Markets Wired - Page 1101 of 1417 - Global Financial Market News and Press Releases

FTC Conducts Undercover Inspections of Funeral Homes in Nine States to Press Funeral Homes to Comply with Consumer Protection Law

Investigators working undercover in nine states detected significant violations of Federal Trade Commission consumer protection requirements in 23 of 102 funeral homes they visited during 2011.

The FTC conducts undercover inspections every year to make sure that funeral homes are complying with the agency’s Funeral Rule. The Rule, issued in 1984, gives consumers important rights when making funeral arrangements. Key provisions of the Rule require funeral homes to provide consumers with an itemized price list at the start of an in-person discussion of funeral arrangements, as well as a casket price list before consumers view any caskets. The Rule also prohibits funeral homes from requiring consumers to buy any item, such as a casket, as a condition of obtaining any other funeral good or service. By requiring itemized prices, the Funeral Rule enables consumers to compare prices and buy only the goods and services they want.

Funeral homes with significant violations can enter a training program designed to increase compliance with the Funeral Rule. The three-year program is known as the Funeral Rule Offenders Program (FROP), and is an alternative to an FTC lawsuit that could lead to a federal court order and civil penalties of up to $16,000 per violation. It is run by the National Funeral Directors Association and provides participants with a legal review of the price disclosures required by the Funeral Rule, and on-going training, testing and monitoring for compliance with the Rule. In addition, funeral homes that participate in the program make a voluntary payment to the U.S. Treasury in place of a civil penalty, and pay annual administrative fees to the Association.

FTC inspections during 2011 encountered varying levels of compliance:

In Northwest Indiana, one of 12 funeral homes inspected had significant violations;
In Maui, Hawaii, none of the four funeral homes inspected had significant violations;
In the New York City area, as well as parts of Connecticut and New Jersey, one of 22 funeral homes inspected had significant violations;
In Cleveland, Ohio, four of 16 funeral homes inspected had significant violations;
In Columbia, South Carolina, five significant violations were found in 10 funeral homes inspected;
In Austin, Texas, four of 19 funeral homes inspected had significant violations; and
In Richmond and Fredericksburg, Virginia, eight of 19 funeral homes inspected had significant violations.

In addition, the FTC identified 33 funeral homes, within the nine states, with only minor compliance deficiencies. In such cases, the FTC contacts the funeral home and requires it to provide evidence that it has corrected the problems.

Since the FROP program began in 1996, the FTC has inspected more than 2,500 funeral homes and found fewer than 400 engaged in significant Rule violations. In conducting its annual enforcement sweeps, the agency has received assistance from several state attorneys general. This year, the FTC wishes to thank Ohio Attorney General Mike DeWine for the valuable assistance provided by his office.

The FTC educates consumers in English and Spanish about their rights under the Funeral Rule, and provides guidance to businesses in how to comply. For more information read Paying Final Respects: Your Rights When Buying Funeral Goods & Services, Funerals: A Consumer Guide, and Complying with the Funeral Rule.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call
1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook and follow us on Twitter.

(Funeral2011)

FTC Seeks Public Comment on Energy Transfer Partners’ Application to Sell Heritage Propane Express to JP Energy Partners, LP

The Federal Trade Commission is seeking public comment on an application by Energy Transfer Partners, L.P. and Energy Transfer Partners, GP, L.P., requesting approval to sell their Heritage Propane Express business to JP Energy Partners, LP. FTC approval of the sale is required by a settlement with the agency, under which the Commission approved the proposed acquisition by AmeriGas Partners, L.P., of the propane assets of Energy Transfer Partners, but only after the parties excluded Heritage Propane Express from their original agreement.

The settlement order resolved FTC charges that the deal, as originally agreed to by the parties, would have reduced competition and raised prices in the market for propane exchange cylinders that consumers use to fuel barbeque grills and patio heaters. Under the order, after the original deal was changed to exclude the Heritage Propane Express business, Energy Transfer Partners was required to obtain the prior approval of the Commission before selling Heritage Propane Express.

According to Energy Transfer Partners’ application, the proposed sale of Heritage Propane Express will satisfy the purposes of the order, and JP Energy will be an effective competitor in the market for propane exchange cylinders. The application states that JP Energy has the resources and industry expertise to ensure that Heritage Propane Express thrives as a competitor.

