Does Cuppy’s Coffee or Elite Manufacturing Owe You Money?

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Thu, Jun 5 - 11:08 am EDT | 6 years ago by
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(FranchisePick.Com) Does Cuppy’s Coffee or Elite Manufacturing owe you a refund? Have things improved with the new ownership? Is the Danny Jones runaround a thing of the past? Has the AAFD been helpful?

Please share your experience with Cuppy’s Coffee, Elite Manufacturing and Fransynergy below.

It’s been more than a month since Dale Nabors and Fransynergy took over the assets and liabilities of the troubled Medina Enterprises, Cuppy’s Coffee and Elite Manufacturing and vowed to return deposits owed to Cuppy’s Coffee franchisees and prospects. The April 21, 2008 post on BlueMauMau stated:

Elite, the construction arm that builds Cuppy’s properties, has been embroiled in disagreements with Cuppy’s depositors and franchise owners. The organization took on deposits from a number of investors, but controversy erupted when franchises were not purchased and deposit money was not returned.

Nabors declares, “We are fully aware of the refund challenges faced by the organization and we are addressing those and evaluating those on a case-by-case basis and look forward to resolving those as quickly as possible.”

WHAT DO YOU THINK? SHARE A COMMENT BELOW.

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  • Pingback: Does Cuppy’s Coffee or Elite Manufacturing Owe You Money? | Unhappy Franchisee

  • Robyn Rivera

    I am owed $30,000 by Cuppy’s/Java Jo’z or Elite/Emerald Coast (what ever they want to be called). There is a Cuppy’s opening in my town less tha 2 miles from a Java Jo’z which lost support from Cuppy’s and closed. This is unacceptable to me and my voice about this Cuppy’s opening will be heard. Cuppy’s I want to let you know that I will blog until the internet is shut down and I will notify every possible resource about your doings or misdoings, my local paper will get a story from me about your reputation. Do the right thing and pay me my hard earned money. Just in case you forgot the name is Corey and Robyn Rivera, C&C Enterprise from Houma Louisiana. Do you relize how this affects a family? We have lost savings, retirement, sold our house, and are in serious finacial trouble because of YOU!!!! How can you sleep at night. I know I will not sleep until I get m money back. I will be a thorn in your side. Remember what comes around goes around…

    Have a good day Cuppy’s

  • maria

    Still no resolution from Cuppy’s / Elite. We make an offer, and Danny Jones ignores it until phone calls and voice mail messages are left for him.

  • Criston Menz

    My initial contact to try to get my money back was in March 2007. I made my initial investment or should I call it a loan, to Cuppy’s/Elite in December of 2006 of $35,900. That is 18 months, calculate that with 7% interest monthly, and my investment/loan has earned me $3962 for a grand total that is owed to me from Cuppy’s/Elite of $39,862. Not a bad investment in this day and age with that kind of ROI. The reality of this is that I pay 7% monthly to the bank for Cuppy’s/Elite to utilize my monies. That is a total of $220.11 per month. The loss of that money has effected my family financially and emotionally, not to mention the time and energy it takes to continue to keep up with this cause. Mr. Neighbors, I am not sure what your plan is, but since you have not made contact with any of us, I believe I will never see a dime. I, like Robyn, Corey, Maria, John, Lee, Lina, Marcia, Angie, Patty, and on and on and on, will get ALL of monies returned one way or another and I can assure you, there will be damages to pay and unmendable reputations. Freedom of Speach goes a long way!

  • http://www.b5media.com/sean-kelly/ sean

    All who are considering a franchise, especially anyone considering doing business with Cuppy’s Coffee, Elite Manufacturing, Robert “Morg” Morgan should read Criston’s interview on AllBusiness:

    Criston:
    I read your interview on AllBusiness today.
    Check it out everyone, and leave a word of support in the comments:
    http://www.allbusiness.com/consumer-products/food-beverage-products-nonalcoholics/10207252-1.html

  • Charles

    I have read Ms. Criston Menz’s interview on AllBusiness.com. Criston is RIGHT on with her details about Elite/Cuppy’s. They are pro’s at deception, chicanery, larceny, out right lying, fraud, and I could go on. Cuppy’s AND Elite (one and the same), are nothing more than a “franchise” of mendacious Impersonators. Their business acumen is a hoax. From top to bottom the company’s representative’s are nothing more than hucksters hell bent on stealing honest people’s money. Yes, Cuppy’s and Elite are an evil cancer on a society of “good” people with dreams and aspirations for a better life. Elite and Cuppy’s are both predators and parasites all in one, sucking the ambition’s from good people who were guilty of nothing more than trusting them. Well trust them NO more. Know them for what they truely are, rabid mongrels of trustworthiness. May God have mercy on their souls, for I won’t. Destroy my name and I will turn the other cheek, for I have two. Destroy my LIFE may you be damned, for I have only, one. Give the people back their money, now!

  • http://www.b5media.com/sean-kelly/ sean

    Generation 1: Java Jo’z and Emerald Coast Manufacturing, which was owned by Roy Snowden with Robert “Morg” Morgan as Director of Operations, and the usual suspects: Doug Hibbing, Ben Doyle, Rachel Clark and a few others involved. They took a lot of people’s deposits and didn’t return them.
    Generation 2: Snowden went to jail and Morg Morgan (Medina) bought some of the “assets” from the Snowden entity. He and “the usual suspects” started selling Cuppy’s Coffee franchises instead of Java Jo’z licenses whenever possible. However, the angry postings of the Gen 1 Java Jo’z victims killed sales, so they worked it out that some of the purchase payments due to Snowden went to repay victims instead of the IRS.
    Generation 3: In order to put a new wig and fresh lipstick on this oinker, and to create the hogwash necessary to sell Cuppy’s Coffee franchises full force, “Morg” Morgan buddies up to Bob Purvin & the AAFD. The AAFD awards Cuppy’s “contract accreditation,” which Morg & Co. exaggerate into “the highest award for fair franchise standards ever granted.” Their 11-person franchise sales department sells full force, collecting deposits through Elite Manufacturing. When the Internet starts erupting again with the same complaints, Robert “Morg” Morgan and some of the usual suspects jump in the escape pod and bail, leaving Dale Nabors and Fransynergy to deal with the mess.

    Robert “Morg” Morgan is the common thread through all this. He was involved with the franchisee-litigated Slender Lady franchise, Java Jo’z and Cuppy’s Coffee.

    It’s worth remembering that the current Cuppy’s Coffee franchise owners are also victims to an extent, and have more than their deposits at stake.

    And while the lack of progress is upsetting, and my skepticism is not diminished, there’s no evidence to suggest that Dale Nabors & FranSynergy don’t have the best of intentions. He may end up as a victim in this too.

    Generation 4? The collapse of Cuppy’s Coffee benefits no one. In my opinion, depositers and franchisees alike should be most concerned with the question: Where did the money go? Where is it today?

    I very much doubt it was left in a filing cabinet at Elite Manufacturing, and I also doubt it was sucked up by the payroll of Cuppy’s Coffee, where most of the employees were about 20 years old.

