FTC, FLORIDA AG TRY STOPPING ROBOCALLS REGARDING CREDIT CARD INTEREST RATE REDUCTION PROGRAMS

FROM:  U.S. FEDERAL TRADE COMMISSION
FTC and Florida Attorney General Sue to Stop Illegal Robocalls Pitching Worthless Credit Card Interest Rate Reduction Programs
Another Action Targeting Robocalls from “Card Member Services”

At the request of the Federal Trade Commission and the Florida Attorney General, a federal district court has temporarily halted an Orlando-based operation that has been bombarding consumers since 2011 with massive robocall campaigns designed to trick them into paying up-front for worthless credit card interest rate reduction programs.

The court order stops the illegal calls, many of which targeted seniors and claimed to be from “credit card services” and “card member services.” The defendants charged consumers up to $4,999 for their non-existent services.

“Working with the Florida Attorney General, we’re shutting down a scam that blasted robocalls to older people and offered bogus solutions to relieve credit card debt,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “It’s illegal to sell products or services with out-of the-blue robocalls, and if you get one you can expect that the sales pitch is a lie, too.”

“These scammers were making illegal robocalls to people nationwide, some of whom were seniors on fixed incomes. Too often the services promised were never provided, and consumers faced even more credit card debt through charges made without their consent,” said Attorney General Pam Bondi. “My office, in partnership with the FTC, has shut down this illegal credit card interest rate reduction scam and brought those responsible under the control of a federal court receiver.”

Doing business as Payless Solutions, the defendants have been illegally calling thousands of consumers nationwide – including many seniors – claiming that their program will save them at least $2,500 in a short period of time and will enable them to pay off their debts more quickly. After convincing consumers to provide their credit card information, the defendants then charged between $300 and $4,999 up-front for their worthless service. In some cases, they illegally charged consumers without their consent.

The joint agency complaint alleges that the defendants fail to provide consumers with the promised interest rate reductions or savings. Instead, some consumers receive a package of financial education information that they did not request or agree to pay for. In other cases, the defendants use consumers’ personal information to apply for new credit cards, presumably with low introductory interest rates, without consumers’ knowledge or consent.

The complaint also charges the defendants with making many calls to consumers whose phone numbers are on the FTC’s National Do Not Call Registry, and with a number of violations of the FTC’s Telemarketing Sales Rule and Florida’s Telemarketing and Consumer Fraud and Abuse Act.

The FTC and Florida Attorney General’s Office appreciate the assistance of the Florida Department of Agriculture and Consumer Services and the Orange County Sherriff’s Office in bringing this case.

The defendants include: 1) All Us Marketing LLC, f/k/a Payless Solutions, LLC; 2) Global Marketing Enterprises Inc., f/k/a Pay Less Solutions Inc.; 3) Global One Financial Services LLC; 4) Your #1 Savings LLC; 4) Ovadaa LLC; 5) Royal Holdings Of America LLC; 6) Gary Rodriguez; 7) Marbel Rodriguez; 8) Carmen Williams; 9) Jonathan Paulino; 10) Fairiborz Fard; 11) Shirin Imani; and 13) Alex Serna.

The Commission vote approving the joint complaint was 5-0. The complaint was filed in the U.S. District Court for the Middle District of Florida, Orlando Division, on June 22, 2015. That same day the court entered a temporary restraining order freezing the defendants’ assets and appointing a temporary receiver over the business.

FTC TESTIFIES ON COMBATING ILLEGAL ROBOCALLS

FROM:  U.S. FEDERAL TRADE COMMISSION
FTC Testifies Before Senate Special Committee on Aging Regarding Efforts to Combat Illegal Robocalls

The Federal Trade Commission highlighted to Congress its multi-faceted approach to protecting consumers from unwanted telemarketing calls and illegal robocalls (prerecorded phone messages) in testimony today before the U.S. Senate Special Committee on Aging.

Testifying on behalf of the agency, Lois Greisman, Associate Director, FTC’s Division of Marketing Practices, said the Commission is using every tool at its disposal to fight illegal robocalls (some of which target seniors) including aggressive law enforcement, crowdsourcing technical solutions, and robust consumer and business outreach.