The Commission will decide whether to approve the sale after the expiration of a public comment period. Public comments on the application may be submitted until May 18, 2012. Written comments should be sent to: FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. Comments also can be filed electronically. Copies of the application can be found on the FTC’s website and as a link to this press release. (FTC File Docket No. C-4346; the staff contact is Daniel P. Ducore, Bureau of Competition, 202-326-2526; see press release dated January 11, 2012).

The FTC’s Bureau of Competition works with the Bureau of Economics to investigate alleged anticompetitive business practices and, when appropriate, recommends that the Commission take law enforcement action. To inform the Bureau about particular business practices, call 202-326-3300, send an e-mail to [email protected], or write to the Office of Policy and Coordination, Bureau of Competition, Federal Trade Commission, 601 New Jersey Ave., Room 7117, Washington, DC 20580. To learn more about the Bureau of Competition, read Competition Counts. Like the FTC on Facebook and follow us on Twitter.

(FYI 13.2012.wpd)

With Earth Day Approaching, FTC Offers Energy-Saving Tips

Earth Day is almost here, so if you still need an idea for a good way to take part, why not start by learning more about saving energy? It can benefit the environment and save you some money on your energy bills.

Whether you’re looking to buy new windows, a new appliance, or light bulbs, or to get your gas dollars to go further, the FTC has tips to help you make smart decisions about your energy use. Visit ftc.gov/earthday for more on:

Shopping for new windows — Learn more about what to consider before you replace your home’s windows, and what factors could affect your energy savings.
Shopping for light bulbs — Find out how understanding lumens and the Lighting Facts label can help you choose the most energy-efficient bulb to meet your lighting needs. You also can check out the FTC’s Shopping for Light Bulbs video.
Appliance shopping — See how anyone shopping for an appliance can use EnergyGuide labels to compare the energy use of different models.
Saving money at the pump — Read bumper-to-bumper tips to help you get more mileage out of your gas purchases.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics. Like the FTC on Facebook and follow us on Twitter.

(Earth Day)

FTC Action Halts Alleged Scam That Dangled the False Promise of ‘Free Gas for Life’ Then Charged Consumers for Unwanted E-Magazine Subscriptions

The Federal Trade Commission put a stop to an online operation that allegedly lured consumers with a supposedly “free” book falsely promising that it would show them how to power their cars and homes at no cost, and then billed them for an online magazine they never ordered. The defendants behind the alleged scam have agreed to a settlement that requires them to pay almost $2 million for consumer refunds, and permanently bars them from making misleading product claims.

The settlement order against Green Millionaire LLC is part of the FTC’s ongoing efforts to stamp out online marketing fraud. The order prohibits the operators of Green Millionaire from misleading consumers about any offer that uses “negative-option” marketing, in which the seller interprets consumers’ silence or inaction as permission to charge them. In particular, regarding Internet-based negative-option offers, the order requires the defendants to provide a check box disclosing the most critical terms of the negative-option program: all costs associated with it, that consumers are agreeing to pay the costs, the length of any trial period, and that consumers must cancel to avoid the charges. Consumers must then affirmatively select the check box for the defendants to process any billing information.

According to the FTC’s complaint against Green Millionaire, Syndero Inc., Scott Waltz, and Nigel Williams, the defendants marketed a “Green Millionaire Book” in TV and Internet ads. The ads falsely claimed the book would describe “how to get free gas for life,” “how to put solar panels on your roof for free,” and “how to make your electricity meter go backwards paying you,” with phony testimonial statements such as “I don’t pay for electricity” and “I don’t have car payments, and I don’t pay for fuel.”

The Green Millionaire websites allegedly asked consumers to provide their credit card or bank account number to pay a small shipping and handling fee, without clearly disclosing that they would be charged $29.95 for a two-month subscription to an e-magazine, or $89.95 for a one-year subscription. The defendants allegedly violated the FTC Act by failing to disclose the subscription program, that customers would have to cancel it to avoid additional charges, the program’s cost and how to cancel it, and when they must cancel to avoid charges. They also allegedly debited or charged consumers’ bank or credit card accounts without their consent, misrepresented the book’s contents, and used unsubstantiated endorsements.

The proposed settlement order includes provisions that bar the defendants from misrepresenting specific aspects of any negative-option transactions. Among other things it prohibits them from misrepresenting:

that any product, program, or service is offered on a “free,” “trial,” “no obligation,” or “discounted” basis;
the amount a consumer will be charged or billed; and
the timing of any charge or the length of any trial period.

The settlement order also prohibits the defendants from using consumers’ billing information to obtain payment without first getting their consent, as well as failing to clearly disclose the terms of any refund or cancellation policy and failing to promptly honor a consumer’s request for a refund or cancellation.

In addition, the order bars the defendants from making any material misrepresentation in the sale of any good or service, including falsely claiming that consumers can get free gas for life, put solar panels on their roofs for free, and make their electricity meter go backward; and from using endorsements and testimonials unless they are true and substantiated. The order also prohibits the defendants from selling or otherwise benefitting from customers’ personal information, and requires them to properly dispose of customers’ personal information within 30 days.

The order imposes a judgment of more than $5.7 million, which will be suspended when Syndero has paid at least $1.35 million; Waltz has paid $600,000; Green Millionaire has paid $20,000; and Williams has surrendered the proceeds from the sale of his assets, including two parcels of land and a mobile home, and a 2005 BMW. The full judgment for each defendant will become due immediately if the defendant is found to have misrepresented his financial condition.

The Commission vote authorizing the staff to file the complaint and approving the proposed consent order was 4-0-1, with Commissioner Ohlhausen not participating. The FTC filed the complaint and proposed consent order in the U.S. District Court for the District of Maryland. The proposed consent order is subject to court approval.

An FTC video, Free Trial Offers tells how to check out a free trial before you sign up, and what to do if you are charged for merchandise you don’t want and didn’t order. For more information on free trials, read “Free Trials” Aren’t Always Free.

NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant has actually violated the law. The consent order is for settlement purposes only and does not constitute an admission by the defendant that the law has been violated. Consent orders have the force of law when approved and signed by the District Court judge.

(Green Millionaire)
(FTC File No. 1023204)

FTC Commissioner Edith Ramirez to Participate in International Competition Network Conference in Rio de Janeiro, Brazil

FTC Commissioner Edith Ramirez will participate in the 11th annual International Competition Network (ICN) conference in Rio de Janeiro from April 18-20, 2012. At the conference, senior government officials, private-sector antitrust experts and representatives of intergovernmental organizations will meet to discuss key competition issues and recent ICN work in the areas of unilateral conduct, mergers, cartels, advocacy and agency effectiveness.

Conference panels will discuss cartel enforcement, bid rigging, settlements in the areas of mergers and unilateral conduct, issues in merger analysis, predatory pricing by dominant firms, effective competition advocacy and resource management for competition authorities. Member agencies also will finalize work programs for the upcoming year and engage in long-term planning.

In October 2001, the Federal Trade Commission and the Department of Justice joined with antitrust agencies from 13 other jurisdictions around the world (Australia, Canada, the European Union, France, Germany, Israel, Italy, Japan, Korea, Mexico, South Africa, the United Kingdom, and Zambia) to create the ICN. The ICN now includes 123 member agencies from 108 jurisdictions. The goal of the ICN is to provide a forum for antitrust agencies to address enforcement and policy issues of common interest, and to propose ways that member governments could more closely align their policies and enforcement.

The following portions of this year’s conference will be open to the press:

WEDNESDAY, APRIL 18 (Day 1)

8:00 a.m. (EDT), 9:00 a.m. (BRT) – Opening Session
The conference opening session will include remarks by Brazilian Minister of Justice José Eduardo Cardozo, Brazilian Minister of Finance representative Antonio Henrique Silveira, and ICN Chair John Fingleton.

10:30 a.m. (EDT), 11:30 a.m. (BRT) – Advocacy Session
President of the Portuguese Competition Authority Manuel Sebastiao will moderate a panel discussion on effective competition advocacy.

1:30 p.m. (EDT), 2:30 p.m. (BRT) – Agency Effectiveness Session
Former FTC Chairman and Commissioner William Kovacic will join a discussion on resource management for competition authorities.

4:00 p.m. (EDT), 5:00 p.m. (BRT) – Steering Group Projects Session
Department of Justice Antitrust Division Special Advisor, International Rachel Brandenburger will present the international enforcement cooperation project. Two other proposed ICN Steering Group projects, investigative process in competition cases and working with courts and judges, will also be discussed.

THURSDAY, APRIL 19 (Day 2)

8:00 a.m. (EDT), 9:00 a.m. (BRT) – Special Project Session
FTC Commissioner Ramirez will present remarks and participate in a discussion on settlements of unilateral conduct cases.

