1 00:00:00,467 --> 00:00:02,233 {\an8}After she purchased all this product, 2 00:00:02,233 --> 00:00:04,767 she said, "My God, what did I do?" 3 00:00:04,767 --> 00:00:06,800 She signed a "no refunds" agreement. 4 00:00:06,800 --> 00:00:09,800 There were previous incidents involving your store. 5 00:00:09,800 --> 00:00:10,900 You're aware of that? 6 00:00:10,900 --> 00:00:13,900 I honestly, I can't recall. 7 00:00:15,066 --> 00:00:17,233 Sounds like such a Ponzi scheme. 8 00:00:17,233 --> 00:00:19,667 This is Judy Justice. 9 00:00:37,066 --> 00:00:39,533 Previously, on Judy Justice... 10 00:00:39,533 --> 00:00:41,633 {\an8}He aggressively coaxed you into the chair, 11 00:00:41,633 --> 00:00:42,800 {\an8}- Mm-hmm. - is what you're telling me, 12 00:00:42,800 --> 00:00:44,433 {\an8}by complimenting you. 13 00:00:44,433 --> 00:00:46,500 {\an8}I mean, he didn't physically drag you into the store, 14 00:00:46,500 --> 00:00:48,100 {\an8}- you walked in by yourself. - Right. 15 00:00:48,100 --> 00:00:49,800 {\an8}So, you must be very good. 16 00:00:49,800 --> 00:00:52,734 {\an8}She asked for something that would actually help her 17 00:00:52,734 --> 00:00:54,066 {\an8}look more youthful. 18 00:00:54,066 --> 00:00:56,166 {\an8}The medical devices that we actually retail, 19 00:00:56,166 --> 00:00:58,266 {\an8}we demonstrate them on the clients, 20 00:00:58,266 --> 00:00:59,834 {\an8}and then, typically, clients, when they see a difference, 21 00:00:59,834 --> 00:01:01,333 {\an8}they're like, [gasps] "wow!" 22 00:01:01,333 --> 00:01:03,000 {\an8}I, listen, you're not selling me, sir. 23 00:01:03,000 --> 00:01:05,266 {\an8}I want to know how the sale came about. 24 00:01:05,266 --> 00:01:06,767 {\an8}And the next thing I knew, 25 00:01:06,767 --> 00:01:08,900 {\an8}Eric was practically on top of me. 26 00:01:08,900 --> 00:01:11,767 {\an8}Well, I didn't feel that I was going to be able 27 00:01:11,767 --> 00:01:13,000 {\an8}to leave the store. 28 00:01:13,000 --> 00:01:15,800 {\an8}I've been held against my will before and kidnapped. 29 00:01:15,800 --> 00:01:17,233 {\an8}Who hired you? 30 00:01:17,233 --> 00:01:20,000 {\an8}It wasn't a hire. I was... I was in business with him. 31 00:01:20,000 --> 00:01:21,800 {\an8}Okay. Well, it's getting more interesting. 32 00:01:21,800 --> 00:01:25,367 {\an8}- I'm sorry. - And who leases the store where you... 33 00:01:25,367 --> 00:01:27,600 {\an8}Don't look up in the air. 34 00:01:27,600 --> 00:01:29,667 {\an8}It, it's gonna get only worse. 35 00:01:30,000 --> 00:01:31,934 And now, the conclusion. 36 00:01:31,934 --> 00:01:36,233 {\an8}Linda Bernardasci is suing salesman, Eric West, 37 00:01:36,233 --> 00:01:41,133 {\an8}for deceptively selling her skin care products she never wanted. 38 00:01:41,133 --> 00:01:42,300 You know, I'm not sure 39 00:01:42,300 --> 00:01:46,400 she's entitled to a refund on all the products that she bought. 40 00:01:46,400 --> 00:01:50,133 I'm not thoroughly convinced yet, that this was a situation 41 00:01:50,133 --> 00:01:51,800 where she was held against her will. 42 00:01:51,800 --> 00:01:55,600 But I've always been fascinated by these stores 43 00:01:55,600 --> 00:01:57,200 that want me to pop in, 44 00:01:57,200 --> 00:01:59,800 and they give me a little white plastic thing, 45 00:01:59,800 --> 00:02:02,367 and they stand outside, try this product, 46 00:02:02,367 --> 00:02:05,266 and you know, you pass by, and you say, "No, thank you, I'm not interested," 47 00:02:05,266 --> 00:02:08,033 "No! You're beautiful, you know, this could take away the wrinkles 48 00:02:08,033 --> 00:02:09,867 in your face," I say, "I make my money 49 00:02:09,867 --> 00:02:11,166 with my wrinkles in my face." 50 00:02:12,734 --> 00:02:15,100 Right? And I don't want to take them away, I want them to stay. 51 00:02:15,100 --> 00:02:17,500 So, that's what it is. 52 00:02:17,500 --> 00:02:22,200 So, I've always been fascinated as to the business aspect of it. 53 00:02:22,200 --> 00:02:25,266 And I digress for a moment, because there was some scam company 54 00:02:25,266 --> 00:02:28,000 that was all over the internet, 55 00:02:28,000 --> 00:02:30,300 that said I had created a skin line, 56 00:02:30,300 --> 00:02:33,367 years ago. Couldn't find them. 57 00:02:33,367 --> 00:02:36,934 And they had all kinds of accolades, and it looked like it was sold 58 00:02:36,934 --> 00:02:40,100 through major companies online and endorsed. 