Class Action Lawsuit Filed Against

bidrackYesterday, a new consumer complaint site reported that they’ve filed a class action lawsuit against the penny auction site A few months ago we posted about how BidRack had allegedly used images of bloggers who hadn’t even tried BidRack, for testimonials.

Over the course of the last few months we’ve received many consumer complaints in our forum & comments and even read a BBB article on BidRack and how so many consumers have been reportedly charged for bids that they didn’t think they authorized.

We’ve found many landing pages for BidRack, perhaps this is where consumers entered their info and didn’t realize they would be charged. Penny auction sites especially and their affiliate marketers  shouldn’t be allowed to deceptively market penny auctions in the way that they have been with fake news reports, phony testimonials, ads stating the site is something it’s not and provides items that it doesn’t even offer. A recent Google ad for Bidrack told consumers that there was 1,000 Kindles/day.

Not unlike those
used to market other penny auction sites, many landing pages for BidRack tout the site to be a provider of “closeout auctions” with “overstock surplus” and “warehouse closeouts.”   bidrack


“Today we are thrilled to announce that the first class action lawsuit has been filed as a result of your Scambook reports.

The company is Bidrack.  Over 400 people submitted reports about this company, claiming that they were defrauded.  Our team read every one of those reports.  We followed up with many of you to get more information.  We investigated the company more generally.  And then we turned over what we found to the lawyers.

Most people are used to waiting months for a lawyer to act and then it is usually only to explain how much they are going to charge to “help” you. That’s not what happened here.  They looked at what you reported and, within two weeks, agreed to represent a class of potentially hundreds of people.  And they don’t get paid unless they win.

You can read the complaint below.   We’ll be keeping track of the lawsuit and will be posting more updates when we have them.”

Read the complaint:Verna Parino v. BidRack Inc. Et al. Docket No. 4-11-Cv-03149 Northern District of California, June 24th, 2011. Court Docket.

Edelson Mcguire, LLC is the firm representing the plaintiff, the same firm that brought the class action against, 1524948 Alberta LTD.

Have you bid on Bidrack?

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71 comments… add one
  • Sarah June 26, 2011, 10:42 am

    i recently discoverd in an email that i had a bid rack account now i have dozens of site i sign on to and didnt actually remember signing up for this one i tried it out it seemed pretty easy to win and seemed legit ,then i get an email saying this company is defrauding people my debit card is linked to my account but now im scared after reading this that they will charge me mabey ? if this does happen will you guys investigate it ? is this lawsuit for people that alreday got defrauded or is all members of this site eligible for a review of there account to make sure they werent scammed already and dont even know it? dont want to be defrauded but i was thinking of deleating my account but if i do will you guys have proof of it? or should i keep it active just in case something happens or already did? thank you for your time and patience.

    • Bidrack Victim June 29, 2011, 10:18 pm

      Hi Sarah, I had a similar email but it was for free bids and spins. Its not really free, did you get charged too? It looks like they changed a lot of stuff on their site but when I signed up there wasnt that box that said it cost $99 for a pack.

      • Monica June 29, 2011, 11:43 pm

        From Mike Krongel’s comment on Facebook, it looks like the owner of BidRack is Dee: and Irrum Doss: Her Facebook is:

        • mike July 12, 2011, 9:14 am

          The owners name is Deepak Agarwal not Irrum Doss, if youre going to mention my name get right what i said. No wonder you got scammed you cant friggin read

      • Letticia July 3, 2011, 1:26 pm

        Same thing happened to me. I didn’t know I was being charged for free bids. I “bought” a $99 bid package without knowing it. I’m at a quandry to try to “play” in order to redeem my money, or contact the BBB in hopes of something positive coming out of it.

  • what a joke! June 27, 2011, 2:26 pm

    Has anyone looked into the owners of Aside from the law firm connected to this site (though terms say its not a legal referral service or lawyers), until the winter of this year the site was owned by Lin Miao at Tatto Media. Search and you will find several articles about scamville and wozo, all linked back to Tatto!

    • What a joke! June 27, 2011, 7:04 pm

      Google the guy who they say is the creative director at scambook. In his cached linkedin profile it says he is or was the creative director at tattoo media. If you use domain tools you’ll see the registration of to tattoo starting in 2009.

      • greg June 28, 2011, 3:11 am

        who cares, bidrack is getting sued and they deserve it. this is what they get for scamming hundreds of thousands of people at $99 a pop. finally a chance to get our money back.

    • Wait.... June 27, 2011, 7:20 pm

      So you are saying that a company publicly exposed for running scams now runs a site to expose scams? How ironic if true. I heard there is a class action against tatto and the lawyers representing tattoo are the same lawyers who run Public records are a bitch!

      • Bidrack Victim June 29, 2011, 10:15 pm

        How can I follow the status of the case? How long does it take for a verdict? I’ve been waiting for this for way too long.

    • Justin June 28, 2011, 6:37 pm

      I did the research you suggested, what a joke,and see some disturbing trends with that afiliate marketing firm of Tatto Media which I understand has been bought out by the Mobile social network game developer Ozura World for for $60 million.

      I began to have questions obout the scambook website when I received a similar “thrilled to announce that the first class action lawsuit has been filed as a result of your Scambook reports” email as shown above. I received this email , not from a law firm internal mail system but by way of an email spam for hire company called
      My gmail account has had a minimum of 2 Ads by Google for the company Bidrack that is the subject of this discussion. Today I received a further spamming message from wanting me to sign up for their weekly news bullitens. I guess I was asking for it all by just posting a comment on Bidrack.

