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FTC Settles With Debt Telemarketers
May 8, 2008 6:56 PM
Florida attorney Randall L. Leshin, his debt management services company, Express Consolidation Inc. and telemarketer Consumer Credit Consolidation Inc. have agreed to collectively pay $2 million to settle charges they used abusive telemarketing and deception to sell consumer debt management services, according to the Federal Trade Commission. U.S. District Court for the Southern District of Florida has ordered that the defendants refrain from making false representations to sell debt management services and violating the National Do Not Call (DNC) Registry, according to the Commission. A separate order governing Express Consolidation also requires that some current customers be transferred to another debt management services provider and that all current customers be given the opportunity to shift their debt management payments to another provider, according tor the FTC. Specifically, the first order settles the Commission’s charges against Express Consolidation; Leshin as company president; Randall L. Leshin P.A. and Charles Ferdon, Express Consolidation vice president. They allegedly sold and provided debt management services under the names Express Consolidation and Debt Management Counseling Center, according to the FTC. The second court order settles the charges against telemarketer Consumer Credit Consolidation Inc. and its president, Maureen Gaviola, who were charged with using deceptive marketing to sell contracts for Leshin and Express Consolidation, according to the FTC. The complaint charges that the defendants violated the FTC Act and that the Telemarketing Sales Rule (TSR) in selling debt management services to consumers nationwide under the name of Express Consolidation, according to the FTC. Although the defendants advertised Express Consolidation as a nonprofit company, the FTC alleged that its nonprofit status was a sham, and the contracts and fees secured under its name actually benefitted Leshin. The complaint also alleged that the defendants made many other false representations including claims that the only cost for the defendants’ services was a monthly administrative fee, that fees were adjusted to comply with state law requirements, that enrollment would bring consumers specified savings and that the services would improve consumers’ credit ratings, the FTC continued. The defendants also allegedly failed to disclose the total cost of the program and falsely characterized fees as deposits or payments that would be refunded, according to the Commission. The FTC further alleged that the defendants violated the TSR by calling consumers who had placed their telephone numbers on the DNC Registry by calling consumers who said they did not want to be called, by failing to pay for access to the Registry and by abandoning calls made to consumers using voice broadcasting services. |
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