Thursday, May 19, 2011

GlitterSniffer Cosmetics: Paypal and FDA-New Information

There have been a couple of developments over the last few days with regards to GlitterSniffer Cosmetics handling of the recall.

A customer who had previously sent a letter from her attorney to GS (which was ignored) requesting a refund of $1,169.15 for all her products and her intent to pursue the matter civilly if it was not remitted in a timely manner contacted Paypal on Monday to inquire about possible recovery of her funds. The customer has several hundred GS pigments and was denied a refund by GS for all of her merchandise. When she inquired about her refund the company denied any of her products were unsafe, despite 92 of them being on the recall list. She then advised the company she would see them in court. The only response she received was a simple "<3".

The injury referenced in the message possibly related to use of GlitterSniffer Cosmetics were corneal abrasions to both eyes, sustained after use of pigments in the Charity Collections. It is unknown which pigments were used specifically, as the customer purchased all three (TWLOHA, GLAAD and ASPCA) and they came in a package together, unlabeled. The customer visited a physician, was unable to wear any eye makeup for a few weeks and continues to this day to have eye sensitivity, despite not having any issues prior to use of GS.

Read from the bottom up

She contacted Paypal at 402-935-2050 and was advised the following:

With the PayPal dispute process, at this point, if PayPal investigates, and if they determine there was fraud, PayPal will start issuing refunds on the claims in the order they were received until the account is out of money. This means, if there is no money in the paypal account, there will be no refunds from PayPal.
The dispute representative did tell me that people could file a small claims court case and have their attorney subpoena PayPal's records regarding a specific seller. If a judge signs off on the subpoena, PayPal would be legally obligated to turn over any and all information regarding a particular seller.
Since I am contemplating a small claims court filing, the information from PayPal would most definitely be of assistance in my case. I am planning to contact my attorney about the subpoena.
According to Paypal if fraud is determined then Paypal would begin paying out claims from money in the GS account until that money is exhausted, though it is currently barred from use by the company itself. This is at odds with the information provided by GS at the time the accounts were frozen, as they clearly stated customers would have to wait 180 days for refunds. Additionally, if a civil case is brought by any individual and a subpoena issued all financial records related to GlitterSniffer Cosmetics would have to be released in pursuit of the matter. Should anyone choose to pursue the matter in this way they would then be privy to any and all financial records Paypal has for both GS accounts. Information such as this could clarify where the money GS earned during its most successful years went, in addition to showing exactly how much was owed in claims and provide further supporting evidence of refunds both issued (currently count: one) and denied by the company.

I posted on May 10, 2011 about a phone call from FDA to a GlitterSniffer Cosmetics customer regarding the recall. The customer was contacted again by FDA on May 18, 2011, this time from the Houston Field Office, Dallas District. The content of the call was the same, and the customer was specifically asked about the recalled pinks. Unlike the last phone call the call was identified by Caller ID as being from FDA. FDA is still apparently pursuing the investigation into the handling of the recall by GlitterSniffer Cosmetics, and the investigation has now spread to a third confirmed Field Office, this time in the South Central portion of the country. The Dallas Field Office is the office I contacted back in January that took one of my original complaints and forwarded it on to the Detroit Office.

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