these circumstances to publish any information or express any opinion?
These are the particularly German conditions, ideal conditions for economic fraudsters and address book tricksters who do not want their methods and accomplices to become known.
Unfortunately at this point in my lecture the Chairman indicated that my time had been exceeded, but I got the impression that the members of parliament present had understood.
The results of the meeting of the European Parliament
During the meeting it became clear that there were two basic positions.
One group was of the opinion that there were sufficient laws and that the problem was simply in implementation.
This group preferred an increased raising of awareness within the business community. In other words, the business community should be better informed and there should be a central European organization created that should help the business community to protect themselves against address book fraudsters.
The other group held the view that the law was not sufficient. An example was quoted from an ex-East block country of a firm belonging to the Ludenbach address book network that had won several court cases. Some courts there consider the wording is not deceptive and the successful decisions are then used to intimidate others into paying. In this way the tricksters are now earning millions. On the other hand, in Belgium the Ludenbach trick was given a clear rebuff by the court.
This shows that there is different legal treatment in different countries and that clearer laws are necessary in order to prevent in such miscarriage of justice as is now happening in the Czech Republic from occurring in the future.
The committee sat from 15:00 to 17:30 and in this short time discussed an astoundingly large number of aspects of the theme.
The next meeting will take place in October 2008.
I am from Berlin and therefore know the corridors of power first hand. Almost every week I pass the Government buildings by commuter train and regularly cannot prevent myself getting goose pimples.
This mixture of architectural pomp and bureaucratic utility is witness to the pride of a self-contained administration. This part of the city is structured like a machine and was built brand new on was what a bomb site to offer German citizens maximum efficiency in every aspect of administration, but it makes me scared.
The European Parliament in Brussels, however, is completely different. It is also a new edifice, but somehow fitted into the middle of a genuine old town at a genuine railway station. It seems to me more like a congress centre. The offices must be somewhere else, perhaps scattered throughout the whole city.
Inside people run around wearing black shoes and carrying backpacks, a strange combination. Where are the sleeve protectors? Where are the important faces in black suits? The safety procedures are relaxed and accreditation was quick and unbureaucratic - show your invitation, put on the name tag and welcome to the Plenary hall in which the committee meets. It is impressively professional. The round hall has outer walls with panes of tinted glass, behind each of which is a translator's cabin. How many languages Europe has! Despite this we can speak to each other without difficulty. These is not halls of power, these is halls of democracy.
So much for the atmosphere. A workshop is due to take place. The rappoteur of the parliament wanted to forge some ideas as to how to intervene in the problem of address book fraud. Where and how can and should the European Parliament become active to stop address book fraud.
Jules Woodell from stopecg.org spoke first. He had 3 minutes and made it even shorter. The law must be improved so that address book fraud can be punished throughout Europe.
Address Book Fraud - A German Invention?
After Jules Woodell it was my turn. I was prepared more for 10 minutes than for three, and therefore had to restrict myself top the essential points. The most important for me was to report to the parliament and to the invited organizations that address book fraud appears to be a German invention. Behind address book fraud, now active throughout the world, there are almost always German manipulators (Drahtzieher) and I believe that in Germany there are special conditions that are particularly favorable to address book fraud.
The particular German features that have enabled address book fraud to be so successful strong have also caused it to become a European and even a worldwide problem.
In Germany there is a legal distinction between the consumer and a trader. Whereas consumer protection is well developed, a trader is to a great extent left out in the cold.
There is a decision of the Federal Supreme Court that can be interpreted as an invitation to fraudsters to trick traders. In this decision it was stated that a trader must exercise particular care in signing documents. This which even prompted a judge in Düsseldorf to declare that a trader who signed as a result of a trick could have consulted a lawyer before signing. It was of course not known to the judge that even lawyers regularly fall for these trick forms.
In addition to the legal problems, Germany provides a particularly first class environment for address book fraudsters, and indeed economic fraudsters in general.
Germany - ideal for mafia-type networks
Address book fraudsters create mafia-type networks. They work with front men under the protection of service companies, shake off critics by company hopping and escape from the consequences overseas. Such mafia-type structures require overall secrecy, stealth and the special knowledge that only exists within the network.
Nothing is more harmful to dubious business practices than to be exposed to the harsh light of day. In Germany the fraudsters find the best conditions for such infrastructure.
Germany - the country of the muzzle
In German anyone can apply to have critical information forbidden, without a reasoned decision and without hearing the affected party.
This is not so readily possible in other democratic countries. Of course, also in Germany there are the usual promises found in a democracy that one can express one's opinion at any time, that information may not be suppressed. This is written in the constitution.
In Germany however, this constitutional right is not realizable in practice; a nice idea, but completely artificial.
There is a well-practiced legal structure which makes it possible to prohibit any opinion irrespective of whether it concerns information or opinion. The legal means is the "preliminary injunction" (Einstweilige Verfügung). Let us assume that a businessman has been criticized as being a fraudster on account of his dubious practices. He simply has to go to an attorney, sign a statutory declaration that he has an honest business and has never been convicted for fraud, and immediately a preliminary injunction is issued, which forbids one from calling this rogue trader a rogue trader or trickster. This happens without a court hearing and without asking the other party.