      Can you provide proof of the connection between Tatto Media alleged ownership of the scambook website prior to the rebranding ?


      • What a joke! June 29, 2011, 1:03 am


        Heard same thing that they are spamming everyone they can to collect data or complaints. Some business model. Here’s a summary from the site (there were several tatto-tatto, proxy-proxy, scambook-scambook transfers, these are just the transfer between company dates):

        11/24/09- registered by Tatto Media

        3/3/11- registered by “domain by proxy”

        6/1/11- registered by Scambook LLC

    • Ben June 28, 2011, 7:54 pm

      so basically its like whistle blowing, if this bidrack thing goes down i applaud their efforts. i signed up from one of bidrack’s email scams and i still havnt received my refund yet they kept giving me the run around.

    • Justin July 1, 2011, 7:39 am

      Just a wake up call!
      Anyone who followed the SwipeBids similar experience last year knows that the owner and operator, Jesse Willms, was only truly established early on, by the information placed within the SwipeBids Terms of Service page that betrayed his location in Alberta, Canada. Has BidRack betrayed its actual location and ownership in the same way?

      Applicable Law / Severability Clause
      This Terms & Conditions Agreement and Your use of Bidrack shall be governed by the laws of the United States of America and the State of Oklahoma without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court sitting in Oklahoma.
      You are subject to the laws of the Jurisdiction in which You reside and/or from which You access Bidrack and the services provided. The laws governing auctions, contests and tournaments are set up by each individual state, not by the federal government. VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account and/or participate in auctions offered by Bidrack while located in a prohibited Jurisdiction, You will be in violation of the law and these Terms & Conditions, and subject to having Your account suspended or closed permanently. You agree that Bidrack cannot be held liable if laws applicable to You restrict or prohibit Your participation.The UN Convention on the International Sale of Goods shall not apply.
      End Quote:

      If you take this at face value, it indicates that they are located in the state of Oklahoma:
      “Bidrack shall be governed by the laws of the United States of America and the State of Oklahoma without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court sitting in Oklahoma.”

      Then it goes on to state in this Terms of Service Agreement that:
      “You will be in violation of the law and these Terms & Conditions, and subject to having Your account suspended or closed permanently. You agree that Bidrack cannot be held liable if laws applicable to You restrict or prohibit Your participation”

      Does this mean that any lawsuit or class action lawsuit won’t have a snowball’s chance in Hell if it doesn’t meet with these one sided and restrictive conditions? If you are a gambler, what odds would you give a class action lawsuit filed in the California court system against a company listing it’s location in the state of Delaware? In the case of SwipeBids, the lawyers did establish the ownership and true location of SwipeBids, but chose to pursue the failed class action case in the California courts. Why??


      • Peter July 1, 2011, 2:08 pm

        Justin, i just filed a chargeback through my credit card company and hope everyone else does so you will lose your merchant account and get hit with a lot of fees.

      • jimmy July 15, 2011, 10:04 am

        i would guess bidrack stole the terms from quibids, instead of writing their own, they also copy the page swipebids used because it worked for swipe bids, why recreate the wheel, that is why all of these sites look a like, they just copy one or two people, and they have a business

  • Peter June 28, 2011, 8:30 pm

    Bidrack is a sham, shame on them for defrauding so many users. I hope they get sued for millions.

  • linda wes June 29, 2011, 2:32 am

    Thank goodness somebody is going after bidrack, I got scammed as well for $99 and did not know I was going to get charged. I want my money back and this is the best thing I’ve heard all day!

  • Andrew Bachman June 29, 2011, 9:48 am

    So a lot of you have started to ask questions linking Scambook to Tatto Media. There is a link, and I am a co-founder of both companies.
    We built wealth at Tatto through our knowledge of online commerce. The issue seemed to be that the products we built and promoted had low value to the consumer. Our bread and butter was mobile products like ringtones and horoscopes sent to your phone, and as our reach expanded there were people that expressed this publicly, like the editor of Techcrunch. Definitely, a wake up call. We sought to use what we had learned to accomplish a few things.
    1. Build a high value product for consumers
    2. Economic Growth

    I’d love to yap further/dodge rotten tomatoes/get some feedback. Thanks

    • Justin June 29, 2011, 5:11 pm

      Well thank-you Mr.Bachman, for clearing up that whole nasty business. How long was your media company, Tatto Media, banned from Facebook again? You must have been like the child who was kicked out of a candy store for theft and could only watch through the window as others were able to get at all those goodies. You have my vote for the most imaginative businessman to exploit this backdoor so you can take part in all the fun you have missed.

      Your new bosses must really be impressed!


      • Andrew Bachman June 29, 2011, 7:59 pm


        Ultimately, this product will force the hand of wise entrepreneurs who are using deceptive tactics to clean up their act and provide valuable services and products to consumers. Scambook will return lost funds to people who need them, and help be a catalyst to a safer marketplace for everyone financially.
        When you’re a victim of bad press, it creates a lot of assumptions. Not much you can really say to defend yourself, action speaks louder. Facebook is clearly the last platform anyone wants to be banned from, but life goes on.