59 00:02:40,100 --> 00:02:42,300 They had pictures all over, it was a scam. 60 00:02:42,300 --> 00:02:45,100 And they'd done the same thing to numerous other people 61 00:02:45,100 --> 00:02:46,900 And it's all scam. 62 00:02:46,900 --> 00:02:50,266 And you can't find them because they're on telephone banks 63 00:02:50,266 --> 00:02:53,967 someplace, here and here, and as soon as the federal authorities 64 00:02:53,967 --> 00:02:56,700 get one, they close down one, and they go someplace else, 65 00:02:56,700 --> 00:02:58,500 sometimes offshore. 66 00:02:58,500 --> 00:03:00,767 So, we were actually, we were unable to find them, 67 00:03:00,767 --> 00:03:03,233 so all you could do is get on the horn and say to people, 68 00:03:03,233 --> 00:03:07,200 "I don't own a skin care line. I've never endorsed a skin care line. 69 00:03:07,200 --> 00:03:09,834 Don't buy products that say that they're mine." 70 00:03:09,834 --> 00:03:12,700 So I've always wanted to know about these guys, 71 00:03:12,700 --> 00:03:16,500 who stand in front and try to get you into the store 72 00:03:16,500 --> 00:03:18,600 with a little packet of freebies. 73 00:03:18,600 --> 00:03:22,200 - So now, it's your joint business? - Yes. 74 00:03:22,200 --> 00:03:23,500 How much did you put up? 75 00:03:23,500 --> 00:03:25,433 I... I honestly, I can't recall. 76 00:03:25,433 --> 00:03:26,867 You can't recall how much money you put up? 77 00:03:26,867 --> 00:03:28,100 You've only been there three years. 78 00:03:28,100 --> 00:03:30,567 I know. I don't remember how much the initial investment was. 79 00:03:30,567 --> 00:03:33,367 Well, give me an idea. Was it $5,000? 80 00:03:33,367 --> 00:03:35,467 - Five hundred dollars? - A lot more than that. 81 00:03:35,467 --> 00:03:37,433 Well, if it's a lot more than that, 82 00:03:37,433 --> 00:03:39,834 you want to tell me how much your contribution was? 83 00:03:39,834 --> 00:03:41,133 - A couple hundred thousand. - It was a couple 84 00:03:41,133 --> 00:03:42,100 of hundred thousand? 85 00:03:42,100 --> 00:03:45,100 That was your contribution to the store? 86 00:03:45,100 --> 00:03:47,233 {\an8}- Mm-hmm. - "Uh-huh" is not an answer. 87 00:03:47,233 --> 00:03:49,934 {\an8}- Yes, Your Honor. - Where did you get the $200,000 from? 88 00:03:49,934 --> 00:03:50,934 I worked for it. 89 00:03:50,934 --> 00:03:53,667 - For whom? - I worked different jobs. 90 00:03:53,667 --> 00:03:56,033 - How old are you? - Thirty-seven. 91 00:03:56,033 --> 00:03:59,734 And you had $200,000, you said a couple of hundred thousand, 92 00:03:59,734 --> 00:04:03,533 that's two, you had $200,000, so that you could invest that. 93 00:04:03,533 --> 00:04:05,133 {\an8}- Mm-hmm. - Is that correct? 94 00:04:05,133 --> 00:04:07,867 {\an8}Yes, and prior before having a skin business, 95 00:04:07,867 --> 00:04:11,000 {\an8}I had a grocery store on the ExxonMobil campus 96 00:04:11,000 --> 00:04:12,700 {\an8}- in Spring, Texas. - Okay. 97 00:04:12,700 --> 00:04:15,567 We generated some revenue, and so I thought to open a spa 98 00:04:15,567 --> 00:04:18,967 and do products, sell products, and go that route, 99 00:04:18,967 --> 00:04:21,867 and I really do pride myself in integrity. 100 00:04:21,867 --> 00:04:24,633 I... every client that walks in, and I'm not just saying that, that was... 101 00:04:24,633 --> 00:04:26,166 Well if you pride yourself in integrity, 102 00:04:26,166 --> 00:04:30,400 and within a few days of being in your store, 103 00:04:30,400 --> 00:04:32,767 and selling this lady, who had absolutely no intention 104 00:04:32,767 --> 00:04:35,967 of going shopping that day, an $8,000 beauty wand 105 00:04:35,967 --> 00:04:38,600 that's going to make her look like she's 30. 106 00:04:38,600 --> 00:04:41,300 She says, "Listen, I made a big mistake. 107 00:04:41,300 --> 00:04:44,100 I don't want this product, I want to bring it back. 108 00:04:44,100 --> 00:04:46,867 Let's say I keep the creams, but this was $8,000, 109 00:04:46,867 --> 00:04:48,834 and I don't have that." 110 00:04:48,834 --> 00:04:49,900 Why didn't you take it back? 111 00:04:49,900 --> 00:04:51,533 - Your Honor? - That's a question, 112 00:04:51,533 --> 00:04:53,433 - Mr. West. - I'm explaining... 113 00:04:53,433 --> 00:04:55,333 If you pride yourself on integrity. 114 00:04:55,333 --> 00:04:58,300 I...I'm explaining. She came back way past 115 00:04:58,300 --> 00:04:59,467 the allotted time. 116 00:04:59,467 --> 00:05:00,867 What's the allotted time? 117 00:05:00,867 --> 00:05:04,900 {\an8}We have a 14-day in-store exchange-only for in-store credit policy. 118 00:05:04,900 --> 00:05:06,000 {\an8}When you purchase a product. 