    In addition to “Give me my money!” you should also scream “Who’s got my money?”

    Anyone with information regarding what happened to these hundreds of thousands – perhaps millions – of dollars in unreturned deposits can email – in confidence – to unhappyfranchisee[at]gmail.com

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  • SChaudhary

    We are in the exact same position as everyone else. Cuppy’s has wrongfully withheld $23,900 of my uncle’s “refundable” deposit and it is INFURIATING that they are able to get away with this. But we are not going to be intimidated with the company because if you read the Elite Manufacturing “Purchase Order Agreement” it is clear that depositors have a right to the refund of their money. I have finished law school and am studying for the bar right now. . . but I have shown the Purchase Order Agreement to a few of my professors and they are all in agreement that my uncle is clearly entitled to a refund. But we are still shopping a good attorney since there is a forum selection clause in the Agreement, (i.e., the suit has to be brought in Florida even though we are in Virginia and this is where the contract was made). What I want to know is this: since there seem to be PLENTY of people out there who have been aggreived by Cuppy’s in the EXACT same way. . . what do you all think about filing a class action law suit? Maybe that is the best course of action – that we all join forces and have our greivances heard as one. It is most likely that we will be able to find an attorney who will take the case on a contingency fee agreement (i.e., the attorney does not get paid unless we win the case). We are planning to ask for a refund of our deposit, including interest, and punitive damages as well since the company is clearly acting in violation of ethical boundaries. Let me know what you all think.

  • Charles

    To: SChaudhary
    Jun 23, 2008 at 10:24 am

    I am not an attorney, however, I have seen a very similar case with J. K. Harris Co., the tax people. A close friend of mine hired Harris Co. to negotiate with the IRS to remedy a large tax the IRS due to a divorce settlement. Long story short, Harris Co. did NOTHING and it cost this person almost double what they originally owed. A suit against Harris Co. ensued upon their negligence to do what they were paid for. J. K. Harris Co. kept the up front fee and did NOTHING. A check of Harris’s records showed (court ordered) that they did this to many hundreds of people. Sound familiar yet? A class action suit was begun. The claimant’s to the class action suit were told that they would get something due to their suit. However, since there were SO many, J. K. Harris would settle for pennies on the dollar that was owed many hundreds of people. THEREFORE, I believe a class action suit against Cuppy’s and Elite would only bring the same effect. I could be wrong, but this is what I believe would happen. I have seen the legal process for this situation. My attorney in PA says that Elite’s contract stating that litigation must be done in Florida is “Bunk”. He states that since they did business in “PA”, in my case, they MUST abide by the laws of the state in which they do business. He must be right, cause our suit is going forward in PA and a PA judge has already said he will hear the case. A date has not been asigned, YET. It seems to me that individual suit’s would have the greatest effect. Then it comes at Elite and Cuppy’s from all sides, not just one to deal with. It takes time for a suit, but in the end they will NOT win. If they declare bankruptcy, we’re doomed to get our money back in full.
    My guess, and one that worked before, let the IRS chew on their tails. If they kept all the deposit money thus far and did not declare it as income, they may be in trouble with the IRS for not reporting “deposit” income. If Elite and Cuppy’s say it was not income, then it was a deposit that was escrowed which would not be taxable. Thus, if it is in an escrowed account as “deposits” only, then the money is there to refund us all. Maybe we, who are all owed refunds, should contact the IRS to find our money and return it as before or someone goes to jail. Sound familiar? Snowdan and Java Joes situation.
    Now I don’t know for sure and don’t profess to. But it appears to be a similar picture as before, that the IRS came in to rescue people’s deposits when it was Snodan and Java Joe’s. But maybe someone more astute and perspicacious in (this) TAX matter(s) can advise us, like Sean or Mr. Steinberg. Gentlemen, start your minds!
    Sean, I know who’s got the money and where, (Caymen Islands). (Did Morg take a few trips to the islands?) It’s in the accounts of Elite and Cuppy’s, probably under an alias account. Just give us back our money, you crooks at Elite and Cuppy’s. Medina, start your checkbooks! NOW! (Florida to Cayman Island (Banks) is a short trip via private boat.)

  • http://www.b5media.com/sean-kelly/ sean

    Sean, I know who’s got the money and where, (Caymen Islands). (Did Morg take a few trips to the islands?) It’s in the accounts of Elite and Cuppy’s, probably under an alias account. Just give us back our money, you crooks at Elite and Cuppy’s.
    Morg Morgan is no longer affiliated with Medina, Cuppy’s Coffee, or Elite Manufacturing. It’s would seem unlikely that any such account, if it existed, would be affiliated either, don’t you think?

  • Charles

    I know Morgan is no longer with Medina. When one has enough of other’s money, getting out while the getting out is good makes “one” sanguine. The greatest ruse the Devil ever devised was to make man believe He didn’t exist.
    Our money, like Morgan, is no longer affiliated with Medina, Cuppy’s or Elite. It was only my analogous presupposition. So NO, I don’t feel such an account, if existing, would be affiliated either. But possible, yes. Maybe my anology is a bit facetious. I would like to hear your opinion based on the lies we have been told by Danny Jones and company about OUR money. I do respect your thoughts. “Where then is the (our)money”? Was this a preemtive action using a franchise disguise? Yes, “I think”. Anything is possible and usually IS.

  • Shawn

    O.K. I am just getting updated on all this. My mother gave Java Joz $30,000 deposit and had no luck with her location. I have been trying to get her money back. When I called they said to send Mr. Jones all our information that showes what we did to get a locaton. I gave him copies of our approval letter from the SBA loan, I gave him letters from our LandLord that we were in aggreement with, I gave him letters were the Java Joz site pre man flew down to meet with my mom on her location, I gave them everything. Then I got a letter saying they recieved all our documents and Mr. Jones would call about our refund. I have been calling and calling. I finaly got through and he said he would call me in 48 hours. It has been 3 weeks and I am still calling everday… I need help ??? What can we all do. This is my mothers retirement money?? Can we all get 1 attorney to defend us???

  • http://www.b5media.com/sean-kelly/ sean

    Shawn:

    Send an email in confidence to unhappyfranchisee[at]gmail.com to inquire. Include your phone number, name and location.

  • Paul Steinberg

    Charles wrote: My attorney in PA says that Elite’s contract stating that litigation must be done in Florida is “Bunk”. He states that since they did business in “PA”, in my case, they MUST abide by the laws of the state in which they do business. He must be right, cause our suit is going forward in PA and a PA judge has already said he will hear the case.

    Where a party may consent to jurisdiction of a court, answering in the action would likely constitute a waiver of any objection on the basis of personal jurisdiction (subject matter jurisdiction may never be waived, but that is another story).

    That being said, your attorney is simply wrong on the law if he told you that Elite was required to consent to jurisdiction in the face of a venue provision to the contrary. Indeed, the US Supreme Court has spoken to this matter in the Burger King v. Rudzewicz [471 U.S. 462 (1985] where the Michigan franchisee was forced to litigate in Miami, and the analogous case regarding forcing a Montana franchisee to arbitrate in Connecticut is Doctor’s Associates Inc v. Casarotto [517 U.S. 681 (1996)].

