Tuesday, November 26, 2013

Public Citizen Litigation Group issues letter to Kleargear

The Public Citizen Litigation Group issued a letter yesterday. One wonders mightily who will be around to read it. Everybody and their dog knows the Kleargear corporate address is a mail drop.



Personal Upshot? Threatening utter criminal scumbags with litigation in 30 days time whilst they are in the middle of a "midnight move" after ripping as many people off as humanly possible now isn't a fair resolution.

By 100% absolute rights the cops should be shuttering that fraudulent website. NOW.


E-Mail from stephen.gutman@yahoo.com - Update

Of course there has been no further reply from stephen.gutman@yahoo.com

We best explain that we are ATTEMPTING to contact a 100% la de da lawyer, not just the scumbaggians hiring his fully black soul. Our semi-exhaustive due diligence tells us that Mr. Stephen L. Gutman is a real dude, one that would be just about JUMPING UP AND DOWN to rescue his very battered reputation by now.

Thats not what we have happening. As anybody that has TRIED to call these K9s can tell you, they are scurrying under the rocks as fast as they can be lifted.

Only active members are eligible to practice law in Michigan.
Stephen L. Gutman—P14480 (active and in good standing)

Gutman PLLC
PO Box 250517
Franklin, MI 48025

Phone: (248) 488-7888
Fax: (248) 809-4049
e-Mail: sgutman@gutmanpllc.com
Sections:International Law Section, Master Lawyers Section, Probate & Estate Planning Section, Taxation Section
vCard Electronic Business Card

Michigan Licensed: 07/19/1967


Stephen L. Gutman
The plot is getting thicker and deeper citizens as this monkey has received an e-mail from stephen.gutman@yahoo.com denying everything except the birth of Jesus.

"Please be advised that your emails were directed to the wrong person. I am not and never was the attorney for Clear Gear or any other entity with a similar name. I was contacted by 2 television stations and explained the same to them.

Your email threats have been reported to the local police department who advised me, if you continue, to report this matter to the FBI. I am sure they will be able to find you despite your efforts to hide your identity."
Well DAMN says we with gusto. The grotesquely offensive remarks were directed to what appeared to be a licensed lawyer's (gag) domain. Specifically, we e-mailed a wicked large, MFing PoS Coksucker at ... sgutman@gutmanpllc.com

So whats the deal?

Here is our confused reply ...

"I am not certain which e-mails you are referring to exactly. Send me a copy.
I sent my e-mails to a practicing lawyer at what appears his domain, not yahoo.
I threatened nobody and DO call the FBI, the CIA the National Guard ... and your momma.


If you are NOT a wicked fukkin scuzzy bag PoS offense excuse for a lawyer (soon to be disbared) then HELP ME track that wicked crooked MFing basterd down.

Have super duper pooper day,


p.s. Our blog numbers are outstanding."

So WTF is going on here? No clue whatever. At first blush this reply is SOUNDING distinctly lawyerly. WHY is a Yahoo address replying to something sent to "gutmanpllc.com"?

ONLY the shadow knows citizens ... stay tuned, it can only get better.

Wednesday, November 20, 2013

Exposing Criminal Fraud - William Franklin Bermender - UPDATED II

How curious indeed that material posted elsewhere becomes subject to censorship here.

The following is an investigative piece posted on RipOff Report.

"KlearGear asserts falsely that someone accepted a contractual term, and asserts a debt based on that false statement, and reports that debt to credit agencies, that's fraud. It's not just a civil wrong, it's a crime."


William Franklin Bermender

"The many lives of William Franklin Bermender

So, what started as a basic investigation into Kleargears credentials quickly heated up when it was revealed that they recently raised $7 million yet customers had been threatened for years with retaliation when the products they ordered never arrived.

When I visited their homepage for the first time, it struck me that TRUSTe would certify a shop with such awful Terms of Service. Turns out they didn't.
•A source within TRUSTe informs me that genuine seals are clickable links leading to a certification page; this is just an image on KlearGear's page.
• KlearGear is not in TRUSTe's searchable database of certified sites.
• My source within TRUSTe confirms that KlearGear.com has never been TRUSTe certified.

Kleargear outright lied at their homepage: http://www.truste.com/consumer-privacy/trusted-directory/?radio=url&search=kleargear&submit=Search69

The "5-Star Merchant eTAILERratings" seal on their home page. It's not clickable. When you go to that site and search for kleargear.com, guess what?

