Mar 6, 2020 | Consumer Protection, Employment & Technology Archive
Temporary Restraining Order Obtained by FTC Against Alleged Investor Training Scheme Known As “Online Trading Academy”
Kehoe Law Firm, P.C. is making investors and consumers aware that on February 28, 2020, the FTC announced that a federal court has granted the FTC’s request to temporarily halt the alleged illegal practices of Online Trading Academy (“OTA”).
The FTC’s complaint against OTA, Eyal Shachar (a/k/a Eyal Shahar), Samuel Seiden, and Darren Kimoto, filed earlier this month, alleges that the defendants have used false or unfounded earnings and related claims to sell investment “training programs” costing as much as $50,000.
The FTC’s complaint also alleges that OTA has required consumers who have gotten refunds from OTA to sign contracts that limit their ability to speak to law enforcement agencies or post negative reviews about OTA.
Under the terms of the temporary restraining order, the defendants are prohibited from making false, misleading, or unfounded representations to consumers about OTA’s training, including earnings claims. OTA also is prohibited from making or enforcing contracts that limit consumers’ ability to speak to law enforcement agencies or leave reviews online. Additionally, OTA is temporarily barred from collecting payments on the loans it made to customers to finance purchases from the company, and it is not allowed to sell the debt to others or report consumers to credit bureaus for non-payment of the loans.
The order also temporarily freezes OTA’s assets and limits how much the individual defendants can spend, to preserve funds for potential redress to consumers.
Source: United States Federal Trade Commission. FTC.gov
Mar 6, 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:
PFVT Motors, LLC d/b/a Peoria Ford
Class action lawsuit filed on March 5, 2020 in United States District Court for the District of Arizona against PFVT Motors, LLC, d/b/a Peoria Ford. Allegedly, PFVT Motors, LLC, d/b/a Peoria Ford, “engages in aggressive unsolicited marketing, harming thousands of consumers in the process.”
The class action complaint alleges that “[o]ver the past three years, [PFVT Motors, LLC, d/b/a Peoria Ford] caused numerous marketing solicitation calls to Plaintiff’s cellular telephone.” Further, the complaint alleges that the Plaintiff “told Defendant to stop calling her numerous times but [PFVT Motors, LLC, d/b/a Peoria Ford] continued to call [Plaintiff] repeatedly.”
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 5, 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:
1-800 Construction, Inc.
Class action lawsuit filed on March 3, 2020 in United States District Court, Eastern District of California, against 1-800 Construction, 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, 1-800 Construction “contacted Plaintiff on Plaintiff’s cellular telephone . . . in an attempt to solicit Plaintiff to purchase Defendant’s services.” 1-800 Construction, allegedly, “did not possess Plaintiff’s ‘prior express consent’ to receive calls using an automatic telephone dialing system or an artificial or prerecorded voice on [Plaintiff’s] 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 5, 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:
Dominion Enterprises, Inc.
Class action lawsuit filed on March 4, 2020 in United States District Court, District of Arizona, against Dominion Enterprises, Inc., d/b/a Homes.com, “to stop Homes.com from violating the [TCPA] by sending unsolicited autodialed text messages to consumers.”
According to the complaint, “Homes.com is a real estate website that[,]among other things[,] generates leads for listings for real estate agents.” The complaint alleges that the Plaintiff “never provided her consent to Homes.com to send [Plaintiff] text messages using an automatic telephone dialing system or to otherwise contact [Plaintiff].”
The complaint contained the following example of an unsolicited text message the Plaintiff allegedly received on her cellular telephone without her consent from Homes.com, (757) 600-0580:
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 5, 2020 | Consumer Protection, Employment & Technology Archive
Affiliate Marketers Who Lured Consumers Into A Business Coaching and Investment Scheme Will Surrender Millions of Dollars in Assets to Settle FTC Charges
Kehoe Law Firm, P.C. is making consumers aware that on March 5, 2020, the FTC announced that according to complaints filed by the FTC, a group of affiliate marketer defendants made millions of dollars in commissions by enticing thousands of consumers to pay as much as $60,000 for My Online Business Education (“MOBE”) “mentoring” services, using false claims and misleading testimonials about how much money they could make. The defendants advertised on social media, YouTube, online news sites, and at live events, specifically targeting teenagers, students, and older consumers.
The named defendants in the FTC’s case against the affiliate marketers are Michael Giannulis (“Giannulis”) and Michael Williams (“Williams”), along with several corporate entities they control, as well as Stephen Bransfield (“Bransfield”), Gar Leong Chow (“Chow”), and Scott Zuckman (“Zuckman”) and their companies.
Ultimately, according to the FTC, most people who bought into the MOBE program were unable to recoup their costs, and many experienced crippling losses or mounting debts. The FTC sued MOBE and its main operators in 2018, and its founder, Matthew Lloyd McPhee, recently settled the FTC charges against him.
The defendants, as part of their efforts to recruit people to MOBE, created their own branded “programs” and “systems” with names like Dot-Com Lifestyle, Entrepreneurs Club, and Rookie Profit System.
The FTC also alleged that one set of defendants, led by Giannulis and Williams, started another deceptive coaching scheme, called “My Ecom Club,” after MOBE was shut down. According to the FTC’s complaint, Giannulis and Williams also solicited friends and family members to stand as straw owners and signers for shell companies they used to open merchant accounts, a practice known as credit card laundering.
The settlement orders permanently ban each of the defendants from selling or marketing any business coaching program or money-making method, as defined in the orders.
The order against Chow requires the judgment amount of $3,350,000 to be paid in full to the FTC for potential consumer redress.
The order against Giannulis, Williams, and their companies imposes a monetary judgment of $31.6 million, which will be suspended once defendants pay $760,000 and turn over personal items obtained from their participation in MOBE.
The order against Bransfield and his companies imposes a $4.7 million judgment that is suspended due to inability to pay. Bransfield filed for Chapter 11 bankruptcy in August 2019.
The order against Zuckman includes a judgment of $1.8 million and requires Zuckman to pay $406,150 to the FTC, after which the remainder of the judgment will be suspended due to inability to pay.
In the case of each judgment that is suspended, the full judgment will become due immediately if the defendants are found to have misrepresented their financial condition.
Source: FTC.gov
Mar 5, 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:
Red Robin International, Inc., Red Robin Gourmet Burgers, Inc.
Class action lawsuit filed in United States District Court, Central District of California, against Red Robin International, Inc. and Red Robin Gourment Burgers, Inc. for alleged TCPA violations “by sending consumers unsolicited text messages for marketing and advertising purposes, without prior express written consent, invading the consumers’ right to privacy.”
According to the class action complaint, the Plaintiff was asked if he wanted to participate in the Red Robin Royalty program by a Red Robin server during a Red Robin restaurant visit in 2015. Plaintiff, according to the complaint, provided his telephone number and, subsequently, received text messages listed in the class action complaint as follows:
October 25, 2017:
“Red Robin Royalty: Last chance for a Free Shake with $10 purchase!
Check your Royalty account for details! Offer ends 10/28/18. Reply STOP
to cancel.”
March 26, 2018:
“Red Robin Royalty: 1 week left to get a Free Tavern burger with additional
burger purchase! Check your account for details! Ends 4/1/18. Reply
STOP to cancel.”
April 20, 2018:
“Red Robin Royalty: Get a Free Appetizer w/$10 minimum purchase all
weekend. Check your Royalty account for details. Ends 4/22/18. Reply
STOP to cancel.”
May 25, 2018:
“Red Robin Royalty: One week left to get BOGO 50% off Gourmet
Burgers! Reply STOP to cancel.”
June 29, 2018:
“Red Robin Royalty: Get a Free Appetizer w/$10 minimum purchase all
weekend! Check your Royalty account for details. Ends 7/1/18. Reply
STOP to cancel.” [Emphasis added.]
The class action complaint against Red Robin alleges that “[a]t no time prior to receiving the text messages . . . had Plaintiff ever signed a document, whether in paper or electronic form, reciting that Red Robin was authorized to send text messages to him using an automatic telephone dialing system for telemarketing or advertising purposes. Similarly, at no time prior to receiving the text messages . . . had Plaintiff ever signed a document, whether in paper or electronic form, reciting that he was not required to provide consent as a condition of purchasing any goods or services.”
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.