    As to “abiding by the laws” of the state they do business in: this is a more complicated matter, but your attorney gave you a simplistic and erroneous answer. He should know better, since every properly-drafted contract nowadays specifies choice of law. My understanding is that Elite contract specifies Florida choice of law. If that is correct, even a federal court sitting in Pennsylvania would have to apply Florida substantive law. The wrinkle may come about where a state (for example, Pennsylvania) has certain statutory provisions which may not be waived.

    Given the quality of legal advice currently being given to Dale Nabors, he may not object to Pennsylvania jurisdiction and PA choice of law. But if he gets a reputable attorney (like those Nixon Peabody folks he used to use) you will end up getting your suit kicked to Florida, and/or having your suit go forward in PA but with a FL choice of law. In the former case, you will have wasted money and in either case if Dale gets competent counsel, you will end up with a PA attorney having to practice FL law.

    If Elite has been so incompetent that they filed an Answer in the suit and did not raise jurisdictional objections, then you have been lucky enough to have opposing counsel even less familiar with the law than your counsel.

    If they have not filed an Answer, your lawyer should have advised you to keep quiet about the jurisdictional matter. Moreover, you should speak with your attorney before you post public comments about ongoing litigation…. word to the wise.

  • http://franchisepick sue

    man, the list of unhappy people w/cuppy’s & elite is neverending. my business partner & i put down $33,900 for our “refundable” deposit, and of course werent able to obtain financing, so requested our refund back. and amazingly enough our attorney consistantly receive no calls back, nothing. upon research from our attorney’s assistance, elite is being sued for 1.7 million dollars by a construction company in northern indiana for inline build outs and coffee carts they completed and were never paid for, as well as devulging confidential trade secrets. elite & cuppys are both really shady characters and we NEED to band together, make a lot of noise, leave NO stone unturned, and make their lives a living hell, until they return all of the money they STOLE from all of us. my business partner & i have made a promise to not stop until elite & cuppys are beat down like the scums they are. i just recall the phone interview we had with the franchise committee aka: good ole boys club, and just cringe w/the fact that they can sleep at night while during the day they are actually stealing money, outright, from people who are trusting what they are saying. hey, i think maybe the director/producers michael moore or james scurlock might be interested in this scam?!?

  • http://www.franbest.com sean

    CUPPY’S COFFEE: Interview With Franchisee Rick Noem  Rick Noem tells how he gave Cuppy’s Coffee a deposit of $125,000 in March, 2008 shortly before Dale Nabors took over.  He’s been unable to get even workeable plans or his phone calls returned, much less construction.  Meanwhile, he’s gone broke paying $6000 a month rent and a $3000 monthly loan payment on a business that hasn’t been built.

    CUPPY’S COFFEE: List of Locations, Status  Here’s the location list from the Cuppy’s website.  I’ve started adding closed locations, and those who paid but never opened. Contribute additions or clarifications with a comment or by emailing unhappyfranchisee[at]gmail.com.

    Cuppy’s Coffee Overview   Here’s a central page with links to Cuppy’s Coffee franchisee interviews, stories, documents and information. Direct people here to get them up to speed on the Cuppy’s Coffee story.

    CUPPY’S COFFEE, Java Jo’z, Elite Manufacturing, Medina Blogliography  Franchise Pick’s links to Cuppy’s Coffee, Elite Manufacturing, AAFD, & Java Jo’z related posts.

  • Angela

    Java Joz also owes me $30000. I received a letter saying they would be late on the July payment and needed until Aug 15. Well Aug 15 came and went and no payment. I have been calling the office and all phone numbers are disconnected. Has anyone else had this same experience. WHat do we do???

  • Guest

    I’m owed $20,000 from Elite Manufacturing. If I don’t get my money soon I’ll go to the national news agencies. They always love stories about our war vets like myself coming home and getting ripped off….maybe 20/20!! Hey I’m still in the military, a single parent and that was most of my life savings. Don’t think you can get much juicer.

  • Christy

    I’ve tried calling and all I get is an answering machine. You cannot get a live person and Danny Jones’ cell phone has been disconnected or number changed. They won’t return my calls when I leave a message asking for a call back.

  • David

    Just curious if anyone knows the status of everything? This is my first posting. I am one of the people that have been scammed by these people. I am a 100% disabled veteran and I had an insurance annuity that I cashed in to pay for the down payment. I was told that I was in the top 5% of the people they have worked with as far as being able to qualify for a loan. I gave them my down payment of $37,500 and about a week later, I was told I did not qualify and was sent to a specialist and if I paid them $2,000 they could get me financed. After about a month, they could not get me financed either. I requested my refund and was told that they did not have my money, but they would pay me back monthly. I even signed a contract because I felt like this might be the only way of getting my money back. That isn’t happening either. Not sure where to go at this point. If anyone can advise, I would certainly appreciate it. My annuity was set up to pay me monthly. Since it is gone, I cannot pay my bills.

  • Angela

    David- I signed the same contract for quarterly dispursement checks and I too am getting nothing. I think we all need to find a way to join together and get a civil suit against these people. Does anyone know an attourney that would take a case like this?

  • Joshua Miranda

    Elite Manufacturing took $37,900 from me. My bank did not qualify me so I waws entitled to a refund. This happend in December of 2007. I leased their Mobil Unit. I paid a $6,000 to Advantage Leasing Company. They started the lease and the Mobil Unit was never made. The leasing company is charging me interest and is not refunding me the $6,000 because the paid Elite $58,000 for the Mobil to be made. Elite will not return Advantage the money. So, I’m screwed all the way. Is there something we can all do together, like a civil suit, before they file bankrupcy and get away with it?

  • http://www.franbest.com sean

    Nothing personal toward Joshua, Angela, David, Christy and other recent commenters, but after a year and a half of writing about this, warning people, donating my time writing dozens of posts, my sympathy toward the Java Jo’z and Cuppy’s Coffee depositers is wearing a bit thin.

    Sheep are for shearing, my friends, and you all have provided Morg & Dale with enough wool to stay nice and warm all winter long.

    There are hundreds of people who naively handed over tens of thousands of dollars to these guys. Instead of speaking out publicly and warning others, they willingly accepted a gag order and a weak deal to get part of their money back over a ridiculously long time frame. They got a few measly payments and then (surprise surprise) the payments stopped.

    By making a few measly payments, they established an intent to pay – a defense against a fraud claim.

    I’ve been writing on Cuppy’s Coffee for going on two years and can tell you this: The blog postings were the only thing that ever spurred these guys to action. If only half of you had stepped forward to publicly tell your story, the media, law enforcement and regulators could not ignore it in this election year. Imagine the outcry. Even if you had held off to go public until the first day after your first payment was missed… but you remained silent except for anonymous comments. You kept holding out in the hopes that they’d throw you a few of your own crumbs.

    There’s a Cuppy’s Coffee page on Unhappy Franchisee designed to provide a focal point… to include an overwhelming number of interviews from those who had been duped by Cuppy’s Coffee. It could be the focal point for an email campaign to law enforcement and the media… proof that yours is not an isolated business dispute but a pattern of fraud.