To date, the National Do Not Call Registry has garnered more than 217 million active telephone numbers and protected consumers’ privacy from the unwanted calls of tens of thousands of legitimate telemarketers who subscribe to the Registry each year. The FTC amended its Telemarketing Sales Rule in 2009, making the majority of robocalls illegal – regardless of whether a consumer participates in the Registry or not.

According to the written testimony, the Commission has brought 120 Do Not Call enforcement actions against 377 corporations and 298 individuals, of which 37 are robocall enforcement actions against 121 companies and 90 individuals. Of the $100 million collected in Do Not Call cases, $28 million have resulted from cases involving illegal robocalls. The FTC also regularly coordinates its enforcement actions with state and federal law enforcement partners, including referrals to its partners for criminal prosecution.

Yet, illegal robocalls remain a significant problem for consumers because Voice over Internet Protocol (VoIP) and other telephony technology make it possible for telemarketers to blast millions of prerecorded messages at low cost. Many scammers from around the world also use these calls to harass consumers and attempt to defraud them.

Recognizing a need to spur the marketplace to develop technical solutions, the agency has hosted a series of crowdsourcing initiatives in recent years. These public challenges are designed to put solutions in the hands of consumers as well as further the development of investigative tools used by law enforcement.

The qualifying phase of the FTC’s current contest, Robocalls: Humanity Strikes Back, ends on June 15, 2015. The agency is challenging contestants to build solutions for consumers that not only block robocalls from reaching consumers, but also enables them to forward unwanted calls to a crowd-source honeypot so the data will be accessible to law enforcement and industry stakeholders. The FTC is offering up to $50,000 in cash prizes for the winners.            

Staff also engages with industry experts including academics, telecommunication carriers, technology companies, and other counterparts to better understand the robocall landscape and seek new strategies and technical solutions to tackle this difficult issue.

DEFENDANTS IN "RACHEL ROBOCALLS" CASE FOUND BY COURT TO BE LIABLE FOR $1.7 MILLION

FROM:  U.S. FEDERAL TRADE COMMISSION
Court Finds Defendants in FTC’s Treasure Your Success “Rachel Robocalls” Case Liable for $1.7 Million

Universal Processing Services (UPS) of Wisconsin, LLC, a payment processor, and telemarketer Hal E. Smith and his company HES Merchant Services Company, Inc. (HES), defendants in the Federal Trade Commission’s case against a deceptive robocall credit card interest rate reduction scheme, were jointly ordered to pay $1,734,972 to the Commission by a Florida district court. The money will be used to provide refunds to defrauded consumers.

 “The defendants blasted thousands of people with illegal robocalls and lied about helping relieve their credit card debt,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “Now they’re out of the robocall business. The court’s decision also shows that it’s bad business for payment processors to help scammers take people’s money.”

The final orders announced today against UPS, which did business as Newtek Merchant Solutions, Smith, and HES follow the court's November 2014 order granting the FTC’s motion for summary judgment against these three defendants who took part in the Treasure Your Success (TYS) scheme. The rest of the defendants had previously agreed to final orders settling the agency’s charges against them.

The court held Smith and HES liable for 11 violations of the FTC Act and the Commission’s Telemarketing Sales Rule (TSR), based on their participation in a deceptive telemarketing scheme purporting to be a credit card interest rate reduction service that used robocalls to solicit consumers. The defendants failed to disclose the identity of the person(s) responsible for placing the robocalls and unlawfully calling numbers that had been registered on the FTC’s Do Not Call Registry.

In February 2015, the court entered a permanent injunction against Smith and HES that includes 20-year bans on robocalls, telemarketing, and marketing debt relief products or services. It also permanently prohibits Smith and HES from making misrepresentations in the sale or marketing of any product or service, including financial products or services, and imposes the $1.7 million judgment.

The court also found UPS liable for “assisting and facilitating” the TSR violations of the other defendants by providing the interface with the banks to handle credit card payments while knowing (or avoiding knowing) of the underlying TSR violations. Among other things, the court found that UPS had ignored numerous red flags that, if properly investigated, would have led UPS to decline TYS as a client. The court imposed the same $1.7 judgment million against UPS.