        • Justin November 1, 2012, 1:22 pm

          Congratulations on the success of your new “product” Mr.Bachman. After these two stunts of supposed “class action law suits” (SwipeBids – BidRack) you have nearly 100% of the population fooled. Very clever manipulation using your experience and practices as an affiliate marketer.


    • Jason June 29, 2011, 7:53 pm


      Thanks for the “explanation”. So what did you learn? Instead of selling horoscopes and ringtones you shifted to posters that have more “value”? Or did you mean learned that you should switch sides, form a company that advocates for consumer rights and file lawsuits against companies that scam like your companies did/do and you would make money that way?

      Can you explain why people’s inboxes are being flooded by spam messages from scambook? I’m all for real consumer rights advocates but this doesn’t smell right.


  • Monica June 29, 2011, 11:37 pm

    Getting a few good advice from people:

    1. Please don’t call BidRack and ask for a refund. Instead, call your credit card company and charge it back. If we get BidRack’s charge back rate above 1%, they get their merchant account shut down and they lose a lot of money. Everyone, make sure you charge back this fraud $99 fee today

    2. It looks like Jason Akatiff from Ads4Dough runs BidRack: and

    Jason Akatiff looks like a Scam Artist and looks like the master mind behind BidRack who is scamming thousands of people

  • Justin June 30, 2011, 3:39 am

    Mr.Bachman, Thank-you again for returning to further explain your position in this mater that some people might view as a possible conflict of interest as it pertains to your “product” Perhaps you or your co-founders can demonstrate the concept of building a high value product for consumers while delivering on the promise of Justice! and to collectively join together and stop these companies from defrauding consumers. Maybe you could direct us to locations where we could read of these “many complex class action litigation from illegal spyware to cell phone text spamming and they have successfully brought these companies behind these scams to justice”. Please narrow down the field of cases to the ones most relevant to this newly announced BidRack case.

    I am personally aware of one of these class action law suits that match this criteria because I was relieved of some of my hard earned cash by it.

    Edelson Mcguire, LLC is the firm representing the plaintiff, the same firm that brought the class action against, 1524948 Alberta LTD.

    Fasugbe et al v. 1524948 Alberta LTD Plaintiffs: Oluwaseun Fasugbe and Luke Huckaba Defendant: 1524948 Alberta LTD Case Number: 2:2010cv02320 Filed: August 27, 2010 Court: California Eastern District Court County: Sacramento Nature of Suit: Torts – Property – Other Fraud Cause: 28:1332 Jurisdiction: Diversity Jury Demanded By Plaintiff

    This is what I found from my research:

    Date Filed May 26, 2011

    “ORDER signed by Judge William B. Shubb on 05/25/11 ORDERING that Jesse Willms’s 35 Motion to Dismiss and to Strike plf’s First Amended Complaint is GRANTED on the ground that the court does not have personal jurisdiction over Willms and DENIED as moot in all other respects; Terra Marketing and Sphere Media’s 34 Motion to Dismiss plf’s First Amended Complaint is GRANTED and their Motion to Strike the Class Action allegations is DENIED as moot. Plaintiffs have 20 days to file an amended complaint. (Benson, A.)”

    Available Case Documents
    The following documents for this case are available for you to view or download

    May 26, 2011 44 Motion to Dismiss and to Strike
    May 3, 2011 42 HEARING as to 35 Motion to Dismiss
    February 7, 2011 24 Initial Scheduling Conference RESET
    January 31, 2011 22 Motion to Dismiss plaintiffs’ complaint be, and the same hereby is DENIED.
    September 10, 2010 12 Motion to Withdraw as Counsel. Attorney William M. Haselden

    Did I interpret this above information correctly?

    1/ Class action lawsuit against a very similar defendant in the same state of California
    2/ Many of the allegations of misdeeds match very closely between this and the BidRack lawsuit
    3/ In both cases it was never demonstrated to the court that the defendants had any business registration in CA.
    4/ Both lawsuits alleged misdeeds to citizens of that state therefore has jurisdiction in that matter before them
    5/After nine months passed from the initial filing, this court granted the Motion to Dismiss and to Strike the Class Action allegations on the ground that the court does not have personal jurisdiction over Willms, the defendant.
    6/ That class action suit was never even brought to trial

    I look forward to reading of the many cases that have concluded more favorably to the plaintiffs because, clearly, this wasn’t one.


  • llaj July 4, 2011, 4:56 pm


  • Daryl July 5, 2011, 3:45 am

    What a joke! People couldn’t read the price point, it was clear 5 times. Im happy with my ipad homie.
    Scam book = ran by scammers to generate traffic and revenue. You think they are doing it for free because its a non-profit ? Think again!

    • greg July 6, 2011, 6:09 pm

      bidrack ran a shit load of side promotions that took you to pages that didnt tell you about the $99 charge and would not allow continue to next page until you entered your credit card info. no one is stupid enough to sign up if they went through their “new” website but everyone that’s getting scammed seems to be through emails and other advertising which took you to a totally different page.

      its pretty obvious that the owners of bidrack are posting in here, i just hope they get whats coming to them. what a joke? a lawsuit aint no joke. $99 may be nothing to you but it was money for birthday presents for us. the trouble you put us through is far more than $99. hopefully IC3 will regulate you guys soon.

