[Judge Judy] After she purchased all this product,
she said, "My God, what did I do?"
She signed a "no refunds" agreement.
There were previous incidents involving your store.
You're aware of that?
- I honestly, I can't recall. - [laughing]
Sounds like such a Ponzi scheme.
[Announcer] This is Judy Justice.
[opening theme music]
[Announcer] Previously, on Judy Justice...
He aggressively coaxed you into the chair,
- Mm-hmm. - [Judge Judy] is what you're telling me,
by complimenting you.
I mean, he didn't physically drag you into the store,
- you walked in by yourself. - Right.
So, you must be very good.
She asked for something that would actually help her
look more youthful.
The medical devices that we actually retail,
we demonstrate them on the clients,
and then, typically, clients, when they see a difference,
they're like, [gasps] "wow!"
I, listen, you're not selling me, sir.
I want to know how the sale came about.
And the next thing I knew,
Eric was practically on top of me.
[Linda] Well, I didn't feel that I was going to be able
to leave the store.
I've been held against my will before and kidnapped.
Who hired you?
It wasn't a hire. I was... I was in business with him.
Okay. Well, it's getting more interesting.
- I'm sorry. - And who leases the store where you...
Don't look up in the air.
It, it's gonna get only worse.
[Announcer] And now, the conclusion.
Linda Bernardasci is suing salesman, Eric West,
for deceptively selling her skin care products she never wanted.
[Judge Judy] You know, I'm not sure
she's entitled to a refund on all the products that she bought.
I'm not thoroughly convinced yet, that this was a situation
where she was held against her will.
But I've always been fascinated by these stores
that want me to pop in,
and they give me a little white plastic thing,
and they stand outside, try this product,
and you know, you pass by, and you say, "No, thank you, I'm not interested,"
"No! You're beautiful, you know, this could take away the wrinkles
in your face," I say, "I make my money
with my wrinkles in my face."
[laughter]
Right? And I don't want to take them away, I want them to stay.
So, that's what it is.
So, I've always been fascinated as to the business aspect of it.
And I digress for a moment, because there was some scam company
that was all over the internet,
that said I had created a skin line,
years ago. Couldn't find them.
And they had all kinds of accolades, and it looked like it was sold
through major companies online and endorsed.
They had pictures all over, it was a scam.
And they'd done the same thing to numerous other people
And it's all scam.
And you can't find them because they're on telephone banks
someplace, here and here, and as soon as the federal authorities
get one, they close down one, and they go someplace else,
sometimes offshore.
So, we were actually, we were unable to find them,
so all you could do is get on the horn and say to people,
"I don't own a skin care line. I've never endorsed a skin care line.
Don't buy products that say that they're mine."
So I've always wanted to know about these guys,
who stand in front and try to get you into the store
with a little packet of freebies.
- So now, it's your joint business? - Yes.
[Judge Judy] How much did you put up?
I... I honestly, I can't recall.
You can't recall how much money you put up?
You've only been there three years.
I know. I don't remember how much the initial investment was.
Well, give me an idea. Was it $5,000?
- Five hundred dollars? - A lot more than that.
[Judge Judy] Well, if it's a lot more than that,
you want to tell me how much your contribution was?
- [Eric] A couple hundred thousand. - [Judge Judy] It was a couple
of hundred thousand?
That was your contribution to the store?
- Mm-hmm. - [Judge Judy] "Uh-huh" is not an answer.
- Yes, Your Honor. - Where did you get the $200,000 from?
[Eric] I worked for it.
- [Judge Judy] For whom? - I worked different jobs.
- [Judge Judy] How old are you? - Thirty-seven.
And you had $200,000, you said a couple of hundred thousand,
that's two, you had $200,000, so that you could invest that.
- Mm-hmm. - [Judge Judy] Is that correct?
Yes, and prior before having a skin business,
I had a grocery store on the ExxonMobil campus
- in Spring, Texas. - Okay.
