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Mechanic’s Complaint Against the BBB of Metro Atlanta

March 22, 2010 | Posted by admin

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February 12, 2009

Better Business Bureau of Metro Atlanta, Inc.

Attention: Fred T. Elsberry, Jr. – President & CEO
503 Oak Place, Suite 590
College Park, GA 30349

Re: Mechanic’s Complaint Against the BBB of Metro Atlanta

Dear Better Business Bureau:

Mechanic‟s is hereby filing the following complaint against your “Bureau” with your “Bureau”.

In the interest of time and good customer relations, please respond to Mechanic‟s via email at BBBHotline@MechanicsAir.com by February 20, 2009. Your prompt response greatly enhances the chances for a successful resolution.

Failure to respond timely will result in a “non responsive” mark against your Bureau on our new public information and response web site at www.MechanicsResponds.com. The allegations and complaints we are making against your Bureau are as follows:

1. The BBB clearly favors “members” who pay your Bureau fees vs. non-members who do not pay money to the BBB. In a recent online article dated January 29, 2009, The Lariat Online, from Baylor University says what we have been complaining about for years, the “BBB Rankings (are) Unfair”. Please see this link http://www.baylor.edu/lariat/news.php?action=story&story=55842

Editorial: BBB’s ratings unfair Jan. 29, 2009

The Better Business Bureau has recently changed the way in which it rates businesses. Now instead of the usual black and white — “satisfactory” or “unsatisfactory” — ratings, the bureau has adopted a rating system that yields grades from A+ to F. The grading system is based on 16 different factors, including how long a company has been in business, the type of business and the complaint volume, among other factors. The bureau determines the importance of each factor and distributes points accordly. Theses points are added together and calculated in a formula before the bureau bestows a business with a certain grade. Though it may seem that having a wider range in the BBB grade scale would provide a clearer and more accurate assessment of businesses for consumers, this hasn’t been the case. The new way in which the bureau has gone about assigning ratings is unfair to many businesses for several reasons. Instead of judging each business on a level playing field, the system favors paying members over non-members. From the start, non-members are already penalized for their lack of membership to the BBB. Non-members can never achieve an A+ no matter how perfect their business because the highest ratings are reserved only for paying BBB members. The highest score non-members can receive is an “A.” According to Richard Kitterman, executive director of the bureau’s office that serves the Waco area, the bureau justifies its grading discrepancies on a stipulation required as part of the BBB’s membership. Kitterman told the Waco Tribune-Herald that members must agree to a binding arbitration through the bureau in the event that a business is unable to resolve consumer complaints. Once this condition is accepted, members are allotted extra points, giving them a ratings advantage over other businesses. The double standard inflicted upon non-member businesses is hardly fair. For businesses that can’t afford to pay the membership fee, such as small family-owned restaurants or mom and pop stores, money becomes the issue. Based on the size of the company, annual membership fees can range from a minimum of $360 to thousands of dollars. Some businesses aren’t able to afford an A+, even if they deserve it. How the bureau chooses to issue extra points is comparable to a student paying a teacher for higher grades. As this practice would never be tolerated in the academic world, such practice should also be condemned in the business world. Not only is the BBB’s grading scheme designed to favor paying customers, it’s also industry biased. Businesses in certain industries, which include “online casinos, work-at-home companies and sweepstakes,” as reported by the Tribune-Herald, are subjected to point deductions. The reason is these industries have higher customer dissatisfaction rates. It’s obviously unfair to punish every business in an entire industry because of the faults of a few. Preconceived prejudices shouldn’t have a place in the bureau’s new rating system. Instead of judging a business based on the members of its extended family, the bureau needs to judge each business as its own individual. If a work-at-home company complies by the standards of the bureau, then it should receive equal treatment from the rating system. Another way points can be deducted is if the bureau has insufficient background information on a business. Something as small as an un-updated e-mail address can cost businesses points. Before the lack of information is factor into the grade, the bureau should notify the business a give them a chance to respond, to send in updated or missing information. It’s not to say this new rating system isn’t an improvement from the last. It does offer more comprehensive grades. But for all the measures that the bureau has taken to give consumers more information about businesses, it’s actually doing consumers a disservice by allowing double standards and bias to impinge upon it grading practices. For the bureau to be a credible and fair assessor, it must reformulate its system and purge itself of the double standards and favoritism that are present.

How is this fair? – “How the bureau chooses to issue extra points is comparable to a student paying a teacher for higher grades. As this practice would never be tolerated in the academic world, such practice should also be condemned in the business world.”
2. Next, Please see the following link for yet another news story on the BBB – http://www.ecommercetimes.com/story/Does-a-Better-Satisfaction-Ranking-Mean-a-Better-Company-65779.html
Does a Better Satisfaction Ranking Mean a
Better Company?
By Michael Sorkin St. Louis Post-Dispatch 01/10/09 4:00 AM PT
Charter Communications was in the dog house with the Better Business Bureau until the bureau’s most recent customer satisfaction ranking, which gave Charter an “A.” Does that mean Charter saw the error of its ways and started taking care of its customers? Not exactly. Entering European Markets: A Challenging but Real Opportunity Although the U.S. has a large Internet population, 79 percent of all Web users are now outside the U.S. Online retailers have viable options for entering into international expansion mode, particularly with respect to European markets. So many customers were complaining about Charter Communications (Nasdaq: CHTR) two years ago that the Better Business Bureau issued an extraordinary warning under this headline: “Customers doubt Charter’s commitment to service.” This week, the BBB unveiled a new grading system and gave Charter an “A.” But an A for what? Customer satisfaction? Not exactly, although the BBB says that’s part of its scoring. As Charter’s case illustrates, a company can get thousands of complaints from unhappy customers and still get a good grade from the BBB.
Not Only About the Number
That’s because the bureau’s ratings depend heavily on how and how quickly companies respond to the BBB.
On Tuesday, the BBB site began ranking some 66,000 St. Louis area businesses with letter grades ranging from A+ (the best) to F (the worst).

The grading system “represents the BBB’s degree of confidence that the business is operating in a trustworthy manner and will make a good faith effort to resolve consumer concerns.” According to the BBB, 85 percent of the score is based on three factors: The number of complaints, their severity, and whether the company makes a good-faith effort to resolve complaints with the BBB. Secret Formula
The BBB also uses 13 other factors — including how long the business has been operating, whether advertising is truthful, and whether it is BBB-accredited and “committed to BBB standards.” The BBB says its complex formula for combining all 16 factors into a single letter grade is secret. The bureau doesn’t want bloggers or other competitors stealing its formula. As for Charter, the BBB’s latest report says customers still are filing “numerous” complaints about the following: Billing practices. Referring customer bills to collection agencies in error. Customer service. Honoring service appointments.
Those allegations are reflected in the BBB’s statistics, which show 4,129 complaints against Charter during the last 36 months. That’s more than double the number during a comparable period two years ago. Charter says a major reason for the increase is that the St. Louis BBB now gets complaints from Charter customers across the country. Two years ago, the majority of complaints came from local customers.
Charter is the nation’s fourth-largest cable operator, with 5.1 million customers.
Under the Gun
The BBB says executives from Charter’s Town and Country, Mo., headquarters began meeting regularly with the bureau after the BBB’s warning. “We have seen dramatic improvement,” says Michelle Corey, president and CEO of the BBB of Eastern Missouri and Southern Illinois. Today, Charter answers all complaints and has resolved all unresolved complaints, she adds. The BBB’s definition of “resolved” doesn’t mean the customer is satisfied.

For example, the BBB lists 1,269 Charter complaints about billing or collection issues as resolved, although customers didn’t acknowledge any resolution. That could mean those customers felt their problems weren’t resolved — or that they simply didn’t respond when asked. The BBB also questioned Charter’s advertising claim about a range of savings, but says Charter agreed to modify the ad.
At the Bottom
Customer satisfaction surveys in the February issue of Consumer Reports magazine list Charter at or near the bottom of each survey. For bundled Internet, phone and TV service, Charter ranked last — 10th out of 10 providers. For Internet service alone, Charter ranked 23rd out of 25. For phone service, Charter ranked 18th out of 19. For TV service, Charter was 15th of 16 providers. Charter says it is working hard to improve service. It says CR’s surveys are a year old with a limited number of respondents and don’t reflect recent customer service improvements. (CR says it conducted its surveys last spring, with 30,164 to 42,939 respondents per survey.)
Another company with numerous complaints that still got a passing grade is DirecTV (Nasdaq: DTV) of California, the largest U.S. satellite dish provider. DirecTV got more than 24,000 complaints, the BBB says. DirecTV was listed on Thursday as having a C- grade, down from a C the day before, the BBB says. Grades can change at any time. The vast majority of St. Louis area companies got positive grades, Corey said. Of 66,526 companies, nearly seven of every 10 got a B- or better. There were 3,905 with an A+, compared to 2,519 with an F. “We encourage people that aren’t satisfied with a company that has a good grade to contact us,” Corey says. “We’ll be happy to get a resolution to the problem.” © 2009 McClatchy-Tribune Information Services. All rights reserved Why does the BBB have such double standards?
Please see http://atlanta.bbb.org/WWWRoot/SitePage.aspx?site=39&id=d2c61947-98b8-4b9a-a1a5-605493094264. Why does the BBB have “Secret Formulas” yet calls for (to) “be transparent” as one of its own hallmarks of a good company? The BBB sounds like the “Colonel Sanders” of transparency, but your own web site says “BBB’s Proprietary Ratings Formula”. You hammer our firm for so called “ad” issues, but the BBB has their own secrets!

You tell customers the following information about our advertising:
http://atlanta.bbb.org/WWWRoot/Report.aspx?site=39&bbb=0443&firm=18000921 “The BBB questioned this firm’s advertised claims of “Mechanic’s has become the most trusted name in Air Conditioning, Heating, and Home Comfort” and “Superior quality and service has fueled constant growth, making Mechanic’s one of the largest heating, air conditioning, and Home Comfort contractors in the Atlanta Metropolitan Area.” The BBB specifically asked for written documentation to support these advertised claims. Also on this firm’s web site it states “Our technicians stay up to date by completing hours of Mechanic’s training annually.” The BBB asked for information regarding what type of training is given and would this training be deemed accredited. Although the company did respond to our correspondence, they did not address any issue dealing with their advertising.”
Yet the BBB does not hold themselves to the same standards. You ask for “written documentation to support these advertising claims” yet you have repeatedly refused to put on your web site the “written support” via our hundreds of satisfied customers as listed on www.MechanicsAir.com. At this web link: http://www.airconditioningatlanta.com/Mechanics_Customer_Compliments.htm You hammer us for our “training”, yet we have never made any “accredited” training claims. This is what I call the pot calling the kettle black. This is out right “made up” by the BBB. Why this double standard?
Please see http://atlanta.bbb.org/WWWRoot/SitePage.aspx?site=39&id=5205182e-0e97-4f37-b37e-4c11c3e1e98a. The BBB does not even follow its own “BBB Code of Business Practices (BBB Accreditation Standards)”. Your own Code says, “4. Be Transparent Openly identify the nature, location, and ownership of the business, and clearly disclose all policies, guarantees and procedures that bear on a customer’s decision to buy.” Why do you (the BBB) not follow your own policies? Yet the BBB does not mind hammering other companies on this issue:

http://consumerist.com/tag/mygallons/?i=5022061&t=bbb-says-mygallonscom-omitted-fact-in-advertising-has-no-contract-to-process-transactions

“BBB Says MyGallons.com “Omitted Fact” In Advertising, Has No Contract To Process Transactions”
“The Bureau is concerned that the company’s advertising contains a material omission of fact. Specifically, while the website proclaims that any gas station in the US that accepts credit cards will accept the My Gallons Card, however the company has
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informed the Bureau that no contractual agreements to process the card have been made as yet.” Your web site says, “And now that your BBB is using letter-grades, we should warn you: not all businesses in our area passed with flying colors, in fact, some should probably be sent to the principal’s office.” Why do you not disclose to the public that only “paying BBB Members” can get an “A+” rating? I know who needs to go to the “principal’s office”! Should the BBB slogan be “For Starters, we look out for our Paying Members” instead of your current slogan “Start with Trust”?
3. Our so called “BBB Reliability Report”. http://atlanta.bbb.org/WWWRoot/Report.aspx?site=39&bbb=0443&firm=18000921
“In complaints reported to the BBB, consumers allege: poor customer service; misleading sales practices; being charged for services not provided; that the company misdiagnosed the repair needed; and threats of liens, collection or arrest if the consumer stopped payment on a check when the consumer thought the company had made an improper diagnosis. Some consumers stated that the company would only accept cash payments. The company has responded to all complaints presented by the BBB. The company’s responses to complaints often requests consumers to complete a detailed series of questions. Additionally, the company’s responses often provide signed affidavits from their employees, suggesting that the consumers are not factual in their accounting of the situations.”
You now give us an “F”? Is this because we are not members? How much will it cost us to get an “A+”? An “F” despite the fact we have answered all complaints. An “F” despite the fact the BBB has never once showed us anything we have done wrong. An “F” despite our huge list of happy and satisfied customers at http://www.airconditioningatlanta.com/Mechanics_Customer_Compliments.htm? In our “BBB Reliability Report” consumers can “allege” anything. That doesn‟t mean it‟s true! Why did our “BBB Reliability Report” go from a “satisfactory record” in June 2007 to an “unsatisfactory record” (now an “F”) after we refused the BBB‟s offer to join in June 2007?

