MALFUNCTION - Fixe Alien

climbing friend! Thank you for the free legal advice! CA statue states that two party consent is waived if one of the callers threatens the other. Because I only started the recording when Mr Daniels threatened me, I am well covered under Chapter 1.5. Invasion of Privacy of California Penal Code Section 633.5.

Mr Daniels, on the other hand is in a serious legal grey zone in regards to libel and defamation after he decided to go the extra step and include my full name specifically to call me out, while introducing several factual inaccuracies in his post. What a stand up guy, and a pleasure to do business with!!!!!

claty wrote:climbing friend! Thank you for the free legal advice! CA statue states that two party consent is waived if one of the callers threatens the other. Because I only started the recording when Mr Daniels threatened me, I am well covered under Chapter 1.5. Invasion of Privacy of California Penal Code Section 633.5.

climbing friend,

it sounds like you may be well prepare for inevitable lawsuit, and may wang-slap daniels in court of law!

claty wrote: LOL I laughed, too...thanks Kevin for sharing your (very biased) side of the story. If only you had responded with such care and conviction the first FOUR times I tried to reach out and contact you! In case anyone is wondering, I have a recording of some of the 13 minutes that Kevin screamed at me over the phone (thanks to OR 165.540, I live in a one-party consent state, and was legally able to record our conversation) if you'd like to know how Kevin treats a girl who just wants to get out and climb when he doesn't realize he's being recorded I'm happy to share what really happened. Mr Daniels can make any unsubstantiated one-sided claims riddled with inaccuracies he wants here and make it sound like he's some kind of victim who just tired to do the right thing, but I have a recording of our call which I started after he verbally threatened me. Suffice to say we have a difference of opinions on what my responsibility as a customer was and Fixe's responsibility was as a manufacturer but at least I tried to keep it civil. The same cannot be said about Mr. Daniels so I decided to terminate my interaction with Fixe and deal the the retailer where I bought the cam and who were super super nice and easy to work with. What Mr Daniels leaves out of his tirade above is that they were alarmed enough at the condition of the cam to IMMEDIATELY SWAP it out for a totem for me. Regardless of what you think, just a little bit of searching in these forums will show you numerous instances of MP'ers being treated poorly by Mr. Daniels; his words and actions that others have experienced can stand for themselves. Just to get you started, here is about 8 pages of discussion Mr Daniels' charming demeanor: mountainproject.com/v/bad-c… So, thanks for putting my name all over the internetz Kevin!! And for threatening me with your lawyers over phone! Have a great life. It must be tough being so angry all the time. Smile and live a little...climbing is supposed to be fun! XOXO.

Great post except for where you use the term "girl" to refer to yourself. It makes it sound like a mean adult is mistreating a child.

That doesn't change the facts of your case, which seem quite legitimate to me.

I find it hard to believe Mr Daniels provided timely responses to claity when my personal experience with fixe support was so atrocious it would be several weeks to a month between responses from them.

Mike Mellenthin wrote: IANAL (maybe you are and know better than me) but I can Google and the statue you cite is a lot more specific than just "threatens". Anyway I <3 my Totems. Good luck.

You have a dig a little deeper to the section cited by 633.5, which is:

653m.
(a) Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor.

Over the course of our 10+ minute phone call, I repeatedly asked Mr Daniels if there was a reason he was calling me other than to yell and threaten me. He never gave me any reason for his call. If you call someone for the sole purpose of annoying or threatening them, that is grounds to waive two party consent. Law FTW!

Don't feel bad, I do legislative analysis for a living. :)

If Mr Daniels ever comes back to this thread, I'd like to leave this for him, and anyone else who hasn't quite made it out the door to enjoy the long weekend.

youtube.com/watch?v=2hh9lWK…

claty wrote:Don't feel bad, I do legislative analysis for a living. :) If Mr Daniels ever comes back to this thread, I'd like to leave this for him, and anyone else who hasn't quite made it out the door to enjoy the long weekend.

Now PETA is gonna come after you!

Are you trying to turn everyone against you with that video? It may work.

FrankPS wrote:Are you trying to turn everyone against you with that video? It may work.

LOL, no... just pointing out how silly this entire conversation is. I added my experience with a faulty cam to the numerous other existing posts that others had already discussed and left it at that. I could have at that point also added in several pages about Mr Daniels' boorish behavior but decided to just include the minimum information that was relevant to other climbers in the interest of safety.

What was supposed to just be some additional useful info for other climbers has gotten a little ridiculous now!

Better than bunnies in a pot

So Claty, just curious. Are you saying that Rock & Snow didn't confirm that the cam was OK? Or that you just didn't like the customer experience?

