Legal Library: Cases and Proceedings

The Federal Trade Commission and the California Department of Financial Protection and Innovation (DFPI) are taking action against various companies doing business as Home Matters USA, Academy Home Services, Atlantic Pacific Service Group, and Golden Home Services America, and the owners of the companies, Dominic Ahiga and Roger Scott Dyer, for operating a sham mortgage relief operation that misled consumers and cost them millions. In the first case brought jointly by the two agencies, the FTC and DFPI allege that the companies charged consumers thousands of dollars with false promises they would negotiate with consumers’ mortgage lenders to alter their loans, at times even representing they were affiliated with government COVID-19 relief programs. A federal court has temporarily shut down the operation and frozen the assets of the defendants in the case.

The court’s orders bar the individuals and their companies from directly or indirectly engaging in telemarketing, debt relief services, and making any misrepresentations or unsubstantiated claims about any product or service.

In November 2022, the FTC filed a complaint in court seeing civil penalties against California-based Precision Patient Outcomes, Inc. and the company’s CEO Margrett Priest Lewis for marketing an over-the-counter dietary supplement containing nothing more than vitamins, zinc, and a flavonoid as an effective treatment to mitigate the effects of COVID-19. In February 2024, the FTC announced an order settling its allegations that bars the defendants from the alleged deceptive practices.

The FTC filed a complaint against RCG Advances, LLC—formerly known as Richmond Capital Group, LLC, and also doing business as Viceroy Capital Funding and Ram Capital Funding—and a related entity and individuals. The complaint alleges that, since at least 2015, the defendants have deceived small businesses and other organizations by misrepresenting the terms of merchant cash advances they provided, and then used unfair collection practices, including threatening physical violence, to compel consumers to pay. The FTC also alleges that defendants have made unauthorized withdrawals from consumers’ accounts.

RCG Advances, LLC and Robert Giardina are permanently banned from the merchant cash advance industry for deceiving and threatening small businesses and their owners. In addition, the court ordered RCG Advances and Giardina to make an upfront payment of $1.5 million and subsequent payment of more than $1.2 million to refund consumers.

Jonathan Braun, who controlled small-business funding company RCG Advances, will face a permanent ban from the merchant cash advance and debt collection industries. A federal court issued summary judgment in favor of the FTC in the case along with a permanent injunction against Braun.

As a result of a Federal Trade Commission lawsuit, a federal court has entered a judgment requiring merchant cash advance operator Jonathan Braun to pay $20.3 million in monetary relief and civil penalties.

The Federal Trade Commission has acted to stop Nexway, a multinational payment processing company, along with its CEO and chief strategy officer, from serving as a facilitator for the tech support scammers through credit card laundering. The defendants in the case have agreed to proposed court orders that prohibit them from any further payment laundering and require them to closely monitor other high-risk clients for illegal activity. The complaint and proposed orders were filed by the U.S. Department of Justice on behalf of the FTC.

The Federal Trade Commission is sending more than $610,000 in refunds to consumers who lost money to a tech support scam facilitated by the payment processing company Nexway.

On July 17, 2023, the Federal Trade Commission sued to block IQVIA Holdings Inc. (IQVIA) from acquiring Propel Media, Inc. (PMI), alleging in an administrative complaint that the proposed acquisition would give IQVIA a market- leading position in programmatic advertising for health care products, namely prescription drugs, to doctors and other health care professionals. The Commission also authorized FTC staff to seek a temporary restraining order and preliminary injunction in federal district court to prevent IQVIA from consummating its acquisition of PMI, pending the agency’s administrative proceeding.

After a nearly two-week evidentiary hearing and closing arguments in late November and December 2023, U.S. District Court Judge Edgardo Ramos issued an order granting the FTC’s motion for preliminary injunction on December 29, 2023.

The Federal Trade Commission has charged a telemarketing operation and its owners with making millions of illegal, unsolicited calls about educational programs to consumers who submitted their contact information to websites promising help with job searches, public benefits, and other unrelated programs. 

In early September 2023, a federal judge in Illinois ruled in the FTC’s favor, finding that the defendants made millions of illegal, unsolicited calls to consumers on the Do Not Call Registry. In granting summary judgment, the court found that the FTC was entitled to both injunctive relief and civil penalties and has scheduled a hearing to determine the amount of the civil penalty award and the scope of injunctive relief.