After that the other party can appeal, in which case there is a hearing in which he can prove that his statement was correct.
Theoretically he can, but it costs time and money, both of which the economic fraudsters have amply available, but not so the ordinary citizen.
Poisoning the constitution with ease
The practice of the preliminary injunction has another thorn in store for freedom of information, and this can be deadly for the expression of opinions. This is the basing of legal costs on "the value at stake".
It is a German phenomenon that the value at stake determines lawyers' and court costs. (The higher the value at stake the greater the legal costs), As far as I know this concept does not exist in other countries. With a preliminary injunction, the applicant can determine the value at stake.
In my case these sums regularly amounted to one hundred thousand euros and more, that is sums that lead to astronomical court costs. Who dares in these circumstances to publish any information or express any opinion?
These are the particularly German conditions, ideal conditions for economic fraudsters and address book tricksters who do not want their methods and accomplices to become known.
Unfortunately at this point in my lecture the Chairman indicated that my time had been exceeded, but I got the impression that the members of parliament present had understood.
The results of the meeting of the European Parliament
During the meeting it became clear that there were two basic positions.
One group was of the opinion that there were sufficient laws and that the problem was simply in implementation.
This group preferred an increased raising of awareness within the business community. In other words, the business community should be better informed and there should be a central European organization created that should help the business community to protect themselves against address book fraudsters.
The other group held the view that the law was not sufficient. An example was quoted from an ex-East block country of a firm belonging to the Ludenbach address book network that had won several court cases. Some courts there consider the wording is not deceptive and the successful decisions are then used to intimidate others into paying. In this way the tricksters are now earning millions. On the other hand, in Belgium the Ludenbach trick was given a clear rebuff by the court.
This shows that there is different legal treatment in different countries and that clearer laws are necessary in order to prevent in such miscarriage of justice as is now happening in the Czech Republic from occurring in the future.
The committee sat from 15:00 to 17:30 and in this short time discussed an astoundingly large number of aspects of the theme.
The next meeting will take place in October 2008.
Michael Plümpe
Senin, 22 September 2008
Report from Brussels: Lopez Paleaz defends the ECG
As time permits I will write up in more detail the proceedings of the Public workshop of the Petitions Committee in the European Parliament which was held on 11th September 2008.
For now I will concentrate on the presentation and answers of Francisco Lopez Palaez, who, flanked by his lawyer, spoke on behalf of the European City Guide (ECG). Mr Lopez Paleaz has fronted the ECG pretty much from the outset, and has steered the company though it’s unsuccessful legal defence in Barcelona and subsequent move to Valencia. He came to Brussels to speak at his own request. While I utterly oppose the business practices of Mr Lopez Paleaz, credit where it’s due for coming into the lions den to defend himself.
When asked to speak he immediately set about criticising StopECG, me, and Michael Plümpe (Who has to managed a German language website critical of the guides).
I had signed his form but never paid, and am apparently an anti-system activist pedalling defamation and insults, the website ties his company in with unconnected companies and even separate scams, while Plumpe associated with a known Paedophile. (These are all claims made on the German defamation site used by Ludenbach guides to attack those who criticize them.)
His clients are professionals, he gets requests to sign up and satisfied return customers. At one stage he held aloft the disputed form, pointing out that it required a signature, that the terms are on the back and that the price is in black. He stated that the form complies with the law (If not he would be punished) and that the client defence was free to the customer.
He stated that the ECG mails 6 and a half million forms per annum, 32 million in the last 6 years (This figure is far higher than I had estimated). He stated (To some mirth) that he complies with the law and has never been found guilty. He also caused amusement with his claim that he could not speak for the other guides (Common ownership of many of these guides being a proven fact)
Simon Busuttil MEP, who will soon author a report on the Petition asked
1) Why the form never mentions that it is an advertisement but the first letter sent to people who signed it does use the word?
2) Why the ECG had moved to Valencia?
3) Was the ECG found Guilty in Belgium?
Lopez Paleaz Replied
1) The form has the word ORDER in bold
2) Moved to Valencia because it was an up and coming town, (Admiral's Cup, Formula One, business friendly), No mention of his company’s conviction for misleading advertising in Barcelona!
3) The Rulings against the ECG are not firm rulings (Because the Brussles conviction is under Appeal) Later Mr. Lopez Paleaz’s own Lawyer would have to qualify this point because the Barcelona conviction is now confirmed with all appeal processes exhausted.
When asked why the ECG has such a poor relationship with its customers
Lopez Paleaz replied that the complaints were fuelled by the websites rather than genuine grievance.
Later the ECG’s lawyer would state that his client was not a crook, had traded in Spain (Barcelona and Valencia both being under Spanish Law) for over 10 years and had 46 employees. He said that the use of high pressure collection tactics and claims of imminent legal action did not constitute threats as the courts exist to resolve disputes.
Then came perhaps the most remarkable claim of the session, that the Majority of the ECG’s clients were satisfied.
In response I did not see it necessary to answer the personal attacks; however I did state one thing and I will repeat it here. I did indeed sign the ECG’s form and then refuse to pay, and if Mr. Lopez Paleaz believes I am in the wrong he should take me to court and sue me for breach of contract. In fact I want him to do this because I firmly believe that I could prove to the judge that the form I signed was misleading, was contrived with the intent to deceive me (Fraud) and is not a legally binding contract.