119 00:05:06,000 --> 00:05:08,333 {\an8}She told me that she was using her husband's credit card. 120 00:05:08,333 --> 00:05:10,867 Now, it's... I'm coming to find out that it's her roommate, 121 00:05:10,867 --> 00:05:12,133 or a guy that she's living with. 122 00:05:12,133 --> 00:05:14,567 I don't know the whole story, but I can tell you that 123 00:05:14,567 --> 00:05:17,600 {\an8}the whole interaction with her was extremely professional. 124 00:05:17,600 --> 00:05:21,700 {\an8}I just asked you why, now, you have a lady 125 00:05:21,700 --> 00:05:24,000 - who I've met, actually... - Yes. 126 00:05:24,000 --> 00:05:26,000 ...just here, and she gets home, 127 00:05:26,000 --> 00:05:28,633 and she said, "My God, what did I do? 128 00:05:28,633 --> 00:05:31,633 How did I get, there's a lot of fast talking here, 129 00:05:31,633 --> 00:05:33,600 and a lot going on, and now I'm walking out 130 00:05:33,600 --> 00:05:36,367 with almost $10,000 worth of product. 131 00:05:36,367 --> 00:05:38,567 And I was going to buy a lipstick." 132 00:05:38,567 --> 00:05:43,934 And she says to you, "I want to return this wand thing," 133 00:05:43,934 --> 00:05:46,233 whatever it is, "For $8,000." 134 00:05:46,233 --> 00:05:50,066 And if what you're saying is, you run a reputable business, 135 00:05:50,066 --> 00:05:52,633 and you're busy, and you had enough money 136 00:05:52,633 --> 00:05:56,133 to put down $200,000 in this business... 137 00:05:56,133 --> 00:05:58,567 By the way, you do file taxes every year, don't you? 138 00:05:58,567 --> 00:05:59,633 - Yes. - When was the last time 139 00:05:59,633 --> 00:06:01,667 you filed income tax returns? What year? 140 00:06:01,667 --> 00:06:03,400 - This year. - How much did you earn? 141 00:06:03,400 --> 00:06:06,100 - A hundred and seventy-three thousand. - From this business? 142 00:06:06,100 --> 00:06:08,066 From different businesses, but yes. 143 00:06:08,066 --> 00:06:10,100 Are you in this location all the time? 144 00:06:10,100 --> 00:06:12,533 Yes, typically in that location, yes. 145 00:06:12,533 --> 00:06:15,233 And when you're typically not in that location, where are you? 146 00:06:15,233 --> 00:06:16,900 - Florida. - Where? 147 00:06:16,900 --> 00:06:18,900 - Miami. - What do you do in Miami? 148 00:06:18,900 --> 00:06:21,066 What most people do, sit on the beach. 149 00:06:21,066 --> 00:06:22,600 Well, how often do you work? 150 00:06:22,600 --> 00:06:24,367 Pretty much almost every month, 151 00:06:24,367 --> 00:06:27,300 and I take my weekends, and I'll fly and spend three days, 152 00:06:27,300 --> 00:06:28,667 - and then work. - In Miami? 153 00:06:28,667 --> 00:06:30,133 - Yeah. - You go from California 154 00:06:30,133 --> 00:06:31,467 - Miami. - to Miami? Great. 155 00:06:34,400 --> 00:06:36,867 And she paid how much for all that stuff? 156 00:06:36,867 --> 00:06:39,000 Nothing. She only bought one eye cream. 157 00:06:39,000 --> 00:06:41,066 - That was, that was the initial... - Just a second. 158 00:06:41,066 --> 00:06:42,367 How much was the eye cream? 159 00:06:42,367 --> 00:06:44,066 It was 600, I believe. 160 00:06:44,066 --> 00:06:47,066 I have never, ever, in my life, 161 00:06:47,066 --> 00:06:50,367 spent $600 on eye cream. 162 00:07:01,734 --> 00:07:03,533 Defendant Eric West 163 00:07:03,533 --> 00:07:06,033 {\an8}claims the plaintiff, Linda Bernardasci, 164 00:07:06,033 --> 00:07:08,967 {\an8}purchased products with a no-refund policy. 165 00:07:08,967 --> 00:07:13,233 Linda felt she could not leave unless she bought the items. 166 00:07:13,233 --> 00:07:15,667 So, you still haven't answered my question. 167 00:07:15,667 --> 00:07:17,967 She comes into you within a relatively short period of time 168 00:07:17,967 --> 00:07:20,400 after she purchased all this product, 169 00:07:20,400 --> 00:07:22,100 she said, "I don't have the money, 170 00:07:22,100 --> 00:07:25,834 I... I have to return this piece of equipment," and you told... 171 00:07:25,834 --> 00:07:27,133 - I'm sorry. - Go ahead. 172 00:07:27,133 --> 00:07:31,100 She said that she found the products cheaper online a week and a half 173 00:07:31,100 --> 00:07:32,934 to two weeks later. She was upset... 174 00:07:32,934 --> 00:07:34,934 Oh, just a second. 175 00:07:34,934 --> 00:07:37,467 Did you call and say you found the products cheaper online? 176 00:07:37,467 --> 00:07:41,200 {\an8}Uh, yes, but it wasn't that, it wasn't two weeks later. 177 00:07:41,200 --> 00:07:43,567 - How much later? - A week at the most. 178 00:07:43,567 --> 00:07:46,000 Oh. Which products did you find cheaper? 