Legal — Blog INAD — page 3

I’m in a deep depression and can’t sleep While leafing through the local newspaper…, I came across an advertisement praising the capabilities of an “A…” magnetizer which promised a quick solution. Indeed, for several months, I had been suffering horribly from headaches and neck pain. Medicine could not help me. Furthermore, living alone, with financial difficulties, I had had a work accident and did not really know what my professional future would be… I thought this gentleman would be able to relieve my pain and tell me what would happen in my work.…

The articles entitled: “Wengo n°1 in scam experts”, “Wengo scam expert?” and “Professional secrecy violated” have been temporarily removed from the site pending the decision of the summary proceedings undertaken by the INAD which will take place at the end of January 2012, against the company Wengo. Said articles were removed, following the formal notice given to us by the host, in order to prevent the site from being made unavailable. Indeed, the Wengo company, whose practices the INAD highlighted, convinced of the weakness of its arguments, did not…

…. I had the opportunity to work in firms, and on another platform. Working within firms requires certain constraints: obligation to ensure audiotel presence hours and presence hours on weekends and evenings. Their commission rates are at least those offered by Wengo, and often much higher, therefore their margins are much greater. The rates applied to customers can be exorbitant: €15 for the first 10 minutes and up to €7.5 per additional minute… Working on a platform such as Wengo leaves the independent worker that I am, free of my hours of presence,…

Selma 40 years old, Marseille: For 5 years I helped and “took under my wing” a person suffering from HIV and in a precarious situation. This person claiming to have a gift of mediumship has, over all these years, literally destroyed my confidence and my financial means. I was more concerned with him, with his administrative affairs (various procedures with landlords to obtain housing, etc.), than with my own family. Psychologically fragile, I believed I would find in this person the support and sincere friendship that would lead me towards greater…

Following the posting of the article, entitled: Professional Secret “violated”, we deplore that numerous defamatory messages* have been published on our site by a heterogeneous coalition of clairvoyants and pseudo clairvoyants; their intentions were fundamentally dishonest (?). For some of them, it was a matter of smearing or casting doubt (!?) on a consumer who had a relevant opinion, after a substantiated investigation… On the occasion of this ‘‘affair’’ it seemed useful to us to recall some recommendations specified in an article of the Moral and…

Article L132-6 of the Monetary and Financial Code (inserted by Law nº 2001-1062 of November 15, 2001 art. 38 Official Journal of November 16, 2001) The legal period during which the holder of a payment or withdrawal card has the possibility of filing a complaint is set at seventy days from the date of the contested transaction. It may be contractually extended, without being able to exceed one hundred and twenty days from the contested operation. All you need to do is notify the issuing establishment in writing of your dispute. The latter must then…

Two complaints for fraud, abuse of weakness and mental manipulation have just been addressed to the Public Prosecutors of Marseille and Grasse against two practitioners of the divinatory arts, one of whom is: “clairvoyant, psychoanalyst (non-qualified), management consultant…”, depending on the circumstances and the clients and the other specialized in occult work. The victims each paid €100,000 and €114,000 respectively for imaginary occult work. Another complaint for fraud, mental manipulation, abuse of weakness, threats and blackmail under conditions…

Several fairly fragile consumers in a situation of extreme weakness have filed complaints against the company Wengo for clairvoyance fraud, abuse of weakness, with the support of the INAD, in the collective interest of consumers of the divinatory arts. Indeed, the amicable interventions of the INAD in order to find a solution likely to satisfy the parties in question, were refused by the management of the said company, whose site shows that its clairvoyants are experts. It being specified that the majority of these practitioners have neither the…

As I told you, I had received a letter from a person called “Sarah” / M…” from Villeneuve…, in which she claimed to be able to help me positively transform my energies. But until now there has never been the slightest positive result, quite the contrary; I had a serious car accident in July 2010, after falling asleep at the wheel of my car after three days of exhausting work. Unfortunately this accident included I was unintentionally responsible for causing the death of a person in the other car with which I collided… panicked, I called Sarah to try to…

