Fortune High Tech Marketing ABC News
The summer of 2010 was horrendous for FHTM. It had been proven that they had no relationships with any of the companies they represented and ABC news did an investigative story that May. Things were coming to light and this fraud disguised as a business was being exposed in ways they wish they wouldn’t be. Right before I did the interview with Adam Walser at ABC news, I asked Ed Smith to attempt to settle the case FHTM filed against me. We even informed them about the ABC interview and tried to use it as leverage to get them to drop the case all together. They blatantly refused and I finally started to realize what type of people I was up against. They had no intention of getting at the truth. Their trademark case wasn’t about right and wrong. It was about being out to destroy me.
My campaign to get the media exposes on them was fighting back and not attacking them. I was not the bad guy.
There were and still are hundreds of URL’s on the internet, by both past and current representatives, that use FHTM and Fortune in them.
Beginning in July 2010, after almost three grueling summer months of working with Kenyon Myers and Steven Mattingly from the Louisville office of the firm of Dinsmore & Shohl (class action attorneys), on the basis I would be paid for my time, we were able to put together what we thought was a solid class-action case against FHTM. The law firm promised that I would be reimbursed for any costs and time spent helping them prepare the case. Kenyon Myers was a referral from Ed Smith at Smith, Greenberg & Leightty, and my Kentucky attorney handling the frivolous trademark case FHTM had filed against me.
Unknowing to me at first, I was getting billed Ed’s hourly rate to convince Kenyon Myers’s firm to take on this case. The only thing missing was the lead plaintiff. When this class action idea began to materialize I was lead to believe I would be the lead plaintiff.
I knew more about their inner workings than anyone, including the group of attorney’s preparing the briefs. I had recorded hundreds of hours of video during the fortune social days, that nobody else had.
Shortly afterwards Kenyon Myers informed me that because of the case FHTM had filed against me (FHTM vs. Fortune Social LLC & Joseph Isaacs) it would not be advisable for me to be the lead plaintiff, as one case would hurt the other. To this day it still doesn’t make any sense. In order for this litigation to begin to move forward again, we were in need of lead plaintiffs. I immediately thought of Yvonne Day and Jim McCormick. Jim was in my downline here in Florida and Yvonne Day despised FHTM more than I did.
Yvonne jumped on the idea of getting even with FHTM for the pain and suffering, not to mention the huge forty-thousand dollar plus financial loss, she had suffered.
In addition to fending off the ridiculously fake harassing claims made by FHTM against me I had to work to compile as much supporting data as I could on them for the proposed class-action. Going through old emails, hard copies of company documents and watching hundreds of hours of videos made by corporate as well as myself - was a big job even for an organized guy like me.
We began to feel like stone-age medicine men being tasked with ridding the world of the cancerous likes of Paul Orberson and FHTM. Over the past couple of weeks in preparation for the filing of the lawsuit both Yvonne Day and I were in constant communications with a Jayne O’Donnell, a reporter from US Today, who had agreed to do an investigative story on the FHTM Pyramid Scheme.
Yvonne and I both knew that in order to get the “biggest bang for our buck” and the largest impact, serving the lawsuit had to be done with proper timing and media attention.. After pleading for weeks with Kenyon Myers, the Dinsmore & Shohl attorneys finally agreed to use the FHTM annual 2010 National convention, in their home state of Kentucky, to have them served the litigation.
The gratification we all got from the timing was more than we ever expected
Jayne O’Donnell, from USA Today, got permission from her editor to attend the convention, interview other FHTM participants and be there to witness, first hand, the serving of the lawsuit upon the FHTM heads of state. Having USA Today there to interview the players was even more gratifying.
I remember hearing one of their newly hired consulting attorneys saying to the media, “We will fight this case with all of our fiber and we will not allow this case to be tried in the media”.
He had no clue.
That made us even more determined to get the media to spread the word about this cancerous organization was hard to make happen but once it did we were filled with jubilation as it was so rewarding. Many other reporters had been blasting FHTM for their business practices in 2010 already. Yvonne and I were now insistent on getting a major television station onboard to add to the media frenzy.
On the eve of the FHTM national convention, in Lexington, in September 2010 the attorneys finally caused the lawsuit to be filed. Waiting in the wings for this blessed event was a reporter and camera crew from USA Today whom we had been simultaneously working with for a huge story. The media ate up the class action because it helped spread the word that this pyramid cult was in fact damaging the lives of so many.A class action lawsuit (case No. 5:10-cv-00305-KKC) was filed against Fortune Hi-Tech Marketing (FHTM), its officers, directors, Presidential Ambassadors and all National Sales Managers claiming fraud, pyramid scheme and RICO violations in Federal Court in the Eastern District of Kentucky on September 2, 2010.
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