    Dozens of Cuppy’s Coffee franchisees and franchise depositers were sent an invitation to fill out this interview questionaire (http://www.franchisepick.com/wp-content/uploads/2008/09/ufintquestions.doc) and email it to unhappyfranchisee[at]gmail.com for posting.

    Do you know how many of you Cuppy’s Coffee depositers have had the guts to publicly tell their stories? Five.

    Five of you have stepped forward to speak out, to expose this fraud, to stand up for yourselves and also to warn others. Five of you weren’t afraid to use your 1st amendment rights. Five thought it worthwhile to warn others from suffering the same fate. The rest have chosen to bleat softly to themselves.

    There’s a name for that: The Silence of the Lambs

  • Angela

    Sean- I appreciate the information you provided in your last post. I have never heard of the questionaire until recently. I am assuming that iothers had not heard of this either. Regardless, we need to do something to try to get our money back. I will fill out the questionaire now. I do not think there was fear in filling out this form…I think it was lack of information that there was a form.

  • Charles

    Sean, are you now picking and choosing comments? When I refer back to this site, I see the latest of mine is not there and some others that were there are now gone. Is there something wrong with the site, my computer, or what? Example: there was a posting from “guest” how Theresa St. Clair is a saint, which I refuted. It’s not there now. Please explain.

  • http://www.franbest.com sean

    Sean, are you now picking and choosing comments?
    No… Never…
    I’ll look for your comment. Do you know which post it was on?

  • http://www.franbest.com sean

    Charles:
    Are these the comments you’re looking for? Let me know.

    http://www.franchisepick.com/cuppys-coffee-elite-manufacturing-franchise-complaint-on-rip-off-report/#comment-42902

    http://www.franchisepick.com/cuppys-coffee-elite-manufacturing-franchise-complaint-on-rip-off-report/#comment-43262

    http://www.franchisepick.com/cuppys-coffee-elite-manufacturing-franchise-complaint-on-rip-off-report/#comment-43294

    You’ve also got this one on UF:
    http://www.unhappyfranchisee.com/2008/04/the-menzs-story-cuppys-coffee/#comment-34

    >>> FYI: I fight like hell to keep from altering or editing any comments. Occasionally, if formal legal action is taken, b5 may put a given comment in suspension til it’s resolved, but even then it’s not deleted. That’s rare.

    Comments can get sucked up in the SPAM filter, but once it’s live it shouldn’t go anywhere. Feel free to contact me if it happens.<<<

  • Charles

    Thanks Sean for a reply. The posting by myself and other’s that are gone were on:
    http://www.franchisepick.com/does-cuppys-coffee-or-elite-manufacturing-owe-you-money/#comments
    I am on the contact list of new comments to my email address and follow it daily. I have over 80 comments that I have saved, so I know that they were there originally and are now gone from this posting site. Could be a server problem. I don’t know. You’ve always seemed to be straight forward and I truely respect what you are doing here. Also, I looked at the interview questionaire posted. Seems more directed to Cuppy’s/Elite existing zee’s. To get a true composite of people owed money by Elite/Cuppy’s, and who have had deposits stolen, it may be more workable to our efforts of getting our money back with a questionaire directed towards those of us owed money who never opened a coffee site. The Attorney General in Florida originally told me they would only get involved directly IF “many” people had the same problem. Well I believe there ARE many. Agree? Let’s put together a list of such complaints and send this list to the Attorney General of Florida. Then the Attorney General can see that there are MANY who are owed money and “may” be more compelled to act. Just my thoughts. Nothing ventured, nothing gained.

  • http://www.franbest.com sean

    I have never heard of the questionaire until recently. I am assuming that iothers had not heard of this either.
    Angela:
    I’m not criticizing you or anyone in particular. But I’ve sent out many, many in the past year and have received 5 back… which actually makes it look like there are fewer than there are.

    Some have been told by lawyers not to post online. Probably prudent legal advice for those who are looking out for their own butts – but it’s myopic and – in the end, self-defeating. It’s only by joining together and making some real noise that attention will be brought to bear.

    The truth is that it will take a miracle for any of you to see your money again. Sad, but true. How many will kick in the $3K-$4K needed for a group action suit? What attorney would take this on contingency with collecting such a longshot?

    The best shot here is a federal criminal investigation, and I don’t think that will work without a lot of people coming forward and making noise. Yet many have been unwilling to speak out publicly.

    Now’s the time… now that it’s pretty clear that the agreement’s will not be honored on their part, why stay quiet any longer? If you just state the truth in an interview, where’s the liability in that? Someone’s got to shatter the cone of silence protecting the ongoing pattern of fraud that’s been nurtured in franchising.

    And get this: Rumor has it that Morg Morgan “feels terrible” about what’s happening and is considering taking the company back over. Ludicrous? Sure. Unlikely? Of course. Possible? If Dale has been defaulting on his payments, it seems entirely possible. The “Teflon Zor” may return!

  • Angela

    I will help as much as possible with the information for the Atty General in FL. Please let me know what you need. Also, I wonder if Beggs and Lane can help us at all. I am sure they are getting bombarded with calls. Has anyone spoken with Beggs and Lane?

  • Charles

    to sean
    Sep 26, 2008 at 7:24 am posting.

    Yes, the posting you show are some, not all. The last one you show, I wasn’t aware of if it was missing. I signed up for this site for email to me. There are others, missing. I posted a reply to Guest who was defending Theresa St. Clair as a true blue angle. Which, St. Clair is NOT. Guest was adamant that St. Clair knew nothing and is not responsible for her (St. Clair’s) actions and words. Bull. That posting of mine is not on site. My closing sentence refered to certain people within Cuppy’s and Elite as “social maggots”. Was that too over the top? Long and short of it, Guest has tried to defend someone who IS part of the entire fraud scam by Cuppy’s and Elite. Also, you originally made a reply to Guest that as a VP she is responsible. I liked and agree with what you wrote in that reply to guest about guest’s reply to my comments about St. Clair. That comment posting of your is not showing either. Seem many recent posting are not comming up.

  • Angela

    I have sent e-mails to local news and to NBC, but I am just one person and I am sure there is no interest in one person for large media stations. Maybe of more people alert these news companies we can get one to take notice? Just a suggestion…I do not feel like it is ok for these criminal just to get away with taking all of this money.

  • http://www.franbest.com sean

    I have over 80 comments that I have saved, so I know that they were there originally and are now gone from this posting site. Could be a server problem.
    They did switch servers recently. Email the missing comments to me at info[at]ideafarm.net if you would and I’ll look into it and repost them. I work hard to encourage comments and don’t want them lost anymore than you do.

    Also, I looked at the interview questionaire posted. Seems more directed to Cuppy’s/Elite existing zee’s.
    It’s just comprehensive, so just disregard the training, etc. if they’re N/A.
    Actually, only one of the 5 interviews (Mary Patrick) ever opened. Criston Menz, Robin Rivera, Rick Noem, & Mike Herber never opened.
    http://www.unhappyfranchisee.com/2008/08/cuppys-coffee-overview/

    I’ll be glad to separate out the interviews between depositers and opened/closed franchisees if I get enough to separate. Maybe some who didn’t want to be interviewed when they got their contract will step forward now.

