Case 1:15-cv-00112-WMS Document 1 Filed 02/09/15 Page 1 of 28

JONATHAN E. NUECHTERLEIN
General Counsel
ROBIN E. EICHEN
KAREN DAHLBERG
BRIAN N. LASKY
Federal Trade Commission
One Bowling Green, Suite 31 8
New York, NY I 0004
Telephone: (21 2) 607-2829
Attorneys for Plaintiff
FEDERAL TRADE COMMISSION

ERIC T. SCHNEIDERMAN
Attorney General ofthe State ofNew York
JAMES M. MORRISSEY
Assistant Attorney General
350 Main Street, Suite 300A
Buffalo, NY 14202
Telephone: (716) 853-8471
Attorney for Plaintiff
STATE OF NEW YORK

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NEW YORK

FEDERAL TRADE COMMISSION, and

PEOPLE OF THE STATE OF NEW YORK, by

ERIC T. SCHNEIDERMAN, Attorney General
of the State of New York,

Plaintiffs, Case No . _ __ _ _

v.

4 STAR RESOLUTION LLC, a Colorado

COMPLAINT FOR PERMANENT
limited liability company, also doing business as
INJUNCTION AND OTHER EQUJTABLE
Consumer Recovery Group, Four Star Capital
RELIEF
Services, Four Star Resolution Services, LLC, and
FS Mediation Group,

PROFILE MANAGEMENT, INC., a New York

corporation,

INTERNATIONAL RECOVERY SERVICE

LLC, a New York limited liability company, also
doing business as Financial Mediation Group,
 case 1:15-cv-00112-WMS Document 1 Filed 02/09/15 Page 2 of 28

C HECK SOL UTIONS SERVICES IN~.• a

Colorado corporation, also doing business as
County Check Services,

C H ECK FRAUD SERVICE L LC, a Georgia

limited liability company, formerly known as
Check Fraud Services, LLC, and also doi ng
business as Check Services and CFS & Associates.
Inc.,

M E RC HANT RECOVE RY S ERVIC E, INC., a

North Carolina corporation, also doing business as
Mandatory Arbitration Services and POL Recovery
Services,

FOURSTAR R EVENUE MANAG EMENT

L LC. a New York limited liability company,

TRAVEL L THO M AS, individually, and as

principal. manager, and/or officer of 4 Star
Resolution LLC, Profile Management, Inc.,
International Recovery Service LLC, Check
Solutions Services Inc., Check Fraud Service LLC,
and Merchant Recovery Service, Inc.,

M AURICE SESSUM , individually, and as

principal, manager~ and/or officer of 4 Star
Resolution, LLC, Profil e Management, Inc.,
International Recovery Service LLC, and Check
Fraud Service LLC, and

C HARLES BLAKELY III, individually, and as

principal, manager, and/or officer of Merchant
R~:covery Service, Inc.,

Defendants,

also doing business as American Asset

Management, American Asset Recovery, Asset
Retention Services, Check Services International,
County Arbitration, LLC, Debt Resolution
Services, District Restitution Services, Four Star
Mediation Group, Global Management Group,
Hansen Law Firm, IRG & Associates, POL
Recovery Services, PMI & Associates, Inc., PMR
Law Group, Profile Arbitration Enforcement, and
other business names.
 case 1:15-cv-00112-WMS Document 1 Filed 02/09/15 Page 3 of 28

Plaintiffs the Federal Trade Commission ("FTC") and The People of the State ofNew

York ("State ofNew York") (collectively, "Plaintiffs") for their Complaint allege:

I. The FTC brings this action under Section 13(b) of the Federal Trade Commission

Act ("FTC Act''), 15 U.S.C. § 53(b}, and Section 814 ofthe Fair Debt Collection Practices Act

("FDCPA"), 15 U.S.C. § 1692/, to obtain temporary, preliminary, and permanent injunctive

relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement

of ill-gotten monies, and other equitable relief for Defendants' acts or practices in violation of

Section 5(a) ofthe FTC Act, 15 U.S.C. § 45(a), and in violation of the FDCPA, 15 U.S.C.

§§ 1692-1692p, in connection with the collection of debt or purported debt.

2. The State ofNew York, by and through the Office of the Attorney General

("OAG"), brings this action under New York Executive Law§ 63(12) and New York General

Business Law Article 22-A, § 349, and Article 29-H, § 602, to obtain damages, restitution,

injunctive and equitable relief and penalties ofup to $5,000 for each violation of General

Business Law Article 22-A.

.ruRISDICTION AND VENUE

3. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1337(a).

and 1345, and 15 U.S.C. "§§ 45(a), 53(b), and 16927. Subject matter jurisdiction is conferred

upon this Court with respect to the supplemental state law claims of the State of New York by 28

u.s.c. § 1367.
4. Venue is proper in this district under 28 U.S.C. § 139 l{b) and {c), and 15 U.S.C.

§ 53(b).
 case 1:15-cv-00112-WMS Document 1 Filed 02/09/15 Page 4 of 28

PLAINTIFFS

5. The FTC is an independent agency of the United States Government created by

statute. 15 U.S.C. §§ 41-58. The FTC enforces Section 5(a) ofthe FTC Act, 15 U.S.C. § 45(a),

which prohibits unfair or deceptive acts or practices in or affecting commerce. The FTC also

enforces the FDCPA, 15 U.S.C. §§ 1692-1692p, which prohibits deceptive, abusive, and unfair

debt collection practices.

