All the police in the world are acting on Directory scam ... what about ours
http://www.praguepost.com/articles/2006/11/29/directory-scheme-traps-businesses.phpDirectory scheme traps businesses
Five companies are now in litigation against Swiss firm
By Paul Voosen
Staff Writer, The Prague Post
November 29th, 2006 issue
Intercable Verlag is suing Bob Peppett's company to collect.
It starts with the whir of a fax machine, the opening of an envelope or a knock on the door at the end of a long business day. You're presented with a simple form, reading "European Internet Register" across the top in bold type. At first glance, the form appears to offer a free update to one's business's listing in a Europe-wide directory.
But, in carefully worded fine print at the form's base, it becomes clear that, by signing and sending the form back to the publisher — Swiss-based Intercable Verlag — you are entering into a contract to purchase three editions of a business directory, at a total price of 2,070 euros ($2,670/57,774 Kč
. Repeated invoices soon follow, putting pressure on the business to pay, and litigation may be threatened.
Five Czech companies that say they were duped by these forms into entering contracts with Intercable Verlag are now fighting back, contesting lawsuits brought against them in Czech courts by Intercable. These cases are currently being heard or under appeal in regional courts, some the culmination of years of dispute.
"Anyone that does not want our paid services returns the form unsigned," said Adrian Wittmer, Intercable Verlag's managing director. "It is general business practice to read what one signs; consequently, the signee cannot be misled."
Some 1,500 Czech companies or nonprofits have paid Intercable after signing its forms, says one law firm investigating Intercable.
Sixty-one-year-old Bob Peppett, a British businessman whose Czech-based furniture company, Brastan, signed an Intercable form in March 2004, is now fending off an Intercable Verlag lawsuit against his company for failure to pay.
Peppett still has a photocopy of the original signed agreement, kept in a phonebook-size black binder of invoices, e-mails and faxes he has collected, the fruits of several hundred hours of research against the company. "This form may look primitive, but it just stays in the bounds of legality."
When his company received the first invoice from Intercable in April 2004, Peppett faxed back a terse response reading, "This order is not genuine. Please cancel, as we will not pay." He then told his staff to throw out any subsequent invoices, thinking there would be no follow through. He was wrong, and Intercable continued to contact Brastan with invoices and eventually letters from management. Peppett was urged by a nervous staff to act, and so he went to the Internet.
There he found a sprawling community of businesspeople from across Europe, including other Czech companies, who felt that they were victims of Intercable's directory scheme. He began contacting Swiss and European authorities.
Intercable Verlag's Wittmer said he does not understand why Peppett is trying to destroy his business in the Czech Republic. Wittmer tried to come to an understanding with Peppett, he said, but now they must let the courts decide the dispute. Intercable has also filed a slander suit against Peppett, to be heard in January.
"We get a lot of complaints about these types of scams," said Katie Carroll, spokeswoman for the European Advertising Standards Alliance (EASA). The largest number of complaints have been against two companies, European City Guide and Construct Data Verlag.
The practices of both companies, based in Spain and Austria, respectively, are similar to those of Intercable Verlag. All three companies may in fact be owned or influenced by the same man, German businessman Meinolf Lüdenbach, said Christian Bütikofer, a Swiss journalist who has investigated Intercable and related companies over the past year for the newspaper Tages-Anzeiger.
The Swiss government is aware of the controversy Intercable and similar companies based within its borders have caused. It has issued warnings against the businesses. Swiss police raided the offices of Intercable Verlag June 20, spurred by the State Secretariat for Economic Affairs (SECO); the raid was an expansion of an investigation into three other companies begun the previous year.
Guido Sutter of SECO confirmed the investigation of Intercable Verlag but declined to comment further on related cases now before the Swiss courts.
"The Czech Republic is very popular for Intercable, as are Poland and Slovakia," said Bütikofer. "The particular trick with Intercable is that it works with people," he said, using freelance sales representatives who approach institutions in person. This is unlike any other directory scheme Bütikofer knows of.
