And reading. Heidi Diaz filed her Opposition to Motion for Class Certification, and John T. has filed his response. She really doesn’t get it, does she? And obviously, neither does Mr. Peabody (it is so hard to say that without adding in the Conservatory with the Knife, but I digress…).
You know how you can be talking to someone and they say one little thing and all of a sudden light bulbs start turning on and you see something so clearly that has been right in front of you all along? Well, I had one of those moments this morning. My mind just flew to all sorts of possible scenarios. Here’s how it went …
A good friend and I were talking about Heidi’s essay contest. You can read all about it here, but basically she wanted all sorts of folks vying for $500 in cash prizes, plus Kimkins gift baskets and gift certificates by writing in and telling why they simply LOVE Kimkins. If you notice, the date that contest ended was May 11. Suddenly I realize WHY she is doing that. She has to support the claim Mr. Peabody made in her Opposition – that she has “a substantial number of current active and satisfied clients”. Those essay entries should be safely in the hands of those “blind” judges by now. And the hands of Mr. Peabody, I would add. She has to be able to produce those satisfied clients.
She promised that their names would not be published. Of course, she forgot to mention that once they are submitted to the court as “proof” that their real names will have to be produced as well. She will have to produce those testimonials as exhibits. Don’t forget the fact that they are real people and not sock puppets or paid endorsements will have to be validated. In other words, they will become witnesses for the defense. I’m sure she will try to claim that their identities are somehow privileged. She may be able to hide their name from the public, but the question of whether or not they are real people will still have to be proven to the satisfaction of the court. Given her pattern of fictionalizing, shall we say, that is a genuine and significant question. If they are real people, they have been gathered up by the guise of a “contest”. Another deception. Surprise!
Anyone want to bet that they won’t be published on her site at all? She will claim she is not doing so to protect them, or her attorney advised her not to or some such thing. How about this – the Class Certification hearing is May 20. She is announcing the winners on June 1. She will say the court won’t let her publish that information. Or maybe the “blind judge” is THE judge and she will pick the one he seems to like the best or the one that she believes gets her off the hook. But either way she will say she awarded the money. I wonder if she realizes that to NOT pay those prizes out to real people would be yet another fraud? If a single person submitted their entry via the US Mail that would be a special type of fraud.
I wonder, too, about the testimonials that are popping up on her LiveExpert site (assuming they are real people). She obviously has all of their contact info – whether it is just via their bank or Paypal account or actual address, or her sock drawer. Are they going to pop up as some of her satisfied clients?
Well, this is all just speculation on my part, of course. I have no crystal ball. I just hope that those folks who thought they saw easy money don’t find themselves unwittingly in the middle of her legal messes. Not that she would care, as so many can attest to.
Awhile back this blog post was published in which Heidi supposedly wrote an email to someone addressing the scam involving her and her website. In that email she wrote that two years ago she admitted to making errors in the promotion of her website but immediately corrected those errors when she got caught. Two years ago. That part is certainly a lie, though it is apparent that she is going to try to hang her hat on that hook, judging by her filing.
She made another statement in that email, though, that bears some focus. She said, “What didn't change is Kimkins: a very inexpensive weight loss plan that allows members very quick weight loss. Kimkins is a lean low carb diet with up to 6 servings of leafy greens daily. Less fat than Atkins, fewer carbs than South Beach, low glycemic with superior blood sugar control. This is why our members often report losing 5% of their TOTAL body weight in 10 days or less.”
She is sure right about that. Kimkins has NOT changed. It is STILL a dangerously low calorie diet. It is STILL perpetuated by misleading statements and representations. She is STILL morbidly obese – a fact she fails to list in her “credentials” on her LiveExpert page - proving she STILL isn't able to follow the very diet she cheerfully accepts payment for and promotes. She STILL represents that she has many active members, when, in fact, her numbers have dwindled to a couple of handfuls of fairly regular posters – even lower when you omit the sock puppets. Heidi STILL lies about all sorts of things germane to this case. Yes, indeed. She is sure right that Kimkins has not changed.