Tuesday, 11 June 2019

Lyoness Refunds Now Available From (VKI) Austria

(updated 30th June 2019)

There's now another way to obtain a refund from Lyoness, and this refund method also gives you back interest on your Lyoness losses.

Affiliates have until January 31st 2020 to claim their refund.
Please contact the Austrian Association for Consumer Information (VKI) 

Association for Consumer Information (VKI)
Linke Wienzeile 18
A - 1060 Vienna
Phone: 01/588 770
Fax Consulting: 01/588 77-71
Fax Management: 01/588 77-73

Agreement between VKI and Lyoness - consumers get money back

Until 31.01.2020, other victims can contact the VKI

The Association for Consumer Information (VKI) has represented numerous consumers against Lyoness since the summer of 2017. The basis for the fundraising campaign was a procedure won by the Supreme Court (OGH) on behalf of the Ministry of Social Affairs, which went against clauses in the General Terms and Conditions (GTC) of the years 2007 to 2012 to the? Extended membership benefits? taught. Now a settlement solution could be reached together with Lyoness. Lyoness reimburses the participants the amounts paid plus interest less any membership benefits. Affected persons who have not yet participated in the collection campaign can contact the VKI until 31.01.2020. The mere participation in the shopping community is not affected by the collection campaign.

In July 2017, the OGH declared numerous clauses on so-called "extended membership benefits" to be intransparent and ineffective in the collective action brought by the VKI with the support of the Ministry of Social Affairs. According to OGH, the terms and conditions and the additional terms and conditions (ZAGB) from the years 2007, 2008, 2009 and 2012 were formulated unnecessarily difficult to understand. The voucher payment system also classified the OGH as intransparent.

According to VKI's legal opinion, this decision also removed the legal basis for consumer payments to Lyoness.

As a result, the VKI started a collection campaign so that the affected Lyoness customers could get their cash back. After extensive negotiations, a settlement could now be agreed. Lyoness will reimburse consumers with contracts based on the 2007 to 2012 terms and conditions. Any membership benefits received (eg the Friendship Bonus) will be deducted. From the balance, consumers will receive an additional four percent interest per annum for three years.

The VKI welcomes the agreement: "For many affected consumers, this comparison is a sensible way, which saves them from having to go to court," says Mag. Ulrike Wolf, Head of the Collection Department, Legal Division. The agreement is also viewed positively by Lyoness: "We have always been and continue to strive to find solutions in the interests of our customers."

Anyone who has missed the deadline to register for the collection campaign, can later by 31.01.2020 at the VKI under the service e-mail report. "We are pleased to enable other consumers to come up with a settlement solution," explains Wolf.

Change of the terms and conditions
Already in 2014, the contractual basis of Lyoness was changed. These new agreements (for Lyoness members on the one hand and for entrepreneurial Lyconet Marketer on the other) were not the subject of the OGH decision. The cross-industry and cross-border cashback and customer loyalty program is also unaffected.

The current settlement solution also applies to those consumers who have only switched to the terms and conditions for Lyoness members in the 2014 version. No agreement could be reached for those Lyoness members who have accepted the so-called Lyconet Agreement for independent Lyconet Marketers. For them, the comparison described does not apply. In individual cases, however, according to the VKI, there could also be individual solutions here.'

A message from Ben Ecker regarding the current refunds from Lyoness:

Dear Lyoness members & all parties concerned,

We have compiled a number of questions that have been put to us in respect to matters pertaining to Lyoness, respective court judgments and the processes in which we are able to successfully lodge and execute claims for Lyoness victims in Australia and elsewhere throughout the world.

We trust that the information in this email will be instrumental in helping you and further parties understand part of the legal process in which we are reclaiming money back for Lyoness victims.

In the final paragraphs we make reference to comments made by Lyoness employees Chris Thomson (U.K) & Jeff Rowlison (AUS) which I have lodged formal complaints to the U.K Fraud Police and the Australian Consumer Competition Commission (ACCC) in respect to serious fraud allegations.

I am very pleased to announce that more Australian settlements are being paid each week as we proceed and we will continue to support the members in the successful lodgement and settlement of further claims until such time that all members claims have been lodged and settled.

Please find the questions and answers below.

1/ My understanding is that you are lodging claims on behalf of Australian victims under the Austrian (Commercial Court of Vienna) Court judgement relating to '61 clauses of the Lyoness T&C's 'Null & Void' in favour of all victims across the world, including Australia.
Does this judgement only relate to the T&C's for 2007 to 2012, or all periods 2007 to 2017?

