FTC Charges Telemarketing Operation with Misleading Job Seekers

Federal Trade Commission, Plaintiff, v. Day Pacer LLC, f/k/a College Criteria LLC, also d/b/a Edutrek, EdSoup, Our School Search,
College Info and Degree Spots, and successor in interest to EduTrek L.L.C., a limited liability company;
EduTrek L.L.C., also d/b/a EdSoup, a dissolved limited liability company;

Raymond Fitzgerald, individually and as an officer of Day Pacer LLC and
EduTrek L.L.C.;
Ian Fitzgerald, individually and as an officer of Day Pacer LLC; and
David Cumming, individually and as an officer of Day Pacer LLC and EduTrek L.L.C.; Defendants.
April 12, 2019
TAGS: deceptive/misleading conduct Do Not Call Bureau of Consumer Protection Consumer Protection Advertising and Marketing Telemarketing Education
The Federal Trade Commission has charged a telemarketing operation and its owners with making millions of illegal, unsolicited calls about educational programs to consumers who submitted their contact information to websites promising help with job searches, public benefits, and other unrelated programs.

According to the FTC’s complaint seeking civil penalties, corporate defendants Day Pacer, LLC and Edutrek, L.L.C., and individual defendants Raymond Fitzgerald, Ian Fitzgerald, and David Cumming, obtain consumers’ phone numbers from websites that claim to help consumers apply for jobs, health insurance, unemployment benefits, Medicaid coverage, or other forms of assistance. Instead of offering these services, the defendants and their affiliates call consumers to market vocational or post-secondary education programs, according to the FTC.

“Telemarketers have a duty to ensure that they are not placing calls to people on the National Do-Not-Call Registry,” said Andrew Smith, Director of the Bureau of Consumer Protection, “And they cannot rely on affiliate websites that use fine print and other deceptive tactics to lure consumers.”

The job and benefits websites allegedly use different tactics, like small print, to hide their telemarketing purpose. For example, in the exhibit below, the web page states, “Jobs In Your Area” and “Thousands of Government Jobs In Your Area Are Looking to Hire Immediately,” and includes the misleading seals of several federal government agencies. At the bottom of the page is a block of small text that is illegible without substantial magnification. It states that clicking the “submit” button to request information about government jobs provides “consent” to receive telemarketing calls about various subjects unrelated to obtaining a government job.

FTC Exhibit: screenshot of website claiming to find government jobs for users

Similarly, the complaint alleges that the defendants have purchased leads from “FindFamilyResources.com,” a website offering to provide information about Temporary Assistance to Needy Families (TANF), welfare benefits, and unemployment insurance. The exhibit below shows a landing page that tells consumers they may “Learn More About Benefits Assistance” by submitting contact information in the boxes provided onscreen. The “yes” or “no” checkbox asking for consent to receive telemarketing calls is placed directly under an unrelated question about residency and age.

FTC Exhibit: screenshot of website claiming to help users find information about government assistance

The defendants are charged with violating the Telemarketing Sales Rule by initiating over five million unsolicited outbound telemarketing calls to numbers on the Do Not Call Registry since 2013, and by providing substantial assistance to other telemarketers who placed calls to numbers on the Do Not Call Registry.

The Commission vote authorizing the staff to file the complaint was 5-0. The complaint was filed in the U.S. District Court for the Northern District of Illinois on March 29, 2019, after being referred back to the FTC by the U.S. Department of Justice.

NOTE: The Commission authorizes the filing of 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 Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook, follow us on Twitter, read our blogs, and subscribe to press releases for the latest FTC news and resources.

