FTC Sued Day Pacer, LLC. and Edutrek, LLC.

The Federal Trade Commission has charged a telemarketing operation and its owners PayDayLoanwith 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

Robert Nolan of Halyard Capital Had Knowledge of Alec Difrawi Scams

Robert B. Nolan, Jr., founding partner at Halyard Capital whose business address is below had knowledge of Alec Difrawi who previously did business under the names of Softrock, Inc. or Expand Incorporated or Gigats scams and lawsuits against bloggers.

140 East 45th Street, 37th Floor
New York, NY 10017
Tel: (212) 554-2121

Yes….
Alec is getting deep in bed with Halyard Capital who owns Education Dynamics now. He’s about to hit the home run he’s dreamed about. Totally disgusts me. He is still a criminal.
Can’t believe no one will stop him. Blows my mind.

RE: CareerBuilder Job Application : scamFRAUDalert

from: HR Manager <applied218@cox.net>
reply-to: applied218@job4u.com
to: scamFRAUDalert
date: Aug 1, 2018, 10:57 AM
subject: RE: CareerBuilder Job Application : -Archie Richardson
mailed-by: cox.net
security: cox.net did not encrypt this message Learn more
: Important according to Google magic.

A reputable European tour operator offers vacancies in the USA.

Job title: customer service assistant;
Employment type: part-time job; full-time is available after 4 months; opportunity to work distantly;
Pay: from $2,350.00 p/m plus weekly bonuses.

Principle duties:
– Selling domestic and international tours, consulting customers on the value and destination to meet customers’ wishes;
– Booking tours and consulting customers on documents requirements;
– Making basic travel arrangements (collecting money, reserving, processing documents, etc.), and
– Providing a supervisor with reports on a weekly basis.

Requirements to candidates:
– Ability to meet deadlines;
– Decency and great work ethic;
– Desire to succeed;
– Attention to details.
– You must be over 23 years old.

HOW TO APPLY: simply reply to this message to obtain your Employment Application Form.
Please reply to this message including your most current contact details.

Make the first step to a new life! Contact us now to apply and find out about your opportunities!

________________________________________

Sender
IP Address 73.243.236.236
Country United States
Region & City Colorado, Greenwood Village
Coordinates 39.617210, -104.950810 (39°37’2″N 104°57’3″W)
ISP Comcast Cable Communications LLC
Local Time 12 Jul, 2019 01:49 PM (UTC -06:00)
Domain comcast.net
Net Speed (DSL) Broadband/Cable/Fiber/Mobile
IDD & Area Code (1) 303
ZIP Code 80110
Weather Station Parker (USCO0306)
Mobile Carrier –
Mobile Country Code (MCC) –
Mobile Network Code (MNC) –
Elevation 1664m
Usage Type (ISP) Fixed Line ISP
IP Address 68.230.241.159
Country United States
Region & City Nevada, Las Vegas
Coordinates 36.174970, -115.137220 (36°10’30″N 115°8’14″W)
ISP Cox Communications LLC
Local Time 12 Jul, 2019 12:49 PM (UTC -07:00)
Domain cox.com
Net Speed (DSL) Broadband/Cable/Fiber/Mobile
IDD & Area Code (1) 702
ZIP Code 89044
Weather Station Las Vegas (USNV0049)
Mobile Carrier –
Mobile Country Code (MCC) –
Mobile Network Code (MNC) –
Elevation 607m
Usage Type (ISP) Fixed Line ISP
IP Address 68.230.241.145
Country United States
Region & City Nevada, Las Vegas
Coordinates 36.174970, -115.137220 (36°10’30″N 115°8’14″W)
ISP Cox Communications LLC
Local Time 12 Jul, 2019 12:49 PM (UTC -07:00)
Domain cox.com
Net Speed (DSL) Broadband/Cable/Fiber/Mobile
IDD & Area Code (1) 702
ZIP Code 89044
Weather Station Las Vegas (USNV0049)
Mobile Carrier –
Mobile Country Code (MCC) –
Mobile Network Code (MNC) –
Elevation 607m
Usage Type (ISP) Fixed Line ISP

 