After the summary judgment ruling, UPS agreed to a settlement permanently barring the company from processing payments for clients whom it knows or should have known: 1) fall into certain categories that have received close industry attention, such as debt relief services; 2) make misrepresentations to consumers; 3) charge consumers without their authorization; and 4) otherwise violate the FTC Act or the TSR. It also requires UPS to put screening and monitoring provisions in place for use when accepting future clients.

The Commission vote approving the proposed stipulated final order against UPS was 5-0. The proposed stipulated final order was entered by the U.S. District Court for the Middle District of Florida, Orlando Division, and has now been signed by the judge.

The following defendants previously agreed to stipulated final orders settling the FTC’s charges against them:

On September 23, 2013, a permanent injunction against defendants Willy Plancher; Valbona Toska, WV Universal Management, LLC; Global Financial Assist, LLC; and Leading Production, LLC banning them from robocalling, telemarketing, and marketing debt relief products or services;
On October 6, 2014, a permanent injunction against Ramon Sanchez-Ortega barring him from robocalling and telemarketing;
On November 19, 2014, a permanent injunction and $25,000 financial judgment against Derek Depuydt, UPS’s former president prohibiting him from acting as a payment processor, independent sales organization, or a sales agent for high-risk clients; and
Also on November 19, 2014, a permanent injunction against Jonathon E. Warren; Business First Solutions, Inc.; and Voiceonyx Corp. barring them from robocalling, telemarketing, and marketing debt relief products or services.
NOTE: Stipulated final orders have the force of law when approved and signed by the district court judge.

FTC, FLORIDA AG SETTLEMENT STOPS ROBOCALL OPERATION THAT PUSHED SALES OF MEDICAL ALERT DEVICES TO SENIORS

FROM:  U.S. JUSTICE DEPARTMENT
Settlement with the FTC and Florida Attorney General Stops Operations that Used Robocalls to Fraudulently Pitch Medical Alert Devices to Seniors

A settlement obtained by the Federal Trade Commission and the Office of the Florida Attorney General permanently shuts down an Orlando-based operation that bilked seniors by using pre-recorded robocalls to sell them supposedly free medical alert systems.

The settlement order bans the defendants from making robocalls, prohibits other telemarketing activities, and bars them from making misrepresentations related to the sale of any product or service. The order includes a judgment of nearly $23 million, most of which will be suspended after the defendants surrender assets including cash, cars, and a boat.

”This case is a great example of how federal and state law enforcement can work together to stop fraudulent telemarketing targeting older consumers,” said Jessica Rich, Director of the Federal Trade Commission’s Bureau of Consumer Protection. “The FTC will continue to work with its state partners to protect senior citizens from pernicious schemes like this one.”

“We must do everything within our power to protect Florida’s consumers. The scheme we have stopped allegedly targeted Florida’s senior citizens, and we, along with our Federal Trade Commission partners, have held these individuals accountable,” said Attorney General Pam Bondi.

According to the joint agency complaint, announced in January, the defendants violated the FTC Act, the Commission’s Telemarketing Sales Rule (TSR), and Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) by blasting robocalls to senior citizens falsely stating that they were eligible to receive a free medical alert system that was bought for them by a friend, family member, or acquaintance. Many of the consumers who received the defendants’ calls were elderly, live alone, and have limited or fixed incomes.

Consumers who pressed one (1) on their phones for more information were transferred to a live representative who continued the deception by falsely saying that their medical alert systems are recommended by the American Heart Association, the American Diabetes Association, and the National Institute on Aging. In addition, the telemarketers falsely said that the $34.95 monthly monitoring fee would be charged only after the system has been installed and activated. In reality, consumers were charged immediately, regardless of whether the system was activated or not.

The court order settling the agencies’ charges also imposes a judgment of $22,989,609, the total amount consumers paid for monthly monitoring services for their medical alert devices. The judgment will be suspended as to all of the settling defendants once the individual defendants turn over cash and other assets valued at about $79,000, including $24,000 that was transferred in violation of a court-ordered asset freeze.

Assets that will be sold include a 2008 BMW, a 1984 Hans Christian sailboat, a 2004 Mercedes, and a 2008 Lincoln Navigator. In addition, defendant Joseph Settecase is subject to a second judgment of $39,300, which will not be suspended. This judgment reflects the funds that Settecase retained after selling his Ferrari in violation of the asset freeze and transferring a portion of the proceeds to another defendant.