They also have a fake BBB rating on their page.

I'm actually wondering, given all the misrepresentation, legally unenforceable policies (such as the $550 disputed charge fee, the bogus non-disclosure "agreement" etc.), the fact that they're not shipping promised goods, etc., if they're even a real business. I'm wondering if the business was set up primarily as a scam, not an e-tailer...

Multiple older press releases list a Will Bermender as the president of KlearGear:

"It's the coolest office toy ever made," said KlearGear.com President and Chief Geek Will Bermender.
"Our new affiliate program is the perfect win-win situation where we can introduce our cutting edge gadgets to new audiences, while also sharing financial rewards with web site owners," said Will Bermender, President at KlearGear.com.

It got even better when one of our investigators sat down for a lunch meeting with a former employee, and not only heard, but got to see the intensity and disgust in their face when asked about Bermender and his shell company companies Klear Gear, Havaco Direct and Chenal Media. They told us Havaco Direct has used the same San Antonio address as William Bermender which they confirmed for showing us the local White Pages. Bermender after being reported on Ripoff Report then relocated to Arkansa with an address located on Chenal Valley Dr, Apt 2304 (no coincidence – Chenal Media & Chenal Brands)

In another phone interview, a warehouse manager for KlearGear said of Bermender; “It was like he was invisible, except for his pathetic penchant for name dropping”. Another sales executive stated; “Bermender was associated with badcustomer.com tried desperately to get his new con off the ground by bilking investors out of $7 million dollars through Chenal Media.

The LinkedIn page for Will Bermender says he's in LA, so is this the same Will? Well, we do know that Chenal owns KlearGear, but is this the same as Chenal Media? Yes it is!

Will decided to use his gadget gains to break into the Hollywood biz. And all we need to do to confirm that the Chenal Brands and KlearGear/Chenal are the same is check out the name on the bottom of the press release announcing Chenal Media's funding.


Secretary of State has a listing for Havaco Direct, Inc. It filed an Application for Certificate of Authority in 2005. It states that Havaco is a DE corp and lists its Director and President as William Bermender. It forfeited its existence in 2007. Yet in 2012 William Bender is on Free Lancer hiring people under Havaco to write fake reviews for Kleargear to try and dilute his victims reports on consumer advocacy websites (see below)

Bermender sent a letter to the Texas Comptroller that is also on file with the Texas Secretary of State. The letter, dated November 2011, states, in short, that Bermender was an outside contractor for Havaco in 2005, but he was never an officer or director ("Apparently, my name erroneously appears in state records for this organization – without my knowledge or consent."). Bermender asks that the Comptroller and SOS remove his name in connection with the company.

Bermender's letterhead contains an email address with @ChenalCo.com


Kleargear fines their customers $3,500 for writing real reviews, yet they pay contractors for fake reviews. I wonder how Will Bermender will try to scrub his ads on Freelancer.com?


Project Description:

This project is to write and post 10 reviews on R E S E L L E R R A T I N G S .COM.
Each review must be:
* 25-125 words on the company and/or products purchased.
* For a different order number (will be provided).
* From a different e-mail addresses. This site will send a request to verify before displaying the review.
* Posted from a different IP address.
Written in grammatically correct English with proper spelling.
The domain name for the site to be reviewed will be provided to the selected provider. The site is a general-interest e-commerce site with no mature content.


Project Description:

We need 240 email addresses to be made.
They must all be of a variation of gmail, Yahoo, Hotmail (80 each).
Each email account needs to be created on a unique IP – prefer iprental.com NO USA IP/Proxy used twice!
Each account should be created in such a way so that they are not going to be banned. We are going to use them for long term. They must be virgin accounts, unused for signing up with any other services.

