Misrepresentations

June 24, 2015

The CFTC has charged Nick A. Wurl and his company Ludiera Capital LLC, both of Chicago, Illinois, with fraud, misappropriation, and the issuance of false statements in connection with a $9 million investment pool scheme.  CFTC

March 31, 2015

New York Attorney General Eric T. Schneiderman announced his office and the Attorneys General of Oregon, Minnesota, Missouri and Texas filed lawsuits against Orbital Publishing Group, Inc. for mailing millions of unauthorized and allegedly misleading magazine and newspaper subscription notices to consumers nationwide. The solicitations were sent without the permission of the publishers and overcharged consumers. NY

March 19, 2015

Florida Attorney General Pam Bondi’s Division of Consumer Protection is suing dating company Singles Plus for allegedly making false claims about success rates, matches and its screening process. FL

March 5, 2015

Florida Attorney General Pam Bondi’s Office announced the filing of four complaints involving deceptive marketing and sales of computer software and tech support services to Florida consumers, many of whom are senior citizens. The call centers allegedly used deceptive marketing, such as pop up ads warning of viruses or other malware, to lead consumers to call these companies who were then directed through scare tactics to pay for unnecessary computer repairs and support services. Consumers typically paid from $99 to $600 to resolve non-existent computer issues. The companies involved included ASAP Tech Help, LLC, E-Racer Tech, LLC, Protech Support, LLC (d/b/a Rapid Tech Support), and Techfix USA, LLC (d/b/a PC Smart Support and First Class Tech Support). FL

March 5, 2015

Florida Attorney General Pam Bondi announced settlements with home security system providers Security Networks, LLC and Vision Security, LLC to resolve allegations they made false or misleading statements in door-to-door sales of security alarm systems. These misrepresentations included that the companies were affiliated with the consumers’ current security monitoring companies and that the consumers’ products were outdated, in need of upgrades or that the consumers’ current monitoring companies were going out of business. FL

February 13, 2015

The FTC approved a final order against Dallas auto dealer TXVT Limited Partnership (doing business as Trophy Nissan) involving deceptive advertising charges. Under the settlement, Trophy is prohibited from misrepresenting in any advertisement the material terms of any promotion or other incentive, including that it will pay off a consumers’ trade-in or the cost of leasing or purchasing a vehicle. Trophy is also prohibited from failing to clearly and conspicuously disclose material terms of its promotions or other incentives and must comply with the Consumer Leasing Act and Regulation M and the Truth in Lending Act and Regulation Z. FTC

February 9, 2015

The FTC obtained a $9.5M judgment against sweepstakes promoter Crystal Ewing for deceptively enticing consumers in the U.S., Canada and the United Kingdom to send money to collect large cash prizes that, in fact, did not exist. FTC

January 21, 2015

New York Attorney General Eric T. Schneiderman joined the SEC and the office of the Massachusetts Attorney General in announcing a settlement with Standard and Poor’s Financial Services LLC regarding false and misleading statements made by S&P in connection with its rating of certain Commercial Mortgage Backed Securities (CMBS). According to the government, from February 2011 to July 2011, S&P loosened the criteria it applied to rate eight CMBS, failed to disclose this fact to investors, and misled market participants into thinking the ratings for their investments were based on more conservative assumptions than was actually the case. Under the settlement, New York will receive $12M in penalties, Massachussetts will receive $7M in penalties, and the SEC will receive $35M in penalties as well as $7M in disgorgement and interest. The SEC also resolved two other matters related to S&P bringing the total government recovery to nearly $80M. NY

January 21, 2015

New York Attorney General Eric T. Schneiderman announced a settlement with Florida-based Vacation Tours USA, Inc., and its principals Henry J. Armand and Tony J. Armand, over a false advertising scam targeting consumers across New York State. According to the government, the company sent letters to consumers telling them they had won a vacation package, including airfare and lodging, and invited them to attend a seminar at a local hotel but once there were subjected to a sales presentation conducted by a third-party company instead of being given vouchers for free airline tickets and hotel stays. Under the settlement, the company must halt its deceptive, fraudulent, and illegal business practices in New York State, pay restitution to consumers, and pay $22,500 in civil penalties and costs. NY