6. The FTC is authorized to initiate federal district court proceedings, by its own

attorneys, to enjoin violations of the FTC Act and the FDCPA, and to secure such equitable relief

as may be appropriate in each case, including rescission or reformation of contracts, restitution,

the refund of monies paid, and the disgorgement of ill-gotten monies. t 5 U.S.C. §§ 53(b),

56(a)(2)(A), and 1692/(a). Section 814 ofthe FDCPA further authorizes the FTC to use all of

the functions and powers of the FTC under the FTC Act to enforce compliance by any person

with the FDCPA. 15 U.S.C. § 1692/.

7. The State ofNew York, by its Attorney General, is authorized to take action to

enjoin (i) repeated and persistent fraudulent and illegal business conduct under New York

Executive Law§ 63(12); (ii) deceptive business practices under New York General Business

Law § 349; and (iii) illegal debt collection practices under General Business Law § 602; and to

obtain legal or equitable relief. including rescission or reformation of contracts, restitution, the

appointment of a receiver, disgorgement of ill-gotten monies, or other relief as may be

appropriate.

DEFENDANTS

8. Defendants are "debt collectors" as defined in Section 803(6) of the FDCPA, 15

U.S.C. § 1692a(6).

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9. Defendants are "principal creditors" to whom a debt is owed, due, or asserted to

be owed or due, or agents of principal creditors, as defined in Section 600 ofNew York General

Business Law.

Corporate Defendants

10. Defendant 4 Star Resolution LLC ("4 Star Resolution"), also doing business as

Consumer Recovery Group, Four Star Capital Services, Four Star Resolution Services, LLC, and

FS Mediation Group, is a Colorado limited liability company that has held itself out as doing

business from addresses including the following: 1839 Seneca Street, Buffalo, New York; 2400

Seneca Street, Buffalo, New York; 3735 Genesee Street, Cheektowaga, New York; 2800 Walden

Avenue, Cheektowaga,.New York; 4779 Transit Road, Suite 8, Depew, NY; and 4 Robert Speck

Parkway~ Mississaugua, Ontario, Canada. 4 Star Resolution transacts or has transacted business

in this district and throughout the United States.

II. Defendant Profile Management, Inc. ("Profile Management") is a New York

corporation that has held itself out as doing business from 1839 Seneca Street, Buffalo, New

York. Profile Management transacts or has transacted business in this district and throughout the

United States.

12. Defendant International Recovery Service LLC ("International Recovery

Service"), also doing business as Financial Mediation Group, is a New York limited liability

company that has held itself out as doing business from addresses including the following: 3735

Genesee Street. Cheektowaga, New York; 3806 Union Road, Cheektowaga, New York; and

3843 Union Road, Cheektowaga, New York. International Recovery Service transacts or has

transacted business in this district and throughout the United States.

13. Defendant Check Solutions Services Inc. ("Check Solutions Services"), also

doing business as County Check Services, is a Colorado corporation that has held itself out as

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 case 1:15-cv-00112-WMS Document 1 Filed 02/09/15 Page 6 of 28

doing business from addresses including the following: 655 Pullman Avenue, Rochester, New

York; 6039 Fallsview Boulevard, Suite 2000, Niagara Falls, Ontario, Canada; and 147-7000

McLeod Road, Niagara Falls, Ontario, Canada. Check Solutions Services transacts or has

transacted business in this district and throughout the United States.

14. Defendant Check Fraud Service LLC ("Check Fraud Service"), formerly known

as Check Fraud Services, LLC, also doing business as Check Services and CFS & Associates, is

a Georgia limited liability company that has held itself out as doing business from addresses

including the following: 2905 Jordan Court, Suite B-205, Alpharetta, Georgia; 178 Alpharetta

Highway, Suite 375, Alpharetta, Georgia; 3070 Windward Plaza, Suite F295, Alpharetta,

Georgia, and 12850 Highway 9, Suite 600, Alpharetta, Georgia. Check Fraud Service transacts

or has transacted business in this aistrict and throughout the United States.

15. Defendant Merchant Recovery Service, Inc. ("Merchant Recovery Service"), also

doing business as Mandatory Arbitration Services and POL Recovery Services, is a North

Carolina corporation that has held itself out as doing business from addresses including the

following: 85 I 4 McAlpine Park Drive, Suite 280, Charlotte, North Carolina and an apartment

building in Charlotte, North Carolina. Merchant Recovery Service transacts or has transacted

business in this district and throughout the United States.

16. Defendant Fourstar Revenue Management LLC {"Fourstar Revenue

Management") is a New York limited liability company that was formed on or about March 3 1,

2014, and has held itself out as doing business from addresses including the following: I 839

Seneca Street, Buffalo, New York and 7900 East Union A venue, Suite I 100, Denver, Colorado.

Fourstar Revenue Management transacts or has transacted business in this district and throughout

the United States.