The defendants subject to the settlement include: 1) Worldwide Info Services, Inc., also doing business as (d/b/a) The Credit Voice; 2) Elite Information Solutions Inc., also d/b/a The Credit Voice; 3) Absolute Solutions Group Inc., also d/b/a The Credit Voice; 4) Global Interactive Technologies, Inc., also d/b/a The Credit Voice Inc.; 5) Global Service Providers, Inc.; 6) Arcagen, Inc., also d/b/a ARI; 7) American Innovative Concepts, Inc.; 8) Unique Information Services Inc.; 9) National Life Network, Inc., and their principals 10) Michael Hilgar; 11) Gary Martin; 12) Joseph Settecase; and 13) Yuluisa Nieves.

One defendant, Live Agent Response 1 LLC, also d/b/a LAR, has not settled, and the FTC and Florida AG are seeking a default judgment against it. In May, the parties stipulated to the dismissal of The Credit Voice, Inc. as a defendant.

The FTC and Florida Attorney General’s Office appreciate the assistance of the following agencies, offices, and organizations in helping to investigate and bring this case: 1) the Indiana Office of the Attorney General; 2) the Minnesota Office of the Attorney General; 3) the Florida Department of Agriculture and Consumer Services; 4) the Better Business Bureau Serving Eastern Missouri and Southern Illinois; 5) the American Heart Association; 6) the American Diabetes Association; 7) the National Institute on Aging;  8) the United States Postal Inspection Service, including its Atlanta, Boston, and Houston divisions; and 9) the Seminole County Sheriff’s Office, Financial Crimes Task Force.

ROBOCALL/TEXT SPAM NETWORK RECEIVES ADDITIONAL CRAMMING CHARGE FROM FTC

FROM:  FEDERAL TRADE COMMISSION 

FTC Adds Mobile Cramming to Charges Against Text Spam and Robocall Network

Amended Complaint Charges Unwanted Cell Phone Billing and Adds Five Defendants

The Federal Trade Commission added new charges of mobile cramming to a complaint the agency previously filed against a group of scammers who allegedly sent millions of unwanted text messages and robocalls to consumers.

The amended complaint adds the mobile cramming charges to the Commission’s original complaint allegations that the operation used text messages promising free $1,000 gift cards and iPads as a way to deceive consumers into signing up for costly subscriptions and giving up personal information.

When consumers followed links in the spam text messages, they were prompted to enter personal information, including their mobile phone number.  The defendants told consumers that the personal information was necessary to ship them the free prize.  However, the defendants used the personal information for several other purposes, including placing robocalls to consumers.   Many consumers who entered their personal information allegedly were then prompted to “confirm” their mobile phone number and were then sent a text message telling them to enter a PIN number on the defendants’ website in order to “claim their prize.”

The amended complaint alleges that, in fact, by confirming their mobile phone number and entering the provided PIN, consumers were being signed up for unwanted premium text messaging services, resulting in a charge of $9.99 per month on their mobile phone bill. According to the FTC’s amended complaint, consumers were not given adequate notice that confirming their number would lead to monthly charges – this notice appeared only in small print at the bottom of the screen or in a separate hyperlinked page.

Two defendants, Burton Katz, also doing business as Polling Associates, Inc. and Boomerang International, LLC, and Jonathan Smyth, also doing business as Polling Associates, Inc., are accused of overseeing the mobile cramming operation along with the creators of the websites.

In addition to adding the defendants involved in the mobile cramming, the amended complaint also adds three new defendants to the case who were believed to be responsible for sending millions of spam text messages and operating the websites to which those messages would direct consumers. The additional defendants are Scott Modist, Joshua Greenberg and Gregory Van Horn. All three are named individually and as officers of Acquinity Interactive, LLC; Modist and Greenberg are also named as officers of 7657030 Canada, Inc.

The Commission vote to file the amended complaint was 5-0. The complaint was filed in the U.S. District Court for the Southern District of Florida.

NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. The case will be decided by the court.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

TELEMARKETER PERMANENTLY BANNED FROM TELEMARKETING

FROM:  FEDERAL TRADE COMMISSION 

Marketer of Robocalling Services Banned from Telemarketing

The head of an operation that enabled telemarketers to make illegal robocalls, call phone numbers on the National Do Not Call Registry, and mask Caller ID information, is permanently banned from telemarketing and robocalling under a settlement with the federal government.

In November 2011, on the Federal Trade Commission’s behalf, the Department of Justice filed a complaint alleging that Joseph Turpel sold services to telemarketers who were violating the FTC's Telemarketing Sales Rule.  The complaint alleged that Turpel knew, or consciously avoided knowing, that clients used his services while calling numbers on the National Do Not Call Registry, transmitting inaccurate caller ID information, and making illegal prerecorded telemarketing solicitations (robocalls).

According to the complaint, Turpel’s clients offered credit card services, home security systems, and grant procurement programs. He allegedly gave clients the means to hide their identity by transmitting inaccurate caller names, such as “SERVICE MESSAGE” or “SERVICE ANNOUNCEMENT,” on caller ID displays.

In addition to banning Turpel from telemarketing and robocalling, the settlement order imposes a $395,000 civil penalty that is suspended based on his inability to pay. The full penalty will become due immediately if Turpel is found to have misrepresented his financial condition.

The Commission vote authorizing DOJ staff to file the proposed  stipulated final order was 4-0. The final order was entered by the U.S. District Court for the Central District of California on April 15, 2014.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

MEDICAL ALERT DEVICE OPERATION GETS COURT ORDERED TEMPORARY ASSET FREEZE

FROM:  FEDERAL TRADE COMMISSION 

At the request of the Federal Trade Commission and the Office of the Florida Attorney General, a U.S. district court has temporarily halted and frozen the assets of an Orlando-based operation that used pre-recorded telephone calls, commonly known as robocalls, to pitch purportedly “free” medical alert devices to senior citizens by false representing that the devices had been purchased for them by a relative or friend. The defendants also allegedly led consumers to believe that the devices were endorsed by various health organizations and that they would not be charged anything before the devices were activated.

The agencies are seeking a court order permanently banning the defendants from engaging in the allegedly fraudulent and illegal conduct, and providing restitution to consumers who were victimized.

“These telemarketers used illegal robocalls to make a sales pitch that was 100 percent false,” said Jessica Rich, Director of the Federal Trade Commission’s Bureau of Consumer Protection. “They lied about the product, about whether health organizations had endorsed it, and about its cost.  And all the while, their M.O. was to take advantage of older people's concerns about their health. We're so glad to work with our partners in Florida to stop this fraud.”
“We will not tolerate unscrupulous individuals targeting the elderly. This company received more than $13 million in commissions since March 2012, and we will do everything in our power to compensate consumers who lost money due to the fraudulent medical alert scheme,” said Florida Attorney General Pam Bondi. “I thank the Federal Trade Commission for its partnership in this effort, which involved thousands of affected consumers, and the numerous other agencies who joined in the effort to stop these business practices.”

According to the joint agency complaint, the defendants violated the FTC Act, the Commission’s Telemarketing Sales Rule (TSR), and Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) by blasting robocalls to senior citizens falsely stating that they were eligible to receive a free medical alert system that was bought for them by a friend, family member, or acquaintance. Many of the consumers who received the defendants’ calls were elderly, live alone, and have limited or fixed incomes.

Consumers who pressed one (1) on their phones for more information were transferred to a live representative who allegedly continued the deception by saying that the medical alert systems are recommended by the American Heart Association (AHA), the American Diabetes Association (ADA), and the National Institute on Aging (NIA). In addition, the telemarketers falsely stated that the monthly monitoring fee for the system will be charged only once the medical alert system has been installed and activated. In reality, the defendants started charging consumers who agreed to receive the system immediately, regardless of whether the system had been activated or not.

Based on this alleged conduct, the joint complaint charges the defendants with misrepresenting a range of facts, including that someone the consumer knows already purchased the system for them, that the defendants’ medical alert system is endorsed by the AHA, ADA, and NIA, and that consumers will not be charged until the system has been activated. The complaint also charges the defendants with violating the TSR by making illegal robocalls, including to consumers on the National Do Not Call Registry, and by failing to disclose the caller’s telephone number or identity.

The Commission vote approving the complaint was 4-0. The complaint was filed in the U.S. District Court for the Middle District of Florida, Orlando Division, on January 6, 2014. The following day, the court entered a temporary restraining order, freezing the defendants’ assets and appointed a temporary receiver over their business. A preliminary injunction hearing in the case is scheduled for January 16, 2014.