  • Karen Latiolais July 6, 2011, 12:22 pm

    I went to bidrack to check out what it was all about, after receiving emails. I signed up to join the site, and used the spin wheel for free spins, with the “free” bids I bidded on a bid card for $0.30 and wow I won. Wahoo. did not like much of how you never look like you would ever win anything worth bidding on so I did not return. On my monthly credit card statement I found the .30 charge along with $99.00 charge. With out hesitation tried to get back into the site and was not able to. My account was deactivated. So I called the customer service she said there is no refunds. Tried to explain that I did not sign up for and thing more than the .30 cent bid. and the operator just kept repeating no refunds. I asked to speak to a manager and was told they were all busy. Unbelievable that it is that easy to scam people even when we are very careful. I have called my credit card company and stopped all transaction from them and I am disputing the charges.

  • FSD July 6, 2011, 1:27 pm

    I also thought I’d try BidRack, and registered for the site and ‘bought’ one (yes, only 1) 5 bid package (via a “beginners bid”). ‘Next thing I know, I’m charged $3 for those bids and $60 on my credit card.

    After 3 attempts to contact them (via their “24 hr support”), i never heard a peep back.

    I want my $$ back. Does this lawsuit get me a refund? How does a credit card company check back work?

  • TERESSA FLETCHER July 7, 2011, 10:23 pm


    • Justin July 11, 2011, 6:00 am

      I have the same questions as you Teressa.
      1/ If the class action suit is won what does that mean
      2/ How long will it take to get to trial and to conclude with a ruling?
      3/ What do I need to do to apply for my money back if the case is won
      4/ Does it matter where I live? I am from Canada where I think I heard is from but is registered in Delaware, but the class action lawsuit I read was filed in California?
      5/ How much of my money will I get back when the case is won.

      I keep getting the news update spam in my mailbox even though I did not subscribe on the first spamming notification of the class action lawsuit. I have never been sent details to answer any of my questions. I sure hope Mr. Andrew Backman or his co-founders of can leave a reply here to help us with these questions plus one more. Why does your product keep sending out unsolicited spam to me?


      • Ben July 13, 2011, 7:49 pm

        arnt you the owner of bidrack?

        • Amanda July 14, 2011, 10:31 am

          Who? Not me. I don’t own any penny auction site.

      • jimmy July 15, 2011, 10:10 am

        Here are your answers

        1/ If the class action suit is won what does that mean
        If its won itll only be through a settlement, the firm suing never ends up in trial, they usually settle out of court, they will get the lion share of any settlement, they always do, you as a consumer might get $10 or $50 or nothing

        2/ How long will it take to get to trial and to conclude with a ruling?

        2-4 years
        3/ What do I need to do to apply for my money back if the case is won

        youll see a notice somewhere about it but by then you wont care to file a claim.

        4/ Does it matter where I live? I am from Canada where I think I heard is from but is registered in Delaware, but the class action lawsuit I read was filed in California?

        I dont think it does
        5/ How much of my money will I get back when the case is won.
        chances are youll get nothing, the lawyers who file class action suits are usually no better than the people they file them against, they are in it to make money, they shake down the company and usually leave nothing for the consumers, consumers are just pawns in their attempts to blackmail and shakedown the company they are suing. If you want your money back, call your credit card company and file a dispute, deal with your credit card company for a resolution, they must by law investigate it, show them this lawsuit and the complaints, hell the credit card company knows bidrack is shut down for processing that proves its a scam. complain to your local BBB office if the CC company refuses to help you.

        That is the best way to get your money back, not this BS class action suit, youre just making edelman richer

        • Justin July 15, 2011, 8:36 pm

          LOL@jimmy,or I should say with jimmy. I did have a few of those same answers already but wanted to see if the good people that co-founded that “product”, would be gracious enough to answer a few more than they did with the SwipeBids Class Action Law Suit.

  • garrett mckenzie August 21, 2011, 11:14 am

    i am still waiting for my products from mid june , they have denied any refunds and are unable to tell me when i will receive my six items ,
    if any one can tell me where to find the owner and operators of this company
    i will serve them well.

  • PHUONG TON October 8, 2011, 7:59 am

    Please add me on the list. I was pent a lot of money to bid, I won a lot of stuff included ipad2, they sent me tracking numbers of iPad2 but doesn’t have iPad. I still keep that mail. I tried to call them and email them they are still respond same thing. Sorry for make mistake, Wait for few months. Few months pass by still nothing. I email them again they’re not response anymore.

  • HANG TON October 8, 2011, 8:04 am


  • John Berthaut October 12, 2011, 8:13 pm

    i first signed on and the automatically charged you for bids without telling you what you were buying nor giving you a choice, then i had almost 400-500 bids accumulated and you never could win it seemed every time you tried for a premium item 5 bidders would jump ahead, its was almost like they had people working the bids so no real users would ever win, they always claimed they would give your ids back but it seemed that they collected money and now i beginning to wonder if anyone really won, besides their people? it seems you can fool some people sometime but not all the people. if all they said is true they should levy criminal charges also. shame on you. I certainly wouldn’t mind having my money back also.

  • scott taylor October 19, 2011, 2:59 am

    I have paid for 11 different items including shipping and received the 320.00 dollars that I spent on bids that when I bid on a big ticket item I was the highest bidder when the time ran out and all the sudden the name changed. that happened to me on 4 tv’s,a play station and a note pad. sent them an email said they would look into. never heard from them again. just the same old form email say’s the same thing every time.we will look into it. what a bunch of crap.

