Legal Library: Cases and Proceedings

The Federal Trade Commission charged the operators of two similar student loan debt relief schemes, Manhattan Beach Ventures and Student Advocates Team, and a financing company that assisted them, Equitable Acceptance Corporation, with bilking millions of dollars from consumers.

In May 2021, the FTC sent payments totaling more than $273,500 to consumers who lost money to the student loan debt relief scheme.

In April 2021, the FTC charged St. Louis-based chiropractor Eric Anthony Nepute and his company Quickwork LLC with violating the COVID-19 Consumer Protection Act and the Federal Trade Commission Act, by deceptively marketing products containing vitamin D and zinc as scientifically proven to treat or prevent COVID-19. This is the first such case in which the agency has sought civil penalties.

The Federal Trade Commission is sending full refunds totaling more than $11 million to consumers who lost money to a bogus credit card interest rate reduction scheme operated by E.M. Systems & Services.

The FTC and the State of Florida alleged that the company’s owners, Steven D. Short and Karissa L. Dyar, used a variety of phony business names with associated websites, cold-called consumers with credit card debt and falsely promised to save them thousands of dollars by reducing their credit card interest rates. The FTC says that the defendants charged an up-front fee between $695 and $1,495, and falsely promised to provide refunds to consumers if they failed to reduce the interest rates.

In April 2021, the FTC used funds from this case to provide $11 million in redress to consumers harmed by the E.M. Systems and Services scam.

The Federal Trade Commission and the Office of the Illinois Attorney General are sending payments totaling more than $4 million to more than 10,000 consumers who lost money to the Stark Law phantom debt collection scheme.

According a suit filed by the FTC and the Illinois Attorney General, Stark Law used a host of business names to target consumers who obtained or applied for payday or other short-term loans, pressuring them into paying debts they either did not owe or that the defendants had no authority to collect. The defendants allegedly called consumers and demanded immediate payment for supposedly delinquent loans, at times threatening consumers with lawsuits or arrest, falsely claiming they would be charged with “defrauding a financial institution” or “passing a bad check.”

Gennex Media LLC, which sells customizable promotional products such as wristbands, lanyards, temporary tattoos, and buttons, and its owner, Akil Kurji, will settle FTC charges that they made false, misleading, or unsupported advertising claims that their “Brandnex” products were all or virtually all made in the United States. The complaint alleges Gennex and Kurji violated the FTC Act by claiming on their Brandnex website that the products they sell are made in the United States, when in numerous instances the products are wholly imported from China. Under the proposed settlement, Gennex and Kurji are prohibited from making the deceptive claims alleged in the complaint and are required to pay a monetary judgment of $146,249.24. On April 14, 2021, the Commission announced the final consent agreement in this matter.

The FTC alleged that this company and its operators collected more than $5.2 million from consumers through illegal debt collection practices. In its complaint, the FTC alleged that the company used the defendants in the National Landmark Logistics case to place deceptive robocalls alleging that consumers owed debt and faced legal action if they did not reply. Once consumers called the defendants after receiving the message, the defendants often falsely claimed to be representing a law firm or threatened consumers with arrest if they did not immediately pay the debt. 

Under the terms of their settlements, Lashone Elam (also known as Lashone Caldwell); Absolute Financial Services, LLC; Absolute Financial Services Recovery, LLC; AFSR Global Logistics, LLC; and Talesia Neely will be permanently banned from playing any role in debt collection.

They will also be prohibited from making certain misrepresentations to consumers, including whether a consumer owes them a payment, whether they are attorneys or associated with a law firm, or the terms of any refund program.

In December 2020, the FTC announced its first law enforcement crackdown on deceptive claims in the growing market for cannabidiol (CBD) products. The Commission took action against six sellers of CBD-containing products for allegedly making a wide range of scientifically unsupported claims about their ability to treat serious health conditions, including cancer, heart disease, hypertension, Alzheimer’s disease, and others. A summary of the proposed orders settling the agency’s respective complaint is provided below. The FTC announced final approval of all six orders in March 2021.

Bionatrol Health, LLC. The proposed administrative order prohibits the respondents from making certain prevention, treatment, or safety claims about dietary supplements, foods, and drugs without human clinical testing to substantiate the claims. It also requires competent and reliable scientific evidence for other health-related product claims, and prohibits the respondents from misrepresenting the cost of any good or service and from charging consumers without their express, informed consent. It requires the corporate respondents and individual respondent Marcello Torre to pay $20,000 to the FTC and to notify consumers of the order.

In December 2020, the FTC announced its first law enforcement crackdown on deceptive claims in the growing market for cannabidiol (CBD) products. The Commission took action against six sellers of CBD-containing products for allegedly making a wide range of scientifically unsupported claims about their ability to treat serious health conditions, including cancer, heart disease, hypertension, Alzheimer’s disease, and others. A summary of the proposed orders settling the agency’s respective complaints can be found on the FTC’s website as a link to each case. The FTC announced final approval of all six orders in March 2021.