Albi High Court. Baba, a marabout, pseudo-teacher, was sentenced for fraud and abuse of weakness to 2 years in prison following a complaint filed by his victim, aged 74, from whom he extracted a little more than €49,000, in the space of a few months, without the latter seeing any improvement in her difficulties. The Public Prosecutor: Pascal Suhard requested and obtained from the court the conviction of the marabout 2 years in prison, one of which was suspended and 18 months of probation, and more than €45,000 in reimbursement… Certain audiotels in the…

Generally speaking, the victim’s erroneous belief and limited control are not obstacles provided for by law to the creation of the offense of fraud, from the moment where the sufficient maneuvers and deception of the perpetrator had the aim and effect of maintaining or annihilating them. This is indeed the case in this case since it appears from the file that by using a set of artifices giving each other force and credit, the defendant used fraudulent maneuvers and made use of a false capacity as a clairvoyant with the sole aim of deceiving the victim…

Justice is poorly understood by the public. It is commonly defined by the comparison between “the one who is right” and “the one who is wrong”. However, unfortunately the economic and legal relationships of individuals in a modern society are not so simple to define. The interweaving of positive and negative elements of a case obliges the Judge to decide by relying on the strict letter of the law, that is to say that he must “say the law” To rule on the law and to administer justice is to rule on the rights of everyone. This is different from “equity”…

False advertising* How to distinguish true from false. Since 1973, false advertising has been prohibited and criminally punishable. But a few common sense rules are enough to avoid falling into the trap. Advertisements from clairvoyants, astrologers, diviners, but also healers and sellers of miracle products have become commonplace, both in the specialized press and in general publications. Advertising, understood as broadcasting a message to promote a product or service that is part of a commercial activity, is a necessity dictated by competition…

We understand the legitimate questions of some of our members, seeing some names of people responsible for audiotel services, appearing among the members. We remind you that the INAD does not support the practice of clairvoyance via audiotel services which, in the vast majority, constitute a lucrative deception and are the spoils of business to the detriment of many consumers and rigorous practitioners who are themselves the first victims. The INAD, therefore, did not accept memberships from audiotel service firms but nominative memberships from…

Over the past few months, many consumers have asked us the question: Why are marabouts not included in the list of “Professionals who can be consulted” or in the section of INAD members? This is in no way any discrimination, as some consumers or marabouts may or could have believed. Indeed, faced with numerous misdeeds committed by some of them, against fairly fragile people, we intervened with several hundred “marabouts”, in order to educate them to carry out their activity with integrity and by opting for reasonable fees. But out of distrust,…

…. I was the victim of a scam by S.L. I went to see her at the beginning of April with a view to an emotional rapprochement and she had promised me that this man in question (who is married) did not get along at all with his wife, that he was going to come and that what’s more he would marry me, that she could do that. That she was going to start my job at the end of April and that I should come pick up products on May 22…. When I called her, she sometimes rejected me cruelly. I contacted her again a few days before the 22nd but nothing was ready and…

Ms. Fabienne Farès, Cannes director of two telephone clairvoyance companies - Lisia and Alexandra, has just been sentenced by the Grasse High Court, presided over by Mr. Emmanuel de Rosa, in accordance with the requisitions of the Public Prosecutor Mr. Philippe Vigue to 36 months in prison, 27 of which are suspended, for abuse of company assets and deceptive commercial practice. His accomplice, a mechanic, was sentenced to 24 months in prison, 16 of which were suspended. These two companies had 6,000 customers and pocketed up to €30,000/day…

Hélène, who was relieved of €87,000, has just filed a complaint against the clairvoyance firm CEV and its managers for criminal conspiracy and organized gang clairvoyance fraud.

INAD would like to point out that it never intervenes anonymously with practitioners or firms implicated by consumers. Therefore, no consultant can rely on the guarantee or support of INAD, in their personal approaches to clairvoyance professionals to put pressure on them and ask them for any financial restitution. In the same way, the INAD never intervenes with professionals to make them change their behavior if it is not contacted by a client who feels wronged. Consequently, any maneuver undertaken by a practitioner against one of his colleagues…

The INAD protests against certain more or less dubious practitioners and clairvoyance firms who improperly authorize themselves to state their recommendation and/or their membership of the INAD, or even an imaginary diploma issued by this organization, whose sole aim is to attract consumers who are increasingly suspicious of these sellers of chimeras. This way of proceeding is particularly dishonest, constitutes false advertising and causes harm to INAD, its members and consumers. Consequently, INAD intends to take all useful actions, particularly on…