On June 14, 2007, even though we were not a member of the BBB, our firm had a “satisfactory record” with the BBB. Please see the following links:
Our Pre June 2007 BBB Reliability Report with a “satisfactory record” Page 1
Our Pre June 2007 BBB Reliability Report with a “satisfactory record” Page 2
Our Pre June 2007 BBB Reliability Report with a “satisfactory record” Page 3 Starting June 14, 2007, we were solicited by the BBB to join the BBB for a fee. Because of inaccuracies and omissions in our “satisfactory record,” we put off a decision to join. We did however, on July 6, 2007, notify in writing the BBB about these inaccuracies and omissions. We also requested changes in certain details stated in and omitted from our “satisfactory record.” After not receiving the changes we requested, we declined the BBB‟s offer to join. On July 13, 2007, seven days after we sent the BBB our letter detailing the inaccuracies, we received a letter from the BBB stating: “We have made the factual changes to your report as requested…” It then went on to state that the BBB was “…reviewing the information we provide to be sure it is as factual as it can be for the public to view…” Incredibly, after receiving our letter and after receiving our denial to join the BBB for a fee, the BBB placed derogatory, unfactual, slanderous, libelous and inaccurate information about our company on the BBB‟s website as well switching our rating to an “unsatisfactory record.” (now an “F”) One of the items the BBB took issue with is that we investigate claims through use of documentation. The BBB believes this is improper customer relations. However, the BBB uses this very same method with its own customers to resolve issues and complaints. The BBB even stated this in a letter to our firm dated July 30, 2007. The fact that the BBB thinks investigating and documenting a potential claim is improper for our firm to perform is unacceptable to us. Our report is still wrong for many reasons:
The report states what the consumer alleges yet fails to state what we allege. For example, occasionally, a consumer just does not have the money for air conditioning
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work. However, they are hot and in need of air conditioning. So they call us out but fail to tell us that we will not be paid for our work because they lack the funds. Unknowingly, we do the work they request and they contract for. When it comes time to pay, the customer either refuses to pay or they write us a check that later bounces. In each case, the customer claims they were not happy with the service. Because they will not let us back on to the premises and it appears they are receiving cool, dry air, we have no choice but to file criminal charges and send them to collections. Stores prosecute shop lifters. Gas stations file charges against drive-offs. There is nothing more you can do with a person who steals your services or products for free. The customer‟s best defense is to take the offense and claim poor workmanship. The BBB does not look at the customer‟s bounced check or refusal to pay as imputing criminal intent on the customer. The BBB appears to believe that any customer has the right not to pay for services rendered whenever they feel like it. We request that the BBB at least state under each complaint what we allege the customer did to us to provide a fair and balanced report for a potential consumer to decide.
The report states that our “responses to complaints often request consumers to complete a detailed series of questions.” Apparently, the inclusion of this statement is meant to taint our company by implying we generate paperwork instead of resolutions. This is remarkable considering the BBB itself uses “investigations” to examine the merits of an issue as evident by the BBB‟s letter to us dated July 30, 2007. Unfortunately, the BBB implies that investigating a claim or problem is bad. Instead of stating: “Many companies do not respond to customer complaints or do not make a serious attempt to understand or remedy the problem. This firm does the opposite by spending a lot of time and effort with paperwork documenting the complaint and any resolution the company offers.” The BBB, or someone representing the BBB, has cleverly written our report to spin the facts to a certain conclusion. Simply put, someone came to the conclusion and instructed someone else to write a report based on that conclusion. It is amazing since many other businesses do what we do. Recently, an airline lost one of our employee‟s bags. Instead of handing over the money, the employee had to list what was in the bag. It was a lot of paperwork and I am sure the employee was frustrated. However, the paperwork seemed fair. Eventually, they got their money but the airline made sure they were not being cheated. This is normally conducted by a business to ensure they: (a) understand the problem; (b) understand the cause of the problem; and (c) fix the problem if it is at fault. Another common issue that arises is when a customer calls us to fix their non-working unit. We discover five things wrong with the unit. The customer cannot afford all of the fixes and selects the fix that is the cheapest and will make it work now. Even though we document our recommendations and all of the problems with the unit, the customer still persists. We then fix the one item that makes it work. In one week, the unit fails again. The customer now claims we need to fix the rest of the items for free or replace the unit. This is not new. It happens with car mechanics. If you take your car in for an oil change, and the car has a problem the next day, you assume it was the oil change company‟s fault. Of course the oil change company will investigate the problem rather than simply replace your engine for free. (See www.MechanicsResponds.com for the growing list of bankruptcies of our competitors, some of which were former BBB Members in good standing). Furthermore, we do not send a series of questions to all of our customers. In fact, as of August 6, 2007, our responses contained no
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“series of questions” to the customer. The BBB fails to mention that. When we do not understand the complaint, we send out questions. In addition, we take every complaint seriously. We do not hide our head in the sand like other businesses. Surely, the BBB ranks us high with the extremely thorough investigation we conduct with each complaint? The report states that “responses often provide signed affidavits from their employees, suggesting that the consumers are not factual in their accounting of the situations”. The BBB‟s own website mentions it works closely with law enforcement and governmental agencies. Thus, our firm and others are on notice that this agency is a potential investigatory arm of the government and we should make sure any complaint filed on our firm has all the documentation necessary to show the government that we have investigated this complaint thoroughly. By providing the BBB with all this documentation, we can assure ourselves that the BBB will present our side of the story along with our evidence to the government. It is also very interesting how the BBB has spun this fact. Apparently, it is important for the public to know that our firm sometimes disagrees with the customer. The BBB has chosen not to list the other positive aspects about our company like how many times we correct problems brought to our attention and settle other claims. If we join the BBB and pay the fees associated with this membership, will this change our report? We hope any governmental agency or reporter reviewing this material thoroughly investigates the fees paid to the BBB and how they decide to say what about a particular firm because you can bet we will during the discovery phase of a lawsuit. (As you can see in this Complaint, Businesses across the county are catching on to what the BBB is doing) In our report, the BBB makes statements under the heading “Additional File Information” that is false and misleading. The Bureau is disseminating this false information about private individuals or private employees, which have nothing to do with our firm. What is the purpose of this false information? The BBB is disseminating information on our “BBB Reliability Report” under this heading concerning other firms that we have no relation to whatsoever! The Bureau is misleading the public by implying there is some relationship, libeling us and damaging our company. Hopefully, the BBB used a law firm with malpractice coverage to proof our report and hopefully any lawyer or reporter who repeats these claims has deep pockets. The report fails to add a link to our website. Again, the BBB will add direct web links for “members” who pay, however, will not add a web link for “non-members” who do not pay your membership fees. We thought the purpose of the BBB was to inform the public? The BBB will not put up a link on our “BBB Reliability Report” to our web site http://www.airconditioningatlanta.com/Mechanics_Customer_Compliments.htm in order to give our potential customers a “fair and balanced” look at what our customers have been telling us about our services. Again, if we pay, the BBB will play. The report fails to reflect our now 27,000+ happy customers. The BBB report does not reflect the thousands (yes that right “thousands”) of customers per season we help, via our “Same Day Service” who are desperate to find relief from Atlanta‟s oppressive heat and cold, when no other company has appointments available to come out. The reason we can do this is because we pay people to stand around waiting for calls unlike other services who set appointments in two to three days. It costs more and some clients can wait three days and pay less. That is their choice.
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4. Other issues we have with the BBB:
No one at the BBB seems to be able to make a final decision on the merits of a complaint. The BBB seems unable or unwilling to either point out to us where we have violated the Law or our contract in relation to a matter, or to have the professionalism and the courage to put a complaint to bed once and for all. It seems no one at the BBB reads our responses, but rather just pushes a button on the BBB‟s new computer system. The BBB‟s “customer complaint process” seems to be nothing more than an exercise in endurance for both sides. The BBB allows consumers to abuse the BBB‟s services. The BBB has failed to respond to ANY of our response letters requesting assistance to resolve matters with customers. Our unresolved complaints on the BBB‟s website closely resemble our stopped payments, bounced checks or refusal to pay list.
It is interesting how the BBB has never once pointed out to us where we have done anything wrong or illegal. Furthermore, the BBB chooses NOT to see our many satisfied and happy customers, our “company’s experience in the marketplace in dealing with their customers” (the BBB will not put up a link on our “BBB Reliability Report” to our web site http://www.airconditioningatlanta.com/Mechanics_Customer_Compliments.htm in order to give our potential customers a “fair and balanced” look at what our customers have been telling us about our services), but rather the BBB chooses to stay “blind” and slap our firm with an unfounded “unsatisfactory record” (now and “F”). So, like any good reporter or governmental lawyer, in 2007 we started wondering how accurate the information was on our competitors. With the very first competitor we looked at, in July of 2007, we discovered a local competitor, Hammock‟s Heating and Air not only had a registered sex offender working at their firm but had his HVAC license on probation with the State of Georgia. This was very odd because this firm was not only a paying member to the BBB but was advertising extensively that they were BBB certified. So we sent the BBB a letter in July of 2007 and the BBB stated they would look into it and investigate. (Remember the above how the BBB places negative language on our firm on the BBB’s website about how terrible it is that we investigate claims?)

On December 11, 2007, we sent another letter to the BBB detailing additional issues we had with not only with Hammock‟s but now with another air conditioning contractor, Reliable Heating and Air. See a summary of the letter below: Beginning of Letter “Please recall our letter to you dated July 24, 2007. At that time, we brought to your attention the fact that Hammock‟s, a member of the BBB‟s in good standing, had a sexual offender working for them.
http://services.georgia.gov/gbi/gbisor/SexualOffenderDetails.jsp?action=SexualOffenderDetails&sexualoffenderId=559801LB6 We also pointed out the fact that this company‟s license is on probation.

https://secure.sos.state.ga.us/mylicense%20weblookup/docs/2002_1158_cn208513_002.pdf

https://secure.sos.state.ga.us/mylicense%20weblookup/docs/2002_1158_cn208513_001.pdf End of Letter Even now, Hammock‟s get a “D+”, Mechanic‟s get an “F”, and Hammock‟s still has a sexual offender working for them:

http://atlanta.bbb.org/WWWRoot/Report.aspx?site=39&bbb=0443&firm=4000456

http://services.georgia.gov/gbi/gbisor/SexualOffenderDetails.jsp?action=SexualOffenderDetails&sexualoffenderId=559801LB6 After almost 19 months of BBB “investigations”, the BBB has apparently dealt with Hammocks‟ to a small degree, but has done absolutely NOTHING in relation to Reliable Heating & Air except give them two “A+”s. This despite the fact we sent the BBB extensive public records showing the problems with the “Reliable” companies and Dan Jape and Barbara Jape. The BBB has given the Jape‟s “A+” and “A+”, even with their constant problems and bankruptcies.

http://atlanta.bbb.org/WWWRoot/Report.aspx?site=39&bbb=0443&firm=7268

http://atlanta.bbb.org/WWWRoot/Report.aspx?site=39&bbb=0443&firm=4004103 How much are they paying the BBB to “look the other way”?
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Here is what Dan Jape is advertising about the BBB in his ads:
Public records to not indicate Reliable have been around “since 1978”.

http://corp.sos.state.ga.us/corp/soskb/Corp.asp?1320446

http://www.mechanicsresponds.com/Reliable%20Heating%20&%20Air%20Conditioning%20and%20Dan%20Jape/Reliable%20Heating%20&%20Air_Table_Of_Contents.htm Again, what is going on? Where is the BBB action?
These people are telling everyone that they are “fully accredited by BBB”. Does this type of company live up to your BBB Code of Business Practices (BBB Accreditation Standards) as listed at http://atlanta.bbb.org/WWWRoot/SitePage.aspx?site=39&id=5205182e-0e97-4f37-b37e-4c11c3e1e98a? We have even put these records on “Reliable” and Dan Jape and Barbara Jape online for the BBB and other interested parties to see at:

http://www.mechanicsresponds.com/Reliable%20Heating%20&%20Air%20Conditioning%20and%20Dan%20Jape/Reliable%20Heating%20&%20Air_Main_Page.htm

http://www.mechanicsresponds.com/Reliable%20Heating%20&%20Air%20Conditioning%20and%20Dan%20Jape/Reliable%20Heating%20&%20Air_Table_Of_Contents.htm

http://www.mechanicsresponds.com/Reliable%20Heating%20&%20Air%20Conditioning%20and%20Dan%20Jape/Reliable%20Heating%20&%20Air_Court_Documents.htm It looks like Dan Jape operates “RELIABLE HEATING & AIR, LLC” now.

http://corp.sos.state.ga.us/corp/soskb/Corp.asp?1320446

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What is going on?
As of January 25, 2009, Look How The BBB of Metro Atlanta gives an “A” and “A+” to Dan & Barbara Jape’s “Reliables” even though the BBB knows, or should have known, of their many problems! (Records now upgraded to A+ and A+) Is it because they have paid the BBB a lot of money? Your organization has questioned our complaint handling, including the time period it takes us to conduct an investigation. It appears it takes the BBB at least 18 months to conduct an investigation on Hammock‟s; the same investigation that took us about ten minutes. Of course, during that delay, Hammock‟s was able to tell everyone he was a member in good standing and we assume continued to pay fees to your firm. We have noted his advertisements telling everyone such certification. Please explain why your investigations take so long? Why does the BBB not inform the public about Hammock‟s sex offender? A brief two minute search on the internet turned up some interesting information on the Japes and the “Reliables”. It appears these “A+” and “A+”, “good standing” BBB members are in heavy litigation against each other, and that they are in Federal Bankruptcy Court.
http://www.ganb.uscourts.gov/judges/opn/opn_view.php?Id=928 The first sentence of the judge‟s opinion told us Reliable Air has been in bankruptcy since 2005. Page 8 confirms they filed bankruptcy in 2005. Reading further in the opinion, it goes on to state how they have intentionally confused the public as to which company is which including using a phone number that is one digit off. Yet, despite this, your firm deems it not an issue for the public. We originally told you the following on Reliable and the Japes: “It is interesting to note on your report on these two firms, your firm states it knows about this information and considers it trivial. “In addition, the BBB has a clear understanding of the company’s business, and the business is not in an industry which has raised significant marketplace concerns.” “The BBB understands and has no concerns about the company’s products, services and type of business.”
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So, these two companies are creating warranties, signing contracts for service that may carry them for a year and despite being in bankruptcy and possibly not being able to honor those warranties (as we are sure your lawyers have explained to you about bankruptcy and the fact that contracts may be voided), you deem it not an important matter. Wow! What a great service you provide the public. It appears these two firms, unlike ours, are paying you to be members. What a coincidence!” Now it appears the BBB, just leaves their records “all but blank”, with an “A+” rating each, so you don‟t have to deal with what Al Gore would call “An Inconvenient Truth”, about what‟s going on here.