179 00:07:46,000 --> 00:07:49,066 The wand. I couldn't find the other products at all. 180 00:07:49,066 --> 00:07:52,266 - Okay, but you said you'd found the wand - Yes. 181 00:07:52,266 --> 00:07:54,667 - cheaper. Is that what you told him? - Yes. 182 00:07:54,667 --> 00:07:57,000 Now, you looked for the wand? 183 00:07:57,000 --> 00:07:58,533 - You had to go on... - Yes. 184 00:07:58,533 --> 00:07:59,800 - ...like Sarah does? - Uh-huh. 185 00:07:59,800 --> 00:08:01,133 - On the machine. - Right. 186 00:08:01,133 --> 00:08:03,433 And look for it. 187 00:08:03,433 --> 00:08:06,533 And now I have to assume, Ms. Bernardasci, 188 00:08:06,533 --> 00:08:09,567 I have to assume that if you went online to look at it, 189 00:08:09,567 --> 00:08:12,367 you tried it, because that makes sense. 190 00:08:12,367 --> 00:08:14,800 I want you to be very careful with your answer, 191 00:08:14,800 --> 00:08:18,233 {\an8}and not give me an answer that you think is gonna help your case. 192 00:08:18,233 --> 00:08:21,300 {\an8}But if I took the trouble to go online 193 00:08:21,300 --> 00:08:22,967 {\an8}to try to find something, 194 00:08:22,967 --> 00:08:27,166 it would mean 'cause I liked the product, so I would have tried it. 195 00:08:27,166 --> 00:08:28,633 - No. - Did you use the wand? 196 00:08:28,633 --> 00:08:31,967 No, I have not. It's still in its original packaging. 197 00:08:31,967 --> 00:08:36,066 There's no way it could be opened and sealed back up, there's no way. 198 00:08:36,066 --> 00:08:41,333 I...I looked online because I wanted to see how much I got ripped off for. 199 00:08:41,333 --> 00:08:43,600 Okay. And when you went online, 200 00:08:43,600 --> 00:08:45,300 how much did you find it for? 201 00:08:45,300 --> 00:08:49,600 Five hundred and ninety-seven dollars, I believe. 202 00:08:49,600 --> 00:08:53,367 The same thing? Can I see what you found for $597? 203 00:08:53,367 --> 00:08:55,000 Do you know what she's talking about? 204 00:08:55,000 --> 00:08:57,834 I know that when you go, and you buy a Cartier ring from Cartier, 205 00:08:57,834 --> 00:09:00,133 you can get it online for a cheaper price. 206 00:09:00,133 --> 00:09:01,400 Listen to me, sir. 207 00:09:01,400 --> 00:09:02,867 - That's not what I'm talking about. - Oh, okay. 208 00:09:02,867 --> 00:09:04,500 - Sorry. My apologies. - Mr. West. 209 00:09:04,500 --> 00:09:05,900 I see what she's talking about. 210 00:09:05,900 --> 00:09:11,033 It's a very similar-looking device listed for $575 from a different store. 211 00:09:11,033 --> 00:09:12,367 - May I see it? - Yeah. 212 00:09:14,900 --> 00:09:17,400 This is the initial one that I showed you, for that amount. 213 00:09:17,400 --> 00:09:19,867 That's what the defendant handed us a copy of. 214 00:09:19,867 --> 00:09:22,433 This for this price is the same, 215 00:09:22,433 --> 00:09:25,567 I just copied and pasted the name of the machine into Google, 216 00:09:25,567 --> 00:09:28,000 and this came up, so it looks a little bit different, but... 217 00:09:28,000 --> 00:09:30,200 - Okay. - Same concept. 218 00:09:30,200 --> 00:09:33,667 Would you go back to the other one, please, Sarah, the first one? 219 00:09:33,667 --> 00:09:38,567 And I want you to show me the comments that gave it a five-star rating. 220 00:09:38,567 --> 00:09:41,500 Two reviews. Just want to look at it. 221 00:09:41,500 --> 00:09:43,834 Looks like one from 2019. 222 00:09:43,834 --> 00:09:46,667 Okay, let me see the next one, please? 223 00:09:47,633 --> 00:09:49,367 And now that I'm reading it, 224 00:09:49,367 --> 00:09:52,867 this looks as if it's for a different device. 225 00:09:52,867 --> 00:09:54,533 This says "electrobionic." 226 00:09:54,533 --> 00:09:57,300 - So the review... - That's listed here 227 00:09:57,300 --> 00:10:00,367 - looks to be for a different device. - Different product. 228 00:10:00,367 --> 00:10:01,300 - Yeah. - Okay. 229 00:10:01,300 --> 00:10:03,166 - Oh, she found it. - Okay. 230 00:10:03,166 --> 00:10:04,500 - She found it for me. - Sorry. 231 00:10:04,500 --> 00:10:06,467 She found it for me. Different color, whatever. 232 00:10:06,467 --> 00:10:09,400 Anyway, so you called him about a week later. 233 00:10:09,400 --> 00:10:10,567 - Yes. - You called him 234 00:10:10,567 --> 00:10:12,967 about a week later and said, "I found it cheaper." 235 00:10:12,967 --> 00:10:15,166 - Yes. - And what did he say to you? 236 00:10:15,166 --> 00:10:17,800 He said, "Well, I can't give you a refund." 