Regarding the claim that the Majority of the ECG’s customers are satisfied I have decided to institute the Lopez Paleaz Challenge, help me to find this silent majority! If you would like to assist in this please email me
For now I will concentrate on the presentation and answers of Francisco Lopez Palaez, who, flanked by his lawyer, spoke on behalf of the European City Guide (ECG). Mr Lopez Paleaz has fronted the ECG pretty much from the outset, and has steered the company though it’s unsuccessful legal defence in Barcelona and subsequent move to Valencia. He came to Brussels to speak at his own request. While I utterly oppose the business practices of Mr Lopez Paleaz, credit where it’s due for coming into the lions den to defend himself.
When asked to speak he immediately set about criticising StopECG, me, and Michael Plümpe (Who has to managed a German language website critical of the guides).
I had signed his form but never paid, and am apparently an anti-system activist pedalling defamation and insults, the website ties his company in with unconnected companies and even separate scams, while Plumpe associated with a known Paedophile. (These are all claims made on the German defamation site used by Ludenbach guides to attack those who criticize them.)
His clients are professionals, he gets requests to sign up and satisfied return customers. At one stage he held aloft the disputed form, pointing out that it required a signature, that the terms are on the back and that the price is in black. He stated that the form complies with the law (If not he would be punished) and that the client defence was free to the customer.
He stated that the ECG mails 6 and a half million forms per annum, 32 million in the last 6 years (This figure is far higher than I had estimated). He stated (To some mirth) that he complies with the law and has never been found guilty. He also caused amusement with his claim that he could not speak for the other guides (Common ownership of many of these guides being a proven fact)
Simon Busuttil MEP, who will soon author a report on the Petition asked
1) Why the form never mentions that it is an advertisement but the first letter sent to people who signed it does use the word?
2) Why the ECG had moved to Valencia?
3) Was the ECG found Guilty in Belgium?
Lopez Paleaz Replied
1) The form has the word ORDER in bold
2) Moved to Valencia because it was an up and coming town, (Admiral's Cup, Formula One, business friendly), No mention of his company’s conviction for misleading advertising in Barcelona!
3) The Rulings against the ECG are not firm rulings (Because the Brussles conviction is under Appeal) Later Mr. Lopez Paleaz’s own Lawyer would have to qualify this point because the Barcelona conviction is now confirmed with all appeal processes exhausted.
When asked why the ECG has such a poor relationship with its customers
Lopez Paleaz replied that the complaints were fuelled by the websites rather than genuine grievance.
Later the ECG’s lawyer would state that his client was not a crook, had traded in Spain (Barcelona and Valencia both being under Spanish Law) for over 10 years and had 46 employees. He said that the use of high pressure collection tactics and claims of imminent legal action did not constitute threats as the courts exist to resolve disputes.
Then came perhaps the most remarkable claim of the session, that the Majority of the ECG’s clients were satisfied.
In response I did not see it necessary to answer the personal attacks; however I did state one thing and I will repeat it here. I did indeed sign the ECG’s form and then refuse to pay, and if Mr. Lopez Paleaz believes I am in the wrong he should take me to court and sue me for breach of contract. In fact I want him to do this because I firmly believe that I could prove to the judge that the form I signed was misleading, was contrived with the intent to deceive me (Fraud) and is not a legally binding contract.
Regarding the claim that the Majority of the ECG’s customers are satisfied I have decided to institute the Lopez Paleaz Challenge, help me to find this silent majority! If you would like to assist in this please email me
Rabu, 06 Agustus 2008
Hazardous Chemicals: Control and Regulation - spam
I am always suspicious of unsolicited emails advising me of something I might need for my business to comply with new regulations or laws
So when an unsolicited email from Amy Cole of Research and Markets Ltd. arrived at a stopECG.org email address I have never used for subscriptions I thought I would give it a closer look.
The email is basically a plug for a year-old book by Herbert F Bender and Philipp Eisenbarth, Titled Hazardous Chemicals: Control and Regulation in the European Market. The title of the book is used as the subject line for the email, which is couched as a report on the book, only later on does it become clear that it is an advertisement, while the Email does not state YOU NEED THIS BOOK the intonation was that your business might be missing out or non-compliant without it.
I must state clearly that while this is spam in most people’s understanding of the word, Amy Cole is not breaking UK law as long as she only sends to business users and as long as a clear unsubscribe option is offered.
My reason for flagging this up is that whenever new legislation comes to bear there are those, both genuine businesses and scammers who will seek to profit from your ignorance. If you feel you need this book you might just click the link and buy it, the quoted price of 105 Euros is not that bad… is it?
So I followed the link onto http://www.researchandmarkets.com and added the book to my cart, at checkout Shipping and Handling was added at a cool 50 euros! That brings the total in my currency to approx £123
A quick look on Amazon and I can grab the same title, delivered to my door from one of their sellers for less than £60.
So the advice is that when you get those messages offering products to help you comply with current legislation, be careful. Even if you do actually need the product offered it may be available for much less or even for free elsewhere. A few clicks on the search engines could save you a lot of money!