10:00 a.m. (EDT), 11:00 a.m. (BRT) – Merger Analysis Session
Acting Assistant Attorney General of the Department of Justice’s Antitrust Division Sharis A. Pozen, will moderate a panel on current trends and developments in merger enforcement.

1:30 p.m. (EDT), 2:30 p.m. (BRT) – ICN Curriculum Project Session
Director of the FTC’s Office of International Affairs Randolph W. Tritell will present the ICN Curriculum Project, an online collection of video training materials as part of the ICN’s virtual university on competition law and practice for agency officials.

1:45 p.m. (EDT), 2:45 p.m. (BRT) – Unilateral Conduct Session
FTC Counsel Cynthia Lagdameo will moderate a panel discussion on, “How Low Can You Go? Pricing by Dominant Firms.”

FRIDAY, APRIL 20 (Day 3)

8:00 a.m. (EDT), 9:00 a.m. (BRT) – Cartel Session
Deputy Assistant Attorney General Scott D. Hammond of the Department of Justice’s Antitrust Division will moderate a panel on bid rigging.

11:30 a.m. (EDT), 12:30 p.m. (BRT) – Closing

The conference will be held at the Royal Tulip Hotel in Rio de Janeiro. More information about the conference is available at http://icn-rio.org/index.html. ICN documents are available at www.internationalcompetitionnetwork.org.

FTC Approves Final Order Settling Charges that Carpenter Technology Corporation’s Acquisition of Latrobe Specialty Metals, Inc. was Anticompetitive in Aerospace Alloys Market

Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Carpenter Technology Corporation’s proposed $410 million acquisition of Latrobe Specialty Metals, Inc. would harm competition in the U.S. markets for two specialty metallic alloys used in the aerospace industry. The final FTC order requires Carpenter divest assets necessary for manufacturing the two alloys – MP159 and Aerospace MP35N – to another metals manufacturer, Eramet S.A.

The Commission vote approving the final order was 4-0-1, with Commissioner Maureen K. Ohlhausen not participating. (FTC File No. 111-0207, Docket No. C-4349; the staff contact is Scott Reiter, Bureau of Competition, 202-326-2886; see press release dated February 29, 2012.)

OSF Healthcare System Abandons Plan to Buy Rockford in Light of FTC Lawsuit;FTC Dismisses its Complaint Seeking to Block the Transaction

The Federal Trade Commission has dismissed the complaint it issued last November seeking to block OSF Healthcare System’s acquisition of rival health care provider Rockford Health System, in light of OSF Healthcare’s decision to abandon the proposed transaction.

The Commission voted 5-0 to dismiss the complaint, after OSF announced on Thursday that it would no longer seek to complete the acquisition.

“The Federal Trade Commission is gratified by OSF Healthcare’s decision to abandon its attempt to acquire rival hospital services provider Rockford Health System,” said Chairman Jon Leibowitz. “As we said in November when we filed our complaint, health care consumers and employers in Rockford would have paid a price had the deal been allowed to proceed. The FTC remains vigilant, and will not hesitate to challenge deals in the health care sector that are likely to decrease competition and lead to higher prices or fewer services.”

The FTC issued the complaint in November 2011, alleging that OSF’s proposed acquisition of Rockford Health System would reduce competition in two markets in the Rockford area: 1) general acute-care inpatient services, and 2) primary care physician services. Specifically, OSF would control 64 percent of general acute-care inpatient services post-acquisition, and face only one competitor, SwedishAmerican Health System. The two hospitals together would control more than 99 percent of the market for general acute-care services. In the market for primary care physician services, the complaint alleged that, post-acquisition, OSF and SwedishAmerican together would control almost 60 percent of all primary care physician services.

FTC Orders Alcoholic Beverage Manufacturers to Provide Data for Agency’s Fourth Major Study on Alcohol Advertising

The Federal Trade Commission has required 14 major alcoholic beverage advertisers to provide information for the agency’s fourth major study on the effectiveness of voluntary industry guidelines for reducing advertising and marketing to underage audiences by beer, wine, and distilled spirits manufacturers.

For the first time, the agency will request information on Internet and digital marketing and data collection practices. As in previous studies, the FTC also will seek advertising expenditure and placement data, and background information about the advertisers’ business practices.

