To all Ducks
Today, October 29, 2010, Judge Rick Brown of the Riverside County Superior Court entered a verdict for the plaintiffs in a certified national class action lawsuit. The court entered a verdict against Heidi Diaz the owner of the diet website Kimkins.com for fraud and false advertising. The court awarded the class members restitution in the amount of $1,824,210.39. The court also awarded an additional $500,000 in punitive damages as well as attorney fees. The court then issued a temporary restraining order to freeze all of the assets of Ms. Diaz.
Most notably, the court also imposed an injunction requiring Heidi Diaz to post on all of her websites that: (1) she lied about her weight loss; (2) she lied about her after diet pictures; (3) she lied about testimonials on her website; and (4) she lied about the photographs used with the testimonials to promote the Kimkins website.
An injunction was also issued to prevent Heidi Diaz from contracting, harassing or cyberbulling the plaintiffs and the witnesses. A formal judgment will be entered before November 19, 2010.
The original complaint was filed over three years ago on October 15, 2007. I want to thank everyone who supported the class action lawsuit. The Ducks were wonderful. I met a lot of great people and made a lot of new friends fighting for a good cause. Heidi Diaz lied on her website and made the fatal mistake of lying in the courtroom. You cannot trust Heidi Diaz. I anticipate more legal (illegal) maneuvering by Heidi Diaz to evade the judgment. We will be prepared and I will be relentless. Again, I thank all you.
John E. Tiedt
TIEDT & HURD
I have recently relocated. I hate moving, but one minor benefit is that I am no longer blocked from the Kimkins Website. My rate of posting on this blog is a pretty clear indication that I am lacking in the Fascination with Kimmer department. I was finally bored enough to go in for a fresh look today. A page that struck me a very misleading is the FAQ. I suspect that the most frequently asked questions are actually the ones that get people banned.
I have 12,000 comments held for moderation and they broke my SQL stuff. I will turn commenting back on when the mess is straightened out and I have a chance to activate some plugins.
It’s not like there is any shortage of places to discuss Kimkins.
He who is his own lawyer has a fool for a client.
Heidi Diaz is officially without representation now that her lawyer has stepped away from the proceedings. I have been out of the loop for too long to offer any worthwhile commentary. Check out these blogs for some suppositions, predictions and explanations…
I was almost going to write a post with some lame jokey title referencing giant peaches, because of this article about the obesity rate in Georgia. As I read the article, I came to realize that the state wasn’t a standout in the statistics, there are a few with worse numbers.
The estimate of the COST of obesity is worth commenting on. The seven figure Kimkins scam is small potatoes compared to the $2.1 BILLION that State officials have estimated obesity costs Georgia every year. I haven’t formed a solid opinion on this type of statistic. I would be interested to see what other people have to say.
According to arindamchakraborty.com, you can have too many testimonials. I can’t view Kimkins.com, but I noticed an item on Google directing me to view ALL 719 TESTIMONIALS. One of the most successful websites in the weight loss niche has ZERO testimonials. Fatloss4idiots.com relies more on effective advertising.
Kimkins.com seems to be set up so that a handful of testimonials are randomly called up from the database to display on the front page. The top one showing on the google cache of the homepage reads as a story of failure before it is truncated. Given the fact that Kimkins is a dishonest marketing of a seriously flawed diet, it’s not surprising that the testimonials leave a bit to be desired. Hey, at least there are a LOT of them
A close friend of mine was getting frustrated because she was dieting and working out without getting the scale to budge. We had a staff party and it was reason enough to go off the diet. I bought the cake… and the chips. The diet (I think it was CORE) was put aside for an entire weekend. I heard from her on Tuesday about the surprise weight loss.
I would be interested in any comments about this phenomenon.
I don’t know if this successful dieter is a celebrity. I do know that the prizes are tempting, and the contest is very easy to enter for anyone with a blog. Check out the post at Half of Me. I am meeting the qualifications, but I have decided not to enter. This improves your chances
The wheels of justice turn slowly. Fortunately for Heidi Diaz, the core demographic that she defrauded grew up watching Sesame Street and have a short attention span as a result.
That may be an exaggeration, but there certainly is less going on on the blogosphere. A result in the proceedings will probably get some people talking for awhile, maybe even the media. Personally, I think the media is done with this human drama.
ReputationHawk.com has an interesting business model. It caters to businesses and organizations that have been the victims of effectively targeted criticism on the Internet. I can imagine that anyone would be looking for help if they Googled the name of their business and saw more bad than good on the first page.
Heidi Diaz and staff spent much of the early post exposure period changing the site over and over again in response to precise criticism and repeatedly claimed that past criticisms were no longer valid. This sounds like the first step that Reputation Hawk asks their potential clients to take. I still have my doubts that they would be interested in Kimkins because of the big lie on which it was based. That’s not going away.
Actually Chris Martin of ReputationHawk told Newsweek that “Some people have made their bed and need to sleep in it.” What I think he means is, his service is intended to push unfair and/or outdated criticism off the first page of a Google search, not valid and current stuff. I think that as well as being wrong, that would also be MUCH more difficult.