    My suggestion: fill that page up with links to credible interviews with victims and unpaid depositers, then start an email campaign to everyone in a position to do something about it. It’s obvious the Florida AG wil not do anything unless there’s enough pressure publicly and from other state AGs. Not too many are going to take the time to compse their own letters – but with a single page that tells the whole story, all they gotta do is email the link.

    I’ll revamp it – but there’s no point with only 5 interviews.

  • http://www.franbest.com sean

    My closing sentence refered to certain people within Cuppy’s and Elite as “social maggots”. Was that too over the top?
    If I ever edit something, I mark it with a note indicating a deletion. I wouldn’t edit the maggot reference if it referred to a group.

    The conversation where I argued about her responsibility as a VP was over on Unhappy Franchisee. I don’t believe you can hold yourself up as a corporate executive and parade your VP title on your resume one minute, than claim you’re just an uninformed lackey the next.

    The “guest” with many names tries to make the same argument the AAFD did, that they are simultaneously experienced and accomplished, and naive and kept in the dark. TSC was not an administrative assistant – She was the head of the company.

  • http://www.franbest.com sean

    That posting of mine is not on site. My closing sentence refered to certain people within Cuppy’s and Elite as “social maggots”

    Charles: I think that prolonged exposure to Cuppy’s Coffee is taking its toll on your mental state. Side effects can include memory loss, paranoia, lost comments… :)

    A search for “maggots” located your comment here:

    http://www.franchisepick.com/cuppys-coffee-elite-manufacturing-franchise-complaint-on-rip-off-report/#comment-43335

    Time to switch to soothing herbal tea…

  • jd

    I’ve gotta say that I’m in agreement with Sean when he says the prospect of getting your money back is slim. This is a company that has no money. They’ve been evicted from their old office building, they can’t make payroll, they’ve fired most of their staff and they can’t pay vendors, because they’ve already spent/taken money that was ‘ear-marked’ for those vendors.

    It seems like in every instance, Cuppy’s/Elite/Medina has been one step ahead of the franchisees, because the franchisees didn’t know how to protect themselves. I’d be curious to know how many of the people that signed settlement agreements were able to get financial statements from the entities. My guess is zero. So, when you signed that agreement you had no clue if they had the financial capabilities to pay you back in the future, just their word. And by that point, you should’ve had every indication that their word was no good.

    Going forward, what do the depositors want? Obviously, money is number 1, but likely won’t happen. Do you want the company to fold? Do you want criminal charges filed, if a crime has been committed?

  • Charles

    Sean, My saved postings show a gap of what now shows from Sept 11th to Sept 19th. I count 13 missing postings. Here is what I have:
    1-missing from Sept. 19
    6-missing from Sept. 14
    4-missing from Sept. 13
    1- ” ” Sept. 12
    1- ” ” Sept. 11

    Total 13. That I see from NEW postings sent to my email inbox from this site. Note: There are probably about 4+ that I posted in that same date time as replys, that I do not have. As my postings are not sent to my email inbox.
    Do these date coincide with your server change?
    It would take a lot of time to send these all to you. Respectfully I do not have the time right now, Sean. But over the weekend I will attempt to do so. Okay?

  • Charles

    Sean, what ever you did to show the missing postings at: http://www.franchisepick.com/cuppys-coffee-elite-manufacturing-franchise-complaint-on-rip-off-report/#comment-43335

    they show on that site, only.
    your comments to me from:
    sean Sep 26, 2008 at 8:47 am,
    was this meant as satire? I hope so. Cause none of your comment was accurate of me. Please, lets not resort to knavish remarks.
    Have a good weekend. Thks

  • http://www.franbest.com sean

    I’m confused. Are the missing postings comments you left? Or from others? Did they all pertain to Cuppy’s?

    I have a record of 9 total comments you’ve made to this point for Sept.

    There were comments taken off the site, but they had to do with Curves, not Cuppy’s.

    > The server change was Sept. 2, so not a factor.

    > The comments were sarcastic but not satirical – and were not directed at you specifically.

    However, here’s an interesting question:

    How many of the depositers actually care about anything beyond them getting their own money back? How many would lift a finger to put an end to this scam – or to warn others – if they had their money back.

    There are some who were all too willing to sell the next suckers down the river when they thought they were going to be getting a few hundred bucks a month for their silence.

  • Joshua Miranda

    Sean,
    I got the questionaire and I will send it. Please let me know what else I can do. I want to speak up. I will do anything in my power to put those crooks where they belong.

  • Paul Steinberg

    JD: true, but judgments are good for a long time (by me, 20 years). A lot can happen in 20 years, and people often have no choice but to take steps to get a judgment lien released at some point.

    Also, you may be able to make the case for piercing the corporate veil and naming individuals. If successful, you have a very good shot at collecting at least some of your money. People start businesses, buy/sell houses, apply for jobs that conduct background checks, etc.

    Many people are going to be stuck paying SBA-guaranteed loans for which they got nothing. For those people, it may well make sense to take the bull by the horns, pursue aggressive discovery and litigation, and get the lender and loan broker to pony up to the table. Remember that the money is not owed to the SBA, it is owed to the bank. And if the bank chooses to write off all or part of the loan and not seek the SBA guaranty, that is within the power of the bank should the bank see it in its interest to settle. I suspect that there may be other players (banks, loan brokers in particular) who may be a source of recovery.

    Finally, to the extent that money can be recovered by a Trustee in bankruptcy, the lookback period ranges from 90 days to 2 years, depending on several factors.

  • http://www.franchise.org John LaFalce

    Y’all are missing something.

    There are 100 stores open and 200 in development.

    Get a judgment and seize the company. Then auction it off to the highest bidder.

  • David

    I spent all day yesterday on the phone. I called the FBI, IRS, FTC, Attorney General in AL and FL, just to name a few. They all are very interested in the situation. Anyone who is owed money, should call them all.

