REVIVE ENERGY MINTS: Where’s Paul Haverstick?

Paul Haverstick is listed as Business Coach & Marketing Manager of Revive Franchising LLC, franchisor of the Revive Energy Mints vending franchise opportunity.

Paul Haverstick is the last person many of the Revive Energy Mints franchisees heard from before the franchisor – along with their contracted services and source of inventory – vanished without the courtesy of an email or phone call.

It turns out that Paul Haverstick may have ties to an earlier vending scam that sent his previous bosses to prison and ordered to pay nearly $10M in restitution.

Also read:  REVIVE ENERGY MINT Franchise Complaints, REVIVE ENERGY MINTS Vending Franchise: What Happened?

Paul Haverstick: Business Coach of Abandoned Vending Franchisees?

According to the Revive Franchise Disclosure Document (FDD), Paul Haverstick joined Revive Franchising affiliate Sito Marketing LLC as Business Coach & Marketing Manager in October, 2008 where he “coached distributers on Key fundamentals of the business.  Furthermore, Mr. Haverstick helps manages [sic] many marketing incentives to help ensure proper branding of Revive Energy Mints.  Prior to working for Sito Marketing, Mr. Haverstick was a business coach for AVS [American Vending Services] in Centennial, Colorado from January 2008 – October 2008.”

Paul Haverstick was also a manager for Penthouse Movers in Denver, Colorado and Two Men & a Truck in Boulder, Colorado.

Revive Energy Mints franchisees are asking:  Where’s Paul Haverstick?

Steve wrote: “I think Paul Haverstick ran off with our money.”

Steve Gill wrote:  “…Haverstick is more than likely setting on a beach somewhere.”

On Scambook, Jeff wrote:

“I wanted to invest into a franchise and after speaking with a Mike Ramirez and Paul Haverstick with Revive Energy Mint franchise, I decided to get into the franchise opportunity and spent over 16K. After getting the product into a few stores and a couple of vending machines in place I got a lead with a large distributing company to service several contracts. I could not get in touch with anyone from Revive to get orders or ask questions.

“After speaking with Franchise Gator, I find out that Revive Energy Mints went out of business around August 23rd and they apparently took my money and ran. I do not know how many others this has happened to but it is very despicable.

“I did some checking and found that Paul Haverstick who was a marketing person with Revive, lives in Littleton Colorado and after calling his number from the white pages a lady answers and said she is renting the house from him but declined to give any information.”

Jim wrote:  “The last time I talked with Paul was when I placed my first product order on August 16. It arrived on August 23 so I called Paul and from that day forward through emails and phone calls there has been no response.”

Wyatt wrote:  “I emailed Paul [Haverstick] and he contacted me from a different number than usual, he told me there was difficulty through the website and he said he would place the order for me. I have had no contact since after making numerous attempts.”

Paul’s Previous Employer, American Vending Services, Was a Scam.

A search for “Paul Haverstock” uncovered a Ripoff Report complaint for American Vending Services, Haverstock’s previous employer:

July 25, 2008, Taylor wrote:

“Watch out for the Buzz Bites opportunity, American Vending Systems, and Selective Consulting Group.

Initially I thought this was a great concept energy vending, sounds great! Be careful, this is an over hyped over priced scam. I worked with a company called American Vending Systems, AVS and was lied too and cheated. I invested over $15,000 into machines, candies and locations all of which are not what I was promised. The machines are poor quality, jam constantly and are just overall poorly made…”

The rebuttal was made by none other than Paul Haverstick:

My Name is Paul Haverstick and I am the Office Manager for American Vending Systems. Not only am I the Office Manager for American Vending Systems I am the personal coach for all route owners. It is my main priority to provide the highest level of customer service to all of our route owners.

A search for Paul Haverstick’s previous employer, American Vending Services, reveals that it was a scam busted by the FTC.  In March, 2011, AVS principals Gary Luckner was sentenced to 90 months in prison and was ordered to pay $4,524,456 in restitution and Richard Black was sentenced yesterday to 97 months in prison and was ordered to pay $5,066,456 in restitution.

According to the Department of Justice:  “The two men arranged for various telemarketing sales rooms to sell business opportunities for vending machines that dispensed highly caffeinated energy chews and energy shots… Most of the victims never made any money and lost their entire investment. The largest of the telemarketing sales rooms involved – and the one that made the most sales – was American Vending Systems, which was located in Centennial, Colo.”

