Author - Travis Lane

NOOOPE! – The Story Behind the Catchphrase YUUUP! and the Following Dual Lawsuits

YUUUP!

If you’re one of the avid followers of A&E Storage Wars (or even if you’ve just caught an episode now and then), you’re most likely familiar with one of the stars, Dave Hester.

Dave Hester is painted as the villain in the popular show and rightfully so; he ridicules his fellow bidders in a sneering, snide tone, he often drives the price on auctions up just for the sake of making the other bidders pay through the nose, and he almost always gets what he wants. Hester might not be a villain when he’s off screen and away from the role but that doesn’t prevent him from continuing to go after what he wants: in this case, he wanted the trademark on his signature phrase, “Yuuup!”

Hester filed for the trademark on this catchphrase in 2011 and began creating merchandise to sell to his fans revolving around this word. For those unfamiliar with the show, Hester often waits until the very last moment in an auction and then will yell out his catchphrase – annoying his fellow bidders and driving the price up on the unit in question.

Hester was all set until Tremaine Neverson (more popularly known as Trey Songz) found out about the trademark. Songz has used “Yuuup” in his music since 2009; albeit in what Hester’s lawyers claimed to be a slightly different way.

Songz is a rapper, producer, and song-writer that earned the nickname Trigga Trey as well as being called a heart-throb by a few different young women. Songz popularity did not come overnight but grew steadily and continues to do so, even though he’s now over 27. Songz did not file a trademark on the way he used Yuuup! in his songs but this did not keep him from sending Hester a cease and desist letter!

Hester received the cease and desist letter but immediately went to a judge, asking that he still be allowed to use the phrase and that he be allowed to continue to have merchandise produced revolving around the trademark.

In retaliation to Hester’s request, Songz moved forward swiftly, actually suing the A&E star for the use of the word. Hester claims that Songz forgot to file for the trademark – and once again, that the word is actually different from the way that Hester uses it. It is quoted that the differences are that Songz use “resembles an animal-like or nonhuman squeal which begins with a distinct ‘yeeee’ sound before finishing with a squeal=like ‘uuuup’ sound, and is distinct and different from Hester’s more monosyllabic-sounding guttural auction bidding phrase.”

Hester rose up to meet Songz’ challenge in this case though and counter-sued, filing a suit for damages against Songz which would award him some monetary value as well as banning Songz from interfering with Hester and the way that he wants to say the word.

Recently, the two stars have reached a settlement for both claims. It is undisclosed exactly what the agreement was or what money would be exchanged over this phrase.

Charity Storage Auctions

Charity Storage

Holding an auction for charity isn't new, but charity storage auctions are a recent development that helps bring communities together. Charity Storage is an organization sponsored by Storage Wars, the Self Storage Association and other charities and storage facilities across the country. Since its inception in 2012, it's already become a sweeping success, with several thousand participating storage facilities and over $40,000 raised for charities nationwide.

The way it works is pretty simple: People donate their unwanted items by dropping them off in a storage unit, which is then auctioned off and the profits are donated to charity.

The drop-off points get filled up in one of two ways. People who have heard about the auctions and want to participate can leave donations anonymously at the unit. Additionally, existing tenants of the storage company can leave items they no longer want to store but don't want to sell or throw away on their own. When people move their things out of a unit, they often want to leave behind bulky unwanted items like appliances and furniture; instead of going to the dump, these items can go to the drop-off point to make money for charity.

Any storage company can sign up to participate in the program, and there are drop-off points in thousands of cities across the United States and Canada. Here in Texas alone there are more than 4,000 storage facilities which could potentially become drop-off points. That translates to a lot of charity auctions!

The auctions themselves work exactly like any other storage auction. Participants bid on the content of a unit, and the contents must be emptied out and the unit cleaned within 48 hours. Anything inside the unit becomes the property of the winning bidder, who can then keep, sell or donate the items. As with all auctions, there's some risk involved, and the quality of the items will vary from one auction to the next.

If you've never participated in any sort of storage unit auction, a charity auction may be a good chance to get your feet wet. Because the items are donated, you're less likely to run into unsanitary conditions or find strange or unpleasant things inside. You probably won't make a fortune off of anything you win, but you can feel good about knowing that your money is going to a charity so it's not a wasted investment.

