Kelley West, who appears on HSN as the spokeswoman for Microderm 360, is not a happy camper. She has stepped down as the rep for the micro-dermabrasion device, and is suing her business partners for fraud and “civil theft.”
West posted her tale of woe on Facebook, along with a link to her lawsuit against Ira Smolens and Mark Presser.
“I am sad to announce that I am the victim of a fraudulent scheme by my former business partners that makes it necessary to cancel all appearances on HSN and resign as a spokesperson for my brand, at least temporarily,” West wrote.
“In late May, 2015 I filed a nine count lawsuit in Florida against my partners that includes claims for fraud and civil theft relating to the micro-dermabrasion machine I invented, the Microderm360.”
Here is the complaint:
West, a licensed medical aesthetician, formed a company with Smolens and his cousin Presser. Since being launched on HSN in 2013, Microderm360 has generated $7.5 million in sales, according to the lawsuit.
West claims that she hasn’t received the royalties that she is due, and that her partners funneled money from her company.
And to add some sex to the litigation, the suit claims that Smolens “was engaged in fraudulent activity, namely a ‘casting call’ scam in which he improperly induced lingerie models into his home in Boca Raton, Fla.” Maybe he wanted to show them his etchings.
Smolens, its seems, also had been sued by the Federal Trade Commission for credit-card fraud, according to West’s lawsuit.
She also charges that Presser has filed a patent application for her machine.
There are also plenty of other allegations in the lawsuit.
“To those of you who have been so loyal to me, thank you for your support!” West wrote on Facebook.
“You’ve bought every product I’ve ever created or endorsed, you’ve followed me from one network to another and I want you to know how much that means to me. My goal has always been to create great skincare devices that actually work and to encourage women (especially those of us over 40!!) to embrace their age and celebrate their beauty. I am so proud of my Microderm360 device and the fact that I can’t sell it makes this situation so difficult.”
A few days later, West had more to say.
“Last year at this time I was so excited about the success of my company and here I am, a year later, fighting these bullies for the machine I created! Wtf?,” she wrote. “My ex business partners threatened me yesterday and demanded that I stop posting about my lawsuit. They stole my patent, funneled all the revenue through their company not mine, lied to me over and over and they’re now making demands that I stop posting on my social media??”
And we love her response to their demand.
“I’m reposting the lawsuit and I’m going to continue reposting every freaking day!” West wrote. “Ira Smolens/Smolev/Molens (name changes) and Mark Presser, you can both kiss my ass. God bless and have a great day, everyone!”
We wish you luck with your lawsuit, girlfriend!