If you are a victim of Revive Energy Mints franchise, Rylo Products or Sito Marketing, email us at UnhappyFranchisee[at]gmail.com.

OXYMAGIC Carpet Cleaning Franchise Sued for Bullying, Bad Faith Dealings

Oxymagic carpet cleaning franchise company, it seems, is earning a reputation as a corporate bully.  Now they’re getting sued for it.

(UnhappyFranchisee.com)  Oxymagic franchise owners might be fine people who take great pride in serving their customers.  Unfortunately, it seems like the OxyMagic carpet cleaning brand that they rely on is becoming more and more associated with the bullying tactics and vendettas of the OxyMagic franchisor.

As we reported in an earlier post (Has OXYMAGIC CEO David Iseley Gone Off the Deep End?), OxyMagic founder & CEO David Iseley maintains a website dedicated to smearing a young, ex-employee he accuses of becoming a competitor.  David Iseley has started a YouTube channel dedicated solely to videos in which he personally attacks the ex-employee (whose carpet cleaning franchise is thriving and has outpaced  OxyMagic in both awards and unit growth).

Now another company is claiming to be a victim of threats and intimidation by Iseley’s OxyMagic… and they’ve filed a lawsuit to put an end to it.

Virtual Point, Inc. Plaintiff, v. Oxymagic Franchise Development, Defendant

On September 14, 2011, Virtual Point Inc., a California Corporation dba Crosspath filed a complaint in United States District Court, Central District of California, against Oxymagic Franchise Development, an Oklahoma corporation.  The complaint seeks declaratory judgements that establish that (despite what Oxymagic Franchise Development accuses) they did not infringe on Oxymagic Franchise Development’s trademark, they did not engage in unfair Competition, they did not violate the Anticybersquatting Consumer Protection Act, and that they are the rightful owner of the Oxymagic.com domain name.

In addition, the complaint alleges that Oxymagic Franchise Development is guilty of Common Law Unfair Competition and has violated Unfair Competition of California Code section 17200.

Virtual Point Inc. is seeking monetary damages, attorney’s fees & expenses.

Read the full complaint:  Virtual Point, Inc. v. Oxymagic Franchise Development (PDF)

Here’s the gist: it seems that, after eight years, the domain name Oxymagic.com recently became available for registration.  Oxymagic missed its chance to register it, and Virtual Point, Inc. registered the domain name for its own use.  According to the Virtual Point, Inc. suit, Oxymagic then launched a campaign of threats and intimidation to try to coerce Virtual Point into giving them the domain.

According to the complaint, a representative for Oxymagic Franchise Development “sent three separate communications, each accusing the Plaintiff of infringing on the Defendant’s trademark rights.  Within these emails the defendant also demanded transfer of the Domain Names and sought Plaintiff’s legal address for legal service of process.”

“…Defendant’s actions and communications show a clear intent to use any means necessary to obtain the Domain Names…”

“Defendant’s accusations of trademark infringement are objectively specious and baseless, and have been made in a bad faith effort to obtain ownership of the Domain Name.”

“At best, Defendant’s trademark rights are weak and narrowly limited…”

Oxymagic was granted a federal registration by the US Patent & Trademark Office last year for the service mark “Oxymagic” in the area of carpet cleaning.  Virtual Point Inc. maintains that it is not using the name to promote carpet cleaning, so the trademark claim is irrelevant.  Further, the suit points out that there are hundreds or thousands of legitimate websites using “oxy” and “magic” in trademarks, domain names and websites owned by third parties promoting such things as wood floor refinishing, a stain removal pen, a face cream, several different cleaning services and a model of refrigerator.

So while the franchise company might be under the impression it owns the word Oxymagic, “At best, Defendant’s trademark rights are weak and narrowly limited to the field of carpet cleaning” according to the complaint.

ARE YOU FAMILIAR WITH OXYMAGIC FRANCHISE DEVELOPMENT, DAVID ISELEY OR VIRTUAL POINT, INC.?  SHARE A COMMENT BELOW.

Contact the post author or site admin at unhappyfranchisee[at]gmail.com.

 

WENDY’S: Dave’s Hot’N Disappointing Burger

Wendy’s new Dave’s Hot’N Juicy Burger was a disappointment today.  We blame the Wendy’s franchisee.