Epichouse LLC. The proposed administrative order prohibits the respondents from making certain prevention, treatment, or safety claims about dietary supplements, foods, and drugs, unless they have the human clinical testing to substantiate the claims. It requires them to have competent and reliable scientific evidence when making any other health-related product claims. It requires the respondents to pay $30,000 to the FTC and notify consumers of the Commission’s order.

In December 2020, the FTC announced its first law enforcement crackdown on deceptive claims in the growing market for cannabidiol (CBD) products. The Commission took action against six sellers of CBD-containing products for allegedly making a wide range of scientifically unsupported claims about their ability to treat serious health conditions, including cancer, heart disease, hypertension, Alzheimer’s disease, and others. A summary of the proposed orders settling the agency’s respective complaint is provided below. The FTC announced final approval of all six orders in March 2021.

Steves Distributing, LLC. The proposed administrative order prohibits the respondents from making certain prevention, treatment, or safety claims about dietary supplements, foods, and drugs, unless they have the human clinical testing to substantiate the claims. More broadly, it requires them to have competent and reliable scientific evidence when making any other health-related product claims. It requires the respondents to pay the FTC $75,000 and notify consumers of the Commission’s order.

On October 21, 2019, the FTC announced it had halted the deceptive online marketing tactics of two companies and their principals, the first of which allegedly sold fake indicators of social media influence, and the second of which allegedly used fake product reviews posted by its employees on a well-known retail website. In the first case, Devumi, LLC and its owner and CEO, German Calas, Jr., agreed to settle the FTC’s first-ever complaint challenging the sale of fake indicators of social media influence. In the second case, cosmetics firm Sunday Riley Modern Skincare, LLC and its CEO agreed to settle an FTC complaint charging them with misleading consumers by posting fake reviews of the company’s products on a major retailer’s website, at the CEO’s direction, and by failing to disclose that the reviewers were company employees. The court entered the final order on October 22, 2019.

The Federal Trade Commission alleged that the defendants operated a multi-million dollar business coaching scheme known as Digital Altitude that they deceived consumers by claiming they could earn "six figures in 90 days."

The Federal Trade Commission is sending refunds totaling nearly $4.7 million to people who lost money as a result of the scheme.

The DOJ, at the FTC’s request, filed suit in federal district court charging that satellite television provider Dish Network, directly and through its authorized dealers, called numerous consumers whose numbers are on the National Do Not Call Registry. The United States also charged Dish Network, previously known as EchoStar, with violating the Telemarketing Sales Rule (TSR) by assisting and supporting its authorized dealers in telemarketing Dish Network services via “robocalls” that deliver prerecorded telemarketing messages when consumers answer their phones.  

Complete Merchant Solutions, LLC (CMS) and its former CEO, Jack Wilson, have settled Federal Trade Commission charges that they illegally processed millions of dollars in consumer credit card payments for fraudulent schemes when they knew or should have known that the schemes were defrauding consumers. Those schemes included Apply Knowledge and Tarr, which were ultimately shut down by an FTC enforcement action, and USFIA, which was shut down following an enforcement action by the U.S. Securities and Exchange Commission.

The FTC issued an administrative complaint challenging the merger of two prosthetics manufacturers that are top sellers of prosthetic knees equipped with microprocessors. According to the FTC’s complaint, Otto Bock’s consummated acquisition of FIH Group Holdings (owner of Freedom Innovations) harmed competition in the U.S. market for microprocessor prosthetic knees by eliminating head-to-head competition between the two companies, removing a significant and disruptive competitor, and entrenching Otto Bock’s position as the dominant supplier. Microprocessor knees, which use microprocessors to adjust the stiffness and positioning of the joint in response to variations in walking rhythm and ground conditions, provide a stable platform for amputees. Compared to other products, microprocessor prosthetic knees reduce the risk of falling, cause less pain, and promote the health and function of the sound limb. In addition to issuing an administrative complaint, the Commission authorized agency staff to seek a temporary restraining order, preliminary injunction, and ancillary relief in federal court, should doing so be necessary to ensure the Freedom Innovations business remains viable and to preserve the Commission ability to order effective relief. On Dec. 1, 2020, the Commission announced approval for the divestiture of the Freedom assets.

The marketers of a dietary supplement called Synovia agreed to settle FTC charges by halting the deceptive tactics they allegedly used to mislead consumers into thinking Synovia could treat arthritis and alleviate joint pain. In December 2020, the Commission announced it was returning almost $775,000 to consumers who both the deceptively marketed product.