Annis Harris Location: for US Residents, All states

Original Message
Message ID <e4295390-0487-41aa-139f-cb02481ecb6c@spherion-stuffing.club>careerbuilder
Created at: Fri, Jul 12, 2019 at 9:55 AM (Delivered after 2 seconds)
From: Annis Harris <a.harris@spherion-stuffing.club> Using nodemailer (2.6.4; +https://nodemailer.com/; SMTP/2.7.2[client:2.12.0])
To: scamFRAUDalert
Subject: CareerBuilder Job-Application: 07.11.2019
SPF: PASS with IP 167.89.47.189 Learn more
DKIM: ‘PASS’ with domain service.inronline.net Learn more
_______________________________________________________________scam-alert_
from: Annis Harris |a.harris@spherion-stuffing.club | via service.inronline.net
reply-to: Annis Harris   |  a.harris@spherion-stuffing.club |
to: scamFRAUDalert
date: Jul 12, 2019, 9:55 AM
subject: CareerBuilder Job-Application: 07.11.2019
mailed-by: em4517.service.inronline.net
signed-by: service.inronline.net

Our HR Department found your CBuilder profile while looking for new candidates thus your skills and previous experience meet our our requirements.

Location: for US Residents, All states

We are specialists in the area of providing quality and liquidity analysis, verification and supervision of return claims from multiple online stores, wholesale sellers and market participants. We have a position for an Senior Quality Attestation Inspector who personally supervises inspection, verification and pricing of faulty goods, tabulates inconsistencies and writes reports on goods’ state.

This is a teleworking position, all work duties are fulfilled online outside of the office, this is why self-sufficiency and punctuality are important attributes a seeker must posess, to succeed in this position, nevertheless the personal supervision, tutoring and aid will be provided on the first weeks of employment.

We want to hire the best, so we proffer competitive compensation ($3,500 per month/$48,000 per annum, 1099-K structure) and a generous benefits package, which includes full health insurance and 401(k), for a six weeks training period, after which the further employment conditions will be renegotiated. Work schedule is adjustable, but tied to daytime weekdays. The applicant must be an American citizen, have 24 hours internet access, PC skills, smartphone with a camera and a printer.

To Accept feel free reply to this email and include your best phone number.
_________________________________________

Email Route Analysis
_________________________________________
Sender
IP Address 81.171.29.89
Country Netherlands
Region & City Noord-Holland, Haarlem
Coordinates 52.380840, 4.636830 (52°22’51″N 4°38’13″E)
ISP LeaseWeb Netherlands B.V.
Local Time 12 Jul, 2019 09:32 PM (UTC +02:00)
Domain leaseweb.com
Net Speed (COMP) Company/T1
IDD & Area Code (31) 023
ZIP Code 2037
Weather Station Haarlem (NLXX0010)
Mobile Carrier –
Mobile Country Code (MCC) –
Mobile Network Code (MNC) –
Elevation 4m
Usage Type (DCH) Data Center/Web Hosting/Transit
IP Address 167.89.47.189
Country United States
Region & City Colorado, Denver
Coordinates 39.749838, -104.995597 (39°44’59″N 104°59’44″W)
ISP Sendgrid Inc.
Local Time 12 Jul, 2019 01:32 PM (UTC -06:00)
Domain sendgrid.com
Net Speed (COMP) Company/T1
IDD & Area Code (1) 303/720
ZIP Code 80202
Weather Station Denver (USCO0105)
Mobile Carrier –
Mobile Country Code (MCC) –
Mobile Network Code (MNC) –
Elevation 1606m
Usage Type (DCH) Data Center/Web Hosting/Transit

Sylvia N Cooper United States Residents Only – Quality-Control-Inspector

scamalert

Message ID
Created at: Thu, Jul 4, 2019 at 9:22 AM (Delivered after -9 seconds)
From: HR-Department JOB Using m41231
To: scamFRAUDalert
Subject: Re:[#CB9-2236] CareerBuilder : Resume scamFRAUDalert
SPF: PASS with IP 47.43.20.26 Learn more
We are considering you as the new Quality-Control-Inspector for our company.

!!!!United States Residents Only.

Key responsibilities include receiving goods and packages via mail, processing and checking them, working closely with the supervisors and making reports of work done.
Salary: 25$ per package.
Average monthly income 1000$

Reply to this e-mail your name, phone and we will get in touch with you.