UnhappyFranchisee.com spends a lot of time and energy defending franchise owners.  Not today.

Today, we ask the question:  Are franchisees often their own worst enemies?

Are there times when the serious and intensive efforts by a franchisor to create systemwide improvements are sabotaged, at the unit level, by the franchise owners who have the most to gain?

What prompted this question was a trip to Wendy’s today to experience the first reinvention of the company’s hamburger in 42 years:  Dave’s Hot’N Juicy hamburger.

Dave’s Hot’N Juicy Hamburger is the result of 2 Years of R&D

Wendy’s new Dave’s Hot’N Juicy hamburgers were the result of a 2 year research initiative called Project Gold Hamburger.

Wendy’s sought not to tweak, but to reinvent its signature burger.  They scrutinized every aspect, traveled the country on a burger-tasting quest, did extensive consumer research to determine the best choices for buns, meat, condiments, onions, lettuce, etc.

Wendy’s produced TV spots featuring the company namesake Wendy, daughter of founder Dave Thomas.  They did a masterful job getting widespread press.  Media outlets from Howard Stern to USA Today were promoting the story of the care and research that went into the burger reinvention.

Everyone seemed to be buzzing about the relaunch of Wendy’s main product.  Everyone except the managers and staff at Wendy’s restaurants, that is.

[Photos, left: top shows Wendy's video of idealized Dave's Hot'N Juicy burger, bottom is what I got.  Top photo credit: Wendy's International]

How to Kill a Promotion, The Franchisee Way

So I went to a local Wendy’s to see if the buzz was justified.  The first franchise location had no posters or sign of Dave’s Hot’N Juicy hamburgers so I kept driving to a 2nd location.

That one had no mention of the new groundbreaking product launch either, but I went in anyway.

The menuboard and point-of-sale materials made no mention of Dave’s Hot’N Juicy , so I thought perhaps they hadn’t converted yet.

The man ahead of me in line was asking the manager (let’s call him Dwayne) about it, but Dwayne knew nothing about the Dave’s Hot’N Juicy launch.  Dwayne didn’t even know the name.  The man had heard about it on Howard Stern and said the buns were toasted, etc.  Dwayne said yeah, they now toast the buns with a new toaster and have different meat, but he knew nothing about the naming or significance of the new product.

The man behind me also had come in because he had read about it in the press.  The order-taker also knew nothing about it, but said they had converted to new 4 oz.patties a month ago, and the 2 oz. patties were supposed to change soon.  When the man told her that they had an article about the new burger in the local paper, she said “Hmmm, I guess I gotta start reading the paper.”

The wait for the burgers seemed interminable, but the manager put the fries and drinks on the tray so they could get cold and watery, respectively, while the workers laughed and swore at each other in the back.  The second man said “Maybe they should find a new term for ‘fast food’.”

I asked Dwayne which franchisee owned this location and he said didn’t know.  “They own like 10 or something,” he said but didn’t know where his own employer was headquartered.  There was no plaque or information anywhere in the store.

My 1/2 lb. Dave’s Hot’N Juicy reinvented burger was wrapped in the same sandwich wrap as usual.  No special packaging, no fanfare, and no resemblance to the promotional photos whatsoever.

It was OK, the meat was more like it used to be at Wendy’s, but it was a gloppy mess with a few strands of red onion and a single flat leaf of lettuce.

Somehow, I think the burgers in the test kitchen (and certainly in the photos) bore little resemblance to this franchisee version of Wendy’s great next hope.

“Franchising Would be Great if it Weren’t for the Franchisees”

I have no doubt that Wendy’s International put forth an honest and erstwhile effort to put out an excellent product and stop the erosion of its market share against those who are kicking its ass (McDonald’s, Five Guys).  If my experience is typical, though, that effort will have been sabotaged at the unit level by lack of execution by Wendy’s franchisees.  In fact, two of the largest Wendy’s franchise groups refused to purchase the required equipment and are being sued by the franchisor.

Franchising works great when franchisors, franchisees and franchise vendors can align their own self interests and work together to beat the competition.  Unfortunately, they so often end up putting more effort into fighting each other than fighting for the customer.

In this case, the franchisees can’t blame the franchisor for that.

WHAT DO YOU THINK?  SHARE A COMMENT BELOW.

