Fake Car Warranty Telemarketer Must Pay $3M

The owner of a U.S. telemarketing firm who blasted U.S. consumers with millions of illegal auto “warranty” robocalls last year will pay approximately $2.3 million, give up his Mercedes, and be barred from telemarketing, under a settlement with the Federal Trade Commission that wraps up the agency’s case against the deceptive operation. In sum, the FTC is collecting nearly $3 million to reimburse victims of the scam.

The settlements resolve FTC charges that Damian Kohlfeld and his two firms made millions of illegal prerecorded calls to consumers nationwide in an attempt to deceive them into buying extended auto warranties or service contracts. The robocalls misled consumers into thinking that the callers were affiliated with consumers’ car dealerships or manufacturers, and that their auto warranty was expiring or about to expire.

The U.S. Federal Trade Commission says the scam raised close to $48 million. Under a settlement deal with the FTC, Damian Kohlfeld will pay $2.2 million, liquidate two investment accounts worth $130,000 and sell his 2006 Mercedes. All of the money collected will be used for consumer redress.

The settlement order also bans Kohlfeld from telemarketing or assisting others engaged in telemarketing, prevents him from making the misrepresentations alleged in the FTC’s complaint, and bars him from making any misrepresentations related to the sale of any goods or services.

"Fortunately for American consumers, the telemarketers who were responsible for millions of unsolicited and annoying robocalls will never be able to telemarket again," said FTC chairman Jon Leibowitz.

"We've also taken away all of their money to provide redress to consumers who were defrauded."

Story

Comments

  • 0
    crime pays
    | 4 replies
    Hmmm, you raise $48 million, then pay "nearly $3 million" in fines. Nice profit margin!
  • 0
    lone stranger
    "We've also taken away all of their money to provide redress to consumers who were defrauded."

    Let's see - $48 million - $ 3 million, leaves $45 million unaccounted for.  Are you sure you took away ALL of their money, Chairman Leibowitz ?

    I think the consumers may find the redress money is a bit short, don't you ?
  • 0
    joe
    | 4 replies
    How do I know this was not posted by an even bigger scamer to make everyone at easy. Its poorly written and has no real content other than over explanation.
  • 0
    Julia replies to joe
    please click on the link at the bottom of the story to go to the FTC site and read the official press release. The fact that $48M were raised by the scam can be found in the final court orders also located at the above link.
  • 0
    Bryan
    That's funny, there's still $45 million that they didn't collect and I don't see any mention of any jail time in that article.  I'm in the wrong business.
  • 0
    Julia
    | 4 replies
    IT IS funny how little was left. 94% missing must account for the operating expenses :) The court orders mention that the defendants are unable to pay..... If later it's discovered that they misrepresented their financial situation, they will be held liable.
  • 0
    Ruf
    A $50 million dollar scam and he gets a slap on the wrist with no jail time. Tens of thousands of people were victimized...who's side is the FTC on?  This is a crock of [***].
  • 0
    Stephanie replies to crime pays
    That's exactly what I was thinking! What about the folks he bilked out of their hard-earned money?! I live in the Foothills of the Great Smokey Mountains and a man in Gatlinburg stole MILLIONS from people who thought they were investing their retirement money but he only received jail time. He gets three hots and a cot AND medical and dental  and some of his victims can't even afford their prescriptions now! What is wrong with our country??!
  • 0
    lone stranger replies to Julia
    | 3 replies
    Julia,

    Surely you aren't suggesting that these nice car warranty people would be less than truthful about their assets ?  I mean, VOIP service is sooo expensive, and then there are all those highly paid phone thralls to take care of...  And after all, if the money is in an offshore account, say, maybe in the Bahamas, it wouldn't be like they actually had the money.  That's so far away, they could probably never get that money back.  Poor folks, in all this trouble, and their $45 million locked up in some hot, damp, salty Bahamas' bank vault where they could NEVER withdraw it.  Now I feel sad for them.  I'm going to blog my sadness and then start a legal defense fund to help them out...

    When Hades freezes over, that is.... >;^)

    Thanks for all you do in providing this site !
  • 0
    stevenw
    "Fortunately for American consumers, the telemarketers who were responsible for millions of unsolicited and annoying robocalls will never be able to telemarket again," said FTC chairman Jon Leibowitz.

    Somehow I find that hard to believe.   Until these guys get locked up for serous time they will never stop.   Commentators here on 800Notes obviously are far better at math than the FTC.    These crooks have 45 million out there stashed away and couldn't care less about the 3 million in fines.   And why shouldn't  these guys start telemarketing again?  What, is the court going to fine them chump change for contempt after they make millions more?    The laws are meaningless if they don't have the power to deter, and if the past is any indicator, these "victories" will only encourage more of the same.
  • 0
    dano
    rest of the story:

    has anyone seen any explanation from the ftc about where the other 45 mil is.  or if or when they intend to get out there and find it.  or why these thieves walked away scott free?  you might do 2 to 5 yrs for simple auto theft.  

    if our legal system is effectively stating that this crime was not particularly henious, who am i to argue.  anyone need an extended warantee?
  • 0
    dano
    | 1 reply
    my interest in this story stems from a conversaiton i had with just such a scammer outfit.  they called my phone for the umteenth time, i finally answered and engaged.  their spokesperson said that according to their records my auto's warrantee was just about to expire and that they offered and extention for a fee.  i said that i was interested, tell me more.  she then asked "ok, what kind of car do you own?"  to which i said: "duh, seems you'd know at least that if you know the warrantee is up".  click.
  • 0
    Just Jay replies to dano
    LMFAO i too had a call from them. after getting 3 a day i did what you did & actually talked to them. Same thing as you, got the spiel & the pitches...everything. so when they asked me what kind of car i had i replied "well i don't have a car!". all i got was a mumble about wasting THEIR time & a hang-up.

    what NERVE of me wasting THEIR time eh?
  • 0
    John R.
    I wonder how much (on average) this company stole from each victim.  "Nearly $3 million" won't amount to much once it's divided among thousands of people.  I was involved in a similar rip-off long ago and lost over $4,000.  When the company was sued years later, I only received about $230 from the settlement.
  • -1
    Patrick replies to lone stranger
    Lone Stranger,

    Why would they not be able to acces their $40+ million dollars? If they are 'smart' enough to come up with these scams, then they are smart enough to get access to their money. For all you know, it could be in the form of cash buried in the ground out in the desert.

    I just saw (on one of those COP shows) a couple ladies that got pulled over on the highway. They found, I believe, more than $1 million dollars cash in their trunk. To this day, nobody knows where these two women got all that money. If they can transport large amounts of "mysterious" money, then anyone can.

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