Legal Library: Cases and Proceedings

The Federal Trade Commission has issued a proposed order to settle charges that online counseling service BetterHelp revealed consumers’ sensitive data with third parties such as Facebook and Snapchat for advertising after promising to keep such data private.

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 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 U.S. District Court for the District of Nevada has ruled in favor of the Federal Trade Commission in a case against the operators of a scheme that deceived financially distressed homeowners by falsely promising to make their mortgages more affordable.  The defendants also charged consumers illegal advance fees and unlawfully told consumers not to pay their mortgages to or communicate with their lenders.

In January 2024, The FTC sent more than $1.2 million in refunds to consumers who lost money to Consumer Defense.

The Federal Trade Commission sued to block John Muir Health’s proposed $142.5 million deal to acquire sole ownership of San Ramon Regional Medical Center, LLC from current majority owner Tenet Healthcare Corporation, saying the deal will drive up health care costs.

The Commission issued an administrative complaint and authorized a lawsuit in federal court alleging the proposed acquisition will eliminate head-to-head competition between John Muir Health and nearby San Ramon Regional Medical Center.

On December 18, 2023  the FTC and California moved to dismiss their federal court case and the FTC dismissed its administrative challenge following John Muir announcing it would terminate its proposed deal to acquire Tenet’s remaining interest in San Ramon Medical Center.

In November 2022, the FTC announced it stopped internet phone service provider Vonage from taking consumers’ money without their consent and creating obstacles to those who try to cancel their service. Under a proposed court order agreed to by Vonage, the company will be required to pay $100 million to refund consumers harmed by its actions, make its cancellation process simple and transparent, and stop charging consumers without their consent. In October 2023, the FTC sent nearly $100 million in refunds to consumers who lost money as a result of internet phone service provider Vonage imposing junk fees and creating obstacles to those who try to cancel their service. 

In September 2023, the FTC announced online shoe retailer Hey Dude, Inc. (Hey Dude) will pay $1.95 million to settle charges that the company misled consumers by suppressing negative reviews, including more than 80 percent of reviews that failed to provide four or more stars out of a possible five. The FTC also contends the company violated the Commission’s Mail, Internet, or Telephone Order Merchandise Rule in several ways between 2020 and 2022. In August 2024, the FTC announced it was returning $1.9 million to defrauded consumers.

The FTC and six states filed a lawsuit against rental listing platform Roomster Corp. and its owners John Shriber and Roman Zaks for allegedly duping consumers seeking affordable housing by paying for fake reviews and then charging for access to phony listings.  Separately, the FTC and the states filed a proposed order against Jonathan Martinez—who allegedly sold Roomster tens of thousands of fake reviews—requiring him to pay $100,000 and cooperate in the FTC’s case against Roomster.

The FTC announced a settlement Celsius Network that will permanently ban it from handling consumers’ assets and charged three former executives with tricking consumers into transferring cryptocurrency onto the platform by falsely promising that deposits would be safe and always available.

The Federal Trade Commission is taking action against motocross and ATV parts maker Cycra and its officer, Chad James, for falsely claiming that the company’s products were manufactured in the U.S. The FTC’s proposed order would stop Cycra and James from making deceptive claims about products being “Made in USA” and require them to pay a monetary judgment. In June 2023, the Commission announced the finalized order. In May 2024, the FTC sent $180,000 in refunds to consumers in this case.

At the request of the Federal Trade Commission and the Florida Attorney General's Office, a federal court temporarily halted an alleged sham credit card interest rate reduction operation that often targeted financially distressed consumers and older adults in July 2020. In February 2022, the FTC announced that the operators are permanently banned from the debt relief industry as part of court orders resolving charges by the FTC and Florida AG’s Office.

On behalf of the Federal Trade Commission, the Department of Justice is suing Funeral & Cremation Group of North America, LLC, Legacy Cremation Services, LLC, d/b/a Heritage Cremation Provider, and their owner, Anthony Joseph Damiano, for misrepresenting their location and prices, illegally threatening and failing to return cremated remains to consumers, and failing to provide disclosures required by the Funeral Rule. The FTC is asking the court to stop violations of the FTC Act and the Funeral Rule and impose civil penalties on the defendants. In April 2023, the FTC announced that the defendants will pay civil penalties and abide by strict requirements on how they communicate with customers to resolve the lawsuit filed on behalf of the FTC by the U.S. Department of Justice.

In February 2023, the FTC sued to stop an interconnected web of operations responsible for delivering tens of millions of unwanted VoIP and ringless voicemail phony debt service robocalls to consumers nationwide. DOJ filed the complaint in federal court on the FTC’s behalf. The DOJ also filed a proposed consent order against one of the companies and individuals involved in the operation, which would, if approved by the court, bar them from making further misrepresentations about debt relief services and ordering them to comply with the TSR.

In October 2022, a Latvian payment processor and its former CEO agreed to settle the FTC’s complaint against them. The complaint alleged that they engaged in unlawful conduct that enabled a deceptive “free trial” offer scheme by U.S.-based defendants. In September 2024, the FTC returned more than $2.8 million to consumer deceived by the scheme.

The Federal Trade Commission authorized a lawsuit in federal court to block the proposed merger between virtual reality (VR) giant Meta and Within Unlimited, the VR studio that markets Supernatural, a leading VR fitness app. Formerly known as Facebook Inc., Meta sells the most widely used VR headset, operates a widely used VR app store, and already owns many popular VR apps, including Beat Saber, reportedly one of the best-selling VR apps of all time, which it markets for fitness use. The agency alleges that Meta’s proposed acquisition of Within would stifle competition and dampen innovation in the dynamic, rapidly growing U.S. markets for fitness and dedicated-fitness VR apps. A federal court complaint and request for preliminary relief was filed in U.S. District Court for the Northern District of California to halt the transaction.

In 2019, the operators of a sweepstakes scam that appeared to target seniors agreed to forfeit a record $30 million in cash and assets and will be permanently banned from the prize promotion business under a settlement with the Federal Trade Commission. In July 2022, the FTC returned almost $25 million to consumers worldwide who were defrauded by the scheme.

Publishers Business Services, Inc., along with other defendants previously settled FTC allegations that the defendants deceptively telemarketed magazine subscriptions. The defendants also allegedly harassed consumers at work and at home, in an attempt to get them to pay for the subscriptions, and engaged in other threatening conduct over the phone. In May 2022, the Commission announced a settlement of the monetary component of the order.

The Federal Trade Commission has filed an administrative complaint against Electronic Payment Systems and its owners, John Dorsey and Thomas McCann, for allegedly opening credit card processing merchant accounts for fictitious companies on behalf of Money Now Funding, a business opportunity scam that the FTC previously sued. By ignoring warning signs that the merchants were fake, Electronic Payment Systems assisted Money Now Funding in laundering millions of dollars of consumers’ credit card payments to the scammers from 2012 to 2013.

In a consent agreement settling the matter, which the FTC has accepted for public comment, Electronic Payment Systems and its owners have agreed to restrictions on the merchants for whom they can provide credit card payment processing services, as well as additional merchant screening and monitoring requirements. The FTC is not able to obtain a monetary judgment in this case because of the Supreme Court’s decision in AMG Capital Management v. FTC.