CONTACT INFORMATION
CONTACT FOR CONSUMERS:
Consumer Response Center
877-382-4357

CONTACT FOR NEWS MEDIA:
Nicole Drayton
Office of Public Affairs
202-326-2565

STAFF CONTACTS:
Jason Schall
Bureau of Consumer Protection
202-326-2251

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Allied Wallet Allegedly Processed Fraudulent Transactions to Consumers’ Accounts

Operators of Payment Processing Firm Settle Charges for Assisting Fraudulent Schemes that Took More than $110 Million from Consumers

AlliedWallet, Inc., also d/b/a Allied Wallet, a Nevada company
Allied Wallet, Ltd., a United Kingdom company
GTBill, LLC, a Nevada company,
GTBill, Ltd., a United Kingdom company
____________________________________
Ahmad Khawaja, also known as Andy Khawaja, individually and as an officer,
member, and/or manager of Allied Wallet, Inc., Allied Wallet, Ltd.,
GTBill LLC, and GTBill, Ltd.,

Mohammad Diab, also known as Moe Diab, individually and as an officer,
member, and/or manager of AlliedWallet, Inc. and Allied Wallet Ltd., and

Amy Rountree, also known as Amy Ringler, individually and as an officer,
member, and/or manager of Allied Wallet, Inc. and Allied Wallet,
Ltd.
May 21, 2019

Payment processor Allied Wallet, its CEO and owner Ahmad (“Andy”) Khawaja, and two other officers, Mohammad (“Moe”) Diab and Amy Rountree, have agreed to settle Federal Trade Commission charges that they assisted numerous scams by knowingly processing fraudulent transactions to consumers’ accounts.

According to the FTC’s complaint, the operators of Allied Wallet knowingly processed payments for merchants that were engaged in fraud. These include merchants that were subject to law enforcement action by the FTC and the SEC, such as Stark Law, a phantom debt collection scheme; TelexFree, a pyramid scheme; and MOBE and Digital Altitude, two business coaching schemes that defrauded consumers with claims they would make substantial income.

The FTC alleges that the defendants—often in close collaboration with FTC scofflaw and Allied Wallet sales agent, Thomas Wells—helped numerous dubious merchants hide their fraud from banks and the credit card networks. The defendants’ deceptive practices included creating fake foreign shell companies to open accounts in their names, submitting dummy websites and other false information to merchant banks, and actively working to evade card network rules and monitoring designed to prevent fraud.

The stipulated final orders regarding Khawaja, his four corporations that do business as Allied Wallet, and Allied Wallet’s former VP of Operations, Amy Rountree, prohibit them from processing payments for certain types of merchants, including sellers and marketers of money making opportunities and debt collection services. The orders impose stringent screening and monitoring requirements on payment processing for certain other categories of merchants to ensure proper screening and vetting by Allied Wallet, Khawaja, and Rountree.

The order against Khawaja and his companies, AlliedWallet, Inc., Allied Wallet, Ltd., GTBill, LLC, and GTBill Ltd., imposes a $110 million equitable monetary judgment. After Khawaja turns over a residence in Los Angeles, California, the remainder of the judgment will be suspended due to inability to pay.

The order against Rountree imposes a $320,429.82 equitable monetary judgment that is suspended due to inability to pay.

The stipulated final order against Diab, who was Allied Wallet’s Chief Operating Officer, permanently bans him from payment processing and requires him to pay $1 million to the FTC in equitable monetary relief.

The Commission vote authorizing the staff to file the complaint and stipulated final orders was 5-0. The FTC filed the complaint and final orders in the U.S. District Court for the Central District of California.

NOTE: The Commission files a complaint when it has “reason to believe” that the named defendants are violating or are about to violate the law and it appears to the Commission that a proceeding is in the public interest. Stipulated final orders have the force of law when approved and signed by the District Court judge.

The Federal Trade Commission works to promote competition and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook, follow us on Twitter, read our blogs, and subscribe to press releases for the latest FTC news and resources.

PRESS RELEASE REFERENCE:
Payment Processor and Owner Agree to Permanent Payment Processing Ban and $1.8 Million Judgment to Settle FTC Charges They Violated 2009 Order
CONTACT INFORMATION
MEDIA CONTACT:
Nicole Drayton
Office of Public Affairs
202-326-2565

STAFF CONTACT:
Andrew Hudson
Bureau of Consumer Protection
202-326-2213

Karen S. Hobbs
Bureau of Consumer Protection
202-326-3587

All Us Marketing LLC (formerly known as Payless Solutions, LLC)

June 29, 2015
TAGS: deceptive/misleading conduct Finance robocalls Finance Bureau of Consumer Protection Midwest Region Consumer Protection Telemarketing
At the request of the Federal Trade Commission and the Florida Attorney General, a federal district court has temporarily halted an Orlando-based operation that has been bombarding consumers since 2011 with massive robocall campaigns designed to trick them into paying up-front for worthless credit card interest rate reduction programs.