We generated some revenue, and so I thought to open a spa
and do products, sell products, and go that route,
and I really do pride myself in integrity.
I... every client that walks in, and I'm not just saying that, that was...
Well if you pride yourself in integrity,
and within a few days of being in your store,
and selling this lady, who had absolutely no intention
of going shopping that day, an $8,000 beauty wand
that's going to make her look like she's 30.
She says, "Listen, I made a big mistake.
I don't want this product, I want to bring it back.
Let's say I keep the creams, but this was $8,000,
and I don't have that."
Why didn't you take it back?
- Your Honor? - [Judge Judy] That's a question,
- Mr. West. - I'm explaining...
If you pride yourself on integrity.
I...I'm explaining. She came back way past
the allotted time.
[Judge Judy] What's the allotted time?
We have a 14-day in-store exchange-only for in-store credit policy.
When you purchase a product.
She told me that she was using her husband's credit card.
Now, it's... I'm coming to find out that it's her roommate,
or a guy that she's living with.
I don't know the whole story, but I can tell you that
the whole interaction with her was extremely professional.
I just asked you why, now, you have a lady
- who I've met, actually... - Yes.
[Judge Judy] ...just here, and she gets home,
and she said, "My God, what did I do?
How did I get, there's a lot of fast talking here,
and a lot going on, and now I'm walking out
with almost $10,000 worth of product.
And I was going to buy a lipstick."
And she says to you, "I want to return this wand thing,"
whatever it is, "For $8,000."
And if what you're saying is, you run a reputable business,
and you're busy, and you had enough money
to put down $200,000 in this business...
By the way, you do file taxes every year, don't you?
- Yes. - [Judge Judy] When was the last time
you filed income tax returns? What year?
- This year. - [Judge Judy] How much did you earn?
- A hundred and seventy-three thousand. - [Judge Judy] From this business?
From different businesses, but yes.
Are you in this location all the time?
Yes, typically in that location, yes.
And when you're typically not in that location, where are you?
- Florida. - [Judge Judy] Where?
- Miami. - [Judge Judy] What do you do in Miami?
What most people do, sit on the beach.
Well, how often do you work?
Pretty much almost every month,
and I take my weekends, and I'll fly and spend three days,
- and then work. - In Miami?
- [Eric] Yeah. - [Judge Judy] You go from California
- Miami. - to Miami? Great.
And she paid how much for all that stuff?
Nothing. She only bought one eye cream.
- That was, that was the initial... - [Judge Judy] Just a second.
How much was the eye cream?
It was 600, I believe.
I have never, ever, in my life,
spent $600 on eye cream.
[theme music playing]
[Announcer] Defendant Eric West
claims the plaintiff, Linda Bernardasci,
purchased products with a no-refund policy.
Linda felt she could not leave unless she bought the items.
[Judge Judy] So, you still haven't answered my question.
She comes into you within a relatively short period of time
after she purchased all this product,
she said, "I don't have the money,
I... I have to return this piece of equipment," and you told...
- [Eric] I'm sorry. - Go ahead.
She said that she found the products cheaper online a week and a half
to two weeks later. She was upset...
[Judge Judy] Oh, just a second.
Did you call and say you found the products cheaper online?
Uh, yes, but it wasn't that, it wasn't two weeks later.
- [Judge Judy] How much later? - A week at the most.
[Judge Judy] Oh. Which products did you find cheaper?
[Linda] The wand. I couldn't find the other products at all.
- Okay, but you said you'd found the wand - [Linda] Yes.
- cheaper. Is that what you told him? - Yes.
[Judge Judy] Now, you looked for the wand?
- You had to go on... - Yes.
- [Judge Judy] ...like Sarah does? - Uh-huh.
- [Judge Judy] On the machine. - Right.
[Judge Judy] And look for it.
And now I have to assume, Ms. Bernardasci,
I have to assume that if you went online to look at it,
you tried it, because that makes sense.
