Mar 30, 2020 | Securities Class Action Archive
Priority Technology Holdings Files Form 8-K Regarding Non-Reliance on Previously Issued Financial Statements
Kehoe Law Firm, P.C. is making investors of Priority Technology Holdings, Inc. (“Priority Technology” or the “Company”) (NasdaqGS: PRTH) aware that on March 30, 2020, the Company filed a Form 8-K (“Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review“) which, among other things, stated that
[o]n March 26, 2020, the Audit Committee of the Board of Directors (the “Audit Committee”) of Priority Technology Holdings, Inc. (the “Company”) concluded, in consultation with management and RSM US LLP (“RSM”), the Company’s independent registered public accounting firm, that the audited consolidated financial statements as of and for the fiscal years ended December 31, 2018 (“FY18”) and 2017 (“FY17”) as contained in the Company’s 2018 Annual Report on Form 10-K, and its unaudited condensed consolidated financial statements as of and for the quarterly periods ended March 31, 2018, June 30, 2018, and September 30, 2018 included in its Quarterly Reports on Form 10-Q for the quarterly periods ended March 31, 2019 and 2018, June 30, 2019 and 2018, and September 30, 2019 and 2018 (collectively, the “Non-Reliance Periods”) should no longer be relied upon because of misstatements further described below. Similarly, related press releases, earnings releases and investor communications describing the Company’s financial statements for those periods should no longer be relied upon.
During the preparation of its Annual Report on Form 10-K for the year ended December 31, 2019 (the “2019 Annual Report”), the Company identified two errors. First, the Company noted an understatement of losses related to certain settlement activities with the Company’s sponsor banks, merchants and ISOs. The second error noted involved an out-of-period recognition of certain chargeback revenues and related costs of services between 2018 and 2017. An investigation was conducted with the assistance of outside accounting consultants. As a result of the investigation, the Company concluded that the errors had resulted in misstatements in its consolidated financial statements for the periods identified above that were due to a failure to appropriately reconcile certain settlement accounts with the Company’s general ledger.
As reported in the Company’s FY18 Annual Report on Form 10-K, the Company will continue to report in its 2019 Annual Report a material weakness in internal control over financial reporting, as well as in subsequent periods until such material weakness is remediated. [Emphasis added.]
Mar 30, 2020 | Consumer Protection, Employment & Technology Archive
Class Action Lawsuit Filed Against Fitness International, LLC d/b/a LA Fitness – Violations of the Telephone Consumer Protection Act Alleged
Kehoe Law Firm, P.C. is making consumers aware that a class action lawsuit was filed against Fitness International, LLC, d/b/a LA Fitness, in United States District Court, Central District of California, alleging violations of the Telephone Consumer Protection Act.
According to the complaint, Fitness International, LLC, d/b/a LA Fitness, sent the following unsolicited text message to Plaintiff’s cellular telephone from (480) 400-3803:
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.
Mar 30, 2020 | Consumer Protection, Employment & Technology Archive
Class Action Lawsuit Filed Against TracFone Wireless, Inc. d/b/a SafeLink Wireless – Alleged Violations of The Telephone Consumer Protection Act
Kehoe Law Firm, P.C. is making consumers aware that a class action lawsuit was filed against TracFone Wireless, Inc., d/b/a SafeLink Wireless, in United States District Court, Southern District of Florida, for alleged violations of the Telephone Consumer Protection Act.
According to the class action complaint:
Beginning at least as early as April 5, 2016, Plaintiff received more than one hundred unsolicited, prerecorded phone calls on his residential telephone number from, or on behalf, of SafeLink.
The April 5, 2016 call used a prerecorded voice and stated:
Hi, this is Stacy from SafeLink, a service of TracFone calling with a special message for SafeLink customers. If you no longer wish to receive these messages please call 1-888-449-3610. If you have extra change in your pocket from taxes, then take advantage of this great offer for our SafeLink customers. Now you can get 350 minutes for only $10. Just go to your nearest Dollar General Store or call 1-888-449-3610 to have the airtime added to your phone. Again, get 350 minutes for only $10 by going to Dollar General or calling 1-888-449-3610. Thanks for being a SafeLink customer and have a great day. [Emphasis in original and added.]
According to the complaint, the Plaintiff has never been a customer of SafeLink, and the “more than one hundred calls” received by Plaintiff “all identified SafeLink by name.”
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.