Previous studies were completed in 1999, 2003, and 2008. Recommendations from past reports have resulted in agreements by the Beer Institute, the Wine Institute, and the Distilled Spirits Council of the United States to adopt: an improved voluntary advertising placement standard; buying guidelines for placing ads on radio, in print, on television, and on the Internet; a requirement that suppliers conduct periodic internal audits of past placements; and systems for external review of complaints about compliance.

For the latest study, the Commission sought public comment twice last year, in March, and again in November. The orders to provide information, also known as compulsory process orders, were sent to alcoholic beverage advertisers earlier this week.

The Commission vote to authorize the staff to issue the compulsory process orders was 5-0.

(FTC File No. P114503; The staff contacts in the Bureau of Consumer Protection are Janet Evans, 202-326-2125, and Carolyn L. Hann, 202-326-2745.)

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook and follow us on Twitter.

(Alcohol Study 6Bs FYI)

FTC Announces Agenda, Panelists for Mobile Payments Workshop

Paper, plastic, or mobile? An FTC workshop on mobile payments
April 26, 2012

8:00 A.M. Registration 8:30 Welcoming Remarks
David Vladeck, Director, Bureau of Consumer Protection, FTC 8:45 Mobile Payments: The Present and the Future
Carol Coye Benson, Managing Partner, Glenbrook Partners 9:15 Panel 1 – Opportunities and Challenges for Businesses and Consumers

Moderators: Andrew Hasty, Mobile Technology Program Specialist, Division of Financial Practices, FTC
Malini Mithal, Assistant Director, Division of Financial Practices, FTC

Panelists:

James Anderson, Group Head, Mobile Product Development, Emerging Payments Group, MasterCard
Kyle Enright, Head of Business Development, Payments, Google
Robin Leidenthal, Senior Leader Payment Solutions, Intuit, Inc.
Adam Levitin, Professor of Law, Georgetown University Law Center
Lauren Saunders, Managing Attorney, National Consumer Law Center
John Valentine, East Coast Vice President, SCVNGR/LevelUp

10:45 Break 11:00 Panel 2 – Legal Landscape and Dispute Resolution

Moderators: Thomas Kane, Attorney, Division of Financial Practices, FTC
Patricia Poss, Chief, Bureau of Consumer Protection Mobile Technology Unit, Division of Financial Practices, FTC

Panelists:

Thomas Brown, Partner, Paul Hastings LLP and Adjunct Professor of Law at U.C. Berkeley Law School
Marianne Crowe, Vice President, Payment Strategies, Federal Reserve Bank of Boston
Jörgen Gren, Deputy Head of Unit, Policy and Coordination, Directorate-General for the Information Society and Media (DG-INFSO), European Commission
Michelle Jun, Senior Attorney, Consumers Union
Martine Niejadlik, Compliance Officer and Vice President, Customer and Merchant Support, Boku

12:30 P.M. Lunch 1:45 Mobile Payments Around the World

Brigitte Acoca, Administrator, Information, Communications and Consumer Policy Division, Directorate for Science, Technology and Industry, Organization for Economic Co-operation and Development (OECD)

2:00 Panel 3 – Drilling Down: Fraud Mitigation and Data Security

Moderators: James Chen, Attorney, Division of Financial Practices, FTC
Manas Mohapatra, Attorney, BCP Mobile Technology Unit, Division of Financial Practices, FTC

Panelists:

Bob Dykes, Chief Financial Officer and Executive Vice President, VeriFone Systems, Inc.
Bradley Greene, Senior Business Leader, Mobile Product, Visa Inc.
Ryan Hughes, Chief Marketing Officer, Isis
Sarah Jane Hughes, University Scholar and Fellow in Commercial Law, Maurer School of Law, Indiana University
Ben Milne, CEO and Co-Founder, Dwolla

3:15 Break 3:30 Panel 4 – Drilling Down: Privacy Issues

Moderator: Stacy Feuer, Assistant Director for International Consumer Protection, FTC
Katherine White, Attorney, Division of Privacy and Identity Protection, FTC

Panelists:

Mallory Duncan, Senior Vice President, General Counsel, National Retail Federation
Harley Geiger, Policy Counsel, Center for Democracy & Technology
Susan Grant, Director of Consumer Protection, Consumer Federation of America
Michael Spadea, Director, Promontory Financial Group, LLC
Pat Walshe, Director of Privacy, GSM Association