So when an unsolicited email from Amy Cole of Research and Markets Ltd. arrived at a stopECG.org email address I have never used for subscriptions I thought I would give it a closer look.
The email is basically a plug for a year-old book by Herbert F Bender and Philipp Eisenbarth, Titled Hazardous Chemicals: Control and Regulation in the European Market. The title of the book is used as the subject line for the email, which is couched as a report on the book, only later on does it become clear that it is an advertisement, while the Email does not state YOU NEED THIS BOOK the intonation was that your business might be missing out or non-compliant without it.
I must state clearly that while this is spam in most people’s understanding of the word, Amy Cole is not breaking UK law as long as she only sends to business users and as long as a clear unsubscribe option is offered.
My reason for flagging this up is that whenever new legislation comes to bear there are those, both genuine businesses and scammers who will seek to profit from your ignorance. If you feel you need this book you might just click the link and buy it, the quoted price of 105 Euros is not that bad… is it?
So I followed the link onto http://www.researchandmarkets.com and added the book to my cart, at checkout Shipping and Handling was added at a cool 50 euros! That brings the total in my currency to approx £123
A quick look on Amazon and I can grab the same title, delivered to my door from one of their sellers for less than £60.
So the advice is that when you get those messages offering products to help you comply with current legislation, be careful. Even if you do actually need the product offered it may be available for much less or even for free elsewhere. A few clicks on the search engines could save you a lot of money!
Selasa, 17 Juni 2008
An Open Letter to the owners of Expo-Guide
Dear Sir/Madam,
Having studied the forms currently being mailed by expo-guide and done comparisons with the forms formerly mailed by Construct Data Verlag (CDV) I have come to the conclusion that it is almost impossible that your forms were contrived without reference to Construct Data’s mailings
I fully accept that you may have accepted the design in complete innocence, that they it have been presented to you by a third party, and that as such this letter may represent your first warning of the problems these forms can cause.
A little history
CDVs forms were widely criticised, for over a decade the company profited from the fact that people would sign the forms in error, mistaking them for a communication from an exhibition organiser. CDV suffered numerous adverse rulings, both legal and from self regulatory organisations. When faced with such rulings they would amend the form slightly, but the aspects of the form which mislead were always maintained.
In early 2007 after a prolonged legal tussle with the Schutzverband gegen unlauteren Wettbewerb CDV found it necessary to modify their forms once again and the latest layout, (the layout to which expo-guides forms correspond) was conceived. I was in no doubt that the new form would mislead and I published an open letter to Wolfgang Valvoda, CEO of CDV telling him of my concerns and offering to assist in the design of a form that would not mislead
The letter went unanswered and the forms were indeed signed in error, in very large numbers. In November 2007 I was forced to publish a second open letter in which I concluded that Mr Valvoda was either remarkably inept or had set out with the intent to decieve, again he chose not to respond. Eventually the Schutzverband gegen unlauteren Wettbewerb forced deeper concessions from CDV who are now barred from mailing new forms from Austria.
Because CDV made concessions out of court the forms were never subjected to detailed scrutiny by a judge, which does not mean that they are legal!
The Forms you are mailing
So there you have it, expo-guide are in the position CDV found themselves in back in April 2007, you are mailing a form that I predict will be signed in error, you can fully expect that many who sign the new form will refuse to pay you.
You have clearly invested considerable money in this new project, with phone lines in six countries and a substantial website at http://www.expo-guide.com but your business model could be fatally flawed if you persist with the forms you are mailing at present.
Another Free offer
So once again I am willing to offer my time and experience to help your company design a form that cannot mislead, this offer comes with two provisos:
Jules Woodell - 16th June 2008
See StopECGs Advice page regarding expo-guide
Having studied the forms currently being mailed by expo-guide and done comparisons with the forms formerly mailed by Construct Data Verlag (CDV) I have come to the conclusion that it is almost impossible that your forms were contrived without reference to Construct Data’s mailings
I fully accept that you may have accepted the design in complete innocence, that they it have been presented to you by a third party, and that as such this letter may represent your first warning of the problems these forms can cause.
A little history
CDVs forms were widely criticised, for over a decade the company profited from the fact that people would sign the forms in error, mistaking them for a communication from an exhibition organiser. CDV suffered numerous adverse rulings, both legal and from self regulatory organisations. When faced with such rulings they would amend the form slightly, but the aspects of the form which mislead were always maintained.
In early 2007 after a prolonged legal tussle with the Schutzverband gegen unlauteren Wettbewerb CDV found it necessary to modify their forms once again and the latest layout, (the layout to which expo-guides forms correspond) was conceived. I was in no doubt that the new form would mislead and I published an open letter to Wolfgang Valvoda, CEO of CDV telling him of my concerns and offering to assist in the design of a form that would not mislead
The letter went unanswered and the forms were indeed signed in error, in very large numbers. In November 2007 I was forced to publish a second open letter in which I concluded that Mr Valvoda was either remarkably inept or had set out with the intent to decieve, again he chose not to respond. Eventually the Schutzverband gegen unlauteren Wettbewerb forced deeper concessions from CDV who are now barred from mailing new forms from Austria.
Because CDV made concessions out of court the forms were never subjected to detailed scrutiny by a judge, which does not mean that they are legal!