For storage auction veterans, these charity auctions provide a great way to give back to the community while still doing what you love. While Storage Wars might give a glimpse of the excitement behind the industry, Charity Storage helps to show the community the heart and soul behind the people in this line of work.

If you'd like to get involved in charity storage auctions, you can check the CharityStorage.com website to find a drop-off location near you. You can also call their operation headquarters in Newport Beach, California at (949) 748-5923.

Are Online Storage Auctions Legal?

Online Storage Auctions Legal

Update - March 28th, 2013  A new site, OnlineStorageAuctions.com has emerged as the clear choice in the online storage auction niche. The main differences between this site and it's competitors is that it's 100% free to use and it offers a legal alternative to storage facilities who are located in states where the legality of online storage auctions is questionable. This site recently merged with StorageAuctionForums.com, which was, until the merger, the largest storage auction website in the world. OnlineStorageAuctions.com now has more content and traffic than any any other storage auction website on the web.
July 8th, 2012 - Over the past few years, a handful of companies which hold storage auctions online have emerged on the scene. One of these companies is Storage Battles, which recently bought out Sealed Online Bids. We here at Texas Storage Auction Schedules & News are huge fans of online storage auctions because we believe that this concept is the future of storage auctions; however, there seems to be a question as to whether they are operating legally in Texas and some other states.

This legal dilemma boils down to whether or not a storage auction can be conducted online or whether it must be held at a physical location. Some state's self storage lien laws are vague and don't specify where the sales are to be held; therefore, one could reasonably assume that an online storage auction would be permissible. Texas's self storage lien laws, along with a handful of other state's, are not so vague. Chapter 59 of the Texas Property Code, section 59.045 clearly states: A sale under this sub-chapter must be a public sale at the self-service storage facility or a reasonably near public place. So how are companies like Storage Battles operating in Texas? Through a narrow loophole that depends on one's interpretation of what a public sale and what a public place is.

We spoke to a Texas auctioneer and former President of the Texas Auctioneer's Association, about this matter. He replied “ Chapter 59 states that the sale must be a public sale at the self storage facility or a nearby public place. The attorney for TSSA has stated that an Ebay or internet auction does not satisfy the statute in that the internet is not a public place. This is a legal question that will either be resolved by revising the law or a lawsuit.”

According to USLegal.com, the legal definition of a public place is: an indoor or outdoor area, whether privately or publicly owned, to which the public have access by right or by invitation, expressed or implied, whether by payment of money or not, but not a place when used exclusively by one or more individuals for a private gathering or other personal purpose.

We contacted the Texas Self Storage Association about this matter and received the following response: Connie Niemann Heyer, attorney for the Texas Self Storage Association, stated that she does not consider auctions that take place online only are meeting the strict letter of the law requiring that the sale take place at or near the storage facility. Her opinion was published in the TSSA's magazine.

We contacted Sealed Online Bids to find out how they are conducting online storage auctions for storage facilities in Texas. Kevin Gorzny, principal at Sealed Online Bids provided the following response.

“First off I want to address the fact that we have approached the Texas SSA with our stance on the Texas Lien Laws in the form of an official statement, and it was met without any opposition what-so-ever. Our attorney covered quite a few points in regards to the Texas lien laws, but I'll address the specific one you cited. (Referring to: a public sale at the self-service storage facility or a reasonably near public place.) The definition of a consummated sale is the exchange of monetary funds, between the buyer and the seller. Simple as that. Our auctions are conducted online, yes, but the actual process of purchasing the unit-in-lien is a cash-in-person exchange performed at the storage facility where the contents are stored.

To be even more specific: our auctions are live and open for bidding for a period of 7 to 10 days, typically. Once the auction closes, the manager is provided with the buyer's information. They organize a time for the buyer to then come in to the self storage facility's office for the actual purchase where the buyer pays cash for the sale, just as it always has been performed. The overall issue is the fact that every state's lien laws were written long before the mainstream internet as we know it today. Many of these laws are subject to interpretation and common sense.”

Although eloquent, I believe this response is completely off topic. The debate here is not about what a “consummated sale” is, rather, it's about what the legal definition of a “public sale” is. According to Merriam-Webster's Dictionary of Law, a public sale is: a sale (as an auction) that is publicly advertised and that takes place at a location open to the public. Is the internet a location or a public place? It is arguable.

