CONIFER, Colo. — In the foothills of Jefferson County, Acme Revival looks like any other small electronics repair business.
The 2,800-square-foot facility in Conifer is filled with electronics equipment and several white tables where repairs are done. However, Owner and CEO Logan Beck said most of those electronics are not currently being repaired — they are being stored.
"Some customers have a tendency to abandon their electronics," Beck said. "Most of the devices here are beyond the 15-day grace period."
In a news release last October, the company described the issue as "device abandonment," saying customers send their broken devices but once they get the diagnostic and repair quotes, they decide to not pay and say they don't want their item back.
Now, Acme Revival is suing dozens of its customers for unpaid storage fees, while some of those customers are fighting back in court, alleging fraudulent business practices that target online customers.
Watch Denver7's Wednesday report on Acme Revival — and what its customers say — in the video below.
"Well, I will first say that these aren't customers. Customers pay," Beck said, adding that 30% to 40% of customers were delinquent on payments. "It's called Acme Revival. We're trying to revive electronics, not dispose of them."
Beck said many of the devices contain personal information and it is difficult to purge the data.
On the other side, some customers have contacted Denver7 Investigates to say there is more to the story than customers not paying.
"I am very entertaining at Christmas time with this story," said Glenn Weber. "I call it 'Binocular Gate.'"
Speaking with Denver7 Investigates Florida, Weber's story starts with his favorite pair of binoculars.
"I believe I actually typed in 'binocular repair,' and Acme Revival showed up on the internet," said Weber, who shipped the binoculars to Colorado for repairs last summer.
But Acme Revival's website showed that the repairs were unsuccessful.
Weber wrote Acme, saying the company should "give away the binoculars," as seen on an email thread provided to Denver7 Investigates. A representative responded: "We can dispose of your device however you are still responsible for the diagnostic fee."
While Weber disputed the amount of the diagnostic fee, Acme responded to him in an email, writing: "You just did not pay within 15 days of notification that the repair was not possible. And also you are now being billed storage fees as you did not pay your bill."
The storage fee was $25 per day.
"It was probably $300 or $400 now for the binoculars that originally cost $300 to begin with, so I said I'm not going to pay them. This is insane," Weber said.
Hear more from Glenn Weber's experience with Acme Revival, and how he answered the door one day to find a lawsuit handed to him, in the video below.
The issue did not go away, though. In September, Acme Revival filed a claim against Weber, alleging unpaid fees. In October, court records show Weber attempted to mediate in court, but Acme did not respond.
His storage fee is now almost $5,000, according to his account on Acme's website.
He is in good company. Acme Revival has filed at least 85 cases in Colorado courts against both businesses and individuals, including David Leary in New Jersey.
Last May, Leary sent Acme Revival a broken projector that he uses for his work at a gymnasium for children with special needs.
"At the time on the site, there was no obligation. There was no 'Hey, you're going to pay this.' There was nothing," said Leary, who alleged in court records that the price Acme Revival quoted to repair the projector greatly exceeded its fair market value. "And then you write back, 'Yeah, that seems like too much. Please, if you wouldn't mind recycling it.' Then, they go silent."
Leary said initially, he had no idea he was being charged $25 a day in storage fees, which have now added up to $2,950, according to his account on Acme's website.
"We're regular people trying to go through a regular life with special needs children," Leary said. "So it's almost like the powers that be that are coming after this information and are hoping that you will just pay and walk away."
He said he also became concerned about sending his electronic banking information because the site did not accept credit cards.
"It's more for me about like, look, this is what happened. I'm asking people for help and guidance as to what to do, and then I'm just trying to stick up for myself. That's all," Leary said.
His attorney, Jeff Russo, working pro bono, is counter-suing Acme Revival in a New Jersey court, alleging fraud and theft.
In the legal complaint, Russo wrote: "The entire scheme is designed to leave unwitting consumers with the impression that they have no choice but to pay what amounts to an illegal ransom."
Russo said that after he filed the complaint, other Acme Revival customers began contacting him.
"I, at one point, was getting five to 10 phone calls a day from people all throughout the United States telling the exact same story," Russo said. "As we allege in the complaint, there's these hidden terms, which you really have to be hard-pressed to find."
In the video below, Denver7's Jaclyn Allen shares a warning with Denver7 Morning Anchor Anusha Roy about online contracts.
The Better Business Bureau in Colorado is also hearing similar stories to Russo's, initially giving Acme Revival an "F" rating after receiving dozens of unresolved customer complaints, and not just about storage fees.
"People are saying, on the whole, that they're sending their equipment in, usually to be re-manufactured or repaired in some way, and either they're not getting the equipment back, or it's coming back and it's not fixed, or they're being charged these fees for storage and things like that that they weren't aware of," said Meghan Conradt, director of foundation for the Better Business Bureau.
Since Denver7 Investigates started looking into Acme, the BBB rating has been changed to "Not Rated" because, as Conradt explained, Acme Revival is now working to respond to some of the complaints.
While some customers have posted negative reviews online, court records show Acme Revival is suing for defamation.
Logan Beck defends the action and Acme Revival's business practices, saying the company's initial customer email discloses storage fees and gives Acme the right to pursue unpaid debts in Colorado.
Hear directly from Logan Beck below about what led to these lawsuits, and how the "device abandonment" grew from a logistical issue with storage to a financial burden.
He said customers filing complaints online are trying to circumvent the legal process.
"As a way to gain an advantage in their civil case, they're going to run a smear campaign against Acme, and perhaps that's why you're here?" Beck said to Denver7 Investigates. "I think that you might be here on behalf of unsophisticated defendants that think they might be getting an upper hand on their civil case by going to the media or going to a regulatory authority, when, in fact, this is a contract dispute, a simple contract dispute."
Beck said they have already reached settlement agreements with dozens of customers.
"We want to work with the customer to settle this. We don't want to take it to trial," said Beck, who disputed the allegation that storage fees are how the company makes money. "I find that to be just an absurd allegation. If you know anything about litigation, you know it's very expensive. The fact that folks think that we're somehow preying on them and that Acme is a predator in the situation in a scheme to profit is just asinine."
But many customers, such as Weber, disagree and are preparing for the court battle coming up this week.
In an unusual move, dozens of the cases are being heard at once in Jefferson County to determine if the county has jurisdiction since most of the customers don't live in Colorado.
Meanwhile, Denver7 Investigates found records that show the Colorado Attorney General's office may be getting involved. While the attorney general cannot confirm or deny any ongoing investigation, Denver7 Investigates has obtained letters to and from the office about Acme Revival's practices.
Our team spoke with the attorney general about if people can get sued for leaving negative reviews online. Watch that report in the video below.
"I think it's very important for the state to be aware of what's going on," Weber said. "I think it's really important for you all to take care of this."