The Forms you are mailing
So there you have it, expo-guide are in the position CDV found themselves in back in April 2007, you are mailing a form that I predict will be signed in error, you can fully expect that many who sign the new form will refuse to pay you.
You have clearly invested considerable money in this new project, with phone lines in six countries and a substantial website at http://www.expo-guide.com but your business model could be fatally flawed if you persist with the forms you are mailing at present.
Another Free offer
So once again I am willing to offer my time and experience to help your company design a form that cannot mislead, this offer comes with two provisos:
- I would expect you to accept that your initial mailshots were a mistake, and where people state that they signed in error you should offer them the opportunity to rescind the contract.
- That in accepting a new design you take it in its entirety and do not modify it or alter the meaning when translating into other languages
Should Expo-guide continue to mail the misleading forms and/or demand money from those who have signed in error it will be hard not to conclude that it is your intent to mislead people. In that instance stopECG will campaign against you with the same zeal CDV experienced.
Should you wish to reply to any part of this letter, please let me know, your reply will be published here for all readers to see.
Jules Woodell - 16th June 2008
See StopECGs Advice page regarding expo-guide
Selasa, 03 Juni 2008
A Second Trip To Brusels
It has been a year since I last visited Brussels and made my first presentation to the Petitions Committee
After a slow start, things have are on the move, Arlene McCarthy MEP has raised the matter in The Parliament, leading to a short debate. Commissioner Meglena Kuneva has written to member states that host guides and received responses from several, The Petitions and Internal markets Committees have both moved forward and Rapporteur, Simon Busuttil MEP, is starting to compile his report.
In short I arrived in a Brussels where there is a real head of steam on the matter and MEPs from all parties are showing determination that this scourge must be stopped. Do not thank me for this, thank your MEPs and most of all yourselves, everyone who has written to their MEP or petitioned the parliament has contributed, if you have not yet written, it is not too late, see the info at the end of this report
I got to the Accreditation centre at mid day, I was early and there was no pass for me but the problem was quickly resolved, I must compliment the way the staff of the committees work under considerable pressure, the agendas were constantly changing to fit with who could be present but at no time was I left in the dark as to what was going on.
Once inside I had 10 minutes to go over my presentation with Richard Corbett MEP, who has done so much to help over the years, then to meet Simon Busuttil, Rapporteur for the Petitions Committee, Mr Busuttil had obtained a copy of the printed European City Guide as a prop for the press conference and he and his assistant were busy thumbing the pages for Malta, They were clearly surprised at how many organisations they knew personally were listed.
It is a challenge I suggest any reader with a few minutes to spare takes up, visit
http://www.eurocityguide.com/ and look up your home town, see how many organisations that you know are listed. Now magnify that across the whole continent! Oh, and if you have the time, why not phone a few of those companies and see if they signed in error? If they did, please tell them about this campaign and get them to write letters of complaint.
After a quick look at the guide it was time to do the press conference.
You can read reports from the press conference here and here
Interview with Simon Busuttil conducted later the same day.
After The Press conference there was time for a quick coffee before hurrying down to the Petitions Committee. Vincenso had arrived from Italy, he is the instigator of the petition against the ECG, and he was also the first person to set up a website against the guide (way back in 2000).
Unfortunately the agenda was changed again to accommodate Irish petitioners who were in danger of missing their flights home and our presentations slipped towards the end of the day. I had just discovered that my presentation to the Committee on the Internal Market and Consumer Protection (IMCO) was on and the 2 were now in danger of overlapping
By the time we spoke our presentations were cut from 5 to 3 minutes, I scored out parts of my hard worked on speech but still got cut short before covering the main points I had on possible ways of partially extending the Unfair Commercial Practices Directive and on the need for a central advice website. Vincenso faired better and was able to give some good data on the numbers of people affected in Italy
MEPs were then given just one minute each
See my detailed notes on MEP responses
As soon as the debate was over I had to run to catch the IMCO, here at last a longer opportunity to explain how the guides operate, what EU laws might work against them and the possible pitfalls of using such laws against a wily opponent.
This committee is investigating in greater detail what mechanisms might be used to tackle the scam guide problem. As I was preparing answers for questions I have not managed to make full notes on the proceedings.
The main questions received covered:
There were also useful suggestions on upcoming acts in the parliament and how they might help as well as the use of Self Regulatory Organisations (SROs)
What was most striking about returning to Brussels was the breadth and depth of MEPs understanding of the problem and the very clear cross-party resolve that these scams need to be stopped.
If you are affected by any of the guides listed on stopecg.org or by another business to business directory scam based in Europe, please make sure MEPs and the Commissioner are aware of your plight. Here is how.
What should you write?
StopECG encourages people complaining about the guides to send a short letter explaining your experiences, include comments on how this has affected you financially and emotionally. Has it caused strains within an organisation because one person signed in error and others must deal with the fallout? Have you lost sleep over the matter? Have you paid the guide and/or paid for legal advice? Have you suffered abusive phone calls from sham debt collection outfits?
With the letter please send scans of your correspondence with the guides/debt collectors and replies from national governments and or local authorities. If you feel a national or regional authority has replied in an unsatisfactory manner please flag that up in your covering letter.