I agree, a lot of state's storage lien laws are outdated; however, Texas revised it's storage lien laws in January, 2012. Are there still sections that don't take modern technology into consideration, absolutely. Texas's storage lien laws still require legal notices to be placed in a newspaper instead of being communicated electronically on a website. Do you really think they would allow the actual lien sale to occur on a website?

Regardless of how archaic some of these laws may be, if you use common sense to interpret (A sale under this sub-chapter must be a public sale at the self-service storage facility or a reasonably near public place) it'sobvious that this law was meant to be quite literal. I think that Sealed Online Bids' interpretation of the Texas storage lien law is a bit of a stretch, but either way, this is a legal question that will inevitably be resolved when a disgruntled tenant challenges the legality of an online sale.

So, are online storage auctions legal?

The answer is - it depends. Each state has it's own unique storage lien laws. To my knowledge, no state's storage lien laws specifically state that storage auctions can be held online and vise versa, no state's storage lien laws specifically state that they can't. The only way to know for sure is to look at your state's storage lien laws to see if they specify a location for where the sale is to be held.

How does this affect the storage auction buyer?

It really doesn't. Most states have laws protecting the purchaser similar to Texas, Sec. 59.007 which states: A good faith purchaser of property sold to satisfy a lien under this chapter takes the property free of a claim by a person against whom the lien was valid, regardless of whether the lessor has complied with this chapter.

How does this affect storage facilities?

Whenever there is a gray area, there will be lawsuits; however, companies who hold storage auctions online are protected through lengthy disclaimers that the storage facility and buyer must agree to before using their service. This leaves storage facilities to bear the brunt of the legal challenges that may arise by former tenants that believe that the law was not complied with. In Texas, Sec. 59.005 states that: A person injured by a violation of this chapter may sue for damages under the Deceptive Trade Practices–Consumer Protection Act (Sub-chapter E, Chapter 17, Business & Commerce Code).

Storage facilities should also consider whether they need to comply storage the lien laws in the state(s) where the online storage auction company's server/business is located. Our advise to storage facilities – consult with your attorney to make sure that this type of sale complies with federal, interstate and your state's storage lien laws.

 

So, what do you think? Are Texas's storage lien laws specific enough or do you feel that companies that conduct storage auctions online have a good argument? Should storage lien sales be permitted on the internet? Please leave you interesting and creative responses below.

Storage Auction Rules

Rules

In the following article, we will elaborate on the rules that are common at most storage unit auctions throughout the United States. Storage auction rules and laws vary by state, storage facility and auctioneer, so please consult with a professional in your area before relying on the following information. The official rules will usually be given out prior to each auction. It is the buyer's obligation to familiarize themselves with federal, state and local laws relating to the purchase, transportation and possession of their merchandise.

Bidder registration. Please arrive at the storage facility 10-15 minutes early to allow yourself enough time to register and get familiar with the rules. Once you arrive, go into the rental office and sign in. Each person who wants bid must register and obtain a bidder number from the storage facility or auctioneer before the auction begins. If you fail to register and you win a unit, the auctioneer or storage facility reserves the right to sell the unit to the next highest bidder. Your bidder number will usually be next to your name on the sign in sheet. If you buy a storage unit, you will need this number, so it is a good idea to remember it. Some storage facilities and auctioneers will have you sign an acknowledgment of the rules, while others will announce the rules verbally. The terms and conditions may vary from one auction location to the next.

There is no fee to register for an auction. When you register, you will be asked to provide your name, address, phone number and your tax exempt status. At some auctions, you will be asked for valid identification, although this is rare. Rest assured, the storage facility is not allowed to give out your personal information, so you don't have to worry about the former owner contacting you to get their stuff back.

Some auctioneers and storage facilities will have several auctions occurring on the same day. Some auctioneers and storage facilities will require you to sign in at every location, while others only require you to sign in once for the entire day. Please speak with your auctioneer or storage facility manager to confirm their policy.

Storage facility owners, managers and employees are eligible to participate in the bidding process, although most do not, in fear of a conflict of interest.