237 00:10:17,800 --> 00:10:20,433 He said, "That would have to be up to corporate, 238 00:10:20,433 --> 00:10:23,533 so I'll have to get a hold of them and get back with you." 239 00:10:23,533 --> 00:10:25,567 Well, he never did. 240 00:10:25,567 --> 00:10:27,734 Taking what you say is true, you called him 241 00:10:27,734 --> 00:10:31,834 a week later and said, "I found this very expensive product," 242 00:10:31,834 --> 00:10:35,600 the other things were facial creams and potions and lotions, whatever. 243 00:10:35,600 --> 00:10:40,600 I'm not so concerned about those. I'm concerned about this $8,000 item. 244 00:10:40,600 --> 00:10:44,000 So you called and said to him, with regard to the $8,000 item, 245 00:10:44,000 --> 00:10:47,333 - "I found it cheaper." - I don't think I told him that, no. 246 00:10:47,333 --> 00:10:50,500 Okay. Now let me read the police report. 247 00:10:56,000 --> 00:10:58,133 Okay. Have you seen the police report, sir? 248 00:10:58,133 --> 00:10:59,567 - No, I have not. - Okay. 249 00:10:59,567 --> 00:11:04,133 So, this is a police report by an officer who you don't know. 250 00:11:04,133 --> 00:11:05,700 And doesn't know you. 251 00:11:05,700 --> 00:11:08,300 And what happened was, on the 8th of March, 252 00:11:08,300 --> 00:11:11,734 he received a dispatch to go to the location, 253 00:11:11,734 --> 00:11:14,567 {\an8}because the plaintiff had complained 254 00:11:14,567 --> 00:11:17,767 {\an8}that she felt, on the 21st of February, 255 00:11:17,767 --> 00:11:20,100 {\an8}that she couldn't leave the store, 256 00:11:20,100 --> 00:11:22,734 {\an8}and she spent over $9,000 at the store. 257 00:11:22,734 --> 00:11:26,900 So he went to see her, because the case was a false imprisonment case. 258 00:11:26,900 --> 00:11:28,500 - Interesting. - And it said, 259 00:11:28,500 --> 00:11:32,367 while officer was en route, he asked his dispatch 260 00:11:32,367 --> 00:11:34,934 if there was any history involving your location, 261 00:11:34,934 --> 00:11:38,567 and it said there were two previous incidents 262 00:11:38,567 --> 00:11:40,934 involving your store. You're aware of that? 263 00:11:40,934 --> 00:11:42,100 - Yes, Your Honor. - Yes! 264 00:11:42,100 --> 00:11:45,734 And he read the papers of the events, there were two different complaints, 265 00:11:45,734 --> 00:11:49,200 two different complainants, that were very similar, 266 00:11:49,200 --> 00:11:51,333 that were reported by this plaintiff. 267 00:11:51,333 --> 00:11:54,667 It said that the other two victims were lured into the store, 268 00:11:54,667 --> 00:11:57,934 and they felt as if they were not able to leave 269 00:11:57,934 --> 00:12:01,166 until they purchased products. One of the reports stated 270 00:12:01,166 --> 00:12:04,433 that the victim had spent over $100,000 271 00:12:04,433 --> 00:12:08,433 on reoccurring charges and products that she didn't want." 272 00:12:08,433 --> 00:12:13,066 So, similarly, there's a little history there. 273 00:12:13,066 --> 00:12:17,066 I'm just... I'm reading you what the complaints are, sir. 274 00:12:17,066 --> 00:12:19,000 - Do you understand? - Absolutely. 275 00:12:19,000 --> 00:12:20,533 Okay. Let me finish. 276 00:12:22,633 --> 00:12:26,166 Okay, so, the next day, on February 22nd, 277 00:12:26,166 --> 00:12:30,033 you said you wanted a refund for the device. 278 00:12:30,033 --> 00:12:32,133 This is what you say, not for the creams, 279 00:12:32,133 --> 00:12:33,600 not for anything else, just for the device. 280 00:12:33,600 --> 00:12:34,600 - Yes. - Okay. 281 00:12:34,600 --> 00:12:36,600 Your Honor, she didn't pay for the creams. 282 00:12:36,600 --> 00:12:38,700 She paid for one cream out of all the creams that she got. 283 00:12:38,700 --> 00:12:40,367 - Whatever. - Okay. 284 00:12:40,367 --> 00:12:41,734 That's not where you made your money. 285 00:12:41,734 --> 00:12:43,300 No, I know, it's on the machine. 286 00:12:43,300 --> 00:12:46,000 That's not where you made your monies, on the lotions and potions. 287 00:12:46,633 --> 00:12:50,033 Okay. "Suspect 2," that was you, "told her he was unable to give her a refund, 288 00:12:50,033 --> 00:12:51,600 and it would have to be done by corporate." 289 00:12:51,600 --> 00:12:53,333 Were you the one who told her that? 290 00:12:53,333 --> 00:12:55,934 - I spoke to... - J--! That's either a yes or a no. 291 00:12:55,934 --> 00:12:57,233 {\an8}No, I did not say that. 292 00:12:57,233 --> 00:12:58,467 Tell me what you said. 293 00:12:58,467 --> 00:13:01,000 {\an8}I told her that she signed a no-refunds agreement, 294 00:13:01,000 --> 00:13:03,300 and she understood that she purchased 295 00:13:03,300 --> 00:13:05,700 the sale, that it was a final sale, because she got, 296 00:13:05,700 --> 00:13:07,700 - what she received... - What did she receive? 