In the particular case of remote clairvoyance (by telephone, internet, etc.), the provisions of the Consumer Code can protect you since articles L 121-16 et seq. are intended to apply “to any sale of a good or any provision of a service concluded, without the simultaneous physical presence of the parties, between a consumer and a professional who, for the conclusion of this contract, exclusively use one or more remote communication techniques…” The clairvoyant has, in the event of such a distance contract, the obligation to send to the consumer in…

The methods used by the clairvoyant or medium can sometimes constitute an offense, generally a scam. It should be remembered that fraud is defined by article L313-1 of the Penal Code as the act, either by the use of a false name, or by the abuse of a true capacity, or by the use of fraudulent maneuvers, of deceiving a natural person and convincing them to hand over funds, values ​​or any property or to provide a service or to consent to an act resulting in an obligation or discharge. The fraud is punishable by 5 years of imprisonment and 375,000 euros.…

If you have sufficient evidence to demonstrate that the clairvoyant has not respected his contractual obligations, you can initiate proceedings before the civil courts in order to request that he be ordered to reimburse you for the sums paid and possibly to pay you damages. This request must be made before the Local Judge if it concerns a sum less than €4,000, before the District Court between €4,000 and €10,000 and before the High Court above €10,000. In the latter case, the intervention of a lawyer is obligatory; in other cases, it is only optional…

It is worth reminding certain professionals specializing in clairvoyance by telephone that a case of clairvoyance fraud and breach of trust (abusive credit card collection) was judged by the Grasse High Court. Those responsible were given suspended prison sentences and heavy fines. The three companies, which belong to the same managers, will have to pay €100,000 each, and reimburse 230 complainants. According to the newspaper Nice matin (www.nicematin.fr) of December 1, 2007, which covered this affair, the telephone clairvoyance companies “Prisme,…

Many of you have expressed to us your surprise that the INAD does not provide any information on the working conditions of clairvoyance practitioners who carry out their activity on behalf of certain employers who own audiotel services. Indeed, certain audiotels specializing in telephone clairvoyance, based in France or abroad, employ qualified or unqualified clairvoyance practitioners, for an hourly rate of €4.50, per hour generated, that is to say one actual hour of work. It being specified that hours not worked receive no remuneration. These…

On September 14, 2007, a trial will take place in Paris against the managers of a clairvoyance firm(1), prosecuted for fraud, abuse, weakness, failure to assist a person in danger. They are already known to the courts because they had previously tried to discredit the INAD by suing it. First condemned, the INAD association saw the judgment purely and simply overturned and annulled, and this without referral by the Court of Cassation. (See judicial news section) What shocks today the defenders of the victims of certain professionals and clairvoyance…

In matters of clairvoyance by telephone, article L-121-18 of the Consumer Code stipulates that any professional making an offer to provide a remote service must indicate their full contact details… Therefore, to avoid abuse by certain dubious clairvoyants and to make possible dispute possible, consultants are advised to require an invoice.

Do you remember the list of Professionals who can _not_ be consulted at 3617 INAD? Yes of course! This list which has allowed tens of thousands of clients-consultants of the divinatory arts to avoid donating their savings to professionals with many faces, doubtful skills and uncertain gifts, but whose overrated and flattering reputation makes certain consumers in a weak situation believe that they are capable of solving their problems, from the return of affection to incurable illnesses including imaginary disenchantment. As we have explained, this list…

Decree No. 87-528 of July 8, 1987, classifies the practice of occult sciences in the artisans and traders section, but curiously these activities called occult sciences although attached to certain professions of the autonomous old-age insurance organizations of self-employed workers… do not appear in any directory of professions at the Ministry of Labor, Crafts and Commerce. Faced with this anomaly, INAD was told in December 2003 that this oversight would be corrected.

Since March 1, 1994, article R.34.7 which punished those who practice… Or explaining dreams has been repealed. The exercise of the divinatory arts on a professional basis remained until recently a prohibited activity. Article R.34 7° of the old Penal Code in fact punished until 1994 with the fine provided for 3rd class contraventions “those who make a profession of guessing and prognosticating, or of explaining dreams”. The new Penal Code, which came into force on March 1, 1994, does not include this offense, although it is rarely used, so that from now…