http://atlanta.bbb.org/WWWRoot/Report.aspx?site=39&bbb=0443&firm=4004103

http://atlanta.bbb.org/WWWRoot/Report.aspx?site=39&bbb=0443&firm=7268 We have a few questions for your firm: Why is “Reliable”(s) a member(s) in good standing with “A+”s each? Why does the BBB have one standard for our firm and another standard for Reliable and Hammock‟s?” It appears that until we pay the BBB money to belong to your firm, we will be discriminated against. On December 13, 2007, frustrated with the clear advantage our bankrupt competitors had on us, we wrote a letter to the President of the Atlanta BBB, Fred Elsberry, detailing some additional issues we had and reasserting some prior issues: Beginning of Letter “…..I want to take this opportunity to further explain how our relationship with the BBB looks from this side of the fence so you can have a clear view of the situation. We look at the BBB as providing two services to the public: Dispute resolution process – this allows for a resolution without litigation; A certification or Seal of Approval that tells the public this is a good company and you can deal with them in confidence. The BBB has checked them out. We want to focus on the second one. It is one thing if you simply stated a company like Reliable or Hammock’s is a member. It is another when you use words like:
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“Find Businesses You Can Trust” “Creating a community of trustworthy businesses” “Celebrating marketplace role models” The public is trusting your judgment based on statements like these. Furthermore, the message you give the public is that we have thoroughly vetted these businesses and not everyone gets in the door. You state: “From BBB inception, businesses that apply to the BBB have undergone a detailed review process and committed to abide by a set of ethical standards for marketplace conduct.” “BBB Accreditation is an honor – and not every company is eligible. Businesses that meet our high standards are invited to join BBB.” Then you go on to state that not only do you have the resources to properly supervise these firms, but that you continue to monitor them: “BBB is the resource to turn to for objective, unbiased information on businesses. Our network of national and local BBB operations allows us to monitor and take action on thousands of businesses issues affecting consumers at any given time.” “Every BBB Accredited Business is monitored for continuing adherence to BBB standards” So when you write us and explain your limited resources, and you display on your website Principals of Trust and Ethics while stating you do have these resources, it seems hollow to us when we are singled out and our competitors have free rein to abuse consumers. The public reads these statements on your website and believes them: “BBB is your key advisor, most reliable evaluator and most objective expert on the topic of trust in the marketplace” The one thing that we desire is a level playing field; no discrimination; no favoritism; no bias. Tell it like it is. Yet you give our competitors a free pass. We have only started looking at two: Hammocks and Reliable. When we pointed out Hammock’s sex offender working for him or his license probation, you were unable to report anything to the public for almost five months. What kind of protection is that for families who have this individual in their homes? Do you know how much cheaper my prices would be if I could hire sex offenders (who find it hard to get a job and accept less) and did not have to pay firms for background checks on my people? End of letter

On December 11, 2007, we sent another letter to the BBB detailing additional issues we had with not only with Hammock‟s but now with another air conditioning contractor, Reliable Heating and Air. See a summary of the letter below: Beginning of Letter “Please recall our letter to you dated July 24, 2007. At that time, we brought to your attention the fact that Hammock‟s, a member of the BBB‟s in good standing, had a sexual offender working for them.
http://services.georgia.gov/gbi/gbisor/SexualOffenderDetails.jsp?action=SexualOffenderDetails&sexualoffenderId=559801LB6 We also pointed out the fact that this company‟s license is on probation.

https://secure.sos.state.ga.us/mylicense%20weblookup/docs/2002_1158_cn208513_002.pdf

https://secure.sos.state.ga.us/mylicense%20weblookup/docs/2002_1158_cn208513_001.pdf End of Letter Even now, Hammock‟s get a “D+”, Mechanic‟s get an “F”, and Hammock‟s still has a sexual offender working for them:

http://atlanta.bbb.org/WWWRoot/Report.aspx?site=39&bbb=0443&firm=4000456

http://services.georgia.gov/gbi/gbisor/SexualOffenderDetails.jsp?action=SexualOffenderDetails&sexualoffenderId=559801LB6 After almost 19 months of BBB “investigations”, the BBB has apparently dealt with Hammocks‟ to a small degree, but has done absolutely NOTHING in relation to Reliable Heating & Air except give them two “A+”s. This despite the fact we sent the BBB extensive public records showing the problems with the “Reliable” companies and Dan Jape and Barbara Jape. The BBB has given the Jape‟s “A+” and “A+”, even with their constant problems and bankruptcies.

http://atlanta.bbb.org/WWWRoot/Report.aspx?site=39&bbb=0443&firm=7268

http://atlanta.bbb.org/WWWRoot/Report.aspx?site=39&bbb=0443&firm=4004103 How much are they paying the BBB to “look the other way”?
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Here is what Dan Jape is advertising about the BBB in his ads:
Public records to not indicate Reliable have been around “since 1978”.

http://corp.sos.state.ga.us/corp/soskb/Corp.asp?1320446

http://www.mechanicsresponds.com/Reliable%20Heating%20&%20Air%20Conditioning%20and%20Dan%20Jape/Reliable%20Heating%20&%20Air_Table_Of_Contents.htm Again, what is going on? Where is the BBB action?
These people are telling everyone that they are “fully accredited by BBB”. Does this type of company live up to your BBB Code of Business Practices (BBB Accreditation Standards) as listed at http://atlanta.bbb.org/WWWRoot/SitePage.aspx?site=39&id=5205182e-0e97-4f37-b37e-4c11c3e1e98a? We have even put these records on “Reliable” and Dan Jape and Barbara Jape online for the BBB and other interested parties to see at:

http://www.mechanicsresponds.com/Reliable%20Heating%20&%20Air%20Conditioning%20and%20Dan%20Jape/Reliable%20Heating%20&%20Air_Main_Page.htm

http://www.mechanicsresponds.com/Reliable%20Heating%20&%20Air%20Conditioning%20and%20Dan%20Jape/Reliable%20Heating%20&%20Air_Table_Of_Contents.htm

http://www.mechanicsresponds.com/Reliable%20Heating%20&%20Air%20Conditioning%20and%20Dan%20Jape/Reliable%20Heating%20&%20Air_Court_Documents.htm It looks like Dan Jape operates “RELIABLE HEATING & AIR, LLC” now.

http://corp.sos.state.ga.us/corp/soskb/Corp.asp?1320446

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What is going on?
As of January 25, 2009, Look How The BBB of Metro Atlanta gives an “A” and “A+” to Dan & Barbara Jape’s “Reliables” even though the BBB knows, or should have known, of their many problems! (Records now upgraded to A+ and A+) Is it because they have paid the BBB a lot of money? Your organization has questioned our complaint handling, including the time period it takes us to conduct an investigation. It appears it takes the BBB at least 18 months to conduct an investigation on Hammock‟s; the same investigation that took us about ten minutes. Of course, during that delay, Hammock‟s was able to tell everyone he was a member in good standing and we assume continued to pay fees to your firm. We have noted his advertisements telling everyone such certification. Please explain why your investigations take so long? Why does the BBB not inform the public about Hammock‟s sex offender? A brief two minute search on the internet turned up some interesting information on the Japes and the “Reliables”. It appears these “A+” and “A+”, “good standing” BBB members are in heavy litigation against each other, and that they are in Federal Bankruptcy Court.
http://www.ganb.uscourts.gov/judges/opn/opn_view.php?Id=928 The first sentence of the judge‟s opinion told us Reliable Air has been in bankruptcy since 2005. Page 8 confirms they filed bankruptcy in 2005. Reading further in the opinion, it goes on to state how they have intentionally confused the public as to which company is which including using a phone number that is one digit off. Yet, despite this, your firm deems it not an issue for the public. We originally told you the following on Reliable and the Japes: “It is interesting to note on your report on these two firms, your firm states it knows about this information and considers it trivial. “In addition, the BBB has a clear understanding of the company’s business, and the business is not in an industry which has raised significant marketplace concerns.” “The BBB understands and has no concerns about the company’s products, services and type of business.”
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So, these two companies are creating warranties, signing contracts for service that may carry them for a year and despite being in bankruptcy and possibly not being able to honor those warranties (as we are sure your lawyers have explained to you about bankruptcy and the fact that contracts may be voided), you deem it not an important matter. Wow! What a great service you provide the public. It appears these two firms, unlike ours, are paying you to be members. What a coincidence!” Now it appears the BBB, just leaves their records “all but blank”, with an “A+” rating each, so you don‟t have to deal with what Al Gore would call “An Inconvenient Truth”, about what‟s going on here.

http://atlanta.bbb.org/WWWRoot/Report.aspx?site=39&bbb=0443&firm=4004103

http://atlanta.bbb.org/WWWRoot/Report.aspx?site=39&bbb=0443&firm=7268 We have a few questions for your firm: Why is “Reliable”(s) a member(s) in good standing with “A+”s each? Why does the BBB have one standard for our firm and another standard for Reliable and Hammock‟s?” It appears that until we pay the BBB money to belong to your firm, we will be discriminated against. On December 13, 2007, frustrated with the clear advantage our bankrupt competitors had on us, we wrote a letter to the President of the Atlanta BBB, Fred Elsberry, detailing some additional issues we had and reasserting some prior issues: Beginning of Letter “…..I want to take this opportunity to further explain how our relationship with the BBB looks from this side of the fence so you can have a clear view of the situation. We look at the BBB as providing two services to the public: Dispute resolution process – this allows for a resolution without litigation; A certification or Seal of Approval that tells the public this is a good company and you can deal with them in confidence. The BBB has checked them out. We want to focus on the second one. It is one thing if you simply stated a company like Reliable or Hammock’s is a member. It is another when you use words like:
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“Find Businesses You Can Trust” “Creating a community of trustworthy businesses” “Celebrating marketplace role models” The public is trusting your judgment based on statements like these. Furthermore, the message you give the public is that we have thoroughly vetted these businesses and not everyone gets in the door. You state: “From BBB inception, businesses that apply to the BBB have undergone a detailed review process and committed to abide by a set of ethical standards for marketplace conduct.” “BBB Accreditation is an honor – and not every company is eligible. Businesses that meet our high standards are invited to join BBB.” Then you go on to state that not only do you have the resources to properly supervise these firms, but that you continue to monitor them: “BBB is the resource to turn to for objective, unbiased information on businesses. Our network of national and local BBB operations allows us to monitor and take action on thousands of businesses issues affecting consumers at any given time.” “Every BBB Accredited Business is monitored for continuing adherence to BBB standards” So when you write us and explain your limited resources, and you display on your website Principals of Trust and Ethics while stating you do have these resources, it seems hollow to us when we are singled out and our competitors have free rein to abuse consumers. The public reads these statements on your website and believes them: “BBB is your key advisor, most reliable evaluator and most objective expert on the topic of trust in the marketplace” The one thing that we desire is a level playing field; no discrimination; no favoritism; no bias. Tell it like it is. Yet you give our competitors a free pass. We have only started looking at two: Hammocks and Reliable. When we pointed out Hammock’s sex offender working for him or his license probation, you were unable to report anything to the public for almost five months. What kind of protection is that for families who have this individual in their homes? Do you know how much cheaper my prices would be if I could hire sex offenders (who find it hard to get a job and accept less) and did not have to pay firms for background checks on my people? End of letter

