Mar 4, 2020 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filing:
B2B Industrial Products LLC
Class action lawsuit filed on March 3, 2020 in United States District Court, Northern District of Ohio, Akron Division, against B2B Industrial Products LLC “to stop [B2B Industrial Products’] practice of sending unauthorized and unwanted fax advertisements.”
According to the complaint, “[i]n an attempt to generate sales leads, and ultimately increase its revenues, B2B Industrial created a fax-based marketing campaign wherein it sent numerous unsolicited faxes advertising its products and services across the country.” The complaint alleges that “B2B Industrial sent the fax advertisements at issue to Plaintiff and members of the Classes . . . despite: (i) having no previous relationship with them; and (ii) never receiving the recipients’ consent to receive such faxes.”
The fax messages, according to the complaint, were sent to Plaintiff from (800) 413-2463. Copies of fax messages allegedly received by the Plaintiff, attached as exhibits to the class action complaint and reflecting (800) 413-2463, are as follows:
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 3, 2020 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filings:
SetSchedule Inc.
Class action lawsuit filed on March 2, 2020 in United States District Court for the Central District of California against SetSchedule Inc. “to stop SetSchedule from violating the Telephone Consumer Protection Act by [allegedly] placing unsolicited, autodialed phone calls to consumers.”
According to the complaint, SetSchedule is a business which “offers a paid lead generation platform to real estate agents that provides the real estate agents with consumer leads, automated marketing tools and other data services including a customer relationship management system.[]” Allegedly, “without obtaining prior express written consent,” the Defendant “places autodialed calls in order to market its lead generation platform to real estate agents.”
The complaint alleges that the Plaintiff, “a real estate agent,” received an autodialed call from SetSchedule on Plaintiff’s cellular telephone from telephone number (949) 299-032. The Plaintiff, according to the complaint, “has never had a relationship with SetSchedule and has never provided SetSchedule express written consent to contact him.”
Regency Capital Consulting Corp. d/b/a Merchant Bank, Inc.
Class action lawsuit filed on March 2, 2020 in United States District Court, Eastern District of California, against Regency Capital Consulting Corp., d/b/a Merchant Bank, Inc., and other defendants, as of yet unknown, for, allegedly, “negligently, knowingly, and/or willfully contacting Plaintiff on Plaintiff’s cellular telephone in violation of the Telephone Consumer Protection Act . . . and related regulations, specifically the National Do-Not-Call provisions, thereby invading Plaintiff’s privacy.”
According to the complaint, Regency Capital Consulting “used an ‘automatic telephone dialing system'” “soliciting its business to Plaintiff.” Regency Capital Consulting “contacted or attempted to contact Plaintiff” from the following telephone numbers: (718) 645-6909 and (347) 221-0014. The complaint alleges that Regency Capital Consulting “did not posess Plaintiff’s ‘prior express consent’ to receive calls using an automatic telephone dialing system or an artificial or prerecorded voice on his cellular telephone.”
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 3, 2020 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filings:
Carriker Inc. d/b/a Carriker Auto Outlet
Class action lawsuit filed on March 2, 2020 in United States District Court for the Southern District of Iowa against Carriker Inc., d/b/a Carriker Auto Outlet, “to secure redress for violations of the Telephone Consumer Protection Act.” Carriker Auto Outlet, according to the complaint, operates as a “used car dealership” that, allegedly, “engages in unsolicited marketing, harming thousands of consumers in the process.”
The complaint alleges that the Plaintiff’s cellular telephone received unsolicited text messages from (855) 909-1005, examples of which, as reflected in the class action complaint, are as follows:
Proven Rx Sales, LLC
Class action lawsuit filed on March 2, 2020 in United States District Court, Southern District of Florida, Fort Lauderdale Division, against Proven Rx Sales, LLC “to challenge [Proven Rx Sales’ alleged] wholesale issuance of Junk Faxes in violation of the TCPA.”
According to the complaint, “[t]o boost its profits, [Proven Rx Sales] engages in unsolicited fax marketing, with no regard for the expense to recipient or recipients’ other rights.” The complaint alleges that the Plaintiff received a fax advertisement from Defendant, despite Plaintiff neither being a customer of Proven Rx Sales nor consenting to receive fax messages from Proven Rx Sales. The complaint contained the following copy of the fax advertisement allegedly sent by Proven Rx Sales to the Plaintiff:
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 2, 2020 | Securities Class Action Archive
CFTC Charges Q3 Holdings, LLC, Q3 I, LP and Michael Ackerman With Fraudulently Soliciting More Than $33 Million From Customers
Kehoe Law Firm, P.C. is making investors aware that on February 11, 2020, the CFTC announced the filing of a civil enforcement action in United States District Court for the Southern District of New York against defendants Q3 Holdings, LLC and Q3 I, LP and their principal, Michael Ackerman (“Ackerman”). The complaint charges the defendants with fraudulently soliciting over $33 million to purportedly trade digital assets and misappropriating a substantial portion of that total.
The CFTC’s complaint alleges that from at least August 2017 through December 2019, defendants operated a fraudulent scheme in which they solicited funds, purportedly, to trade digital assets and then misappropriated those funds. The defendants engaged in numerous misrepresentations that included making claims of (i) earning customers .5% in daily trading profits and roughly 15% per month, (ii) using algorithms that generated winning trades 75% of the time, and (iii) utilizing security measures that made it impossible for any principal to transfer or withdraw customer funds.
In reality, the defendants sent only a small portion of the customers’ funds to digital asset trading accounts, did not earn the trading profits they claimed, and misappropriated funds. To conceal the fraud, the defendants provided customers with false accounting statements, newsletters containing false trading returns, and fictitious screenshots reflecting the amount of money under Q3’s management.
In separate actions, the U.S. Attorney’s Office for the Southern District of New York announced the arrest of Ackerman on one count of wire fraud and the Securities and Exchange Commission announced the filing of a multi-count complaint against Ackerman and Q3 alleging securities fraud and misappropriation.
Source: CFTC.gov
Mar 2, 2020 | Consumer Protection, Employment & Technology Archive
Harmed Consumers Receiving Refund Due to Alleged Government Imposter Scheme
Kehoe Law Firm, P.C. is making consumers aware that the Federal Trade Commission announced that it is mailing 4,976 refund checks and sending 44,136 PayPal payments totaling over $2 million to consumers allegedly defrauded by American Immigration Center.
According to the FTC, starting in 2010, the company falsely implied that its websites were affiliated with the U.S. government to sell immigration form preparation services to consumers, many of whom were trying to reach the actual government site to renew their green cards or apply for naturalization. Consumers often did not realize that they were not on a government website until they had already paid the defendants $120 to $300.
The consent order settling the Commission’s charges banned the defendants from engaging in the illegal conduct alleged in the complaint and required defendants to clearly disclose that their websites are not affiliated with the government. It also imposed a $2.2 million judgment to provide refunds to allegedly defrauded consumers.
According to the FTC, consumers who receive a check from the FTC should deposit or cash the check within 60 days, as indicated on the check. The FTC is also sending refund payments via PayPal to consumers for whom the agency does not have a mailing address. Consumers will have 30 days to accept the PayPal payment. The FTC’s related FAQ provides more details about how the refund process will work.
Analytics, Inc., the refund administrator for this matter, will, according to the FTC, begin mailing checks today. The refund amount for each consumer is $42.71. The FTC never requires consumers to pay money or provide information to cash refund checks. Consumers who have questions about the mailing should call Analytics, Inc. at 1-877-729-1539.
Source: FTC.gov