The defendants include: 1) Worldwide Info Services, Inc., also doing business as (d/b/a) The Credit Voice; 2) Elite Information Solutions Inc., also d/b/a The Credit Voice; 3) Absolute Solutions Group Inc, also d/b/a The Credit Voice; 4) Global Interactive Technologies, Inc., also d/b/a The Credit Voice Inc.; 5) Global Service Providers, Inc.; 6) The Credit Voice, Inc, also d/b/a TCV; 7) Live Agent Response 1 LLC, also d/b/a LAR; 8) Arcagen, Inc., also d/b/a ARI; 9) American Innovative Concepts, Inc.; 10) Unique Information Services Inc.; 11) Michael Hilgar; 12) Gary Martin; and 13) Joseph Settecase.

The FTC and Florida Attorney General’s Office appreciate the assistance of the following agencies, offices, and organizations in helping to investigate and bring this case: 1) the Indiana Office of the Attorney General; 2) the Minnesota Office of the Attorney General; 3) the Florida Department of Agriculture and Consumer Services; 4) the Better Business Bureau Serving Eastern Missouri and Southern Illinois; 5) the American Heart Association; 6) the American Diabetes Association; 7) the National Institute on Aging;  8) the United States Postal Inspection Service, including its Atlanta, Boston, and Houston divisions; and 9) the Seminole County Sheriff’s Office, Financial Crimes Task Force.

FTC REPORTS TO CONGRESS ON "DO NOT CALL REGISTRY"

FROM:  U.S. FEDERAL TRADE COMMISSION 

The Federal Trade Commission published a biennial report to Congress focusing on the use of the Do Not Call Registry by both consumers and businesses over the past two years. The report also highlights how the FTC is responding to new technologies that have increased the number of illegal robocalls made to telephone numbers on the Do Not Call Registry.

As of September 2013, more than 223 million active numbers were registered for Do Not Call, an increase of more than 5.8 million registrations from the previous fiscal year. The Biennial Report to Congress Under the Do Not Call Registry Fee Extension Act of 2007 notes the FTC recently launched a mobile-friendly way for consumers to sign up for Do Not Call and register Do Not Call complaints, and that the agency received 27 percent of its registrations from mobile devices.

During fiscal year 2013, a total of 2,875 businesses and other entities paid more than $14 million to access the Do Not Call Registry. Another 27,626 entities were provided access, but are exempt from paying fees (because they access five or fewer area codes free of charge or are a charity).

The report notes that voice over internet protocol (VoIP), caller ID spoofing, and automated dialing technology have made it easier for individuals and companies who disregard the law to make high volumes of calls at very little cost. This led to an increase in illegal robocalls, which peaked at approximately 200,000 complaints to the FTC per month at the end of fiscal year 2012.

To combat the increase in illegal robocalls, the FTC hosted a robocall summit, sponsored a public challenge to develop technological solutions, and produced new resources for consumers. .

The Commission vote authorizing the report to Congress was 4-0.

FINAL SIX 'RACHEL ROBOCALL' DEFENDANTS BANNED FROM TELEMARKETING

FROM:  FEDERAL TRADE COMMISSION 
Final Six Defendants in 'Rachel Robocall' Scheme Settle FTC Charges

They Will Be Permanently Banned from All Telemarketing and Debt Relief Services

The final six of 10 defendants named in an alleged “Rachel from Cardholder Services” scam have agreed to settle Federal Trade Commission charges that they misled consumers with bogus claims that they would lower their credit card interest rates.

The FTC settlement bans Emory L. “Jack” Holley IV, Lisa Miller, and the remaining corporate defendants from telemarketing and marketing debt relief services or assisting others in such conduct, prohibits them from misrepresenting any products or services, and imposes a partially suspended $11.9 million judgment.

The FTC filed its complaint in this matter in October 2012, alleging that the defendants violated Section 5 of the FTC Act and the agency’s Telemarketing Sales Rule (TSR) by charging illegal up-front fees during telemarketing calls in which they made false promises to reduce the interest rate on consumers’ credit cards and save them thousands of dollars.