Contact the author or site ADMIN at unhappyfranchisee[at]gmail.com.

Geeks on Call franchise, Richard Artese

Geeks on Call President Richard Artese is promoting the newly relaunched franchise as a low-cost, high-potential opportunity.

The new Geeks on Call franchise, according to Rich Artese, does not require technical expertise,  just a love for sales, “helping others,” a $20,000 franchise fee and a flat monthly fee of $500.

In exchange, according to Artese, Geeks on Call franchise owners receive use of the “trusted brand,” as well as “back-end support including national brand marketing, sales advisors, a national call center, access to a national network of technical experts and partnerships with several telecom and IT Service products.”

A number of former Geeks on Call franchise owners have expressed concern, dismay and warnings about the rebirth of the Geeks on Call franchise program, which ceased selling franchises a few years ago amidst financial turmoil, lawsuits and controversy.  Many of the former franchisees expressed concern about the leadership and ethics of Richard Artese, the controversial president of the Geeks on Call.

On 9/17/2011, commenter Luis wrote:

As long as Richard Artese is part of this organization, I would highly recommend not becoming involved with this venture.

The original concept was a sound business model until Richard Artese and Richard Cole took the company down a very unethical path. That is one of the reasons so many of the executives who started and grew this company into a leading franchise brand left the company.

The company has fallen far from those days with Artese running the show.

By 2005 over 350 franchise locations were granted or operating but today that number is well under 100.

There have been many failures and many people have lost money betting on the current management team.

My advice – While the new model and low monthly franchise fees may be attractive, do not do business with Geeks On Call while Richard Artese is still involved due to ethical reasons.

Are you familiar with Geeks on Call, or the leadership of Richard Artese?  Are the warnings justified, or is the new Geeks on Call franchise a great low-investment opportunity in the dynamic service sector?  Please share a comment below.

Read past posts and discussions on Geeks on Call here:

GEEKS ON CALL Franchise: They’re Ba-a-ck!  September 15, 2011

GEEKS ON CALL Notice of Default & Foreclosure November 5, 2009

GEEKS ON CALL: Latest Franchise Rumors, Allegations October 14, 2009

Geeks On Call Franchisees Allege Their Franchisor is Breaking Law December 26, 2008

Geeks on Call Franchisees Sue Struggling Franchisor December 20, 2008

Email the author or site admin at UnhappyFranchisee[at]gmail.com.  Commenter’s opinions are their own and are neither endorsed nor necessarily shared by UnhappyFranchisee.com.

GEEKS ON CALL Franchise: They’re Ba-a-ck!

(UnhappyFranchisee.com) The Geeks on Call franchise opportunity is not only back, according to the company, it’s stronger than ever.

Really?  It’s stronger than in 2007 when Geeks on Call still had 300 operational franchisees from coast to coast?

It’s stronger now, after the implosion of the company & the tarnishing of the brand via financial turmoil and franchisee lawsuits?

The new Geeks on Call franchise sales team must be hoping the franchise and business communities have short memories, and neither use Google searches nor read old blog posts such as these:

GEEKS ON CALL Notice of Default & Foreclosure  November 5, 2009

GEEKS ON CALL: Latest Franchise Rumors, Allegations  October 14, 2009

Geeks On Call Franchisees Allege Their Franchisor is Breaking Law  December 26, 2008

Geeks on Call Franchisees Sue Struggling Franchisor  December 20, 2008

Are you familiar with Geeks on Call, Rich Artese, Glenn Davis and/or On Call Holdings International?  What do you think of the new franchise opportunity? Will Geeks on Call get a second chance to get it right?  Share a comment below.

Here’s the press release from the company:

“Geeks on Call is Back, Stronger Than Ever and Offering New Franchise Opportunities

“PRWeb – 9/7/2011

“Geeks on Call, the Virginia based IT service provider to small and mid-sized businesses and residential customers, is once again making franchise opportunities available to entrepreneurs hoping to tap into the nation’s growing need for affordable technical expertise and access to more affordable phone and Internet services.

“We took two years to build a new model, and we believe the result is an opportunity that is unique to our industry and attractive to entrepreneurs, says Rich Artese, President of Geeks on Call.  Artese says millions of business owners and residential consumers need a dependable trusted advisor to provide support and advice for all of their technology needs.