EU Residents
Go to
http://www.europarl.europa.eu/
and click the link for your country, you should then see a link in the top tabs for ‘Your MEP’, or ‘Your Representative’ Click this link and you will get a map of Europe.
(Lost? Here is the Map in English)
On the map, Click your country,
Some Countries list MEPs by region, navigate to your region and write to All MEPs who represent the region (Yes, there may be several)
Other countries list MEPs without noting the area that elected them, in this instance you may need to contact one at random and ask their assistance in letting you know which MEPs you should write to.
Non EU Residents complaining about scam guides based within the EU should write direct to the commissioner:
Meglena Kuneva
EUROPEAN COMMISSION
DG Health and Consumer Protection
B-1049 BRUSSELS
Belgium
Please CC your letter to the Rapporteur
Simon Busuttil MEP,
Altiero Spinelli,
09E210,
60 rue Wiertz,
B-1047,
Brussels,
Belgium
For general advice on writing letters of complaint please visit the main Stopecg website
Jules Woodell, 3rd June 2008
After a slow start, things have are on the move, Arlene McCarthy MEP has raised the matter in The Parliament, leading to a short debate. Commissioner Meglena Kuneva has written to member states that host guides and received responses from several, The Petitions and Internal markets Committees have both moved forward and Rapporteur, Simon Busuttil MEP, is starting to compile his report.
In short I arrived in a Brussels where there is a real head of steam on the matter and MEPs from all parties are showing determination that this scourge must be stopped. Do not thank me for this, thank your MEPs and most of all yourselves, everyone who has written to their MEP or petitioned the parliament has contributed, if you have not yet written, it is not too late, see the info at the end of this report
I got to the Accreditation centre at mid day, I was early and there was no pass for me but the problem was quickly resolved, I must compliment the way the staff of the committees work under considerable pressure, the agendas were constantly changing to fit with who could be present but at no time was I left in the dark as to what was going on.
Once inside I had 10 minutes to go over my presentation with Richard Corbett MEP, who has done so much to help over the years, then to meet Simon Busuttil, Rapporteur for the Petitions Committee, Mr Busuttil had obtained a copy of the printed European City Guide as a prop for the press conference and he and his assistant were busy thumbing the pages for Malta, They were clearly surprised at how many organisations they knew personally were listed.
It is a challenge I suggest any reader with a few minutes to spare takes up, visit
http://www.eurocityguide.com/ and look up your home town, see how many organisations that you know are listed. Now magnify that across the whole continent! Oh, and if you have the time, why not phone a few of those companies and see if they signed in error? If they did, please tell them about this campaign and get them to write letters of complaint.
After a quick look at the guide it was time to do the press conference.
You can read reports from the press conference here and here
Interview with Simon Busuttil conducted later the same day.
After The Press conference there was time for a quick coffee before hurrying down to the Petitions Committee. Vincenso had arrived from Italy, he is the instigator of the petition against the ECG, and he was also the first person to set up a website against the guide (way back in 2000).
Unfortunately the agenda was changed again to accommodate Irish petitioners who were in danger of missing their flights home and our presentations slipped towards the end of the day. I had just discovered that my presentation to the Committee on the Internal Market and Consumer Protection (IMCO) was on and the 2 were now in danger of overlapping
By the time we spoke our presentations were cut from 5 to 3 minutes, I scored out parts of my hard worked on speech but still got cut short before covering the main points I had on possible ways of partially extending the Unfair Commercial Practices Directive and on the need for a central advice website. Vincenso faired better and was able to give some good data on the numbers of people affected in Italy
MEPs were then given just one minute each
See my detailed notes on MEP responses
As soon as the debate was over I had to run to catch the IMCO, here at last a longer opportunity to explain how the guides operate, what EU laws might work against them and the possible pitfalls of using such laws against a wily opponent.
This committee is investigating in greater detail what mechanisms might be used to tackle the scam guide problem. As I was preparing answers for questions I have not managed to make full notes on the proceedings.
The main questions received covered:
- How Chambers of Commerce could help,
- The problems raised by regional governments having responsibility rather than national governments,
- How well cross border cooperation had worked in the past,
- Possible use of Class actions
There were also useful suggestions on upcoming acts in the parliament and how they might help as well as the use of Self Regulatory Organisations (SROs)
What was most striking about returning to Brussels was the breadth and depth of MEPs understanding of the problem and the very clear cross-party resolve that these scams need to be stopped.
If you are affected by any of the guides listed on stopecg.org or by another business to business directory scam based in Europe, please make sure MEPs and the Commissioner are aware of your plight. Here is how.
What should you write?
StopECG encourages people complaining about the guides to send a short letter explaining your experiences, include comments on how this has affected you financially and emotionally. Has it caused strains within an organisation because one person signed in error and others must deal with the fallout? Have you lost sleep over the matter? Have you paid the guide and/or paid for legal advice? Have you suffered abusive phone calls from sham debt collection outfits?
With the letter please send scans of your correspondence with the guides/debt collectors and replies from national governments and or local authorities. If you feel a national or regional authority has replied in an unsatisfactory manner please flag that up in your covering letter.
EU Residents
Go to
http://www.europarl.europa.eu/
and click the link for your country, you should then see a link in the top tabs for ‘Your MEP’, or ‘Your Representative’ Click this link and you will get a map of Europe.
