PARK WEST GALLERY REDEFINES CUSTOMER SERVICES

How do you deal with dissatisfied customers who demand a refund? Sue them!! And do what you can to silence anyone who tries to help them in their plight.

In a new fit of customer services zeal, the beleaguered Southfield, Michigan based art gallery has decided to deal with its dissatisfied customers by suing them for defamation and other trumped up allegations when they complained about and demanded refunds for art they bought which later was found by internationally renowned experts to be grossly misrepresented by Park West auctioneers and senior executives in terms of investment value and authenticity. At the same time, Park West continues to try to bully their critics and advocates for their victims into silence - when they find their silence cannot be bought - through a series of duplicate, frivolous lawsuits filed in different states.

Park West customer services have for some time been using veiled threats of legal repercussions in dealing with dissatisfied customers who contact them demanding refunds for purchases which their subsequent research showed to be misrepresented in terms of authenticity and investment value.

In docket 08-096952-CZ in the State of Michigan Oakland County Circuit Court, Park West Galleries, Inc., Defendant/Counter-Plaintiff/Third Party Plaintiff, accuses eight of its customers of defamation and other spurious charges as a counterclaim against these plaintiffs who filed suit against the beleaguered art gallery when it refused to refund them for art bought from the gallery which was later pronounced by internationally recognized experts to be fake and/or heavily overpriced and over-appraised. It also seeks to bring allegations against Fine Art Registry which are simply duplicates of the frivolous cases already filed in Michigan and Florida.

By suing its own customers when they complained and demanded refunds of the money they spent on art which they subsequently found was sold under misrepresentations, Park West has taken an unprecedented and unheard-of approach to customer services - a whole new way of dealing with complaints.

Imagine some reputable company today, faced by a request for refund from a dissatisfied customer who has spent a very large sum of money with them, not only refusing point blank to put the matter right but then turning around and suing the customer for being dissatisfied and finding out the product or its value was not what it had been stated to be by its salespeople! It’s unheard of and preposterous. Yet that is exactly what Park West Gallery, who claim to be the largest art gallery in the world with 1.2 million satisfied customers, is doing.

The case now hangs on the denial by Park West of opinions and findings of international experts on the subject of the authenticity and value of the prints they have sold, experts such as Robert and Nicolas Descharnes (the only experts relied on by Sotheby's and Christie's to establish the authenticity of the works of Salvador Dali before the world’s two greatest art auction houses will offer them at auction); Frank Hunter, Director of the Salvador Dali Archives, Ltd. of New York, internationally recognized expert on Salvador Dali's graphic works; and Kriminalhauptkomissar Ernst Schöller, a senior detective with the art and antiques crime department of the German state of Baden-Württermberg Landeskriminalamt, the State Criminal Investigations Department. Park West has failed to produce evidence by any recognized experts on the works of art they offer, but instead rely on Certificates of Authenticity and Appraisals produced in-house and signed by Albert Scaglione, owner of Park West Galleries, Morris Shapiro, gallery director, and Albert Molina, another company executive, (none of whom is a recognized expert in the art they are selling) and rely, in the case of the Salvador Dali prints they sell, on the authentications and appraisals of one Bernard Ewell, an appraiser who is unknown as any sort of expert on the authenticity of the works of the Spanish master.

While Park West is responding to customer complaints with suits, they have also opened themselves to federal investigation for possible mail fraud and raise questions of insurance fraud as customers base insurance policies and claims on appraisals which are grossly inflated, and certificates of authenticity which have been found to be false by experts. Questions about customs and excise as well as alleged criminal fraud have been raised by the claims against them and the complaints of many of their customers. Fine Art Registry®, who offer advocacy to victims of art fraud and misrepresentation, have so far received complaints and pleas for help from over 230 Park West customers and continues to receive such almost on a daily basis.

The attorneys representing the Plaintiffs in the case against Park West, Kaufman, Payton & Chapa, were shocked by the Park West counterclaim. Donald L. Payton, Partner of the firm said,

"I have read the answer, counterclaim and third party claim filed by Park West to our suit against them. The answer merely denies our allegations, but the affirmative defenses are absurd. Park West claims our clients have unclean hands, acted illegally and fraudulently when they purchased Park West's fraudulent art! The truth is they never should have purchased the art in the first place, but having done so, by then asking for their money back, they acted responsibly, not illegally.

"The counterclaim is equally ridiculous. Our clients did not seek out Park West to harm them. They were harmed by Park West and when they wanted a refund and filed suit when none was forthcoming, Park West attacks them! They were taken advantage of by Park West and it seems the gallery's defense consists of a ludicrous offense. Remember, the truth is a complete defense. Anything claimed by our clients in our suit will be completely proven.

"Lastly, the third party complaint is merely a rehash of the complaints originally filed by Park West against the same defendants in both Florida and Michigan. None of these third party defendants reside, work or do business in Michigan. So for that reason alone, the third party complaint will be dismissed. If not, the truth will prove Park West wrong again."

Jonathan Schwartz of the same firm said, "The counter-claims filed against our clients are completely baseless. This unfortunate intimidation and diversion tactic being practiced by the Defendant Park West Galleries, Inc. constitutes an additional attack and a re-victimization of the Plaintiffs in this case. Fortunately, our clients are all united in the conviction that they will not be bullied into submission by Park West. The Plaintiffs in this case genuinely believe that they have been wronged by Park West, and they will not relent in their pursuit of justice even when sued by a giant corporation like this Defendant, that has enormous amounts of money and resources. We look forward to presenting our case at trial, and vindicating the rights of our clients."

Sharon Day, one of the Plaintiffs and now Defendants in the case, who, together with her husband Julian Howard, were sold a set of Salvador Dali Divine Comedy prints by Park West Gallery director Morris Shapiro for half a million dollars, which were later stated by leading Dali experts as being of no value due to fake signatures, on hearing of the Park West allegations simply said, "The facts of our case speak for themselves," adding, "It is intriguing how Park West is trying to divert attention away from our documentary - which speaks for itself; this countersuit demonstrates how much they do not want the public to see the documentary."

Theresa Franks, CEO of Fine Art Registry said, "While Park West is generally acknowledged throughout the art industry to have highly questionable practices and many, many dealers and galleries will not touch the artwork purveyed by Park West, they have a history of threatening and bullying employees, partners, customers and anyone who objects to their practices, mainly with legal attacks which they can afford and which they use liberally. Someone has to stand up and say, NO! It's not surprising that they use the methods of retaliation and intimidation that they do, but the public is not fooled and neither are the government agencies which are now beginning to turn their attention on the company and its activities."

One hopes that Park West Gallery is an isolated example when it comes to customer services. The closest we have seen to this in terms of dealing with customers are those shady online traffickers of grey market electronic products, who, once they have enticed customers into buying their faulty, cheap products which end up being far more expensive than the equivalent bought from respectable outlets, bully their customers and refuse to give them their money back. At least they are only rude and unresponsive. This is the first time we have ever heard of any company actually suing its dissatisfied customers.

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