{"id":6138,"date":"2023-10-13T08:00:00","date_gmt":"2023-10-13T12:00:00","guid":{"rendered":"https:\/\/tvdelmarva.com\/?p=6138"},"modified":"2023-12-01T14:27:23","modified_gmt":"2023-12-01T19:27:23","slug":"court-rules-in-ftcs-favor-in-case-against-telemarketing-company-that-bombarded-job-seekers-with-millions-of-illegal-unsolicited-calls","status":"publish","type":"post","link":"https:\/\/tvdelmarva.com\/wp\/court-rules-in-ftcs-favor-in-case-against-telemarketing-company-that-bombarded-job-seekers-with-millions-of-illegal-unsolicited-calls\/","title":{"rendered":"Court Rules in FTC\u2019s Favor in Case Against Telemarketing Company that Bombarded Job Seekers with Millions of Illegal, Unsolicited Calls"},"content":{"rendered":"<p class=\"Default\">A <a href=\"https:\/\/www.ftc.gov\/system\/files\/ftc_gov\/pdf\/edutrek_decision_and_order_granting_summary_judgment_in_part.pdf\">federal judge in Illinois has ruled in favor of the Federal Trade Commission<\/a><b>\u00a0\u00a0<\/b>in a case the FTC has been litigating since <a href=\"https:\/\/www.ftc.gov\/news-events\/news\/press-releases\/2019\/04\/ftc-charges-telemarketing-operation-misleading-job-seekers-making-millions-illegal-unsolicited-calls\">2019 against a telemarketing company and its owners<\/a><span class=\"MsoHyperlink\">, finding they made millions of illegal, unsolicited calls to consumers on the Do Not Call Registry.\u00a0 <\/span><\/p>\n<p>The court found that corporate defendants Day Pacer, LLC and Edutrek, L.L.C. purchased consumers\u2019 contact information primarily from websites claiming to help people find jobs, and instead illegally called those consumers to market unsolicited vocational or post-secondary education services. The court also found that the defendants assisted and facilitated other telemarketing companies by paying them to make approximately 40 million calls to consumers on the Do Not Call Registry. Additionally, the court found that individual defendants Raymond Fitzgerald, Ian Fitzgerald, and David Cumming directly participated in or had authority to control the corporations\u2019 deceptive acts or practices, and were therefore also liable.<\/p>\n<p>The court found that the defendants knowingly violated the Telemarketing Sales Rule, citing evidence that the defendants had ignored repeated complaints from consumers and warnings from business partners.<\/p>\n<p>In granting summary judgment, the court found that the FTC was entitled to both injunctive relief and civil penalties. The court has scheduled a hearing to determine the amount of the civil penalty award and the scope of injunctive relief.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A federal judge in Illinois has ruled in favor of the Federal Trade Commission\u00a0\u00a0in a case the FTC has been litigating since 2019 against a telemarketing company and its owners, finding they made millions of illegal, unsolicited calls to consumers on the Do Not Call Registry.\u00a0 The court found that corporate defendants Day Pacer, LLC [&hellip;]<\/p>\n","protected":false},"author":13,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[29],"tags":[],"class_list":["post-6138","post","type-post","status-publish","format-standard","hentry","category-news"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/pbtNqq-1B0","jetpack-related-posts":[{"id":6945,"url":"https:\/\/tvdelmarva.com\/wp\/court-finalizes-injunction-and-monetary-judgment-against-illegal-telemarketing-operation-and-its-owners\/","url_meta":{"origin":6138,"position":0},"title":"Court Finalizes Injunction and Monetary Judgment against Illegal Telemarketing Operation and its Owners","author":"ndrayton","date":"January 31, 2024","format":false,"excerpt":"A federal district court has entered final orders against a telemarketing company and its owners, who made millions of illegal, unsolicited calls to people that were registered on the Do Not Call Registry. The court ordered the defendants to pay $28.7 million\u00a0in civil penalties and permanently banned\u00a0the defendants from participating\u2026","rel":"","context":"In &quot;News&quot;","block_context":{"text":"News","link":"https:\/\/tvdelmarva.com\/wp\/category\/news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":6529,"url":"https:\/\/tvdelmarva.com\/wp\/california-based-lead-generator-agrees-to-settlement-banning-it-from-making-or-assisting-others-in-making-telemarketing-calls-including-robocalls\/","url_meta":{"origin":6138,"position":1},"title":"California-based Lead Generator Agrees to Settlement Banning It from Making or Assisting Others in Making Telemarketing Calls, Including Robocalls","author":"vgraham","date":"January 2, 2024","format":false,"excerpt":"California-based lead generator Response Tree LLC and its president, Derek Thomas Doherty, will be banned from making or assisting anyone else in making robocalls or calls to phone numbers on the FTC\u2019s Do Not Call (DNC) Registry under a proposed order settling Federal Trade Commission charges that they operated more\u2026","rel":"","context":"In &quot;News&quot;","block_context":{"text":"News","link":"https:\/\/tvdelmarva.com\/wp\/category\/news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":6193,"url":"https:\/\/tvdelmarva.com\/wp\/ftc-acts-against-operators-of-income-scheme-the-sales-mentor-that-charged-consumers-millions-for-bogus-telemarketing-advice\/","url_meta":{"origin":6138,"position":2},"title":"FTC