Payment. If you win a storage unit, you must report to the rental office at the conclusion of the sale. Full payment must be made before you can remove any merchandise from the storage unit. You will be required to pay the bid amount, sales tax (unless exempt) and the security deposit at that location before moving on to the next facility. Cash is the primary method of payment at storage auctions, although some storage facilities do accept debit and credit cards. Checks are almost never accepted. Please speak with the storage facility manager about the accepted methods of payment prior to placing a bid.

Once you arrive in the rental office, the auctioneer or storage facility manager will be processing the payments of the winning bidders. Usually, only one transaction is processed at a time, so there may be a line. If you are tax exempt and the auctioneer or storage facility doesn't already have your resale tax number on file, please have your resale certificate ready for them so that they can make a copy. Once they accept your payment, you will be issued a receipt and a temporary access code to the storage facility.

Please make sure you have enough cash on your person to cover your bid. The auctioneer doesn't have time to wait for you to go to the bank or ATM because they must move on to the next location. If you decide to go to an ATM after the auction, you do so at your own risk. If you you're not back before the auctioneer or storage facility manager has finished processing the other winning bidders, they reserve the right to terminate your bid and resell your unit to the next highest bidder.

Sales tax. Sales tax must be paid unless no tax is due. If you have a lawful exemption, a valid resale tax number on file with the comptroller's office or if you are purchasing a vehicle, trailer, recreational vehicle or boat, sales tax will not be charged. If you are tax exempt, the auctioneer or storage facility will have you fill out a tax exempt form which is then kept on file. All other buyers must pay sales tax on the amount of each winning bid.

Announcements. Any announcement made the day of the sale, prior to or during the auction, will supersede any other announcement or advertising. The auctioneer or storage facility manager reserves the right to reject any bid, place a minimum bid, revoke bidding privileges or cancel the sale completely. They may also sell the units in their entirety, in lots or item by item.

Age minimum. Buyers must be over the age of 18 to bid. Some storage facilities do not allow children, so it is a good idea to call the storage facility in advance if you need to bring them with you. When children are permitted, they must be supervised at all times.

Inspection. During inspection process, the auctioneer or storage facility manager will remove the lock and raise or open the door. Everyone will have an equal opportunity to inspect the contents of the unit from the doorway. Please do not go inside the unit or touch any items. If you are seen doing so, the auctioneer or storage facility manager reserves the right to refuse your bid and/or ask you to leave the auction. Once everyone has had a fair amount of time to inspect the unit, the auctioneer or storage facility manager will open up the bidding.

All items are sold “as is.” Please examine the storage unit thoroughly before placing a bid, because once the auctioneer or storage facility manager says sold, you have bought the unit. All storage units are sold “as is” and without warranties, representations or guarantees. All sales are final.

Securing the unit. If you win the unit, you must immediately place your own lock on it. If you do not have a lock, you can usually purchase one in the rental office. The storage facility is not responsible for the contents of the unit after it has been sold.

Cleaning out the unit. Most storage facilities allow you 24-48 hours to remove all of the contents and sweep the unit clean. Every now and then, you will come across an auction that requires the winning bidder to remove the contents on the same day, although this is rare. The auctioneer or storage facility manager will announce how much time you have before the auction begins. If you need additional time, most storage facility managers are willing to work with you as long as you keep them informed. You also have the option of renting the unit, which allows you to take your time.

If you fail to clean out a unit, it can have severe consequences like losing your security deposit or being banned from future auctions at that storage facility. If the auctioneer hears that you failed to clean out a unit, you could be banned from all of his or her future auctions.

The storage facility's dumpster may not be used by buyers without the permission of the facility manager.

Cleaning deposit. Most storage facilities require you to pay a cleaning deposit on every unit you purchase. These deposits usually range from $40-100 and are fully refundable if the unit is cleaned properly within the designated time. The purpose of the cleaning deposit is to prevent people from purchasing a unit, removing all of the valuables and leaving the unwanted items and trash behind.

Once you are finished cleaning out the unit, please stop by the rental office and let the employee on duty know. The employee will inspect the unit to verify that all of the contents have been removed and that it has been swept out. If the unit has been cleaned out properly, the employee will return your security deposit.

Personal items. If you find personal items inside of the unit, please leave them with the property manager so they can return them to the tenant. Personal items include photographs, identification, tax and legal documents, birth, death and marriage certificates, diplomas and items with sentimental value.