  • Anwar

    I would like to get the latest with cuppys, and ask the following questions:
    1-Any one know if Dan Nabors has Money
    2-Any one get any info from the Attorney General and what are their answres.
    3-Do we have a chance to get some money back.
    4-Can the Government compensate us
    5-Can the Attorney general start the process and Arrest Dan and others previous owners…like Morgan.
    any one can find out were they live
    thanks

  • Anwar

    David,
    can you provide the contact no to call the FBI, IRS, FTC, Attorney General in AL and FL
    thanks

  • http://www.franbest.com sean

    Anwar:
    Here are some links to agencies you can contact:

    Contact List of State Attorneys General

    FEDERAL TRADE COMMISSION (FTC) 

    Cuppy’s Coffee Franchisees Seek FTC Help

    Cuppy’s Coffee Franchisees Seek Help From Attorney Generals

    CUPPY’S COFFEE FRANCHISEES CONTACT THE BETTER BUSINESS BUREAU

    Northeastern, IN BBB (Elite, SBT)

    BBB of Northeastern Indiana
    WWW: http://fortwayne.bbb.org
    Email: info@neindianabbb.org
    Phone: (260) 423-4433
    Fax: (260) 423-3301
    4011 Parnell Avenue
    Fort Wayne IN 46805

    West Florida BBB  (Cuppy’s Coffee, Medina, Elite)

    BBB of West Florida
    WWW: http://westflorida.bbb.org
    Email: info@bbbwestflorida.org
    Phone: (727) 535-5522
    Fax: (727) 539-6301
    2655 McCormick Drive
    Clearwater FL 33759

    North AL BBB (Fransynergy, Cuppy’s Coffee)

    BBB Serving Lauderdale, Colbert, Franklin & Marion Counties
    WWW: http://www.northalabama.bbb.org
    Email: bbbshoal@hiwaay.net
    Phone: (256) 740-8224
    Fax: (256) 740-8219
    205 S. Seminary St., Ste. 114
    Florence AL 35630

    CUPPY’S COFFEE: Dale Nabors’ Private Conference Call

  • Herbert Spencer

    Anwar; although Gov. Palin speaks of you frequently, neither she nor the feds are going to “compensate” you.

    A wise acolyte of mine said that “sometimes franchising is God’s way of separating fools from their money.” Couldn’t have put it better myself.

    Churchill said that it is “better to jaw-jaw than to war war” but that was after he carpet-bombed Hitler into submission. Al Capone, who understood a bit about human nature, told us that a gun and a kind word get you further than a kind word (No doubt he also read my book).

    Please don’t take this the wrong way, but from your posting I would suggest that regulators would politely listen to your call, take copious notes, and then put the notes in the “circular file”. And the BBB is wonderful at jaw-jaw, but other than being a sounding board for your indignation it is a huge waste of time.

    John LaFalce was always way to liberal for my taste, but he did have a point when he mentioned the value of the franchise company.

    Also several people have discussed on BlueMauMau the relevant provisions of the bankruptcy code which suggest that pushing this mess into bankruptcy may be the best thing because the Trustee can go back from 90 days to as long as 24 months and force people and companies that got money from Cuppys to give it back.

    It would make sense for you to join up with others and get a lawyer. The world is a cruel place where the big fish eat the little fish. Tough noogies.

    Of course, there are laws and if there is a violation of law there may be civil or criminal recourse. But a bunch of ramblings about “Dan” getting arrested are not likely to be taken seriously. You need to show that “Dan” has likely violated the law, and the penal code at that. Penal law being narrowly construed, you need to at least put forth enough evidence to convince the authorities to do an investigation.

    With regard to civil wrongs (tort or contract) you have a lower burden, and you can initiate a civil action by yourself or with other people. But you really should have an attorney to represent you.

    Not what you wanted to hear, but Anwar, dats sadat.

  • Eric and Brandie Richard

    We have been “taken” by Elite and Cuppy’s as well. We signed a Franchise Agreement with Cuppy’s, sent a deposit of $35,900.00 to Elite of which $15,000.00 was paid by Elite to Cuppy’s as our franchise fee. We were unable to obtain financing, and upon requesting our money back from Elite, they offered us the ever-popular installment agreement. We agreed, as we thought it was the only way to get at least some of our money back. Their contracts were written so craftily, that they knew they could scam people out of the franchise fee in any situation. Next month should be our last installment payment, however, Elite is more than $12,000.00 behind in payments. Some say that we are fortunate to have received ANY payments from Elite…

  • Denny Le Fevre

    I would like to get in on any class action law-suit. I am owed over $25K.

  • Clyde Tolson

    Sean previously posted the contact # for the FBI office which is dealing with Cuppy’s complaints. You should speak with them. This was one giant scam, from Snowden thru Morgan and now Nabors.

  • http://www.franchisepick.com/about/site-policies-guidelines/ Chris

    David and any other vets out there drop me a line at [deletion]. I have an idea that may work to get the word out and get our money back. It’s not about the money anymore I just want them to go to jail!!!

  • Chris

    I just submitted an e-mail to the local news channel in the area where they are now. Here is the link if anyone else wants to do it.

    http://www.whnt.com/Global/story.asp?S=214960&nav=menu108_6_1

  • On Tract

    Legal battle #1 has been won. They HAVE to come to my State for Court, so ruled by Judge.
    Court will be soon! Cuppy’s and Elite will have to face off and explain many things. Will be interesting to hear their story in Court, why they ripped so many people off. Will keep you posted.

  • jd

    On Tract:

    Can you tell us which state that is?

  • Chris

    I’ve talked to the FBI today in Alabama. They said if you are a victim of Fraud to contact them at birmingham@ic.fbi.gov. Make sure you include details including the names of the idividuals involved in stealing your money. This is a government agency so don’t rant and rave about them just tell them the facts.

  • On Tract

    jd:
    As new as this is, I don’t want to show “them” my hand. my point to all going forward with litagation against Cuppy’s/Elite is that their “so called” contract wording about “Florida rule” does not hold up and didn’t. this IS important to get this information out as it should hold in plaintiff’s favor in any state to which you want “them” in court. when i can tell more, i will, to assist the many who have been defrauded.

  • Denny Le Fevre

    Thank you for the FBI address. I sent my information to them.
    Denny Le Fevre, Cocoa Florida

  • Beth & Joe Ogonowski

    Well, here’s another unsatisfied franchisee. We were expecting to begin receiving our “installment” payments from Elite last month, but of course didn’t, and now Danny Jones is no where to be found. All phones have been disconnected at both Elite and Cuppy’s. We found a website for Elite-Manufacturing and had a couple of emails from the Pres, Gene Schlinder, who reports that no one by that name works there, never has, and we have the wrong company. We are also looking into filing a class action. Any help out there?

  • Chris

    Ok I got a response back from the FBI. They told me that since I signed the contract to get my money back there is nothing you can do about it. I also talked to a friend of mine who works in law and she said it would be better if we each sue them by ourselves but make sure each person who sues them and wins keeps in touch so they can testify for the next case. If we do it that way we can get your money, the money for your lawyer, and they would have to pay you extra (can’t remember what it was called) because they were dishonest with you.

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  • Chris

    OK since their phones have been disconnected and no one seems to want to help. I have an appointment with a lawyer this Thursday. I don’t care if they go bankrupt…they stole from me and the thieves shouldn’t be in business.

  • Anwar

    Hi,
    Any one get any court hearing date or Judgment , please update us, also do not forget to include every one in the law suit such as Morge and all previous sales representative … and every one on Elite.
    also I think Dan Nabors is on this blog and reading every one email under a hidden name

    thanks

    AM

  • Jeannette Rumsey

    yes they owe me 20k

  • Jutta

    We have been unsuccessful as well trying to get our money refunded. Sometimes I just want to forget about it and cut my losses, but then I get all frustrated because we gave them our savings and we are struggling so much. I have written to Dale Nabors but never received a response. Phone calls to Elite/Cuppys and E-mails in the past were either ignored or answered with promises to pay. They never came true. This has been going on since early 2007, almost two years!

