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NATIONAL STATE ATTORNEYS GENERAL PROGRAM: CONSUMER PROTECTION REPORT APRIL 2015

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Page 1: Consumer Protection Report -  April 2015

NATIONAL STATE ATTORNEYS GENERAL PROGRAM: CONSUMER PROTECTION REPORT

APRIL 2015

Page 2: Consumer Protection Report -  April 2015

1

CONSUMER PROTECTION REPORT: April 1-30, 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 -  April 2015

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TABLE OF CONTENTS

CONSUMER PROTECTION CASES, SETTLEMENTS AND ADVOCACY

STATEMENTS ......................................................................................... 5

ARIZONA ........................................................................................................................ 5

COLORADO .................................................................................................................... 5

DISTRICT OF COLUMBIA ............................................................................................... 7

HAWAII .......................................................................................................................... 8

IDAHO ........................................................................................................................... 8

ILLINOIS ........................................................................................................................ 9

IOWA ........................................................................................................................... 10

MARYLAND .................................................................................................................. 12

MASSACHUSETTS ........................................................................................................ 13

MISSISSIPPI ................................................................................................................. 15

MISSOURI .................................................................................................................... 15

NEVADA ....................................................................................................................... 19

NEW HAMPSHIRE ........................................................................................................ 19

NEW JERSEY ............................................................................................................... 22

NEW YORK ................................................................................................................... 23

NORTH CAROLINA ....................................................................................................... 29

OHIO ............................................................................................................................ 29

TENNESSEE ................................................................................................................. 32

TEXAS ......................................................................................................................... 32

WASHINGTON .............................................................................................................. 33

WEST VIRGINIA ........................................................................................................... 34

Page 4: Consumer Protection Report -  April 2015

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MEDICAID FRAUD CASES AND SETTLEMENTS ..................................... 35

ALABAMA..................................................................................................................... 35

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

GEORGIA ..................................................................................................................... 36

LOUISIANA ................................................................................................................... 37

MASSACHUSETTS ........................................................................................................ 38

MISSOURI .................................................................................................................... 40

NEW HAMPSHIRE ........................................................................................................ 41

NEW YORK ................................................................................................................... 41

OKLAHOMA ................................................................................................................. 42

PENNSYLVANIA ............................................................................................................ 43

RHODE ISLAND ............................................................................................................ 43

TEXAS ......................................................................................................................... 44

VERMONT .................................................................................................................... 44

CONSUMER ADVOCACY ........................................................................ 45

CALIFORNIA ................................................................................................................ 45

DELAWARE .................................................................................................................. 45

DISTRICT OF COLUMBIA ............................................................................................. 45

ILLINOIS ...................................................................................................................... 46

INDIANA ....................................................................................................................... 47

LOUISIANA ................................................................................................................... 48

MARYLAND .................................................................................................................. 49

MASSACHUSETTS ........................................................................................................ 50

NEW JERSEY ............................................................................................................... 51

NEW YORK ................................................................................................................... 51

Page 5: Consumer Protection Report -  April 2015

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OHIO ............................................................................................................................ 53

PENNSYLVANIA ............................................................................................................ 54

RHODE ISLAND ............................................................................................................ 54

SOUTH DAKOTA .......................................................................................................... 55

WASHINGTON .............................................................................................................. 56

WEST VIRGINIA ........................................................................................................... 57

Page 6: Consumer Protection Report -  April 2015

5

CONSUMER PROTECTION CASES, SETTLEMENTS AND

ADVOCACY STATEMENTS

ARIZONA

April 22, 2015

Attorney General Mark Brnovich Stops Fraudulent Appliance Sales

Attorney General Mark Brnovich announced a settlement today in a fraud

lawsuit against My Sister's Appliance LLC (MSA), Payless Appliance (Payless)

and managers Pedram and Pooneh Azizi. The defendants sell used household

appliances in Phoenix and Mesa, Arizona. On April 14, 2015, the court

approved a stipulated consent judgment that restricts the companies and

managers from violating the Arizona Consumer Fraud Act (ACFA).

The state’s complaint alleged that the managers violated the ACFA by issuing

deceptive advertisements; failing to disclose defects; delivering different and

inferior appliances than those ordered; delivering defective appliances;

refusing to allow returns and exchanges of defective appliances; and selling

appliances that were improperly repaired.

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

fraudulent-appliance-sales

COLORADO

April 29, 2015

Attorney General Coffman Announces Record $1 Million Penalty Against

Colorado Springs Retailer For Selling Spice

Colorado Attorney General Cynthia H. Coffman announced today that the

State has secured a record $1 million civil penalty against Popo Wee Mart,

LLC, a former Colorado Springs convenience store, and its owner, Jin Ju Kim,

for selling illegal synthetic cannabinoids, commonly known as Spice, at the

store. The Attorney General's Consumer Protection Section sued Popo Wee

Market and Jin Ju Kim in May 2014 for continuing to sell Spice products at

Page 7: Consumer Protection Report -  April 2015

6

COLORADO CONT’D

the store despite an earlier seizure of all its illegal products by law

enforcement agents.

http://www.coloradoattorneygeneral.gov/press/news/2015/04/29/colorado_

attorney_general_coffman_announces_record_1_million_penalty_against_c

April 27, 2015

Attorney General Coffman Provides Over $7.7 Million In Restitution To

Homeowners Overcharged By Foreclosure Law Firm Aronowitz &

Mecklenburg, LLP

Colorado Attorney General Cynthia H. Coffman announced today that her

office has sent out more than 20,000 checks to homeowners who were

improperly charged false and inflated foreclosure costs by foreclosure law firm

Aronowitz & Mecklenburg, LLP. Attorney General Coffman contracted with a

third-party Administrator to send out the payments totaling over $7.7

million. Homeowners eligible for these payments cured, reinstated, or entered

a loan modification to stop a foreclosure initiated through Aronowitz &

Mecklenburg.

http://www.coloradoattorneygeneral.gov/press/news/2015/04/27/colorado_

attorney_general_coffman_provides_over_77_million_restitution_homeown

April 08, 2015

Attorney General Coffman Sues Air- Duct Cleaning Company

For the fourth time in two years, the Colorado Attorney General’s Office has

successfully sued an air-duct cleaning company for false advertising. A

consent judgment was obtained against 212 Home Inc., (d/b/a Denver Air

Duct), and company owner, Eliran Raviv. While consumers were enticed with

bargain $39 cleaning offers, they were ultimately charged much higher

amounts. The company misrepresented the qualifications of its staff and

misled homeowners into believing that their systems contained mold. Under

the consent judgment, Raviv and 212 Home Inc., are permanently barred from

the air duct cleaning business in Colorado and must pay $15,000 in

penalties.

Page 8: Consumer Protection Report -  April 2015

7

http://www.coloradoattorneygeneral.gov/press/news/2015/04/08/colorado_

attorney_general_warns_consumers_be_wary_air_duct_cleaning_offers

DISTRICT OF COLUMBIA

April 8, 2015

Attorney General Karl A. Racine Launches Effort to Combat Synthetic Drugs with Lawsuit against Store

OAG Files Case against Store on Georgia Avenue; Attorney General Racine Educates Residents

Attorney General Karl A. Racine today announced that the Office of the Attorney General (OAG) launched a concerted initiative to end the sales of

dangerous synthetic drugs in the District and filed an action against a Petworth convenience store for sales of synthetic cannabinoids.

http://oag.dc.gov/release/attorney-general-launches-effort-combat-synthetic-drugs-lawsuit-against-store

GEORGIA

April 9, 2015

Attorney General Sam Olens Announces Owner of Travel Agency Who

Scammed Customers Sent to Jail, Ordered to Pay $360K Fine

Oscar Lee Benton, the owner of Benton Travel Group, has been sentenced by

DeKalb Superior Court Judge Courtney Johnson to up to 10 days in jail and a

$360,000 fine after the Attorney General's office took him to court for

scamming customers and failing to refund the money he had been ordered to

pay back to customers. In addition, Judge Johnson established a payment

schedule for Benton to pay the remainder of the consumer restitution he is

responsible for in the amount of $4,335.

http://law.ga.gov/press-releases/2015-04-13/owner-travel-agency-who-

scammed-customers-sent-jail-ordered-pay-360k-fine

Page 9: Consumer Protection Report -  April 2015

8

HAWAII

April 27, 2015

Attorney General Doug Chin Announces State Receives $12 Million In

Settlement With Credit Card Companies

The state attorney general’s office today transferred $12.5 million into the

state’s general fund after successfully resolving lawsuits with several national

credit card providers for engaging in alleged unfair and deceptive business

practices involving Hawaii consumers.

In 2012 the state sued credit card providers Chase, Citi, Bank of America,

Discover, HSBC, Capital One, and Barclays to stop illegal practices involved in

the marketing of credit card.

http://ag.hawaii.gov/wp-content/uploads/2015/01/News-Release-2015-

13.pdf

IDAHO

April 29, 2015

Attorney General Lawrence Wasden Announces Judge Orders Jail Against

White Hat Group Owner For Violating Settlement With Attorney General

A judge has ordered a Boise man accused of providing unlawful legal services

to spend 21 days in jail for violating a settlement agreement with Idaho

Attorney General Lawrence Wasden.

Fourth District Judge Jason D. Scott on Wednesday found Mark Wicklund,

61, in contempt on seven counts, including providing legal services to at least

two clients when he was prohibited from doing so by a consent judgment

reached with Wasden in 2013.

http://www.ag.idaho.gov/media/newsReleases/2015/nr_04292015.html

Page 10: Consumer Protection Report -  April 2015

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IDAHO CONT’D

April 4, 2015

Attorney General Lawrence Wasden’s Report on Idaho Aquarium Finds

Questionable Use of Charitable Funds, Poor Record Keeping

Attorney General Lawrence Wasden has concluded his investigation into Idaho Aquarium Inc. and issued a report showing a pattern of bad judgment

and questionable use of charitable resources by former executives and board of directors.

Wasden released the findings today of his investigation, which revealed problems ranging from poor and incomplete record keeping to deceptive

solicitations for charitable donations to excessive compensation paid to former executives.

http://www.ag.idaho.gov/media/newsReleases/2015/nr_04022015.html

ILLINOIS

April 13, 2015

Attorney General Lisa Madigan Charges Former Charity Head For

Stealing Funds Donated To Help Homeowners Avoid Foreclosure

Attorney General Lisa Madigan today announced charges against the former

executive director of a Chicago-based charity for stealing funds of a charitable

organization that was created to help low-income families avoid foreclosure.

Rudolph Harper, 63, of Chicago, was charged in Cook County Criminal Court

with one count of theft over $100,000 and one count of personal use of

charitable trust funds. Madigan alleges that as executive director of

Organization of New City, Harper used thousands of dollars of the charity’s

donations for personal gain. Organization of New City was created to help low-

income homeowners stay current on their mortgages to help avoid foreclosure.

http://www.illinoisattorneygeneral.gov/pressroom/2015_04/20150413b.html

Page 11: Consumer Protection Report -  April 2015

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ILLINOIS CONT’D

April 10, 2015

FTC, Illinois Attorney General Halt Chicago Area Operation Charged With

Illegally Pressuring Consumers to Pay ‘Phantom’ Debts

The Federal Trade Commission and the Illinois Attorney General’s Office have obtained a court order temporarily halting a fake debt collection scam located

in Aurora, Illinois, a western suburb of Chicago. The defendants are charged with illegally using threats and intimidation tactics to coerce consumers to

pay payday loan debts they either did not owe, or did not owe to the defendants.

The FTC’s case against K.I.P., LLC, Charles Dickey, and Chantelle Dickey is the agency’s seventh ‘phantom’ debt collector matter.

http://www.illinoisattorneygeneral.gov/pressroom/2015_04/PLRG_Release_4

1015.pdf

IOWA

April 24, 2015

Attorney General Tom Miller Announces College Admissions Assistance

Company Required to Change its Marketing, Make Refunds, and Pay

$25,000

Texas-based company agrees to reforms following complaint that it misled Iowa

couple from Haiti into $2,000 contract

College Admission Assistance LLC, a Delaware company headquartered in

Arlington, Texas, has agreed to change how it markets its services to Iowa

households with college-bound students following a complaint that the

company misled and took advantage of an Iowa couple.

A Des Moines-area accountant filed a complaint with the Consumer

Protection Division on behalf of two clients, a couple born in Haiti and now

living in Iowa. The complaint detailed how College Admission Assistance drew

the couple into a contract requiring payment of nearly $2,000 for private

counseling and other services intended to prepare their teenage son for

college, help select a school, and arrange financial aid.

Page 12: Consumer Protection Report -  April 2015

11

IOWA CONT’D

According to the complaint, the couple had received an official-looking letter

from the “Director of Student Services” at College Admission Assistance

directing them to attend an upcoming meeting about their son’s college

prospects at a local venue. The mother attended with the student, and once

there a company representative allegedly pressured her to sign a contract for

college-admission-related services that the couple later determined they did

not need and could not afford.

https://www.iowaattorneygeneral.gov/newsroom/college-admissions-

assistance-company-required-to-change-its-marketing-make-refunds-and-

pay-2500/

April 13, 2015

Attorney General Tom Miller Announces UK-Based Psychic Scheme Pays

$7,000 for Refunds to Iowa Victims

More than 300 primarily elderly Iowans fell prey to personalized mailings from

supposed psychic “Mary Theresa” or "Lady of Hearts"

A United Kingdom company has paid $7,000 to the attorney general’s

consumer protection division for refunds to mostly elderly Iowans who

responded to personalized psychic solicitations.

The refunds will go to approximately 325 Iowa consumers who sent money at

the request of “Mary Theresa,” also known as the “Lady of Hearts,” in

response to mailings promising wealth and miracles.

Polk County District Court Judge Eliza Ovrom, through a consent judgment,

approved the payment by Nature Plus Limited, of Stratford upon Avon, and its

principal, Alida Maggiori, to resolve a consumer fraud lawsuit filed by

Attorney General Tom Miller.

The court order also requires the defendants to cease all mail solicitations

directed to Iowans and ensure that no one else uses the Iowa mailing list.

https://www.iowaattorneygeneral.gov/newsroom/uk-based-psychic-scheme-

pays-7000-for-refunds-to-iowa-victims/

Page 13: Consumer Protection Report -  April 2015

12

IOWA CONT’D

April 3, 2015

Attorney General Tom Miller Announces Florida Buying Club Company

Agrees to Refunds and Stop Marketing to Iowa Consumers

Miller alleges company illegally enrolled Iowans in multiple buying clubs when

they responded to a postcard offering a $100 gift card

A Florida buying club operation will pay the state nearly $45,000 for refunds

to more than 2,600 Iowa consumers it charged for memberships for which

they did not intentionally enroll, through an agreement with Attorney General

Tom Miller.

The agreement, called an Assurance of Voluntary Compliance, requires Global

Travel International Inc., of Maitland, to pay for refunds to Iowans charged for

“Valu-Pass”, “Journey Pass”, and “Go Shop and Save” memberships. The

memberships claim to provide savings on retail or travel-related purchases.

According to Miller, Global Travel has unlawfully enrolled Iowans in its

membership programs since 2008.

https://www.iowaattorneygeneral.gov/newsroom/florida-buying-club-

company-agrees-to-refunds-and-stop-marketing-to-iowa-consumers/

MARYLAND

April 29, 2015

Attorney General Frosh and CFPB File Charges Against Title Company

and Individuals Involved in Kickback Scheme with Loan Officers

Owings Mills business and its employees illegally swapped payments for

referrals

Attorney General Brian E. Frosh announced today that his Consumer

Protection Division and the Consumer Financial Protection Bureau (CFPB)

took action against a defunct Owings Mills title company -- Genuine Title, LLC

-- its principals, and several mortgage loan officers who referred clients to

Genuine Title, for engaging in a mortgage kickback scheme.

Genuine Title, its owner Jay Zukerberg and its Marketing Director Brandon

Glickstein, as well as three loan officers, agreed to settle the allegations and

Page 14: Consumer Protection Report -  April 2015

13

pay restitution or penalties. This follows enforcement actions taken in

January against Wells Fargo and JP Morgan Chase for employing loan officers

who accepted kickbacks from Genuine Title.

http://www.oag.state.md.us/Press/2015/042915.html

April 1, 2015

Attorney General Brain Frosh Secures Settlement with Plumbing

Company

Washington Co. business advertised $99 to unclog drains, but didn't tell

consumers they also had to pay pricey service plan, dispatch fee

The Maryland Office of the Attorney General's Consumer Protection Division

today announced a settlement agreement with Washington County-based

plumbing, heating and air-conditioning service provider Larry and Sons, Inc.,

which also does business as "Mr. Drain Cleaner," and its owners, Eric and

Michael Corbett (collectively referred to as "Larry and Sons"). The settlement

resolves allegations that Larry and Sons advertised that it would unclog any

drain for $99, but when consumers hired the company, they were charged

more -- sometimes hundreds of dollars more -- to obtain the service.

http://www.oag.state.md.us/Press/2015/040115.html

MASSACHUSETTS

April 22, 2015

Attorney General Healey Sues Treatment Center for Illegally Profiting off

of Patients Seeking Treatment for Opiate Addiction

Center for Psychiatric Medicine Unlawfully Charged Patients for Suboxone

Treatment Covered Under MassHealth

A North Andover treatment center has been sued for unlawfully profiting off of

patients seeking treatment for opiate addiction, charging hundreds of dollars

Page 15: Consumer Protection Report -  April 2015

14

per visit and allowing them to avoid counseling services, Attorney General

Maura Healey announced today.

The civil complaint, filed today in Essex Superior Court against the Center for

Psychiatric Medicine (CPM), alleges that since October 2010, the business

increased its profit by charging hundreds of its patients cash fees to receive

Suboxone treatment, a medication covered by MassHealth that is used to

treat narcotic opiate addiction under a physician’s supervision. Patients were

also allegedly told by CPM that they could avoid required weekly therapy

sessions and monthly physician visits by paying cash instead.

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

04-22-center-for-psychiatric-medicine-complaint.html

April 16, 2015

Attorney General Healey Announces Insurance Agency Ordered to Pay

More Than $3.5 Million for Inflating Premiums with Undisclosed “Agency

Fees”

Scheme Orchestrated by Former Agent of Kilgore Insurance Agency

Overcharged Small Business Owners; Defendants Ordered to Pay Customer

Restitution

A former retail insurance agent with Peabody-based Kilgore Insurance Agency,

along with the agency’s owners, have been ordered to pay more than $3.5

million in restitution and interest for overcharging clients, mostly small

business owners, by padding insurance premiums with hidden “agency fees.”

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

04-16-kilgore-insurance-judgment.html

Page 16: Consumer Protection Report -  April 2015

15

MISSISSIPPI

April 21, 2015

Attorney General Jim Hood Files Suit Against State Farm for Alleged

Katrina Scheme involving “Homeowner Assistance Program”

Attorney General Jim Hood filed suit today against State Farm Fire and

Casualty Company in the Circuit Court of Hinds County. The lawsuit seeks to

recover damages for losses that the State of Mississippi suffered as a result of

an alleged scheme by State Farm to mischaracterize wind damage as flood

damage when adjusting the homeowner insurance claims of thousands of

Mississippians in the wake of Hurricane Katrina.

Mississippi established the Homeowner Assistance Program (“HAP”) after

Katrina to provide financial assistance to Mississippi homeowners whose

insurance did not fully cover the massive damage caused by the storm.

Attorney General Hood alleges in the lawsuit that State Farm systematically

mischaracterized Katrina wind damage (which its policies covered) as flood

damage (which its policies did not cover), improperly minimizing its own

financial burden and forcing that burden instead on to HAP. In doing so,

State Farm caused Mississippi to pay hundreds of millions of dollars that the

State otherwise could have allotted to other recovery efforts. Because

homeowners who received funds from HAP subrogated their equivalent

insurance claims to Mississippi, any funds recovered as a result of the lawsuit

will be returned to the State.

http://www.ago.state.ms.us/releases/attorney-general-jim-hood-files-suit-

against-state-farm-for-alleged-katrina-scheme-involving-homeowner-

assistance-program/

MISSOURI

Apr 24, 2015

Attorney General Chris Koster Obtains Restitution For Consumer

Victims Of Odometer Fraud

Attorney General Chris Koster today announced that Ashley Bolton was

ordered by the Greene County Circuit Court to pay $94,416.29 to 45

consumer victims of an odometer scam. An investigation by the Attorney

General's Office, the Missouri Department of Revenue and the Office of

Page 17: Consumer Protection Report -  April 2015

16

MISSOURI CONT’D

Odometer Fraud in the National Highway Transportation Safety

Administration found Bolton misrepresented the actual mileage of vehicles

offered for sale by his Excel Auto Group in 2011 and 2012.

https://ago.mo.gov/home/ag-koster-obtains-restitution-for-consumer-

victims-of-odometer-fraud

April 21, 2015

Attorney General Chris Koster reaches settlement for consumers who

purchased vehicles but never received title

Attorney General Chris Koster announced today that he has obtained a

settlement with Suntrup Ford – Westport and Suntrup Ford - Kirkwood to

provide titles for approximately 50 vehicles sold to consumers by Mylenbusch

Auto Sales of St. Charles. Under the settlement, Mylenbusch customers who

purchased cars consigned by the two Suntrup dealers prior to Mylenbusch’s

closure will receive title to their vehicle, a refund of any duplicate payments,

and may also be eligible for compensation for their costs incurred during the

time in which they were without valid title.

On March 26, Koster sued Suntrup Ford – Westport and Suntrup Ford –

Kirkwood and their owner Thomas Suntrup, along with Mylenbusch Auto

Sales of St. Charles, and its owner Erik Mylenbusch, in St. Charles County

Circuit Court for failing to deliver motor vehicle titles to consumers

throughout the St. Louis metropolitan area.

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

reaches-settlement-for-consumers-who-purchased-vehicles-but-never-

received-title

Page 18: Consumer Protection Report -  April 2015

17

MISSOURI CONT’D

April 14, 2015

Attorney General Chris Koster Cracks Down On Two Kansas City-Area

Scam Contractors

Attorney General Chris Koster announced today the filing of civil lawsuits in

Jackson County Circuit Court against William Lahn and Tim Garbleman, two

contractors in the Kansas City area, alleging both took upfront payments for

construction and concrete jobs without completing the work as promised.

According to Koster’s lawsuit, William Lahn of Eskridge, Kansas, doing

business as William Lahn Concrete and Foundation Repair, accepted more

than $12,000 in upfront payments from six Missouri consumers for concrete

and foundation repair work that was never completed. In one case, Lahn

accepted a 50 percent upfront payment, promising to return in one week to

perform the job. When Lahn failed to show for the job, the consumer called

Lahn, who rescheduled for ten days later. When Lahn again failed to show on

the rescheduled date, the consumer’s telephone calls went unreturned.

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

cracks-down-on-two-kansas-city-area-scam-contractors

April 8, 2015

Attorney General Koster Sues St. Louis-Area Scam Contractor Attorney General Chris Koster announced today that his office sued A+

Builders Solutions, LLC of St. Charles, and owner Jeremy Devinney, alleging that the company violated Missouri law by accepting up-front payments for

home construction jobs and then failing to perform the promised work. The St. Charles County Circuit Court has ordered A+ Builders and its owner to temporarily cease soliciting, advertising, performing, or accepting payment for

home repair or remodeling in the state of Missouri.

According to Koster’s lawsuit, A+ Builders accepted at least $74,513 in upfront payments from at least eight Missouri consumers for home repair or

remodeling work that the company never completed. In some cases, A+ Builders subcontracted work to other contractors and then failed to pay them. At least six of A+ Builders’ Missouri customers are still waiting for their repair

or remodeling jobs to be completed. They attempted to contact A+ Builders and Devinney to demand completion of the work or a refund but were met

with false promises or unreturned calls.

Page 19: Consumer Protection Report -  April 2015

18

MISSOURI CONT’D

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

sues-st.-louis-area-scam-contractor

Apr 7, 2015

Attorney General Chris Koster shuts down California home security system telemarketer for violating Missouri's No Call law

Attorney General Chris Koster announced today that he has obtained a

judgment permanently prohibiting California-based First Pacific Marketing, LLC, and its owner, Lindsay W. Johnson, from placing any further telemarketing calls to any Missouri consumers, for violating the Missouri No

Call law.

In addition to the prohibition against further calls to any Missourians, First Pacific and Johnson are ordered to pay $17,000 in civil penalties and an

additional $2,000 to reimburse the state for the cost of the investigation and prosecution of the case.

https://ago.mo.gov/home/news-archives/2015-news-archives/ag-koster-shuts-down-california-home-security-system-telemarketer-for-violating-

missouri%27s-no-call-law

April 1, 2015

Attorney General Chris Koster sues Oregon businesses for deceptive magazine and newspaper renewal solicitations to Missouri consumers

Attorney General Chris Koster announced today a lawsuit filed in Jackson

County Circuit Court against Laura Lovrien of Oregon, and her companies, Liberty Publishers Services and Orbital Publishing Group for using deceptive

solicitations that encouraged Missouri consumers to renew subscriptions to magazines and newspapers at higher cost than they would have paid by renewing directly through the publisher.

Lovrien’s companies, doing business as numerous entities, including

Publishers Billing Association, Associated Publishers Network, and Allied Publishers Service, mailed solicitations designed to look like invoices directly

from the magazine or newspaper publisher. The solicitations purported to offer the lowest available rate available to renew. However, according to Koster, the rates offered were often significantly higher than the renewal rates

offered by the periodical publishers. The lawsuit also asserts that by using the phrase “renewal,” the direct-mail advertisements falsely led some consumers to believe their subscriptions were close to expiration.

Page 20: Consumer Protection Report -  April 2015

19

https://ago.mo.gov/home/news-archives/2015-news-archives/ag-koster-sues-oregon-businesses-for-deceptive-magazine-and-newspaper-renewal-

solicitations-to-missouri-consumers

NEVADA

April 29, 2015

Attorney General Laxalt Prosecutes Pahrump Man for Mortgage Lending

Fraud

Nevada Attorney General Adam Paul Laxalt announced that Stephen Choate,

62, of Pahrump, was sentenced last week on a charge of a pattern of mortgage

lending fraud. Choate ran a scam to defraud clients of $11,500 in fees under

the guise that he would obtain loan modifications for them. He cheated

homeowners between November 2010 and February 2012.

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

mp_Man_for_Mortgage_Lending_Fraud/

NEW HAMPSHIRE

April 20, 2015

Attorney General Joseph A. Foster Settles Claims Against Charles

Balanoff, d/b/a ElderCare Advantage, Alleging the Company Overcharged

Veterans for Services Related to Applications for Federal Aid and

Attendance Benefits

Attorney General Joseph A. Foster announces that the State has entered into

an Assurance of Discontinuance with Charles Balanoff, d/b/a ElderCare

Advantage, of Groveland, Massachusetts, to resolve allegations that ElderCare

Advantage overcharged clients who came to them for assistance in applying

for federal Aid and Attendance benefits through the Veterans' Administration

(VA).

http://doj.nh.gov/media-center/press-releases/2015/20150420-eldercare-

settlement.htm

Page 21: Consumer Protection Report -  April 2015

20

NEW HAMPSHIRE CONT’D

April 20, 2015

Attorney General Joseph A. Foster Announces Preliminary Injunction

Ordered Against Veterans Museum of New Hampshire and Henry T.

Pratte

Attorney General Joseph A. Foster announces that the Charitable Trusts Unit

has today obtained a preliminary injunction against a registered New

Hampshire charitable organization, Veteran Museum of New Hampshire, and

its president, Henry T. Pratte. The injunction prohibits the Museum

organization and Mr. Pratte from soliciting donations or accepting military

artifacts, pending a final hearing in the case. This injunction comes after

several years of efforts to bring the organization into compliance with the law.

The complaint against Veterans Museum of New Hampshire and Mr. Pratte

was filed on March 27, 2015. It alleges that the defendants committed

numerous violations of statutes concerning the solicitation of donations and

the composition of the board of directors. In this case, it is alleged that the

defendants maintained a website, veteransmuseumofnh.com, that sought

donations to build a museum across from the New Hampshire Veterans

Cemetery, on land they did not own, for an organization that had not obtained

tax exempt status. The complaint also claims that Mr. Pratte filed a false

report with the Charitable Trusts Unit claiming that the organization fielded a

full board of directors.

http://doj.nh.gov/media-center/press-releases/2015/20150420-veteran-

museum.htm

April 9, 2015

Attorney General Joseph A. Foster Announces Epic Oriental Rugs Of

Hampton Agrees To Stop Advertising Its Going Out Of Business Sale In

Violation Of The Consumer Protection Act

Attorney General Joseph A. Foster announces that the State has entered into

an Assurance of Discontinuance with Menashe Cohen, d/b/a Epic Oriental

Rugs, of Hampton, New Hampshire to resolve allegations that Mr. Cohen

violated the State's Consumer Protection Act by advertising and conducting a

going out of business sale for longer than 60 days.

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21

NEW HAMPSHIRE CONT’D

Mr. Cohen began advertising a going out of business sale at Epic Oriental

Rugs during the fall of 2014. Mr. Cohen advertised this sale through store

banners, direct mailers, newspaper ads, and TV commercials. Mr. Cohen's

going out of business sale advertisements were published until April 2015.

http://doj.nh.gov/media-center/press-releases/2015/20150409-epic-

oriental-rugs.htm

April 6, 2015

Attorney General Joseph A. Foster announces Local Contractor Admits

Violation of the Consumer Protection Act by Falsely Claiming He Was

Licensed and Insured

Attorney General Joseph A. Foster announces that the State has entered into

an Assurance of Discontinuance with Scott Attridge, d/b/a Christian

Construction and Tile, of Bedford, New Hampshire to resolve allegations that

Mr. Attridge violated the State's Consumer Protection Act by falsely claiming

to consumers that he was licensed and insured.

This past winter, Mr. Attridge had provided roof snow shoveling services to

homeowners in Bedford. The allegations arose from a complaint that Mr.

Attridge had given consumers a business card that claimed he was licensed

as a home contractor and was also insured, when, in fact he was neither.

New Hampshire does not license home contractors and Mr. Attridge had no

active insurance policy for the work he did for consumers.

http://doj.nh.gov/media-center/press-releases/2015/20150406-contractor-

admits.htm

Page 23: Consumer Protection Report -  April 2015

22

NEW JERSEY

April 27, 2015

Acting Attorney General John J. Hoffman Announces Prosecution of

Alleged Sale of Aviation Fuel to Unsuspecting Motorists Leads to

$137,000 in Settlements Obtained by New Jersey Division of Consumer

Affairs

Gas Station Owner, Fuel Distributor, Fuel Transporter Settle State Allegations

Acting Attorney General John J. Hoffman today announced that the New

Jersey Division of Consumer Affairs and its Office of Weights and Measures

have obtained settlements totaling $137,000 from three companies - a gas

station owner, fuel distributor, and fuel transporter – implicated in the 2012

sale of aviation fuel (“avgas”) to unsuspecting motorists at six Central New

Jersey gas stations.

Avgas contains tetraethyl lead, a toxic substance that can damage cars’

catalytic converters and oxygen sensors. Avgas is appropriate for certain

aircraft, but not for cars and other motor vehicles. The affected consumers

thought they were filling their cars with ordinary, unleaded gasoline.

http://nj.gov/oag/newsreleases15/pr20150427b.html

April 1, 2015

Acting Attorney General John J. Hoffman Announces The New Jersey Bureau of Securities has ordered two shore-area residents to pay $1

million in civil penalties after a Bureau investigation revealed that they operated a Ponzi scheme and had defrauded investors.

Bureau Chief Laura H. Posner ordered Charles J. Boyer III, of Jackson, and James A. Wilson, of Spring Lake, to pay this civil penalty after finding that the two men committed multiple violations of the state’s Uniform Securities Law, while raising at least $342,000 from ten investors. The two men, who were not

registered with the Bureau and therefore not legally allowed to sell investments in New Jersey, transferred approximately $177,000 of investor

funds into either Boyer’s personal bank account or accounts over which Boyer III and Wilson had control, for their own use, rather than investing the funds as represented to investors.

http://nj.gov/oag/newsreleases15/pr20150401a.html

Page 24: Consumer Protection Report -  April 2015

23

NEW YORK

April 29, 2015

A.G. Schneiderman Announces $1.025 Million Settlement with Trustees

of Nonprofit That Squandered Assets Intended For Underprivileged

Children

At The Hands Of Two Trustees And Lax Board, Perley Fund Lost Millions To

Risky Investments, Unreasonable Pay And The Purchase Of Southampton

House

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

reached a $1.025 million settlement with the trustees and former trustees of

the Victor E. Perley Fund (the Perley Fund), a private foundation established

by Victor E. Perley in 1959 for the benefit of underprivileged children. An

investigation by the Attorney General’s Office found that, beginning in 2009,

the Perley Fund’s board allowed the foundation’s new leader, Richard A.

Basini, to shift the nonprofit’s focus to fund his own interests and those of a

fellow trustee, James J. Cahill, resulting in the Perley Fund’s purchase of a

million-dollar Southampton home that Basini used as his private residence,

and, ultimately, the waste of the nonprofit’s entire investment portfolio. Under

today’s settlement, the Perley Fund’s board will also be completely

reconstituted, with the approval of the Attorney General’s Office.

http://www.ag.ny.gov/press-release/ag-schneiderman-announces-1025-

million-settlement-trustees-nonprofit-squandered-assets

April 28, 2015

A.G. Schneiderman Announces Additional Prison Time for Lawyer Who

Continued to Steal From Clients After Being Indicted for $2 Million Theft

Timothy Griffin, Charged With Stealing Over $2 Million From Staten Island

Cemetery To Hide Theft Of Client Money, Continued To Steal From Legal Clients

While Out On Bail

Griffin Sentenced to Up To 13 Years In Prison and Will Pay $2.5 Million in

Judgments And Restitution

Attorney General Eric T. Schneiderman today announced the sentencing of

Bronxville real estate attorney Timothy Griffin, former acting president of

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24

NEW YORK CONT’D

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

In February 2015, Griffin pleaded guilty in Richmond County Supreme Court

to stealing over $2 million from the not-for-profit, in exchange for a promised

sentence of 3 to 9 years in prison. However, an ongoing investigation by the

Attorney General’s Office revealed that, after his arrest, Griffin continued to

steal client monies, diverting over $175,000 from a client escrow account. In

light of his continuing crimes, Griffin was sentenced today to 4 1/3 to 13

years in prison.

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

prison-time-lawyer-who-continued-steal-clients

April 23, 2015

A.G. Schneiderman Announces Guilty Pleas Of Bronx Home Health Care

Agency Owners And Consultant Who Failed To Pay Workers

Defendants Repeatedly Failed To Pay Employees For Work During A Four-Year

Period

Defendants Agree To Pay Over $80,000 In Restitution For Back Wages Owed To

Former Employees

Attorney General Eric T. Schneiderman today announced guilty pleas by

Maria Etim and Charles Mayers, the owners of Bronx-based home health care

agency Concept Home Care Inc., which did business as Golden Apple Home

Care. Last month a consultant for the agency, Wayne Patterson, plead guilty

and was sentenced. Etim, Mayers and Patterson admitted to failing to pay 63

former home health aides employed by the company for all of the hours they

worked tending to the daily needs of people with disabilities, impairments and

other medical needs. As part of the plea, Golden Apple Home Care, Etim and

Mayers agreed to pay more than $80,000 in restitution to their former

employees.

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

pleas-bronx-home-health-care-agency-owners-and

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25

NEW YORK CONT’D

April 20, 2015

A.G. Schneiderman Files Contempt Order Against Legal Document

Business Owner For Failing To Refund Defrauded Consumers

Derek Distenfield, Owner of Legal Docs By Me, Violated Court Order to Pay

Restitution

Attorney General Eric T. Schneiderman today announced that, after reviewing

evidence submitted by his office, Supreme Court Justice James P. McClusky

has issued an order to show cause to the business formerly known as Legal

Docs by Me and its owner, Derek Distenfield, as to why they should not be

held in contempt of court for violating two court orders which partly required

Legal Docs by Me to pay restitution to consumers. In a case brought last

summer, Attorney General Schneiderman accused the business—now

operating as NextGenJustice—of engaging in the unauthorized practice of law

and deceiving consumers by regularly misrepresenting its pricing, its

expertise in the preparation of legal documents, and the nature of the services

it provided.

http://www.ag.ny.gov/press-release/ag-schneiderman-files-contempt-order-

against-legal-document-business-owner-failing

April 16, 2015

A.G. Schneiderman Announces Cease And Desist Letter Sent To Property

Management Company For Allegedly Charging Service Members Illegal

Fees

Operating Near Fort Drum, Company Accused Of Charging Fees In Violation

Of Servicemember Civil Relief Act

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

issued a cease and desist letter to LeRay 300, LLC, a Virginia-based company

owned by Jeffrey S. Lewis, also of Virginia. The business operates as a rental

property company near Fort Drum under the name of Woodcliff Community.

The letter orders Woodcliff Community to immediately cease charging service

members illegal fees in violation of the Servicemember Civil Relief Act and

collecting undisclosed, non-refundable "reservation deposits" in violation of

New York State law, among other allegations. The rental property, located in

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26

NEW YORK CONT’D

Calcium, New York, is approximately one mile from the main gate at Fort

Drum and advertises itself as the "finest neighborhood serving the Fort Drum

community."

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

desist-letter-sent-property-management-company

April 15, 2015

A.G. Schneiderman Obtains Settlement With Fourth Debt Buyer Vacating

$1.7m In Improperly Obtained Debt-Collection Actions

Asta Funding, Inc. to Vacate Over 300 Judgments Totaling Over $1.7 Million;

Reform Practices; Pay $100,000 in Penalties and Costs

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

obtained a settlement from debt buyer Asta Funding, Inc. (“Asta”) for bringing

improper debt collection actions against hundreds of New York consumers.

For years, Asta sued New York consumers and obtained uncontested default

judgments against consumers who failed to respond to the lawsuits, even

though the underlying claims were untimely under New York law. Under the

settlement, Asta will move to vacate more than 300 improperly obtained

judgments totaling more than $1.7 million. Asta will also reform its debt

collection practices and pay civil penalties and costs in the amount of

$100,000.

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

fourth-debt-buyer-vacating-17m-improperly-obtained

April 14, 2015

A.G. Schneiderman Announces Settlements With Five Domino’s Pizza

Franchisees For Violating Workers’ Basic Rights In Stores Statewide

Domino’s Franchisees Must Pay $970,000 In Restitution To Workers At

Dozens of Stores In Western New York, Central New York, Hudson Valley, New

York City And On Long Island

Page 28: Consumer Protection Report -  April 2015

27

The A.G. Has Secured Agreements With A Substantial Portion Of New York’s

Domino’s Franchise Locations; Franchisees Have Agreed to Pay Nearly $1.5

Million In Restitution In Total To Workers Statewide

Attorney General Eric T. Schneiderman today announced settlements totaling

$970,000 with four current Domino’s Pizza franchisees, who together own 29

stores across New York State, as well as with one former franchisee who

owned 6 stores. With stores located in Cortland, Dutchess, Erie, Genesee,

Monroe, Nassau, New York, Onondaga, Ontario, Orange, Rockland, Suffolk,

and Westchester counties, the franchisees admitted to a number of labor

violations, including minimum wage, overtime or other basic labor law

protections. In light of today’s agreements – which follow similar settlements

last year with the owners of 26 other Domino’s stores statewide – Attorney

General Schneiderman also called on the Domino’s Pizza corporation and

Chief Executive Officer Patrick Doyle to exercise increased oversight of

Domino’s franchisees’ pay practices.

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

settlements-five-domino%E2%80%99s-pizza-franchisees-violating

April 9, 2015

A.G. Schneiderman Announces Lawsuit Against Board Of Directors

Alleging Mismanagement Of Two Brooklyn-Based Nonprofits Serving

Vulnerable Families

Lawsuit Accuses Board Members Of Trying To Illegally Sell Two Brooklyn

Townhouses Operated By The Nonprofits As Housing For Single Mothers And

Their Children

Board Members Also Allegedly Pilfered Thousands Of Dollars From Charitable

Bank Account, Took Out $600,000 In High-Fee Loans, Forged Signatures And

Failed To Pay Employees

Attorney General Eric T. Schneiderman today announced a lawsuit against

the board of directors of two Brooklyn-based nonprofits, Brooklyn Child &

Family Services, Inc. and Project Teen Aid Housing Development Fund Corp.,

for alleged gross negligence and failed management of the organizations – and

of two converted townhouses in the Bedford-Stuyvesant section of Brooklyn.

The Rose F. Kennedy Family Center, located at 178 Halsey Street, and the

Rosa Parks Apartments, located at 243 Hancock Street, have been owned by

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28

NEW YORK CONT’D

the jointly operated nonprofits since the 1990s. The charitable organizations

were intended to provide housing and support services for pregnant women,

young mothers and their children. As set forth in the lawsuit, an investigation

by the Attorney General’s Charities Bureau found that several board members

listed the townhouses for sale without necessary approval. Supreme Court

Justice Genine D. Edwards granted the Attorney General’s Office a temporary

restraining order earlier this week that freezes the organization’s assets.

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

against-board-directors-alleging-mismanagement-two

April 8, 2015

A.G. Schneiderman And DOI Commissioner Peters Announce Arrest Of

Five Public Works Contractors Charged With Underpayment Of Nearly $1

Million In Wages To Workers

Subcontractors Working On City School And Affordable Housing Projects

Allegedly Underpaid Workers During A Two-Year Period

As part of an ongoing focus on widespread allegations of wage theft at public

works projects in New York City, Attorney General Eric T. Schneiderman and

New York City Department of Investigation Commissioner Mark G. Peters

today announced the arrests of five subcontractors on charges they underpaid

wages and benefits to workers at three publicly-funded New York City

construction projects.

The arrests stem from an investigation into underpayment and kickback

schemes that allegedly took place at P.S. 7X, an elementary school in the

Bronx, the New York City Department of Housing Preservation and

Development’s (HPD) Sugar Hill Houses in Harlem, and the New York City

Housing Authority’s (NYCHA) Pomonok Houses project in Fresh Meadows,

Queens, between January 2012 and November 2014. The Manhattan case

includes a top count felony of Falsifying Business Records in the First Degree

against Sergio Raymundo and his New Paltz-based construction company for

allegedly cheating eight workers at the Sugar Hill housing project out of

approximately $800,000 in wages during a 17-month period.

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

commissioner-peters-announce-arrest-five-public-works

Page 30: Consumer Protection Report -  April 2015

29

NORTH CAROLINA

April 7, 2015

Attorney General Roy Cooper Announces Chapel Hill Landlord Ordered

To Pay $122,000 in Refunds, Penalties

Landlord James Ware Kelley illegally kept student renters’ security deposits

A landlord who failed to return security deposits is now under court order to

pay $122,000 in refunds to renters, penalties and fees and is barred from

taking security deposits, Attorney General Roy Cooper said today.

“Security deposits protect landlords from tenants but they should give them

back if the tenants haven’t done anything wrong,” Cooper said. “The court

agreed with us that these students deserve refunds and we’ll work to help

them collect their money.”

Orange County Resident Superior Court Judge R. Allen Baddour, Jr.

yesterday entered a judgment and permanent injunction against Ware

Investments, LCC and its managing officer, James Ware Kelley, of Chapel Hill,

banning them from collecting security deposits and ordering them to pay

$14,935 in refunds to renters, $96,000 in civil penalties, and $12,000 in

court costs.

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

Advisories/Press-Releases/Chapel-Hill-landlord-ordered-to-pay-$122,000-in-

re.aspx

OHIO

April 24, 2015

Attorney General DeWine Seeks Consumer Restitution from Travel Club

Companies

Ohio Attorney General Mike DeWine today announced a lawsuit against a

group of interrelated companies accused of violating Ohio’s consumer

protection laws by failing to honor consumers’ rights to cancel travel club

memberships sold at hotel sales presentations in Toledo, Cleveland, and

Columbus.

In the lawsuit, the Attorney General seeks an end to unfair and deceptive

practices by the companies, restitution for consumers, and civil penalties.

Page 31: Consumer Protection Report -  April 2015

30

The lawsuit names the following companies as defendants:

A2Z Vacations LLC (a Wyoming corporation also known as Member

Choice)

Great Quest Travel Inc., doing business as One and Only Travel (an

Alabama corporation)

World Wide Travel Resources Inc. (a Louisiana corporation)

Travel Supplier of America Inc. (a Delaware corporation)

Universal Concepts Inc. (a Delaware corporation)

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

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

April 17, 2015

Attorney General DeWine Announces Lawsuit Against Dealership for

Failing to Deliver Titles to Consumers

Ohio Attorney General Mike DeWine today announced a lawsuit against a

Milford used car dealership accused of failing to deliver motor vehicle titles to

consumers as required by law.

The lawsuit accuses Ohio Valley Motorcars LLC and its owner and

salesperson, Jason Taylor of Cincinnati, of violating Ohio’s Consumer Sales

Practices Act and Certificate of Motor Vehicle Title Act.

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

2015/Attorney-General-DeWine-Announces-Lawsuit-Against

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31

OHIO CONT’D

April 10, 2015

Attorney General Mike DeWine Announces Lawsuit Against Another

Dealership Accused of Failing to Deliver Titles

Ohio Attorney General Mike DeWine today announced a lawsuit against a

used car dealership accused of failing to deliver motor vehicle titles as

required by law.

The lawsuit accuses Hometown Car Sales and its owner, Brian L. Vanvlerah of

Sandusky, of violating Ohio’s Certificate of Motor Vehicle Title Act.

Hometown Car Sales last operated at 2434 W. Monroe St. in Sandusky. It is

currently closed.

In the last two years, approximately 10 consumers filed complaints against

Hometown Car Sales. Nearly all the complaints involved title issues.

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

2015/Dealership-Accused-of-Failing-to-Deliver-Titles

April 6, 2015

Attorney General DeWine Seeks Reimbursement from Auto Dealer

Accused of Failing to Deliver Titles

Ohio Attorney General Mike DeWine today announced a lawsuit against a

Columbus used car dealership accused of failing to deliver motor vehicle titles

as required by law.

The lawsuit accuses TCB Automotive Group LLC and its owner Andrew

Karabinos of violating Ohio’s Consumer Sales Practices Act and Certificate of

Motor Vehicle Title Act.

It also seeks reimbursement to the Title Defect Rescission Fund, a state

program that helps car buyers who fail to receive valid titles to vehicles they

purchase from a dealership.

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

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

Page 33: Consumer Protection Report -  April 2015

32

TENNESSEE

April 20, 2015

Attorney General Herbert H. Slatery III Reaches Settlement with Middle

Tennessee Auto Dealer

Company allegedly used deceptive business practices to target military

families

Middle Tennessee auto dealer, Wholesale Inc., has agreed to immediately

change its advertising practices and pay the State of Tennessee $50,000,

Attorney General Herbert H. Slatery III announced today.

A Davidson County Court approved the settlement between Wholesale, Inc.,

the Tennessee Attorney General's Office, and the Tennessee Division of

Consumer Affairs. The agreement centers around two advertising mailers sent

to would be customers. One of the mailers specifically targeted service

members living near Fort Campbell.

After reviewing a service member's complaint filed at Fort Campbell, the State

alleged that the defendant made numerous false representations in violation

of the Tennessee Consumer Protection Act. According to the State, a fictitious

lender called "CreditAble Auto Funding" claimed to be "by military, for

military" and was offering a limited amount of loans to military personnel.

http://www.tn.gov/attorneygeneral/press/2015/pr15-05.html

TEXAS

April 20, 2015

Attorney General Ken Paxton Charges Houston-based “Diploma Mill”

with Fraud

The Texas Attorney General’s Office today filed a lawsuit against a Houston-

based learning center for unlawfully marketing and selling fraudulent high

school diplomas and transcripts. The state is seeking a temporary restraining

order and a hearing in a Harris County district court will be held on

Wednesday, April 22.

Court documents filed by the State explain that since at least 1994, Parkview

Home School has provided fake high school diplomas and transcripts to Texas

Page 34: Consumer Protection Report -  April 2015

33

consumers for a fee and employs no teachers, requiring little or no

coursework or educational requirements on their students. Defendants claim

to have provided services to 42,000 “students” and has obtained

approximately $1.4 million from Texas consumers.

https://www.texasattorneygeneral.gov/oagnews/release.php?id=5042

WASHINGTON

April 7, 2015

Attorney General Bob Ferguson Sues Firm over Illegal Student Loan

Practices

Scores of Washington consumers affected by fees of $132,000

Attorney General Bob Ferguson today announced action against a student

loan debt adjusting firm that exploited borrowers for financial gain.

Ferguson filed a lawsuit Monday charging StudentLoanProcessing.US (SLP)

and its president James Krause with violating Washington’s Debt Adjusting

Act and Consumer Protection Act, including charging illegal fees for debt

adjusting and failing to inform customers of important rights as is legally

required. The same services SLP offers are available — for free — through the

U.S. Dept. of Education (DOE).

“My office will aggressively crack down on those who prey on student loan

borrowers — many of whom are already overburdened — for profit,” Ferguson

said. “This firm charged exorbitant and illegal fees for services that student

loan borrowers can obtain for free.”

Many student loan debt adjustment firms have sprung up as a result of the

$1.2 trillion debt burden carried by nearly 40 million American borrowers.

Most offer to help students fill out and submit paperwork to DOE to

consolidate their federal student loans.

http://www.atg.wa.gov/news/news-releases/ag-sues-firm-over-illegal-

student-loan-practices

Page 35: Consumer Protection Report -  April 2015

34

WEST VIRGINIA

April 2, 2015

Attorney General Patrick Morrisey Announces $393,000 Judgment Against

Synthetic Drug Manufacturer

Attorney General Patrick Morrisey announced that a permanent injunction

was entered against the owner of a Georgia-based business that sold illegal

synthetic drugs in West Virginia.

The Circuit Court of Putnam County fined Drew Green, the owner of the now-

defunct Nutragenomics Manufacturing LLC, $375,000 in civil penalties for

violating the West Virginia Consumer Credit and Protection Act by misleading

customers and mislabeling the chemicals his company sold over the phone

and online. Additionally, the court ordered Green to pay $18,357.54 in

restitution.

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

Morrisey-Announces-$393,000-Judgment-Against-Synthetic-Drug-

Manufacturer.aspx

Page 36: Consumer Protection Report -  April 2015

35

MEDICAID FRAUD CASES AND SETTLEMENTS

ALABAMA

April 21, 2015

Attorney General Luther Strange Announces Medicaid Fraud Indictment

of Non-Profit Executive Director

Attorney General Luther Strange announced the arrest of Lula Jones Bridges,

58, of Notasulga. Bridges is charged with nine counts of filing false claims

with the Alabama Medicaid Agency, which is Medicaid fraud, and one count of

first-degree theft of property.

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

April 2015 term of the Montgomery grand jury resulting in an indictment*

charging Bridges with filing numerous false claims to the Alabama Medicaid

Agency totaling over $550,000.00, as well as first-degree theft of property.

http://www.ago.state.al.us/News-625

CONNECTICUT

April 15, 2015

Attorney General George Jepsen Announces State Reaches Settlement

with Second Defendant In Alleged Fraudulent Medicaid Billing Lawsuit

The state has reached a settlement with a Stamford dentist and 13 of his

practices and management companies resolving fraud allegations and civil

claims stemming from an illegal Medicaid billing scheme, Attorney General

George Jepsen said today.

Mehran Zamani and his companies were among 28 individuals, dental

practices and corporations named in a civil lawsuit filed by the state in May

2012 that alleged participation in an elaborate and illegal scheme that

resulted in the submission of fraudulent Medicaid claims over two years in

violation of the Connecticut False Claims Act and the Connecticut Unfair

Trade Practices Act.

http://www.ct.gov/ag/cwp/view.asp?A=2341&Q=564102

Page 37: Consumer Protection Report -  April 2015

36

GEORGIA

April 23, 2015

Attorney General Sam Olens Announces Grady Health System to Pay

Over $2.9 Million to Resolve Improper Medicaid Billing Allegations

Attorney General Sam Olens announced on April 23, 2015, that the state of

Georgia has reached a civil settlement agreement with Grady Health System

(Grady). Grady has agreed to pay $2,950,000 to settle claims that it

inaccurately coded claims for neo-natal intensive care unit (NICU) patients,

resulting in alleged damages to the Georgia Medicaid program.

http://law.ga.gov/press-releases/2015-04-23/grady-health-system-pay-over-

29-million-resolve-improper-medicaid-billing

April 16, 2015

Attorney General Olens Announces $790K Settlement with Doraville Eye

Doctor for Improper Medicaid Billing Allegations

On April 16, 2015, Attorney General Sam Olens announced that Georgia has

reached an agreement with Doraville doctor Zheng Xiang Wang and the Wang

Eye Clinic, P.C., to settle allegations that Dr. Wang billed Georgia Medicaid for

medically unnecessary ophthalmology procedures. In settlement of the

allegations, Dr. Wang paid $790,000 to the Department of Community Health

(DCH), which administers Georgia’s Medicaid program.

http://law.ga.gov/press-releases/2015-04-16/attorney-general-olens-

announces-790k-settlement-doraville-eye-doctor

Page 38: Consumer Protection Report -  April 2015

37

LOUISIANA

April 30, 2015

Attorney General Buddy Caldwell Announces Four Arrested on Medicaid

Fraud Charges

Medicaid billed for services while beneficiaries were on Caribbean cruise

Attorney General Buddy Caldwell announced that four individuals were

arrested after an investigation conducted by agents with his Medicaid Fraud

Control Unit revealed the state’s Medicaid Program was billed for in-home

personal care services while the Medicaid recipients purported to be receiving

care were actually on a Caribbean cruise.

https://www.ag.state.la.us/Article.aspx?articleID=1000&catID=5

April 2, 2015

Attorney General Buddy Caldwell Announces Houma Personal Care

Business Owner Charged with Defrauding Medicaid Program

The owner of a Houma personal care business has been arrested after

Medicaid fraud agents uncovered she engaged in numerous schemes aimed at

defrauding the state’s Medicaid program, Attorney General Buddy Caldwell

announced.

Larekia Brown, 31, of 208 Oak Point Drive in LaPlace, was arrested

Wednesday and charged with one count each of Medicaid Fraud, Filing and

Maintaining False Public Records, and Unauthorized Participation in Medical

Assistance Programs.

https://www.ag.state.la.us/Article.aspx?articleID=985&catID=5

Page 39: Consumer Protection Report -  April 2015

38

MASSACHUSETTS

April 28, 2015

Attorney General Maura Healey Announces Former Charlestown

Nonprofit to Pay More Than $94,000 for Billing MassHealth for Services

Allegedly Not Provided

Life Focus Center Submitted False Claims by Billing for Hours of Day

Habilitation Services Not Rendered to an Individual with Developmental

Disabilities

A former Charlestown nonprofit that provided day habilitation services to

individuals with developmental disabilities has agreed to pay more than

$94,000 to settle claims of billing the state’s Medicaid program (MassHealth)

for services not provided, Attorney General Maura Healey announced today.

According to the settlement, Life Focus Center of Charlestown, Inc. allegedly

violated the Massachusetts False Claims Act by billing more hours of service

than were actually provided to a MassHealth member from 2008 through

2011, resulting in overpayments.

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

04-28-life-focus-center.html

April 13, 2015

Attorney General Maura Healey Announces Hallmark Health to Pay

MassHealth $1.75 Million Over Claims of Improper Billing for Hospital

Stays

AG’s Office Alleges Hallmark Submitted Improper Claims for Reimbursement

of Inpatient Admissions in Violation of MassHealth Regulations

Hallmark Health Systems has agreed to pay $1.75 million to settle allegations

that it improperly billed the Massachusetts Medicaid Program (MassHealth)

for certain inpatient admissions at its hospitals, resulting in overpayments by

MassHealth, Attorney General Maura Healey announced today.

The settlement alleges that from March 2008 to December 2013, Hallmark

used a specific default code that classified MassHealth patients as having

received short-stay inpatient services, when an observation or outpatient level

Page 40: Consumer Protection Report -  April 2015

39

of care would have been more appropriate. This protocol resulted in higher

payments to Hallmark hospitals from MassHealth.

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

04-13-hallmark-health-systems.html

April 07, 2015

Attorney General Maura Healey Announces Brookline Doctor Pleads

Guilty, Sentenced to Jail and Ordered to Pay $9.3 Million for Running

Medicaid Kickback and False Billing Scheme

Dr. Kishore to Surrender Medical License, Sentenced to House of Correction

A Brookline doctor has pleaded guilty, was sentenced to jail, and has been

ordered to pay $9.3 million in restitution for running an intricate Medicaid

fraud scheme involving millions of dollars in taxpayer funds, Attorney General

Maura Healey announced today.

Dr. Punyamurtula Kishore, 64, along with his company Preventive Medicine

Associates, Inc. (PMA), pleaded guilty on Monday in Suffolk Superior Court.

PMA pleaded guilty to charges of Medicaid Kickbacks (8 counts), Medicaid

False Claims (19 counts) and Larceny over $250 (11 counts). Dr. Kishore

pleaded guilty to one count of Larceny over $250.

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

04-07-kishore-plea.html

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40

MISSOURI

April 24, 2015

Attorney General Chris Koster Announces Judgment Against New Madrid

County Medicaid Provider for Submitting False Claims

Attorney General Chris Koster announced today his office has obtained a civil

judgment against Tina Hartlein, owner and operator of Caring Hands In Home

Care, in Mathews, MO, for her company’s submission of false claims to

Missouri’s Medicaid program. As part of the judgment, Hartlein has agreed to

pay $115,298, which will be returned to Medicaid, along with $5,000 to cover

investigative costs.

Koster’s office conducted an investigation into Caring Hands after receiving

complaints about several of the company’s attendants. The investigation

found that Caring Hands hired an attendant to provide in-home personal care

services to her parents, which is prohibited by Missouri Medicaid regulations.

The investigation also discovered that Caring Hands later replaced the

attendant with her husband and that former Caring Hands employees

instructed him to complete timesheets with inaccurate information.

https://ago.mo.gov/home/ag-koster-announces-judgment-against-new-

madrid-county-medicaid-provider

April 14, 2015

Attorney General Chris Koster Announces Guilty Plea In Madison County

Medicaid Fraud Case

Attorney General Chris Koster said today that Michael A. Emert of Madison

County has pleaded guilty to one count of Medicaid fraud. Emert was ordered

to serve 120 days of shock detention in the Madison County Jail and has paid

restitution of $19,860.

Emert, a licensed professional counselor, was a former Executive Director and

therapist with Faith Foundation Children’s Home in Fredericktown. An

investigation by the Missouri Attorney General’s Medicaid Fraud Control Unit

found that Emert failed to provide group-therapy sessions for which he

submitted Medicaid claims, including services provided on a date he was not

present at the facility.

Page 42: Consumer Protection Report -  April 2015

41

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

announces-guilty-plea-in-madison-county-medicaid-fraud-case

NEW HAMPSHIRE

April 16, 2015

Attorney General Joseph A. Foster Announces Settlement Reached With

Jeffrey Gould D/B/A North Country Medi-Van Over False Claims

Allegations

Attorney General Joseph A. Foster announces that the Medicaid Fraud

Control Unit (MFCU) of the Department of Justice has reached a settlement

with Jeffrey Gould d/b/a North Country Medi-Van to resolve allegations that

Mr. Gould submitted claims to the Medicaid program for wheelchair van

services between 2009 and 2013 without maintaining adequate records to

support the claims. As part of the settlement in this matter, Mr. Gould will

pay a total of $75,885 in restitution and investigative costs. Mr. Gould d/b/a

North Country Medi-Van no longer provides Medicaid services.

http://doj.nh.gov/media-center/press-releases/2015/20150416-gould-

settlement.htm

NEW YORK

April 1, 2015

A.G. Schneiderman Announces Agreement With Fishkill Nonprofit

Serving New Yorkers With Disabilities To Repay Medicaid $363,000 For

Using Unqualified Staff

Keli House Community Services Employed Individuals That Lacked

Experience And Education Required By New York State

Attorney General Eric T. Schneiderman today announced an agreement with

Keli House Community Services, Inc., a Fishkill-based nonprofit serving New

Yorkers with disabilities and their families, that used unqualified individuals

to provide services to Medicaid recipients who participated in the Home and

Community Based Services Program offered by the New York State Office of

Persons with Developmental Disabilities (OPWDD). The settlement calls for

Keli House to reimburse Medicaid $363,643.

Page 43: Consumer Protection Report -  April 2015

42

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

agreement-fishkill-nonprofit-serving-new-yorkers

OKLAHOMA

April 21, 2015

Attorney General Pruitt Announces Sentences in Two Separate Medicaid

Fraud Cases, Both Were Accused of Submitting False Calims

Attorney General Scott Pruitt announced the sentences of Bethany Sue Stout,

of Alva, and Shenice Lavon Huff, of Midwest City, both of which pleaded guilty

to Medicaid fraud.

Bethany Sue Stout, 34, billed for counseling services that never occurred and

improperly used clients’ identities to gain payments from the Oklahoma

Health Care Authority.

Shenice Lavon Huff, 35, worked as a behavioral health rehabilitation

speciailist when she billed Medicaid for services she did not provide to

SoonerCare recipients.

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

&article_id=15745

Page 44: Consumer Protection Report -  April 2015

43

PENNSYLVANIA

April 20, 2015

Attorney General Kathleen G. Kane Announces 2 women charged with

submitting false claims to Medicaid

Attorney General Kathleen G. Kane today announced criminal charges have

been filed against two women accused of committing Medicaid fraud.

The charges were the result of separate investigations by the Office of Attorney

General’s Medicaid Fraud Control Section. Those charged are:

Kelly Ann Howley, 32, 45 Locust Lane, Levittown, Bucks County

Nadia Shree Demota, 33, 4509 N. 12th St., Philadelphia

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

s_Release/?pid=1693

RHODE ISLAND

Attorney General Peter F. Kilmartin Announces Owner Of St. Jude Home

Care Charged With Medicaid Fraud

Attorney General Peter F. Kilmartin announced that Priscilla Pascale (age 54),

of Barrington, was charged with five counts of Medicaid fraud and five counts

of conspiracy to commit Medicaid fraud. Ms. Pascale is the owner and

operator of St. Jude Home Care, located at 445 Reservoir Avenue, Cranston.

In addition, Orfa Lemaire (age 37), of East Greenwich, the director of clinical

services, was charged with five counts of conspiracy to commit Medicaid

fraud.

Pascale was arraigned today in Providence County Superior Court. She was

released on $10,000 personal recognizance. A pre trial conference is

scheduled for June 29, 2015. Orfa is scheduled to be arraigned in Providence

County Superior Court on April 28, 2015.

It is alleged that between 2010 and 2013, St. Jude placed unlicensed certified

nursing assistants (CNAs) in patients' homes and fraudulently billed Medicaid

for CNA services in the amount of approximately $785,000.

http://www.ri.gov/press/view/24636

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44

TEXAS

April 7, 2015

Attorney General Paxton Recovers $25 Million From Glenmark Generics

Inc. USA For Fraudulently Reporting Inflated Drug Prices To The

Medicaid Program.

Texas Attorney General Ken Paxton has resolved an enforcement action

against New Jersey-based pharmaceutical product manufacturer Glenmark

Generics Inc. USA. The agreement resolves the State’s investigation under the

Texas Medicaid Fraud Prevention Act (“TMFPA”) against Glenmark for

fraudulently reporting inflated drug prices to the Medicaid program.

Under the settlement agreement, Glenmark must pay the State of Texas a

total of $11.25 million for the State’s general revenue fund. Because the

Medicaid program is jointly funded by the State and U.S. taxpayers, the

federal government is entitled to a percentage of the settlement proceeds. The

federal government’s share is also $11.25 million. Additionally, the Texas

Attorney General’s Office will receive $2.5 million in attorneys’ fees and costs.

https://www.texasattorneygeneral.gov/oagnews/release.php?id=5012

VERMONT

April 24, 2015

Attorney General Sorrell Distributes Settlement Funds to Former

Medicaid Beneficiary Customers of McGregor’s Medicine-On-Time

Pharmacy

The Office of the Attorney General is distributing over $118,000 in settlement

funds to more than 1300 Vermonters who were Medicaid beneficiary

customers of McGregor’s Medicine-on-Time pharmacy in Winooski, Vermont,

from 2004 through 2012. The average distribution is $85.00.

http://ago.vermont.gov/focus/news/attorney-general-distributes-settlement-

funds-to-former-medicaid-beneficiary-customers-of-mcgregors-medicine-on-

time-pharmacy.php

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45

CONSUMER ADVOCACY

CALIFORNIA

April 13, 2015

Attorney General Kamala D. Harris Issues Consumer Advisory: Be Careful

of Immigration Scams During Tax Season

Attorney General Kamala D. Harris urges you to be careful if a tax preparer

offers to help you prepare and file your immigration forms or asks you to pay

fines directly to them. Individuals and businesses that prepare tax returns

may not be authorized to assist you with immigration services.

https://oag.ca.gov/news/press-releases/consumer-advisory-be-careful-

immigration-scams-during-tax-season

DELAWARE

April 17, 2015

Attorney General Denn, Lawmakers, to Introduce Legislation Aimed to

Protect Online Privacy

Legislators and Attorney General Matt Denn announced legislation Friday

designed to protect privacy pertaining to the internet and social media. The

package of four bills provides a wide range of protections for people with

regard to their identities and online activities.

http://news.delaware.gov/2015/04/17/22446/

DISTRICT OF COLUMBIA

April 15, 2015

Attorney General Racine Alerts District Consumers to Scam Debt-

Collection E-Mails

E-Mails Claim to Come from Government Agencies

Attorney General Karl A. Racine today alerted District residents to e-mails

some residents have received from a scam artist claiming to be collecting

debts for Cash Advance, Inc. or one of its affiliates. Some of these fraudulent

Page 47: Consumer Protection Report -  April 2015

46

e-mail messages are designed to appear as if they came from Attorney General

Racine.

http://oag.dc.gov/release/attorney-general-racine-alerts-district-consumers-

scam-debt-collection-e-mails

April 9, 2015

Attorney General Racine Launches Initiative to Educate Consumers with

Visits to Senior Homes in Ward 3 and Ward 6

OAG Releases Brochure to Help Consumers Protect Themselves from Common

Scams

Attorney General Karl A. Racine has launched an outreach initiative to

educate the District’s consumers on ways to protect themselves, their credit

and their identities against common forms of fraud. He kicked off the initiative

with two visits this week to apartment complexes for seniors – the Sunrise at

Connecticut Avenue in Ward 3 and Sibley Plaza in Ward 6.

http://oag.dc.gov/release/attorney-general-racine-launches-initiative-

educate-consumers-visits-senior-homes-ward-3-and

ILLINOIS

April 30, 2015

Attorney General Lisa Madigan, Il Poison Center Issue Alert To

Dangerous Form Of Synthetic Drugs

Attorney General, Illinois Poison Center Warn Illinoisans to Spike in ER visits &

Death Due to Synthetic Drugs

Attorney General Lisa Madigan and the Illinois Poison Center issued an alert

today to reports of new, deadly forms of synthetic drugs turning up across the

country leading to increased reports of illness, emergency room visits and

deaths tied to the drug’s usage.

Madigan and Illinois Poison Center Medical Director Dr. Michael Wahl issued

the joint alert following media reports across the country that show many

states have seen an increased number of hospital visits and in some cases

deaths linked to “Spice,” or “K2,” which are street names for the varying types

Page 48: Consumer Protection Report -  April 2015

47

of synthetic marijuana which contain chemical compounds designed to mimic

the effects of THC.

http://www.illinoisattorneygeneral.gov/pressroom/2015_04/20150430.html

April 13, 2015

Madigan Warns Homeowners To Be On Alert For Home Repair Scams

Attorney General Files Lawsuits Against Scam Artists in Chicago & Downstate

Following Last Week’s Tornadoes in Northern, Central Illinois

Following last week’s tornadoes, Attorney General Lisa Madigan today warned

northern and central Illinois residents to be on alert for home repair con

artists looking to exploit homeowners and local businesses needing repairs

due to storm-related damage. In conjunction with her alert, the Attorney

General filed four lawsuits against fraudulent home repair and supply

businesses that previously cheated homeowners in suburban Chicago and

central Illinois out of more than $220,000.

http://www.illinoisattorneygeneral.gov/pressroom/2015_04/20150413.html

INDIANA

April 23, 2015

Attorney General Greg Zoeller Warns Duke Energy Customers Target of

Bill Paying Scam

Duke Energy customers are the current target of a bill paying scam in which

criminals pose as Duke Energy representatives in attempt to dupe unsuspecting customers into making payments. The scam has surfaced in

several different counties across the state.

Here’s how the scam works:

A Duke Energy customer receives an unsolicited phone call from someone claiming to be with the utility provider. The call may even look like its coming from Duke offices because criminals are able to spoof Caller ID. The caller will

inform the customer that he or she is late on bill payments and that his or her service will be shut off if an immediate payment is not received. The caller

might instruct the customer to purchase a pre-paid debit card and recite the card’s number over the phone. The card’s balance can then be instantly drained by the criminal, leaving the customer out his or her money.

Page 49: Consumer Protection Report -  April 2015

48

http://www.in.gov/activecalendar/EventList.aspx?fromdate=4/1/2015&todat

e=5/31/2015&display=Month&type=public&eventidn=219027&view=EventDe

tails&information_id=213740

April 20, 2015

Attorney General Zoeller: Money Smart Week is another reminder to take

ownership of personal credit and prevent ID Theft

Attorney General Greg Zoeller says Money Smart Week, which runs April 18-

25, is another reminder to Indiana residents to protect themselves from

identity theft and other financial crimes.

Money Smart Week is a national public awareness campaign designed to help

consumers better manage their personal finances, as well as take ownership

of their credit and information in order to guard against fraud.

http://www.in.gov/activecalendar/EventList.aspx?fromdate=4/1/2015&todat

e=5/31/2015&display=Month&type=public&eventidn=218597&view=EventDe

tails&information_id=213632

April 16, 2015

Indiana, Missouri AGs host national No Call Law Enforcement Summit

Indiana Attorney General Greg Zoeller joined Missouri Attorney General Chris

Koster in St. Louis today to open a two-day summit meeting for law enforcement officials and consumer protection investigators focused on the

problem of harassing telemarketing and telephone scams.

Bringing together consumer protection experts from across the country, the goal of the summit is to share best practices, information on new technologies, and innovative law enforcement techniques to reduce unwanted

calls.

http://www.in.gov/activecalendar/EventList.aspx?fromdate=4/1/2015&todate=5/31/2015&display=Month&type=public&eventidn=218014&view=EventDe

tails&information_id=213538

LOUISIANA

Page 50: Consumer Protection Report -  April 2015

49

April 24, 2015

Attorney General Caldwell Urges Consumers To Research Costs, Benefits Of Solar Panels

The arrival of warmer weather prompts many Louisiana consumers to look for ways to save money on their utility bills, and some homeowners may be

attracted by a promise of reduced energy costs from solar power systems. https://www.ag.state.la.us/Article.aspx?articleID=996&catID=5

MARYLAND

April 15, 2015

Attorney General Frosh Advises Marylanders to Remain On Guard Over

Tax Scams

Whether you filed your tax returns months ago or are waiting until the last

minute, Attorney General Brian E. Frosh cautions that scammers who claim

to be with the Internal Revenue Service and demand money or threaten arrest

may continue their attempts to defraud taxpayers.

http://www.oag.state.md.us/Press/2015/041515.html

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50

MASSACHUSETTS

April 24, 2015

Attorney General Healey Warns Residents of Scam Stealing Tax Refunds

Through Prepaid Cards

Fraudulent Accounts Have Been Created with Stolen Identities to Collect Tax

Refunds

Concerned for taxpayers whose personal information may have been stolen in

order to fraudulently file taxes, Attorney General Maura Healey today issued a

warning to Massachusetts residents about a scam that allows perpetrators to

steal tax refunds through the use of prepaid money cards.

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

04-24-prepaid-tax-scam.html

April 07, 2015

Rep. Mariano, AG Healey File Bill to Protect Consumers From Higher

Healthcare Costs

Bill Strengthens Coordination between Health Policy Commission and AG’s

Office; Designates HPC Report as Evidence of Consumer Protection Violations

Attorney General Maura Healey and House Majority Leader Ron Mariano (D –

Quincy) announced today they are filing legislation that strengthens the

efforts of the Attorney General’s Office and the Health Policy Commission to

protect consumers from higher health care prices and other negative impacts

from changes in the healthcare marketplace.

An Act Relative to Protecting Health Care Consumers strengthens the impact

of the Health Policy Commission’s (HPC) Cost and Market Impact Review by

designating the report as evidence that a proposed merger or acquisition is a

violation of the Massachusetts Consumer Protection Act.

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

04-07-act-relative-to-protecting-health-care-consumers-.html

Page 52: Consumer Protection Report -  April 2015

51

NEW JERSEY

April 6, 2015

Acting Attorney General John J. Hoffman Announces New Jersey

Division of Consumer Affairs Cites 31 Home Improvement Contractors

for $397,776 in Consumer Restitution and Civil Penalties in First

Quarter of 2015

The New Jersey Division of Consumer Affairs today announced that, during

the first quarter of 2015, it has issued Notices of Violation to 31 contractors,

seeking $397,776.60 in consumer restitution and civil penalties.

http://nj.gov/oag/newsreleases15/pr20150406a.html

NEW YORK

April 27, 2015

A.G. Schneiderman, Senate Coalition Co-Leader Klein, and

Assemblywoman Weinstein Introduce New Legislation to Combat Rise of

“Zombie Homes” Across New York City

Legacy Of Housing Crash Continues To Spread Across New York City, As

Number of Abandoned, Deteriorating, And Foreclosed “Zombie Homes” Spikes

By 38% In One Year According To RealtyTrac Data

Attorney General Eric T. Schneiderman, Senate Coalition Co-Leader Jeffrey D.

Klein, and Assemblywoman Helene Weinstein announced today the

introduction of a newly-expanded Abandoned Property Neighborhood Relief

Act, legislation aimed at stemming the rising tide of abandoned foreclosed

homes (“zombie homes”) across New York. The bill (A.6932/S.4781) requires

that banks and mortgage servicers maintain vacant and abandoned

residential properties throughout the foreclosure process, a responsibility that

banks often neglect. Banks that fail to maintain the properties will be forced

to pay stiff penalties that can then be used by localities to enhance their

enforcement efforts under the Act.

The bill, sponsored in the Assembly by Judiciary Committee Chair Helene

Weinstein (D-Brooklyn), comes amid new data showing a troubling increase in

the number of zombie properties across New York State. According to

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52

RealtyTrac data analyzed by the Office of the Attorney General (OAG), zombie

property foreclosures increased by almost 50% from 2013 to 2014, bringing

the total number of zombie properties in NYS to 16,701. As a result, almost 1

in 5 residential foreclosures is now a zombie property. In New York City, the

problem continues to grow, with the number of zombie homes increasing by

38% between 2013 and 2014, bringing the total number to 3,525.

http://www.ag.ny.gov/press-release/ag-schneiderman-senate-coalition-co-

leader-klein-and-assemblywoman-weinstein-introduce

April 7, 2015

Majority Leader Morelle & Senator Gallivan To Sponsor A.G.

Schneiderman’s Payroll Card Act

Rochester Community And Labor Leader Announce Support For Legislation

To Regulate Payroll Cards; Protect Workers From Unfair Fees And Coercion

Attorney General Eric T. Schneiderman today announced that Assembly

Majority Leader Joseph Morelle and Senator Patrick Gallivan will sponsor the

Attorney General’s program bill 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. Several Rochester area labor and community organizations also

announced their support for the bill, including the Rochester & Genesee

Valley Area Labor Federation, the Rochester Building & Construction Trades,

the Rochester Legal Aid Society, Metro Justice, the Worker Justice Center of

New York, and Empire Justice. The Attorney General’s Payroll Card Act

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/majority-leader-morelle-senator-

gallivan-sponsor-ag-schneiderman%E2%80%99s-payroll-card-act

Page 54: Consumer Protection Report -  April 2015

53

April 2, 2015

A.G. Schneiderman And Mayor De Blasio Announce Joint Task Force To

Combat Immigration Services Fraud

Coordinated Enforcement Effort Will Hold Fraudsters Accountable & Encourage

Victims To Come Forward

Part of Nationwide Effort To Support President Obama’s Immigration Reform by

Combatting Those That Take Advantage Of Vulnerable Immigrants

Attorney General Eric T. Schneiderman and Mayor Bill de Blasio today

announced the formation of a new joint task force to target those who prey on

immigrants, while encouraging victims of fraud to come forward without fear.

The task force, led by the Mayor’s Office of Immigrant Affairs and the NYC

Department of Consumer Affairs, together with the Office of Attorney General,

will dedicate enforcement resources and conduct a public awareness

campaign to stop predators from taking advantage of immigrant communities

in advance of the full implementation of President Obama’s executive actions

on immigration.

http://www.ag.ny.gov/press-release/ag-schneiderman-and-mayor-de-blasio-

announce-joint-task-force-combat-immigration

OHIO

April 3, 2015

Attorney General DeWine Warns Consumers to Watch for Ticket Scams

Ohio Attorney General Mike DeWine today warned consumers to watch for

scams as they search for tickets to upcoming events, including the Cincinnati

Reds and Cleveland Indians home openers.

“Some scam artists use popular events to rip off consumers,” Attorney

General DeWine said. “With Opening Day and other big-ticket events coming

up, we’re encouraging people to be careful, especially with individual sellers

they meet online. If someone says you have to pay using a prepaid card or

wire transfer, it’s likely a scam.”

In the past year, the Ohio Attorney General’s Office has received dozens of

complaints involving tickets. At least nine consumers have reported losing

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54

hundreds of dollars to online ticket scams involving sporting events or

concerts.

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

2015/Attorney-General-DeWine-Warns-Consumers-to-Watch-f

PENNSYLVANIA

April 22, 2015

Attorney General Kane Warns Consumers of Reoccurring Credit Card

Phone Scam

Attorney General Kathleen G. Kane today alerted Commonwealth residents of

a reoccurring telephone scam in which consumers have been told there is a

"freeze" or "hold" on their credit cards.

The Office of Attorney General's Bureau of Consumer Protection has recently

received reports from consumers indicating an uptick in these scam calls.

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

s_Release/?pid=1701

RHODE ISLAND

April 17, 2015

Attorney General Peter F. Kilmartin Announces Rhode Island Senate

Passes "Patent Troll" Legislation

The Rhode Island State Senate passed legislation that prohibits so-called

"patent trolls" in Rhode Island. The legislation (S0596), filed on behalf of

Attorney General Peter F. Kilmartin by Senate Minority Leader Dennis Algiere

(R, District 38 – Westerly, Charlestown, South Kingstown), would prohibit a

person from making bad faith assertions of patent infringement against a

Rhode Island business or individual. The law would also allow a business or

individual to bring action in Rhode Island Superior Court against the patent

troll, where they may be awarded equitable relief, actual damages, costs,

attorney's fees and exemplary damages.

The law also gives the Office of Attorney General civil investigative powers,

including the ability to bring civil actions against patent trolls; if found to

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55

have made a bad faith assertion, the patent troll could face a maximum

penalty of $250,000.

http://www.ri.gov/press/view/24615

SOUTH DAKOTA

April 14, 2015

Attorney General Marty Jackley Announces Court Scams Continue to

Target South Dakota Citizens

Attorney General Marty Jackley announced today that South Dakota citizens

continue to be heavily targeted by two different types of telemarketing scams

that use the court system as a means to construe urgency to their claims.

Both scams include recorded phone messages that threaten the recipient with

law enforcement action if the phone call is not returned. Once the call is

returned the citizen is asked to provide personal identifying information

including social security numbers and then they are instructed to obtain a

Green Dot card to pay the penalty for being late.

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

/3574/moduleID/597/Default.aspx

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WASHINGTON

April 28, 2015

Attorney General Bob Ferguson Announces Governor’s signature makes

AG’s “ticket bot” consumer-protection proposal law

Today, Governor Jay Inslee signed Attorney General Bob Ferguson’s proposal

to ban “ticket bot” software into law.

Ticket bots — short for robots — are computer programs deployed by scalpers

to buy large quantities of tickets online to popular concerts and sporting

events. Bots are often used to target the most desirable seats.

The legislation bans ticket bot use and makes it a violation of the state

Consumer Protection Act to sell software to circumvent, interfere with or

evade any security measure or access-control system on a ticket seller’s

website.

http://www.atg.wa.gov/news/news-releases/governor-s-signature-makes-ag-

s-ticket-bot-consumer-protection-proposal-law

April 25, 2015

Attorney General Bob Ferguson Announces Governor signs AG’s Patent

Troll Prevention Act into law

Today, Governor Jay Inslee signed Attorney General Bob Ferguson’s proposal

to protect small businesses from predatory and bad-faith patent infringement

claims into law.

Patent trolls obtain and misuse patents as a way to make money by asserting

patent rights and collecting infringement fees from other businesses. Their

aggressive and deceptive tactics have become a growing concern for the

Attorney General’s Office.

http://www.atg.wa.gov/news/news-releases/governor-signs-ag-s-patent-troll-

prevention-act-law

Page 58: Consumer Protection Report -  April 2015

57

WEST VIRGINIA

April 20, 2015

Attorney General Patrick Morrisey Announces Eastern Panhandle Office

to Host Free Credit Report Event April 21

Attorney General Patrick Morrisey today announced that the Consumer

Protection Division’s Eastern Panhandle Office will host a free credit report

event from 10 a.m. - 3 p.m. April 21 at the Office, 269 Aikens Center in

Martinsburg.

Consumers interested in participating will have to sign terms of use

acknowledging that they are only accessing their own credit reports and not

the credit reports of someone else. Employees of the Attorney General’s Office

will not have access to the reports or any personal, private information.

Additionally, office employees will not be able to discuss the consumers’

reports with them or provide advice about details contained within the

reports.

http://www.ago.wv.gov/pressroom/2015/Pages/Attorney-General%27s-

Eastern-Panhandle-Office-to-Host-Free-Credit-Report-Event-April-21.aspx