consumer protection report – february 2015

45
NATIONAL STATE ATTORNEYS GENERAL PROGRAM: CONSUMER PROTECTION REPORT FEBRUARY 2015

Upload: national-state-attorneys-general-program

Post on 08-Apr-2016

216 views

Category:

Documents


3 download

DESCRIPTION

 

TRANSCRIPT

Page 1: Consumer Protection Report – February 2015

NATIONAL STATE ATTORNEYS GENERAL PROGRAM: CONSUMER PROTECTION REPORT

FEBRUARY 2015

Page 2: Consumer Protection Report – February 2015

1

CONSUMER PROTECTION REPORT: February 1-28, 2015

This newsletter is a monthly circulation that describes consumer protection activity announced by state attorneys general. This information was gathered solely from attorney general press releases. It makes no effort to prioritize or

analyze the impact of any of these cases and initiatives.

The following press releases are organized by state and multistate activity. In addition, certain Medicaid fraud cases that touch on consumer protection and advocacy initiatives have been included.

If an office would like their activity to be included in subsequent newsletters, please notify [email protected].

To sign up for the monthly consumer protection report, please click on the

link below and enter your contact information. Newsletter sign up: http://stateag.us4.list-

manage.com/subscribe?u=9c3bb47bb6aba00473adb0c58&id=fdba3bae7b

The National State Attorneys General Program at Columbia Law School is a legal research, education, and policy center that examines the implications of the jurisprudence of state attorneys general. Working closely with attorneys general, academics, and other members of the legal community, the program is active in the development and dissemination of legal information used by state prosecutors in carrying out their civil and criminal responsibilities. For more information about the National State Attorneys General Program

and resources, please visit our website www.stateag.org.

Page 3: Consumer Protection Report – February 2015

2

TABLE OF CONTENTS

CONSUMER PROTECTION CASES, SETTLEMENTS AND ADVOCACY

STATEMENTS ......................................................................................... 4

ALABAMA....................................................................................................................... 4

ARIZONA ........................................................................................................................ 4

FLORIDA ........................................................................................................................ 6

IDAHO ........................................................................................................................... 7

IOWA ............................................................................................................................. 7

MICHIGAN ..................................................................................................................... 9

MISSOURI ...................................................................................................................... 9

NEW JERSEY ............................................................................................................... 11

NEW YORK ................................................................................................................... 12

NORTH CAROLINA ....................................................................................................... 20

OHIO ............................................................................................................................ 20

WASHINGTON .............................................................................................................. 24

WEST VIRGINIA ........................................................................................................... 24

MULTISTATE CASES AND SETTLEMENTS ............................................. 26

MEDICAID FRAUD CASES AND SETTLEMENTS ..................................... 27

ALABAMA..................................................................................................................... 27

FLORIDA ...................................................................................................................... 27

MARYLAND .................................................................................................................. 28

MISSOURI .................................................................................................................... 29

NEVADA ....................................................................................................................... 29

NEW JERSEY ............................................................................................................... 29

Page 4: Consumer Protection Report – February 2015

3

NEW YORK ................................................................................................................... 30

OKLAHOMA ................................................................................................................. 30

PENNSYLVANIA ............................................................................................................ 31

VIRGINIA ..................................................................................................................... 32

CONSUMER ADVOCACY ........................................................................ 33

ALABAMA..................................................................................................................... 33

CALIFORNIA ................................................................................................................ 34

COLORADO .................................................................................................................. 34

CONNECTICUT ............................................................................................................. 35

FLORIDA ...................................................................................................................... 36

ILLINOIS ...................................................................................................................... 36

INDIANA ....................................................................................................................... 37

MASSACHUSETTS ........................................................................................................ 37

MISSOURI .................................................................................................................... 38

NEVADA ....................................................................................................................... 39

NEW HAMPSHIRE ........................................................................................................ 39

NEW YORK ................................................................................................................... 40

OHIO ............................................................................................................................ 42

SOUTH DAKOTA .......................................................................................................... 42

WEST VIRGINIA ........................................................................................................... 43

Page 5: Consumer Protection Report – February 2015

4

CONSUMER PROTECTION CASES, SETTLEMENTS AND

ADVOCACY STATEMENTS

ALABAMA

February 26, 2015

Attorney General Luther Strange Stops Elmore County Used Car Dealer

From Continuing To Defraud Customers

Attorney General Luther Strange has obtained a court order to stop an Elmore

County used car dealer from continuing to defraud Alabama consumers and

businesses.

Elmore County Circuit Judge Sibley G. Reynolds granted the Attorney

General’s request for a temporary restraining order and to seize the property

of Quality Used Cars and its associate Preowned Automotive, operated by

Claton (or Clayton) and Connie Reeves since 2009. Also named in the

Attorney General’s lawsuit are Monecia Brown, daughter of Claton and Connie

Reeves, and Brown’s husband Christopher Robinson, for their actions as

employees or agents of the dealer, which is located at 6155 Elmore Road in

Elmore, Alabama. A preliminary injunction hearing is set for March 5.

http://www.ago.state.al.us/News-599

ARIZONA

February 2015

Attorney General Brnovich Settles Lawsuit Against Solar Company

Arizona Attorney General Mark Brnovich announced the resolution of a

consumer fraud lawsuit filed against Stealth Solar LLC (Stealth) and owners

Fred and Sandra Richie. Stealth Solar sold photovoltaic (“PV” or “solar”)

systems and energy products. According to the lawsuit filed in 2014, Stealth

obtained most of its business by making thousands of telemarketing calls that

convinced customers to let Stealth employees make sales pitches at their

homes. The company operated in Arizona, California and Hawaii from 2010 to

2014.

Page 6: Consumer Protection Report – February 2015

5

ARIZONA CONT’D

The Consent Judgment finds that Stealth violated the Arizona Consumer

Fraud Act (ACFA) by making illegal statements and omissions in both

telemarketing calls and in-home sales presentations. Customers heard

pitches that turned out to be false, deceptive, and misleading. Some examples

of those statements include: “cannot even add one cent to your personal

budget,” its customers can “save tons of money every single month,” and that

“utility bills will rise 8-14% per year if you don’t get a PV System”.

https://www.azag.gov/press-release/attorney-general-brnovich-settles-

lawsuit-against-solar-company

February 2015

Attorney General Brnovich Announces Foreclosure Consultant Restricted

After Misleading Spanish-Speaking Customers

On January 15, 2015, the Maricopa County Superior Court approved a

Stipulated Consent Judgment obtained by Attorney General Mark Brnovich

against Phoenix- based Brother’s Help Solutions (BHS) and its owner Nelson

Molano. The company located at 2720 East Thomas Road Suite C259

Phoenix, AZ 85016, provides foreclosure consulting and loan modification

assistance.

The Consent Judgment found that BHS and Molano deceitfully required

Spanish- speaking customers to sign a contract drafted entirely in English.

The contract misrepresented the difficulty of loan modification application

submissions, omitted facts related to the application process, and required

up-front payment in violation of Arizona’s Foreclosure Consultant Stature.

The company also altered and cashed checks that were supposed to be paid to

client’s lenders.

https://www.azag.gov/press-release/foreclosure-consultant-restricted-after-

misleading-spanish-speaking-customers

Page 7: Consumer Protection Report – February 2015

6

FLORIDA

February 13, 2015

Attorney General Pam Bondi Announces Nationwide Pools’ Owner Found

Individually Liable for Deceptive and Unfair Business Practices

Attorney General Pam Bondi today announced that the 17th Judicial Circuit,

in and for Broward County, has found Nationwide Pools’ owner, Keith Stuart,

individually liable for the company’s deceptive and unfair business practices.