In the complaint, the FTC also charged the defendants with making other misrepresentations, such as claiming that consumers who bought their services would be able to pay off their debts much faster as a result of the lowered credit card interest rates and making false claims about their refund policies.

The other four Key One defendants agreed to settle the FTC charges against them in June of this year. They allegedly defendants participated in the scheme by opening merchant and bank accounts in their names for processing consumer payments obtained in connection with the deceptive sales of credit card interest rate-reduction and by providing substantial assistance, such as web pages, mail drops, customer service, and shipping of CDs with general debt and other financial information to consumers.

Under the settlement announced today, Emory L. “Jack” Holley, Lisa Miller, and the companies they control, will be permanently banned from all telemarketing, with extremely limited exceptions to allow them to engage in legitimate business activities. The settlement also bans the defendants from advertising, marketing, promoting, offering for sale, or selling any debt relief-related products or services. Several of the defendants are repeat offenders, and this ban will permanently stop them from preying on consumers in financial distress.

The final order also prohibits the six defendants from making any misrepresentations related to any financial product or service, and requires them to substantiate any claims they make to consumers in the future about the potential benefits or effectiveness of any product or service. Finally, the order imposes a partially suspended judgment of $11.9 million jointly against the corporate and individual defendants. The defendants' assets, currently being held in receivership, will be paid to the Commission.

The Commission vote approving the proposed consent decree announced today was 4-0. It was filed in the U.S. District Court for the District of Arizona on October 16, 2013, and entered by the court the next day. The final order settles the FTC’s allegations against: 1) ELH Consulting, LLC, also doing business as Proactive Planning Solutions; 2) Purchase Power Solutions, LLC; 3) Allied Corporate Connection, LLC; 4) Complete Financial Strategies, LLC; 5) Emory L. Holley IV, a/k/a Jack Holley, individually and as the sole member of ELH Consulting, LLC; and 6) Lisa Miller, individually and as the sole member of Allied Corporate Connection, LLC, Complete Financial Strategies, LLC, and Purchase Power Solutions, LLC.

COURT STOPS COLLECTION OF ALLEGEDLY PHANTOM PAYDAY LOANS FROM CONSUMERS

FROM:  FEDERAL TRADE COMMISSION 
At the FTC's Request, Court Halts Collection of Allegedly Fake Payday Debts

Defendants' Robocalls and Collectors Threatened Legal Action and Arrest, FTC Alleges

At the request of the Federal Trade Commission, a U.S. district court has halted an operation based in Atlanta and Cleveland that allegedly used deceptive and threatening tactics to collect phantom payday loan “debts” that consumers either did not owe, or did not owe to the defendants.  The court order freezes the defendants’ assets to preserve the possibility of providing redress to consumers, and appoints a receiver.

According to the FTC, the defendants operated under a host of fictitious business names that implied an affiliation with a law firm or a law enforcement agency, such as Global Legal Services, Allied Litigation Group, United Judgment & Appeals, Dockets Liens & Seizures, and United Judgment Center.  Using robocalls and voice messages that threatened legal action and arrest unless consumers responded within a few days, the defendants have collected and processed millions of dollars in payment for phantom debts, according to the complaint.  Their practices have generated almost 3,000 complaints to the FTC’s Consumer Sentinel.

According to documents filed with the court, a typical message stated:  “[T]his is the Civil Investigations Unit.  We are contacting you in regards to a complaint being filed against you, pursuant to claim and affidavit number D00D-2932, where you have been named a respondent in a court action and must appear.  There is a contact number on file which you must call, 757-301-4745.  Please forward this information to your attorney in that the order to show cause contains a restraining order.  You or your attorney will have 24 to 48 hours to oppose this matter.”

Working out of offices in Cleveland and Atlanta, the defendants threatened consumers that if they did not pay, their bank accounts would be closed, their wages would be garnished, they would face felony fraud charges, they would have to appear in court thousands of miles from their homes, or they would be arrested at their workplace, according to documents filed with the court.  Many consumers ended up paying the defendants for debts they did not owe because they feared the threatened repercussions of failing to pay, believed the defendants were legitimate and collecting real debts, or simply wanted to stop the harassment, according to the complaint.