Acts Against Operators of Income Scheme \u201cThe Sales Mentor\u201d That Charged Consumers Millions for Bogus Telemarketing Advice","author":"jmayfield","date":"December 11, 2023","format":false,"excerpt":"The Federal Trade Commission has obtained proposed orders against the operators of a wide-ranging scheme known as \u201cThe Sales Mentor\u201d that made millions by falsely promising consumers that they could make big money from telemarketing sales. The defendants have agreed to proposed court orders that would require them to pay\u2026","rel":"","context":"In &quot;News&quot;","block_context":{"text":"News","link":"https:\/\/tvdelmarva.com\/wp\/category\/news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":6480,"url":"https:\/\/tvdelmarva.com\/wp\/ftc-sues-grand-canyon-university-for-deceptive-advertising-and-illegal-telemarketing\/","url_meta":{"origin":6138,"position":3},"title":"FTC Sues Grand Canyon University for Deceptive Advertising and Illegal Telemarketing","author":"jhenderson2","date":"December 27, 2023","format":false,"excerpt":"The Federal Trade Commission has filed suit against Grand Canyon Education (GCE), Inc., Grand Canyon University (GCU), and Brian Mueller\u2014the CEO of GCE and president of GCU\u2014for deceiving prospective doctoral students about the cost and course requirements of its doctoral programs and about being a nonprofit, while also engaging in\u2026","rel":"","context":"In &quot;News&quot;","block_context":{"text":"News","link":"https:\/\/tvdelmarva.com\/wp\/category\/news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":6525,"url":"https:\/\/tvdelmarva.com\/wp\/xcast-labs-will-be-banned-from-supporting-illegal-telemarketing-practices-to-settle-ftc-charges-it-assisted-and-facilitated-in-sending-hundreds-of-millions-of-illegal-robocalls\/","url_meta":{"origin":6138,"position":4},"title":"XCast Labs Will Be Banned from Supporting Illegal Telemarketing Practices to Settle FTC Charges It Assisted and Facilitated in Sending Hundreds of Millions of Illegal Robocalls","author":"vgraham","date":"January 2, 2024","format":false,"excerpt":"Voice over Internet Protocol (VoIP) provider XCast Labs, Inc., agreed to settle Federal Trade Commission charges that it funneled hundreds of millions of illegal robocalls through its network, even after receiving multiple warnings about the unlawful conduct. Under the proposed court order, XCast Labs will be required to implement a\u2026","rel":"","context":"In &quot;News&quot;","block_context":{"text":"News","link":"https:\/\/tvdelmarva.com\/wp\/category\/news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":11313,"url":"https:\/\/tvdelmarva.com\/wp\/ftc-acts-to-stop-scheme-that-bilked-millions-out-of-student-loan-borrowers\/","url_meta":{"origin":6138,"position":5},"title":"FTC Acts to Stop Scheme that Bilked Millions out of Student Loan Borrowers","author":"ndrayton","date":"December 9, 2024","format":false,"excerpt":"The Federal Trade Commission has stopped a scheme that allegedly bilked millions of dollars out of consumers burdened with student loan debt by pretending to be affiliated with\u00a0the U.S. Department of Education in violation of the FTC\u2019s Impersonation Rule, collecting illegal advance fees, and making other deceptive claims.A\u00a0federal court temporarily\u2026","rel":"","context":"In &quot;News&quot;","block_context":{"text":"News","link":"https:\/\/tvdelmarva.com\/wp\/category\/news\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/tvdelmarva.com\/wp\/wp-content\/uploads\/2023\/10\/Seal_of_the_United_States_Federal_Trade_Commission.svg_.png?fit=640%2C360&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/tvdelmarva.com\/wp\/wp-content\/uploads\/2023\/10\/Seal_of_the_United_States_Federal_Trade_Commission.svg_.png?fit=640%2C360&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/tvdelmarva.com\/wp\/wp-content\/uploads\/2023\/10\/Seal_of_the_United_States_Federal_Trade_Commission.svg_.png?fit=640%2C360&ssl=1&resize=525%2C300 1.5x"},"classes":[]}],"jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"_links":{"self":[{"href":"https:\/\/tvdelmarva.com\/wp\/wp-json\/wp\/v2\/posts\/6138","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tvdelmarva.com\/wp\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tvdelmarva.com\/wp\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tvdelmarva.com\/wp\/wp-json\/wp\/v2\/users\/13"}],"replies":[{"embeddable":true,"href":"https:\/\/tvdelmarva.com\/wp\/wp-json\/wp\/v2\/comments?post=6138"}],"version-history":[{"count":1,"href":"https:\/\/tvdelmarva.com\/wp\/wp-json\/wp\/v2\/posts\/6138\/revisions"}],"predecessor-version":[{"id":6139,"href":"https:\/\/tvdelmarva.com\/wp\/wp-json\/wp\/v2\/posts\/6138\/revisions\/6139"}],"wp:attachment":[{"href":"https:\/\/tvdelmarva.com\/wp\/wp-json\/wp\/v2\/media?parent=6138"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tvdelmarva.com\/wp\/wp-json\/wp\/v2\/categories?post=6138"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tvdelmarva.com\/wp\/wp-json\/wp\/v2\/tags?post=6138"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}