“Being part of the On Call Holdings International family of companies, Geeks On Call is able to arrange cost-effective telecom and Internet services from a broad array of reputable companies,, says Glenn Davis, CEO of On Call Holdings International. That’s good for small business owners because they are able to work with one knowledgeable technical team for all their IT and communications needs. And its great for the Geeks on Call franchisee because he can count on a residual monthly income stream, which enhances the long term value of his company.

“In addition to the trusted Geeks on Call brand, the company supplies its franchisees with back-end support including national brand marketing, sales advisors, a national call center, access to a national network of technical experts and partnerships with several telecom and IT Service products. These relationships, training and on-going support offers entrepreneurs with little or no technical experience the opportunity to build a business in the ever expanding world of IT services.

“The cost to acquire a new Geeks On Call franchise is just $20,000 for a single territory. There is no royalty fee based on revenue. Rather, Geeks on Call charges a flat monthly membership fee of $500.

“You do not have to be a technology expert to be successful with the new Geeks on Call, says Artese. You just have to love sales and helping others by creating solutions that make technology work for them. The relationships we have with technology experts and major telecom companies throughout the United States make Geeks On Call a truly unique opportunity. These relationships enable our franchise owners to provide support and service that is a cut above other IT service companies thereby enhancing the client relationship and franchisee profit potential.

“At its height in 2007, Geeks on Call had more than 300 franchisees across the country and was routinely ranked among the top franchise business opportunities in America. The company, under new ownership, has reformulated the franchise offering and is excited about bringing its well established brand back to the market.”

HELP US WITH AN UPCOMING POST: WHAT QUESTIONS OR CONCERNS DO YOU HAVE ABOUT THE NEW GEEKS ON CALL FRANCHISE OPPORTUNITY?

Email the author or site admin at UnhappyFranchisee[at]gmail.com.

 

REVIVE ENERGY MINTS Vending Franchise: What Happened?

What happened to the REVIVE ENERGY MINTS vending franchise?

(UnhappyFranchisee.com) Revive Franchising LLC was still issuing press releases and newsletters up until July, 2011 and publishing blog posts as recently as August 18, 2011.

Now the corporate phone number plays an ominous recording (The number you have reached is not in service.  Please check the number and try again.)

On an UnhappyFranchisee.com post (See REVIVE ENERGY MINT Franchise Complaints), recently signed Revive Energy Mint franchise owners report that they can’t get in touch with their franchise support representatives.  On September 8th, 2011, Michele Rodda wrote:

I purchased a revive franchise in June and now I cannot get ahold of anyone there. My personal coach they promised me has dropped out of sight and will not answer my emails or return my calls. I do not know what to make of it. I am at a loss beause I was promised help but none seems to be available.

On September 12th, 2011, Danny wrote:

I Bought a franchise about 3 months ago and everyone was great then all of a sudden they disappeared off the face of the earth! Did not notify anyone just went out of business. Call your credit card co. if that’s how you paid and they will charge them back. Good luck. Do not know why they closed down because the product is good.

New Management Team… Missing in Action?

According to the current Franchise Disclosure Document (FDD) for Revive Franchising LLC, a number of management changes took place within the past 6-8
months.

Chris Robertson, the former COO of the defunct Kacey Fine Furniture, was named Chief Executive Officer and Chief Operating Officer of Revive Franchising LLC in January, 2011.

The same month, Mike Kelty was named Chief Marketing Officer & Chief Strategy Officer.  Prior to that he was a VP of Sales for Summit Brick & Tile.

William Wotochek was promoted to President of Revive Franchising LLC last December.

Paul Haverstick served as Business Coach and Marketing Manager of Revive Franchising LLC.

The current FDD makes no mention of previous management team members Logan Chierotti, Founder & Member, Chief Marketing Officer;  Ryan Russo, Founder & Member, Chief Creative Officer; Ken Wilczek, President & CEO; Mike Molinaro, Executive Coach; or Manager of Development Joe Chierotti.

DO YOU HAVE CONTACT INFORMATION FOR REVIVE ENERGY MINTS, SITO MARKETING, LLC OR RYLO PRODUCTS, LLC?

DO YOU KNOW THE CURRENT STATUS OF THE FRANCHISE COMPANY? OR WHETHER FRANCHISEES WILL RECEIVE SUPPORT?

Please share a comment below.

You may contact the author or administrator of this website at unhappyfranchisee[at]gmail.com.