The FTC’s complaint names Lisa J. Jeter, Nichole C. Anderson, Hope V. Wilson, Angela J. Triplett, DeMarra J. Massey, and their companies Pinnacle Payment Services, LLC, Velocity Payment Solutions, LLC, Heritage Capital Services, LLC, Performance Payment Processing, LLC, Credit Source Plus, LLC (Ohio), Credit Source Plus, LLC (Georgia), Reliable Resolution, LLC, Premium Express Processing, LLC (Ohio), and Premium Express Processing, LLC (Atlanta).

This is the FTC’s fifth recent case involving allegedly fraudulent, online payday-loan-related operations.  Other cases include American Credit Crunchers, LLC, Broadway Global Master Inc., Pro Credit, and Vantage Funding.

The complaint charges the defendants with violating the FTC Act and the Fair Debt Collection Practices Act by falsely telling consumers that:

they were delinquent on a payday loan or other debt that the defendants had the authority to collect;
they had the legal obligation to pay the defendants;
they would be arrested or imprisoned if they did not pay; and
the defendants had taken or would take legal action.
The complaint also charges that the defendants illegally called consumers at inconvenient
times or places, including at their workplaces, despite being asked to stop; disclosed supposed debts to family members, employers, and other third parties; harassed consumers with repeated calls; failed to disclose their identity as debt collectors; and failed to provide a required written notice telling consumers how to dispute the alleged debts.

For more consumer information on this topic, see Dealing with Debt.

The Commission vote authorizing the staff to file the complaint was 4-0.  The complaint and request for a temporary restraining order were filed in the U.S. District Court for the Northern District of Georgia, Atlanta Division.  On October 24, 2013, the court granted the FTC’s request.

NOTE:  The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest.  The case will be decided by the court

'RACHEL ROBOCALL' ILLEGAL ROBOCALL CREDIT CARD SCHEME SETTLED BY FTC

FROM:  U.S. FEDERAL TRADE COMMISSION 
FTC Settles ‘Rachel’ Robocall Enforcement Case

The Federal Trade Commission has settled with a set of defendants associated with the A+ Financial Center scheme.  They were charged in last year’s joint law enforcement sweep against five companies that made millions of illegal pre-recorded robocalls claiming to be from “Rachel” and “Cardholder Services” and pitching credit card interest rate reduction services.

In the five complaints announced in November 2012, the FTC charged the companies and their principals with misleading consumers about their services, calling phone numbers on the Do Not Call Registry, illegally collecting up-front fees, and making illegal robocalls. According to the FTC, the A+ Financial Center defendants told consumers that for an up-front fee of between $495 and $1,595, they would lower their credit card interest rate, often promising rates as low as six percent or even zero percent. But after collecting the fee, the defendants did little if anything to help consumers lower their credit card interest rates, or obtain the promised long-term savings.

In settling the FTC’s charges, the defendants are banned from making robocalls, continuing to pitch unsecured debt relief services, misrepresenting the attributes of any financial product or service, and engaging in abusive telemarketing practices such as calling numbers on the Do Not Call Registry. The order also prohibits the defendants from misrepresenting the attributes of any goods or services, and from misrepresenting their relationship with any bank, credit card issuer, credit reporting agency, other lender, or government entity. It also requires them to have reliable evidence to support any claims they make to consumers.

In addition, the proposed order prohibits the A+ defendants from disclosing or benefiting from their customer lists, and prohibits them from collecting or trying to collect money from any consumer who bought their service. Finally, it imposes a judgment of $9,238,155, which will be suspended after defendants transfer all of their assets (except $25,000), including a 2007 Mercedes Benz CL, a 1999 boat valued at approximately $17,000, and a 2002 boat worth about $45,000.

The case against A+ Financial Center, LLC was filed in the U.S. District Court for the Southern District of Florida against the following defendants: A+ Financial Center, LLC, also doing business as Accelerated Financial Centers, LLC; Accelerated Accounting Services LLC; Christopher L. Miano, individually and as the managing member of Accelerated Accounting Services LLC; and Dana M. Miano, individually and as the managing member of A+ Financial Center, LLC.

The Commission vote approving the proposed settlement was 4-0.

Information for Consumers

The FTC has tips for consumers, as well as two new consumer education videos explaining robocalls and describing what consumers should do when they receive one. See ftc.gov/robocalls for more information.

NOTE: Consent judgments have the force of law when approved and signed by the District Court judge.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.