CONSUMER COLLECTION ADVOCATES RECEIVERSHIP

Federal Trade Commission, Plaintiff,
v.
CONSUMER COLLECTION ADVOCATES CORP., a Florida corporation, and
MICHAEL ROBERT ETTUS, individually and as an officer of
Consumer Collection Advocates, Corp., Defendants.
Case No. 14-CIV-62491-BLOOM
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RELATED LINKS:

Federal Trade Commission
http://www.ftc.gov/


Receiver
Melanie E. Damian, Esq. of
Damian & Valori, LLP


Legal Counsel to Receiver
Kenneth Dante Murena, Esq.

Melissa D. Visconti, Esq. of
Damian & Valori, LLP



 


 

Notice to Customers of Consumer Collection Advocates (CCA):  As of November 5, 2014, CCA has ceased operations. If CCA was taking action to collect a debt or process a claim on your behalf, please be aware that all operational activity of CCA has been terminated. We are still in the very early stages of this Receivership and do not yet know if a claims or restitution process will take place. We will contact you if a claims or restitution process is initiated. Click on the link below for the Receiver’s Initial Report to read more about the Receiver’s actions. 

Receiver's Initial Report
[click here to download]


Exhibit A
Stipulated Preliminary Injunction
[click here to download]
Order Granting Motion for Ex Parte Temporary Restraining Order with Asset Freeze, Appointment of a Receiver, Other Equitable Relief, and Order to Show Cause Why a Preliminary Injunction Should Not Issue
[click here to download]
Memorandum of Points and Authorities in Support of Ex Parte Motion for Temporary Restraining Order with Asset Freeze and Other Relief
[click here to download]
Plaintiff Federal Trade Commission's Suggestion of Receiver
[click here to download]

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA


Case No. 14-CIV-62491-BLOOM
FEDERAL TRADE COMMISSION,
Plaintiff,
v.
CONSUMER COLLECTION ADVOCATES
CORP., a Florida corporation, and
MICHAEL ROBERT ETTUS, individually
and as an officer of Consumer Collection
Advocates, Corp.,
Defendants.

On November 3, 2014, the Federal Trade Commission (“FTC”) filed a Complaint for Permanent Injunction and Other Equitable Relief in the United States District Court for the Southern District of Florida against Consumer Collection Advocates Corp.  (“CCA”) and Michael Robert Ettus as an individual and as an officer of CCA. The FTC enforcement action seeks recovery of large up-front fees paid by consumers to CCA for recovery services. The recovery services were purchased by consumers who previously suffered losses from telemarketing fraud related to timeshare resale and precious metals investment schemes. 

By charging an up-front fee, the Defendants have violated the FTC’s Trade Regulation Rule entitled the Telemarketing Sales Rule (“TSR”), 16 C.P.R. Part 310, which specifically prohibits such advanced fees. The Defendants have also violated the TSR and Section 5 of the FTC Act, 15 U.S.C. § 45(a) by misrepresenting to consumers that Defendants’ services will recover or are highly likely to recover the consumer’s previous loss within six months. After paying the up-front fee, consumers typically recovered none of their prior losses.  Indeed, by purchasing Defendants’ recovery services, consumers typically lost even more money to the telemarketing fraud. The telemarketing fraud collected revenues of close to $1.3 million from defrauded consumers. Thus, the FTC sought to stop the operation of Defendants’ telemarketing fraud.

Along with the Complaint, the FTC sought the appointment of a Receiver which relief the District Court granted in the Order Granting Motion for Ex Parte Temporary Restraining Order with Asset Freeze, Appointment of a Receiver, Other Equitable Relief and Order to Show Cause Why a Preliminary Injunction Should not Issue entered on November 4, 2014. The District Court appointed Melanie E. Damian as Receiver over Defendant CCA. Immediately upon notification of her appointment, the Receiver took control of CCA’s business operations and possession of the assets and books and records present at CCA’s office.

As Receiver, Ms. Damian will make every effort and take any action necessary and appropriate to marshal, recover, and preserve the assets of CCA for the benefit of the defrauded consumers.  Further on in the Receivership, if a Preliminary and Permanent Injunction are granted, the Receiver, upon Court approval, will liquidate any assets of CCA recovered and formulate a process through which consumers can submit claims and receive distributions based on the amounts they lost.  In the course of performing her duties, the Receiver will use this website to keep consumers informed of the status of the Receivership by updating it with information, important dates and deadlines, and Court filings. We encourage you to visit this website regularly to keep yourself informed of the status and important information and deadlines related to the Receivership. We also invite you to contact us if you have any questions regarding the Receivership or any information you believe may assist the Receiver in her efforts.

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