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Financial Services Law Insights and Observations

FTC halts fraudulent telemarketing scheme in Arizona

Consumer Finance FTC Federal Issues Courts Telemarketing Sales Rule

Consumer Finance

On July 31, the FTC announced that it had successfully halted a $3 million telemarketing scheme, which falsely promised to obtain grants for consumers in exchange for the upfront payment of fees. The FTC alleges the Arizona-based defendants charged consumers upfront fees ranging from $295 to $4,995 and promised to obtain $10,000 or more in government, corporate, or private grants that could help the consumers pay off personal expenses such as medical bills. However, “most, if not all,” consumers ultimately received nothing in return and the defendants often changed the company name once they received consumer complaints or state attorney general notices, or once they lost merchant accounts.

On July 16, the FTC filed a now-unsealed complaint with the U.S. District Court for the District of Arizona. The FTC simultaneously sought a temporary restraining order (TRO), which the court granted the following day. Among other things, the TRO prohibits the defendants from: (i) conducting similar business activities; (ii) violating the Telemarketing Sales Rule; and (iii) using or disseminating consumer information obtained through the fraudulent activities. Additionally, the TRO freezes the defendants’ assets and places the companies in receivership until relief is determined.