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 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.
May 13, 2020 | Consumer Protection, Employment & Technology Archive
Magellan Health Reports Ransomware Attack – Records Included Personal Information (E.g., Name, Address, Employee ID Number) and W-2 or 1099 Details (E.g., Social Security Number or Taxpayer ID Number)
Kehoe Law Firm, P.C. is making consumers aware that Magellan Health, Inc. submitted a breach notification sample to the State of California Department of Justice, Office of the Attorney General, stating that on April 11, 2020 Magellan Health was “the victim of a criminal ransomware attack.”
Magellan’s breach notification stated, among other things, that “[t]he unauthorized actor gained access to Magellan’s systems after sending a phishing email on April 6 that impersonated a Magellan client.” The breach notification also stated that “prior to the launch of the ransomware, the unauthorized actor exfiltrated a subset of data from a single Magellan corporate server, which included some . . . personal information,” and that “[i]n limited instances, and only with respect to certain current employees, the unauthorized actor also used a piece of malware designed to steal login credentials and passwords.”
Magellan Health reported that “[t]he exfiltrated records include personal information such as name, address, employee ID number, and W-2 or 1099 details such as Social Security number or Taxpayer ID number and, in limited circumstances, may also include usernames and passwords.” [Emphasis added.]
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 e-mail [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.
May 11, 2020 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. Investigating Claims On Behalf Of U.S. Consumers Who Purchased Or Owned Recalled MALM Or Other IKEA Chests Or Dressers
The U.S. Consumer Product Safety Commission in conjunction with IKEA issued a voluntary recall notice on June 28, 2016 and again on November 21, 2017 regarding MALM and other IKEA chests and dressers that do not comply with the requirements of the U.S. voluntary industry standard (ASTM F2057-14). The children’s and adult chests and dressers, according to the recall, are unstable if they are not properly anchored to the wall, posing serious tip-over and entrapment hazards that can result in injuries or death to children.
The recalled children’s and adult chests and dressers include 3-drawer, 4-drawer, 5-drawer and three 6-drawer models, as well as other non-MALM models.
Class Action Lawsuit Filed Against IKEA US Retail LLC and IKEA North America Services, LLC
U.S. consumers who purchased or owned a chest or drawer included in IKEA’s recall notices should be aware that a class action lawsuit was filed on May 6, 2020 in United States District Court, Eastern District of Pennsylvania, against IKEA US Retail LLC and IKEA North America Services, LLC alleging, among other things, that
[a]lthough IKEA promised a ‘full refund’ to all owners who requested a refund in connection with the recall, this was a mirage . . .. Most purchasers of the defective chests and dressers did not receive notice of the recall, as a consequence of IKEA’s decision not to contact purchasers directly by mail, email, text or other means. Further, plaintiffs and class members who were aware of the recall received no refund, even though Plaintiffs and many other consumers tried to return the defective and dangerous chests and dressers and sought the full refund promised under the voluntary recall. [Emphasis added.]
According to the class action complaint,
IKEA failed to develop communications concerning the recall that were effective in reaching purchasers of the defective and dangerous chests and dressers; instead, IKEA carried out an ineffectual and inadequate recall campaign that 1) most purchasers of the chests and dressers never became aware of, 2) failed to motivate purchasers to respond to the recall’s promise to provide a refund for recalled items returned to IKEA and 3) did not always provide the cash refund IKEA had promised in its announcement and re-announcement of the recall.[]
Additionally, IKEA failed to take necessary action to contact owners of its defective products as quickly as possible in order to hasten their removal from homes of American consumers, leaving millions of defective and dangerous chests and dressers accessible to consumers and their children.
IKEA failed to communicate accurate and understandable information in a timely and effective manner to the public about the defective chests and dressers, the hazards they presented to children, and the availability of refunds and wall-anchoring services. [Emphasis added.]
Recalled MALM And Non-MALM Chests and Dressers & IKEA’s Voluntary Product Recall Notices
The recalled children’s and adult chests and dressers include the MALM 3-drawer, 4-drawer, 5-drawer and three 6-drawer models and other non-MALM models. The recalled children’s chests and dressers are taller than 23.5 inches; recalled adult chests and dressers are taller than 29.5 inches. The MALM chests and dressers are constructed of particleboard or fiberboard and are white, birch (veneer), medium brown, black-brown, white stained oak (veneer), oak (veneer), pink, turquoise, grey, grey-turquoise, lilac, green, brown stained ash (veneer), and black. A 5-digit supplier number, 4-digit date stamp, IKEA logo, country of origin and “MALM” are printed on the underside of the top panel or inside the side panel.
To view recall details and information about other chest and dresser models subject to the recall, please click either “IKEA Reannounces Recall of MALM and Other Chests and Dressers Due to Serious Tip-Over Hazard,” or “Non-MALM Chest/Dresser Models.”
To view IKEA’s recall notice dated November 21, 2017, please click “IKEA Reannounces Recall of MALM and Other Models of Chests and Dressers Due to Serious Tip-over Hazard; 8th Child Fatality Reported; Consumers Urged to Choose Between Refund or Repair.”
To view IKEA’s recall notice dated June 28, 2016, please click “Following an Additional Child Fatality, IKEA Recalls 29 Million MALM and Other Models of Chests and Dressers Due to Serious Tip-Over Hazard; Consumers Urged to Anchor Chests and Dressers or Return for Refund.”
U.S. purchasers or owners of recalled MALM and non-MALM chests or dressers obtained from IKEA that have been denied a cash refund for the recalled chests or dressers are encouraged to contact Kehoe Law Firm, P.C. by completing the form on the right or sending an e-mail to [email protected].
May 8, 2020 | Consumer Protection, Employment & Technology Archive
Class Action Alleging Violations Of The Telephone Consumer Protection Act Filed Against Discover Financial Services
Kehoe Law Firm, P.C. is making consumers aware that on May 7, 2020, a class action lawsuit was filed against Discover Financial Services, Inc. in United States District Court, Southern District of Iowa. The class action was filed, among other things, to “stop Defendant’s practice of placing calls using an ‘automatic telephone dialing system’ . . . to the cellular telephones of consumers nationwide without . . . prior express written consent . . ..”
According to the complaint, Discover Financial Services called the Plaintiff’s cell phone using an automatic dialing system, which included calls from (614) 758-2344. Allegedly, Discover Financial Services “owns the telephone number (614) 758-2344,” and “when the number is dialed back, an automation answers which states: ‘Thank you for calling Discover . . . ‘.”
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.