297 00:13:07,700 --> 00:13:10,066 She received six months' worth of services that she did not want, 298 00:13:10,066 --> 00:13:11,467 which were complimentary. 299 00:13:11,467 --> 00:13:14,367 She also received a full-skin regimen, 300 00:13:14,367 --> 00:13:15,667 day cream, night cream, cleanser, 301 00:13:15,667 --> 00:13:18,567 toner, eye serum, eye cream, peeling gel. 302 00:13:18,567 --> 00:13:20,767 And she paid how much for all that stuff? 303 00:13:20,767 --> 00:13:24,400 Nothing. She only bought one eye cream, and that was the initial... 304 00:13:24,400 --> 00:13:26,767 Just a second. How much was the eye cream? 305 00:13:26,767 --> 00:13:31,633 It was 600, I believe. 306 00:13:34,734 --> 00:13:38,633 Do you still run that place when you're not sunning in Miami? 307 00:13:38,633 --> 00:13:41,567 - No, and those are the only... - Just a second. 308 00:13:41,567 --> 00:13:43,400 It takes an awful lot for somebody 309 00:13:43,400 --> 00:13:45,433 who feels as if they've been taken advantage of 310 00:13:45,433 --> 00:13:47,734 to actually go to the police and say, 311 00:13:47,734 --> 00:13:49,500 "I was duped by this dope," 312 00:13:49,500 --> 00:13:52,433 or "a dope that was duped by this dope." 313 00:14:03,567 --> 00:14:05,266 Defendant Eric West 314 00:14:05,266 --> 00:14:07,734 {\an8}claims the plaintiff, Linda Bernardasci, 315 00:14:07,734 --> 00:14:10,934 {\an8}purchased products with a no-refund policy. 316 00:14:10,934 --> 00:14:15,100 Linda felt she could not leave unless she bought the items. 317 00:14:15,100 --> 00:14:17,934 The eye cream was $600. Okay. 318 00:14:17,934 --> 00:14:20,967 All right. Mr. West, I'm not gonna waste any more time 319 00:14:20,967 --> 00:14:22,133 with this case. 320 00:14:22,133 --> 00:14:26,667 You're going to get your $8,000 back when Mr. West gets back 321 00:14:26,667 --> 00:14:29,166 his sealed wand. 322 00:14:29,166 --> 00:14:31,000 - Do you understand? - Yes. 323 00:14:31,000 --> 00:14:32,967 - If it's been opened... - It hasn't. 324 00:14:32,967 --> 00:14:34,533 If it's been opened, 325 00:14:34,533 --> 00:14:37,333 it belongs to you. Do you understand? 326 00:14:37,333 --> 00:14:39,133 - Yes. - If it's been opened, 327 00:14:39,133 --> 00:14:41,000 and it came in a sealed package, 328 00:14:41,000 --> 00:14:42,700 it belongs to you. 329 00:14:42,700 --> 00:14:46,066 As soon as Mr. West receives... 330 00:14:46,066 --> 00:14:48,000 You still in the same location? 331 00:14:48,000 --> 00:14:50,100 - We... - Are you still in the same location, 332 00:14:50,100 --> 00:14:51,233 that's either a yes or a no. 333 00:14:51,233 --> 00:14:52,834 - I'm not in the location, no. - What? 334 00:14:52,834 --> 00:14:55,700 There's another operator there, but just for the record, 335 00:14:55,700 --> 00:14:57,867 I believe that we opened the device, 336 00:14:57,867 --> 00:14:59,700 {\an8}because she wanted to know how to use it at the store. 337 00:14:59,700 --> 00:15:00,967 {\an8}- Just a second. - Okay. 338 00:15:00,967 --> 00:15:02,934 So then, you have no problem, sir. 339 00:15:02,934 --> 00:15:03,967 {\an8}- Okay. - Do you understand? 340 00:15:03,967 --> 00:15:06,834 - Yes. - Unless she can return the item to you, 341 00:15:06,834 --> 00:15:09,533 sealed, because she says it's sealed, 342 00:15:09,533 --> 00:15:13,367 and there's no way that it could've been opened, 343 00:15:13,367 --> 00:15:15,000 that's what she told me, 344 00:15:15,000 --> 00:15:16,900 if she opened it, that means she tried it, 345 00:15:16,900 --> 00:15:19,433 and if she tried it, it belongs to you. 346 00:15:19,433 --> 00:15:20,400 - Do you understand? - Yes. 347 00:15:20,400 --> 00:15:22,800 So, within five days, 348 00:15:22,800 --> 00:15:24,934 he gets the product back. 349 00:15:25,734 --> 00:15:27,000 What? 350 00:15:27,000 --> 00:15:29,734 I just want to show you this final sale agreement that she wrote... 351 00:15:29,734 --> 00:15:31,967 Just a... I understand what it says, sir. 352 00:15:31,967 --> 00:15:36,867 I understand what it says. I also understand that your little company 353 00:15:36,867 --> 00:15:40,734 had no two prior complaints from that location. 354 00:15:40,734 --> 00:15:42,300 And it takes an awful lot for somebody 355 00:15:42,300 --> 00:15:44,800 who feels as if they've been taken advantage of 356 00:15:44,800 --> 00:15:46,700 to actually go to the police. 