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Government Enforcement Actions

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January 16, 2015

Two payday lending companies, AMG Services, Inc. and MNE Services, Inc., have settled FTC charges that they violated the law by charging consumers undisclosed and inflated fees. Under the proposed settlement the companies will pay $21 million – the largest FTC recovery in a payday lending case – and will waive another $285 million in charges that were assessed but not collected. The FTC noted that “the settlement requires these companies to turn over millions of dollars that they took from financially-distressed consumers, and waive hundreds of millions in other charges.” FTC

January 16, 2015

The CFTC ordered Summit Energy Services, Inc., a Delaware corporation with its principal place of business in Louisville, Kentucky, to pay a $140,000 civil monetary penalty for acting as an unregistered commodity trading advisor.  CFTC

January 16, 2015

Washington Attorney General Bob Ferguson announced Sea Mar Community Health Centers agreed to pay $3.35M to settle charges of improperly billing Medicaid for thousands of dental appointments. According to the government, Sea Mar billed fluoride treatments as stand-alone appointments with a dentist or hygienist when they could have been performed much more cheaply by dental assistants as part of a patient’s regular six-month checkups. WA

January 16, 2015

Massachusetts Attorney General Martha Coakley announced Bank of America, JP Morgan Chase Bank, Citi, and Wells Fargo Bank agreed to pay $2.7M million and undertake obligations to facilitate the repair of defective property titles, resolving claims they violated Massachusetts foreclosure law and the Massachusetts Consumer Protection Act by illegally foreclosing upon Massachusetts residents’ homes when the banks lacked the legal authority to do so. MA

January 14, 2015

A New Jersey federal court entered an order of default judgment and permanent injunction for over $870,000 against TOTE Fund LLC and MJS Capital Management LLC, two commodity pool operators, and their sole principal Michael J. Siegel of Northfield, New Jersey, for misappropriating funds and other violations.  CFTC

January 14, 2015

Office Depot agreed to pay $68.5M to settle charges in violated the California False Claims Act by allegedly overcharging more than 1,000 cities, counties, school districts and other government entities in California for office supplies. According to the government, Office Depot was required to but did not provide these government entities the lowest prices it was offering other government purchasers. The allegations originated with a whistleblower lawsuit filed by former Office Depot employee David Sherwin. Corporate Crime Reporter

January 14, 2015

A New Jersey court has ordered New Jersey Youth Club, Inc. (NJYC), a Newark-based organization that claims to help underprivileged New Jersey youths, to temporarily cease seeking door-to-door solicitations and temporarily frozen its assets in connection with an action filed on behalf of the New Jersey Division of Consumer Affairs. The government claims the organization violated the Charitable Registration and Investigation Act and regulations, as well as the Consumer Fraud Act, by soliciting for contributions although it is not registered as a charitable organization in New Jersey, and by making misleading and untruthful statements while soliciting donations. NJ

January 12, 2015

New York Attorney General Eric T. Schneiderman announced an agreement with Excellus Health Plan, Inc. requiring that its contracted health care providers issue refunds to thousands of members in New York State for charging excessive copays. The investigation began when an Excellus member complained to the Attorney General’s Health Care Bureau Helpline that his provider billed him a specialty care co-payment of $25 after visiting his primary care physician to whom he had already paid the primary care co-payment of $15. NY

January 9, 2015

New York Attorney General Eric T. Schneiderman announced a settlement with Encore Capital Group, Inc., a major debt buyer, for bringing improper debt collection actions against thousands of New York consumers. According the state, Encore sued New York consumers and obtained uncontested default judgments against consumers who failed to respond to the lawsuits, even though the underlying claims were untimely under New York law. Under the settlement, Encore will seek to vacate more than 4,500 improperly obtained judgments totaling nearly $18 million. Encore will also reform its debt collection practices and pay civil penalties and costs in the amount of $675,000. NY

January 7, 2015

Florida Attorney General Pam Bondi announced that Florida, along with California, Colorado, Kentucky, and Ohio and the federal government, entered a $22 million national settlement with DaVita Healthcare Partners, Inc., one of the leading providers of dialysis services in the US. The settlement resolves allegations originating in a whistleblower lawsuit that DaVita paid illegal kickbacks to induce the referral of patients to its dialysis clinics, causing false claims to be submitted to the Medicaid program. DaVita will pay Florida $5.6 million in restitution and other recoveries. FL
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