  • scott taylor October 19, 2011, 3:00 am


  • barbie October 23, 2011, 10:11 pm

    They owe me bigtime! How do I get in on the class action law suit?

  • linda November 30, 2011, 10:53 am

    i was a victim of bidrack also as i bid and won nintendo wii games and when they actually got to me they did’nt work as they had falsely used the nintendo name on the package of the game but there was NOTHING on it and it did’nt work….i had a friend check it out and he told me that they had sent me a blank dvd, and sure enough when i looked on the back of the disc it said dvd…..i contacted them and they were clueless and i could’t send it back as it was over the 30 days to return it because it took them almost 2 months to send it to me. i asked them how they could get away with using NINTENDO logos and names on these WORTHLESS blank discs and of course they told me that they would look into it and get back to me……well they never did. i still have the discs and the packaging for my proof.

  • Mark December 2, 2011, 5:14 pm

    Ticket #308536
    Ticket Status: open
    Department: Bidrack Refund
    Create Date: 08/05/2011 4:51 pm

    Subject: Re: Refund Approved & Issued
    Fri, Aug 5 2011 4:51pm
    Hello Bidrack,
    I don’t have any refund until today, please be adviced. I called in many time to talk about this matter but never have it resolve.

    — On Fri, 7/8/11, Bidrack Refund Support wrote:
    From: Bidrack Refund Support
    Subject: Refund Approved & Issued
    Date: Friday, July 8, 2011, 12:29 AM
    Dear G******
    Thank you for submitting your refund request. At Bidrack, we always strive to go the extra mile for our customers & ensure you are satisfied.

    Your refund has been APPROVED and ISSUED. As our refunds are submitted electronically, it may take up to 3-5 days dependent on your issuing bank for the refund to credit in to your account. We appreciate your patience, and are sorry for any inconvenience.

    Please feel free to use this e-mail as a “confirmation receipt” that your refund has been issued. You do not need to take any further action as this could slow down or even block the process of issuing and posting your refund to your account.

    If your refund has not posted to your account within 3 to 5 days from today. You can follow up as to the status of your refund by calling our refund specialist hotline at 1-800-238-6195. A refund specialist will be able to check the status of your refund and provide you with the details.

    Always here to help.

    Bidrack – the fun way to save!
    Refund support Specialist – 1-800-238-6195

    Sun, Aug 7 2011 1:07pm – Ali D
    Dear GioLanh,
    If you would like to give me your phone number, I can have a supervisor call you back to discuss the matter further. This usually takes 24 to 48 hours.

    Always here to help,
    Bidrack Customer Care

    Sun, Aug 7 2011 2:10pm
    Thank you for responding
    You can call me at 817-274-8700 from 9 to 6PM central time, I hope we can solve this matter as soon as we can.

    — On Sun, 8/7/11, Bidrack Refund Request wrote:
    From: Bidrack Refund Request
    Subject: [#308536] Re: Refund Approved & Issued
    Date: Sunday, August 7, 2011, 2:07 PM

    Greetings Bidrack Customer!

    Thank you so much for reaching out to us. We have taken note of the information you have sent us and have escalated the case to upper management as well. We do ask for your kind patience however as we have a supervisor contact you.

    Rest assured we are working round the clock to have this problem resolved right away. Once we do get any updates, we shall go ahead and inform you.

    Thank you for your understanding.

    Bidrack Customer Services

    Fri, Aug 12 2011 12:51pm
    It come to another week but I don’t hear anything from you, please let me know what’s going on.
    Thank you
    — On Mon, 8/8/11, Bidrack Refund Request wrote:
    From: Bidrack Refund Request
    Subject: [#308536] Re: Refund Approved & Issued
    Date: Monday, August 8, 2011, 12:05 PM

    Fri, Aug 12 2011 1:35pm – Carlo C
    We very sorry for the inconvenience. Rest assured that we will have this expedited.

    Customer Care Team
    Wed, Aug 24 2011 1:56pm

    Dear Support Team,

    I’ve been very patient waiting for the solution but still don’t hear from you about refund, is there any problem that prevent you from solving this matter? please let me know.
    By the way, I’ve alway seen this ticket number (308536)is closed. Would you give me an explanation and solve the problem?

    Thank you

    Wed, Aug 24 2011 3:18pm – Carlo C

    I’ll forward this request to our billing department. Thank you for your patience. Also all tickets replied are automatically closed.
    Customer Care Team

    Wed, Aug 31 2011 1:19pm
    Dear Support team,

    How long will you takecare of this matter or you just playing game with me?

    Thank you

    Thu, Sep 1 2011 9:08am – Carlo C

    We already sent a request for your refund and is currently in progress. Please allow 2-3 business days for the reply from our refund department. You may also send them an email at

    Customer Care Team

    Wed, Sep 7 2011 2:49pm

    Dear Customer Support

    I’m really have a hard time with you on ticket # 308536, it’s for a long time and never get it solved. I’d like to write this to ask someone who willing to help me to solve this matter. Please get into the ticket number and find out how hard I have been through and how long else it’s going to be.

    Thank you

    Wed, Sep 7 2011 2:51pm

    Dear Customer Support

    I’m really have a hard time with you on ticket # 308536, it’s for a long time and never get it solved. I’d like to write this to ask someone who willing to help me to solve this matter. Please get into the ticket number and find out how hard I have been through and how long else it’s going to be.