Common courtesy. Please be civil toward the auctioneer, storage facility employees and other bidders. Anyone that is disruptive or causes an altercation will be asked to leave and could be barred from attending future auctions.

What Should You Do If You Find A Gun In A Storage Unit?

Gun in Storage Unit

If you find a gun in a storage unit, there are certain procedures you must follow. First and foremost, clear it and make sure there are no unspent rounds in it. I would like reiterate that I'm not an attorney, nor do I have a FFL and that you should consult with a professional before making any decisions regarding firearms or antique weapons.

It is my understanding that if you find a firearm in a storage unit, you must turn it in to the local authorities or a Federally licensed firearm dealer. I recommend the latter because you have a better chance of getting it back.  When you turn it in, make sure you get a receipt for it because if you're a non-felon adult, they will let you have it, after a waiting period and if it has not been reported stolen or used in a crime.

Although state and local laws may vary, any gun with a frame or receiver that was actually made before January 1st, 1899 is legally antique and not considered a firearm under Federal law. This refers to the actual date of manufacture of the receiver/frame, not just the model year or patent date marked. Any gun manufactured before January 1st, 1899, other than a machine gun or other NFA category, is not controlled in any way by Federal law. There is no Federal requirement for sales of these guns to be handled by Federally licensed dealers. Although State and local laws may vary, they may be bought and sold across state lines by private parties, regardless of what cartridge they are chambered in.

Telephone the Federal Firearms Licensing Center of the Bureau of Alcohol, Tobacco & Firearms at 1-866-662-2750 for specific questions. The FFLC can help ensure your guns are properly registered.

Vendors

Vendors

Let's face it, no matter how long you have been buying storage units, you will always come across an item that requires an expert to appraise, repair or sell. A lot of our members have been asking if we have a list of vendors who can help them with specialty items, so we decided to create this page as a resource for people who are looking to make professional contacts. If you are an antique appraiser, antique buyer, specialized or collectible merchandise appraiser, thrift store owner, consignment store owner, auction house owner, upholsterer, electronic or appliance repair person, a buyer of certain types of merchandise, restoration expert or any other type of expert that may be needed by other storage auction buyers, feel free to post an advertisement below.

By using this service in any way, you agree to comply with our terms of use, especially sections 3 & 4.

 

What Are Your Responsibilities For Disposing Of The Things That You Don’t Want?

Jeff, one of our members, recently asked the following question:

When you purchase a unit, what are your responsibilities for disposing of the things that you don't want?

Before you purchase a unit, it is a good idea to speak with the facility manager or auctioneer to find out how much time you have to remove the contents from the unit. Storage facilities typically allow you 48 hours to completely remove the contents from the unit. Most storage facilities do require a clean up deposit for every unit you purchase. These fees can range from $25 to $100 and are fully refundable once the unit has been cleaned out. Some auctioneers will waive the clean out deposits once you have established a track record with them.

It is your responsibility have the contents removed within the 48 hour time period. It is a good idea to bring a broom, dustpan and some heavy duty trash bags with you, because it is also your responsibility to make sure the unit is clean and the floor is swept.

Regardless, of whether you get stuck with some merchandise you don't want, it is your responsibility to remove it from the unit and dispose of it. Most storage facilities won't allow you to use their dumpster and the ones that do will most likely charge a fee.

In this business, you have to take the good with the bad. You are going to come across units that you wish you would have never bought. For example: I purchased a 10x20 unit that was packed full of stuff. From the door, I saw a pressure washer, some antique Hina dolls, 15 filing cabinets and 2 safes. The unit also had over 40 full trash bags in it. Well, once I started looking through the unit, I realized that the previous owner was a paper hoarder. He hadn't thrown any paper away in years. Documents, notes, letters, bills, phone books, newspapers, food wrappers; it was all there. Every trash bag was full of trash. Every drawer in the desks and filing cabinets was full of trash. When I opened the safes, guess what was inside? Yes, more trash.

If you're in this business long enough, you will eventually come across one of these units. When you do, salvage what you can. Then take the rest to the dump and move on. If you can't sell some of the older merchandise, but it is reusable, consider donating it to a local charity. Not only will you get a tax deduction but you will be helping out the less fortunate in your area. Donation drop boxes are also a very convenient way to dispose of reusable merchandise. These drop boxes are open 24 hours and since they are unattended, they won't refuse any merchandise. The only drawback to using a donation drop box is that you won't get a tax deduction receipt.

