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86-year Old Victim of Park West Gallery, Park West at Sea and Celebrity Cruise Line Art Auction Fraudulent Misrepresentation and Deceptive Trade Practices

Mr. & Mrs. John Pfingsten

86-year Old Victim of Park West Gallery Art Auction Fraud, Mr. and Mrs. John Pfingsten

(This is another in a series of many case studies of reported fraudulent misrepresentation and deceptive trade practices at art auctions conducted at sea on cruise ships and the subsequent refusal by Park West Gallery to provide customer services support. This one involves an 86-year old passenger on an anniversary cruise on the Celebrity Millennium.)



Passenger / Customer

Mr. & Mrs. John Pfingsten of Tampa, FL.

Cruise line and ship and details of the cruise

Celebrity Millennium, February 2008.

Park West Auctioneer

Natali Kenyon.

What was bought?

Over 30 pieces of artwork in total from Park West, not all on this cruise.

An example of the purchases was a Peter Max print from his Patriotic series, Five Liberties and Flag, appraised internally by Park West for $6,200, sold to John Pfingsten for $3275. According to information provided by a source inside Park West, the cost of this print to Park West was between $380 and $680.

Details of the Purchase

The story is told by the Pfingstens' daughter, Suzanne, who has a power of attorney for her elderly father and who has tried and tried, so far in vain, to help her parents resolve their situation. Following is her general write-up of the case and all relevant documents.


 

To begin, my parents have been on a number of cruises in the past and have ordered and fully paid Park West Gallery over thousands of dollars for a number of art pieces.

My parents' last cruise was in February, 2008 and my father said he does not recall ordering 21 pieces of art. He does recall having a full champagne glass during the auction.

Park West communicated with me that my father is a valued customer. If my father was a valued customer, why have I been fighting for over one year for a resolution to the below matter?

It is hard to believe that after all the money my father has paid Park West Gallery for prior art, they cannot work with my 86 year old father.


 

She wrote to Park West customer services, hoping to get help:

Letter to Park West Gallery customer service representative, Laura Maki, on behalf of John Pfingsten


Following this letter, Suzanne says she has had numerous conversations with customer services representatives at Park West, including Laura Maki, Michael Snodgrass and Lisa Hershberger, and sent them letters via certified mail. She states that the customer services representatives were argumentative and refused to work with her and her father. Nothing has been resolved.

Suzanne did some research on the Internet and wrote to Fine Art Registry describing the situation and asking for help:

My 86 year old father, John Pfingsten, Sr., has been victimized by Park West at Sea.

Shortly after returning from his last cruise in February 2008, aboard the Celebrity Millennium, shipments of artwork started arriving daily. My father does not recall ordering any art but does remember his glass being continually filled with champagne.

When I called Park West Gallery, I was informed my father ordered $11,276.00 in art. I almost had a heart attack. I asked to cancel the remaining art and was told "All Sales Are Final." In addition, they stated they could not cancel any pending items. I immediately cancelled the credit card (Park West Collector's Card/GE Money) and did some research on the Internet. I was totally appalled with all the complaints involving Park West Gallery and Park West at Sea.

I filed a complaint with the FTC (Federal Trade Commission) on June 11, 2008, Reference #19276096 and received a certified letter back from them.

Park West Gallery continues to solicit my father via direct mail and by phone. My father is elderly and cannot afford to pay over $11,000.00 for overpriced art he never ordered.

I plan to file a complaint with the Attorney General in Florida, Michigan and Delaware, the cruise line, the Economic Crimes Division with the Sheriff's office and with the Florida Banking and Finance.

I have never heard of buying something on a credit card that could not be returned.

Please contact me on my father's behalf, due to me being his Power of Attorney.

Thank you in advance for any assistance,

Suzanne Pfingsten CAM, ARM, HCCP


She later told Fine Art Registry® that her father had been led to believe by Park West that the art they sold was a good investment.

Next, on the suggestion that they might be able to help her, Suzanne wrote to Royal Caribbean, who own Celebrity Cruises, asking for their help.