(Lost? Here is the Map in English)
On the map, Click your country,
Some Countries list MEPs by region, navigate to your region and write to All MEPs who represent the region (Yes, there may be several)
Other countries list MEPs without noting the area that elected them, in this instance you may need to contact one at random and ask their assistance in letting you know which MEPs you should write to.
Non EU Residents complaining about scam guides based within the EU should write direct to the commissioner:
Meglena Kuneva
EUROPEAN COMMISSION
DG Health and Consumer Protection
B-1049 BRUSSELS
Belgium
Please CC your letter to the Rapporteur
Simon Busuttil MEP,
Altiero Spinelli,
09E210,
60 rue Wiertz,
B-1047,
Brussels,
Belgium
For general advice on writing letters of complaint please visit the main Stopecg website
Jules Woodell, 3rd June 2008
Minggu, 24 Februari 2008
German Tax Evaders Beware.
Over the last few weeks a rather remarkable spat has developed between Germany and the tiny state of Lichtenstein
Poorly reported in the English Language press are events culminating in the German Government paying a substantial sum to a Lichtenstein bank employee for a CD containing the personal bank details of German Citizens.
The effective bribe followed resistance by the Lichtenstein Government to German demands that they cease shielding tax evaders with secretive banking laws, the illicit purchase of the data has caused a major diplomatic upset between the 2 countries.
The Best English Language report I could find emanates from South Africa
The BBC covers it in less detail
Raids on suspected tax evaders have followed with many of Germany’s rich and famous cowering at the prospect of their supposedly secret financial details finding their way into the hands of the tax authorities. Lawyers have been hired, bringing dozens of cases against the government in an attempt to head off any further investigations
So why is StopECG interested in these events?
Well again and again we have seen money from the scam guides passing through Lichtenstein, a network of holding companies run by fix it men in the principality appears to assist with the establishment of scam outfits and satellite companies whose activities are far from clear.
More importantly most of the people behind the scam guides (both the international operations and a plethora of smaller guides that target Germany itself) are German nationals; it is some of their personal banking details that may now be coming up on computer screens inside the tax authority’s offices.
It could well be that like Al Capone in the past, some German scam operators now have more to fear from the taxman than the police.
Poorly reported in the English Language press are events culminating in the German Government paying a substantial sum to a Lichtenstein bank employee for a CD containing the personal bank details of German Citizens.
The effective bribe followed resistance by the Lichtenstein Government to German demands that they cease shielding tax evaders with secretive banking laws, the illicit purchase of the data has caused a major diplomatic upset between the 2 countries.
The Best English Language report I could find emanates from South Africa
The BBC covers it in less detail
Raids on suspected tax evaders have followed with many of Germany’s rich and famous cowering at the prospect of their supposedly secret financial details finding their way into the hands of the tax authorities. Lawyers have been hired, bringing dozens of cases against the government in an attempt to head off any further investigations
So why is StopECG interested in these events?
Well again and again we have seen money from the scam guides passing through Lichtenstein, a network of holding companies run by fix it men in the principality appears to assist with the establishment of scam outfits and satellite companies whose activities are far from clear.
More importantly most of the people behind the scam guides (both the international operations and a plethora of smaller guides that target Germany itself) are German nationals; it is some of their personal banking details that may now be coming up on computer screens inside the tax authority’s offices.
It could well be that like Al Capone in the past, some German scam operators now have more to fear from the taxman than the police.
Minggu, 13 Januari 2008
WARNING: United Media s.r.o / World Telecommunications Directory
Almost a year ago I reported on a misleading advert mailed within the UK
The concern I voiced then was that the form looked like an invoice and that it would be possible for medium to large companies that did not use strict auditing of invoices to pay the amount under the misapprehension that it was a due bill.
Well take a look at this:
I was sent a scan of this last week by a former victim of the ECG who is of course now very wise to potentially misleading adverts. 2 Days later one arrived at an address where I work. I did a very unscientific test and took the form into some local shops. All the younger shop workers assumed it was a bill, only one, older, shopkeeper spotted that it is in fact an advert.
This is a serious problem, as companies grow the process of ordering goods/services can become separated from the payment of invoices. It is in such circumstances that a document like this could be sent to Accounts/Payments and unwittingly paid. Perhaps as many as 1 in 100 larger companies pay unsolicited invoices in error!
Worse is to come…
Above are the terms and conditions from the reverse. Point one states: “This offer becomes an irrevocable and binding contract upon payment or Authorisation, which at the same time implies a full acceptance of the following terms and conditions.”
Those following terms state that unless written cancellation is received you will be added to the next edition and invoiced accordingly, but of course you are unaware of your entry so are unlikely to cancel, when, next year the invoice arrives it will presumably be a proper invoice, not a misleading advert and it will go to accounts and be paid. Unless checks are brought in and all past invoices audited you could go on paying these bills indefinitely!
Do you manage a medium to large company? Then PLEASE check that you have in place a proper system to check that all invoices paid are for things you actually ordered. It is as simple as ensuring that all orders placed by your staff have a reference and that accounts must not pay any invoice they cannot tie to your ordering history. Most accounting software will have the facility to easily add such a check.