If you or anyone else has a question or comment, feel free to post your reply below.

Storage Auction Q&A

Q&A

If you have a question about storage auctions or our service, feel free to ask it here. You are also welcome to answer questions or add your opinion. Please post all questions and answers in the comments section below.

 

From: Nolton 

Subject: Question About Buyer's Premium Fees

You have mentioned cleaning deposits in your blogs. I have also noticed that some of the auction notices have a buyer's premium fee. What are the amounts of the typical premiums and what percentage of auctions do and do not charge this fee? Are there any other additional fees a storage unit buyer might have?

Response from Travis Lane / AuctionsTX.com

About 30% of storage auctions will have a buyer's premium. Buyer's premiums are less common at storage auctions than other types of auctions. I have never seen a buyer's premium be less than or more than 10% at a storage auction.

Other than a clean out deposit and a buyer's premium, you will also need to pay state sales tax, unless you have a valid sales tax use permit. Also, in extremely rare cases, the auctioneer may charge a admission fee.

 

From: Nolton

Subject: Question About Merchandise You Can't Keep Or Resell 

What are the laws or rules concerning stolen or leased items in a unit? For example; you purchase a unit and you happen to have an item that was reported stolen or an item that was supposed to be repossessed but was hidden there. What other types of items might you find that you may not have the right to keep or resell?

Response from Travis Lane / AuctionsTX.com

Before I answer this question, I would like to advise you that I am not an attorney. Please speak with an attorney before relying on any of the following information.

Other than guns and vehicles, it may be difficult to determine whether an item is stolen. If an item is obviously stolen, you should contact the authorities and let them search for the rightful owner. If the rightful owner cannot be located, there is a chance that you may get the merchandise back. If an item is leased, it may have markings on it which identify the lessor. I would recommend calling the leasing company in order to determine whether the merchandise has been purchased outright or whether it was never returned by the lessee. A lot of rental equipment/merchandise is sold after it has exceeded it's rental life. It is not uncommon to find power equipment, furniture, electronics & appliances that still have the leasing company's markings inside a storage unit.

If the storage facility is aware that there is a vehicle inside the storage unit, they will perform a title search and if a lien holder exists, they will notify them and give them an opportunity to satisfy the delinquent rent. If the lien holder doesn't satisfy the delinquent rent, the vehicle can be legally sold. Although most storage facilities sell vehicles like this for parts and without warranties of any kind, in most cases you can obtain a title.

If you find vehicle inside a storage unit that the storage facility was unaware of, I believe you can keep it; however, you won't get a clear title to it until you satisfy the lien. I am unsure whether the lien holder can still repossess the vehicle but I believe that your claim to it does not supersede the lien.

Guns, illegal drugs & hazardous chemicals are examples of things you may not be able to keep or resell. It is the buyer’s obligation to familiarize themselves with federal, state and local laws relating to the purchase, transportation and possession of their merchandise.

From: Leo

Subject: Is there a service similar to yours in San Antonio

Is there a service similar to yours in San Antonio, TX. or do you offer this service in San Antonio and surrounding areas, like Austin, San Marcos, New Braunfels?
Thanks and look forward to your reply.

Response from Travis Lane / AuctionsTX.com

Leo,
We currently offer our storage auction schedules to the Houston, Dallas / Fort Worth and San Antonio markets; However, we do have plans to expand into the Austin market by May 1st, 2012. New Braunfels is included in our San Antonio coverage area. San Marcos is not currently in our coverage area, because it is located in between Austin and San Antonio. Since I have received numerous requests to include San Marcos, I will have it added to our Austin coverage area. Update: The Austin schedule is now live.

Message Board

Message Board

Welcome to the message board. Feel free to talk about anything you like here.

 

Laura

Hi Everyone,
I finally won my first unit. My kids will hate me for a while, lol.
It cost me a bit too much to hire someone to help me unload it and 80% of what was in there was trash, but I had a hell of a good time looking through it. I had a yard sale the next day and sold what junk I did not toss out. I broke even with nothing to show for it, but had a blast. I would LOVE to see what other people found and if they made money. Please post ya’ll!