    Thank you

    Thu, Sep 8 2011 3:08am – Carlo C
    We very sorry for the inconvenience. Rest assured that we will have this expedited.

    Customer Care Team

    Mon, Sep 12 2011 5:57pm
    Hello Customer Care,
    I still don’t see any processing on refund, and these message have been back and forth too many time but never been solve, I don’t think it’s hard for you guy to do it.

    Please show me some sign of processing and move quickly
    Thank You

    Tue, Sep 13 2011 10:32am – Ali D
    Greetings Bidrack Customer!

    We are deeply sorry for what delay and for the inconvenience this has caused you. We will go aheand and look into this for you, however we do request for your kind patience as we make a follow up.

    Rest assured we are working round the clock to have this problem resolved right away. Once we do get any updates, we shall go ahead and inform you.

    Thank you for your understanding.

    Bidrack Customer Services

    Tue, Sep 20 2011 3:48pm
    Hello Again,

    There are nothing happend or processing sign of this matter. I’d like to ask you to give phone number and name of person in charge so I can call in to talk direct with him/her. I don’t know why they’re keep ignoring. Is this in their purpose?
    This is a very long time, not just yesterday or last month.

    Please hurry up.
    Wed, Sep 21 2011 5:12am – Cust Care007
    For any questions regarding the registration and billing process please call Customer Support who is standing by to answer all of your questions: 1-800-253-1410.

    Customer Care Team

    Wed, Sep 21 2011 12:27pm
    The number you give me, I can’t contact, it just a message then hang up by itself. Do you have another good number and the name of the person that I can speak with?

    Also I want to ask why did they teld me last month to give them my phone number then they will call me but they didn’t?
    Dated back on August 7th.

    Wed, Sep 21 2011 12:54pm – Carl C

    We only have one phone number. Please try again.

    Customer Care Team

    Fri, Sep 23 2011 10:20am
    I called the number you gave me many times in many days but no one to answer the phone. What happends?

    Fri, Sep 23 2011 10:55am – Carlo C
    We just found out unfortunately that the phone system is down and our technicians are already fixing it.

    Customer Care Team

    Wed, Sep 28 2011 4:15pm

    I could not contact the phone you provide, when I call it just come to the brief message then hang up. Please have your person in charge to call me at 817-274-8700 or 682-552-7721

    Thank You

    Fri, Sep 30 2011 9:58am – CustomerCare 4
    Thank you for your email.We’re sorry for the inconvenience.We will definitely let the upper management know of your concern and have it resolved as soon as possible.

    Thanks for your time and patience.

    Customer Care Team.

    Tue, Oct 4 2011 4:39pm

    I need you guy to do something better than just talking, this issue have been a long time. I am patient but do you solve the matter?

    Tue, Oct 4 2011 6:07pm – CustomerCare 4
    Hi Valued Customer

    We really are sorry about this but we have yet to get an update regarding your issue.

    We will definitely let you know as soon as an update comes.

    Thanks for your time and patience.

    Customer Care Team.

    Wed, Nov 2 2011 3:38pm
    Hi there,

    As of today is almost 4 months long but you have not issued the refund yet. I have been patient and waiting but no reply or any action taken by bidrack.

    Please give me back may money, I get my social security only $675/month from goverment. You took away $49.99 away from me. It’s a big loss for me

    Please reconsideration

    Wed, Nov 2 2011 4:17pm – CustomerCare 4
    Hi Valued Customer

    We apologize for the inconvenience, we will go ahead and look into this matter for you. Please do give us some time to look into the concern for you, rest assured we are working round the clock to get this issue resolved right away.

    Thank you for taking the time to write to us and know that we appreciate your feedback.

    We are really sorry for the hassle. Thank you for your patience.

    Customer Care Team.

    Thu, Nov 17 2011 9:40am
    I have wait for a long time but don’t see any contact or refund from my account

    Please take action quickly

    thank you

    Tue, Nov 22 2011 3:53pm

    I need the Bidrack to solve this problem, it has been for a long time and no one to take action.

    Please hurry up
    Thank you

    Fri, Dec 2 2011 2:50pm
    Hey guys

    I need you guys to take actions on my refund. Why is no one to answer or solving this problem?


  • Dorlaine Simmons December 16, 2011, 11:23 pm

    I was scammed by Bidrack too. They charged me $99 when I signed up for free membership. I played my spins and actually won a purse and a bed cover.
    I spoke to a male customer service rep after I still hadn’t received my prizes after 2 months. The rep informed me that the items I won were no longer in stock and that I would get a refund. I emailed Bidrack, opened a shitload of cases because they kept on closing my previous complaints.
    I finally decided to do a google search on Bidrack and all I see are similar complaints. I was charged $99 without knowing. 7 months later I am still being ignored. and I have not been refunded via Bidrack.

    Now get this: I contacted my credit card company and explained what was happening. I spoke to a rep who said she would deal with it..Hurrayyy I got my money back….But…2 friggin months later my credit card rep sent me a bunch of print outs of activity from Bidrack where they (Bidrack) stated in ink that I never had any contact whats soever. They said that I never phoned or had never even opened a case.. Because of that paperwork I got charged the $99 again.
    I joined the class action in US but I’m in Canada so I guess I need to sign up in Canada.
    If anyone has any suggestions or if you know the link for Canada to join a class action out, please post it here so I can join.
    By the way, they are also associated with nomorerack so stay away from them too.

    I never did get my money back for the items I payed for and never received. I feel that I should also be entitled to the bids I paid for since it is obvious that they are using robots and have hired people to bid against you. I participate in a few forums and in one of them someone responded negatively to my comments. I suggested that they were commenting on behalf of Bidrack and not for the people who complained because out of many google page compaints I never read a post from a happy bidder. It was possitively obvious what was going on.

    • Justin January 27, 2012, 6:55 pm

      Sorry I directed my comment below to you as I reread your comment. I understand now that you may have already signed up for that same class action suit as mentioned. As a fellow Canadian, I know the difficult task you are faced with, dealing with your credit card company. When I did, they never choose to reverse their decision and recharge me for many charges I had to deal with when I first decided to check out a penny auction in 2010. I personally don’t know of any class action law suits available to us Canadians to sign up with. I do wonder why the people behind this one in the US don’t first ask people where they are from so that they can be made aware that law suit doesn’t apply to anyone outside of the US? How were you informed of that fact, Dorlaine, if you don’t mind my asking?


  • Bonnie OBarr December 25, 2011, 8:47 pm

    I was also scammed by BidRack and never received my items. I have saved all the emails they have sent me. How to I join in on the lawsuit?

    • Genelle Thompson January 14, 2012, 3:08 pm

      Me too! I would also like more information.

  • Justin January 27, 2012, 6:00 pm

    @Dorlaine if you require information about any active law suits, your contact information is supplied at the top of this page:

    “Yesterday, a new consumer complaint site reported that they’ve filed a class action lawsuit against the penny auction site”

    My understanding of it’s current status is that it is in limbo and far from being a certain way to get any of your money back. You should ask those questions of that BidRack group administrator for more details.

    I would suggest you read up on your rights when it comes to your type of complaint when buying from a merchant and do not receive your goods.

    THEN go to your credit card company armed with that knowledge that any merchant has to refund your money if they do not deliver or ship your items within the specified time limit of 30 days as stated in regulations for electronic transfers from your credit or bank account. These regulations also state that you have up to one year to file a claim to recover these funds after your purchase date.


  • Tallie January 30, 2012, 10:52 pm

    Great, a group of lawyers is seeking justice. I was slammed too. Charged me 99.00 with no option to opt out or notification. Tell you free bids and then slam you with the 99.00 fee. They say no refund, so what do you do. Then you have to use the 99.00 attached to bids within 24 hours or so. I played and won, but didnt get my prizes. Leather hello kittty watch, soldering gun, and an mp3 player adapter. I disputed my case at least 3 times with no resolution. Promises, promises. Now I see they are shut down. And oh, the prizes are shipped from Asia, go figure. They claimed a back log. How may I get my money and or prizes? Please give me lead.

  • AUDREY DAWSON February 4, 2012, 4:02 pm


  • Debora Switalski March 1, 2012, 8:23 am

    I was also a Bidrack victim, however… I did not know WHAT TO DO when this all happened to ME!! The company ended up taking $99.00 out of my account (when all I had bid on was a package of 5 bids for $0.03). I had never used one of these sites (and will NEVER use one AGAIN THAT’S FOR SURE). And when I contacted them, they told me “it was clearly stated on the order that a $99.00 charge would be applied as well”). Well, when I tried to get back to that order to see this for myself, there was no way to get BACK TO IT!!! If anyone can tell me HOW to go about joining this Class Action Suit I would be extremely grateful. It isn’t even about ‘getting my money back’ anymore, it is now more about ‘the principal’ of the matter. I would just like my name (as ONE MORE VICTIM of theirs) to be duly noted thats all. I have every single email (with as much information as I COULD have saved) if it is at all needed as well. There were quite a few emails sent back and forth with them constantly telling me that ” their poicy is such that they cannot refund any money, BUT that they would GIVE ME EXTRA BIDS!! It didn’t matter when I told them that I did not WANT any EXTRA BIDS (yet three times they gave me extra ones and STILL it didn’t even SHOW the CORRECT AMOUNT of them in the end)!! So PLEASE… if anyone knows how (or WHO) I can contact at this point it would be VERY much appreciated. I don’t know if it will be too late for me as my ‘nightmare’ happened June 11th, 2011 (or thats when it STARTED I should say). Thank you so much for any help that can be provided here.

  • Debora Switalski March 1, 2012, 8:32 am

    OH… and by the way?? They also took out the $0.03 (three cents) as well from my account. lol 🙁
    Just for the record? I’m SURE that who EVER was ‘involved’ in this scam will ‘have their day.’ I am a FIRM BELIEVER in “what GOES around, COMES around” and that “you GET what you GIVE!” We all may not actually ‘see it’ (obviously), but until these people ‘change their dishonest ways,’ I DON’T think they are going to be very ‘happy’ in their own lives (if even just in small ways). This is my story and I’m stickin to it. 🙂 I hope you all have a good day and that the idiots that did this to those of us who were victims of their scam, get exactly what they deserve! Thanks for hearing me out. 🙂

  • vanessa March 5, 2012, 3:10 am

    I am also a victim!!! I even called my bank and had them investigate .. they found me at fault and gave them back the money .. only to find out later that everyone else is being scammed too .. I am going to call my bank back !!! this is ridiculous!!!!

