Banner Ad 1

Consumer Alert: Dan Cusumano

Place for general submarine conversation

Postby FX Models » Tue Apr 29, 2003 2:00 pm

TO: Ladies and Gentlemen of the Subcommittee
FROM: Marc D'Antonio (FX Models)
With approval from: Jim Key (Custom Replicas), Tom Yourk (Consumer)

In our professional opinion, we feel that the artisans of the Sub Committee should be aware of the following:

This post is meant to serve as a consumer alert naming Dan Cusumano as an individual who should be handled with EXTREME caution. Dan has been interested primarily in the Disney Nautilus and in several cases involving two vendors and one individual, caused financial loss to the referenced companies and individual due to his refusal to follow through on agreements both verbal and WRITTEN.

The financial losses range from small amounts to quite large amounts. The individuals who were most vocal and willing to discuss the losses are Jim Key of Custom Replicas, Tom Yourk (consumer), and Marc D'Antonio of FX Models.

At least one additional Subcommittee member has voiced a bad dealing with Dan Cusumano but has chosen to remain out of the limelight for the moment.

The summary of the events leading to the decision to post a consumer alert is long to post. Anyone wishing to see details can email and I can send the condensed version we prepared for possible later actions with its attendant emails from Dan.

In our case, Dan pleasantly agreed in 6 separate emails (all of which have been retained) to pay return shipping of a kit to him that he had originally signed a contract with us to build for him, and then promptly refused to pay the shipping. He has not yet paid it after months of gentle requests for payment, systematically blocking every email address we try to contact him from, and changing his phone number to unlisted. His responses when returned have been hostile and highly unprofessional. In one case, he responded by saying "I will put you, in the mud". He also threatened to call the Better Business Bureau and District Attorney on us for reasons that baffle us.

Tom Yourk's case was similarly unpleasant and he will detail more and correct any incorrect chronology in this much abridged summary but in his case Dan again pleasantly agreed similarly in 6 separate emails to pay shipping of Tom's homegrown Nautilus (which Dan had previously purchased) from Georgia to California and then promptly refused to pay shipping once it was sent. Dan cancelled a credit card number that he had given to Tom to pay for the FEDEX shipment.
Tom is now stuck with the HUGE bill.

Jim Key faced a similar situation as ours, in that Dan also played the Better Business Bureau and District Attorney card on Jim. Dan DID follow through on the threats, damaging Jim's business and reputation for reasons as perplexing to Jim as they are to anyone looking at the situation. The BBB and the District Attorney found Jim Key completely INNOCENT of any wrongdoing in a case that could perhaps be called 'frivolous'. Jim had to take time and get a lawyer to assist him in preparing responses and as such, incurred financial losses, perhaps higher than Tom and my company's combined.

Consumer protection agencies are meant to protect consumers from unscupulous behaviors by companies. We discovered that these same agencies when presented with evidence of an unscrupulous consumer using the agencies against honest companies, are willing to act on that just the same and I have contacted such an agency to report this to them.

This alert was posted for the benefit of the entire submarine modelmaking community and in no way is meant to represent the opinions of the Subcommittee officers, and staff.

Thank you and sorry to be the bearer of unpleasant news

Marc D'Antonio
FX Models, LLC
User avatar
FX Models
Registered User
Posts: 169
Joined: Sat Feb 22, 2003 12:17 am
Location: Lat: 41 Deg 33M Long -72.3 Deg

Postby Carcharadon » Wed Apr 30, 2003 6:37 am

As an example of how one who thinks they are dealing in good faith with someone, can be easily deceived I've reproduced a sanitized letter sent to FedEx. The warning here is DO NOT ship anything when the buyer agrees to pay shipping even if given a credit card number unless you have the cash in hand. This transaction took place over 4 months ago.

XXX X March 30, 2003

xxxxxxx Dr.
Savannah GA 31419

P.O. Box1140
Memphis TN 38101-1140


I am writing in regard to invoice No. s – sss – ssssssss. I Want to explain to you that according to this invoice I am the payor. This is wrong. Mr Xxxxxxxxxx is the payor. On Jan. 21st I had a package shipped to Xxx and Xxxxx Xxxxxxxxxx, zzzzz uuuuuu Drive, bbb pppppp California 11111, telephone number xxx-vvv – llllll. I made arrangements with FedEx for pick up and delivery but I was acting on behalf of Xxx and Xxxxx Xxxxxxxxxx. They are responsible for shipping costs. I previously sent you a copy of an e-mail from them explaining this. I will include again in this correspondence to you, copies of e-mail from them demonstrating that they are clearly responsible for the shipping costs.

When the FedEx truck arrived to pick up the package I gave them a copy of an e-mail from them giving instruction to provide to FedEx explaining that they (Xxx and Xxxxx Xxxxxxxxxx) where to pay shipping costs and for FedEx to charge their ( Xxx and Xxxxx Xxxxxxxxxx) credit card. I gave a copy of this e-mail to the truck driver and specifically said to him that the receiving party was responsible for shipping charges and asked if he understood this and he acknowledged that he understood this arrangement. At that time he took down their credit card number.

Apparently after the package was delivered there was some dispute over the final shipping charges (a slight overcharge). Xxx (Mr Xxxxxxxxxx) asked me to provide him with more detail regarding the shipping costs and my conversation with FedEx so that he could dispute the final costs with FedEx. I provided him with a detailed account of my conversation with an individual in Memphis Tennessee. This e-mail is also included for your information. I learned that Xxx, (Mr Xxxxxxxxxx) declared that his credit card was lost before FedEx could make the final charge. He told me it was not lost but that this way FedEx could not charge him. Wouldn’t FedEx charge his card before shipping? I thought they did?

I informed Xxx that I had received an invoice from FedEx and he told me that he would pay FedEx but was in the process of disputing the final bill. He told me to ignore the invoice. I am providing you with copies of our e-mail correspondence pertinent to this invoice. It should be clear from these e-mails that Mr Xxxxxxxxxx is responsible for payment.

xxx wwwww

7 enclosures
User avatar
Registered User
Posts: 300
Joined: Fri Feb 21, 2003 9:10 am
Location: Savannah GA

Postby Carcharadon » Fri May 02, 2003 5:27 pm

I asked Dan to pay FedEx like he said he would. His reply was don't email me

for any one interested here are some of his emails, I have many more;

From Dan original email



To member: tyourk
From member: dannyjoe1950


i want to buy your sub, i like too. call you.e -mail me at, thank you.

This email was sent by an eBay member via eBay's email forwarding system.
If you reply to the email, your response will go directly to the member and
not through eBay.

eBay does not tolerate spam (i.e., unsolicited commercial email) and is
taking steps to protect members from this abuse. In addition, solicitations
to buy or sell items outside of eBay violate eBay rules and are not covered
by services that protect members such as feedback, insurance, escrow, and
dispute resolution. If this is an offer to buy/sell items outside of eBay,
please do not participate. Enter the following link into your browser to learn more. Link:



ok, i do want it

tom, ok $900.00 and i will pay shipping, ok.dan.


hey, tom call us mail, they will ship, it too. i dont care how must it cost, i will pay you. dan

This is the information that you need to take with you to FEDEX for shipping the package:
Tell them it is 3-Day Freight.
You want the receiving party to pay shipping cost.
You will need to fill out the Airbill in the name on the card that will be paying for it which is:
Marsha A. Cusumano VISA Card Number
xxxx Orchid Drive XXXX XXXX XXXX XXXX
San Leandro, Ca xxxxx Expiration Date
(xxx) xxx-xxxx X/XXXX
I trust that you will destroy this information when all the shipping is done and you know that we have received the crate. I wouldn't like it to be found by someone who should'nt have it, if you know what I mean. Also VERY IMPORTANT make sure when you get back from sending the crate that you e-mail Dan the TRACKING NUMBER off the airbill receipt. This way he can track it online.
If you have any further questions, please e-mail.
Thank you. Marsha & Dan


Hello! This is Dan's wife Marsha e-mailing. I just wanted to let you know that it is my fault that you haven't received the payment for the sub yet. I made an error in the address and it was returned. However, I have re-mailed it EXPRESS and you will have it by 4pm Saturday. Let me know exactly what time you receive it so I can get a refund if they are over the delivery time. Also, her it the tracking number if you want to check it online EU 989255128 or you can call them @ 1-800-222-1811. Thanks for being such a nice person. We really like the sub a lot. You did an amazing job on it!
Marsha & Dan

Edited By Wheels on 1051917696
User avatar
Registered User
Posts: 300
Joined: Fri Feb 21, 2003 9:10 am
Location: Savannah GA

Postby Casey Thrower » Fri May 02, 2003 6:39 pm

Let's make this simple. You sent him a boat and he didn't pay you. No more e-mail or phone calls. Call his city's police department or if you have bucks catch a flight and make a case for theft by deception and have his dumb ass put in jail. The person selling never sends the product unless it's been paid for. Seller pays shipping. Seller gets money order or bank draft. Personal check, you keep the product until the check clears. If the person wants the boat before payment, tell him/her sorry. Most people know who is who on here and most won't buy a boat from someone who is unknown.
Casey Thrower SC Member #1675

"Oh Lord, Thy sea is so large and my boat is so small"
User avatar
Casey Thrower
Registered User
Posts: 281
Joined: Fri Feb 21, 2003 12:30 am
Location: Meridianville, Alabama

Postby Carcharadon » Fri May 02, 2003 6:53 pm

Casey you are absolutely right. And if I were a business I’d probably be aware of such things, but I’m just a smuck who sold a boat so he could make an improved version. If this is what vendors go through I tip my hat to them they must put up with more than the average smuk can take. But as my dad would say tough way to learn don’t do it again. And I hope the next schamell like me can learn from this. Appreciate your comments, an option to consider.
User avatar
Registered User
Posts: 300
Joined: Fri Feb 21, 2003 9:10 am
Location: Savannah GA

Postby VicePresident » Fri May 02, 2003 9:13 pm

I have been contacted directly by Dan's wife on this matter. I am expecting specific details and documentation to support what they feel is a different point of view over this matter.

I am locking this until Jim Wheeler and I review this material and can assess the merits of this dispute.

We appreciate your patience in this matter.


User avatar
SubCommittee Officer
Posts: 7
Joined: Tue Feb 18, 2003 8:27 pm

Return to General

Who is online

Users browsing this forum: No registered users