Rallying Vendors Affected by Digital River Payment Issues for a Class Action Lawsuit

[Simple_Guy]

Update: the few refunds were confirmed by them

[cfbsoftware]

Count me in.

[ptnd691]

Where are we about the class action?
I didn't receive any email to the mailbox I used to register with to kvraudio.com.
Should I (and others) register somewhere?

Yesterday an article got published here
https://www.theregister.com/2024/10/15/ ... _dry_hasnt
with an interesting detail at the end about DR's lawyers position.

[hugoderwolf]

That's defo the wrong and most likely not working way. The Amtsgericht isn't a social media account you can or should harass.

The Amtsgericht Köln is the supervisory body since the company is registered there.
If there's suspected commercial fraud and delay in insolvency the Amtsgericht Köln is the authority in charge.

They're in charge, but they're not a hotline you call and they start doing stuff. If it's about criminal charges (like fraud), go to the police and/or Staatsanwaltschaft (public attorney) to press charges. If it's about civil law (you want your money), you need to jump through some more hoops before having enough ammo for filing a case in court.

The process is to send a "Mahnung" (demand note), then if they don't pay obtain a "Mahnbescheid", which after some time will result in a "Vollstreckungsbescheid" if not disputed (this one's issued by the Amtsgericht). With that, a "Gerichtsvollzieher" will be able to shake down on them and if all that's not successful (or if the Mahnbescheid is disputed) you can start going to court. Get a lawyer to do all that, the opponent will have to pay for that if they lose, and it's a stupid pile of work and outfiguring to do all that yourself (don't ask me how I know).

You call the court hotline if you're sick on court hearing day or that kind of stuff. Or so they tell you that you need to jump through the above mentioned hoops before they will do anything, and that you shouldn't call again unless you got yourself a lawyer.

[Peter999]

Yep, you're probably right. In the meantime I'm pretty sure 'though that all of this was initiated by the US freezing the assets of Digital River after the Kaspersky Antivirus sales ban on July 20th, which perfectly matches the last payment on July 15th. The whole Due Dilligence blurb - even for many-years proven business partners - supposedly too was initiated by the US. You have to prove that you're not a russian spy.

This all matches the fact that the platform itself still works flawlessly. So they can't be out of money when sales still are running. But when your assets are fronzen you nevertheless can't pay out, and even less when the US forbids to pay out.

I might be wrong about all of this, but it perfectly matches.

If everyone leaves the platform now they however indeed will be bankrupt soon. And we'll never get our money back. So they should communicate NOW on what's really going on...

[tom2024]

Refunds are confirmed (by email), but money is not returning to credit cards (yes I did wait for 3 days)

[ptnd691]

They owe my company $90,000 for the July/August payment. I've conducted a thorough search but haven't yet identified a law firm we should all reach out to. Since we're not based in the US, our current law firm isn't a strong enough option. According to this article...
https://www.theregister.com/2024/10/15/ ... _dry_hasnt
DR's lawyers are: https://mintzandgold.com/

[alexcmn1]

I just got email with title "MyCommerce updates now in effect".

"associated with the promise of improved quality of service" - It seems like they are laughing on us...

===================

Dear Valued Customer,

As of October 16, 2024, the updates to the MyCommerce Master Services Agreement (MSA) are now officially in effect. Here's a brief overview of what has changed:

Introduction of the MyCommerce Platform Fee: While this might seem like an additional cost, introducing a MyCommerce Platform Fee can often be associated with the promise of improved quality of service, access to premium features, and prioritized customer support.

skipped tonns of bs.

=====================================

[elassi]

perfectly described facts

Btw, the Amtsgericht in charge of the "Mahnverfahren" here is ... Euskirchen. It sounds funny but it's true.

[BertKoor]

Where are we about the class action?

Afaik it's nowhere. Somebody needs to organise it.
Not me, I don't even produce or sell anything.

[kenpletzer]

I'm in for more than $500,000. Please keep me informed to participate. A friend says Germany doesn't have class actions though ...

[jlaako]

Count me in, they owe me couple of months of sale... (I'm in EU and thus under German office though)

[ptnd691]

Digital River US is the main company. Barry Kazoff is the CEO.
Here are some NY law firm specialized in commercial litigation.

https://www.kramerlevin.com (contacted yesterday 16Oct, no answer yet)
pabruzzese@kramerlevin.com
yalbader@kramerlevin.com
sahmad@kramerlevin.com

Contacting now:
https://www.hsgllp.com/ contacting by https://www.linkedin.com/company/holwel ... dberg-llp/
https://www.pillsburylaw.com/en/service ... -york.html contacting by https://www.pillsburylaw.com/en/contact.html

They speak the same language as DR attorney https://mintzandgold.com/

[hobnob]

Refunds are confirmed (by email), but money is not returning to credit cards (yes I did wait for 3 days)

Any update on this, I don't want to refund large orders then find out they haven't actually refunded the clients card.
Also, how far back did you go? we have some biggies in July. one been the U.S. Sec !

[hobnob]

I'm in for more than $500,000. Please keep me informed to participate. A friend says Germany doesn't have class actions though ...

Ouch! I would contact 'The Register' news site to get more exposure on this, these guys are ripping us off millions.
Search for 'Digital Driver' on above site.