March 5, 2009
Corporate Guest Relations
1050 Caribbean Way
Miami, FL 33132

To whom it may concern:

My 86 year old father, John Pfingsten, was victimized by Park West at Sea. He was aboard the Celebrity Millennium around February 2008 where art was sold under fraudulent misrepresentation and deceptive trade practices. Basically, my elderly father was taken advantage of by Park West Auctioneers aboard your ship.

There are a number of class action law suits against Park West Gallery and Park West at Sea, are you not aware of this? I am curious as how you continue to do business with this company, can you please explain? I am enclosing a number of articles for your knowledge concerning some of the many complaints concerning Park West at Sea and Park West Gallery.

I am enclosing my Power of Attorney paperwork for my father so I am able to talk on his behalf. Please call me directly via my cell phone at xxx-xxx-xxxx.

For your knowledge, I have filed a complaint with the FTC, the Attorney Generals for Florida, Michigan and Delaware, GE Consumer Finance, the economic crimes division with the Sheriff's department and with the Florida Banking and Finance.

Looking forward to hearing from you soon.

Thank you in advance,

Suzanne Pfingsten


Royal Caribbean/Celebrity wrote back disclaiming any responsibility for the actions of their chosen, contracted vendors, Park West Galleries.

The email correspondence which ensued after the above letter is shown here:

Royal Caribbean, Celebrity, disclaims responsibility for actions of contacted vendor, Park West Gallery

Royal Caribbean, Celebrity Cruise Line, refuses to accept responsibility for actions of onboard contacted vendor, Park West Gallery


Not much help to be had there.

She disputed the charges on the credit card with GE Money:

March 5, 2009
GE Consumer Finance
P.O. Box 981438
EI Paso, Texas 79998-1438

Re: Closed account of John D. Pfingsten

Account#xxxx xxxx xxxx xxxx

Please let this letter serve as a dispute of all the charges on this closed account totaling $11,276.00.

My 86 year old father, John D. Pfingsten, has been victimized by Park West at Sea. I have checked up on the art and it was all sold under fraudulent misrepresentation and deceptive trade practices.

Basically, my elderly father was taken advantage of by Park West Auctioneers. A formal complaint has been filed wjth Park West, Celebrity Cruise lines, the FTC, the Attorney Generals in Florida, Michigan and Delaware.

In addition to this dispute, I will be submitting your formal dispute letter that you are sending out.

I am attaching the Power of Attorney paperwork so you can talk to me directly concerning this account.

Please direct any and all questions to my attention. I can be reached via cell phone xxx-xxx-xxxx.

Thank you in advance,

Suzanne Pfingsten


There was an interchange with the Michigan Attorney General's office which included a letter written by Robert Goldman, attorney for Park West Gallery, in which he reveals Park West's lamentable attitude towards the whole case.

The interchange begins with Suzanne's complaint to the MI AG:

She also wrote similar letters to the AG Office in Delaware, where Park West is registered, and in Florida. The response from the Michigan AG office follows, along with the letter written to them by Robert Goldman, Park West's attorney. His response says worlds about his and Park West's attitude towards its customers and the art dealer's approach to doing business.

Pfingsten's letter to Michigan Attorney General's office regarding Park West Gallery

Michigan Attorney General's response to Pfingsten regarding Park West Gallery

Robert E Goldman, attorney for Park West Gallery, response to Pfingsten via Michigan Attorney General


Suzanne Pfingsten is extremely frustrated at the lack of cooperation and help she has encountered in trying to right the wrong experienced by her father. She has been in touch with responsible government agencies and will continue to try to get justice on this matter.

"This has consumed over one year of my time trying to help my dad resolve this matter. I’ve exhausted all avenues. I have a lawyer on retainer. I want every newspaper, TV station and talk show host to get this information out to the public so no one else is victimized by Park West. I would also like to see the cruise lines drop Park West as an independent contractor."

She would like to see the ongoing class action suits also help bring about awareness of the potential dangers.

Her advice to the cruise going public?

"Stay away from Park West gallery."


Fine Art Registry will follow Suzanne Pfingsten's progress in her attempt to right the victimization of her father by Park West. Their story will also be made known to local and national media and the authorities.


 

Read more articles: Park West Gallery Victim Case Studies


By Fine Art Registry®   |   July 18, 2009  |   Discuss Story on FAR® Forum   |   Print   |  

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