Here is an update to my situation.
I got my money back! However, this will be of little hope or comfort to those of you outside of Nashville area.
I am going to share what Catherine told me, and I am in no way saying that it is truth. Even if one considers it true one can still not excuse the lack of communication to the ones that have paid her and not received a product.
Last week I had a female friend call Fidelity's number and show interest in purchasing earphones. Catherine quickly returned the call, and informed my friend that she'd need to have the impressions done by an outside company and then she could drop them off. Catherine communicated to my friend to call her back when the impressions were done to arrange drop off, but Catherine said someone was usually "there" between "9 and 5" during the day. Catherine never specified where "there" was located. My friend called back a day and half later claiming her impressions were done and left a voice message. Catherine returned that call and left a voice message on my friend's voice mail basically saying she was returning the call. Catherine left no other details. My friend called back 3 - 4 times and left messages that were never returned. She placed the last call Tuesday, March 20.
Yesterday, the 21st, I decided to drive to Mt. Juliet to see the retail location. I did find the location locked and everything appears to be moved out. There is a sign on the door that says they have closed their retail location, and to visit them at there website; the address was given.
I remembered someone had posted the Neal's address so I looked it up on this thread. I mapped it on GPS and though it came up with a slightly different address I decided to drive over and knock on the door. It was less than 5 minutes from the store.
GPS took me to
1001 Turner Trace East
Mt Juliet, TN 37122
I Went up to the door and knocked, and after subduing her dog Catherine came out to talk to me on the front porch. I asked if this was the Neal residence. She said yes it was. I simply said I'm (my name), and she looked at me with question. I said, calmly, I ordered and purchased earphones back in September and would like a refund. She remembered then, but seemed at a loss for what to do. I thought I was about to get a new run around because she even said she didn't really how to do that (insert jokes here...). I believe she was referring to crediting it back to my card. She said to let her go see what she could do. She returned about 5 minutes later with a check for the amount I paid. The check was from In-ear systems not Earl and Catherine Neal.
That is when she gave me her version of what was happening. I ask again to remember I am simply relating what SHE SAID. This is NOT my defense of their company.
First the earphone situation. This is the consolidated version. Last year the "lab" that made the earphones, and where they sent the impressions, closed up shop with very little notice. They had Catherine and Earl's money to the tune of $25,000 and all the impression molds. It has taken until recently for them to get some of the impressions back from the company. None of their money has been returned. She says they are working with another lab now and are trying to catch up. Orders are being fulfilled slowly. They are having to ask some to have they're molds redone. Locally they have found a couple of audiologists that will do it for free. (please keep in mind this is what SHE SAID).
Second the retail location, She says the reason they closed it is mainly due to lack of upkeep by the landlord. She says there is black stuff in the water and leaking in the walls. She shared with me stories of the other tenants of the lack of cooperation by the landlord. From the state of the retail location as a whole it appears her stories of the landlord may be true. There are probably 12 suites in that shopping center only two are currently being used.
Like another person that posted who had personal interaction with her recently I said little. I did say to her that she needed to try to contact all of her order clients to let them know what was going on; that there many who were very unhappy and that law suits were being discussed.
As for myself, I was wondering, if this were all were true why wouldn't I do everything i could to inform my clients of what was going on and give them the opportunity to get there money back. The only reason I could think of would be that I would know everyone would want there money back. Which in turn would leave me nothing and might bankrupt me. If this is the case, it does not excuse the Neals from doing what is right. And it makes no less criminal. Either way, I do believe there is a conscious decision being made NOT to communicate with there customers despite her assertions to the opposite.
I feel as though her story may be true, BUT because she has not been forthright with her clients she has left them really only one option (unless you live here and can go to her house) and that is the path of litigation.