357 00:15:46,700 --> 00:15:50,200 Most people just write it off, and said, "I was being a real schlemiel, 358 00:15:50,200 --> 00:15:52,600 and I was duped by this dope," 359 00:15:52,600 --> 00:15:55,233 or "a dope that was duped by this dope." 360 00:15:55,233 --> 00:15:56,834 And just say, 361 00:15:56,834 --> 00:15:58,033 - "I'm gonna..." - Your Honor? 362 00:15:58,033 --> 00:15:59,400 "I'm gonna eat it." 363 00:15:59,400 --> 00:16:05,266 What I'm telling you, sir, is, I buy an awful lotta junk. 364 00:16:05,266 --> 00:16:11,033 For my face, that's what old people do, they buy lotions and potions and stuff, 365 00:16:11,033 --> 00:16:13,200 I even steal some of hers. 366 00:16:13,200 --> 00:16:15,967 And I have plenty of dough. 367 00:16:15,967 --> 00:16:18,900 I have never, ever, 368 00:16:18,900 --> 00:16:23,333 in my life, spent $600 on eye cream. 369 00:16:23,333 --> 00:16:24,700 Ever! 370 00:16:24,700 --> 00:16:29,233 And so, if she spent $600 on eye cream, 371 00:16:29,233 --> 00:16:32,300 that means she could've bathed in all the other products, 372 00:16:32,300 --> 00:16:34,333 and you still would've made money. 373 00:16:34,333 --> 00:16:37,133 She is going to get her money back 374 00:16:37,133 --> 00:16:40,900 for this worthless piece of accessory, 375 00:16:40,900 --> 00:16:43,500 'cause it's worthless to her, 'cause she hasn't used it, 376 00:16:43,500 --> 00:16:46,667 and she doesn't want it, and she's gonna get it back, 377 00:16:46,667 --> 00:16:51,166 from you, when she produces the sealed package. 378 00:16:51,166 --> 00:16:52,567 That's it. And, 379 00:16:52,567 --> 00:16:54,100 - you're her witness? - Yes. 380 00:16:54,100 --> 00:16:56,667 {\an8}- Do you live close by to this shop? - Yes. 381 00:16:56,667 --> 00:17:00,367 {\an8}Do you still run that place when you're not sunning in Miami? 382 00:17:00,367 --> 00:17:03,600 - No, and those are the only... - Just, just a second. 383 00:17:03,600 --> 00:17:06,800 The answer is no. What happened to that business 384 00:17:06,800 --> 00:17:09,633 - at that location? - There's another operator coming in, 385 00:17:09,633 --> 00:17:13,433 and our contract ended recently. There's another company... 386 00:17:13,433 --> 00:17:15,066 - What do you mean? - ...coming in to run it. 387 00:17:15,066 --> 00:17:16,700 Sounds like such a Ponzi scheme. 388 00:17:16,700 --> 00:17:18,767 The whole thing sounds like such a Ponzi scheme. 389 00:17:18,767 --> 00:17:19,767 No, it's called Covid. 390 00:17:19,767 --> 00:17:22,533 Judgment for the plaintiff in the amount of $8,000, 391 00:17:22,533 --> 00:17:24,300 when she produces the sealed item. 392 00:17:24,300 --> 00:17:25,967 Thank you very much, we're done here. 393 00:17:25,967 --> 00:17:27,734 This court is adjourned. 394 00:17:29,233 --> 00:17:32,300 {\an8}This woman clearly had a bad episode of buyer's remorse, 395 00:17:32,300 --> 00:17:35,500 {\an8}was emotionally unstable, used somebody else's credit cards 396 00:17:35,500 --> 00:17:37,066 {\an8}that claims to be her husband, 397 00:17:37,066 --> 00:17:39,900 {\an8}and God only knows what other kinda scams she's trying to pull. 398 00:17:39,900 --> 00:17:43,834 {\an8}Well, I think the judge made a very sound decision, 399 00:17:43,834 --> 00:17:47,800 {\an8}because the guy is a total fraud. 400 00:17:47,800 --> 00:17:49,900 {\an8}She actually took advantage of me, and took my time, 401 00:17:49,900 --> 00:17:52,166 {\an8}for three and a half, almost four hours, 402 00:17:52,166 --> 00:17:54,567 {\an8}asking me, "What is this? How does this work? 403 00:17:54,567 --> 00:17:56,300 {\an8}What is this? How does that work?" 404 00:17:56,300 --> 00:17:59,333 {\an8}And I literally used all these products that she purchased, 405 00:17:59,333 --> 00:18:02,233 {\an8}and got to see results from, that she was happy with when she left. 406 00:18:02,233 --> 00:18:07,800 {\an8}Absolutely manipulated me. Went out of his way to manipulate me. 407 00:18:07,800 --> 00:18:10,200 {\an8}Well, she opened it in the store, so if she does return it, 408 00:18:10,200 --> 00:18:12,367 {\an8}she'll have to seal it again with some kind of plastic sealer, 409 00:18:12,367 --> 00:18:15,266 {\an8}like they used, like, for those old VHS tapes, 410 00:18:15,266 --> 00:18:16,700 {\an8}when they used to seal them after you watched them, 411 00:18:16,700 --> 00:18:17,700 {\an8}from Hollywood Video? 412 00:18:17,700 --> 00:18:23,233 {\an8}Beware, because there's a lot of frauds out there. 