  • SBT Update

    Dale is not responding because he transferred the build out contracts to Brian Hayes at SBT. The build out contracts were the only thing Dale had that was really worth any immediate cash.

    Brian is calling and trying to see if anyone has any money left so that he can get that money.

    Dale is defaulting on the other lawsuits. He only settled with Brian. What Brian knew about Dale that got Dale to turn over the build out contracts is not clear. But Brian is the only one who got a settlement, and SBT discontinued the suit against Dale.

  • http://www.franbest.com Sean Kelly

    Morg Morgan’s friend and ex-partner at Slender Lady has died:
    http://www.unhappyfranchisee.com/2008/12/slender-lady-founder-bruce-sharpe-has-died/

  • Chris

    Has anyone found out what state Cuppy’s/Elite/Medina/Fransynergy, or whatever they are called now, have assets in? I talked to a lawyer and he said we need to sue in those areas so we can sell off the company to get compensated. He also said to make sure you put everyone in the lawsuit that way you can go after their personal property as well. Oh and Elite has been withdrawn as a company in Indiana back in July
    https://secure.in.gov/sos/bus_service/online_corps/view_details.aspx?guid=34B92418-C20E-47FC-AF23-3584D50E6D93

  • Tony Scalia

    Chris: you can sue anywhere and take your judgment to a sister state and the court will (with rare exceptions not relevant here) permit you to attach assets in that sister state.

    Where you bring suit is a function of several things, not least of which is whether your contract has a venue selection clause.

    Simply naming people in a suit does not mean that you get a crack at their personal assets. Way too complicated to go into here, but normally you can’t (for example) take Dale Nabors’ house just because Elite Mfg breached a contract.

    In the case of this particular mess, you may very well be able to pierce any corporate veils and go after personal assets. But it is a job you should leave to the pros, this is not the type of thing most people can do pro se.

  • Javier

    Yes they own me 40k any one know about any lawsuit .

  • http://N/A Hassan

    About 5 months ago I hired an attorney to file a lawsuit against Cuppy’s/Elite. They owe me 39K. I am now awaiting the judgement. If any one is interested, please email me [site policies] and I can provide more info. We should all file a class action lawsuit against these crooks. Look forward to hearing your commnets.

    [Hassan: See site policies. please email me at unhappyfranchisee[at]gmail.com for info on exchanging emails]

  • http://ni1224@att.net Nafesa

    I invested in Cuppy’s/Elite last year and put a down payment of $2,000 and was supposed to come up with more later but I got pregnant with twins and was unable to pursue the franchise. since then I have been trying to get my money back with no avail. Danny Jones sent me a settlement for $1.500 and said that the $500 they were going to keep for admin. fees but then didn’t send money at all and now every number and contact that I have from Cuppys and Elite doesn’t work. Anyone, please help, I know it doesn’t sound like alot of money but it is to me and my family, I really need it and I don’t want them to get away with robbing me.

  • http://www.franbest.com Sean Kelly

    Nafesa:
    What month & year did you send in the $2000?
    When did Danny Jones promise you the $1500?
    I’ve never heard of them taking such a small deposit. Most gave deposits of between $28K and $58K, with one at least over $100K. Unfortunately, most of them have not been able to get their money returned either.
    I wish I had better news to share.

  • Doug Banker

    Like all the other I have read on your blog, I, too, have been defrauded by Cuppy’s & Elite. Put up franchise fee to Cuppy’s of $12,500 and Deposit with Elite of $46,000 with written guarantee of refund if financing was not obtained. Financing was not obtained, but I have never seen a dime of a refund from either of these SOB’s. Received a letter from the State Attorney’s Office, Florida indicating that a preliminary investigation into charges of criminal fraud has begun against Cuppy’s / Elite. There apparently are 42 names on the complaint of other potential victims of Cuppy’s / Elite supplied by the BBB. The State Attorney’s letter suggests I obtain private counsel to seek remedies. I live in and the franchise would have been in Georgia. Can anyone recommend a lawyer that already has a suit against Cuppy’s / Elite , maybe one doing a class action against them? Don’t really want to waste any more money going after these jerks (Cuppy’s/ Elite), but might make me feel better if I help put them in jail.

  • Chris

    Doug
    I have 4 of us so far getting together to get one started soon. You can contact me at aandchot@yahoo.com. On the letter did it have good contact info? I submitted complints with both the FL Attorny General and the BBB. I’ve not recieved a letter from them and want to make sure I’m in there records…I want to fry those bastards for take my life savings!!! When you do talk to them make sure they involve Fransynergy and Medina since they owned Cuppy’s and Elite.

  • Chris

    Sorry had some misspelled words in my blog I just submitted…every time I think of those people my blood starts to boil and I start rambling…

  • Chas

    The State Attorney of Florida sent me a letter. Basicly it states that they are refering our complaints to the Dept. of Ag. & Consumer Services, Office of Ag. Enforcement, 6095 Old Bagdad Hwy, Milton, Fl 32583. I recommend that all who are owed money from Cuppy’s and Elite contact this office with your complaint/info. The State Attorney refered the registered complaints (42 names on letter) to the above office for investigation into a basis for a criminal investigation. So all who are owed money, do yourself the favor of contacting this office and make your complaint known if you have not done so already. Let’s make waves, NOW! No phone number was give in the letter for Dept of Consumer Services. Google search offered two numbers: (in FL) 800-425-7352, (out side FL) 850-488-2221. But I’m not sure these #’s go directly to this office. All, contact the Office of Consumer Services, NOW. Let’s at least put these crooks in jail. AND THEY ARE CROOKS, CUPPY’S AND ELITE! They are dismissing their lawyer’s to avoid litigation. Side Note: Cris Menz. Your name is on my letter as a Complaintant. Did you get the letter?

  • Chris

    I’m a different Chris
    Anyway, I found the # direct its (850) 983-4550

  • Michael Hillegas

    Remember to look at Funding Solutions LLC. They funded a hundred loans for this scam and claim they did not know anything until PNC bank cut them off and called the feds.

    Funding Solutions LLC is still around, is easy for a process server to locate, and has money. That is more than can be said for Robert Morgan, Brian Hayes, or Dale Nabors.

    Does anyone know how the SBA Inspector General investigation is going?

  • Jutta Vermeulen

    We too received a letter from the state attorney of Florida. There is no way we can afford legal representation but I will continue to write to and contact whomever I can. It is my hope that people who are looking into this franchise business will be wise to research and stumble upon all these negative comments.

  • hassan

    This for Mr doug BANKER ,if you seeking for a lawyer,this is the one I hired, Mr johnson Richard,phone number [deleted per site policies http://www.franchisepick.com/about/site-policies-guidelines/ Include a website link if you'd like]

  • Chris

    I found a lawyer whom may be interested in doing a class action against Cuppy’s, Elite, Fransynergy and Medina. They want as many people as possible whom has been taken advantage by this company to give them a call.
    Aylstock, Witkin and Sasser
    1-877-810-4808

  • Chris

    Also, if anyone has any information pertaining to their practaces (such as ex employees) they would also like to talk to you.