Questions should be e-mailed to Will Bermender, who is available between 10:00 am and 7:00 pm Monday – Friday (Eastern Standard Time)"
Will Bermender is Chenal Media, Havaco Direct, Kleargear and many other alter egos
Will Bermender – http://www.pinterest.com/kleargear/

Will Bermender, Los Angeles, CA, US, Texas, US – Executive Chairman at Chenal Media, Board …


Will Bermender (peoplesmart) Age: 43
Harold W Bermender, age 43
AKA William Franklin Bermender, W H Bermender, Will Bermender, William W Bermender, W Bermender Has lived in San Antonio TX, Round Rock TX, Hamden CT, Philadelphia PA, Osseo MN, New Haven CT, Little Rock AR (this is where is apartment was on Chenal the name of Chenal Brands and Chenal Media), Southbury CT

Has Worked for Havaco Direct, Chenal Brands, Haniel Industries ( sold $7 million dollars in fake investments in Chenal Media) , Comcast Corporation, Havaco Direct Inc, Chanal Media, Mix Kicks, Shopscape, ShopNBC, Denmore Garments, Cendant Corporation

Related to Priscilla Rivera, Sharon Bermender, Lee Bermender, Susan Bermender, Roberto Jimenez

Sunday, November 17, 2013

On the trail of Utter Scumbags - Kleargear - UPDATE

The "TRUSTe" certificate is apparently being used without authorization as a search reveals that "Kleargear.com" is NOT a "trusted site"
- Update, "TRUSTe" has tweeted that Kleargear has NEVER been certified as a "trusted site".

KlearGear is a division of Chenal Brands, Inc. For more information, contact: Rob Key pr@kleargear.com rkey@kleargear.com
Phone (616) 965-2426 Fax (616) 965-2427
said KlearGear.com president Lee Gersten

9901 i-10 west suite 800 san antonio tx 78230
(214) 432-7923

Chenal Brands

Develops, acquires, and distributes new media projects, particularly films and screenplays in the horror, action, and science fiction genres.

The website for Chenal Brands http://chenalmedia.com/ appears to be a website connected to French energy producer Total Energy.

"Anyway, as was mentioned previously, the Chenal Media website is actually the Total S.A website. Check the source code of the page (view-source:http://chenalmedia.com/). It redirects to http://total.com/en. So does http://www.chenalco.com/"

The Ripoff Report has provided more details.

Tom Riskin of Inhaniel and listed as a Chenal Media investor is mentioned here: http://www.bizjournals.com/bizjournals/prnewswire/search?q=Tom+Chenal and had created a report profile here http://www.slated.com/people/13599/

The photo listed as Tom Rifkin has been stolen. According to Wikpedia this is Professor Kurt Remele and is licensed CC-BY-SA-3.0, which means using it without attribution is illegal.

Megan Torcher another excecutive of Chenal Media and Chenal Brands is another identity created with a stolen photo. The photo of Megan Torcher is actually a picture of German business womam Manuela Better



Will Bermender - Executive Chairman at Chenal Media; CEO at Chenal Brands;
United States
For more information contact:
Will Bermender
(214) 432-7923

Havaco Direct, Inc  is a Delaware corporation.

File Number: 3745438 Incorporation Date / Formation Date: 12/29/2003 (mm/dd/yyyy) Entity Name: HAVACO DIRECT, INC.
Entity Kind: CORPORATION Entity Type: GENERAL
Residency: DOMESTIC State: DE
Address: 2711 CENTERVILLE RD STE 400
State: DE Postal Code: 19808
Phone: (302)636-5440

In 2007 it was found that Havaco Direct Inc attempted to hijack the officeplayground.com website by registering officeplayground.net and then redirecting to the Kleargear.com website.



"Due to a recent dispute filed with your credit card bank in connection with your Order #29296 on 11-Sep-2012, you now owe an additional $50.00 per our Chargeback/Dispute Policy that you agreed to at the time of your purchase (available here: http://www.kleargear.com/help.html). If you do not pay this fee within 30 days of the date of this notice, your delinquent account will be forwarded to our collections firm, credit bureaus TransUnion, Experian, and Equifax, and you will owe an additional $500.00 Collections Fee per our binding sales contract.

To pay this fee, please fax a copy of both sides of your credit card to our Legal Department at (210) 745-4210 and reference your Order #29296. Alternatively, you may send a check to us at the address below.

We regret that we must charge this dispute fee, however your dispute violated our sales contract and was premature and without merit. Once again, please be aware that should you dispute your chargeback fee or later cancel a check payment you will incur additional chargeback and collection fees.

A copy of this message is being provided to your credit card bank in connection with this dispute and the related chargeback dispute fee. Whether or not you cancel your dispute with your credit card bank, this dispute fee is not refundable.

Please be advised that you will not receive another notice regarding this debt before your account is forwarded to our collections agency.

Regards, Stephen Gutman Legal Department KlearGear.com, Inc.