The law firm IMG has been following Intercable's activities in the Czech Republic after it, too, signed an agreement with the company. According to its research, 60 percent of the Czech organizations that have signed agreements with Intercable — which include schools, hospitals and town halls — were approached in person by sales representatives. Receptionists and assistants would then sign Intercable's forms, with the contracts going to five years in length at 1,290 euros a year.
Unlike Brastan, IMG did not receive an invoice from Intercable until a year after the first form was signed. A lawyer from the company who declined to be named attributed this delay to Article 23 of the Swiss Code of Obligations, which allows one year for a contract to be challenged if one party feels deceived. To this point, IMG has received only invoices from Intercable and has not been sued.
Other companies have not been so lucky, and Intercable has suits open against five different firms. One suit, against CS International, is now in appeal, and, according to IMG, CS International has a great chance to win. Even if the suit is won, under the Czech judicial system, this does not establish a precedent in the Anglo-American sense. Intercable could still win related suits. CS International declined to comment on the case.
The day before Brastan's case was to go to trial, Nov. 23 in Ústà nad OrlicÃ, east Bohemia, Peppett predicted that the case would be adjourned, based on an excuse raised by the prosecution. Such an adjournment would perfectly match Intercable's tactics, he said — delaying the case is one more way of pressuring him to settle.
The next day, the court adjourned Brastan's case.
Naďa Černá contributed to this report.
Paul Voosen can be reached at
[email protected]Other articles in Business (29/11/2006):
Skewed advertising
ČSA replaces half its top brass
EU directive will aid Czech service industry
10 Questions
Movers & Shakers
Biz Week
Biz Events
A slightly better nightmare
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Reader's comments:add your comment
[10:52 05/12/2006] : Never pay, should you be foolish enough to fall in the trap. It works over here, Switzerland, and must work from any other country as well.
Links to some articles and a website:
- ADRESSEN, DIE INS GELD GEHEN
by Aureliusz Pedziwol/Prag
tagblatt.ch, 16.2.2006
http://www.tagblatt.ch/index.php?artikelxml=xxx&artikel_id=1150646&ressort=tagblattheute/wirtschaftTagblatt Heute
- KRIPO BESUCHT ZUGER WEB-VERLAG
by Christian Bütikofer
Tages-Anzeiger, 9.10.2006
http://tagi.ch/dyn/digital/hintergrund/674588.html
- STOP Intercable Verlag AG
http://www.stopecg.org/intercable.htm
- Stop The European City Guide!
http://www.stopecg.org
And also:
http://www.google.com/search?q=Intercable+Verlag
Vladimir Rott
Zurich
[09:52 14/03/2007] : ive known bob peppett many years he is a trusted friend and very honest
patrick hiney
london
[20:08 27/09/2007] : My husband and I run a small holiday camping park on the west coast of Wales. My family were here for many years before us. I do all the paperwork, while my husband looks after the outside work. I have always been extra careful of junk post, email and telephone calls and feel that it has become hard work to fight all these people away - especially at the telephone. That is why I cannot believe how I have somehow become one of the latest victims of Nova Channel AG! Fortunately I found someone who knew about them before I paid and have been scouring the Internet for the last week to educate myself further.
I am absolutely shocked to read all about it. My case is still in very early stages as I have only just received their first "surprise" invoice. We are honest, hard-working people and have never refused to pay our bills, but I will go to prison in Switzerland before I pay this one.
Anwen L Roberts
Wales
[07:24 14/10/2007] : In my case, a staff member thought the form was from the national domain registry, actually tracked down the phone number and called the company up. The woman who answered assured my staff member that the services were indeed free and to send in the form. This is a ploy commonly known as 'bait & switch', in which a company 'baits' a customer with an offer of free services, then 'switches' them to a billable service using tactics that include language that is misleading or easily misconstrued. A 'bait & switch' agreement cannot be deemed 'good faith' and in most countries, in order to be binding, a contract must always be entered into 'in good faith'. The language used by these guys may be legal in the sense that they may escape prosecution, but it is not legally binding in court if you contest it. So don't worry. These guys are in the intimidation racket.
Richard Holby
Lille
Note: These opinions do not represent opinions of The Prague Post.
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