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 case 1:15-cv-00112-WMS Document 1 Filed 02/09/15 Page 7 of 28

Individual Defendants

I 7. Defendant Travell Thomas ("Thomas") is or has been a principal, owner,

manager, and/or officer of 4 Star Resolution, Profile Management, International Recovery

Service, Check Solutions Services, Check Fraud Service, Merchant Recovery Service, and

Fourstar Revenue Management (collectively, the "Corporate Defendants"). Thomas formed

Check Solutions Services, Check Fraud Service, and Fourstar Revenue Management. He is or

has been a signatory for the deposit and/or checking accounts at Bank of America, N.A. ("Bank

of America") and RBS Citizens, N.A. ("RBS Citizens") for 4 Star Resolution, Profile

Management, International Recovery Service, Merchant Recovery Service, and Check Fraud

Service. In addition, he is or has been on the payroll of 4 Star Resolution, Profile Management,

International Recovery Service, and Check Fraud Service, and received payments from Merchant

Recove(y Service. Thomas shared or has shared an office with Defendant Maurice Sessum at

1839 Seneca Street, Buffalo, New York, where 4 Star Resolution, Profile Management, and

Fourstar Revenue Management conducted business, and where many ofthe unlawful debt

collection practices described in this Complaint occurred.

18. At times material to this Complaint, acting alone or in concert with others,

Thomas has formulated, directed, controlled, had the authority to control, or participated in the

acts and practices of the Corporate Defendants, including the acts and practices set forth in this

Complaint. Thomas resides in this district and, in connection with the matters alleged herein,

transacts or has transacted business in this district and throughout the United States.

19. Defendant Maurice Sessum ("Sessum") is or has been a principal, owner,

manager, and/or officer of some or all of the Corporate Defendants, including 4 Star Resolution,

Profile Management, International Recovery Service, and Check Fraud Service. Sessum formed

Check Fraud Service With Thomas. Sessum is or has been a signatory on deposit and/or
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 Case 1:15-cv-00112-WMS Document 1 Filed 02/09/15 Page 8 of 28

checking accounts for 4 Star Resolution, Profile Management, and International Recovery

Service at Bank of America and RBS Citizens. In addition, he is or has been on the payroll of 4

Star Resolution, Profile Management, International Recovery Service, and Check Fraud Service,

and received payments from Merchant Recovery Service. Sessum shares or has shared an office

with Thomas at 1839 Seneca Street, Buffalo, New York, where 4 Star Resolution, Profile

Management, and Fourstar Revenue Management conducted business, and where many of the

unlawful debt collection practices described in this Complaint occurred.

20. At times material to this Complaint, acting alone or in concert with others,

Sessum has formulated, directed, controlled, had the authority to control, or participated in the

acts and practices of the Corporate Defendants, including the acts and practices set forth in this

Complaint. Sessum resides in this district and, in connection with the matters alleged herein,

transacts or has transacted business in this district and throughout the United States.

21. Defendant Charles Blakely Ill ("Blakely") is or has been a principal, owner,

manager, and/or officer of one or more of the Corporate Defendants, including Merchant

Recovery Service. He incorporated Merchant Recovery Service, is or has been a signatory for

the deposit and/or checking accounts at Bank of America and Wells Fargo Bank, N.A. for

Merchant Recovery Service, and is or has been on the payroll of Merchant Recovery Service.

22. At times material to this Complaint, acting alone or in concert with others.

Blakely has formulated, directed, controlled, had the authority to control, or participated in the

acts and practices of Merchant Recovery Service, including the acts and practices set forth in this

Complaint. Jn connection with the matters alleged herein, Blakely transacts or has transacted

business in this district and throughout the United States.

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 Case 1:15-cv-00112-WMS Document 1 Filed 02/09/15 Page 9 of 28

COMMON ENTERPRISE

23. Corporate Defenda.nts have operated as a common enterprise while engaging in

the deceptive, unfair, and abusive acts and practices alleged below. Corporate Defendants,
Thomas, Sessum, and Blakely (collectively, "Defendants") have conducted the business

practices described below through an interrelated network of companies that have (i) maintained

officers and employees in common; (ii) operated under common control; (iii) shared offices; and

(iv) commingled funds.

24. The Corporate Defendants share common officers and employees. The various

Corporate Defendants' bank records, corporate filings, payroll records, and websites show a

significant number of overlapping officers and employees. For example, Thomas is listed as

CEO and President of 4 Star Resolution, an officer of Profile Management, Vice President of

International Recovery Service, and Vice President of Merchant Recovery Service. In addition,

Thomas is or was on the payrolls of 4 Star Resolution, Profile Management, International

Recovery Service, and Check Fraud Service, and received payments from Merchant Recovery

Service. Sessum is listed as an officer and manager of both Pro~le Management and

International Recovery Service. In addition, Sessum is or was on the payrolls of 4 Star

Resolution, Profile Management, International Recovery Service, and Check Fraud Service, and

received payments from Merchant Recovery Service. 4 Star Resolution, Profile Management,

and International Recovery Service have or had at least twenty-five employees in common. 4

Star Resolution, International Recovery Service, and Merchant Recovery Service all share or

shared at least three employees. These three companies also had at least one employee in

common with Profile Management. Merchant Recovery Service and Check Fraud Service also

shared at least one employee.

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 Case 1:15-cv-00112-WMS Document 1 Filed 02/09/15 Page 10 of 28

25 . The Corporate Defendants are owned and controlled by the same individuals.

Thomas is an owner of 4 Star Resolution, Profile Management, International Recovery Service,

Check Fraud Service, and Merchant Recovery Service. Sessum is an owner of 4 Star Resolution

and International Recovery Service. ln addition, Thomas incorporated Check Solution Services

and organized 4 Star Resolution and Fourstar Revenue Management. Thomas and Sessum were

also both incorporators of Check Fraud Service.

26. Most of the Corporate Defendants share physical offices and virtual addresses.

For example, 4 Star Resolution, Profile Management, and Fourstar Revenue Management have

each conducted business at 1839 Seneca Street, Buffalo, New York, where Thomas and Sessum

shared an office and where numerous violations set forth in this Complaint have occurred.

Likewise, 4 Star Resolution, International Recovery Service, and Profile Management have

conducted business at 3735 Genesee Street, Cheektowaga, New York, where numerous

violations set forth in this Complaint have occurred. Most of the Corporate Defendants have

used shared mail drops or virtual offices, including Canadian addresses, as the business

addresses they provide to consumers and Better Business Bureaus.

27. The Corporate Defendants commingle their funds. Profile Management received

and processed consumer payments on behalf of International Recovery Service and Check

Solutions Services. Some consumers who paid Fourstar Revenue Management had their checks

deposited into one of 4 Star Resolution's bank accounts. The payroll setup fees for Merchant

Recovery Service were waived by its payroll service, Paychex, which noted at that time that "this

business is basically a child ofParent ... Profile Management." Bank records demonstrate

multiple transfers of funds among the various corporate entities.

28. Because these Corporate Defendants have operated as a common enterprise, each

of them is jointly and severalty liable for the acts and practices alleged below. Individual
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Defendants Thomas, Sessum, and Blakely have fonnulated, directed, controlled, had the

authority to control, or participated in the acts and practices of one or more of these Corporate

Defendants.

COMMERCE

29. At all times material to this Complaint, Defendants have maintained a substantial

course oftrade in or affecting commerce, as "commerce" is defined in Section 4 of the FTC Act,

15 u.s.c. § 44.
DEFENDANTS' DECEPTIVE AND ABUSIVE COLLECTION PRACTICES

30. Since at least 2009 and continuing thereafter, Defendants have used deceptive and

abusive tactics to pressure consumers into making payments on purported debts. Defendants'

core t~ctic has been to misrepresent that consumers have committed "bank fraud," "check fraud,"

or another unlawful act related to the debts. Defendants have then claimed that consumers will

face dire consequences - including arrest and imprisonment- unless the charges of fraud are

resolved by making an immediate payment on the alleged debt over the phone. Defendants have

also failed to provide consumers with basic, truthful infonnation about Defendants, and failed to

provide consumers with statutorily-required disclosures and notices that would assist consumers

in verifying and, where appropriate, challenging the alleged debts.

Defendants Are Debt Collectors Engaging in Interstate Commerce

3 l. Defendants are third-party debt collectors that purchase portfolios of alleged

consumer payday loan and credit card debts, many of which are past the applicable legal statutes

of limitations, and collect payments on their own behalf from consumers nationwide.

32. Defendants attempt to collect debts by contacting consumers using

instrumentalities of interstate commerce, including telephones, United States mail, and electronic

mail.
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 case 1:15-cv-00112-WMS Document 1 Filed 02/09115 Page 12 of 28

Defendants Use Deception and False Threats to Extract Money from Consumers

33. Defendants perpetrate their collection scheme primarily by telephoning

consumers and making a series of misrepresentations and threats to convince the consumers to

pay the purported debts.

34. Often, a consumer's initial communication from Defendants is in the form of a

message left by Defendants' representatives on the consumer's voicemail or answering m ~chine .

A typical telephone message informs a consumer of"possible litigation pending" against the

consumer and provides a case number. The message further states that the consumer has 48

hours to resolve the issue and provides a phone number to call back and a code enabling the

consumer to speak with a claims processor. The message then warns that the failure to comply

will result in a complaint "being formalized" with the consumer's residing county.

35. When consumers call the telephone numbers contained in the phone messages,

the) are usually connected to Defendants' representatives, who will sometimes inform the

consumers that they are delinquent on a payday loan or other debt. In numerous instances,

Defendants' representatives have falsely claimed that (i) they are attorneys, investigators,

process servers, court officials, government agents, or criminal law enforcement officials, rather

than debt collectors, and; (ii) they will arrest or imprison consumers, take legal action, gantisb

consumers' wages, and/or seize their property if the consumers do not pay the alleged debts. In

fact, Defendants are private parties and do not have the legal authority to have consumers

arrested or imprisoned for the nonpayment of a private debt. Further, in most instances when

Defendants threatened consumers with legal action, no legal action was subsequently taken, and,

on information and belief, Defendants did not intend to take any such legal action. In many

instances, the claimed debts are beyond the applicable statutes of limitation, which would make

any such action unlawful. ln other cases, consumers are not obligated to pay the alleged payday

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 Case 1:15-cv-00112-WMS Document 1 Filed 02/09/15 Page 13 of 28

loan or other debt at issue because the purported debt was already paid, discharged in

bankruptcy, or the consumer never incurred the alleged debt.

36. In one typical example of Defendants' misconduct, Defendants' representative,

employing the pseudonym "Detective Jeff Ramsay," left a recorded voicemail for a Washington

State consumer ln which he false ly asserted that he was seeking to serve a bench warrant on the

consumer for "check fraud":

Hello, this is Detective Jeff Ramsey. 1 am attempting to touch

bases with [consumer] . .. . At this point, I have been mandated to
reprocess documentation. I will be back out to your place of
residence, [consumer], between the hours of4:00 and 6:00p.m.
You are to have two forms of identification, no firearms or
narcotics or loose animals on the premises. This is concerning
allegations in correlation to check fraud. I have a (inaudible)
affidavit concerning this. It appears to be a pending bench warrant
as well. 1fyou wish to actually place a stop order on the bench
warrant, [consumer], you have to touch bases with the agency that
has retained my services. That would be the NCFC, which is the
National Check Fraud Center.

37. On another occasion, Defendants' debt collectors told a consumer that her

husband had committed check and money fraud and that legal action would be taken against the

husband ifthe debt was not repaid within two days. On these calls, one of Defendant's

representatives identified himsel f as " Investigator Kearns'' and fal sely claimed that he was

employed by a government agency with its headquarters in Washington, D.C., but that the

agency was prohibited from providing consumers with its precise location following the events

of September I I, 200 1. In order to underscore the potential adverse consequences from the

consumer' s failure to pay, Investigator Keams falsely threatened the consumer that " It's the

government you're messing with!"

38. Often, when consumers ask for proof of the alleged debts, Defendants'

representatives refuse to provide such proof, and. instead, tell consumers that they will receive

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proof in court or when the debt is paid. Many consumers paid the alleged debts that Defendants

purport to be collecting because they were afraid of the threatened repercussions of failing to

pay, or because .they wanted to stop the harassment by Defendants.

39. Defendants have profited substantially from their unlawful and abusive conduct.

Since January 20 I O. Defendants have collected more than $30 million from consumers for

purported debts.

Defendants Misrepresent Their Identities to Consumers

40. The phone messages that Defendants' representatives leave fot consumers

generally do not identify that the call is being placed by or on behalf of Defendants, but instead

provide an unregistered fictitious company name or fail to reference any company name. In

addition, the messages fail to disclose that the call is coming from a debt collector who is

attempting to collect a debt from the consumer, or that any information obtained from the

consumer will be used for that purpose, as required by the FDCPA.

41. Likewise, when consumers do speak with Defendants' representatives and ask for

Defendants' name, Defendants' representatives most often do not identify themselves using their

true corporate or limited liability company name. Instead, in numerous instances, Defendants'

representatives have identified themselves with a variety of unregistered fictitious business

names, including, but not limited to, American Asset Management, American Asset Recovery,

Asset Retention Se~ices, Check Services, Check Services International, CFS & Associates, Inc.,

Consumer Recovery Group, County Arbitration. LLC, County Check Services, Debt Resolution

Services, District Restitution Services, Financial Mediation Group, Four Star Capital Services,

Four Star Mediation Group, Four Star Resolution Services, LLC, FS Mediation Group, Global

Management Group, Hansen Law Firm. IRG & Associates, Mandatory Arbitration Services,

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PDL Recovery Services, PMI & Associates, PMR Law Group, and Profile Arbitration

Enforcement.

42. In addition to using fictitious company names, Defendants use spoofed phone

numbers, and the addresses of virtual offices and remote mailboxes in the United States and

Canada in an apparent effort to avoid detection and facilitate their unlawful practices.

Defendants Fail to Provide Statutorily-Required Notices and Disclosures

43. Pursuant to Section 809(a) of the FDCPA, a debt collector must provide to

consumers in its initial communication, or within five days after that initial communication, a

written notice setting forth certain specifically defined information about the debt, including a

statement that unless the consumer disputes the validity of the debt within thirty days after

receipt of the notice, the debt will be assumed to be valid by the debt collector. 15 U.S.C. §

1692g. Defendants frequently fail to provide such statutorily-required written notice.

44. In those instances when Defendants do send a validation notice to consumers, the

required disclosures are in small print, and other statements contained in the notice, such as

threats of legal action within the thirty-day validation period, often overshadow the mandatory

FDCPA disclosure language.

Defendants Use Abusive and Profane Language When Speaking with Consumers

45. During their collection calls, Defendants often use profane language or language

the natural consequence of which is to abuse the hearer, such as calling the consumer a "f_ eking

no good liar,'' "idiot," "dummy,'' ''piece of scum," "thief," "dirtbag," "scumbag," or "loser."

Unlawful Disclosure of Information to Third Parties

46. Jn numerous instances, Defendants have contacted third parties, including

friends, family members, or employers of putative debtors. ln many instances, Defendants have

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disclosed information about a purported debt to these third parties prior to obtaining a final

judgment against the putative debtor.

47. . ln some instances, Defendants have told third parties that putative debtors have

committed "bank fraud," "check fraud," or "identity theft., " and that putative debtors were going

to be arrested or imprisoned if a debt is not paid.

48. For example, Defendants' representatives repeatedly called both the legal

department and human resources department of a Texas consumer's employer, claiming that the

Defendants intended to serve legal papers on the consumer. On another occasion, Defendants'

representative called a friend of a Tennessee consumer about the consumer's debt. The

representative identified himself as a private investigator and claimed that a sheriff would be

visiting the friend's house because the consumer had committed "identity theft" by using the

friend's information to write a "bad check."

VIOLATIONS OF THE FfC ACT

49. Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), prohibits ·•unfair or deceptive acts

or practices in or affecting commerce."

SO. Misrepresentations or deceptive omissions of material fact constitute deceptive

acts or practices prohibited by Section 5(a) ofthe FTC Act

COUNT I

False or Unsubstantiated Representations

(By Plaintiff FTC Against All Defendants)

5 I. ln numerous instances, in connection with the collection of alleged consumer

debts, Defendants have represented, directly or indirectly, expressly or by implication, that:

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(a) Defendants' debt collector is an investigator, officer of the court, affiliated

with a police or sheriff's department, or is working in coordination with a law

enforcement agency;

{b) The consumer has committed "bank fraud, " "check fraud," or another criminal

act;

(c) Nonpayment of an alleged debt will result in the consumer's arrest,

imprisonment, or in the seizure, or garnishment of the consumer's property or

wages;

(d) Defendants' debt collector is a process server, or is working with a process

server, and is seeking to serve the consumer with legal papers pertaining to a

lawsuit against the consumer;

(e) Defendants' debt collector is a lawyer, employed by a lawyer, or working with

a lawyer who has reviewed the consumer's case and is preparing a lawsuit

against the consumer; and

(f) Defendants have filed, or intend to file imminently, a lawsuit against the

consumer.

52. In truth and in fact, in all or numerous instances in which Defendants have made

the representations set forth in Paragraph 51 of this Complaint:

(a) Defendants' debt collector is not an investigator or officer of the court, is not

affiliated with a police or sheriffs department, and is not working in

coord ination with a law enforcement agency;

(b) The consumer has not committed ' 'bank fraud,'' "check fraud," or another

criminal act;

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(c) Nonpayment of an alleged debt will not result in the consumer's arrest,

imprisonment, or in the seizure, or garnishment of the consumer' s property or

wages;

(d) Defendants' debt collector is not a process server, is not working with a

process server, and is not seeking to serve the consumer with legal papers

pertain ing to a lawsuit against the consumer;

(e) Defendants' debt collector is not a lawyer, is not employed by a lawyer, and is

not working with a lawyer who has rev iewed the consumer's case and is

preparing a lawsuit against the consumer; and

(f) Defendants have not filed, and, upon information and belief, do not intend to

file imminently, a lawsuit against the consumer.

53. Therefore, Defendants' representations as set forth in Paragraph 51 of this

Complaint are false or misleai:ling and constitute deceptive acts and practices in violation of

Section 5(a) of the FTC Act, 15 U.S .C. § 45(a).

VIOLATIONS OF THE FDCPA

54. In 1977, Congress passed the FDCPA, 15 U.S.C. §§ J692- 1692p, which became

effective on March 20, 1978, and has been in force since that date. Section 814 of the FDCPA,

15 U.S.C. § 1692/, provides that a violation of the FDCPA shall be deemed an unfair or

deceptive act or practice in violation of the FTC Act.

55. Defendants are "debt collectors" as defined by Section 803(6) of the FDCPA, 15

U.S.C. § 1692a(6).

56. A ''consumer," as defined in Section 803(3) of the FDCPA, IS U.S.C. § 1692a(3),

" means any natural person obligated or allegedly obligated to pay any debt."

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57. A "debt," as defined in Section 803(5) ofthe FDCPA, 15 U.S.C. § 1692a(5),

''means any obligation or alleged obligation of a consumer to pay money arising out of a

transaction in which the money, property, insurance or services which are the subject of the

transaction are primarily for personal, family, or household purposes, whether or not such

obligation has been reduced to judgment."

58. " Location information" as defined in Section 803(7) of the FDCPA, 15 U.S.C.

§ 1692a(7), means "a consumer's place of abode and his telephone number at such place, or his

place of employment.'.

COUNTD

Prohibited Communications with Third Parties

(By Plaintiff FTC Against All Defendants)

59. Section 805(b) ofthe FDCPA, 15 U.S.C. § 1692c{b), prohibits a debt collector,

without either the prior consent of the consumer, the express pennission of a court of competent

j urisdiction, or as reasonably necessary to effectuate a postjudgmentjudicial remedy, from

communicating in connection with the collection of a debt with any person other than the

consumer (defined to include the consumer's spouse, parent (if the consumer is a minor),

guardian, executor, or administrator), the consumer's attorney, a consumer reporting agency if

otherwise penni~ed by law, the creditor, the attorney of the creditor, or the attorney of the debt

collector for any purpose other than acquiring location infonnation.

60. In numerous instances, Defendants have violated Section 805(b) ofthe FDCPA

by communicating in connection with the collection of debts with third parties other than those

covered by the limited exceptions set forth in paragraph 59 of the Complaint.

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COUNT III

Harassing Conduct

(By Plaintiff FTC Against All Defendants)

61. Section 806 ofthe FDCPA, 15 U.S.C. § 1692d, prohibits a debt collector from

engaging in any conduct the natural consequence of which is to harass. oppress, or abuse any

person in connection with the collection of a debt, including by the use of obscene or p.rofane

language or language the natural consequence of which is to abuse the hearer or reader (Section

806(2) of the FDCPA, 15 U.S.C. § 1692d(2)).

62. In numerous instances, Defendants have violated Section 806 of the FDCPA by

using obscene or profane language in connection with the collection of debts.

COUNT IV

False, Deceptive, or Misleading Representations to Consumers

(By Plaintiff FTC Against AU Defendants)

63. Section 807 ofthe FDCPA, 15 U.S.C. § 1692e, prohibits a debt collector from

using any false, deceptive, or misleadin g misrepresentation or means in connection with the

collection of a debt, including

(a) falsely representing or implying that the debt collector is vouched for or

affiliated with the United States, any State, or County, such as claiming to be

an officer of the court, affiliated with a pol ice or sheriff's department, or

working in connection with prosecuting attorneys' offices (Section 807( I ) of

the FDCPA, 15 U.S.C. § 1692e(l));

(b) falsely representing the character, amount, or legal status o f any debt (Section

807(2)(A) ofthe FDCPA, 15 U.S.C. § 1692e(2)(A));

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(c) falsely representing that any individual is an attorney or that any

communication is from an attorney (Section 807(3) ofthe FDCPA, 15

U.S.C.§ J692e(3));

(d) falsely representing or implying that nonpayment of a debt will result in the

arrest or imprisonment of a person or the seizure or garnishment of any

property or wages of any person, when such action is not lawful or when the

debt collector has no intention of taking such action (Section 807(4) of the

FDCPA, 15 U.S.C.§ 1692e(4));

(e) threatening to take action that is not lawful or that the debt collector does riot

intend to take, such as filing a lawsuit, including a lawsuit on claims that are

outside of the statute oflimitations (Section 807(5) ofthe FDCPA, 15 U.S.C.

§ 1692e(5));

(f) falsely representing or implying that a person committed a crime or other

conduct in order to disgrace the person (Section 807(7) of the FDCPA, 15

U.S.C. § J692e(7));

(g) failing to disclose in the initial communication with a consumer that the debt

collector is attempting to collect a debt and that any information obtained by

the debt collector will be used for the purpose of attempting to collect a debt,

and in all subsequent communications that the communication is from a debt

collector (Section 807(11) of the FDCPA, 15 U.S.C. § 1692e(ll));

(h) using a business, company, or organization name other than the true name of

the debt collector's business, company, or organization (Section 807(14) of

the FDCPA, 15 U.S.C. § 1692e(J4)); and

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(i) using a fal se representation or deceptive means to collect or attempt to collect

any debt or to obtain information concerning a consumer (Section 807( I 0) of

the FDCPA, 15 U.S.C. § 1692e(10)).

64. In numerous instances, Defendants have violated Section 807 ofthe FDCPA by

using false, deceptive, or misleading misrepresentations or means in connection with the

collection of debts, or by fai ling to make statutori ly-required disclosures.

COUNTV

Failure to Provide a Validation Notice

(By Plaintiff FTC Against All Defendants)

65 . Section 809{a) ofthe FDCPA, 15 U.S.C. § 1692g(a), requires a debt collector to

send consumers, either within the initial communication with consumers or within five days after

the initial communication, a written notice containing: ( I) the amount of the debt; (2) the name

of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thiny

days after receipt ofthe notice. disputes the validity of the debt, or any ponion thereof, the debt

will be assumed to be val id by the debt collector; (4) a statement that if the consumer notifies the

debt collector in writing within the thiny-day period that the debt, or any ponion thereof, is

disputed, the debt collector will obtain verification of the debt or a copy of a judgment against

the consumer and a copy of such verification or judgment will be mailed to the consumer by the

debt collector; and {5) a statement that, upon the consumer 's written request within the thirty-day

period, the debt collector will provide the consumer with the name and address of the original

creditor, if different from the current creditor.

66. In numerous instances, Defendants have violated Section 809{a} ofth e FDCPA by

failing to send consumers a notice containing the information set fonh in paragraph 65 of the
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Complaint or by including statements in the notice that obscured the required FDCPA disclosure

language.

VIOLATIONS OF NEW YORK STATE LAW

COUNT VI

Repeated Fraudulent or Illegal Acts

(By Plaintiff State of New York Against All Defendants)

67. New York Executive Law § 63( 12) empowers the Attorney General to seek

restitution and injunctive relief when any person or business entity has engaged in·repeated

fraudulent or illegal acts or otherwise demonstrates persistent fraud or illegality in the carrying

on, conducting, or transaction of business.

68. Defendants have engaged in repeated fraudulent or illegal acts or otherwise

demonstrated persistent fraud or illegality in the carrying on, conducting, or transaction of their

debt collection business for purposes of Executive Law § 63( 12).

COUNT VII

Decepti~e Acts or Practices

(By Plaintiff State of New York Against All Defendants)

69. New York General Business Law§ 349 provides that "[d]eceptive acts or

practices in the conduct of any business[ ... ] in this state are hereby declared unlawful."

70. In numerous instances, Defendants have violated New York General Business

Law § 349 by engaging in deceptive acts or practices in connection with conducting their debt

collection business.

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COUNT VIII

Violation of New York State Debt Collection Law

(By Plaintiff State of New York Against AU Defendants)

7 1. New York General Business Law § 60 I sets forth a list of prohibited debt

collection practices, including:

(a) Communicating or threatening to communicate the nature of a c.laim to the

debtor's employer prior to obtaining final judgment against the debtor (N.Y.

Gen. Bus. Law§ 601(4));

(b) Threatening any action which the debt collector in the usual course of its

business did not in fact take (N.Y. Gen. Bus. Law§ 601(7)); and

{c) Claiming, or attempting or threatening to enforce a right with knowledge or

reason to know that the right does not exist (N.Y. Gen. Bus. Law§ 601(8)).

72. In numerous instances, Defendants have violated New York General Business

Law § 60 1 by engaging in prohibited debt collection practices under that statute.

COUNT IX

Violation of Assurance of Discontinuance

(By Plaintiff State of New York Against Defendant Thomas)

73. An Assurance of Discontinuance Is an agreement to settle an investigation

permitted by New York Executive Law§ 63( I 5) in' lieu of the OAG filing a civil action or

proceeding against the target of the investigation. On February 4, 20 I 3, Defendant Thomas

executed an Assurance o f D iscontinuance with the OAG related to the unlawful debt collection

practices o f a corporation owned and controlled by Thomas, which has since been disso lved

pursuant to the Assurance of Disco ntinuance.

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74. Paragraph 18 of the Assurance of Discontinuance requires that " for a period of

three (3) years following the date of execution of this Assurance, in the event that [Travell]

Thomas changes a principal place of business, incorporates a new corporation or business entity,
does business under a new name, (collectively, "Change in Business"), he shall infonn the OAG

in writing within thirty (30) days after any such Change in Business."

75. On or around March 31,2014, Defendant Thomas filed with the New York

Department of State Articles of Organization creating Fourstar Revenue Management LLC.

76. Defendant Thomas did not infonn the OAG in writing of this Change in Business

as required by Paragraph I 8 of the Assurance of Disconti_nuance.

77. By reason of the foregoing, Defendant Thomas has breached his agreement with

the OAG as set forth in the Assurance of Discontinuance.

CONSUMER INJURY

78 . Consumers have suffered and will continue to suffer substantial injury as a result

of Defendants' violations ofthe FTC Act, the FDCPA, New York Executive Law§ 63(12), and

New York General Business Law Articles 22-A and 29-H. In addition, Defendants have been

unjustly enriched as a result oftheir unlawful acts or practices. Absent injunctive relief by this

Court, DefendanLc; are likely to continue to injure ~onsumers, reap unjust enrichment, and hann

the public interest.

THJS COURT,S POWER TO GRANT RELJEF

79. Section 13(b) ofthe FTC Act, 15 U.S.C. § 53(b), and Section 814(a) ofthe

FDCPA, 15 U.S.C. § 1692/(a), empower this Court to grant injunctive and such other relief as

the Court may deem appropriate to halt and redress violations o f an~ provision of law enforced

by the FTC. The Court, in the exercise ofits equitable jurisdiction, may award ancillary relief,

including rescission or refonnat ion of contracts, restitution, the refund of monies paid, and the

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 case 1:15-cv-00112-WMS Document 1 Filed 02/09/15 Page 26 of 28

disgorgement ofill-gonen monies, to prevent and remedy any violation of any provision of law

enforced by the FTC.

80. New York Executive Law§ 63(12) empowers the Attorney General to seek

injunctive relief, restitution, damages, disgorgement, and other relief when any person or

business entity has engaged in repeated fraudulent or illegal acts, or has otherwise demonstrated

persistent fraud or illegality in the carrying on, conducting, or transaction ofbusiness. New York

General Business Law§ 349 prohibits deceptive business practices and empowers the Attorney

General to seek injunctive relief, restitution, and civil penalties when violations occur. General

Business Law Article 29-H, § 602 empowers the Attamey General to bring an action to restrain

any violation of Article 29-H, New York's Debt Collection Procedures.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs FTC and the State of New York, pursuant to Section I 3(b) of

the FTC Act, 15 U.S.C. § 53(b). Section 814(a) of the FDCPA, 15 U.S.C. § 1692/(a), New York

Executive Law § 63( 12), and New York General Business Law §§ 349, 350-d, and 602(2), and

the Court's own equitable powers, requests that the Court:

A. Award Plaintiffs such preliminary injunctive and ancillary relief as may be

necessary to avert the Hkelihood of consumer injury during the pendenc~ of this action and to

preserve the possibility of effective final relief, including but not limited to, temporary and

preliminary injunctions, an order freezing assets, immediate access, and appointment of a

receiver;

B. Enter a permanent injunction to prevent future violations of the FTC Act, the

FDCPA, New York General Business Law Articles 22-A and 29-H, and New York Executive

Law § 63( 12), by Defendants;

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 case 1:15-cv-00112-WMS Document 1 Filed 02/09/15 Page 27 of 28

C. Award such relief as the Court finds necessary to redress inj ury to consumers

resulting from Defendants' violations ofthe FTC Act, the FDCPA, New York General Business

Law Articles 22-A and 29-H, and New York Executive Law § 63(12), including, but not limited

to, rescission or reformation of contracts, restitution, the refund of monies paid, and the

disgorgement of ill-gotten monies;

D. Pursuant to New York General Business Law§ 350-d, impose a civil penalty of

$5,000 for each violation ofNew York General Business Law Article 22-A; and

E. Award Plaintiffs the costs of bringing this action, as well as such other and

additional relief as the Court may determ ine to be just and proper.

D ated: fe6YCI(.4f f, ;).t:> (r

1
Respectfully submitted,

JONATHAN E. NUECHTERLEJN
11
General Counsel

C?~ ecekz
ROBIN E. EICHEN
KAREN DAHLBERG
BRIAN N. LASKY
Federal Trade Commission
One Bowling Green, Suite 3 I8
New York, NY I 0004
Telephone: 212-607-2803 (Eichen)
Telephone: 212-607-282 I (Dahlberg)
Telephone: 21 2-607-28 14 (Lasky)
Facsimile: 2 12-607-2822
Email: reichen@ ftc.gov
Email: kdahlberg@ ftc.gov
Email: [email protected]
Allorneysjor Plaintiff Federal Trade Commission

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Case 1:15-cv-00112-WMS Document 1 Filed 02/09/15 Page 28 of 28

ERIC T. SCHNEIDERMAN
Attorney General of the State of New York

:r~rfl
JAMES M . MORRISSEY
Assistant Attorney General
350 Main Street, Suite 300A
Buffalo, NY 14202
Telephone: (il6) 85 3-84 71
Facsimile: (716) 853-8414
Email: [email protected]
Allorney for PlaintiffState ofNew York

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