Let me ask you again – What about Reliable? The judge‟s orders reads like a novel. Are you aware they have stiffed over one million dollars to suppliers? They stiffed Bell South almost $100,000. Do you know how much cheaper my prices could be if I did not have to pay advertising? Did you know Reliable stiffed Mingledorff‟s (an equipment supplier) for almost $556,000? Do you know how much cheaper my prices could be if I did not have to pay my suppliers? You ought to read the drug use, the criminal charges, not paying employees health benefits, the violence. You ought to read this stuff. We sent you copies of everything! It is now online at www.MechanicsResponds.com. Did you know the two folks who run that company filed bankruptcy in „90 and completed it in „93? Did you know they again filed bankruptcy in „94 and completed it in „97? Did you know Reliable filed bankruptcy in 2005? Your website used to say you “are monitoring these folks”. Fred, the BBB used to say things like this on Reliable‟s BBB listing: “…the BBB has a clear understanding of the company’s business….”, “The BBB understands and has no concerns about the company’s products, services and type of business.” What accounts for the change? Why don‟t you tell the public upfront where it says “Start with Trust” that “BBB accreditation does not mean that the business’ products or services have been evaluated or endorsed by the BBB, or that the BBB has made a determination as to the business’ product quality or competency in performing services.”, as buried in your web site?” This is not what Dan Jape is telling folks. In April of 2008, we sent the BBB a packet of information on Reliable Heating and Air Conditioning. This packet included court filed documents such as arrest warrants, sworn statements regarding drug use by one of the owners, bankruptcy filings and creditor motions. We received a response from BBB‟s President Fred Elsberry that seemed to imply the BBB was looking into this however, with the BBB‟s ethics being questioned and evidence provided to support our assertions, one would think the BBB would be all over this like the heat on a Georgia summer night. We again urge the BBB to look into how their service supports businesses in bankruptcy, using sex offenders, working with probated state licenses, run by drug users and violent individuals. The BBB is misleading the public. Please look at this! This wording is morally and may be legally wrong!
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Since our last letter to the BBB, we have continued looking at our competition and seeing just how we “measure up” and is the BBB membership “fair” and a true indication of “a good company”. We have recently come across what we believe was a former BBB member in good standing, Carden Heating & Air Conditioning, Inc. Guess what? They are gone! Bankrupt, with screwed customers. Please see the following link:

http://www.mechanicsresponds.com/Carden%20Heating%20&%20Air%20Conditioning/Carden%20Heating%20&%20Air%20Conditioning,%20Inc.htm

http://atlanta.bbb.org/WWWRoot/Report.aspx?site=39&bbb=0443&firm=5000374

http://www.kudzu.com/merchant/reviews/716543.html

Carden Heating & Air Conditioning, Inc. Yellow Page Ad
Carden Heating & Air Conditioning, Inc. Bankruptcy Documents
We are in the process of checking out more competitors on the BBB website to see what we can find. We will pass all information on to you and everyone else regularly at our new information and public information web site at www.MechanicsResponds.com as information becomes available. But of course, you can do this type of work yourself if you choose.
I beg you to look at what you tell the public and correct these statements to reflect the truth! Please! You are certifying to the public that our competitors are great companies when they are terrible. Consumers use them and not us and you are playing a role in this. We did not like having cameras shoved in our faces on an ongoing basis the last two years, but we are well aware the BBB played a role in these “tabloid journalism” escapades. It is our Company‟s policy not to talk with any news media, especially these tabloid news agencies that apparently your Bureau is in bed with. There is one change – For now on, we will publically defend ourselves against public slander and public “charges” on our public information website at www.MechanicsResponds.com. All issues dealing with our complaints with your Bureau will also be posted there. We are going to offer the BBB a privilege you will not give us – We will post your response, or lack of one, to this complaint on our site as well. Really, it is not beyond comprehension that 60 Minutes or Dateline does a story on this. You can already see all the reporters already catching on. We plan on sending them a copy of this document and a link to our web sites also.
Think about it. It would be the end of your business if word got out that the companies that pay get a free pass and the ones that don‟t, get hammered on your website, reported to government agencies, and turned in to local tabloid reporters. Please live by the ethics and trust you espouse on your website. Fred, please put your dogma where your
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mouth is. Your „Start with Trust” should be fair to all so we, and the public, can “Trust” the BBB. Surely your lawyers would tell you the same thing. When you are not checking out your Members, as you now admit to on your web site, tell the public something like this: This company has pledged to use our dispute resolution process. This company has submitted answers to questions and we have used limited resources to check them out, if any. We do not monitor them after they join until someone brings up an issue. We don’t check public records for bankruptcies, lawsuits, sex offenders and criminal charges. We encourage you to do so. Also you need to say something about volume. If we service 1,500 customers a month and generate two BBB complaints that is far different than servicing 200 customers and generating one complaint. You need to tell the public that you do not inspect volume and that companies with bigger volumes might have more complaints. It is amazing how long it physically takes the BBB to check out these issues on paying members like Reliable and Hammock‟s, yet on us it was instantaneous. This is a serious issue. You may hate us and wake up every day trying to destroy our firm, but at least call our suppliers and find out who we owe! Find out about our Christmas parties for our employees and suppliers. You would be surprised that we do good things in the community but we never advertise these things. Our religion prohibits it. We are not as bad as you think and our competitors are not as good as you report. Please correct these injustices while there is time. As of the date of this letter, nothing has been done to Reliable‟s BBB listing which states they are a good company and has diligently paid their fees to the BBB even though they owe over a million dollars to creditors in Atlanta. This proves our theory that paying the BBB fees gets you a good listing. One day, somebody is going to expose this injustice and fraud.
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5. Our next complaint and issue with the BBB is best described in the following news article:
http://www.courant.com/business/custom/consumer/hc-watchdog-0201,0,2798848.column?track=rss Better Business Bureau Ratings Favor Dues-Paying Firms Watchdog | George Gombossy February 1, 2009 Automatic TLC heating oil and Aiello plumbing are two unrelated Connecticut companies that have a lot in common. Both are under state investigation as the result of scores of customer complaints of improper and unethical behavior. Both have several complaints filed against them with the Better Business Bureau. Both are dues-paying members of the bureau.
And both have A ratings: Aiello, of Windsor Locks, has an A+ rating (the highest possible), and Automatic, of East Hartford, has an A- rating (until Monday it had an A+). I initially thought that these two ratings were flukes. Even though I consider myself a skeptical reporter, it did not cross my mind that their membership and annual fees to the BBB could have had anything to do with their ratings. But as some other consumer columnists also recently discovered, the bureaus’ new rating system, which all of the offices adopted Jan. 6, now shows their bias toward those companies that pay it dues. Those annual fees range from hundreds of dollars to thousands, depending on the size of the company, and are the nonprofit company’s major source of funding. Prior to Jan. 6, other than in test markets, the bureau only gave “satisfactory” or “unsatisfactory” ratings. The ratings for the 4 million companies that the bureau tracks have since been changed to a sliding scale going from F to A+. Under the new system, only the 400,000 dues-paying companies can receive the highest rating of A+; the remaining 3.6 million firms listed in its database can receive no higher than an A, the BBB has acknowledged — but does not state on its websites.
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The BBB websites are also set up so that when one searches for a plumbing company in Hartford, for instance, it defaults to only those that are members. One must change the default to all companies to get a complete listing. A spot check of several heating oil companies and plumbing firms in the Hartford area with fewer complaints against them than Aiello or Automatic TLC, or no complaints, shows that all received lower grades — B- or below. The new rating system applies to all companies, even restaurants. Take Max Downtown in Hartford, for instance, arguably one of the best known and most respected restaurants in central Connecticut. It has not had a single complaint filed against it with the BBB, but because it’s a nonmember, it has a B- rating. The reasons given on the BBB website are: “BBB does not have sufficient information to determine how long this business has been operating.” “BBB does not have sufficient background information on this business.” The bureau does only limited research on companies it lists on its databases, and depends on the firms — members and nonmembers — to provide it with information. Therefore, the companies that supply the bureau with data get better ratings, even if they have more complaints — as long as they make an effort to respond to the complaints — than those companies that don’t bother to send in forms. The ratings are skewed to those companies that either become members or voluntarily provide the bureau with basic company data, even though their complaint history might be worse than a company that doesn’t. BBB officials denied that the new rating system was developed to pressure more companies to become dues-paying members and insisted that it was done to provide an easier way for consumers to make informed decisions. Based on the thousands of complaints I have handled in the past two years — many of which I sent to the bureau — I think the new rating system is a step backward that invites skepticism about the bureau’s motives and grading. The bureau does not have the staff to analyze properly the millions of complaints it receives each year, much less keep track of 4 million companies and give them nuanced ratings. For instance, the bureau in Connecticut has only a handful of staff members to deal with tens of thousands of complaints. Perhaps that is why the bureau is not familiar with Max Downtown and why it rates as top of the line two companies that, in total, have hundreds of complaints against them with state officials. The Connecticut chapter had little defense for its ratings of Aiello and Automatic.
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Watchdog
“Your Connecticut Better Business Bureau is not a government agency and does not report on government actions until a judgment is handed down,” spokesman Howard Schwartz wrote. “A government investigation does not necessarily mean a company is involved in any wrongdoing, only that it is being looked into by the authorities. When an investigation is closed, however, and action is taken and made public, that information may then be entered [by the bureau] into a company’s Better Business Bureau Reliability Report,” he wrote me. Even though I have suggested that the BBB and the consumer protection department meet monthly to discuss issues, the bureau does not use complaints to state officials for its rating system. And as far as not knowing anything about Max Downtown, Schwartz wrote: “With regards to restaurants and other businesses, they may, at any time, by telephone or online, complete a BBB business profile, which provides information to the ratings system, which in turn may increase the company’s grade. Businesses that want to showcase their integrity, business ethics and best marketplace practices may submit such information at any time.” Steve Cox, national BBB vice president for communications, defended the new rating system Wednesday as a change that was four years in the making. Cox said the BBB now uses a 16-factor weighted formula to determine what rating to give a company. He said there is no question that companies that are accredited (dues-paying)receive higher ratings because they have promised to abide by the bureau’s high standards. “We see Better Business Bureau accreditation as a strong factor” in whether a consumer should trust that firm, he said. The new rating system, he said, is intended to make it easier and quicker for a customer “to find a trustworthy business.” This is where the bureau and I disagree. I think a rating system that is designed to discourage consumers from reading a complete report on a company and focuses instead on a grade is a step in the wrong direction, especially when the grade may or may not accurately reflect how much a consumer can depend on fair treatment. For more information about the complaints against Automatic and Aiello, as well as the bureau’s rating system, please go to my blog at www.courant.com/ctwatchdog.
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Why is this the case with the BBB? Why is the public not informed of these issues?
6. Our next complaint and issues with the BBB can best be found here:
http://www.wacotrib.com/news/content/news/stories/2009/01/23/01232009wacBetterBizBureau.html Better Business Bureau rating system questioned Friday, January 23, 2009 By Cindy V. Culp Tribune-Herald staff writer The Better Business Bureau has launched a new rating system that it says gives consumers better information about companies they are considering patronizing. But local business owners and other critics say the new system may leave shoppers with the wrong impression. One point of irritation is that companies can‟t get the best rating unless they pay to belong to the bureau. Worse, though, is that some of the criteria the bureau is using to grade companies is irrelevant or unfair, critics say. For example, businesses can lose points if the bureau doesn‟t have a current e-mail address for them on file. Quick facts • Businesses do not have to be a member of the bureau for it to issue a report on them. However, being a member is the only sure way to get a rating. For non-members, a report is not issued unless the number of inquiries about them reaches a certain threshold, a complaint is made or the government takes action against it. That’s why the reports on some businesses simply say “no rating.” • When a business joins the bureau, or a report is triggered in another way, information is collected via a written questionnaire. The bureau verifies facts, such as checking to see whether a plumber is licensed. • Locally, the annual cost of joining the bureau ranges from a minimum of $360 to thousands of dollars, based on the size of the business. • The bureau no longer has a physical office in Waco. The nearest one is in Bell County.
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• Some 576 businesses in McLennan County are bureau members. • In 2008, more than 904,000 inquiries to the bureau were generated from a 12-county area that includes Waco. Most of those inquiries were from McLennan County. Those inquiries were primarily for reports about businesses. • Some 673 complaints against businesses were generated from the same geographic area last year. Two of those complaints resulted in companies losing their bureau membership. Source: The Better Business Bureau
Bruce Mohan, owner of Central Texas Lawn Sprinkler, talks about his experience with the Better Business Bureau while his crews work on repairing a sprinkler system at Baylor University Wednesday. Mohan thinks the bureau’s new rating system for businesses is flawed. (Duane A. Laverty photo) “It‟s the most ridiculous thing,” said Richard Berman, president of a Washington, D.C.-based public affairs and communications firm. “It‟s the sort of thing I expect to see from anti-business organizations, not these people (at the bureau).” Bruce Mohan of Central Texas Lawn Sprinkler said he wasn‟t aware of the new rating system until contacted by the Tribune-Herald. When he learned his business scored an A-, he wasn‟t happy. When Mohan heard that the only reasons his company didn‟t get an A+ was because it is not a bureau member and because the bureau supposedly does not have enough background information on the 31-year-old business, he said it confirmed doubts he has had about the bureau for decades. Any system that gives less than stellar marks to a company that has never had a complaint lodged against it and is operating legally has problems, he said.
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“We‟re not one of those businesses that does just enough,” Mohan said of his irrigation company. “We do more than what would be called upon us to do. . . . If we‟ve got an A- in this industry and there are two positions above that, they‟re just wrong.” The system, which was launched this month, takes into account 16 different factors ranging from how long a company has been in business to how many complaints have been made against it. Companies are given a rating of A+ to F. A new system was needed because the bureau‟s old practice of simply deeming a business “satisfactory” or “unsatisfactory” did not give consumers enough information, said Richard Kitterman, executive director of the bureau‟s office that serves the Waco area. “The old rating system didn‟t really allow us to . . . give credit where credit was due and ding them when it was due,” Kitterman said. That might be, said Berman, whose clients are mostly in the food and beverage industry. But the new rating system swings too far in the opposite direction, he said. For one thing, it‟s far too subjective, Berman said. Berman pointed to six Taco Bell restaurants in southern California. None had any complaints, yet their ratings varied, he said. “These are cookie-cutter businesses,” he said. Worse, Berman said, the new system penalizes businesses in certain industries. Those include online casinos, work-at-home companies and sweepstakes. Level of dissatisfaction But businesses also have points deducted if they are in an industry the bureau thinks is likely to generate a high level of customer dissatisfaction. Those include debt negotiation companies, advance-fee modeling agencies and payday loan companies. “They‟re supposed to be judging businesses on whether they do what they say they‟re going to do,” Berman said. “If they‟re legal, licensed to operate . . . I don‟t think the Better Business Bureau should be in the position of saying they look funny from the get-go.” Berman‟s other major concern about the system is that only paying members can get the highest score. The best non-members can do is an “A.”
His research revealed that companies with complaints against them fared better in the ratings if they belonged to the bureau, Berman said. In some cases, it appears a single complaint against a nonmember is what caused it to score a “B” or even a “C,” he said.
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Kitterman, from the bureau, disputed some of Berman‟s claims. Although it‟s true that only member businesses can attain the highest rating, it‟s not a pay-for-play system, he said. Such companies get extra points because a condition of membership is that they must agree to binding arbitration through the bureau if consumer complaints cannot be otherwise resolved, Kitterman said. “Other businesses who may be equal in all other aspects haven‟t taken that step, which we feel is important to consumers,” he said. However, companies do not get protection from complaints because they are members, Kitterman said. In some cases it may appear that way looking at the sheer number of complaints alone. But the bureau takes into account the size of the business and whether it tries to resolve complaints. Because of that, a large business with multiple complaints that were resolved could fare better than a small one with just one unanswered complaint, he said. As for points being deducted due to a company‟s industry, Kitterman said that is a fair criterion since such businesses tend to shaft consumers. Grading discrepancies An examination of reports on local businesses revealed some of the controversial issues. The McDonald‟s on Hewitt Drive, for example, has an “F” rating. According to the bureau‟s report, that is because it does not have sufficient background information on the restaurant and because it did not respond to a complaint. It was the only complaint reported to the bureau in the three-year period used in the ratings. On the flip side, Waco Dodge Sales, a bureau member, has an A+ rating despite having seven complaints against it in the same time period. Six of those complaints were resolved by the company and one was “administratively closed.” That means the bureau felt the company tried to rectify the situation but was met by unreasonable demands from the consumer. Insufficient information A finding of insufficient background information caused many local businesses to lose points. In many cases, it is the only negative factor mentioned in a report. Even quite a few member companies lost points because of it.
The label means the bureau‟s file on a business is incomplete, Kitterman said. Sometimes it‟s because a business withholds data, such as its sales volume. But often
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it‟s something as simple as the bureau not having a company‟s current fax number or e-mail address, he said. Businesses can usually get the deduction removed by providing the bureau with the missing information, Kitterman said. But it is up to companies to initiate contact. The bureau doesn‟t have enough staff to chase down that data, he said. Aris Galanis, owner of the 1424 restaurant in Waco, said it‟s ludicrous that a business can lose points just because the bureau does not have updated files. Until he was contacted by the Tribune-Herald, Galanis was unaware of the fact that his business has a “B” rating. The report says it‟s due to a lack of background information and a lack of information about how long the business has been open. The restaurant has no complaints against it. Larry Pirkle, owner of Texas Star Auto Repair, is also irritated that his business was penalized for what he considers a non-legitimate reason. In his case, the “A-” rating is due to the fact that the business has only been open since June 2007. Since the bureau will let a business join after a year in operation, it shouldn‟t deduct points for that, he said. Pirkle, a bureau member, said he worries that he could lose out on customers if people don‟t read down far enough in the report to see why the company didn‟t get the best rating. At the same time, he said he doesn‟t think the bureau‟s score will make or break a business. “Probably a lot of young people don‟t even look at it anymore,” he said. Some companies in town, however, are generally happy with the new system. Carla Hines is chief financial officer for Freddie Kish‟s Complete Car Care Center, which has an “A+” rating. While she doesn‟t think it‟s right that companies can lose points for something like a clerical omission, she likes the fact that the new system takes into account multiple factors. “Satisfactory or unsatisfactory doesn‟t really tell anyone anything,” Hines said. “Satisfactory could mean that you‟ve just been open for three months so nobody has complained against you yet.” cculp@wacotrib.com 757-5744 What is the BBB‟s response to the assertions in this news article?
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7. Our next complaint and issues with the BBB can best be found here:
http://www.wacotrib.com/opin/content/news/opinion/stories/2009/01/24/01242009waceditorial.html EDITORIAL: BBB’s new rating system strikes us as rank behavior Saturday, January 24, 2009 Struggling businesses in grim economic times are well justified in questioning the Better Business Bureau‟s new system of ranking businesses, especially considering the dubious, even self-serving criteria being used. As Trib staffer Cindy V. Culp revealed in her Page One story yesterday, some business owners — including here in Waco — are rankled by the BBB‟s new standards for rating businesses, including rankings partially determined by whether a business is a dues-paying member of — guess who? — The BBB. Add further complaints about businesses reportedly harassed by the BBB to become members so they can avoid possible ranking consequences, and you have a once-worthy organization teetering on the edge of irrelevance and irresponsibility. That‟s not how businesses should operate and it‟s certainly not how the BBB should operate. We expect better. BBB officials launched their new system this month, using criteria ranging from how long an individual business has been around to whether it has an e-mail address. That means a mom-and-pop business that lacks an e-mail address and isn‟t a chamber member could consequently be scored low. Culp‟s investigation revealed one local business graded “F” because the BBB lacked sufficient background on the business and the business didn‟t respond to a complaint — the only complaint leveled at it during a three-year period. Business owners we know will tell you that a business that draws only one formal complaint in three years must be doing something right. BBB officials — who don‟t even have an office in Waco anymore — say they haven‟t got enough staff to compile background information themselves. Fine. Then why is the BBB rating establishments when it acknowledges ignorance of those very establishments? Seems like someone should rank the BBB.
Allow us. The BBB‟s current system rates an “F.” The organization must shape up if it‟s going to scrutinize our business community or leave the business to someone else.
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Does the BBB “harassed by the BBB to become members so they can avoid possible ranking consequences”? Is this what happened to our firm in June 2007 with your BBB?
8. Next issue and complaints with the BBB:
http://blogs.courant.com/george_gombossy/2009/01/better-business-bureau-heading.html Better Business Bureau: heading downhill as a consumer tool By George Gombossy on January 25, 2009 11:32 AM | Since starting the Watchdog column two years ago I have been touting the Better Business Bureau as an excellent tool (a tool, NOT THE ONLY TOOL) for consumer. But unfortunately the more I study how the bureau handles complaints the less faith I have in the organization. The latest nail in the coffin comes from the consumer columnist for our sister paper – Los Angeles Times – which makes a compelling case that the bureau is giving easier grades to members who pay yearly fees than to non-members (the total column is at the end of my blog). My first serious doubts began developing last year when the Connecticut BBB put out a press release slamming a sport ticket agency operating in Connecticut. When the company complained, the BBB quickly threw up the white flag, took the press release off its web site, but said it stood by what it said in the release. I told BBB officials to stop sending me press releases that they refuse to fully back. Their response was to threaten to stop sending me all releases. Fine by me, I told them. Then I started to notice that companies could outsmart the BBB by responding in any fashion to a consumer complaint. The BBB would then report that the company responded, but the customer refused to accept the offer – even if the offer simply said the company would talk to the customer, sort of putting the blame on the consumer for the unsatisfactory outcome. I will still tell people to report issues to the BBB, but until the bureau has an independent investigation of how it responds to complaints and how it rates companies, consumers should be real leery. Better Business Bureau grades companies on a peculiar curve paying the BBB to be listed as an accredited business appears to have instant benefits in the agency’s ratings. By David Lazarus Los Angeles Times
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January 21, 2009 If you check out Wolfgang Puck’s Spago restaurant on the Better Business Bureau’s website, you’ll discover that, under the organization’s new rating system, the world-famous Beverly Hills eatery merits a grade of B-minus. Why? That’s hard to say. The online report says the bureau has received no complaints about Spago from customers and is unaware of any government actions against the restaurant. Now check out the considerably less prominent Cafe Santorini in Pasadena. It too has prompted no complaints to the bureau and has no government actions outstanding. It gets a grade of A-plus. One big difference: Cafe Santorini pays the bureau about $350 a year to be listed as an accredited business. Spago makes no such payments and is thus an unaccredited business. The private, nonprofit Better Business Bureau insists there’s no “pay-for-play” component to its new rating system. But a random search of the organization’s database of about 4 million North American companies seems to show that the roughly 400,000 accredited businesses, even those that get numerous complaints, very often receive higher grades than unaccredited companies with spotless complaint records. “There is no guarantee that an accredited business will get an A-plus,” said Steve Cox, a spokesman for the Better Business Bureau. “But should they get an A-plus? The answer is yes if they uphold the standards we espouse in the marketplace.” Then why do so many unaccredited businesses get significantly lower grades? “I can’t explain that,” Cox replied. “Clearly we need to do a better job in articulating what the differences are.” The bureau announced this month that it would change its ratings to a letter grade system from the previous “satisfactory or unsatisfactory” system. “We wanted to get rid of any ambiguity,” Cox said. “A letter grade speaks to our degree of confidence that a business operates in a trustworthy manner. We’re talking about business integrity.” If that’s the case, the Better Business Bureau may want to get its own house in order first. The majority of the bureau’s funds come from selling accreditation to companies. Depending on the size of the business, accreditation costs between several hundred and several thousand dollars a year, Cox said. Accredited businesses are expected to uphold the bureau’s standards for good conduct. In return, the companies can use the bureau’s logo in their advertising and marketing materials. Panos Haitayan, co-owner of Cafe Santorini, said his restaurant’s A-plus rating reflects its high-quality food and service. “We earned it,” he said. Does he think Cafe Santorini would be rated A-plus even if it were unaccredited? “I would say so,” Haitayan said.
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Nope. Cox said the highest grade an unaccredited business can get is an A. Only an accredited company — in other words, one that pays an annual fee — can receive an A-plus. This isn’t spelled out anywhere on the bureau’s website. The site of its Los Angeles office says only that “the highest rating assigned to a company is A-plus; the lowest is F. Between those two ratings are nine others in order from higher to lower.” A B-minus, according to the site, “may relate to length of time in business, a past problem that’s been corrected, or something else that does not cause problems for consumers.” In Spago’s case, length of time in business wouldn’t seem to be a factor. The original restaurant above the Sunset Strip opened in 1982. (Cafe Santorini opened in 1993.) If there were any past problems or other issues associated with Spago, the bureau doesn’t name them. Puck couldn’t be reached for comment — he’s in the process of opening yet another restaurant. But a spokeswoman said the B-minus grade was a surprise and that the company would be taking up the matter with the Better Business Bureau. Some companies get lower grades just for being in a certain industry. Businesses deemed to be rife with scammers — overseas lotteries, for instance, or online casinos — automatically get lower grades. The same applies for companies in what the bureau calls industries with “inherent problems,” such as payday lenders or credit-repair services. A variety of criteria are applied to the grading of a business, Cox said, including an analysis of its advertising and the amount of background information available. He was unable to say how these criteria might be weighted in the case of companies that receive no complaints from customers. Aside from paying annual fees, accredited companies are required to fill out a questionnaire detailing their business practices. Cox said the bureau might approve accreditation without actually visiting a company or experiencing its service firsthand. “A visit to the organization could happen,” he said. “But it could be a telephonic process.” An accredited business automatically receives a half-grade boost to its rating. A B-minus business, in other words, will become a B. But in my unscientific searches of companies in a variety of service-oriented industries, I found that accredited companies almost always got A-pluses. Those that didn’t often received an A or A-minus. Their unaccredited kin, meanwhile, often made do with a B or B-minus. A search for accredited travel agencies in L.A. produces 15 listings. All but two are A-plus operations. One of the laggards, Southfares.com, received an A-minus after getting a single complaint from a customer, which the bureau’s site says the company resolved satisfactorily. The other outlier, Lion of Judah Travel, received an A-minus after it “responded to and gave proper consideration to most complaints.” However, the bureau notes that “some complaints are unresolved, meaning the company failed to properly address the complaint allegations or their response was inadequate.”
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Compare that with another Los Angeles agency, All American Travel, which didn’t pay for accreditation. It earned a B-minus despite never having received a single complaint. Which would you rather do business with? Why does the BBB engage in these types of Business Practices? Is the above news article true?
9. Our next issues and complaints with the BBB:

http://www.10tv.com/live/content/consumer10/stories/2009/01/23/bbb.html?sid=102

Businesses Give New Rating System An “F”
Friday, January 23, 2009 5:04 AM
COLUMBUS, Ohio — The organization that rates businesses is getting a failing grade from some of them. The Better Business Bureau’s new evaluation system is angering business owners who say they can get low ratings even though they have few customer complaints, 10TV’s Kurt Ludlow reported. The Bureau used to rate companies as “satisfactory” or “unsatisfactory.” Now companies receive letter grades ranging from A to F. The grades are posted on the Bureau’s Web site. Greg Barnhart, the owner of a home-improvement company, is upset that he received a C-minus rating even though he said he has never had a customer complaint in the three years he’s operated his business. “I think it’s misleading,” Barnhart said. Under the new rating system, the Bureau puts 16 criteria into a formula, such as volume of complaints and company response to complaints. One of those criteria is length of time in business. Because Barnhart’s business has been operating for only three years, his grade is lower than for a company that has been in business longer. The Bureau’s Kip Morse makes no apology for the new grading system. “The grades spell out very specifically what it is that’s driving that grade down so a consumer can see that,” Morse said. Barnhart worries that consumers will focus only on the grade itself and will not pay attention to the factors determining the grade.
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“If I’m a consumer and I see a C-minus for a company, I’m instantly going to think that something’s wrong,” Morse said. The Bureau rates more than 4,600 businesses in central Ohio with the new grading system. Watch 10TV News and refresh 10TV.com for additional information. Related Link:
Better Business Bureau Why does the BBB engage in this type of Business Practices? Is the above news article true?
10. Our next issues and complaints against the BBB:

http://www.chron.com/disp/story.mpl/headline/metro/6227825.html

DAVID ELLISON’S CONSUMER WATCH
Questions greet BBB’s new system
By DAVID ELLISON Copyright 2009 Houston Chronicle
Jan. 23, 2009, 10:10PM
The Better Business Bureau‟s nationwide move earlier this month to a letter-grading system for businesses doesn‟t appear to be making the mark in some cities. So much so that the local BBB has asked for and received an extension on implementing the new system until Feb. 1. “We think it has tremendous inequities,” said Dan Parsons, president of the BBB of Greater Houston and South Texas. In short, the national group that thousands of consumers rely on to resolve complaints against businesses and to help determine whether firms are reputable is scrapping its “satisfactory” and “unsatisfactory” ratings. Instead, businesses will be awarded letter grades from A-plus to F. The new system assesses points based on 16 factors, such as the type of business and its business model, how long a business has been in operation, government actions against a firm, paid BBB membership and complaints filed. Charges of ‘pay to play’
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Five cities — including Los Angeles, Santa Barbara, Calif., Albuquerque, N.M., Asheville, N.C., and West Palm Beach, Fla. — tested a similar system that the nonprofit BBB is using as a model. According to news accounts, the test projects received some complaints, including one that some Los Angeles restaurants that pay BBB membership dues got higher grades than those with similar ratings but are not members. Rick Berman, president of Berman and Co., a Washington, D.C.-based public relations firm that represents restaurants nationwide, refers to it as a “pay-to-play system.” He has mounted a nationwide media blitz against the system. “I really do believe this is all about money,” said Berman, who prefers the BBB return to the old system. Parsons disagrees with Berman‟s article circulating on the Internet, saying that he‟s basing his comments on the test system in the five cities instead of the program adopted for the rest of the nation. And he noted that a business‟s membership in the BBB accounts for only 4 points out of a possible 100 under the new rating system. But Parsons said he doesn‟t disagree with Berman‟s premise that the new system has some issues. He said his bureau has been working to figure out how to apply the system fairly so it won‟t offend members and at the same time report accurately on those who are not members. “You run the risk of giving somebody we really don‟t know either too good a grade,” he said. “Or, let‟s say they got problems and we are not reporting that accurately.” In Missouri, the Associated Press and the Springfield Business Journal have reported that businesses are complaining they have received bad grades unfairly. According to the AP, some businesses also say the BBB of Eastern Missouri and Southern Illinois has been using high-pressure and heavy-handed sales tactics to force them to pay for accreditation, which would boost their ratings. That BBB denies the allegations. A spokesman for the Council of Better Business Bureaus in Arlington, Va., couldn‟t be reached for comment this week. But in a news release on the council‟s Web site, he lauded the rating system. “Consumers want more than marketing spin or a few comments about a business posted on the Internet, and rightly so, because given tough economic conditions, they literally can‟t afford to make bad buying decisions,” said Steve Cox. “BBB‟s improved reports provide detailed insight into a business‟s track record and are based on our time-tested standards, in-depth research and the millions of consumer complaints filed with BBB.” In Florida, one of the agency‟s that tested the system also defends it. Michael Galvin, of the BBB of Southeast Florida and the Caribbean, said his agency hasn‟t received any complaints from businesses over the year that it has been using the test system. “In today‟s world, the more information that the consumer has to protect and inform them, the better they are,” he said. “And with the business being an accredited business, they have taken it upon themselves to adhere to the excellence and the standards required by the Better Business Bureau.” We‟ll be watching to see how it plays out, here. Does the BBB engage in “pay to play”?
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Is the BBB‟s system, all about money?
11. Our next issues and complaints against the BBB:
http://www.columbiatribune.com/2009/Jan/20090111News005.asp New BBB grade card ‘a can of worms’ By T.J. GREANEY of the Tribune’s staff
Published Sunday, January 11, 2009
The Better Business Bureau recently announced it has given grades to 66,000 businesses in its Eastern Missouri and Southern Illinois district, including Columbia.
Each business is ranked “A plus” through “F,” based on 16 weighted factors that include the number and severity of complaints made by customers and whether companies resolved those complaints.
Michelle Corey, president and CEO of the St. Louis-based BBB, said the ratings help make the data they collect more accessible to the public. “In the past we had provided a lot of detail about a company in our liability report, and then we ranked it either „satisfactory‟ or „unsatisfactory,‟ ” she said. “And the public wanted more information on „What does that mean?‟ And everyone understands the letter system because of school.”
All of the results announced this month are searchable on the group‟s Web site, stlouis.bbb.org. But does the BBB have enough information to make its assertions? In the eyes of some local businesspeople, the criteria seem rather flimsy.
For example, Columbia Transmission Service at 600 Vandiver Drive received a “D minus.” The BBB reports receiving one unresolved complaint about the transmission company over the past 36 months, listing that as the reason for the low grade and noting the company “did not respond” to the complaint. But Lee Ailworth, general manager of Columbia Transmission, said Friday the firm was not aware of the complaint and had only received a call last week from the BBB, which said a mailed complaint had been returned to the sender. “How can we respond to something we haven‟t even received?” Ailworth asked. “That‟s kind of crazy.”
Ailworth said he is not happy the transmission company was besmirched because of one unconfirmed complaint. “We work very, very hard to please everybody that comes through the door, but, as you know,
Big hits The Better Business Bureau in St. Louis received a record 25,795 complaints about regional businesses last year, up 4.5 percent from the previous year. Seventy-nine percent of the complaints were resolved. Here is the BBB list of industries with the highest volume of complaints: 1. Television cable/satellite contractors (4,506) 2. Telephone service/cellular (2,865) 3. Internet sales and services (2,421) 4. Used car dealers (1,180) 5. Extended auto warranty processing (1,116) 6. Home construction/remodeling contractors (810) 7. Auto repair shops (553) 8. Auto renting and leasing (552) 9. New auto dealers (512) 10. Weight control services (337) Source: BBB
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you can‟t please everyone,” he said. When asked what he thought about the letter grade, he said, “Wow, I‟m just in utter shock.” Corey said that in some cases one complaint is sufficient to downgrade a company. “If it was your complaint, you‟d probably agree that it would be” important, she said. “We feel that every company should at least make a good-faith effort to resolve a complaint.” Don Laird, president of the Columbia Chamber of Commerce, said this type of uncertainty is precisely why his organization has never rated companies even though it has been asked. “I would have to say if they go into that, I think they‟re opening a can of worms,” Laird said. Laird chuckled as he searched the BBB online list for grades of local operations, including the city of Columbia Department of Finance (C), Bass Pro Shops (B minus) and Amega Mobile Home Sales in Ashland (B minus). Amega received that mark in spite of having been sued by the Missouri attorney general and having a list of seven customer complaints in the past 36 months. Laird said the system is fraught with potential problems. “Who‟s to say a competitor couldn‟t write a crummy review and sort of torpedo their competitor?” said Laird. “I don‟t think it‟s fair.” In addition, many businesses with the highest grades (A plus or A) also appear to be BBB-accredited, meaning they pay a minimum $350 annual membership fee to the BBB. Corey said these businesses must uphold high ethical standards and are terminated from the BBB if they don‟t. One of the accredited businesses, Columbia Hearing Center at 1306 S. Old 63, received an A. Owner Robert Northup said the BBB helps resolve customer complaints from time to time. “Any business is going to have a disgruntled person once in a while, and they intercede with us,” he said, adding that he usually resolves disputes with BBB help. Northup said his family, which owns businesses in Columbia and Versailles, had not been aware of the new grading system and plans to display the company‟s score. “When you put that in your advertising, that gives people confidence that we‟re going to honor their rules of conduct,” he said.
Reach T.J. Greaney at (573) 815-1719 or tjgreaney@columbiatribune.com. Why does the BBB engage in this type of Business Practices? Is the above news article true? How the bureau chooses to issue extra points is comparable to a student paying a teacher for higher grades. As this practice would never be tolerated in the academic world, such practice should also be condemned in the business world.
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Is it not the case the BBB is nothing more that a company who “bullies” companies for membership, and when they refuse, their businesses are attacked?
Please reference all documentation as listed online at http://www.mechanicsresponds.com/BBB%20of%20Metro%20Atlanta/Mechanic’s%20Response%20to%20the%20BBB%20of%20Metro%20Atlanta.htm in accordance with this complaint. We look forward to your prompt response, even though we know, in all likelihood, you will not respond to this complaint.
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Thank You. Sincerely, Terry Adams
Terry Adams
Mechanic’s Heating & Air Conditioning, LLC Member Disclaimer: The information contained herein is for informational purposed only. The information contained herein is believed accurate but is not warranted. We encourage all interested parties to verify the information contained herein on their own. The information contained herein was derived from public information sources or from our records.

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“Mechanic’s Dependability Report” for the BBB of Metro Atlanta

March 22, 2010 | Posted by admin

Mechanic’s Dependablity Report – Better Business Bureau of Metropolitian Atlanta, Inc.

BBB-grade

THE FOLLOWING INFORMATION ON THE BETTER BUSINESS BUREAU OF METROPOLITAN ATLANTA, INC., HEREIN CALLED “BBB” AT TIMES, WAS DERIVED FROM PUBLIC RECORDS, INTERNET POSTINGS, INTERNET NEWS ARTICLES, INTERNET FORUMS, INTERNET BLOGS, OTHER PUBLIC SOURCES AND OUR OWN
Mechanic’s Responds® RECORDS:

Public Records Show the Following at http://corp.sos.state.ga.us/corp/soskb/Corp.asp?695477

Non-Profit Corporation – Domestic – Information
Control No.:	J520420
Status:	Active/Owes Current Year AR

Entity Creation Date:	7/29/1937

Jurisdiction:	GA
Principal Office Address:	503 OAK PL STE 590 ATLANTA GA 30349
Last Annual Registration Filed Date:	3/4/2008
Last Annual Registration Filed:	2008

Registered Agent
Agent Name:	FRED T. ELSBERRY, JR.
Office Address:	503 OAK PLACE, SUITE 590 ATLANTA GA 30349
Agent County:	CLAYTON

Officers
Title:	CEO
Name:	FRED T. ELSBERRY, JR.
Address:	503 OAK PLACE, SUITE 590 ATLANTA GA 30349

Title:	CFO
Name:	Ginny Phillippi
Address:	503 OAK PLACE, SUITE 590 ATLANTA GA 30349

Title:	Secretary
Name:	Ginny Phillippi
Address:	503 OAK PLACE, SUITE 590 ATLANTA GA 30349

BETTER BUSINESS BUREAU OF METROPOLITAN ATLANTA, INC. filing: http://corp.sos.state.ga.us/imaging/13799589.pdf

BETTER BUSINESS BUREAU OF METROPOLITAN ATLANTA, INC. filing: http://corp.sos.state.ga.us/imaging/14955233.pdf

BETTER BUSINESS BUREAU OF METROPOLITAN ATLANTA, INC. website:

http://atlanta.bbb.org/WWWRoot/SitePage.aspx?site=39&id=d2c3a647-28a3-4d20-a061-8df2c936acaf

Mechanic’s Has Rated The
BETTER BUSINESS BUREAU OF METROPOLITAN ATLANTA, INC.
An “F” For Following Reasons:

Reasons as stated in our Mechanic’s “Preamble“.
Reasons as stated in our Complaint to the BETTER BUSINESS BUREAU OF METROPOLITAN ATLANTA, INC. dated February 12, 2009.
The BETTER BUSINESS BUREAU OF METROPOLITAN ATLANTA, INC.’S failure and refusal to put up a link on our so called “BBB Reliability Report” to our web site http://www.airconditioningatlanta.com/Mechanics_Customer_Compliments.htm in order to give our potential customers a “fair and balanced” look at what our customers have been telling us about our services.
According to our records, the BETTER BUSINESS BUREAU OF METROPOLITAN ATLANTA, INC. has NOT ONCE responded to our emails in our response to the BBB’s “Middle Ground Letter(s)” to our firm. Mechanic’s has asked the BBB the following many times: “However, we would appreciate the Bureau’s help in proposing steps that both parties may take to resolve this matter. Please provide us a list of proposed “steps” as soon as possible. In the interest of good customer relations, please respond within 5 business days.“ No “steps” were ever provided to our firm from the BBB.
The BBB has its own “Secret Formulas” yet calls for businesses (to) “be transparent” as one of its own hallmarks of a good company. In our opinion, the BBB holds itself out to the public as the “Leader and Advocate” for transparency, but its own web site says “BBB’s Proprietary Ratings Formula”. The BBB hammers our firm for so called “ad” issues, but the BBB has their own secrets!
The BBB hammers our firm for our “training”, yet we have never made any “accredited” training claims.
The BBB fails to tell the public as of August 6, 2007, our responses contained no “series of questions” to the customer.
No one at the BBB seems to be able to make a final decision on the merits of a complaint.
The BBB seems unable or unwilling to either point out to us where we have violated the Law or our contract(s) in relation to any matter, or to have the professionalism and the courage to put a complaint to bed once and for all.
It seems no one at the BBB reads our responses, but rather just pushes a button on the BBB’s new computer system.
The BBB’s “customer complaint process” seems to be nothing more than an exercise in endurance for both sides.
In our opinion, The BBB allows consumers to abuse the BBB’s services.
The BBB does NOT check out their own Members. This is listed on their web site:
http://atlanta.bbb.org/WWWRoot/SitePage.aspx?site=39&id=a519722a-7a5a-4af6-9377-6ed5b2d76840
“BBB accreditation does not mean that the business’ products or services have been evaluated or endorsed by the BBB, or that the BBB has made a determination as to the business’ product quality or competency in performing services.“
The Better Business Bureau of Metropolitan Atlanta thinks it’s morally right to send complaints to companies on Christmas Eve, according to Fred Elsberry of the BBB. Please see the following link: Page 1
The BBB has refused to re-open their so called “ad review”. The BBB told us on February 25, 2009 “Because the original ad challenge was opened in 2007 and you did not respond, the complaint will remain as is.“ Please see the following link: Page 1
The BBB has refused for 19+ months to take appropriate action against “Reliable”, apparently ran by Dan and Barbara Jape. The BBB refuses to inform the Public in relation to their many issues as listed at http://www.mechanicsresponds.com/Reliable%20Heating%20&%20Air%20Conditioning%20and%20Dan%20Jape/Reliable%20Heating%20&%20Air_Table_Of_Contents.htm and http://www.mechanicsresponds.com/Reliable%20Heating%20&%20Air%20Conditioning%20and%20Dan%20Jape/Reliable%20Heating%20&%20Air_Court_Documents.htm. Rather the BBB has decided both of the Japes deserve “A+” ratings. Please see our numerous emails asking the BBB to take action. Please see the following emails: Page 1, Page 2
The BBB has refused for 19+ months to inform the public that Hammock’s Air, a former member in good standing, has a sexual offender working for them, at the last time we checked. Your BBB was informed about this troubling information on July 24, 2007 by our firm, and with our repeated emails begging the BBB to warn the public. Your BBB has failed to protect, much less inform, the public. The BBB has told us they consider this information “personal information” and will not tell the public. What the? Please see the following link and BBB emails: Page 1, Page 2
http://services.georgia.gov/gbi/gbisor/SexualOffenderDetails.jsp?action=SexualOffenderDetails&sexualoffenderId=559801LB6

On Web Sites, News Articles, and other Internet Information Sources, People, Individuals, Entities and / or Companies have complained about the following Subjects, News Stories and Issues in Relation to the “BBB” (Better Business Bureau). These allegations from all over the Web include:

Complaints as listed at:

http://www.mechanicsresponds.com/

And

http://www.mechanicsresponds.com/BBB%20of%20Metro%20Atlanta/Mechanic’s%20Response%20to%20the%20BBB%20of%20Metro%20Atlanta.htm

Other Complaints Alleged:

http://www.wacotrib.com/opin/content/news/opinion/stories/2009/01/24/01242009waceditorial.html
Struggling businesses in grim economic times are well justified in questioning the Better Business Bureau’s new system of ranking businesses, especially considering the dubious, even self-serving criteria being used. As Trib staffer Cindy V. Culp revealed in her Page One story yesterday, some business owners — including here in Waco — are rankled by the BBB’s new standards for rating businesses, including rankings partially determined by whether a business is a dues-paying member of — guess who? — the BBB.

http://www.mechanicsresponds.com/BBB%20of%20Metro%20Atlanta/BBB%20-%20Ranking%20Means%20Better%20Company%20-%20PDF/Does%20a%20Better%20Satisfaction%20Ranking%20Mean%20a%20Better%20Company.pdf
Charter Communications was in the dog house with the Better Business Bureau until the bureau’s most recent customer satisfaction
ranking, which gave Charter an “A.” Does that mean Charter saw the error of its ways and started taking care of its customers? Not exactly.

http://www.wacotrib.com/news/content/news/stories/2009/01/23/01232009wacBetterBizBureau.html
When Mohan heard that the only reasons his company didn’t get an A+ was because it is not a bureau member and because the bureau supposedly does not have enough background information on the 31-year-old business, he said it confirmed doubts he has had about the bureau for decades. Any system that gives less than stellar marks to a company that has never had a complaint lodged against it and is operating legally has problems, he said.

http://www.mechanicsresponds.com/BBB%20of%20Metro%20Atlanta/BBB%20A%20Can%20of%20Worms%20PFD/New%20BBB%20grade%20card%20‘a%20can%20of%20worms’.pdf
In addition, many businesses with the highest grades (A plus or A) also appear to be BBB-accredited,
meaning they pay a minimum $350 annual membership fee to the BBB. Corey said these businesses
must uphold high ethical standards and are terminated from the BBB if they don’t.

http://www.10tv.com/live/content/consumer10/stories/2009/01/23/bbb.html?sid=102
Businesses Give New Rating System An “F” – Friday, January 23, 2009 5:04 AM – The Better Business Bureau’s new evaluation system is angering business owners who say they can get low ratings even though they have few customer complaints, 10TV’s Kurt Ludlow reported.

http://www.mechanicsresponds.com/BBB%20of%20Metro%20Atlanta/Better%20Business%20Bureau%20-%20Play%20To%20Pay.htm
Rick Berman, president of Berman and Co., a Washington, D.C.-based public relations firm that represents restaurants nationwide, refers to it as a “pay-to-play system.” He has mounted a nationwide media blitz against the system.

http://www.mechanicsresponds.com/BBB%20of%20Metro%20Atlanta/Better%20Business%20Bureau%20-%20Paying%20the%20BBB%20Appears%20to%20Have%20Instant%20Benefits.htm
But a random search of the organization’s database of about 4 million North American companies seems to show that the roughly 400,000 accredited businesses, even those that get numerous complaints, very often receive higher grades than unaccredited companies with spotless complaint records.

http://www.mechanicsresponds.com/BBB%20of%20Metro%20Atlanta/Better%20Business%20Bureau%20-%20Heading%20Down%20Hill%20as%20a%20Consumer%20Tool.htm
The latest nail in the coffin comes from the consumer columnist for our sister paper – Los Angeles Times – which makes a compelling case that the bureau is giving easier grades to members who pay yearly fees than to non-members (the total column is at the end of my blog).

http://blogs.courant.com/george_gombossy/2009/01/better-business-bureau-heading.html
Better Business Bureau: heading downhill as a consumer tool

http://www.mechanicsresponds.com/BBB%20of%20Metro%20Atlanta/BBB%20-%20Dues%20Favor%20Paying%20Members/BBB%20-%20Dues%20Favor%20Paying%20Members.pdf
The bureau does only limited research on companies it lists on its databases, and depends on the firms — members and nonmembers — to provide it with information.

http://www.baylor.edu/lariat/news.php?action=story&story=55842
The BBB’s ratings are unfair, “How the bureau chooses to issue extra points is comparable to a student paying a teacher for higher grades. As this practice would never be tolerated in the academic world, such practice should also be condemned in the business world.“

http://www.ripoffreport.com/reports/0/022/RipOff0022813.htm
Better Business Bureau BBB unfair in arbitration hearings, and are dishonest ripoffs 85% of the time. Akron Ohio

http://www.ripoffreport.com/reports/0/149/RipOff0149147.htm
BBB is full of Sh*t Newton Massachusetts

http://www.ripoffreport.com/reports/0/043/RipOff0043880.htm
BBB Better Business Bureau Consumer Advocate? Think Again! Don’t Trust Them! Leaglized Thieves big ripoff to consumers Atlanta Georgia.

http://www.ripoffreport.com/reports/0/311/RipOff0311326.htm
Better Business Bureau BBB’s John Scott commits Grand Larceny by stealing our motor home Denver Colorado

http://www.ripoffreport.com/reports/0/107/RipOff0107852.htm
The BBB is not fair to consumers because they don’t provide accurate information about companies. A company may have thousands of happy clients and one complaint, yet the BBB will not acknowledge that fact. The BBB does not check the credibility of any complaint they receive but they will post a company as unsatisfactory. Their practices are completely unfair to both businesses and consumers. If you are a business, don’t do your business harm by joining them. If you are a consumer, don’t use them to reference a company.

http://www.ripoffreport.com/reports/0/354/RipOff0354515.htm
BBB Better Business Bureau IS A COMPLETE SCAM. BBB IS COMPLETELY UNFAIR TO COMPANIES WHO ARE NOT A BBB MEMBER – BBB treats companies that are BBB members COMPLETELY differently than companies who are not BBB members. They are extremely unfair to companies who do not pay the yearly BBB fee and yet let companies who are BBB members get away with so much.

http://www.ripoffreport.com/reports/0/341/RipOff0341063.htm
BBB Of Metropolitan Dallas, Inc. Dallas BBB Unethical/ Unfair business practices towards Non-Member Businesses Dallas Texas – It seems that if you are a member you probably get a little more ‘support’ in these regards. If you’re not a member, well you probably are at the mercy of the customer. Since I have nothing to hide, I am considering exposing this entire matter (the BBB & the customer name) in full detail on a link off of my business website.

http://www.mechanicsresponds.com/BBB%20of%20Metro%20Atlanta/Problems%20with%20the%20BBB/PDF%20Files/Problems%20with%20the%20BBB.pdf
Has the BBB’s grading system, unfair business practices lost you money? Have you been bullied, bribed or humiliated by the BBB of the Southland? Has your good name or the name of your business been harmed?

http://www.lubbockonline.com/news/012697/embattle.htm
Embattled dating firm turns tables on BBB

http://findarticles.com/p/articles/mi_pwwi/is_200804/ai_n25159929
A Los Angeles trial court ruled January 4, 2008 that a case alleging that the Better Business Bureau of the Southland (BBB) is engaged in deceptive and other illegal practices may proceed in a case brought against it by Entertainment Career Connection, Inc. Entertainment Career Connection provides educational apprentice programs for the entertainment arts including the music recording , radio , film and television industries. A new trial date is pending, but expected on or before August. The 24-year-old Los Angeles-based business offers certificate programs in all aspects of filmmaking, radio broadcasting and audio engineering. More than 6,000 students have graduated from Entertainment Career Connection programs, creating a vast alumni network worldwide.

According to papers filed with the court:
– The BBB provides consumers with a rating for business from “AAA” to
“F.” But the BBB falsely represents that it makes no difference for ratings purposes whether or not a business has paid for a BBB membership.
The fact is that businesses that pay for memberships are automatically
awarded more points under the BBB’s rating system. The BBB charges
businesses as much $9,000 per year for memberships.
– Similarly, the BBB does not tell the public that it uses a separate,
more lenient rating system for larger businesses that pay larger membership
fees. The result is that a small, non-member company like Entertainment
Career Connection can have a small number of complaints against it with the
BBB — small in terms of raw numbers and as a percentage of its
customers — and get a bad rating; but a big dues-paying BBB member
like Cingular, with more than a thousand complaints against it,
receives one of the BBB’s top ratings.
– Although the BBB claims that only legitimate businesses can become
members, the fact is it gave memberships and ratings of “Members in Good
Standing” to an auto repair shop and a sushi restaurant — neither of which
actually existed. It required only that the purported “businesses” provide
payment for memberships, i.e., the BBB did not check to see if they really
were businesses. The address provided for one of the alleged businesses
turned out to be someone’s apartment.
– The BBB lowered its rating of Entertainment Career Connection to an
“F” in retaliation for the company challenging what it believed to be an
unfair rating. In fact, the BBB’s president, William Mitchell, personally
directed the BBB to change its report on the company to include allegations
of misleading advertising when, in fact, no consumer had ever made such a
complaint.
http://www.latimes.com/news/columnists/la-fi-lazarus21-2009jan21,0,4466980,full.column

The private, nonprofit Better Business Bureau insists there’s no “pay-for-play” component to its new rating system. But a random search of the organization’s database of about 4 million North American companies seems to show that the roughly 400,000 accredited businesses, even those that get numerous complaints, very often receive higher grades than unaccredited companies with spotless complaint records.

http://valleywag.gawker.com/5026675/better-business-bureau-dont-do-business-with-google
Wall Street’s not the only American institution down on Google today. The Better Business Bureau rates the search giant “unsatisfactory.” Why? On its record, 2 out of 331 complaints over the past three years were listed as unresolved. And for this, the BBB deems Google “unsatisfactory”? We can just imagine Googlers’ complaints: “How unfair! How bureaucratic! We demand to know the algorithm that has generated this result!” Funny, they sound exactly like Google’s customers.

http://www.searchrank.com/blog/2007/01/bbb-discriminates-against-online-businesses.html
There was one year where I cancelled our involvement in the program and instead placed the regular BBB logo that you would use in traditional advertising material and then linked it to our online profile. We got away with it for about a year until someone snitched us out. We were forced to remove the logo as well as any links to our online profile. I fought them on this to no avail stating that they were in fact discriminating online business by their policies. If members are allowed to display the logo in their brick and mortar businesses, then they should be able to do the same in their online businesses. “Sorry, that is against policy,” was the only reply I received. So naturally I once again succumbed to being forced to pay extra fees so I can display the logo online.

http://www.topix.com/forum/county/orange-fl/TN5HRV9EG2MMIOCV9#lastPost
THE BBB IS UNFAIR AND THEIR GRADING SYSTEM IS A FRAUD!!
The L.A. Times just came out with a NEWS REPORT and ARTICLE on Jan. 22, 2009 about how companies that pay The BBB get better grades then those that don’t. Here is the link to that article and news story: BRAND NEW NEWS STORY ON THE BBB http://www.latimes.com/video/… AND L.A. TIMES ARTICLE WRITTEN YESTERDAY ON THE BBB http://www.latimes.com/news/columnists/la-fi-… THE BETTER BUSINESS BUREAU IS A FRAUD !!!!!! They are extorting companies to pay for good grades while punishing companies that dont pay their stupid fees. HAVE YOU HAD A RUN IN WITH THE FRADULENT BBB????? If yes we want to hear your story. Please email us your story @ BBBFraud@yahoo.com Thank you!