The court order stops the illegal calls, many of which targeted seniors and claimed to be from “credit card services” and “card member services.” The defendants charged consumers up to $4,999 for their non-existent services.

“Working with the Florida Attorney General, we’re shutting down a scam that blasted robocalls to older people and offered bogus solutions to relieve credit card debt,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “It’s illegal to sell products or services with out-of the-blue robocalls, and if you get one you can expect that the sales pitch is a lie, too.”

“These scammers were making illegal robocalls to people nationwide, some of whom were seniors on fixed incomes. Too often the services promised were never provided, and consumers faced even more credit card debt through charges made without their consent,” said Attorney General Pam Bondi. “My office, in partnership with the FTC, has shut down this illegal credit card interest rate reduction scam and brought those responsible under the control of a federal court receiver.”

Doing business as Payless Solutions, the defendants have been illegally calling thousands of consumers nationwide – including many seniors – claiming that their program will save them at least $2,500 in a short period of time and will enable them to pay off their debts more quickly. After convincing consumers to provide their credit card information, the defendants then charged between $300 and $4,999 up-front for their worthless service. In some cases, they illegally charged consumers without their consent.

The joint agency complaint alleges that the defendants fail to provide consumers with the promised interest rate reductions or savings. Instead, some consumers receive a package of financial education information that they did not request or agree to pay for. In other cases, the defendants use consumers’ personal information to apply for new credit cards, presumably with low introductory interest rates, without consumers’ knowledge or consent.

The complaint also charges the defendants with making many calls to consumers whose phone numbers are on the FTC’s National Do Not Call Registry, and with a number of violations of the FTC’s Telemarketing Sales Rule and Florida’s Telemarketing and Consumer Fraud and Abuse Act.

The FTC and Florida Attorney General’s Office appreciate the assistance of the Florida Department of Agriculture and Consumer Services and the Orange County Sherriff’s Office in bringing this case.

The defendants include: 1) All Us Marketing LLC, f/k/a Payless Solutions, LLC; 2) Global Marketing Enterprises Inc., f/k/a Pay Less Solutions Inc.; 3) Global One Financial Services LLC; 4) Your #1 Savings LLC; 4) Ovadaa LLC; 5) Royal Holdings Of America LLC; 6) Gary Rodriguez; 7) Marbel Rodriguez; 8) Carmen Williams; 9) Jonathan Paulino; 10) Fairiborz Fard; 11) Shirin Imani; and 13) Alex Serna.

The Commission vote approving the joint complaint was 5-0. The complaint was filed in the U.S. District Court for the Middle District of Florida, Orlando Division, on June 22, 2015. That same day the court entered a temporary restraining order freezing the defendants’ assets and appointing a temporary receiver over the business.

Information for Consumers

The FTC has tips for consumers, as well as two consumer education videos explaining robocalls and describing what consumers should do when they receive one. See ftc.gov/robocalls for more information.

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 case will be decided by the court.

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, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

CONTACT INFORMATION
MEDIA CONTACT:

Mitchell J. Katz
Office of Public Affairs
202-326-2161

FTC STAFF CONTACT:

John Hallerud
FTC Midwest Region
312-960-5615

FLORIDA MEDIA CONTACT:

Kylie Mason, Communications Specialist
Office of Attorney General Pam Bondi
850-245-0207

FRAUDULENT Job Posting – reply27171791@mail.com

from:HR Management<reply27171791@charter.net>
reply-to:reply27171791@mail.com
to:scamFRAUDalert
date:May 27, 2019, 8:04 AM
subject:CareerBuilder: About Your Resume
mailed-by:charter.net

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