Tuesday, February 27, 2007
Construct Data (Fairguide) in full blown retreat
Construct Data (CD) who trade as Fairguide have profited for years from the mailing of misleading contracts. To spite rulings against them in individual states they have cynically exploited the loophole which makes it hard for law enforcers in individual countries to prevent cross border business to business scams. Now things are changing.
In February 2006 StopECG reported on a court case in Austria where the Austrian Schutzverband gegen unlauteren Wettbewerb (Protective Association against Unfair Competition) were seeking not only to prevent Construct Data from mailing more contracts but also to prevent them from profiting from previously mailed contracts. CDs initial defense was that the Schutzverband represents Austrian commerce and could therefore not act on behalf of companies outside the country, the Schutzverband for their part argued that CDs activities were so damaging as to constitute a cause for concern to all Austrian businesses. They won this important argument and at this point CD settled out of court, essentially acceding to all the Schutzverband’s main demands.
See the Schutzverband website (In German)
CD have agreed not only to cease the mailing of misleading contracts to the EU, Switzerland and EWR (affiliate States of the EU like Liechtenstein) but also to cancel their demands for money against companies who dispute the contracts.
An out of court settlement avoids a definitive ruling on CDs tactics by an Austrian judge, however it would be hard for CD (who claim that their contracts are governed by Austrian law) to now pursue any so-called debt through the courts.
The wording of the settlement is such that CD has a loophole whereby if a company does not notify them that they signed the form in error, CD can technically continue to demand money.
StopECG therefore recommends that ALL companies who feel deceived by CD should write to them noting that they signed the form in error. There is no need to quote the settlement or stopECG, the simple act of notifying them should be enough to finish this for good
Proof of post is not proof of delivery! Send by registered mail to:
Construct Data Verlag AG,
Ortsstraße 54,
2331 Vösendorf,
Austria
CD has a number of emails. It may be best to send to
accounts@cdnet.at
other possible addresses include
info@cdnet.at; info@fairguide.com; info@fair-guide.com
Fax to: +43 1 / 699 40 77 - 40
We will monitor closely CDs compliance with the settlement and update the Construct Data Page on stopECG.org if needed. If you have notified CD that you signed in error and continue to recieve demands, please let me know
I cannot overstate the importance of this development, it is really important that everyone in dispute with CD is notified quickly. For that reason I ask that anyone with the time goes to CDs website
http://www.fairguide.com/
and contacts companies listed in their area, Use email or fax or post, and let them know that if they signed in error they must notify CD and that should be the end of the matter. You need only contact those companies that have a bold ‘Integrated website’ listing.
Finally, a brief note on the part that was decided in court, it appears that the judge accepted that to have a company like Construct Data trading from your country could be harmful to the national interest. Bravo! Let’s hope the authorities in other countries playing host to Ludenbach guides pay heed.
In February 2006 StopECG reported on a court case in Austria where the Austrian Schutzverband gegen unlauteren Wettbewerb (Protective Association against Unfair Competition) were seeking not only to prevent Construct Data from mailing more contracts but also to prevent them from profiting from previously mailed contracts. CDs initial defense was that the Schutzverband represents Austrian commerce and could therefore not act on behalf of companies outside the country, the Schutzverband for their part argued that CDs activities were so damaging as to constitute a cause for concern to all Austrian businesses. They won this important argument and at this point CD settled out of court, essentially acceding to all the Schutzverband’s main demands.
See the Schutzverband website (In German)
CD have agreed not only to cease the mailing of misleading contracts to the EU, Switzerland and EWR (affiliate States of the EU like Liechtenstein) but also to cancel their demands for money against companies who dispute the contracts.
An out of court settlement avoids a definitive ruling on CDs tactics by an Austrian judge, however it would be hard for CD (who claim that their contracts are governed by Austrian law) to now pursue any so-called debt through the courts.
The wording of the settlement is such that CD has a loophole whereby if a company does not notify them that they signed the form in error, CD can technically continue to demand money.
StopECG therefore recommends that ALL companies who feel deceived by CD should write to them noting that they signed the form in error. There is no need to quote the settlement or stopECG, the simple act of notifying them should be enough to finish this for good
Proof of post is not proof of delivery! Send by registered mail to:
Construct Data Verlag AG,
Ortsstraße 54,
2331 Vösendorf,
Austria
CD has a number of emails. It may be best to send to
accounts@cdnet.at
other possible addresses include
info@cdnet.at; info@fairguide.com; info@fair-guide.com
Fax to: +43 1 / 699 40 77 - 40
We will monitor closely CDs compliance with the settlement and update the Construct Data Page on stopECG.org if needed. If you have notified CD that you signed in error and continue to recieve demands, please let me know
I cannot overstate the importance of this development, it is really important that everyone in dispute with CD is notified quickly. For that reason I ask that anyone with the time goes to CDs website
http://www.fairguide.com/
and contacts companies listed in their area, Use email or fax or post, and let them know that if they signed in error they must notify CD and that should be the end of the matter. You need only contact those companies that have a bold ‘Integrated website’ listing.
Finally, a brief note on the part that was decided in court, it appears that the judge accepted that to have a company like Construct Data trading from your country could be harmful to the national interest. Bravo! Let’s hope the authorities in other countries playing host to Ludenbach guides pay heed.
Labels: construct Data, fairguide, misleading, scam
Comments:
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Fantastic work. I have just started my own small company http://www.365drills.com and cash flow is critical in my first year. When I attended a show it was a stretch to afford the exhbition fees. To find out I signed to pay £2000 for three years was a scandal. I am so pleased others have spent their time with websites fighting this issue. I cant beleive its still going on in 2007. Once again well done. Richard.
It seems these con artists have been run out of the EU. They are now trying their scams in the US. I got an invoice from them for $1500. I've contacted show organizers here to try and stop these SOB's!
Xavier Nuez
Fremont, CA
www.nuez.com
Xavier Nuez
Fremont, CA
www.nuez.com
Not only it did go on in 2007 but also in 2008.
This is an Italian company being deceived by CD again. I sent the letter and wrote some emails. Hope it will really stop! I felt so "stupid" when I realized I had been cheated!
Many thanks for the research and help. Lina
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This is an Italian company being deceived by CD again. I sent the letter and wrote some emails. Hope it will really stop! I felt so "stupid" when I realized I had been cheated!
Many thanks for the research and help. Lina
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