Yes, the Austrian Supreme Court’s ruling on the Terms and Conditions only refers to the Terms and Conditions of 2007–2012.
The sixty-one invalid points in the Terms and Conditions are only part of my legal reasoning; the many rulings and classifications as a pyramid scheme in Austria and Switzerland, the ban in Norway, a court case seeking a ban in Italy and related assessments also played a role. The “Schlüssel zum Erfolg”/“key to success” cession is generally included in the claims case.
I have been uncovering fake business alliances and collaborations claimed by Lyoness and widely publishing my findings for years, which has earned me a certain reputation at Lyoness. Unearthing and publishing Lyoness’ fake MasterCard Partnership has left its mark on Lyoness up to the present. The court has been dealing with a lawsuit against me in this regard for three years, and has become a source of hilarity for the lawyers as Lyoness has been delaying a ruling on its own suit with all sorts of excuses – they cannot win as that would mean proving that they aren’t a pyramid scheme.

The way I approach a Lyoness case depends on the amount at dispute and type of claim; I usually try to reach an out-of-court settlement first, but this is usually only possible for smaller amounts.

2) Are there new proceedings filed against Freidl in the Austrian Courts, after he paid a penalty, but no judgement yet?

Unfortunately not. Hubert Freidl moved to Monaco when the lawsuit against him for breach of prospectus liability was announced. He should not be the direct target, we have to dismantle his company bit by bit, uncover the company’s lies and bring the matter to the media.

3) Am I correct in saying that T&C's for the period 2014 to 2017 are not included under this judgement in 1) above and fall under other judgements in other Austrian Courts?
If this is the case, does these judgements allow injured members/ merchants to successfully claim refunds through you?

Yes, this is correct. Austrian courts have condemned the Terms and Conditions from 2012–2017 several times as intransparent and obscure.
Graz Regional Court for Civil Matters found for the applicant in Case No. 5 R 212/16g on 18 January 2017 as follows:
The appeal raised by Lyoness is inadmissible, as is a revision of the ruling according to the Code of Civil Procedure (ZPO) §502 para. 2. This judgement is final.

Extract from the reasons given in the ruling (Page 4):

“The system established by the defendant that takes substantial payments to redistribute, retain and distribute them again is impenetrable and obscure. The plethora of terminological definitions in the Terms and Conditions and Supplementary Terms and Conditions play a role in this, with meanings that are difficult or impossible for members to understand and could not be established on the basis of the documents. The applicant’s claim for repayment of the amount paid was based on the nullity of the legal transaction concluded between the parties according to of Austrian Civil Code (ABGB) §879 para. 1 as the case involved an illegal pyramid scheme according to Austrian Commercial Code (UGB) §2 Annex Z 14. Moreover, the respondent based the contractual relationship solely on the respondent’s incomprehensible Terms and Conditions. These are void according to Austrian Civil Code (ABGB) §864a as they include objectively unusual provisions that significantly differ from the expectations of the other contracting party, who should not be required to anticipate such provisions under the circumstances. The Terms and Conditions also include grossly discriminatory provisions that are null and void according to Austrian Civil Code (ABGB) §879 and Austrian Consumer Protection Act (KSchG) §6 para. 3. The Terms and Conditions of 2014 did not become the basis for the contractual relationship according to Austrian Civil Code (ABGB) §864a. Moreover, these Terms and Conditions are void as they violate moral standards and lack transparency. Further, the applicant declared acceptance of the Terms and Conditions of 2014 in error due to lack of disclosure or deception on the part of the respondent. The applicant also exercises the right to premature termination of the contract for cause, or in the alternative, to terminate the contract, thus justifying the claim for repayment.”

“Moreover, the court of first instance considered numerous clauses to be void on their own merit and collectively according to Austrian Civil Code (ABGB) §879 para. 3 on the grounds that they limited the right of customer to a refund of down payments or part payments already made in an objectively obscure fashion and especially for reasons largely at the discretion of the respondent, which are not only obscure but also grossly discriminatory against the customer. Whether the new Terms and Conditions for Lyoness members issued in November 2014 and the Lyconet agreement in the version of November 2014 ever became part of the contract according to Austrian Civil Code (ABGB) §864a is moot. All provisions in the T&Cs limiting or excluding a customer’s right to a refund of down payments or part payments already made on termination of the contract were just as grossly discriminatory and intransparent as those in the previous versions of the Terms and Conditions.”

4) Is there a Court judgement enabling injured members to lodge successful claims under the T&C's for 2012 to 2014?

Yes, this is possible.
There have been some corresponding rulings depending on the investment in Lyoness (cloud, country packages etc.) It would be advisable to pursue this case in Australia and involve the respective authorities.