413 00:18:23,233 --> 00:18:24,333 {\an8}I stand by my products. 414 00:18:24,333 --> 00:18:26,300 {\an8}The product is intact. 415 00:18:27,500 --> 00:18:31,200 For once in my life, I am so glad that when I'm walking down the street, 416 00:18:31,200 --> 00:18:33,333 and we've encountered these people in our walks, 417 00:18:33,333 --> 00:18:35,200 just around, like you said, around our neighborhood, 418 00:18:35,200 --> 00:18:37,333 for my resting bitch face. 419 00:18:37,333 --> 00:18:39,767 Because never once have they looked at me and said, 420 00:18:39,767 --> 00:18:43,767 "She looks like an easy target for us to pull into the store," not once. 421 00:18:43,767 --> 00:18:45,767 Would you give me an example of... of...? 422 00:18:45,767 --> 00:18:48,667 Just, I think, living in New York City as a woman, alone, 423 00:18:48,667 --> 00:18:50,133 taking the subway for three years... 424 00:18:50,133 --> 00:18:52,066 - I want you to look at me... - You... no, I can't recreate it. 425 00:18:52,066 --> 00:18:56,266 You know it when you see it. I'm sure it's on one of our episodes, 426 00:18:56,266 --> 00:19:00,433 but I'm, I just am so disgusted with people like that, 427 00:19:00,433 --> 00:19:01,834 that know exactly what they're doing. 428 00:19:01,834 --> 00:19:04,300 He suns himself in Miami on the weekends, 429 00:19:04,300 --> 00:19:06,867 all on the backs of these poor older people 430 00:19:06,867 --> 00:19:10,500 who feel pressured and, maybe, like she was saying, 431 00:19:10,500 --> 00:19:11,900 she lives with someone who's a recluse, 432 00:19:11,900 --> 00:19:14,367 who... I'm sure she doesn't speak to that many people, 433 00:19:14,367 --> 00:19:17,433 and that's the whole scam, and I just feel so terrible, 434 00:19:17,433 --> 00:19:20,767 that this guy takes pride in his "business" 435 00:19:20,767 --> 00:19:22,567 that is scamming people. 436 00:19:22,567 --> 00:19:24,533 It looks, it looks like a little bit of a shady business that he went into 437 00:19:24,533 --> 00:19:28,433 for $200,000, and now somebody else took it over. 438 00:19:28,433 --> 00:19:30,533 - And not anyone with a last name. - Yeah, right. 439 00:19:30,533 --> 00:19:32,633 There's never anyone with a last name involved in these things. 440 00:19:32,633 --> 00:19:35,066 People have to be careful. 441 00:19:35,066 --> 00:19:38,066 You know, in the law, caveat emptor, you know, 442 00:19:38,066 --> 00:19:40,033 let the buyer... let a buyer beware. 443 00:19:40,033 --> 00:19:45,333 That's okay. But this overaggressive salesmanship... 444 00:19:45,333 --> 00:19:47,367 - Mm-hmm. - ...reminds me , Sarah, 445 00:19:47,367 --> 00:19:52,967 of something that the Legal Aid Society, who are the defense team in family court, 446 00:19:52,967 --> 00:19:56,367 would argue in the closing statement in a robbery case to me, 447 00:19:56,367 --> 00:19:59,066 they would say to me, "It's not a robbery, 448 00:19:59,066 --> 00:20:01,266 he was aggressively panhandling." 449 00:20:01,266 --> 00:20:03,066 That's what it was, it wasn't a robbery, 450 00:20:03,066 --> 00:20:05,100 - it was an aggressive panhandle. - Mm-hmm. 451 00:20:05,100 --> 00:20:08,066 This is just aggressive salesmanship, is what he's saying. 452 00:20:08,066 --> 00:20:12,533 Well, the line crosses between aggressive salesmanship. 453 00:20:12,533 --> 00:20:16,100 - False imprisonment. - And, and what amounts to, 454 00:20:16,100 --> 00:20:19,400 at least in her case, and the case of at least two other people 455 00:20:19,400 --> 00:20:22,600 who went into that store feeling that they were uncomfortable 456 00:20:22,600 --> 00:20:24,533 about leaving unless they purchased something. 457 00:20:24,533 --> 00:20:26,200 - Mm-hmm. - You know, you and I are tough birds. 458 00:20:26,200 --> 00:20:29,200 We would, you know, say, "Well, we're leaving. 459 00:20:29,200 --> 00:20:31,266 "Oh, really? We're not leaving until we buy...?" 460 00:20:31,266 --> 00:20:32,834 Yeah, right. 461 00:20:32,834 --> 00:20:36,100 But some people can't do that, that's not in their character. 462 00:20:36,100 --> 00:20:37,834 Anyway, you know, if somebody puts them out of business, 463 00:20:37,834 --> 00:20:39,967 another business will just pop up, 464 00:20:39,967 --> 00:20:42,967 because, as, I don't know, was it W.C. Fields said, 465 00:20:42,967 --> 00:20:45,667 "There's a sucker born every minute," I'm not exactly sure who said it 466 00:20:45,667 --> 00:20:46,867 but somebody will tell me. 467 00:20:48,500 --> 00:20:52,166 {\an8}Want justice? Go to JudyJustice.tv.