May 19, 2020 | Securities Class Action Archive
Kehoe Law Firm, P.C. Investigating Potential Breaches of Fiduciary Duties by Tupperware Officers And/Or Directors
Kehoe Law Firm, P.C. is investigating potential breaches of fiduciary duty claims involving certain officers and/or directors of Tupperware Brands Corporation (“Tupperware” or the “Company”) (NYSE: TUP)
The investigation involves whether Tupperware’s officers and/or directors breached fiduciary duties by failing, among other things, to disclose the true risk of further impairment of its Fuller Mexico business and whether Tupperware’s financial guidance was overstated.
Tupperware investors who have owned their stock shares continuously since January 2018 are encouraged to complete the form on the right, e-mail [email protected], or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], to discuss the Tupperware investigation or potential legal claims.
May 18, 2020 | Consumer Protection, Employment & Technology Archive
FTC and SBA Warn Operator of SBA.com and Lead Generator Lendio to Stop Potentially Misleading Coronavirus Relief Loan Marketing
Kehoe Law Firm, P.C. is making consumers aware that on May 18, 2020, the FTC announced that the FTC and SBA sent warning letters to two companies that may be misleading small businesses seeking SBA loans as a result of the coronavirus pandemic.
The letters, according to the FTC, are being sent to ITMedia Solutions, LLC (“IT Media”) and Lendio, Inc. (“Lendio”), whose marketing could lead consumers to believe they are affiliated with the SBA, or that that consumers can apply on their site for loans through the Paycheck Protection Program (“PPP”) or other programs authorized by the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act.
The letter to California-based IT Media, which operates SBA.com among other sites, highlights claims like “Your Paycheck Protection Program Loan starts here!” and encouraging consumers to “Get Started” with PPP loan applications.
The letter to Utah-based Lendio warns the company about its own claims and those of lead generators who work for it, including IT Media. In addition to the claims noted above, the letter also points to another Lendio lead generator whose site has claimed it was an authorized SBA loan packager for PPP and has advertised its services for a $495 fee, despite the SBA prohibiting lead generators or other agents from charging fees to PPP loan applicants.
The letters warn the recipients to take immediate action to ensure all deceptive claims are removed and to remediate any harm to small business consumers as a result of the claims. The letters also instruct the recipients to notify the FTC within 48 hours about the specific actions they have taken to address the agency’s concerns.
Source: Federal Trade Commission – FTC.gov
May 18, 2020 | Consumer Protection, Employment & Technology Archive
FTC Sending More Than $12 Million in Full Refunds to Victims of Online Billing Scam
Kehoe Law Firm, P.C. is making consumers aware that on May 18, 2020, the FTC announced that it is sending full refunds (totaling more than $12 million) to individuals who lost money to a company called I Works, which operated deceptive “trial” memberships and bogus government-grant and money-making schemes in 2010.
Utah-based I Works, according to the FTC, ran numerous online marketing campaigns, which falsely advertised that federal grants for personal needs were generally available to consumers, and that people who used I Works’ money-making product were likely to earn substantial income. The company, according to the FTC, unlawfully enrolled consumers in membership programs without disclosing, or without disclosing clearly, that it would charge their accounts on a recurring basis until consumers canceled.
Allegedly, I Works asked consumers to provide their credit or debit card information to pay a nominal shipping and handling or processing fee, such as $1.99; however, when consumers provided that information, I Works routinely charged them a one-time fee of up to $129.95 followed by monthly recurring fees of up to $59.95 for the advertised ”free” offers, and other monthly fees for programs that I Works failed to disclose to the consumers.
The FTC announced that it is providing 147,333 full refunds, averaging about $86 each, to victims of the I Works scheme. Most recipients will get their refunds via check, and they should deposit or cash their checks within 60 days. Recipients with mailing addresses outside the U.S. will receive their refunds via PayPal.
The FTC never requires people to pay money or provide account information to cash a refund check. If recipients have questions about the refunds, they should contact the FTC’s refund administrator, JND Legal Administration, at 888-304-0228.
Source: Federal Trade Commission – FTC.gov
May 15, 2020 | Shareholder & Investor Protection
SEC Charges Applied BioSciences Corp. and Turbo Global Partners, Inc. Over Claims In Press Releases To Offer Products To Combat Coronavirus – COVID-19
Kehoe Law Firm, P.C. is making investors and consumers aware that on May 14, 2020, the Securities and Exchange Commission announced charges in two cases involving companies that claimed in press releases to offer products to combat the COVID-19 virus – one against Applied BioSciences Corp. (“Applied BioSciences”) and one against Turbo Global Partners, Inc. (“Turbo Global”) and its CEO, Robert W. Singerman (“Singerman”). The SEC previously suspended trading temporarily in the securities of Applied BioSciences and Turbo Global.
According to the SEC’s complaint against Applied BioSciences, the company issued a press release on March 31 stating that it had begun offering and shipping supposed finger-prick COVID-19 tests to the general public that could be used for “Homes, Schools, Hospitals, Law Enforcement, Military, Public Servants or anyone wanting immediate and private results.” The complaint alleges that contrary to these claims, the tests were not intended for home use by the general public and could be administered only in consultation with a medical professional. The complaint further alleges that Applied BioSciences had not shipped any COVID-19 tests as of March 31, and its press release failed to disclose that the tests were not authorized by the U.S. Food and Drug Administration.
The SEC’s complaint against Turbo Global and Singerman alleges that the company issued false and misleading press releases on March 30 and April 3 regarding a purported “multi-national public-private-partnership” to sell thermal scanning equipment to detect individuals with fevers. According to the complaint, the company claimed in its press releases that this technology could be instrumental in “breaking the chain of virus transmission through early identification of elevated fever, one of the key early signs of COVID-19.” The press releases also, allegedly, included statements, attributed to the CEO of Turbo Global’s supposed corporate partner in the partnership, that the technology “is 99.99% accurate” and was “designed to be deployed IMMEDIATELY in each State.” The complaint alleges that Turbo Global had no agreement to sell the product, there was no partnership involving any government entities, and the CEO of Turbo Global’s supposed corporate partner did not make or authorize the statements attributed to him. According to the complaint, Singerman drafted the releases, which he knew to be false. The SEC charged Singerman with fraud in 1999 based on his fraudulent sale of securities through a network of boiler rooms, and obtained a permanent injunction against him.
The SEC’s complaint against Applied BioSciences charges the company with violating antifraud provisions of the federal securities laws and seeks permanent injunctive relief and civil penalties. The SEC’s complaint against Turbo Global and Singerman charges them with violating antifraud provisions of the federal securities laws and seeks permanent injunctive relief and civil penalties, and an officer and director bar against Singerman.
Source: U.S. Securities and Exchange Commission – SEC.gov
May 14, 2020 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. Is Making Consumers Aware of Entities Named As Defendants In Recently Filed Class Action Lawsuits Alleging Violations of the Telephone Consumer Protection Act
CHW Group, Inc., d/b/a Choice Home Warranty
Plaintiff allegedly received unsolicited autodialed calls from (800) 814-4345.
Accel Capital LLC
The following telemarketing text message was allegedly sent to Plaintiff’s phone from (724) 888-5067:
Songwhale LLC and Other Unknown Defendants
Plaintiff was allegedly contacted from SMS “short code” 9423-53, “in an attempt to solicit people to join the U.S. Army Reserve.”
Sync Brokerage, Inc.
Plaintiff allegedly received at least 15 unwanted text messages from SMS 484-848. Some of the text messages, allegedly, invited the Plaintiff to call (818) 614-4380, (818) 239-6270 or (818) 770-3660; at least one text message requested Plaintiff to “Join #SYNC, the Pioneers of the new era in Real Estate, where massive office space and agent quantity does not define quality”; and at least one of the text messages included links to http://tapit.us/yJp1p or http://tapit.us.teRsx.
AZ Mobile Applications, LLC
Plaintiff allegedly received unsolicited text messages from (619) 552-3410, an example of which is as follows:
Universal Promote, Inc.
Plaintiff allegedly received the following unsolicited text message advertising “Zentap’s video commercial services” from (910) 507-2043:
Alarm.com Inc.
Plaintiff allegedly received an unsolicited text message from (954) 507-9334 “promoting” the alarm services of Alarm.com.
Jobcase, Inc.
Plaintiff allegedly received unsolicited text messages, including the following text message from (816) 203-3426:
Andrew, looking for a Operations job around NEW YORK? We would like to speak with you: 8162033426
-jobcase text STOP to end
Core Home Security, LLC, d/b/a Smart Home Security
Plaintiff allegedly received the following two prerecorded business solicitation messages from (747) 322-3829 and (818) 938-8289, asking Plaintiff to call (844) 916-0448:
Hey this is Mark with home security promotions. Calling you about a free doorbell camera and alarm system, its Monday April 13th, were in your area this week, so you call me back toll free at 844-916-0448. Thanks.
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.