http://townhall.com/blog/g/ec51bddc-29e8-4a79-aad4-9086df5a3491
In the old days, the better business bureau (BBB) was a trusted friend of consumers, telling them which businesses had received complaints for shoddy service, products, etc. Today, thanks to new rule changes, the BBB has decided to give businesses bad ratings, merely for being (gasp) politically incorrect (or at least, because the BBB doesn’t like them).

http://www.thesqueakywheel.com/complaints/2008/MAR/complaint23566.cfm
The BBB Council Headquarters has refused to answer these charges:
1)BBB fraudulently claims non-profit status, 2)BBB gives false ratings to members for money, 3)BBB lobbies Congress and Senate for illegal monopoly and immunity from prosecution, 4)BBB violates State and Federal Laws in fraudulent arbitrations to benefit their business members,
5)BBB violates anti trust laws, 6)BBB is very profitable and does not qualify for non-profit status, 7)BBB is deeply involved in organized crime,kickbacks,extorsion,racketeering,anti-trust violations and RICO Statutes violations. 8)BBB is modern day Corporate Mafia, selling protection from the consumers, in the form of a satisfactory rating, to fraudulent businesses for membership dues. 9)BBB gave satisfactory rating to American Engine Installations (AEI)with over 550 complaints for 3 years 10)BBB held fraudulent arbitrations in violation of Colorado State Laws, stealing motor vehicles from 66 consumers and awarding them to AEI for fraudulent business practices.” by: John and Stephanie Sions
“All you have to do, is to Google BBB sucks and count the number of angry consumer complaints at various websites such as ripoff.com, squeakywheel.com, Google blogs etc If someone were to organize these angry litigants against the BBB, we the defrauded consumers, could shut down your organization with an avalanche of lawsuits, like you have never seen. All it takes is one person to bring down your fraudulent business empire.”

http://yourbiz.msnbc.msn.com/archive/2009/01/07/1733975.aspx
What do you all think? Is this a good move for the BBB, or should we be giving the agency an FFF?

http://www.puppymillssuck.com/bbb/index.html
When I think (thought) of the BBB, I thought of it as a bastion of right, the objective party to a dispute, a means of resolution, a champion for the consumer. HA HA HA!

http://www.ripoffreport.com/reports/0/001/ripoff0001343.htm
Better Business Bureau or Buyer Better Beware? BBB …………Nationwide Alert! ……….. THE FOX GUARDING THE HEN HOUSE

http://www.mechanicsresponds.com/BBB%20of%20Metro%20Atlanta/The%20BBB%20and%20Reliable%20Heating%20Air.htm
Does the BBB engage in “Pay to Play”? Check this site out.

http://www.ripoffreport.com/reports/0/043/RipOff0043880.htm
BBB Better Business Bureau Consumer Advocate? Think Again! Don’t Trust Them! Leaglized Thieves big ripoff to consumers Atlanta Georgia. A BBB arbitration hearing was held and during the process it was obvious that the arbitrator was biased towards the member business from the start.

OTHER INFORMATION:

Mechanic’s Responds® records, found via public records, the Internet, and our own records, shows Fred Elsberry (AKA Fred Elsberry Jr., Fred T. Elsberry, Fred Thomas Elsberry) associated with the BBB of Metro Atlanta. Click Here for More Information.

Mechanic’s Responds® records, found via public records, the Internet, and our own records, shows the following individuals are employees or officers of the Metro Atlanta Better Business Bureau, Inc., along with their public information found on-line:

Dottie Callina dcallina@atlanta.bbb.org

http://www.facebook.com/people/Dottie-Callina/1407424411

Deborah Flatley dflatley@atlanta.bbb.org

Jennifer Warren jwarren@atlanta.bbb.org

Barbara Ward bward@atlanta.bbb.org

Anita Pearre apearre@atlanta.bbb.org

VP of Operations at BBB Serving Metro Atlanta, Athens & Northeast Georgia

http://www.02.01.snc1.facebook.com/people/Anita-Pearre/1418224838

Mike Boynton
mboynton@atlanta.bbb.org

Director of Sales & Marketing at Better Business Bureau-Metro Atlanta, Athens, NE Georgia

http://www.linkedin.com/pub/dir/mike/boynton

Ginny Phillippi – CFO, Secretary – Metro Atlanta Better Business Bureau, Inc.

Mechanic’s has found another firm with an association of a “FRED T. ELSBERRY” with the same address as the above “BETTER BUSINESS BUREAU OF METROPOLITAN ATLANTA, INC.”

Please see the following link: http://corp.sos.state.ga.us/corp/soskb/Corp.asp?680935

Business Name History
Name	Name Type
BETTER BUSINESS BUREAU EDUCATIONAL FOUNDATION OF METROPOLITAN ATLANTA, INC.	Current Name

Non-Profit Corporation – Domestic – Information
Control No.:	J505441
Status:	Active/Owes Current Year AR

Entity Creation Date:	4/8/1985

Jurisdiction:	GA
Principal Office Address:	503 OAK PL STE 590 ATLANTA GA 30349
Last Annual Registration Filed Date:	3/4/2008
Last Annual Registration Filed:	2008

Registered Agent
Agent Name:	CHARLES F. PALMER
Office Address:	600 PEACHTREE ST., #5200 ATLANTA GA 30308
Agent County:	FULTON

Officers
Title:	CEO
Name:	HERB MCCOY
Address:	503 OAK PLACE, SUITE 590 ATLANTA GA 30349

Title:	CFO
Name:	FRED T. ELSBERRY
Address:	503 OAK PLACE, SUITE 590 ATLANTA GA 30349

Title:	Secretary
Name:	FRED T. ELSBERRY
Address:	503 OAK PLACE, SUITE 590 ATLANTA GA 30349

For this article in it’s entirety visit: http://www.mechanicsresponds.com/

If you have any complaint you wish to file on any BETTER BUSINESS BUREAU, Business Trade Association, or other Business Group, or their employees or agents, or if you wish to file a News story, comment or give an opinion to Mechanic’s Responds®, please email Mechanic’s Responds® now at News@MechanicsResponds.com.

Disclaimer: The information contained herein is for informational purposes only. The information contained herein is believed accurate but is not warranted. We encourage all interested parties to verify the information contained herein on their own. The information contained herein was derived from public information sources, from our records, or from Reports or Complaints filed with us.

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“A+ Rated” BBB Members Sued Again!

March 22, 2010 | Posted by admin

Mechanic’s Responds® New / Opinion Report

Mingledorff’s Sues Dan & Barbara Jape, Both Listed By The Atlanta BBB As “President” of “Reliable Heating & Air Conditioning” And “Reliable Heating & Air”, Respectfully, For $173,750.00

Mechanic’s Responds® Investigative Team has done it again!

In a Breaking News Story, Mechanic’s Responds® has learned that “A+ rated” BBB members, or at least the people that operate these “A+ Rated” BBB members (“Reliable Heating & Air Conditioning” And “Reliable Heating & Air”), Dan and Barbara Jape have been sued in Cobb County Superior Court for Dan and Barbara Jape’s failure to pay back a promissory note to a local HVAC distributor and supply house called Mingledorff’s. According to Court Documents obtained by Mechanic’s Responds®, Dan and Barbara Jape signed this promissory note back on August 7, 2008.

In Court Documents filed by Mingledorff’s attorneys, Mechanic’s Responds® has learned Mingledorff’s is suing Dan and Barbara Jape for $173,750.00 plus interest and attorney fees.

You can check this information for yourself at the following location:

Cobb County
Barbara & Daniel Jape
File Date: 8/12/09
Case # 09107780-49
Judge Kell
Mingledorff’s VS Daniel Jape
Mingledorff’s VS Barbara Jape

Also Mechanic’s Responds® investigative reporters have obtained the following link for your convenience. Please feel free to read all the details for yourself.

Reliable Heating & Air Conditioning and Dan Jape/Mingledorff’s vs Dan & Barbara Jape/09-1-07780-49.pdf

Despite all of the mounting evidence against Dan Jape, Barbara Jape, and Reliable Air (“Reliable Heating & Air Conditioning” And “Reliable Heating & Air”), the Metro Atlanta BBB, under the leadership of BBB President Fred Elsberry, still refuses to do anything to warn the public about the alleged practices of Dan Jape, Barbara Jape, or Reliable (“Reliable Heating & Air Conditioning” And “Reliable Heating & Air”).

This reporter finds it very interesting how the Japes seem unable to pay their bills, yet they apparently make sure the BBB has their BBB Membership Fees paid up to date. I wonder why this is?

On September 3, 2009, Mechanic’s Responds® sent the following email to Fred Elsberry, President of the Atlanta BBB:

Fred Elsberry - President of the Atlanta BBB

Dear Fred Elsberry,

Mechanic’s Responds® is working on another new investigative news story in relation as to why your BBB continues to show an “A+” rating for the following member:

http://www.bbb.org/atlanta/business-reviews/heating-and-air-conditioning/reliable-heating-and-air-conditioning-in-marietta-ga-4004103

http://www.bbb.org/atlanta/business-reviews/heating-and-air-conditioning/reliable-heating-and-air-in-woodstock-ga-7268

We are breaking the news that this current “A+” rated member has just been sued in Cobb County for $173,750.00 plus attorney fees, by Mingledorff’s, for failure to pay back a promissory note.

Please see the following:

Cobb County
Barbara & Daniel Jape
File Date: 8/12/09
Case # 09107780-49
Judge Kell
Mingledorff’s VS Daniel Jape
Mingledorff’s VS Barbara Jape

Before we post our breaking news story, we would like to give you the opportunity to be interviewed for this story. In the alternative, we are requesting a written reason(s) as to why your BBB appears to have such blatant double standards in your grading system?

We look forward to your immediate response.

Thank You,

J.R. Adams
LLC Manager
Mechanic’s Responds®
A Division on Mechanic’s Heating & Air Conditioning, LLC
770-425-0000
www.MechanicsResponds.com

As of this posting, Mechanic’s Responds® has NOT heard anything from Fred Elsberry or the Atlanta BBB. This is of course in keeping with the BBB’s policy of ignoring tough questions.

Fred Elsberry - Atlanta BBB President

To add insult to injury, Fred Elsberry and the Atlanta BBB still have Reliable (Dan and Barbara Jape) listed with an “A+” rating (“Reliable Heating & Air Conditioning” And “Reliable Heating & Air”). This is the highest rating the BBB gives out. What the BBB does not make clear, is that a Company can only get this “A+” rating if they pay! (in the form of heavy membership fees)

Try to find this fact on the front of the BBB’s web site!

Check out the Reliable’s (“Reliable Heating & Air Conditioning” And “Reliable Heating & Air”) BBB ratings yourself:

http://www.bbb.org/atlanta/business-reviews/heating-and-air-conditioning/reliable-heating-and-air-conditioning-in-marietta-ga-4004103

Business Contact and Profile
Name:	Reliable Heating & Air Conditioning
Phone:	(770) 594-9096
Fax:	(770) 924-3904
Address:	4681 Canton Rd
	Marietta, GA 30066-1066
Website:	www.reliableaironline.com
Original Business Start Date:	January 1978
Principal:	Mr. Daniel L. Jape, President
Customer Contact:	Mr. Daniel L. Jape, President – (770) 594-9096
Entity:	Sole Proprietor
Employees:	50
Type of Business:	Heating & Air Conditioning, Air Conditioning Contractors & Systems, Air Conditioning Repair, Heating Contractors, Heating Equipment & Systems Cleaning & Repair
BBB Accreditation:	This organization is a BBB Accredited business.

http://www.bbb.org/atlanta/business-reviews/heating-and-air-conditioning/reliable-heating-and-air-in-woodstock-ga-7268

Business Contact and Profile
Name:	Reliable Heating & Air
Phone:	(770) 594-9066
Fax:	(770) 998-4809
Address:	110 Londonderry Ct Ste 130
	Woodstock, GA 30188-7352
Original Business Start Date:	January 1978
Principal:	Ms. Barbara Jape, President
Customer Contact:	Ms. Barbara Jape, President – (770) 594-9066
Entity:	Sole Proprietor
Employees:	1
Type of Business:	Heating & Air Conditioning, Air Conditioning Contractors & Systems, Heating Contractors
BBB Accreditation:	This organization is a BBB Accredited business.
Additional DBA Names:	RSC Reliable Air, Inc.

Why does Fred Elsberry and the Atlanta BBB continue to give Reliable (Dan and Barbara Jape) an apparent “free pass” and turn a “blind eye” to their every growing list of problems? At a minimum, why does Fred Elsberry or the Atlanta BBB not inform the public of Reliable’s and Dan and Barbara Jape’s ever increasing problems?

Is it because of the membership fees Reliable pays to the Atlanta BBB?

Does the Atlanta BBB engage in “pay to play”?

Why is the Atlanta BBB so unfair?

Why does the Atlanta BBB and Fred Elsberry have one standard for one Company and a different standard for another?

In this reporter’s opinion, this “pay to play” the Atlanta BBB engages in has to stop.

Mechanic’s Responds® will continue to ask these tough questions and keep on exposing the unfairness of the Atlanta BBB.

You can reach Fred Elsberry at his work email at fred@atlanta.bbb.org.

You can reach J. R. Adams at 770-425-0000 or via email at News@MechanicsResponds.com.

Disclaimer: The information contained herein is for informational purposes only. The information contained herein is believed accurate but is not warranted. We encourage all interested parties to verify the information contained herein on their own. The information contained herein was derived from public information sources, from our records, or from Reports or Complaints filed with us.

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