(248) 488-7888

Stephen L. Gutman

40950 Woodward Ave Ste 350
Bloomfield Hills, MI48304
(313) 393-7560Fax (313) 393-7579

Fishman Group Attys

Gutman PLLC
PO Box 250517
Franklin, MI 48025

Phone: (248) 488-7888
Fax: (248) 809-4049
e-Mail: sgutman@gutmanpllc.com
Stephen L. Gutman
The Fishman Group - Attorneys
40950 Woodward Avenue
Suite 350
Bloomfield Hills, MI 48304
Office: 248-743-6070
Fax: 248-743-6002
Character & Fitness Investigations(517) 367-6510 cfquestionsforms@mail.michbar.org


Registrar URL: http://www.godaddy.com
Updated Date: 2012-11-30 20:45:30
Creation Date: 2004-02-16 14:06:14
Registrar Expiration Date: 2015-02-16 14:06:14
Registrar: GoDaddy.com, LLC
Domain Status: clientDeleteProhibited Domain Status: clientRenewProhibited Domain Status: clientTransferProhibited Domain Status: clientUpdateProhibited
Registrant Name: Registration Private
Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14747 N Northsight Blvd Suite 111, PMB 309 Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: United States Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14747 N Northsight Blvd Suite 111, PMB 309 Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: United States Admin Phone: (480) 624-2599 Admin Fax: (480) 624-2598 Admin Email: KLEARGEAR.COM@domainsbyproxy.com
Tech Name: Registration Private Tech
 Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14747 N Northsight Blvd Suite 111, PMB 309 Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: United States Tech Phone: (480) 624-2599 Tech Fax: (480) 624-2598 Tech Email: KLEARGEAR.COM@domainsbyproxy.com Name Server: YNS2.YAHOO.COM Name Server: YNS1.YAHOO.COM

Saturday, November 16, 2013

Customer Fined $3.5K for Writing Negative Review - Update

(Newser) – A Utah woman is facing a massive fine for having the temerity to tell the Internet about a lousy shopping experience. Jen Palmer's husband bought some items for her from Kleargear.com back in 2008. The items never arrived, Paypal canceled the transaction, and Palmer wrote a scathing review on Ripoffreport.com. All seemed right with the world … until three years later, when Kleargear sent her an ultimatum demanding she remove the post, or pay a $3,500 fine, she tells KUTV. "This is fraud," she says. "They're blackmailing us for telling the truth."
Kleargear says a clause in its terms of sale forbids customers from "taking any action that negatively impacts kleargear.com" or its reputation, and allows Kleargear to, "at its sole discretion" fine violators $3,500. Palmer, terrified, tried to remove the review—but Ripoffreport refused to take it down unless she paid them $2,000. When she didn't pay, Kleargear reported her to credit bureaus, and they haven't been able to get that ding removed. It's unclear if the terms of sale were even in force back in 2008—archives don't show them then—and Techdirt observes that, in the wake of KUTV's report, they've completely disappeared from Kleargear's site.


Copyright Agent KlearGear.com Legal Department

2885 Sanford Ave SW Suite #19886
Grandville, MI 49418

Phone (866) 598-4296

Rob Key
Media Relations

2885 Sanford Ave SW Suite #19886
Grandville, MI 49418 Phone (616) 965-2426 Fax (616) 965-2427
Founded in 2001 as computer products cataloger and e-commerce retailer Klearance Computer Gear, KlearGear.com has expanded its product line to include computer-themed giftware, apparel, gadgets, and one-of-a-kind private label merchandise. We sell products we love to people just like us: programmers, I.T. professionals, technology enthusiasts, gamers, and rebels.

For information on shipping, please click here.

To contact us, please click here.

For the status of a recent order, please click here.

"Purchased an item from KlearGear.com and without even thinking about it clicked on a checkbox to agree to their "Terms of Service" sales agreement. They promised delivery within 10 days. After three weeks and unsuccessful attempts to contact them about my order - I cancelled the charge with my credit card company.

A few weeks later I received an email from KlearGear's legal guru "Stephen Gutman" informing me that I owed KlearGear $50 for canceling my order due to the terms of service I had agreed to. Their "Terms of Service" are buried two pages deep on their website. I then reviewed these terms and also found out that if I disparage these parasites; I will owe them an additional $3500!!!

This company is evidently in the business of providing poor service causing uninformed customers to cancel their orders and then owe 2-3 times what the garbage merchandise cost.
I repeat - STAY AWAY - BEWARE!!!