I want you to be very careful with your answer,
and not give me an answer that you think is gonna help your case.
But if I took the trouble to go online
to try to find something,
it would mean 'cause I liked the product, so I would have tried it.
- No. - [Judge Judy] Did you use the wand?
No, I have not. It's still in its original packaging.
There's no way it could be opened and sealed back up, there's no way.
I...I looked online because I wanted to see how much I got ripped off for.
[Judge Judy] Okay. And when you went online,
how much did you find it for?
Five hundred and ninety-seven dollars, I believe.
The same thing? Can I see what you found for $597?
Do you know what she's talking about?
I know that when you go, and you buy a Cartier ring from Cartier,
you can get it online for a cheaper price.
Listen to me, sir.
- That's not what I'm talking about. - Oh, okay.
- Sorry. My apologies. - Mr. West.
[Sarah] I see what she's talking about.
It's a very similar-looking device listed for $575 from a different store.
- [Judge Judy] May I see it? - Yeah.
This is the initial one that I showed you, for that amount.
That's what the defendant handed us a copy of.
This for this price is the same,
I just copied and pasted the name of the machine into Google,
and this came up, so it looks a little bit different, but...
- [Judge Judy] Okay. - [Sarah] Same concept.
Would you go back to the other one, please, Sarah, the first one?
And I want you to show me the comments that gave it a five-star rating.
Two reviews. Just want to look at it.
Looks like one from 2019.
Okay, let me see the next one, please?
[Sarah] And now that I'm reading it,
this looks as if it's for a different device.
This says "electrobionic."
- So the review... - That's listed here
- looks to be for a different device. - Different product.
- Yeah. - Okay.
- Oh, she found it. - Okay.
- [Judge Judy] She found it for me. - Sorry.
She found it for me. Different color, whatever.
Anyway, so you called him about a week later.
- Yes. - [Judge Judy] You called him
about a week later and said, "I found it cheaper."
- [Linda] Yes. - [Judge Judy] And what did he say to you?
He said, "Well, I can't give you a refund."
He said, "That would have to be up to corporate,
so I'll have to get a hold of them and get back with you."
Well, he never did.
[Judge Judy] Taking what you say is true, you called him
a week later and said, "I found this very expensive product,"
the other things were facial creams and potions and lotions, whatever.
I'm not so concerned about those. I'm concerned about this $8,000 item.
So you called and said to him, with regard to the $8,000 item,
- "I found it cheaper." - I don't think I told him that, no.
[Judge Judy] Okay. Now let me read the police report.
Okay. Have you seen the police report, sir?
- [Eric] No, I have not. - Okay.
So, this is a police report by an officer who you don't know.
And doesn't know you.
And what happened was, on the 8th of March,
he received a dispatch to go to the location,
because the plaintiff had complained
that she felt, on the 21st of February,
that she couldn't leave the store,
and she spent over $9,000 at the store.
So he went to see her, because the case was a false imprisonment case.
- Interesting. - [Judge Judy] And it said,
while officer was en route, he asked his dispatch
if there was any history involving your location,
and it said there were two previous incidents
involving your store. You're aware of that?
- Yes, Your Honor. - [Judge Judy] Yes!
And he read the papers of the events, there were two different complaints,
two different complainants, that were very similar,
that were reported by this plaintiff.
It said that the other two victims were lured into the store,
and they felt as if they were not able to leave
until they purchased products. One of the reports stated
that the victim had spent over $100,000
on reoccurring charges and products that she didn't want."
So, similarly, there's a little history there.
I'm just... I'm reading you what the complaints are, sir.
- Do you understand? - Absolutely.
[Judge Judy] Okay. Let me finish.
Okay, so, the next day, on February 22nd,
you said you wanted a refund for the device.
This is what you say, not for the creams,
not for anything else, just for the device.
- Yes. - [Judge Judy] Okay.
Your Honor, she didn't pay for the creams.