A federal district court entered final orders against a telemarketing company and its owners, who made millions of illegal, unsolicited calls to people that were registered on the Do Not Call Registry. The court ordered the defendants to pay $28.7 million in civil penalties and permanently banned the defendants from participating in telemarketing or assisting and facilitating others engaged in telemarketing to consumers.

Tractor maker Kubota North America Corporation will pay a $2 million civil penalty as a result of a Federal Trade Commission action against the company for falsely labeling some of its replacement parts as being “Made in USA.”

Under a stipulated court order filed by the Department of Justice on the FTC’s behalf and agreed to by the company, Kubota will be prohibited from making deceptive claims in addition to requiring them to pay the penalty, which is the largest ever in a Made in USA case.

The Federal Trade Commission is charging online cash advance provider FloatMe and its co-founders with using empty promises of quick and free cash advances to entice consumers to join its service, only to fail to deliver the promised advance amounts, make it difficult to cancel, and discriminate against consumers who receive public assistance. FloatMe is also being charged with making baseless claims that cash advance limits would be increased by an algorithm or another automated system. 

Under the terms of a settlement order, FloatMe, as well as its co-founders Joshua Sanchez and Ryan Cleary, are required to provide $3 million to be used to refund customers, stop the company’s deceptive marketing, make it easier for consumers to cancel their subscriptions, and institute a fair lending program.

The Federal Trade Commission is sending more than $2.6 million in refunds to consumers harmed by online cash advance provider FloatMe. The company deceived consumers with false promises of “free money” and discriminated against some consumers who applied for cash advances.

The Federal Trade Commission and a group of seven state enforcers filed a complaint in federal district court against Vyera Pharmaceuticals, LLC, alleging an elaborate anticompetitive scheme to preserve a monopoly for the life-saving drug, Daraprim. The Commission vote to issue the complaint was 5-0. The complaint was filed on Jan. 27, 2020, in the U.S. District Court for the Southern District of New York. In a Jan. 14, 2022 ruling, U.S. District Court Judge Denise Cote found Shkreli’s conduct “egregious, deliberate, repetitive, long-running, and ultimately dangerous.” Judge Cote banned Shkreli for life from the pharmaceutical industry.

On January 23, 2024, the U.S. Court of Appeals for the Second Circuit affirmed the U.S. District Court for the Southern District of New York’s ruling.

The Federal Trade Commission is taking action against Florida-based ExotoUSA LLC. (d/b/a Old Southern Brass) for falsely claiming that certain company products were manufactured in the U.S, and that the company was veteran-operated and donated 10 percent of its sales to military service charities.

The FTC’s proposed order would stop the company and its owner, Austin Oliver, from making these deceptive claims and require them to pay a monetary judgment.

According to the FTC’s complaint, Old Southern Brass made many claims on its website and advertising that the products it sold were made in the United States.

The Federal Trade Commission and the State of Connecticut are taking action against auto dealer Manchester City Nissan (MCN), along with its owner and a number of key employees, for systematically deceiving consumers about the price of certified used cars, add-ons, and government fees.

The complaint alleges that the dealership, in addition to deceiving consumers, regularly charges them junk fees for certification, add-on products, and government charges without the consumers’ consent, sometimes costing them thousands of dollars in unwanted and unauthorized charges.

The Federal Trade Commission has filed suit against fast-food chain Burgerim, accusing the chain and its owner, Oren Loni, of enticing more than 1,500 consumers to purchase franchises using false promises while withholding information required by the Franchise Rule.

In a complaint filed on the FTC’s behalf by the Department of Justice, the FTC alleges that Burgerim and Loni recruited potential franchisees by pitching the opportunity as “a business in a box,” that required little to no business experience, downplaying the complexity of owning and operating a restaurant. According to the complaint, many consumers paid Burgerim between $50,000 and $70,000 in franchise fees, and the company targeted veterans with discount programs to lure them into the business. The complaint also alleges that although BurgerIM pocketed tens of millions of dollars in such fees, the majority of the people who paid them were never able to open restaurants.

The Federal Trade Commission is sending more than $222,000 in refunds to consumers harmed by a deceptive mortgage relief operation known as Lanier Law. The scheme collected thousands of dollars in upfront fees from homeowners by promising to lower their monthly payments but then failed to deliver.