4:30 Closing Remarks
Jessica Rich, Associate Director, Division of Financial Practices, FTC

Court Halts Alleged Fake Debt Collector Calls from India, Grants FTC Request to Stop Defendants Who Posed as Law Enforcers

In response to charges from the Federal Trade Commission, a U.S. district court has halted an operation that the agency alleges collected phantom payday loan debts that consumers either didn’t owe to the defendants or didn’t owe at all. The defendants’ scheme involved more than 2.7 million calls to at least 600,000 different phone numbers nationwide, according to the FTC. In less than two years, they fraudulently collected more than $5.2 million from consumers, many of whom were strapped for cash and thought the money they were paying would be applied to loans they owed, according to FTC documents filed with the court.

The court order temporarily stops the illegal conduct and freezes the operation’s assets while the FTC moves ahead with the court proceedings and seeks refunds for consumers.

As part of its continuing crackdown on scams that target consumers in financial distress, the agency charged Tracy, California-based Kirit Patel and two companies he controls with violating the FTC Act and the Fair Debt Collection Practices Act.

Often pretending to be American law enforcement agents such as “Officer Mike Johnson” or representatives of fake government agencies like the “Federal Crime Unit of the Department of Justice,” callers from India who were working with the defendants would harass consumers with back-to-back calls, according to the FTC. One consumer reported that the caller threatened to have her children taken away if she did not pay, according to court documents.

Another consumer told the FTC, “The callers threatened me and claimed they would arrest me if I didn’t pay them the alleged debt. One of the callers even contacted my neighbors and told me he was watching my house. The callers had a lot of . . . personal information about me, including my work address. One caller told me, ‘We just saw you walk into your office building,’ and then listed my office address. Another caller told me there were 55 warrants out for my arrest. Sometimes my caller ID would indicate that the call was from the FBI. Because the callers knew so much about me, I believed they were police officers or FBI agents. The calls scared me and I was often shaking when I hung up the phone.”

In difficult economic times, consumers may turn to high-interest, short-term payday loans between paychecks. The FTC alleges that information submitted by consumers who applied for these loans online found its way into the defendants’ hands. Because the callers had this information – which often included Social Security or bank account numbers – and because many of the victims already were in a tenuous financial situation, they often believed that they owed the defendants the money, according to the FTC. In some cases, when consumers made the allegedly bogus payments, they had nothing left over to cover legitimate expenses: Two mothers reported that they could not buy Christmas presents for their families after making payments on the phony debts.

The defendants typically demanded several hundred dollars and, in violation of federal law, routinely used obscene language and threatened to sue or have consumers arrested, according to the FTC’s complaint. They also threatened to tell the victims’ employers, relatives, and neighbors about the bogus debt, and sometimes followed through on these threats, the FTC alleged.

Once victims were pressured into paying, the callers instructed them to use a pre-paid debit card such as a Wal-Mart MoneyCard, another debit card, a credit card, or Western Union so the money could be deposited into one of the defendants’ merchant processing accounts, the FTC alleged. Even after victims made a payment, the harassing calls often continued, forcing them to change their phone numbers, or close their credit cards or bank accounts in an effort to get the calls to stop, according to documents filed with the court.

The FTC alleged that of the $5.2 million the defendants collected, almost $1 million was returned or charged back by their merchant processor, resulting in consumer injury totaling more than $4.2 million.

The complaint alleges that the defendants violated the FTC Act and the Fair Debt Collection Practices Act by:

misrepresenting that they had the authority to collect on supposedly delinquent loans that consumers owed, they were a law enforcement authority or were affiliated with a government agency, and that consumers would be arrested, imprisoned, or sued; and
using obscene or profane language, and calling consumers repeatedly with the intent to annoy, abuse, or harass them.

For more information about how to handle callers who claim to be debt collectors, see

Who’s Calling? That Debt Collector Could Be a Fake.

The Commission vote authorizing the staff to file the complaint was 4-0. The FTC filed the complaint and request for a temporary restraining order in the U.S. District Court for the Eastern District of California on April 3, 2012. On April 5, 2012, the court granted the FTC’s request.

The FTC would like to thank the Better Business Bureau for its assistance in this case.

NOTE: The Commission files a complaint when it has reason to believe that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant has actually violated the law.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook and follow us on Twitter.

(FTC File No. 1123215)

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts: