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.