Legal Library: Cases and Proceedings

The Federal Trade Commission filed a law enforcement action to block U.S. semiconductor chip supplier Nvidia Corp.’s $40 billion acquisition of UK-based semiconductor design firm Arm Ltd., the largest transaction in the history of the semiconductor industry. The FTC’s action seeks to preserve competition in markets for computer chips used in datacenters and in automotive advanced driver assistance systems. The complaint named Nvidia Corp., Arm Ltd., and Arm owner Softbank Group Corp. In February 2022, Nvidia Corp. announced that it had terminated its proposed acquisition of Arm Ltd. (Arm) from SoftBank Group Corp, and the Commission dismissed the complaint.

The Federal Trade Commission is returning an additional $25 million to consumers who lost money to a business coaching scheme that used the names Coaching Department and Apply Knowledge, among others. These refunds are the result of the FTC’s settlements with the scheme’s ringleaders, the companies through which the scheme operated, and a payment processor who helped facilitate the scheme.

Amazon will pay more than $61.7 million to settle Federal Trade Commission charges that it failed to pay Amazon Flex drivers the full amount of tips they received from Amazon customers over a two and a half year period. The FTC’s complaint alleges that the company stopped its behavior only after becoming aware of the FTC’s investigation in 2019.

The $61.7 million represents the full amount that Amazon allegedly withheld from drivers and will be used by the FTC to compensate drivers. The FTC announced approval of the final order in June 2021.

Two Nevada companies and two individuals have agreed to stop charging consumers thousands of dollars to apply for multiple credit cards in their names in order to pay for expensive and often ineffective training programs under a proposed settlement of a Federal Trade Commission lawsuit.

The FTC filed a federal court complaint along with a proposed settlement which requires the defendants to stop obtaining credit cards for consumers for a fee. In addition, the defendants will be required to pay $2.1 million under the proposed settlement, which will be distributed by the FTC to consumers.

In September 2021, The Federal Trade Commission sent checks totaling more than $2 million to consumers who were harmed by the company.

In July 2021, the owners of a New Jersey-based company that sells septic tank cleaning products agreed to a permanent ban on telemarketing and will pay more than $1.6 million to settle FTC charges that the company and its telemarketer made illegal robocalls to consumers, including tens of millions of calls to numbers listed on the agency’s DNC Registry. In addition, the defendants will turn over a residential property as part of the settlement. The complaint names as defendants: Environmental Safety International, Inc. or ESI; ESI’s two officers, brothers Joseph Carney and Sean Carney; and their other brother Raymond Carney.

The Federal Trade Commission filed suit against cyanoacrylate glue maker Chemence, Inc., and company president James Cooke, for supplying pre-labeled and pre-packaged glues with deceptive “Made in USA” claims to trade customers to use in marketing the strong, fast-acting glues under retailer brand names. The FTC’s complaint  alleges that Chemence and Cooke supplied glues in packages labeled with deceptive unqualified “Made in USA” claims, some with an image of the American flag, for products such as Master Super Glue, JB WELD SuperWeld, Stick Fast Instant CA Adhesive, Pink Gel Nail Glue, SAATI Ultrafix CA – MV, and Kiss Maximum Speed Nail Glue.  The proposed settlement requires Chemence and Cooke to pay $1.2 million to the FTC, the highest monetary judgment ever for a Made in USA case. On Feb. 12, 2021, the Commission announced the final consent agreement in this matter.

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.

New York City car dealer Bronx Honda and its general manager, Carlo Fittanto, will pay $1.5 million to settle Federal Trade Commission charges they discriminated against African-American and Hispanic car buyers and engaged in numerous other illegal business practices.

According to the FTC’s complaint, the defendants told sales people to charge higher financing markups and fees to African-American and Hispanic customers. The defendants told employees that these groups should be targeted due to their limited education, and not to attempt the same practices with non-Hispanic white consumers. According to the complaint, African-American and Hispanic customers paid more for financing than similarly situated non-Hispanic white consumers.

In October 2018, the FTC filed a complaint against defendants Forms Direct, Inc., also known as American Immigration Center, and owner Cesare Alessandrini, alleging that they falsely implied that their websites were affiliated with U.S. Citizenship and Immigration Services (USCIS).The defendants allegedly used such deception since 2010 to sell immigration form preparation services to consumers. The FTC’s settlement bars the defendants from continuing their misleading business practices and requires them to pay $2.2 million to compensate consumers. In early March 2020, the Commission announced it was sending checks totaling over $2 million to consumer defrauded through the scheme.

In February 2017, the FTC and the Maine AG’s office announced a complaint and three settlements with dietary supplement marketers who allegedly used radio infomercials deceptively formatted as talk shows and print ads featuring fictitious endorsers to advertise supplements purporting to improve memory and to reduce back and joint pain. The settlement orders resolving charges against the named in the complaint bar them from making similar deceptive claims, and prohibit them from engaging in a wide range of marketing practices that have caused serious financial injury to consumers. In April 2015, the FTC sent refunds to consumers who bought one of the company deceptively marketed supplements, CogniPrin. In August 2019, the FTC send refunds to consumers who bought FlexiPrin, another supplement the company sold.

Unixiz, Inc., doing business as i-Dressup.com, and the individually named defendants CEO Zhijun Liu and Secretary Xichen Zhang, reached a settlement over allegations they violated the Children’s Online Privacy Protection Act (COPPA).

The Federal Trade Commission mailed checks totaling nearly $1.1 million to 87,256 consumers who paid for work-at-home opportunities based on the allegedly deceptive advertising practices of Bob Robinson, LLC and other related defendants. The defendants operated under various brand names, including Work At Home EDU, Work At Home Program, Work At Home Ecademy, Work At Home University, Work At Home Revenue, and Work at Home Institute.