In response to the message from Chris Thomson:

What he writes is utterly irrelevant. If there is anything I’ve learned from Lyoness, it’s that nobody should ever enter into a written or verbal argument with them. They always twist and misrepresent everything afterwards. This message looks almost desperate, and clearly demonstrates that he isn’t one of the “fat cats” at Lyoness.

I certainly wouldn’t take the matter further as success always trumps any argument. How did this Chris Thomson actually get to contact you, and why do you feel the need to respond? This individual doesn’t contact me.

Finally, I can assure you that I’ve already had enough of dealing with Lyoness. This Chris Thomson or Mr. Rowling are insignificant and not worth the bother. -

Mit freundlichen Grüßen / kind regards

B. Ecker

BE Conflict Management Inc.

Saturday, 1 June 2019

Ex Lyoness (Australian) MD Craig Wotton Gives Out Refund Information

Ex Lyoness MD Craig Wotton has recently contacted Lyoness Australian members with information on how to claim a refund from Lyoness.
The refunds are being obtained through Ben Ecker at BE Conflikt Management and apply
to everybody, world-wide, not just Australia.

Craig is particularly interested to hear from anybody who has obtained a refund and is willing to give testimonial, as Lyoness are still insisting these refunds aren't taking place.

Lyoness Claims: Updated Claim Forms, Settlements & Relevant Information
Dear Lyoness Members,

I would like to congratulate all of the parties that have received successful settlement payouts this last week, and it would be greatly appreciated if more members would be willing to record testimonial videos to send through to us once you have successfully received your settlement, it will certainly help more members make the decision to move forward to reclaim their money back via BE Conflikt Management in Austria.


Lyoness Claims: Former Lyoness Australian Managing Director Craig Wotton

Lyoness Claim Testimonials: Big John Pizza Owner (Sydney Australia)

Lyoness Claim Testimonials: Michael Azimos (Melbourne Australia)

BE Conflikt Management have moved into new offices in Vienna (Austria) in addition to opening brand new headquarters in Miami Florida to accommodate the increasing demand of injured parties in the United States and surrounding regions.

Please use the updated claim forms attached to this email for all future member claims if you or any other effected parties are completing your own claim forms and if you have contacts in the U.K, Europe or the U.S.A I will provide you with the relevant claim forms for these markets upon request.

For members needing assistance putting claims together I am more than willing to assist with any parties that need help so please feel free to pass on my contact details to further injured parties.


We have noticed that members that have agreed to new terms and conditions have had their invoices removed from their member back office reporting systems making it difficult to calculate what are the correct claimable sums, if you or any of your constituents are in this situation we will have no option other than to rely upon bank statement to prove money that has been paid to Lyoness as supportive evidence in respect of claims.

Please make sure that you have saved all of your invoices that you rely on for your claim in a folder on your computer or even print hard copies in the case that there is any dispute over the amounts claimed, we have been asked in some cases to produce supportive evidence in respect to certain members claims.

If your account has been terminated we are still able to lodge your claim, we do not acknowledge account terminations the money in your account is your money and is claimable.

Any network marketing companies that allegedly steal commissions and entitlements do not deserve the right to continue on benefiting from your downlines and I have always been of the view that such terminations would constitute beaches of the Australian Consumer Laws particularly those that relate to unconscionable conductunfair contract terms and in other instances anti-competitive behaviour.

I was contacted by a member that has had their account terminated and or blocked by Lyoness on 2 separate occasions, the member in question advised me that they lodged official complaints to the NSW Fair Trading office of which Lyoness quickly reopened there account, I note that this member has over $100,000.00 invested in there Lyoness account which is just outrageous that Lyoness would have the hide to allegedly attempt to defraud this member out of more than $100,000.00.

I have not seen conduct like this in the 28 years that I have been involved with the direct sales industry!

Last Monday night Derek Miller conducted another excellent webinar broadcast revealing further findings that is well worth watching, I have tremendous respect for Derek and his partner Carolyn Philips for the leadership that have shown to the network of people that have followed them for many years believing in Lyoness and are now helping their team realize the incontrovertible truths regarding Lyoness.

Last Monday night’s Star’s Mastery Webinar can be viewed publically on You Tube by following this link:
(I would suggest that you subscribe to Derek Miller’s Stars Mastery You Tube Channel to receive alerts each time new content is uploaded)

It is well worth following Ben Ecker’s media releases from the websites of BE Conflikt Management and Social Media pages by following these links:

I would again like to commend Ben Ecker on the work that he is doing for now thousands of claimants from many different countries around the world and we will be standing totally committed to each and every one of you until the very last member that wishes to has successfully lodged and settled their claims.

That is our commitment to you!

Kind regards.'

Documents related to claiming your refund are all available here: