Feb 12, 2019 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making consumers aware that on February 7, 2019, a class action complaint was filed against New Day Financial, LLC, d/b/a Newday USA, and others, as of yet unknown, in United States District Court, Eastern District of California, ” . . . seeking damages and any other available legal or equitable remedies resulting from the [alleged] illegal actions of NEW DAY FINANCIAL, LLC D/B/A NEWDAY USA . . . in negligently, knowingly, and/or willfully contacting Plaintiff on Plaintiff’s cellular telephone in violation of the Telephone Consumer Protection Act, 47. U.S.C. § 227 et seq. (“TCPA”) . . . .”
The complaint against New Day Financial, LLC, d/b/a Newday USA, “a mortgage company,” alleges that the Plaintiff was contacted Plaintiff on Plaintiff’s cellular telephone “in an effort to sell or solicit its services.” According to the complaint, “Plaintiff is not a customer of Defendant’s services and has never provided any personal information, including his cellular telephone numbers, to Defendant for any purpose whatsoever. In addition, Plaintiff told Defendant at least once to stop contacting them. Accordingly, Defendant never received Plaintiff’ “prior express consent” to receive calls using an automatic telephone dialing system or an artificial or prerecorded voice on their cellular telephone pursuant to 47 U.S.C. § 227(b)(1)(A).”
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.
Feb 12, 2019 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making consumers aware that on February 11, 2019, a class action lawsuit was filed in United States District Court for the District of New Jersey against Century 21 Real Estate, LLC “. . . to stop Century 21 from directing its realtors to violate the Telephone Consumer Protection Act by making unsolicited, autodialed calls to consumers without their consent, including calls to consumers registered on the national Do Not Call list, and to obtain injunctive and monetary relief for all persons injured by Century 21’s conduct.”
According to the class action complaint, ” . . . Century 21’s direction of realtors’ marketing resulted in [the Plaintiff] receiving unsolicited, autodialed calls from 8 different realtors associated with 2 different franchised locations over an eight month period (from May 2018 through January 2019) culminating in [the class action] Complaint seeking injunctive relief and statutory damages on behalf of all similarly situated consumers, including those, like [the Plaintiff], whose telephone numbers were registered on the national Do Not Call list at the time they received Century 21’s realtors’ calls.”
The class action complaint states that “[the Plaintiff] had a property listed for sale with a realtor which he withdrew from the market on May 15, 2018. That listing never included Plaintiff’s cellular phone number. Months later, on October 29, 2018, [Plaintiff’s] listing agreement with his realtor expired. After both of these events – the May 2018 delisting of [Plaintiff’s] property from the multiple listing services and the October 2018 expiration of his listing agreement – triggered a series of unsolicited, autodialed calls from Century 21 realtors soliciting [Plaintiff] to relist his property with them.”
Further, the Plaintiff, according to the complaint, ” . . . does not have a relationship with Century 21, and has never consented to calls from Century 21’s realtors. Simply put, Century 21 did not obtain Plaintiff’s prior express written consent to place any solicitation telephone calls to him using an autodialer or otherwise. In fact, Plaintiff’s cellular phone number was never even associated with any public listing for his property, all of which listed his realtor’s telephone number as a point of contact.”
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.
Feb 1, 2019 | Consumer Protection, Employment & Technology Archive
On February 1, 2019, the Federal Trade Commission announced that it is mailing 227,995 checks totaling more than $6 million to consumers who purchased health products from three individuals and the 19 companies they controlled—collectively known as Tarr, Inc. Affected consumers will soon receive their refund checks, which average $26.57.
According to the FTC’s complaint, filed in November 2017, Tarr, Inc. used a vast network of online marketers to sell more than 40 different products mostly advertised as promoting weight loss, muscle building, or wrinkle-reduction. The FTC alleged that the defendants used unsupported claims, fake magazine and news sites, bogus celebrity endorsements, and phony consumer testimonials to market their products.
The FTC also alleged that the defendants used deceptive offers of “free” and “risk-free” trials, and automatically enrolled people without their consent in programs that charged them for additional products each month.
The settlement prohibits the defendants from using the deceptive marketing tactics alleged in the FTC’s complaint and imposed a suspended monetary judgment that required them to pay $6.4 million to the FTC to provide refunds.
Recipients, according to the FTC, should deposit or cash checks within 60 days, as indicated on the check. The FTC never requires consumers to pay money or provide account information to cash a refund check.
Consumers with questions about these refunds should contact the FTC’s refund administrator, Epiq, at 877-861-1501. More information about the FTC’s refund program is available at ftc.gov/refunds.
Source: FTC.gov
Feb 1, 2019 | Consumer Protection, Employment & Technology Archive
DOJ Announces G Nova Corporation and Its CEO Indicted for Conspiracy to Fix Prices of Koozies; Netbrands Media Corporation and Two of Its Top Executives Agree to Plead Guilty to Conspiracy to Fix Prices of Wristbands, Lanyards, Temporary Tattoos, and Buttons
On January 31, 2019, the Department of Justice announced that a federal grand jury in Houston returned an indictment against Taiwan-based G Nova Corporation (“G Nova”) and its Chief Executive Officer, Yeh Fei Chu, aka Jim Chu (“Chu”), for participating in a conspiracy to fix prices of Koozies (foam or fabric sleeves that thermally insulate beverage containers such as cans or bottles) sold in the United States.
The Department of Justice also announced that it has filed criminal charges against Netbrands Media Corporation (“Netbrands”) and two of Netbrands’ top executives, Mashnoon Ahmed (“Ahmed”) and Mueen Akhter (“Akhter”), for their roles in a separate conspiracy to fix prices of wristbands, lanyards, temporary tattoos, and buttons sold in the United States. Netbrands has agreed to plead guilty and pay a criminal fine of over $6 million. Ahmed and Akhter entered guilty pleas on January 8, 2019.
Including the results announced, the investigation into the customized promotional products industry has resulted in charges against five companies and six individuals. The charges announced against G Nova and Chu are the first that relate to a conspiracy to fix prices of Koozies.
Including Netbrands, Akhter, and Ahmed, nine defendants have been charged for their roles in a separate price-fixing conspiracy related to sales of other customized promotional products, including wristbands. All nine of those defendants have agreed to plead guilty.
G Nova & Chu
The indictment against G Nova and Chu, filed in United States District Court for the Southern District of Texas in Houston, charged the two defendants with participating in a conspiracy to fix prices of Koozies (also known as can coolers or coolies) beginning in about May 2012 and continuing until at least February 2014. The one-count felony indictment chargedthat G Nova and Chu carried out the conspiracy by agreeing to fix the prices of Koozies during meetings and other communications.
Netbrands, Ahmed & Akhter
According to the felony charge filed against Netbrands on January 24, 2019, the felony charges filed against Ahmed and Akhter on December 3, 2018, and the plea documents filed in the cases against Ahmed and Akhter on January 8, 2019, in the United States District Court of the Southern District of Texas in Houston, the defendants and their co-conspirators agreed to fix the prices of customized promotional products, including wristbands, lanyards, temporary tattoos, and buttons, sold online from as early as May 2014 until at least June 2016. The defendants and their co-conspirators used social media platforms and encrypted messaging applications, such as Facebook, Skype, and Whatsapp, to reach and implement their illegal agreements.
In addition to pleading guilty, Netbrands has agreed to pay a $6,531,687 million criminal fine and cooperate with the Antitrust Division’s ongoing investigation. As part of their guilty pleas, Ahmed and Akhter also agreed to cooperate with the ongoing investigation.
A criminal violation of Section 1 of the Sherman Act carries a maximum sentence of 10 years in federal prison and a fine of $1 million for individuals, and a maximum fine of $100 million for corporations. The maximum fines may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Source: Justice.gov
Jan 31, 2019 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making consumers aware that on January 27, 2019 a class action lawsuit was filed in United States District Court, District of Minnesota, “. . . for damages, injunctive relief, and any other available legal or equitable remedies, resulting from the illegal actions of defendant QUICKEN LOANS INC. . . . in negligently and/or intentionally contacting Plaintiff on her cellular telephone, in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., (‘TCPA’) . . . .”
According to the class action complaint:
According to Quicken Loan’s website, an individual can sign up for Quicken Loans Text Alerts by texting AMAZE to the short code 262-93.
Sometime prior to November 2018, [the Plaintiff] went onto QuickenLoans.com to compare rates using Quick Loans’ Mortgage Calculator, a free service. At no time did [the Plaintiff] text AMAZE to the short code 262-93, or consent to receive text messages in any other way.
On or about November 26, 2018, at approximately 4:34 p.m., Quicken Loans sent [the Plaintiff] a marketing text message to her cellular telephone ending in “3058”, from the short code 262-93. The November 26, 2018, text message read:
Quicken Loans: Time’s running out on our Biggest Deal of the Year! Lock your rate now. http://m.qloans.co/N2CRyGuU Reply HELP for help, STOP to end text
[The Plaintiff] had received several marketing text messages identical to the one above for the past two months. Each time that Plaintiff received this text in the past, she responded with “Stop.”
However, such requests went unheeded, as [the Plaintiff] received another text message on November 26, 2018.
Having no other option, on November 26, 2018, Ms. Hyde yet again responded to the text message with “Stop”.
Similar to her other attempts, Quicken Loans responded with:
QLTextAlerts: You are unsubscribed & will no longer receive messages from us. Reply HELP for help. Msg&Data Rates May Apply. 1-800-863-4332
Despite this clear revocation of consent (if consent had existed in the first instance) and Quicken Loans[‘] acknowledgment of the revocation, on December 4, 2018, at approximately 12:34 p.m., Quicken Loans sent [the Plaintiff] another text message from its SMS short code soliciting their business.
The December 4, 2018[] text message read as follows:
Quicken Loans Rate Alert: Rates have dropped! See Today’s Rates: http://m.qloans.co/GsaryGBE Reply HELP for help, STOP to end text
As [the Plaintiff] had done many times before, [the Plaintiff] replied in a text message with the word “STOP”.
(Emphasis added)
The complaint also alleges that Quicken Loans did not have the Plaintiff’s prior express written consent to send the text messages to the cellular telephone of the Plaintiff, “especially after Plaintiff had clearly and expressly requested on multiple occasions that Quicken Loans cease sending text messages.”
Further, Quicken loans, allegedly, “sent or transmitted on its behalf, the same or substantially similar unsolicited text messages en masse to thousands of customers’ cellular telephones nationwide,” and sent “text messages to Plaintiff’s cellular telephone using short message script (‘SMS’) messaging technology, specifically SMS ‘262-93’.”
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.
Jan 30, 2019 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making consumers aware that on January 28, 2019, a class action lawsuit was filed against Quicken Loans Inc. in United States District Court, Central District of California, “. . . for legal and equitable remedies resulting from the [alleged] illegal actions of Quicken Loans Inc. in transmitting unsolicited, autodialed SMS or MMS text messages, en masse, to Plaintiff’s cellular device and the cellular devices of numerous other individuals across the country, in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (‘TCPA’).”
According to the class action complaint, “[f]or over at least the past year, continuing through the present, [Quicken Loans] transmitted or caused to be transmitted, by itself or through an intermediary or intermediaries, numerous SMS or MMS text messages to the [Plaintiff’s cellular telephone number] without Plaintiff’s prior express written consent . . . .”
Further, the complaint alleges that “Plaintiff . . . on several occasions attempted to put a stop to [Quicken Loans’] invasive text messages by responding ‘STOP,’ to no avail. For instance, over a week before receiving [certain] text messages . . ., Plaintiff . . . texted ‘STOP’ in an attempt to end the onslaught of Defendant’s digital junk mail . . . .”
The complaint alleges that “[t]he source of the unsolicited text messages that [Quicken Loan] transmitted to the [Plaintiff’s cellular telephone number] was 26293, which is a telephone number leased by [Quicken Loans] or [Quicken Loans’] agent(s) or affiliate(s) and is used for operating [Quicken Loans’] text message marketing program.”
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.