From: Andrew Zalewski
Subject: Blue Alien Warranty Request
Date: June 16, 2016 1:08:51 PM PDT
To: Kevin Daniels
Reply-To: andrew@rockandsnow.com

Hi Kevin,

The Blue Alien that Clara sent back to us did not seem to demonstrate the issue she described on the phone. She told me she could remove the nut from the axle and disassemble the unit. This was definitely not the case, although the nut was able to rotate a little (maybe 1-1.5 or 2 complete rotations) on the threaded part of the axle. The axle seems to be peened on the very end to prevent exactly what she claimed she could do.I found a few units in our stock that had similar amounts of rotation and I took a vicegrips to one to see if I could remove the nut. I could not. When Clara's unit came back, I tried to remove the nut (just by hand) and could not.

--
Regards,

Andrew Zalewski
Rock and Snow
44 Main St
New Paltz NY 12561
845.255.1311

The plot thickens...

Kevin needs to add some woots to his posts.

Regardless of this specific cam, I would not purchase climbing gear from a company that is aggressive towards their customers, or one which is not willing to help their customers when the gear they produce makes them uncomfortable to use. Props to Rock and Snow for accepting the return of a piece that claty was not willing to climb with. Its a shame that the manufacturer does not treat customers the same way.

If I owned/ran Rock and Snow, I'd be kind of annoyed being publicly dragged into the middle of this dispute.

I have no dog in this fight, but there is a definite bias, currently. Surely if claty's claim is virile enough it can withstand a little devil's advocacy.

claty wrote: In case anyone is wondering, I have a recording of some of the 13 minutes that Kevin screamed at me over the phone...

claty wrote:So, thanks for putting my name all over the internetz Kevin!! And for threatening me with your lawyers over the phone!

First, your recording might very well demonstate the shouting you describe, but what does it omit? Your timing of starting the recording just as he is threatening seems opportune. Also, was he simply threatening you with lawyers or bodily harm. There is a big difference.

claty:

"You have a dig a little deeper to the section cited by 633.5, which is:

653m.
(a) Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor.

Over the course of our 10+ minute phone call, I repeatedly asked Mr Daniels if there was a reason he was calling me other than to yell and threaten me. He never gave me any reason for his call. If you call someone for the sole purpose of annoying or threatening them, that is grounds to waive two party consent. Law FTW!"

claty wrote:...but at least I tried to keep it civil. The same cannot be said about Mr. Daniels so I decided to terminate my interaction with Fixe and deal the the retailer where I bought the cam and who were super super nice and easy to work with.

Second, you state you asked him numerous time why he was calling. You also state you stopped interaction(claim/warranty process) with him for being rude and proceeded to go through the retailer. It seems like you knew it was a follow up call regarding your claim, but chose to ignore this later for legally convenient reasons.

claty wrote:What Mr Daniels leaves out of his tirade above is that they were alarmed enough at the condition of the cam to IMMEDIATELY SWAP it out for a totem for me.

Randy wrote:So Claty, just curious. Are you saying that Rock & Snow didn't confirm that the cam was OK? Or that you just didn't like the customer experience?

Kevin:

"From: Andrew Zalewski
Subject: Blue Alien Warranty Request
Date: June 16, 2016 1:08:51 PM PDT
To: Kevin Daniels
Reply-To: andrew@rockandsnow.com

Hi Kevin,

The Blue Alien that Clara sent back to us did not seem to demonstrate the issue she described on the phone. She told me she could remove the nut from the axle and disassemble the unit. This was definitely not the case, although the nut was able to rotate a little (maybe 1-1.5 or 2 complete rotations) on the threaded part of the axle. The axle seems to be peened on the very end to prevent exactly what she claimed she could do.I found a few units in our stock that had similar amounts of rotation and I took a vicegrips to one to see if I could remove the nut. I could not. When Clara's unit came back, I tried to remove the nut (just by hand) and could not.

--
Regards,

Andrew Zalewski
Rock and Snow
44 Main St
New Paltz NY 12561
845.255.1311"

Lastly, Rock and Ice quickly offering a replacement is not necessarily indicative of their agreeing with you as much as it is good customer service.

You need to be careful,claty, since the libel sword can cut both ways. I do not agree with much of how Kevin has handled this and I am inclined to believe your take on the customer service side of this ordeal (though maybe not the original claim). I just could not continue to watch glaring holes grow larger. This conversation needs some balance.

Dustin seems to have hit the same issues that struck me.

Good thread. Thanks for posting y'all.

I have no horse in this race either, who knows what actually went down, but Kevin, I have a bone to pick with you...

Putting your customer's info and emails from one of your retailers is unethical at best.

The Privacy Policy on your site says "If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to respond to your message"

Really lame...good thing the Totem Basics are so good.