  • Jutta Vermeulen

    Thanks, Chris. Will do.

  • http://www.franbest.com Sean Kelly

    I understand that there are at least two other attorneys who are up-to-speed on the situation and interested in talking to victims of Cuppy’s Coffee. One is Dady & Garner in Minneapolis. The other is:
    Alejandro Brito, Esq.,
    & Melissa Bernheim, Esq.
    Zarco Einhorn Salkowski & Brito, P.A.
    100 S.E. 2nd Street
    Suite 2700
    Miami, FL 33131
    Tel. (305) 374-5418
    Fax (305) 374-5428

  • Chris

    The POC at
    Aylstock, Witkin and Sasser
    1-877-810-4808
    is Mr D Thornburgh

  • http://www.franbest.com Sean Kelly

    Someone posted the contact at Dady and Garner at UnhappyFranchisee.com:

    Scott Korzenowski 612-359-5486 at Dady & Garner

    http://www.unhappyfranchisee.com/2008/09/cuppys-coffee-list-of-locations-status/

  • http://sussanlane@ymail.con sussanlane

    I too am on the case 4607FR000060A. Was told all the same lies. I lost 100 thousand. Had my own funding, proptery-permits and site plan. AND no one from Cuppys,Eltie… could be found. I will be calling every lawyer that has been mentioned.

  • Jutta Vermeulen

    We called Mr. Thornburgh yesterday. Let’s see what happens.

  • http://sussanlane@ymail.con sussanlane

    please let me know- seems funny that there is new Cuppys opening,but no one can be found!

  • http://www.franbest.com Sean Kelly

    Cuppy’s Coffee: Who’s suing them now
    http://www.unhappyfranchisee.com/2009/02/cuppys-coffee-whos-suing-them-now/

    Please add any status updates or contact information to that post.

  • Mauricio Cordova

    I would like to talk to anyone interested in Sueing this people. I’ve beed swindle 30.000 dlrs and if we can do some kind of class action lawsuit ple e- Mail so we can all join to do this.

  • javier

    Im in. we all need to stop this.

  • http://sussanlane@ymail.con sussanlane

    I`M ALSO IN. i`m mad as heck, and we can stop this!

  • Sheri

    Please tell me if there are any Cuppy’s stores still open and what they may be doing for product?

  • Chas

    Sheri,

    My attorney researched open Cuppy’s. He says that there are open stores. What they are doing for product is unknown. Maybe they are buying their own supplies. Don’t really know the answer to this. Another question: Who is collecting the franchise fee’s? and where is it going?

  • Jutta Vermeulen

    Just wanting to check who all is going with Aylstock, Witkin and Sasser. We received the paperwork to sign.

  • Chas

    My attorney and i will be in court in April against Cuppy’s/Elite. If Court can get to our case then. We believe we will. Judge has ruled to hear the case even without Cuppy’s/Elite represented. Apparently Cuppy’s/Elite have fired their lawyers for suits thinking this would give them an advantage. NO GOOD. My attorney pitioned the Judge to go forward without them. The Judge did and he will decide. It’s been a long battle. But my attorney is good and on top of this. Cuppy’s/Elite had a law firm. But now the firm has informed us they have been removed by Cuppy’s/Elite.
    Has anyone heard more from the Lt. Attorney General in Florida concerning turning this over for criminal proceeding? I called and they have not returned my call.

  • Charles

    Sean Kelly / all owed money by Elite/Cuppy’s.
    I said i would have my day in court against Elite/Cuppy’s and report to all concerned. I’m keeping that promise. I went to court (local, my state), 4/09/09.
    Bottom line, Judge’s verdict. Elite’s contract, null and void, misleading, and fraudulent. Elite’s contract was/is therefore, not reason to hold OUR/my money by Elite or Cuppy’s.
    My case was fully supported against Elite/Cuppy’s by the Judge and an order was given per Judge/Court to recoup my deposit, attorney fee’s, other against Cuppy’s and Elite.
    Point here is: we did NOT have to go to Florida Court per contract. A good attorney will find previous cases to override having to go to Florida courts. Mine did.
    While i am happy with the Judge’s verdict, NOW we still have to get the money. We have two possibilities according to my attorney. I can’t go into detail at this time, however, if anyone can post all the present active franchises operating state by state, please post them for me. Or, if you know a current address for either Cuppy’s or Elite. Thank you.

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  • http://franchisepick clifford yeager

    We also need to be paid the money that they owe us as well. And have a contract. what can be done? C.Y.

  • Chas

    Is there no more info or comments concering Cuppy’s and Elite? Is everyone happy not getting their money back?

  • http://www.franbest.com Sean Kelly

    Chas:
    Have you been following the Cuppy’s stories at http://unhappyfranchisee.com? There are a number of franchisees actively pursuing the company and refusing to give up. While they know that seeing any actual money is a longshot, they are determined not to let this story go away until some justice is brought to bear.

    Check out the story posted today on Alicia Benefield http://www.unhappyfranchisee.com/cuppys-benefields-get-press/ and the video of franchisees confronting Dale Nabors on the courthouse steps.http://www.unhappyfranchisee.com/cuppys-franchisees-confront-dale-nabors-video/

    Leaving comments on these posts will help serve as a warning to future potential victims of these individuals or others like them.
    http://www.unhappyfranchisee.com/cuppys-coffee-overview/

  • sammy bouqfa

    hi: I get jugement against cuppys/elite from FLORIDA COURT,now am ssking for a lawyer in ALABAMA STATE for collection if somebody knows something let me know please.

  • Chas

    I have gotten a Court verdict in PA against Cuppy’s/Elite. It is in my favor and award to collect per a Judge. However, I need an address or phone number for a location they may still have somewhere, to serve on them. Does anyone have any info at all concerning a location for Cuppy’s/Elite? Are they a ghost comapany now? Franchises still in business, are they sending fees to an address? Any help would be appreciated. Thanks
    Chas

  • Chas

    I too have gotten a judgement against Cuppy’s/Elite. Now I have to find them to collect. Court approved and judgement against Cuppy’s/Elite. Is there any info where to find them? Address, anything? Otherwise, lawyer fees to pursue sueing them is useless. My attorney took this all the way to local court, got a judgement against Cuppy’s/Elite, but we have to know where they are to pursue collection via judgement. Is anyone having any success with law suites against Cuppy’s/Elite? please contact me or leave post.

  • LouAnn Millard

    Yes, they owe me money. My husband would purchase the gift cards for me and would put generious amount on their for me. He did that just a couple of weeks before the Cuppy’s in Rockford Il closed. No one said one word, and it sounds like this is something that had been going on for a while. I really enjoyed them, and would like to know if their is anything that can be done for the lost amount on the card?
    Thank you,
    LouAnn Millard

  • Suzanne Haughwout

    They owe me $37,000

  • bill king

    Does anyone know of a class action against Cuppys?
    What is the latest news?

  • hassan

    how the new cuppys coffee open again while she still owed people money???

  • Chas

    yes