She paid for one cream out of all the creams that she got.
- Whatever. - [Eric] Okay.
That's not where you made your money.
- No, I know, it's on the machine. - [Judge Judy chuckling]
That's not where you made your monies, on the lotions and potions.
Okay. "Suspect 2," that was you, "told her he was unable to give her a refund,
and it would have to be done by corporate."
Were you the one who told her that?
- I spoke to... - J--! That's either a yes or a no.
No, I did not say that.
[Judge Judy] Tell me what you said.
I told her that she signed a no-refunds agreement,
and she understood that she purchased
the sale, that it was a final sale, because she got,
- what she received... - What did she receive?
She received six months' worth of services that she did not want,
which were complimentary.
She also received a full-skin regimen,
day cream, night cream, cleanser,
toner, eye serum, eye cream, peeling gel.
And she paid how much for all that stuff?
Nothing. She only bought one eye cream, and that was the initial...
Just a second. How much was the eye cream?
- It was 600, I believe. - [laughing]
[audience laughing]
Do you still run that place when you're not sunning in Miami?
- No, and those are the only... - Just a second.
It takes an awful lot for somebody
who feels as if they've been taken advantage of
to actually go to the police and say,
"I was duped by this dope,"
or "a dope that was duped by this dope."
[Linda chuckles]
[theme music playing]
[Announcer] Defendant Eric West
claims the plaintiff, Linda Bernardasci,
purchased products with a no-refund policy.
Linda felt she could not leave unless she bought the items.
The eye cream was $600. Okay.
All right. Mr. West, I'm not gonna waste any more time
with this case.
You're going to get your $8,000 back when Mr. West gets back
his sealed wand.
- Do you understand? - Yes.
- [Judge Judy] If it's been opened... - It hasn't.
[Judge Judy] If it's been opened,
it belongs to you. Do you understand?
- Yes. - [Judge Judy] If it's been opened,
and it came in a sealed package,
it belongs to you.
As soon as Mr. West receives...
You still in the same location?
- We... - Are you still in the same location,
that's either a yes or a no.
- I'm not in the location, no. - [Judge Judy] What?
There's another operator there, but just for the record,
I believe that we opened the device,
because she wanted to know how to use it at the store.
- [Judge Judy] Just a second. - Okay.
[Judge Judy] So then, you have no problem, sir.
- Okay. - Do you understand?
- [Eric] Yes. - Unless she can return the item to you,
sealed, because she says it's sealed,
and there's no way that it could've been opened,
that's what she told me,
if she opened it, that means she tried it,
and if she tried it, it belongs to you.
- Do you understand? - Yes.
[Judge Judy] So, within five days,
he gets the product back.
What?
I just want to show you this final sale agreement that she wrote...
[Judge Judy] Just a... I understand what it says, sir.
I understand what it says. I also understand that your little company
had no two prior complaints from that location.
And it takes an awful lot for somebody
who feels as if they've been taken advantage of
to actually go to the police.
Most people just write it off, and said, "I was being a real schlemiel,
and I was duped by this dope,"
or "a dope that was duped by this dope."
- [chuckling] - [Judge Judy] And just say,
- "I'm gonna..." - Your Honor?
[Judge Judy] "I'm gonna eat it."
What I'm telling you, sir, is, I buy an awful lotta junk.
For my face, that's what old people do, they buy lotions and potions and stuff,
I even steal some of hers.
- [chuckling] - [Judge Judy] And I have plenty of dough.
I have never, ever,
in my life, spent $600 on eye cream.
Ever!
- [audience laughing] - And so, if she spent $600 on eye cream,
that means she could've bathed in all the other products,
and you still would've made money.
She is going to get her money back
for this worthless piece of accessory,
'cause it's worthless to her, 'cause she hasn't used it,
and she doesn't want it, and she's gonna get it back,
from you, when she produces the sealed package.
That's it. And,
- you're her witness? - [Lisa] Yes.