If you find that your system is not currently foolproof, please check all existing outgoings to ensure that companies like United Media s.r.o. have not accidently found their way into your accounts. Please also send this blog entry to any associates you think might benefit from the advice above.
If you find that your company has been paying United Media s.r.o or any similar directory company in error stopECG would be very interested in having copies of your communications with them for our archive. Please send scans.
If you work at a large company and receive a form like this
1) Draw it to the attention of management
2) Mark it clearly 'UNSOLICTIED NOT TO BE PAID'
3) Send it to Accounts/Payments with the advice that it be circulated so all staff are aware of such adverts. Other names to look out for include (List is far from complete)
International Trade and Business Database
International Yellow Pages World Trade and Business Directory
International Yellow Pages & Fax Directories on Internet and CD ROM
International Business & Trade Database (World Telecommunications Directories) IT & T Ag International Business Directories
UTP Digital Directories
Transworld Business and Buyers Directories
World Telecommunications Database International Trade and Business Directory
World Trade and Business Directory
Got a form that is not on this list? Please send it!
More about United Media s.r.o.
The info below represents very basic research, StopECG will follow this up with a full page if this company continues to mail forms we consider misleading.
The Name World Telecommunications Directory is new, but the form is very similar to one mailed using the name International Business & Trade Database. Here’s an example from 2002.
According to the Company registers United Media s.r.o. has been trading since 1994
Their database can be found at
The concern I voiced then was that the form looked like an invoice and that it would be possible for medium to large companies that did not use strict auditing of invoices to pay the amount under the misapprehension that it was a due bill.
Well take a look at this:
I was sent a scan of this last week by a former victim of the ECG who is of course now very wise to potentially misleading adverts. 2 Days later one arrived at an address where I work. I did a very unscientific test and took the form into some local shops. All the younger shop workers assumed it was a bill, only one, older, shopkeeper spotted that it is in fact an advert.
This is a serious problem, as companies grow the process of ordering goods/services can become separated from the payment of invoices. It is in such circumstances that a document like this could be sent to Accounts/Payments and unwittingly paid. Perhaps as many as 1 in 100 larger companies pay unsolicited invoices in error!
Worse is to come…
Above are the terms and conditions from the reverse. Point one states: “This offer becomes an irrevocable and binding contract upon payment or Authorisation, which at the same time implies a full acceptance of the following terms and conditions.”
Those following terms state that unless written cancellation is received you will be added to the next edition and invoiced accordingly, but of course you are unaware of your entry so are unlikely to cancel, when, next year the invoice arrives it will presumably be a proper invoice, not a misleading advert and it will go to accounts and be paid. Unless checks are brought in and all past invoices audited you could go on paying these bills indefinitely!
Do you manage a medium to large company? Then PLEASE check that you have in place a proper system to check that all invoices paid are for things you actually ordered. It is as simple as ensuring that all orders placed by your staff have a reference and that accounts must not pay any invoice they cannot tie to your ordering history. Most accounting software will have the facility to easily add such a check.
If you find that your system is not currently foolproof, please check all existing outgoings to ensure that companies like United Media s.r.o. have not accidently found their way into your accounts. Please also send this blog entry to any associates you think might benefit from the advice above.
If you find that your company has been paying United Media s.r.o or any similar directory company in error stopECG would be very interested in having copies of your communications with them for our archive. Please send scans.
If you work at a large company and receive a form like this
1) Draw it to the attention of management
2) Mark it clearly 'UNSOLICTIED NOT TO BE PAID'
3) Send it to Accounts/Payments with the advice that it be circulated so all staff are aware of such adverts. Other names to look out for include (List is far from complete)
International Trade and Business Database
International Yellow Pages World Trade and Business Directory
International Yellow Pages & Fax Directories on Internet and CD ROM
International Business & Trade Database (World Telecommunications Directories) IT & T Ag International Business Directories
UTP Digital Directories
Transworld Business and Buyers Directories
World Telecommunications Database International Trade and Business Directory
World Trade and Business Directory
Got a form that is not on this list? Please send it!
More about United Media s.r.o.
The info below represents very basic research, StopECG will follow this up with a full page if this company continues to mail forms we consider misleading.
The Name World Telecommunications Directory is new, but the form is very similar to one mailed using the name International Business & Trade Database. Here’s an example from 2002.
According to the Company registers United Media s.r.o. has been trading since 1994
Their database can be found at
http://www.unitedmedia.cz/
However when we tried to access it the search function did not work
From one of their alternate websites
http://www.unitedtelecom.cz/
It is possible to see the database entries by selecting a country from the drop down menu, what you get is an alphabetical listing served up in pages of 10. For the UK alone they have 1178466 entries, that means 117847 pages of results but you cannot navigate to a selected page number, or search the listings meaningfully. There is also no indication that companies who have paid are getting anything extra for their £371. Based on the current state of the database a listing there will be next to worthless.
Some Press coverage on the company (StopECG is not responsible for the wording of external sites)
Companies warned over invoice con (BBC)
Firms warned to watch out for scams (York Press)
Internal Audit- Fraudulent Invoices (University of Kent)
To recieve occasional warnings about scams and tricks affecting the business community send a blank email to: constoppers-subscribe@yahoogroups.com
Jules Woodell
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