Legal Library: Cases and Proceedings

The FTC and the State of Maine’s complaint against Health Research Laboratories and its principal, announced in November 2017, alleged that the defendants deceptively marketed two of their health products, BioTherapex and NeuroPlus. In November 2018, the FTC mailed 16,596 checks totaling more than $750,000 to consumers who bought the two deceptively marketed supplements. The FTC and State of Maine subsequently filed a motion seeking a contempt order against the defendants in December 2019, for allegedly violating the final Commission order by continued to market and sell dietary supplements with claims that were not supported by competent and reliable scientific evidence. In November 2020, the FTC staff discontinued its contempt action and filed an administrative complaint against the defendants. The FTC announced a proposed order settling the complaint in March 2020.

In December 2018, the operators of a student loan debt relief scheme agreed to pay approximately $1.3 million to settle Federal Trade Commission allegations that they pretended to be affiliated with the U.S. Department of Education or with consumers’ loan servicers, and tricked consumers into believing that illegal upfront fees were being used to pay off their student loans. In July 2020, the FTC announced it was mailing checks totaling more than $1 million to individuals who lost money to the scheme.

The operators of a work-from-home scheme and the CEO of their main affiliate marketing network agreed to pay nearly $1.5 million to settle Federal Trade Commission allegations that they used misleading spam emails to lure consumers into buying work-from-home services. 

In their complaint against Madera Merchant Services and B&P Enterprises, the Federal Trade Commission and the Ohio Attorney General allege that the companies generated and processed remotely created payment orders (RCPOs) or checks that allowed many unscrupulous merchants, including deceptive telemarketing schemes, to withdraw money from their victims’ bank accounts. The FTC’s Telemarketing Sales Rules (TSR) specifically prohibits the use of RCPOs in connection with telemarketing sales. The court issued temporary restraining orders against Madera Merchant Services and B&P Enterprises, halting their operations and freezing their assets. The defendants and the FTC have agreed to a stipulated Preliminary Injunction in this matter. The defendants agreed to a settlement with the FTC in 2020 that permanently banned them from payment processing.

One of the biggest payment processing companies and its former executive will pay more than $40.2 million to settle Federal Trade Commission charges they knowingly processed payments and laundered, or assisted laundering of, credit card transactions for scams that targeted hundreds of thousands of consumers.

The FTC alleged that First Data Merchant Services, LLC and its former vice president, Chi “Vincent” Ko, allegedly ignored repeated warnings from employees, banks, and others that they were laundering, or assisting laundering, and facilitating payments for companies that were breaking the law over a number of years.

A Canadian company, RevenueWire, and its CEO, Roberta Leach, will pay $6.75 million to settle Federal Trade Commission charges they laundered credit card payments for, and assisted and facilitated, two tech support scams previously sued by the FTC. According to the FTC, RevenueWire entered into contracts with payment processors to obtain merchant accounts to process credit card charges for its own sales of eBooks and software. The contracts prohibited RevenueWire from submitting third-party sales through its merchant accounts. In reality, however, RevenueWire used its accounts to process credit card charges and collect payments from consumers on behalf of ICE and Vast, two companies that allegedly used tech support scams to bilk consumers out of millions of dollars.

The Federal Trade Commission is sending refunds totaling more than $6.9 million to small businesses, non-profits, and government agencies targeted by an office supply telemarketing scam that charged them for products they did not order. The FTC alleged that defendants’ victims included child care centers, schools, and police and fire departments.

In March 2020, Nevada-based Health Center, Inc. (HCI) and its owner Peggy Pearce agreed to halt their allegedly deceptive advertising claims about three “cure-all” health and wellness products that targeted older consumers nationwide, in a settlement with the Federal Trade Commission. The order settling the FTC’s complaint prohibits HCI and Pearce from such deceptive conduct and imposes a partially suspended monetary judgment.

In February 2020, two Oregon-based media production companies and their owner agreed to settle FTC charges that they deceptively pitched “exclusive” advertising placements to small businesses and misled them about when the ads would be printed and distributed. The order settling the FTC’s complaint bans the defendants from such deceptive conduct and requires them to pay $100,000.

The FTC is mailing refund checks totaling more than $2.6 million to small businesses who lost money to a New York-based office supply scam operated by a business known as A-1 Janitorial.

The FTC’s December 2016 complaint alleged that between 2011 and 2016 the defendants called timeshare property owners falsely claiming that they had a buyer or renter ready to buy or rent their properties for a specified price, or making false promises to sell the timeshares quickly. A May 2018 settlement order permanently banned the defendants from timeshare resale services and telemarketing and required them to surrender approximately $3.4 million worth of assets to the Commission. On October 10, 2019, the FTC mailed 8,088 refund checks totaling nearly $2.7 million to consumers defrauded by the scheme.

The operator of a job placement company that deceived consumers with false promises of access to high-paying finance jobs and resume repair services for non-existent jobs will be permanently banned from providing employment services under the terms of a settlement with the Federal Trade Commission.

The operators of a student loan debt relief scam have agreed to settle Federal Trade Commission charges that they bilked millions from consumers by falsely claiming to enroll consumers in loan forgiveness programs, for which they charged up to $1,000 in illegal upfront fees. The FTC alleged in its complaint that the defendants deceptively telemarketed their document preparation service by misrepresenting an affiliation with the Department of Education or consumers’ loan servicers, and that consumers who paid defendants an up-front fee were qualified for or approved to receive permanently reduced monthly payments or their student loans would be forgiven or discharged. On September 30, 2019, the FTC sent more than $5.4 million to nearly 40,000 people who lost money to the alleged scheme.

In July 2017, the FTC obtained court orders against this Maryland-based office supply operation charged with tricking small businesses, non-profit organizations, and other consumers into paying for overpriced office and cleaning supplies they never ordered. The stipulated orders setting the FTC’s complaint barred the company and its principals from telemarketing office and cleaning supplies. It also imposed a financial judgment against them, resulting in the Commission sending  refund checks totaling more than $11.6 million to small businesses and other organizations in August 2019.

The Federal Trade Commission reached settlements with a group of St. Louis-based defendants who used deceptive Internet pop-up ads to trick consumers into buying unnecessary technical support services.

In July 2019, the FTC sent refunds totaling more than $708,000 to consumers and businesses that had been tricked into paying for unordered light bulbs and cleaning supplies. The Commission’s February 2016 complaint alleged the Lighting X-Change defendants’ telemarketers failed to disclose to consumers that they were making a sales call, pretended they had a previous business relationship with the recipients, and falsely claimed that they wanted to send a free sample or catalog. Instead, they sent unordered light bulbs and cleaning supplies without disclosing the price up-front, and billed the recipients much more than market price for the products. A July 2017 order settling the charges banned the defendants from the illegal shipping and billing practices, and imposed a financial penalty that was used to provide the consumer refunds.