Attorney General Bondi’s office sued Nationwide Pools in 2013 for using a

variety of false and deceptive marketing practices related to the sale and

construction of pools, including: failing to pay subcontractors which caused

liens to be placed on consumers' homes, making misrepresentations relating

to pool financing, charging illegal credit card fees, making misrepresentations

regarding manufacturer rebates and warranties, and failing to complete

construction of pools.

http://www.myfloridalegal.com/newsrel.nsf/newsreleases/4B4D1665B97A9F

0D85257DEB0072BF0F

February 3, 2015

Attorney General Bondi Sues Scuba Diving Company for Selling

Counterfeit Diving Certification Cards

Attorney General Pam Bondi filed a complaint this week against Ocean

Hunters, Inc., located in Doral, Fla., and the owner, Abdiel Falcon, for

allegedly misleading and deceiving Florida consumers who purchased the

company’s open water scuba diving certification courses. According to the

investigation by Attorney General Bondi’s Consumer Protection Division, the

defendants allegedly charged more than 300 consumers $149 to $399 for

counterfeit and/or fraudulent Professional Association of Diving Instructors

certification cards, among other things.

http://www.myfloridalegal.com/newsrel.nsf/newsreleases/DD7D09048438E

E7A85257DE1006F756E

Page 8: Consumer Protection Report – February 2015

7

IDAHO

February 26, 2015

Attorney General Lawrence Wasden Announces Judgment Entered

Against Former Fitness Clubs

Attorney General Lawrence Wasden obtained a $394,900 judgment against

Body Renew Fitness, LLC, which operated several Treasure Valley fitness and

tanning facilities before they abruptly closed last summer. The judgment ends

Wasden’s lawsuit against the company and its owner for taking customers’

money, but failing to provide the services the customers purchased.

http://www.ag.idaho.gov/media/newsReleases/2015/nr_02262015.html

IOWA

February 24, 2015

Attorney General Tom Miller Announces Judge Orders Moulton

Contractor to Pay $102,000 in Restitution, Conditions for Future Work

A Polk County judge today ordered an Appanoose County contractor to pay

more than $100,000 in restitution and set court-ordered conditions for future

contracting or home repair work.

Through a consent judgment filed in Polk County District Court, District

Court Judge Douglas F. Staskal ordered Jeremey Lawson, 39, of Moulton, to

pay $102,000 in restitution to 25 consumers.

The Consumer Protection Division reviewed 40 complaints against Lawson

and his Moulton and Bloomfield-based businesses, including 24 filed with the

division. Lawson's current and former business names include Sturdy

Buildings, Strong Structures, Lawson Building Components and J&C

Buildings. Of those complaints, a majority alleged that Lawson did no work

after collecting substantial or partial up-front payments for home

construction or renovation projects. In other cases, consumers alleged that

Lawson failed to finish projects or did substandard work.

https://www.iowaattorneygeneral.gov/newsroom/judge-orders-moulton-

contractor-to-pay-102000-in-restitution-conditions-for-future-work/

Page 9: Consumer Protection Report – February 2015

8

IOWA CONT’D

February 24, 2015

Attorney General Tom Miller Announces Minnesota Professional

Fundraiser Agrees to Reform Telephone Solicitation Practices

Strategic Fundraising Inc. solicitation to undercover phone line leads to

company changes, $10,000 payment for consumer protection enforcement

A St. Paul professional fundraiser will increase transparency and better

inform would-be Iowa donors who receive telephone solicitations, through an

agreement with Attorney General Tom Miller.

The agreement, called an Assurance of Voluntary Compliance, settles a

dispute over Strategic Fundraising Inc.’s telephone fundraising disclosure

practices.

In May of 2014 a Strategic Fundraising representative called a Consumer

Protection Division undercover phone line to solicit a charitable

donation. The telemarketer did not identify his status as a professional

fundraiser.

When the recipient of the call asked how much of a donation goes to the

charitable mission, the telemarketer responded that 84% of funds received by

the charity would go to the cause.

But the claimed 84% is the proportion of all funds raised that go toward the

underlying mission. The Strategic Fundraising telemarketer did not further

explain that the company's fees could be as high as 90 to 100 percent of the

proceeds of the specific telephone fundraising campaign that generated the

call to the Iowan.

https://www.iowaattorneygeneral.gov/newsroom/minnesota-professional-

fundraiser-agrees-to-reform-telephone-solicitation-practices/

February 11, 2015

Attorney General Tom Miller Files Consumer Fraud Lawsuit against New

York-Based “International Astrology Foundation”

Miller obtains injunction barring International Astrology Foundation and Joseph

Meisels from

Page 10: Consumer Protection Report – February 2015

9

An Iowa judge today issued a temporary injunction against a New York-based

self-described astrology foundation and the Brooklyn man believed behind it,

after Attorney General Tom Miller filed a consumer fraud lawsuit alleging the

defendants used “a string of fabrications and falsehoods” to extract money

from a 91-year-old Iowa widow.

https://www.iowaattorneygeneral.gov/newsroom/miller-files-consumer-

fraud-lawsuit-against-new-york-based-international-astrology-foundation/

MICHIGAN

February 10, 2015

Attorney General Bill Schuette Files Lawsuit to Permanently Dissolve

The Mandatory Poster Agency, Inc.

Michigan Attorney General Bill Schuette today filed a lawsuit to permanently

dissolve The Mandatory Poster Agency, Inc. of Lansing, Michigan and enjoin

its principals, brothers Thomas Fata, Steven Fata, and Joseph Fata, based on

allegations they engaged in unlawful conduct meant to deceive businesses.

The lawsuit alleges the Fata brothers have been sending misleading and

deceptive mailings to businesses in Michigan and across the country since

1999. The complaint alleges the defendants used the name "Corporate

Records Service" to send mailings that were designed to look like "official"

governmental forms that businesses had to fill out in order to comply with

corporate filing requirements. Schuette received hundreds of complaints

about the company and these mailings.

http://www.michigan.gov/ag/0,4534,7-164-46849_47203-347280--,00.html

MISSOURI

February 11, 2015

Attorney General Chris Koster Reaches Agreement With Ticketmaster

Attorney General Chris Koster announced today that he has negotiated an

agreement with Ticketmaster to better inform consumers of limitations and

restrictions associated with paperless ticketing for major live events.

Consumer advocates have complained that consumers purchasing paperless

Page 11: Consumer Protection Report – February 2015

10

MISSOURI CONT’D

tickets through Ticketmaster's website often did so without a full

understanding of restrictions limiting transfer of the tickets.

https://ago.mo.gov/home/news-archives/2015-news-archives/ag-koster-

reaches-agreement-with-ticketmaster

February 4, 2015

Attorney General Chris Koster Criminally Charges Owners Of Roofing

Company With Stealing From Kansas City-Area Consumers

Attorney General Chris Koster announced today that he has joined with

Jackson County Prosecuting Attorney Jean Peters Baker and Clay County

Prosecuting Attorney Dan White in the filing of criminal charges against three

former owners of American Shingle, LLC. The former CEO, Carlton DeWayne

Dunko of Florida, COO Frank Pureber of Florida, and Chief Information

Officer Richard Steffy of Georgia, face multiple felony counts of stealing and

deceptive business practices in Jackson and Clay Counties.

Koster alleges American Shingle operated in the Kansas City area throughout

the spring and summer of 2010, sending employees door-to-door after storms

to solicit residential roofing repair jobs. More than 170 consumers complained

they paid American Shingle, some from insurance payments, but the

company kept the money without making the promised repairs.

https://ago.mo.gov/home/news-archives/2015-news-archives/ag-koster-

criminally-charges-owners-of-roofing-company-with-stealing-from-kansas-

city-area-consumers

February 2, 2015

Attorney General Chris Koster Obtains Additional $45,492 In Restitution

For Missouri Consumers Swindled By U.S. Fidelis

Attorney General Koster announced today that beginning this week Missouri

consumers who filed claims and received restitution from his 2013 settlement

with U.S. Fidelis will receive an additional $95 in restitution, totaling

$45,492.17. The new settlement was reached in a separate lawsuit brought by

Page 12: Consumer Protection Report – February 2015

11

MISSOURI CONT’D

the state of Missouri against several former high-level managers at U.S.

Fidelis.

US Fidelis, a Wentzville-based auto service contract seller, sent misleading

solicitations telling consumers their auto warranties had expired or would

soon expire and offering to extend their service coverage. Consumers were

also routinely misled into believing that the contracts they were buying

covered far more repairs than they actually covered.

https://ago.mo.gov/home/news-archives/2015-news-archives/ag-koster-

obtains-additional-in-restitution-for-missouri-consumers-swindled-by-u.s.-

fidelis

NEW JERSEY

February 26, 2015

Acting Attorney General John J. Hoffman Announces New Jersey

Division of Consumer Affairs Reaches $360,000 Settlement with Fair

Lawn Based Moving Company

Under the terms of the Final Consent Judgment that concluded a lawsuit filed

in State Superior Court in Bergen County, the owner of Moving Max, Inc., a

moving and storage company based in Fair Lawn, and the owner’s father, are

permanently barred from owning or working in such businesses in New

Jersey. In addition, as part of the settlement, 18 consumers who complained

that their possessions were held until they paid substantially higher moving

costs than agreed to, will be reimbursed for their losses.

Consumers who filed complaints with the Division alleged that Moving Max,

Inc., offered artificially low moving estimates, and then once in possession of consumers’ personal property, threatened to hold those items unless a higher payment -- at times double the price agreed to -- was paid immediately and in

cash or by money order.

View Final Consent Judgment

http://nj.gov/oag/newsreleases15/pr20150226b.html

Page 13: Consumer Protection Report – February 2015

12

NEW JERSEY CONT’D

February 11, 2015

Acting Attorney General John J. Hoffman Announces Maplewood Man

Indicted For Allegedly Defrauding Numerous Clients of His Debt

Adjustment Firm, TGC Movement, Out of More Than $250,000

Acting Attorney General John J. Hoffman announced that the operator of a

Maplewood debt adjustment firm was indicted today for allegedly defrauding

customers by promising them big reductions in their monthly bills and then

stealing their money in a Ponzi scheme.

The Division of Criminal Justice Financial & Computer Crimes Bureau today

obtained a state grand jury indictment charging Germain Theodore, 34, of

Maplewood, with second-degree theft by failure to make required disposition

of property received. It is alleged that Theodore recruited customers for his

purported bill payment and debt consolidation business, TGC Movement, Inc.,

by claiming that he could reduce their monthly bills by 35 percent. Theodore

allegedly told clients that if they paid 65 percent of their bills to TGC, plus a

fee, TGC would arrange for their bills to be paid in full. It is alleged that, in

fact, Theodore quickly stopped paying bills for the clients and instead stole

their payments.

http://nj.gov/oag/newsreleases15/pr20150211b.html

NEW YORK

February 26, 2015

A.G. Schneiderman Secures Over $500,000 In Restitution And Title

Certificates For Consumers Against Dominican Republic Real Estate

Developer

The Consent Order And Judgment Permanently Prohibits The Respondents

From Promoting, Advertising Or Otherwise Engaging In The Sale, Transfer Or

Conveyance Of Residential Properties In The Dominican Republic To New York

Consumers.

Attorney General Eric T. Schneiderman today announced a settlement in his

lawsuit against the Dominican real estate development company Consorcio

Empresarial Emproy-Divisa, S.A; Danilo Diaz, the company’s president; Julio

Page 14: Consumer Protection Report – February 2015

13

NEW YORK CONT’D

Balbuena, the company’s sales manager; Rivas Travel and Multiservice, Inc., a

New York corporation; and David Rivas, the owner of Rivas Travel, for their

involvement in the sale of residential properties at a development in the

Dominican Republic known as Pueblo Bavaro. The Attorney General has

secured $540,499.00 for consumers who paid a down payment or in full for a

residence at Pueblo Bavaro but never received it, and title certificates for

dozens of defrauded consumers. A Consent Order and Judgment signed by

Manhattan Supreme Court Justice Joan Kenney requires financial restitution

payments to new complainants who paid a down payment or in full for a

residence but never received one within 30 days of the complaint being

received by the development company, and title certificates to be provided

within 60 days of the complaint being received. The Consent Order and

Judgment also prohibits the respondents from promoting, advertising or

engaging in the sale, transfer or conveyance of properties in Dominican

Republic to New York consumers.

http://www.ag.ny.gov/press-release/ag-schneiderman-secures-over-500000-

restitution-and-title-certificates-consumers

February 19, 2015

A.G. Schneiderman Secures Agreements With Twenty School Districts To

Ensure Equal Educational Opportunities For Students Regardless Of

Immigration Status

Agreements Remove Barriers Impacting Unaccompanied Minors And Other

Undocumented Youth Seeking To Enroll In Public Schools

Attorney General Eric T. Schneiderman today announced agreements with

twenty school districts to ensure educational access for students regardless of

their immigration status or that of their parents or guardians. The districts

agreed to remove inquiries into citizenship/immigration status from their

enrollment materials, as well as to develop new enrollment procedures and

provide training to responsible personnel to ensure that students do not face

such barriers when seeking to enroll. The districts, which span fourteen

different counties across the state, include the Amherst, Carthage,

Cheektowaga, Cuba Rushford, Dryden, Gates Chili, Greenville, Hilton, Homer,

Lyme, Manchester-Shortsville, Penfield, Pittsford, Spencerport, Sullivan West,

Page 15: Consumer Protection Report – February 2015

14

NEW YORK CONT’D

Vestal, and Williamson Central School Districts; and the Oneida, Port Jervis,

and Watertown City School Districts.

http://www.ag.ny.gov/press-release/ag-schneiderman-secures-agreements-

twenty-school-districts-ensure-equal-educational

February 18, 2015

A.G. Schneiderman Settlement Ends Rochester Area Company’s

Deceptive ‘Going Out Of Business’ Sale

HQ Home, A Local Furniture Store, Made False Statements In Advertisements

For Going-Out-Of-Business Sale

Attorney General Eric T. Schneiderman today announced a settlement with

HQ Home, a Henrietta-based furniture company, for engaging in deceptive

acts and making false statements in its advertisements. The business

advertised that they were holding a going out of business sale while

continuing to receive shipments of new furniture, which is a violation of New

York State law. As a result of Attorney General Schneiderman's investigation,

HQ Home has paid $10,000 in civil penalties to the state and forfeited $500 to

the Town of Henrietta for the application it was required to obtain to conduct

a going out of business sale.

http://www.ag.ny.gov/press-release/ag-schneiderman-settlement-ends-

rochester-area-company%E2%80%99s-deceptive-%E2%80%98going-out-

business

February 17, 2015

A.G. Schneiderman Announces Conviction Of Manhattan Restaurateur

For Underpaying Workers $100,000

Paul Hurley, Owner Of Desmond's Steakhouse & Grill Was Convicted Of Failing

To Pay Workers At Famed 7th Avenue Eatery And Was Sentenced To Pay

Restitution

Attorney General Eric T. Schneiderman today announced the conviction and

sentencing of Paul D. Hurley and Portmarnock Restaurant Corp., d/b/a

Page 16: Consumer Protection Report – February 2015

15

NEW YORK CONT’D

Desmond's Steakhouse & Grill, for failing to pay wages to workers who were

hired at various stages during the opening of the 7th Avenue restaurant.

Hurley and the corporation were each convicted of Failing to Pay Wages as an

unclassified misdemeanor under Section 198-a(1) of the New York State Labor

Law. At the time of his plea, Hurley admitted to shortchanging 54 workers out

of $100,000 by falsely promising them that they would be paid in the future

to induce them to continue working without wages during the opening nights

of the posh eatery.

http://www.ag.ny.gov/press-release/ag-schneiderman-announces-

conviction-manhattan-restaurateur-underpaying-workers-100000

February 11, 2015

A.G. Schneiderman Announces Settlement With Six Syracuse Area

Apartment Complexes Over Failing To Return Security Deposits To

Tenants

Attorney General Eric T. Schneiderman today announced a settlement

agreement with six Syracuse-area apartment complexes that repeatedly failed

to return tenants’ security deposits at lease-end and, when applicable, to pay

interest to tenants on their initial deposits. The settlement will return deposits

to dozens of former tenants and resolve complaints against Abraham

Mendlowitz, President of AIM Properties Corp. and AIM Properties

Management Corp. Under the agreement, $13,983.50 in restitution has been

refunded to former tenants by the apartment complexes and $15,000 has

been paid in investigative costs to the state. The complaints involved

apartment buildings formerly under Mendlowitz’ management in Syracuse

and Liverpool.

http://www.ag.ny.gov/press-release/ag-schneiderman-announces-

settlement-six-syracuse-area-apartment-complexes-over

Page 17: Consumer Protection Report – February 2015

16

NEW YORK CONT’D

February 9, 2015

A.G. Schneiderman Announces Arrest And Indictment Of New Jersey

Broker In $1 Million Securities Fraud Case

Khawaja Saud Masud Charged With Grand Larceny And Securities Fraud For

Fraudulently Soliciting Investment In His Purported Hedge Fund

Masud Promised To Conservatively Invest The Victims’ Retirement Monies, But

Instead Incurred Losses Of Almost $1 Million In Just Three Months

Attorney General Eric T. Schneiderman announced today felony charges

against Khawaja Saud Masud, 37, of Jersey City, NJ, for stealing over $1

million from a retired pediatrician and his wife by fraudulently soliciting them

to invest in his purported hedge fund, RKS Capital, LP. The defendant is

charged with Grand Larceny in the First Degree (a Class B felony) and

Securities Fraud under the Martin Act (a Class E felony) and faces up to 25

years in prison.

According to the indictment and statements made by prosecutors at

arraignment, in 2012, Masud allegedly solicited Dr. Kalim Irfani, a 75-year old

retired pediatrician, and his wife, Rehana Irfani, of Westchester, to invest

their retirement monies in his purported hedge fund, RKS Capital, LP, which

Masud had created just two weeks earlier. Based on his promises of a secure

investment opportunity, the Irfanis allegedly gave over $1 million to Masud,

only to have Masud lose nearly their entire investment in a matter of months.

http://www.ag.ny.gov/press-release/ag-schneiderman-announces-arrest-

and-indictment-new-jersey-broker-1-million-securities

Page 18: Consumer Protection Report – February 2015

17

NEW YORK CONT’D

February 5, 2015

A.G. Schneiderman Announces Conviction And Sentencing Of Serial

Fraudster Who Preyed On Immigrants

Sonia Vertucci Confessed To Taking Victims’ Cash For A Wide Variety Of

Services That Were Never Delivered

Vertucci Will Serve 1-3 Years In State Prison And Will Pay Restitution To Victims

Attorney General Eric T. Schneiderman today announced the guilty plea of

Sonia Vertucci, who admitted to operating a long-running scheme to steal

from Queens’s residents by falsely promising a wide range of services to her

predominantly immigrant clients in a scheme that involved more than

$100,000 in fraudulent payments for services she never delivered or refunded

victims’ money.

Vertucci, 42, of New Rochelle, pleaded guilty in Supreme Court in Queens

County to one count of Scheme to Defraud in the First Degree (a class “E”

felony). She was sentenced to a term of 1-3 years in state prison, and was

ordered to pay restitution to victims after her release.

http://www.ag.ny.gov/press-release/ag-schneiderman-announces-

conviction-and-sentencing-serial-fraudster-who-preyed

February 4, 2015

A.G. Schneiderman Announces Prison Sentence For Lawyer Charged With

Stealing Almost $2 Million From Staten Island Nonprofit

Timothy Griffin Stole From Staten Island Cemetery To Hide Theft Of Client

Money and Fund Lavish Lifestyle; Will Be Sentenced To 3 To 9 Years In Prison

Attorney General Eric T. Schneiderman today announced the guilty plea of

Westchester attorney Timothy Griffin, former acting president of United

Hebrew Cemetery, on the charge of Grand Larceny in the First Degree. Griffin

admitted to embezzling nearly $2 million from the not-for-profit, and he will

be sentenced to 3 to 9 years in prison.

Page 19: Consumer Protection Report – February 2015

18

NEW YORK CONT’D

The Attorney General's investigation revealed that Griffin, a Bronxville real

estate attorney, stole nearly $2 million from United Hebrew Cemetery in

Staten Island. In late 2012, Griffin was asked to serve as Acting President of

the Cemetery after the previous president and his wife were found guilty of

embezzling approximately $850,000, as the result of a prior investigation

conducted by the Attorney General’s office. In his capacity as Acting

President, Griffin made six unauthorized wire transfers from the Cemetery’s

account to his own attorney escrow account, totaling $1.9 million.

http://www.ag.ny.gov/press-release/ag-schneiderman-announces-prison-

sentence-lawyer-charged-stealing-almost-2-million

February 3, 2015

A.G. Schneiderman Asks Major Retailers To Halt Sales Of Certain Herbal

Supplements As DNA Tests Fail To Detect Plant Materials Listed On

Majority Of Products Tested

Cease And Desist Letters Sent To GNC, Target, Walgreens And Walmart As

Most Store Brand Supplements Were Found To Contain Contaminants Not

Identified On Ingredient Labels; Just 21% Of Supplement Tests Identified DNA

From Plant Species Listed On Labels

Attorney General Eric T. Schneiderman today announced that his office sent

letters to four major retailers, GNC, Target, Walmart, and Walgreens, for

allegedly selling store brand herbal supplement products in New York that

either could not be verified to contain the labeled substance, or which were

found to contain ingredients not listed on the labels. The letters, sent Monday,

call for the retailers to immediately stop the sale of certain popular products,

including Echinacea, Ginseng, St. John’s Wort, and others. Attorney General

Schneiderman requested the companies provide detailed information relating

to the production, processing and testing of herbal supplements sold at their

stores, as well as set forth a thorough explanation of quality control measures

in place.

http://www.ag.ny.gov/press-release/ag-schneiderman-asks-major-retailers-

halt-sales-certain-herbal-supplements-dna-tests

Page 20: Consumer Protection Report – February 2015

19

NEW YORK CONT’D

February 2, 2015

A.G. Schneiderman Obtains Judgments Of Nearly $800,000 Against Papa

John’s Franchisee For Underpaying Employees

Judgment Finds Operator Emmanuel Onuaguluchi Liable For Wages Owed To

Hundreds Of Workers At Six Locations In New York City

Emstar Pizza, Owners And Operators Permanently Enjoined From Selling

Assets To Avoid Paying Back Wages

Attorney General Eric T. Schneiderman announced that his office has

obtained two separate judgments against Emstar Pizza, a Papa John’s

franchisee, and its owner and operator for underpaying employees. The

violations include shaving workers’ pay by under-reporting hours and

rounding down hours worked to the nearest whole hour increment (and

paying nothing for fractions of hours), as well as nonpayment of overtime

premiums—all in violation of New York State Labor Law.

Kings County Supreme Court Justice Johnny Lee Baynes issued a judgment

against Emstar Pizza Inc. operator Emmanuel Onuaguluchi for $789,507.06

in owed wages, uniform maintenance, liquidated damages, and interest to

hundreds of employees who have worked for him over the past six years. In a

separate consent order and judgment, Justice Baynes approved a settlement

agreement that holds Emstar Pizza Inc. and its owner Uchenna Onuaguluchi

jointly responsible for $541,337.61 of this amount in owed wages, liquidated

damages, and interest. Both orders permanently enjoin Emstar Pizza Inc. and

its owners and operators from selling any stores unless proceeds from the sale

are held in escrow by the Attorney General, which the Attorney General may

use to distribute as restitution to underpaid employees.

http://www.ag.ny.gov/press-release/ag-schneiderman-obtains-judgments-

nearly-800000-against-papa-john%E2%80%99s-franchisee

Page 21: Consumer Protection Report – February 2015

20

NORTH CAROLINA

February 10, 2015

Attorney General Roy Cooper Announces Charlotte Car Dealer Must End

Unfair Loans Based On Race, Pay Consumer Relief

Cooper, US DOJ reach settlement with Auto Fare, Southeastern Auto Corp.

Two Charlotte used car dealerships that targeted consumers with overpriced

vehicles and predatory car loans based on race must repay victims and

change practices, Attorney General Roy Cooper announced Tuesday.

The settlement resolves a lawsuit filed in January 2014 by Cooper, the Civil

Rights Division of the U.S. Department of Justice and the U.S. Attorney for

the Western District of North Carolina against Auto Fare, Inc., Southeastern

Auto Corp. and their owner, Zuhdi A. Saadeh.

http://www.ncdoj.gov/News-and-Alerts/News-Releases-and-

Advisories/Press-Releases/Charlotte-car-dealer-must-end-unfair-loans-bas-

%281%29.aspx

OHIO

February 26, 2015

Attorney General DeWine Seeks Reimbursement From Dealership

Accused of Failing to Deliver Titles

Ohio Attorney General Mike DeWine today announced a lawsuit against the

operators of a Columbus used car dealership accused of failing to provide

vehicle titles to buyers as required by law.

The lawsuit charges Keeonia Davis and Alan Davis, previously operating as

Quality Used Auto Sales at 1232 Sullivant Avenue, with violations of Ohio’s

Consumer Sales Practices Act and Certificate of Motor Vehicle Title Act.

Quality Used Auto Sales, which is now closed, has generated 46 consumer

complaints to the Ohio Attorney General’s Office since 2014. Most involve title

issues.

http://www.ohioattorneygeneral.gov/Media/News-Releases/February-

2015/Attorney-General-DeWine-Seeks-Reimbursement-from-D

Page 22: Consumer Protection Report – February 2015

21

OHIO CONT’D

February 24, 2015

Attorney General Mike Dewine Announces A Lawsuit Against Landscaper

Accused Of Failing To Deliver Promised Services To Consumers

Ohio Attorney General Mike DeWine today announced a lawsuit against the

owner of a Medina-area landscaping service accused of failing to deliver

promised services to consumers and performing shoddy work.

The lawsuit accuses John M. Capone, operating as Empire Landscaping &

Irrigation, of violating Ohio’s Consumer Sales Practices Act and Home

Solicitation Sales Act.

In the last two years, nine consumers have filed complaints against the

business with approximately $60,000 in reported losses.

http://www.ohioattorneygeneral.gov/Media/News-Releases/February-

2015/Landscaper-Accused-of-Failing-to-Deliver-Promised

February 18, 2015

Attorney General DeWine Announces New Scholarship Trust Created

from Proceeds of Charitable Fraud Case

Ohio Attorney General Mike DeWine today announced that a new scholarship

trust has been established for graduating student athletes of Mansfield Senior

High School using proceeds from the Mansfield Tyger All-Sports Booster Club

charitable fraud case.

Attorney General DeWine’s office estimates that approximately $300,000 in

scholarship funds ultimately will be made available as a result of civil and

criminal actions against former booster club trustees who were accused of

stealing money meant for students and using the funds for themselves.

http://www.ohioattorneygeneral.gov/Media/News-Releases/February-

2015/Attorney-General-DeWine-Announces-New-Scholarship

Page 23: Consumer Protection Report – February 2015

22

OHIO CONT’D

February 11, 2015

Attorney General DeWine Files Suit Against New York Debt Collector

Accused of Harassing Ohio Consumers

Ohio Attorney General DeWine today announced a lawsuit against a Buffalo,

New York, debt collector accused of impersonating Ohio government agencies

and threatening consumers with arrest while attempting to collect debts.

The lawsuit accuses Nationwide Recovery Group LLC and its owner, Michael

P. McCarthy, of violating the Ohio Consumer Sales Practices Act and the Fair

Debt Collection Practices Act.

According to the Attorney General’s lawsuit, the business impersonated

various government and law enforcement agencies, including the clerk of

courts’ offices in Greene County, Cuyahoga County, and Montgomery County,

in addition to county sheriff deputies and a court investigator.

http://www.ohioattorneygeneral.gov/Media/News-Releases/February-

2015/Attorney-General-DeWine-Files-Suit-Against-New-Yor

February 11, 2015

Attorney General DeWine Seeks Consumer Restitution from Mobile Home

Mover

Ohio Attorney General DeWine today announced a lawsuit against a Somerset

man accused of failing to deliver promised mobile-home moving services to

Ohio consumers.

The lawsuit accuses David Lee Marsh, Sr., doing business as David’s Mobile

Home Transport and Repair, of violating Ohio’s Consumer Sales Practices

Act.

David Marsh is the owner and operator of David’s Mobile Home Transport and

Repair, which provides mobile home transport, mobile home repair, and site

preparation services in Ohio.

http://www.ohioattorneygeneral.gov/Media/News-Releases/February-

2015/Attorney-General-DeWine-Seeks-Consumer-Restitution

Page 24: Consumer Protection Report – February 2015

23

OHIO CONT’D

February 10, 2015

Attorney General Mike DeWine Files Lawsuit Against Home Improvement

Contractor Accused of Failing to Deliver Promised Services

Ohio Attorney General Mike DeWine today announced a lawsuit against a

northwest Ohio home improvement contractor accused of failing to deliver

promised services and performing shoddy work.

The lawsuit accuses Joshua Schnabel, operating as Schnabel Construction, of

violating Ohio's Consumer Sales Practices Act and Home Solicitation Sales

Act.

In the last two years, four consumers filed complaints against the business

with reported losses totaling at least $26,000.

http://www.ohioattorneygeneral.gov/Media/News-Releases/February-

2015/Home-Improvement-Contractor-Accused-of-Failing-to

February 9, 2015

Attorney General DeWine Reaches $105,000 Settlement with

Massachusetts Telemarketer over Charity Calls

Ohio Attorney General Mike DeWine today announced a settlement with a

Massachusetts-based business that allegedly solicited Ohioans for charitable

donations while misleading consumers into thinking the calls were coming

from a charity, versus a business.

Integral Resources Inc., a Cambridge, Massachusetts, professional solicitor,

has agreed to pay $105,000 and to comply with Ohio’s charitable laws when

contacting Ohioans for donations.

The settlement, an assurance of discontinuance filed on Friday, concludes a

2013 lawsuit filed by the Ohio Attorney General’s Office in the Franklin

County Court of Common Pleas.

http://www.ohioattorneygeneral.gov/Media/News-Releases/February-

2015/Attorney-General-DeWine-Reaches-$105-000-Settlemen

Page 25: Consumer Protection Report – February 2015

24

WASHINGTON

February12, 2015

Attorney General Bob Ferguson Files Lawsuit Against Venue Operators

Who Jilted Customers

The Attorney General’s Office Consumer Protection Division has filed a lawsuit against the operators of a Seattle venue who knowingly booked events,

including many weddings, they knew they could not actually hold at the venue.

In a complaint filed in King County Superior Court yesterday, Roland and Amanda Crane are accused of violating the Washington Consumer Protection

Act.

Their business, EM Fine Art, hosted weddings and events at a South Lake

Union location. In two mass emails in June 2014, the Cranes told their customers they would not provide use of the gallery for already scheduled

events and would not be refunding down payments.

The first email falsely claimed the gallery had been destroyed by an electrical

fire. That was the last their customers heard from the Cranes. More than 80

consumers whose events were not accommodated have lost more than $50,000 in unrefunded deposits and other payments.

http://www.atg.wa.gov/news/news-releases?page=1

WEST VIRGINIA

February 6, 2015

Attorney General Patrick Morrisey Announces $1.65 Million Settlement

With Blue World Pools Inc.

Attorney General Patrick Morrisey announced that the West Virginia Attorney

General’s Office recently entered into a nearly $1.65 million Assurance of

Discontinuance with Blue World Pools Inc. to resolve allegations that the

company’s business practices violated the West Virginia Consumer Credit and

Protection Act.

The Assurance stems from an investigation by the Office into whether Atlanta-

based Blue World was engaging in unfair or deceptive practices in connection

with the sale and financing of pools to West Virginia consumers between 2008

and 2012. The Office accused the company of using a national advertising

campaign offering $399 above-ground pools to attract potential customers,

Page 26: Consumer Protection Report – February 2015

25

then persuading those customers to buy Blue World’s Classic 52-inch wall

pool with an average sales price of more than $14,000.

http://www.ago.wv.gov/pressroom/2015/Pages/Attorney-General-Patrick-

Morrisey-Announces-$1.65-Million-Settlement-With-Blue-World-Pools-

Inc.aspx

Page 27: Consumer Protection Report – February 2015

26

MULTISTATE CASES AND SETTLEMENTS

February 19, 2015

FTC, California, Illinois, Iowa, Maryland, Minnesota, Nebraska, Ohio,

Virginia, Pennsylvania, Tennessee, and the District of Columbia

Challenges Proposed Merger of Sysco and US Foods

Agency Charges Merger Would Create a National Broadline Foodservice

Distributor With 75 Percent Market Share, And Harm Customers in Numerous

Local Markets

The Federal Trade Commission today filed an administrative complaint

charging that the proposed merger of Sysco and US Foods would violate the

antitrust laws by significantly reducing competition nationwide and in 32

local markets for broadline foodservice distribution services. The FTC alleges

that if the merger goes forward as proposed, foodservice customers, including

restaurants, hospitals, hotels, and schools, would likely face higher prices

and diminished service than would be the case but for the merger.

The FTC also authorized staff to seek in federal court a temporary restraining

order and a preliminary injunction to prevent the parties from consummating

the merger, and to maintain the status quo pending the administrative

proceeding.

https://www.ftc.gov/news-events/press-releases/2015/02/ftc-challenges-

proposed-merger-sysco-us-foods

Page 28: Consumer Protection Report – February 2015

27

MEDICAID FRAUD CASES AND SETTLEMENTS

ALABAMA

February 4, 2015

Attorney General Luther Strange Announces The Arrest of Ohio Man For

Filing Numerous False Claims For Payment To The Alabama Medicaid

Agency And Identity Theft

Attorney General Luther Strange announced the arrest of Darnell Davon

Nash, 30, of Cleveland, Ohio, on sixty-nine counts of filing false claims with

the Alabama Medicaid Agency and one count of trafficking in stolen identities.

The Attorney General’s Medicaid Fraud Control Unit presented evidence to the

August 2014 term of the Montgomery County grand jury, resulting in an

indictment* charging Nash for his role in the filing of numerous false claims

for payment to the Alabama Medicaid Agency and being in possession of

identifying information of approximately twenty-five Alabama Medicaid

recipients. Nash currently is in federal custody on an unrelated fraud

conviction and is being transported to Alabama by the U.S. Marshal Service. A

trial date is set for March 9, 2015.

http://www.ago.state.al.us/News-593

FLORIDA

February 26, 2015

Attorney General Pam Bondi Announces Three Individuals Arrested for More Than $2.4 million in Medicare and Medicaid Kickbacks

Attorney General Pam Bondi’s Medicaid Fraud Control Unit and the U.S. Department of Health and Human Services Office of Inspector General today

announced the arrest of two individuals in Miami and one individual in Colombia for more than $2.4 million in Medicare and Medicaid fraud. The defendants allegedly defrauded Medicaid and Medicare by paying and

receiving kickbacks in return for providing false and fraudulent home health prescriptions and plans of care to patient recruiters.

http://www.myfloridalegal.com/newsrel.nsf/newsreleases/5291FE287B00118A85257DF8005244BE

Page 29: Consumer Protection Report – February 2015

28

FLORIDA CONT’D

February 12, 2015

Attorney General Pam Bondi Announces Palm Beach County Health Care

Provider Arrested For Submitting False Claims Attorney General Pam Bondi’s Medicaid Fraud Control Unit and the Palm

Beach County Sheriff’s Office today arrested Lakeshia Lashawn Ramsay, 31, for more than $5,000 in Medicaid fraud. While employed as a direct care

contractor at Superior Family Services, located in Delray Beach, Ramsay allegedly submitted fraudulent time sheets and progress reports for respite care services that were never rendered, resulting in false Medicaid claims.

Based on a complaint by the owner of Superior Family Services, the investigation revealed that the defendant claimed 465 hours of respite care service when in reality she performed 13 hours of service.

According to the Agency for Health Care Administration, respite care services

are supportive case and supervision provided to a consumer when the primary caregiver is unable to perform these duties due to a planned brief absence, an emergency absence, or when the caregiver is available but

temporarily physically unable to care for or supervise the consumer for a brief period. http://www.myfloridalegal.com/newsrel.nsf/newsreleases/8F9DC1D4217CE

E2C85257DEA006311E2

MARYLAND

February 9, 2015

Attorney General Brian E. Frosh Announces Randallstown Man Convicted

of Felony Medicaid Fraud

Home health aide was not certified, but still provided care and billed Medicaid

Attorney General Brian E. Frosh announced today that Roy Onyeka 27, of

Randallstown, pleaded guilty on February 4 to Felony Medicaid Fraud.

Baltimore County Circuit Court Judge Kathleen Gallogly Cox sentenced

Onyeka to 18 months in jail, with all but 9 days suspended for time already

served. Judge Cox also placed Onyeka on probation for 3 years, ordered him

to pay restitution of $3,147.29 and civil damages of the same amount to the

Medicaid program. He must also perform 50 hours of community service.

http://www.oag.state.md.us/Press/2015/020915.html

Page 30: Consumer Protection Report – February 2015

29

MISSOURI

February 18, 2015

Attorney General Chris Koster Announces Medicaid Fraud Settlement

With St. Louis Personal Healthcare Provider For Submitting False Claims.

Attorney General Chris Koster announced today that his office has reached a

settlement with DEW D Services, LLC, of St. Louis, for submitting false claims

to Missouri’s Medicaid program. Under the settlement, the in-home healthcare

provider will pay more than $150,000 in restitution, penalties, and

investigation costs.

https://ago.mo.gov/home/news-archives/2015-news-archives/ag-koster-

announces-medicaid-fraud-settlement-with-st.-louis-personal-healthcare-

provider

NEVADA

February 10, 2015

Attorney General Laxalt Announces Sentencing of Medicaid Provider for Submitting False Medicaid Claims

Nevada Attorney General Adam Paul Laxalt announced that Victor Sutton, 41,

of Las Vegas, NV was sentenced today for a felony offense in a Medicaid fraud

case for submitting false Medicaid claims. His sentence also included a gross

misdemeanor offense of intentional failure to maintain adequate records.

http://ag.nv.gov/News/PR/2015/Attorney_General_Laxalt_Announces_Sente

ncing_of_Medicaid_Provider_for_Submitting_False_Medicaid_Claims/

NEW JERSEY

February 17, 2015

Acting Attorney General John J. Hoffman Announces Former Home

Health Aide Pleads Guilty to Charges He Stole More Than $64,000 from

Medicaid by Submitting Phony Claims

Acting Attorney General John J. Hoffman and the Office of the Insurance

Fraud Prosecutor (OIFP) announced that a former employee of a home health agency today pleaded guilty to charges that he caused bills to be submitted to the Medicaid program for services that were never provided.

Page 31: Consumer Protection Report – February 2015

30

Elhan Gurban, 52, of Fort Lee, pleaded guilty to one count of second-degree health care claims fraud before Bergen County Superior Court Judge Liliana

Deavila-Silebi. The state will recommend a prison sentence of four years and that he pay restitution in the amount of $64,125.

http://nj.gov/oag/newsreleases15/pr20150217b.html

NEW YORK

February 18, 2015

A.G. Schneiderman Announces $6 Million Settlement With Bronx For-

Profit Hospice Provider Following Joint Investigation With U.S. Attorney

Bharara

Medicaid And Medicare Fraud Investigation Revealed Compassionate Care

Hospice Of New York Submitted Reimbursement Claims For Services Not

Rendered Or Inadequately Provided

Attorney General Eric T. Schneiderman today announced that New York State

and the United States have entered into a $6 million settlement agreement

with a hospice agency regarding allegations that it submitted false and

fraudulent claims to the state Medicaid program and Medicare for hospice

services not rendered or inadequately provided by Compassionate Care

Hospice of New York, LLC (CCH-New York). The settlement, approved today in

U.S. District Court by Judge J. Paul Oetken, resolves a joint investigation

between Attorney General Schneiderman and U.S. Attorney Preet Bharara.

http://www.ag.ny.gov/press-release/ag-schneiderman-announces-6-million-

settlement-bronx-profit-hospice-provider-following

OKLAHOMA

February 11, 2015

Attorney General Scott Pruitt Charges Individuals For Billing Therapy

Sessions That Never Occurred

Oklahoma Attorney General Scott Pruitt filed charges against Orlando Glenn

Rayfield, of Arlington, Texas and Trevor Allan Gordon, Jr., of Grand Prairie,

Texas for the billing of therapy sessions that never occurred.

Page 32: Consumer Protection Report – February 2015

31

An investigation by the Attorney General’s Office Medicaid Fraud Control Unit

revealed both Rayfield and Gordon, Jr. generated false claims for payment for

rehab services purportedly provided to Medicaid recipients. Rayfield and

Gordon, Jr. worked as Behavioral Health Rehabilitation Specialists for

Pennington Creek Lifehouse, headquartered in Tishomingo.

Rayfield, 32, submitted electronic claims for payment to the Oklahoma Health

Care Authority, who paid more than $30,000 to Pennington Creek for

Rayfield’s work. Interviews with the parents of the Medicaid recipients and

billing records proved, despite Medicaid paying for 444 therapy sessions, no

such sessions took place. Rayfield billed for both bogus therapies for children

and sessions with client parents that never occurred.

http://www.ok.gov/triton/modules/newsroom/newsroom_article.php?id=258

&article_id=15437

PENNSYLVANIA

February 2, 2015

Attorney General Kathleen G. Kane Charges Home Health Care Agency

With Fraudulently Billing Medicaid For More Than $1 Million

Attorney General Kathleen G. Kane and the Office of Inspector General of the

U.S. Department of Health & Human Services today announced Medicaid

fraud and other charges against Philadelphia-based Infinite Care Inc., sister

company Infinite Care Special Needs Inc., and the companies' vice president

and treasurer.

The company is accused of fraudulently billing Medicaid for more than $1

million.

https://www.attorneygeneral.gov/Media_and_Resources/Press_Releases/Pres

s_Release/?pid=1442

Page 33: Consumer Protection Report – February 2015

32

VIRGINIA

February 18, 2015

Attorney General Mark Herring Announces Portsmouth Woman

Sentenced for Role in Health Care Fraud

Medicaid Overbilled Approximately $2.4 million

Doretha Selby-Diggs, age 41, of Portsmouth, was sentenced today to five years in prison, followed by a three-year term of supervised release for her role in a health care fraud conspiracy. Ms. Selby-Diggs was also ordered to pay

$286,650 in restitution to the Virginia Department of Medical Assistance Services.

http://oag.state.va.us/index.php/media-center/news-releases/445-

portsmouth-woman-sentenced-for-role-in-health-care-fraud

Page 34: Consumer Protection Report – February 2015

33

CONSUMER ADVOCACY

ALABAMA

February 27, 2015

Attorney General Luther Strange Announces Top Ten Consumer

Complaints Reported To His Office During 2014

In accordance with National Consumer Protection Week, Alabama Attorney

General Luther Strange announces the top ten consumer complaints as

reported to his office by Alabamians during 2014.

The Alabama Attorney General’s Office of Consumer Protection received more

than 4,300 consumer complaints during 2014 with the majority grouped into

the following ten categories:

1. Online Scams

2. Debt Collection

3. Loans/Mortgages

4. Auto (Used)

5. Home Repair

6. Retail Purchases

7. Mail Order/Magazines

8. Satellite/Cable/ISP Service Disputes

9. Auto Repair

10. Landlord/Tenant Disputes

http://www.ago.state.al.us/News-600

Page 35: Consumer Protection Report – February 2015

34

CALIFORNIA

February 24, 2015

Attorney General Kamala D. Harris and Assemblymember Jacqui Irwin

Announce Legislation to Improve Transparency and Accountability for

Commercial Charitable Fundraisers

Today, Attorney General Kamala D. Harris and Assemblymember Jacqui Irwin

(D-Thousand Oaks) unveiled legislation aimed at maintaining consumer

confidence in charitable giving. The bill would close a loophole in disclosure

requirements for paid commercial fundraising campaigns and include for-

profit fundraising firms and other third parties who engage in misconduct in

the Attorney General’s 10-year statute of limitations.

http://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-

and-assemblymember-jacqui-irwin-announce

COLORADO

February 5, 2015

Colorado Attorney General Cynthia Coffman Warn Consumers About

World Law Entities

The Colorado Supreme Court on Monday ordered a debt settlement company

using the name World Law to cease certain operations in the state.

Hundreds of Colorado consumers paid sizeable amounts to entities using the

trade names World Law Direct, World Law Debt, World Law Group and World

Law Processing. Consumers believed the entities would provide legal

representation while settling their debts at a discount. The entities advertised

through websites such as www.worldlawdebtassistance.com and

www.worldlawdirect.com.

http://www.coloradoattorneygeneral.gov/press/news/2015/02/05/office_att

orney_regulation_counsel_and_colorado_attorney_generals_office_warn_

Page 36: Consumer Protection Report – February 2015

35

CONNECTICUT

February 11, 2015

Consumer Alert: AG Jepsen, DCP Advise Consumers with RadioShack

Gift Cards to Redeem Unused Balances Immediately

Electronic retailer filed for bankruptcy; consumers should use gift cards,

return unwanted merchandise as soon as possible

Attorney General George Jepsen and state Department of Consumer

Protection Commissioner Jonathan A. Harris are advising Connecticut

residents who may be holding gift cards, certificates or store credits to the

electronic retail establishment RadioShack to use their gift cards as soon as

possible. The company recently filed bankruptcy and has announced plans to

close stores in Connecticut as early as February 17 and as late as March 31 of

this year.

http://www.ct.gov/ag/cwp/view.asp?A=2341&Q=560600

February 5, 2015

Attorney General George Jepsen, DCP Caution Anthem Customers in

Connecticut about Nationwide Data Breach

Attorney General George Jepsen and state Department of Consumer

Protection Commissioner Jonathan A. Harris are asking Anthem Inc. for more

information about a reported data breach that may have compromised

personal information of its customers across the state.

The Indiana-based health insurer has released information on the data

breach indicating that hackers had breached its computer system and the

personal information of tens of millions of current and former enrollees and

employees across the country was possibly at risk.

http://www.ct.gov/ag/cwp/view.asp?A=2341&Q=560424

Page 37: Consumer Protection Report – February 2015

36

FLORIDA

February 9, 2015

Attorney General Pam Bondi Warns Consumers of Imposter Scam

Attorney General Pam Bondi warns Floridians about an increasingly prevalent

scam involving individuals impersonating employees from the Florida Office of

the Attorney General and other legal authorities. In the past week, the OAG

received 20 complaints of OAG impersonation scammers attempting to obtain

money or personal and financial information from consumers. The scammers

remain anonymous by altering the caller identification, a process known as

spoofing, to display the OAG’s fraud hotline number or another legal

authority, such as 911.

http://www.myfloridalegal.com/newsrel.nsf/newsreleases/6DFC1AF1D6C20

54085257DE7006CDF0A

ILLINOIS

February 6, 2015

Attorney General Lisa Madigan Alerts Consumers To Phishing Scams In

Wake Of Anthem Data Breach

Attorney General Lisa Madigan today warned consumers who may be affected

by the massive data breach reported by the health insurance company

Anthem Inc. to be on the lookout for unsolicited phone calls and emails and

begin taking steps to protect themselves against identity theft immediately.

Anthem has reported that phishing email scams targeting its customers have

surfaced in the wake of its disclosure that personal information of customers

and employees were breached by hackers. As many as 80 million records were

potentially compromised in the breach that contain names, Social Security

numbers, birthdates, addresses, email address and employment data.

http://www.illinoisattorneygeneral.gov/pressroom/2015_02/20150206.html

Page 38: Consumer Protection Report – February 2015

37

INDIANA

February 27, 2015

Attorney General Greg Zoeller Issues Consumer Alert: Sweepstakes

Scammers Impersonating Indiana Attorney General’s Office

Criminals responsible for an international sweepstakes scam are now

impersonating the Indiana Attorney General’s Office in attempt to convince

victims that their scam is legitimate. The scammers are using a forged seal of

the Attorney General’s Office for its letterhead, and have forged the Attorney

General’s signature.

http://www.in.gov/activecalendar/EventList.aspx?fromdate=2/1/2015&todat

e=3/31/2015&display=Month&type=public&eventidn=210618&view=EventDe

tails&information_id=211613

MASSACHUSETTS

February 25, 2015

Attorney General Maura Healey Urges Massachusetts Consumers

Potentially Affected by Anthem Data Breach to Take Action to Protect

Their Credit, Identity

Anthem Reports Nearly One Million People with Massachusetts Ties Potentially

Affected; AG Announced Investigation of Breach Earlier this Month

After health insurer Anthem, Inc. announced that the recent data breach at

Anthem could potentially affect the personal information, including Social

Security numbers, of nearly one million people with Massachusetts ties,

Attorney General Maura Healey is offering advice on how consumers can

protect their personal information against identity theft. Earlier this month,

AG Healey announced that her office is investigating the matter.

http://www.mass.gov/ago/news-and-updates/press-releases/2015/2015-

02-25-anthem-data-breach.html

Page 39: Consumer Protection Report – February 2015

38

MISSOURI

February 4, 2015

Attorney General Chris Koster Announces Top 10 Consumer Complaints

From 2014

Attorney General Koster's Consumer Protection Division processed more than

125,000 consumer complaints in 2014. The Division recovered or courts

ordered more than $57 million for consumers in the form of refunds,

restitution, and penalties from 102 filed lawsuits and more than 23,000

individual mediations.

Below are the top 10 complaints filed with the Attorney General's Office in

2014 (including the number of complaints received):

1. No Call & Illegal Telemarketing Complaints (52,514)

2. Debt Collectors (1,217)

3. Mail And Phone Solicitations (1,208)

4. Financial Fraud (1,148)

5. Home Repair And Remodeling (687)

6. Credit And Debit Card (686)

7. Telephone Cramming And Billing (674)

8. Cable/Satellite Services (598)

9. Mortgage/Foreclosure/Loan Modifications (561)

10. Energy And Utility Complaints (552)

https://ago.mo.gov/home/news-archives/2015-news-archives/ag-koster-

announces-top-10-consumer-complaints-from-2014

Page 40: Consumer Protection Report – February 2015

39

NEVADA

February 13, 2015

Attorney General Laxalt Warns Victims of Anthem Inc. Data Breach of

Phishing E-Mail Scam

Nevada Attorney General Adam Paul Laxalt warns Nevadans who may have been impacted by the recent Anthem Inc. data breach of a potential phishing e-mail scam targeting current and former members. Anthem Inc.

representatives are not currently calling or e-mailing present or former members about the data breach, and do not ask for credit card information or social security numbers by phone or e-mail. The phishing e-mail messages

are designed to obtain the recipient’s personal information, and appear to be sent from Anthem Inc. The body of the e-mail contains a link that purports to

offer free credit monitoring services, however, the e-mail has no affiliation with Anthem Inc. http://ag.nv.gov/News/PR/2015/Attorney_General_Laxalt_Warns_Victims_of

_Anthem_Inc__Data_Breach_of_Phishing_E-Mail_Scam/

NEW HAMPSHIRE

February 18, 2015

Attorney General Joseph A. Foster Encourages All Anthem Members to

Sign Up for Credit Protection Services and Provides Advice to Minimize

Identity Theft Risks

Attorney General Joseph A. Foster announces that his office has been

regularly in contact with officials at Anthem related to the recent data breach

and is coordinating with Attorneys General of other states as the investigation

into this breach by federal and state law enforcement officials continues.

http://doj.nh.gov/media-center/press-releases/2015/20150218-anthem-

breach.htm

Page 41: Consumer Protection Report – February 2015

40

NEW YORK

February 20, 2015

A.G. Schneiderman Announces Commitment By Santander Bank To

Eliminate Barriers That Unfairly Exclude Low-Income Americans From

Mainstream Financial Services

Santander Is Third National Bank To Agree To Expand Access For Previously

Excluded Consumers

Attorney General Eric T. Schneiderman today announced that Santander

Bank, N.A. has agreed to adopt new policies governing its use of

ChexSystems, a consumer-reporting agency that screens people seeking to

open checking or savings accounts. Santander’s new policies are expected to

allow thousands of additional New Yorkers and consumers nationwide to open

bank accounts by September 30, 2015. The change comes amid concerns that

screenings by ChexSystems and other consumer-reporting agencies, which

are used by most of the nation’s banks, adversely affect lower-income

applicants and force them to turn to high-cost alternative financial services

like check-cashing outlets.

http://www.ag.ny.gov/press-release/ag-schneiderman-announces-

commitment-santander-bank-eliminate-barriers-unfairly

February 13, 2015

A.G. Schneiderman Introduces Payroll Card Act To Create Clear Rules

And Protect Workers From Unfair Fees And Coercion

Attorney General Eric T. Schneiderman today introduced legislation

regulating the use of payroll cards to increase protections for workers, clarify

ambiguities in the law, and ensure that payroll cards offer a convenient and

beneficial method for workers to access their pay. The Attorney General’s

Payroll Card Act, which was sent to the Legislature yesterday, requires clear

disclosure of payroll card fees, and restricts certain fees. The legislation was

first proposed last year, following recommendations made in a report released

by the Attorney General’s Labor Bureau.

http://www.ag.ny.gov/press-release/ag-schneiderman-introduces-payroll-

card-act-create-clear-rules-and-protect-workers

Page 42: Consumer Protection Report – February 2015

41

NEW YORK CONT’D

February 11, 2015

A.G. Schneiderman Warns Consumers That A Scammer Is Posing As

Official From Attorney General's Buffalo Regional Office

Scammer Even Provides Address Of Buffalo Office In Fraudulent Appeal

Attorney General Eric T. Schneiderman today announced that his office has

been alerted to a scam involving individuals posing as representatives of his

Buffalo regional office. At least six consumers contacted the Attorney

General’s Office yesterday to report the fraudulent calls, a spike that suggests

the calls may be active and widespread. The scammer is threatening

consumers with a lawsuit and possible arrest over supposed debts the office

is trying to collect, and even provides the real address of the Attorney

General’s Buffalo Office in the phone appeal. This scam mirrors a similar one

the Attorney General’s Office was alerted to in Syracuse two weeks ago.

http://www.ag.ny.gov/press-release/ag-schneiderman-warns-consumers-

scammer-posing-official-attorney-generals-buffalo

February 4, 2015

A.G. Schneiderman Warns Consumers of Fraudulent NYS Attorney

General’s Office Debt Collection Notices

Scammers Have Posed As A Debt Collection Attorney, Impersonating The NYS

Attorney General’s Office

One Week After Phone Scammer Impersonated NYS Attorney General's Office,

Scammers Using Same Tactic In Bogus Debt Collection Letters

Attorney General Eric T. Schneiderman today issued a consumer alert based

on complaints received by his office from consumers who were recently

contacted by scam artists posing as an attorney from the New York State

Attorney General’s Office. The consumers received a notice, written on

doctored New York State Attorney General letterhead, that claimed to be a

“District Court Final Warning” letter. The notice uses confusing legalese to

give the impression that the Attorney General is investigating the consumer

for the failure to pay a past due debt. These false claims may include

Page 43: Consumer Protection Report – February 2015

42

“Collateral Check Fraud,” “Theft by Deception,” and “Violation of Banking

Regulations.” The letters also threaten criminal action and arrest if the debts

are not paid. This alert comes just one week after consumers reported

receiving unsolicited phone calls from a scammer posing as an attorney from

the New York State Attorney General's Office.

http://www.ag.ny.gov/press-release/ag-schneiderman-warns-consumers-

fraudulent-nys-attorney-general%E2%80%99s-office-debt

OHIO

February 5, 2015

Attorney General DeWine Offers Consumer Tips Following Anthem Data

Breach

Following the announcement of a data breach affecting up to 80 million

current and former customers of Anthem, a large health insurance company,

Ohio Attorney General Mike DeWine is encouraging consumers to take steps

to protect their personal information and watch for signs of identity theft.

http://www.ohioattorneygeneral.gov/Media/News-Releases/February-

2015/Attorney-General-DeWine-Offers-Consumer-Tips-Follo

SOUTH DAKOTA

February 2, 2015

Attorney General Jackley Warns of Influx in Yellow Page Directory Scams

Attorney General Marty Jackley confirms that the Consumer Protection Division has received complaints from several small businesses and schools

across South Dakota who have received solicitations that appear to be invoices from the local Yellow Page Directory. The invoices typically contain the “walking fingers” logo and the name “Yellow Pages”, but these are likely

not the directory that most have grown accustom.

The solicitations are very deceptive. They often include an account representative’s name that tricks the consumer into thinking there is an

established relationship. The words “THIS IS NOT A BILL” may appear on the

Page 44: Consumer Protection Report – February 2015

43

invoice, but returning it may commit the consumer to a future bill. Read the invoice carefully, including the terms and conditions.

http://atg.sd.gov/News/NewsReleases/NewsReleasesView/tabid/441/itemID

/3527/moduleID/597/Default.aspx

WEST VIRGINIA

February 19, 2015

Attorney General Patrick Morrisey Warns Consumers to Be Wary of

Weight Loss Scams

Attorney General Patrick Morrisey today warned citizens to use caution when

considering products that promise to help them lose weight.

Every winter, people set goals to get in shape and lose weight in order to get

healthier or get ready for spring and summer vacations. However, those goals may be met with a bombardment of new products claiming to produce desired results without much effort. While it can be tempting to consider easy ways to

drop the pounds, consumers should be aware that some marketers may just be attempting to prey on them.

http://www.ago.wv.gov/pressroom/2015/Pages/Attorney-General-Patrick-

Morrisey-Warns-Consumers-to-be-Wary-of-Weight-Loss-Scams.aspx

February 18, 2015

Attorney General Patrick Morrisey Cautions Internet Users of Technical

Support Phone Scams

Attorney General Patrick Morrisey warned consumers of a phone scam

circulating in the state in which a caller pretends to represent an Internet service provider and offers technical support to address problems with the

consumer’s service.

Our Office has received multiple inquiries and calls from consumers regarding telephone calls they have received from people purporting to be affiliated with local Internet providers. The caller tells the consumer that they have received

reports about unauthorized users on the subscriber's network and asks questions regarding the speed of the subscriber's Internet. The caller then

Page 45: Consumer Protection Report – February 2015

44

proceeds to request remote access of the subscriber's computer. In certain scenarios, the scammers request a $400 payment for their services.

Most recently, incoming calls have been reported from area codes used by

foreign countries, such as Cambodia (855), as well as from other states, such as Michigan (area code 989), Delaware (area code 302), and Washington (area code 360). Callers also may use numbers that show up as toll-free numbers.

http://www.ago.wv.gov/pressroom/2015/Pages/Attorney-General-Patrick-

Morrisey-Cautions-Internet-Users-of-Technical-Support-Phone-Scams.aspx