  • Lucille March 23, 2012, 1:45 pm

    I also was defrauded. I saw a popup ad that sounded interesting. Then I was charged $99.00. I tried to win something but never did. I called customer service and was told to bid on something less expensive and I would probably win. They even returned a lot of my bids but I didn’t trust them and never used them. I went back this week to use some and found this lawsuit. Please include me. Even getting $50.00 back would help. I also called my bank and was told they would do nothing for me. I owed the money because I had agreed to the terms which I never saw.

  • Justin July 23, 2012, 9:35 am

    I heard this “class action” lawsuit has concluded with a “win” for the plaintiffs July12th, 2012.
    Can you provide more details Amanda?


    • Amanda Lee July 23, 2012, 3:57 pm

      Ill look into this. THanks

      • Justin July 24, 2012, 9:36 pm

        Thanks Amanda, I have always admired your investigative skills.


  • Naeemah Joes October 16, 2012, 9:12 am

    Sorry that I am a late comer to this law suit. I was cleaning out my email folder when I came across emails that i kept. I to have been robbed of my money, not knowing that I gave permission for bidrack to charge my checking account for $150. When I called them to ask what was the charges for they called themself explaining to me something that did not make sense.I was told to bid on something less expensive and I would probably win. Now that I see the class action suit I would like to know how I can get my name on the suit. Can someone help me do this?

    Thank You.

  • Naeemah Jones October 16, 2012, 9:13 am

    Last comment has my misspelled name. which is Naeemah Jones please correct.

  • Justin October 19, 2012, 3:27 pm

    Sorry Nacemah, the supposed class action lawsuit was concluded in July, 2012 with damages awarded to the ONE plaintiff of $99.00. I really don’t know if that person wants to share!


  • Ang June 5, 2013, 11:45 am

    I got scammed by bidrack too. It’s been a little over two years now. They got me for 99.00 extra bid costs and when I won I never received my cameras. I just gave up after contacting them several times without receiving a solid answer. I really didn’t even know I bought the package until it appeared on my cc statement. To late. I was already in so I went ahead and used it. Got nothing in return.

    • Amanda Lee June 19, 2013, 2:49 pm

      Yikes sorry to hear that, thanks for sharing though. Did you go to the FTC?

  • jeff lucas July 12, 2013, 3:46 pm

    hello same thing happened to me. i got charged 99 dollars and i went to the bank and told them it was a scam and they did a report to try and get my money back and they said that i would not receive a refund.

  • Bob McCumbers June 4, 2014, 5:42 pm

    HAHAHA too funny. You dorelaize is a scam??? They EXTORT money from small businesses. It’s owned by Tatoo Media (google “Tatoo Media lawsuit”) (google ‘scambook’ and page through ALL of the websites against Scambook). Scambook extorts money from small business by remooving negitive posts about thatcompany for a $500/month fee.

    Scambook is owned by Tatoo media owner Andrew Bachman. Bachman has started dozens of fraudulant businesses from diet drink companies (that promises fat reduction and muscle gain – fraud) to text charges on cell phones. PLEASE GOOGLE “Tatoo media lawsuit Andrew Bachman”. The FTC is after Tatoo Media.

    Scambook is a massive scam and so is all of the other Bachman companies. Let me guess…you have not received a dime back???

  • Barry Diller June 23, 2014, 6:06 pm

    A massive mobile cramming scheme that cost consumers millions of dollars is also going to cost its founders and operators millions of dollars in cash, cars, houses, jewelry and other assets.
    The Federal Trade Commission alleged that Lin Miao a number of accomplices pitched text message services offering “love tips,” “fun facts,” and celebrity gossip alerts, but placed charges for these services – typically $9.99 a month – on consumers’ bills without their permission — a practice known as mobile cramming.

    They also allegedly used deceptive websites designed to collect consumers’ mobile phone numbers that would then be billed for the services.

    The charges appeared on consumers’ phone bills under confusing names such as “77050IQ12CALL8663611606” and “25184USBFIQMIG” and in many instances, consumers did not notice the variations in the amount of their bills from month to month. When consumers did notice the charges and attempted to seek refunds, the process was often highly cumbersome, with some promised refunds from the defendants never arriving, or consumers receiving only partial refunds from their phone company.

    Assets forfeited
    To settle the charges, Miao and associates have agreed to surrender more than $10 million in assets, including the contents of numerous bank accounts; real estate in Los Angeles, Beverly Hills and Chicago; and a number of cars and pieces of jewelry.

    “Cramming unauthorized charges on consumers’ phone bills is unlawful, and this settlement shows the FTC is committed to making sure that anyone who does it won’t be able to keep their ill-gotten gains,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “Consumers have the right to know what they are being charged.”

    Under the terms of the settlement, Lin Miao and the corporate defendants will be permanently banned from placing any charges on consumers’ phone bills, making any misrepresentations to consumers about a product or service or a consumers’ obligation to pay, and will also be prohibited from charging consumers for a product or service without their express consent.

    The settlement includes a monetary judgment of more than $150 million, which is partially suspended based on Miao’s inability to pay the full amount after he turns over nearly all of his and the companies’ assets.

  • RageDNA August 6, 2015, 12:28 pm

    What a bunch of crap, eat more cheese i guess


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