Mar 30, 2020 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making individuals aware of the following data breach cases of unsecured protected health information affecting 500 or more individuals currently under investigation by the U.S. Department of Health and Human Services, Office for Civil Rights:
| Name of Covered Entity |
State |
Covered Entity Type |
Individuals Affected |
Breach Submission Date |
Type of Breach |
Location of Breached Information |
| Golden Valley Health Centers |
CA |
Healthcare Provider |
39700 |
03/20/2020 |
Hacking/IT Incident |
Email |
| Hawaii Pacific Health |
HI |
Business Associate |
836 |
03/19/2020 |
Loss |
Paper/Films |
| NeoGenomics Laboratories, Inc. |
FL |
Healthcare Provider |
910 |
03/18/2020 |
Unauthorized Access/Disclosure |
Email |
| Hawaii Pacific Health |
HI |
Business Associate |
3772 |
03/17/2020 |
Unauthorized Access/Disclosure |
Electronic Medical Record |
| Lifesprk |
MN |
Healthcare Provider |
9000 |
03/17/2020 |
Hacking/IT Incident |
Email |
| Tandem Diabetes Care, Inc. |
CA |
Healthcare Provider |
140781 |
03/17/2020 |
Hacking/IT Incident |
Email |
| Lakewood Health System |
MN |
Healthcare Provider |
1415 |
03/16/2020 |
Hacking/IT Incident |
Email |
| Hao Rong DDS Inc dba Genuine Care Dental |
CA |
Healthcare Provider |
2190 |
03/14/2020 |
Theft |
Network Server |
| Randleman Eye Center |
NC |
Healthcare Provider |
19556 |
03/13/2020 |
Hacking/IT Incident |
Network Server |
| TriHealth Cancer Institute |
OH |
Healthcare Provider |
912 |
03/13/2020 |
Unauthorized Access/Disclosure |
Paper/Films |
| The Prudential Insurance Company of America |
NJ |
Health Plan |
1945 |
03/11/2020 |
Hacking/IT Incident |
Network Server |
| OneDigital Health and Benefits |
GA |
Business Associate |
22894 |
03/06/2020 |
Theft |
Laptop |
| Torrance Memorial Medical Center |
CA |
Healthcare Provider |
3448 |
03/06/2020 |
Unauthorized Access/Disclosure |
Network Server |
| Stephan C Dean |
CA |
Business Associate |
70000 |
03/04/2020 |
Hacking/IT Incident |
Desktop Computer, Electronic Medical Record, Email |
Source: Ocrportal.hhs.gov (Accessed 03.30.2020)
NOTE: The U.S. Department of Health and Human Services, Office for Civil Rights, Breach Portal, lists all breaches reported within the last 24 months that are currently under investigation by the Office for Civil Rights. The data reported herein does not include all cases currently under investigation by the Office for Civil Rights. Resolved data breach reports and/or reports older than 24 months can be viewed at Ocrportal.hhs.gov.
Have You Been Impacted by A Data Breach?
If so, please either contact Kehoe Law Firm, P.C. Partner Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form on the right or send an e-mail to [email protected] for a free, no-obligation case evaluation of your facts to determine whether your privacy rights have been violated and whether there is a basis for a data privacy class action.
Examples of the type of relief sought by data privacy class actions, include, but are not limited to, reimbursement of identity theft losses and of out-of-pocket costs paid by data breach victims for protective measures such as credit monitoring services, credit reports, and credit freezes; compensation for time spent responding to the breach; imposition of credit monitoring services and identity theft insurance, paid for by the defendant company; and improvements to the defendant company’s data security systems.
Data privacy class actions are brought on a contingent-fee basis; thus, plaintiffs and the class members do not pay out-of-pocket attorney’s fees or litigation costs. Subject to court approval, attorney’s fees and litigation costs are derived from the recovery obtained for the class.
Mar 30, 2020 | Whistleblower
$450,000 Awarded to SEC Whistleblower Whose Significant Information Helped Focus Ongoing Investigation of Violations Ultimately Charged
Kehoe Law Firm, P.C. is making individuals aware that on March 30, 2020, the Securities and Exchange Commission announced an award of $450,000 to a whistleblower whose significant information helped focus an ongoing investigation on the violations that were ultimately charged.
The whistleblower, who had compliance-related responsibilities, is eligible for an award, because the whistleblower reported concerns about the relevant conduct internally within the company and then waited 120 days before reporting to the SEC. This is the SEC’s third whistleblower award to an individual who had compliance or internal audit responsibilities.
The SEC has awarded over $396 million to 77 individuals since issuing its first award in 2012. All payments are made out of an investor protection fund established by Congress that is financed entirely through monetary sanctions paid to the SEC by securities law violators. No money has been taken or withheld from harmed investors to pay whistleblower awards. Whistleblowers may be eligible for an award when they voluntarily provide the SEC with original, timely, and credible information that leads to a successful enforcement action. Whistleblower awards can range from 10 percent to 30 percent of the money collected when the monetary sanctions exceed $1 million.
As set forth in the Dodd-Frank Act, the SEC protects the confidentiality of whistleblowers and does not disclose information that could reveal a whistleblower’s identity.
Source: SEC.gov