- Do you live close by to this shop? - Yes.
Do you still run that place when you're not sunning in Miami?
- No, and those are the only... - [Judge Judy] Just, just a second.
The answer is no. What happened to that business
- at that location? - There's another operator coming in,
and our contract ended recently. There's another company...
- What do you mean? - [Eric] ...coming in to run it.
Sounds like such a Ponzi scheme.
The whole thing sounds like such a Ponzi scheme.
No, it's called Covid.
[Judge Judy] Judgment for the plaintiff in the amount of $8,000,
when she produces the sealed item.
Thank you very much, we're done here.
[Kevin] This court is adjourned.
This woman clearly had a bad episode of buyer's remorse,
was emotionally unstable, used somebody else's credit cards
that claims to be her husband,
and God only knows what other kinda scams she's trying to pull.
Well, I think the judge made a very sound decision,
because the guy is a total fraud.
She actually took advantage of me, and took my time,
for three and a half, almost four hours,
asking me, "What is this? How does this work?
What is this? How does that work?"
And I literally used all these products that she purchased,
and got to see results from, that she was happy with when she left.
Absolutely manipulated me. Went out of his way to manipulate me.
Well, she opened it in the store, so if she does return it,
she'll have to seal it again with some kind of plastic sealer,
like they used, like, for those old VHS tapes,
when they used to seal them after you watched them,
from Hollywood Video?
Beware, because there's a lot of frauds out there.
I stand by my products.
The product is intact.
For once in my life, I am so glad that when I'm walking down the street,
and we've encountered these people in our walks,
just around, like you said, around our neighborhood,
for my resting bitch face.
Because never once have they looked at me and said,
"She looks like an easy target for us to pull into the store," not once.
Would you give me an example of... of...?
Just, I think, living in New York City as a woman, alone,
taking the subway for three years...
- I want you to look at me... - You... no, I can't recreate it.
- [Judge Judy chuckling] - You know it when you see it.
You know it when you see it. I'm sure it's on one of our episodes,
but I'm, I just am so disgusted with people like that,
that know exactly what they're doing.
He suns himself in Miami on the weekends,
all on the backs of these poor older people
who feel pressured and, maybe, like she was saying,
she lives with someone who's a recluse,
who... I'm sure she doesn't speak to that many people,
and that's the whole scam, and I just feel so terrible,
that this guy takes pride in his "business"
that is scamming people.
It looks, it looks like a little bit of a shady business that he went into
for $200,000, and now somebody else took it over.
- And not anyone with a last name. - [Judge Judy] Yeah, right.
There's never anyone with a last name involved in these things.
[sighs] People have to be careful.
You know, in the law, caveat emptor, you know,
let the buyer... let a buyer beware.
That's okay. But this overaggressive salesmanship...
- Mm-hmm. - [Judge Judy] ...reminds me , Sarah,
of something that the Legal Aid Society, who are the defense team in family court,
would argue in the closing statement in a robbery case to me,
they would say to me, "It's not a robbery,
he was aggressively panhandling."
That's what it was, it wasn't a robbery,
- it was an aggressive panhandle. - Mm-hmm.
This is just aggressive salesmanship, is what he's saying.
Well, the line crosses between aggressive salesmanship.
- False imprisonment. - [Judge Judy] And, and what amounts to,
at least in her case, and the case of at least two other people
who went into that store feeling that they were uncomfortable
about leaving unless they purchased something.
- Mm-hmm. - You know, you and I are tough birds.
We would, you know, say, "Well, we're leaving.
"Oh, really? We're not leaving until we buy...?"
- [Sarah chuckling] - Yeah, right.
But some people can't do that, that's not in their character.
Anyway, you know, if somebody puts them out of business,
another business will just pop up,
because, as, I don't know, was it W.C. Fields said,
"There's a sucker born every minute," I'm not exactly sure who said it
but somebody will tell me.
[Announcer] Want justice? Go to JudyJustice.tv.