Overseas Payment Processor and its Former CEO Settle FTC Allegations That They Enabled a Deceptive “Free Trial” Offer Scheme
A Latvian payment processor and its former CEO have agreed to settle the Federal Trade Commission’s complaint against them. The complaint alleges that they engaged in unlawful conduct that enabled a deceptive “free trial” offer scheme by U.S.-based defendants.
“Transact Pro helped scammers drain people’s accounts without their permission,” said Andrew Smith, Director of the Bureau of Consumer Protection. “The FTC will continue to aggressively pursue payment processors that are complicit in illegal conduct, whether they operate at home or abroad.”
According to the FTC’s 2018 complaint, Apex Capital Group, LLC, its principals, and related entities marketed supposed “free trial” offers for personal care products and dietary supplements online, but instead billed consumers the full price of the products and enrolled them in negative option continuity plans without their consent.
To further the scheme, the Apex Capital defendants allegedly used dozens of shell companies and straw owners in the United States and the United Kingdom to obtain and maintain the merchant accounts needed to accept consumers’ credit and debit card payments, an illegal practice known as “credit card laundering.” In September 2019, the Apex Capital defendants settled the FTC’s complaint, agreeing to cease the allegedly illegal conduct and surrender assets valued at between $3 million and $6 million.
In May 2019, the FTC filed an amended complaint adding the Latvian financial institution SIA Transact Pro (Transact Pro) and its former CEO, Mark Moskvins, to the case. According to the amended complaint, the Transact Pro defendants illegally maintained merchant accounts for the Apex scheme in the name of shell companies and enabled the Apex Capital defendants’ efforts to evade credit card chargeback monitoring programs.
The final order announced today resolves the Commission’s charges against the Transact Pro defendants and prohibits them from the conduct alleged in the complaint, including credit card laundering. It also bans them from payment processing, or assisting others in payment processing, for certain categories of merchants and requires enhanced screening and monitoring procedures for the company’s “high-risk” clients.
Finally, it imposes a $3.5 million judgment against the Transact Pro defendants, which the FTC may use to provide refunds to consumers defrauded by the Apex Capital “free trial” scheme.
The Commission vote approving the proposed stipulated final order was 5-0. The FTC filed the proposed order in the U.S. District Court for the Central District of California, and it has now been entered by the court.
NOTE: Stipulated final orders have the force of law when approved and signed by the District Court judge.
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