Resolving OS/2 Guy's Complaint
- From: "Lee Scelzi" <lscelzi_consumer_arbitrator@xxxxxxxxx>
- Date: 12 Jul 2005 16:19:47 -0700
I worked for a consumer protection agency helping to resolve disputes
for many years and am now retired. I received a few messages this
morning regarding this ongoing dispute and will offer my opinion.
I've read Dr. Martin's postings and find Dr. Martin has a valid and
legal point. Further clarification should be made by Mr. St. John and
by an official of Mensys, NL, although I suggest, before he or they do
so, they seek legal guidance.
Mr. St. John has stated "Years ago he [Dr. Martin] made this claim and
a check of the records produced no "Tim Martin" ... but there was a
Chauvet.".
Since Mr. St. John is the owner of a company who produces a product
called Ecomstation, the inference is made by Mr. St. John that the
product was obtained, presumably through purchase, by someone with the
last name of "Chauvet". Stating this type of customer identification
information in a public forum without authorization from the customer
("Chauvet") constitutes a breach of contract.
If the claim " ... but there was a Chauvet" is determined to be valid
then Mr. St. John is considered in breach of contract. Mensys, NL, of
the Netherlands, could also be held liable.
The Ecomstation product has one distributor, Mensys, NL, of the
Netherlands, as employed by Mr. St. John. Information provided for the
registration of the Ecomstation product appears to be the sole
responsibility of the Mensys, NL, company. Through inference by Mr. St.
John, these are assumed to be the records that were checked by Mr. St.
John as the basis of his claim that "there was a "Chauvet". Mr. St.
John should have access to no other Mensys account records then those
that pertain to the distribution and registration of his product. If
Mensys, NL, has informed Mr. St. John that a "Chauvet" has an account
with them, outside of a purchase of the Ecomstation product, then a
second breach of contract has been made. If Mr. St. John came across
such a record without Mensys' authorization to do so and is publicly
reporting the validity of such an account, he has incurred another
breach of contract and (probable) theft of confidential consumer
information.
Information found on a seller's website for a customer account would in
all liklihood contain the customer's name, billing address, credit card
information and any other information pertinent to the purchase,
registration and distribution of the product. Under current U.S.
Consumer laws, the customer's information is to be held in confidence
by the seller unless authorized by the customer for distribution. Any
breach of that confidence is considered an illegal act.
If any "Chauvet" can be verified as holding an account with the Mensys,
NL, company then Mr. St. John and the Mensys, NL, company have violated
the agreement of account and should be held liable for publicly
revealing the private information of an account holder. If Mensys, NL,
were to claim and prove their company records were accessed without
their direct authorization they could not be held directly liable. If
an employee of Mensys, NL, had access to the consumer account
information and provided any information from any account to Mr. St.
John that was not related to the Ecomstation product, both the employee
and the company of Mensys, NL, could be held liable.
I will respond to reasonable responses.
Lee Scelzi
Consumer Advocate & Arbitrator
.
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