The Federal Commerce Fee (FTC) has referred its beforehand introduced federal court docket case towards on-line money advance agency Dave to the Division of Justice (DOJ).
The DOJ, in flip, has filed an amended grievance that names the corporate’s CEO, Jason Wilk, as a defendant and seeks civil penalties, the FTC stated in a Monday (Dec. 30) press launch.
The grievance filed by the DOJ amends and replaces the one filed by the FTC in November, which named solely the corporate as a defendant and didn’t search civil penalties, the DOJ stated in a Monday press launch.
The DOJ’s civil enforcement motion towards Wilk and Dave alleges that they violated the FTC Act and the Restore On-line Consumers’ Confidence Act (ROSCA) by deceptively promoting Dave’s money advances, charging hidden charges, misrepresenting how the corporate makes use of the “ideas” paid by prospects, and charging recurring month-to-month charges with out offering a easy option to cancel them, in keeping with the discharge.
Dave didn’t instantly reply to PYMNTS’ request for remark.
The DOJ stated in its press launch that the civil motion is a part of its efforts to implement statutes that defend shoppers from corporations’ misconduct.
“The Justice Division is dedicated to stopping prospects and their executives from preying on financially susceptible shoppers with misleading ads, hidden charges and subscriptions which might be troublesome to cancel,” Principal Deputy Assistant Legal professional Normal Brian M. Boynton stated within the launch.
The DOJ’s grievance seeks unspecified quantities of shopper redress and financial civil penalties in addition to a everlasting injunction to ban the defendants from participating in future violations, per the discharge.
The FTC introduced its lawsuit towards Dave in a Nov. 5 press launch.
Reached by PYMNTS on the time, Dave pointed to a Nov. 5 assertion during which the corporate stated: “It’s price emphasizing that the FTC’s motion, for which we consider we have now robust defenses, is said to shopper disclosures and consent, not our capability to cost subscription charges and elective ideas and specific charges transferring ahead. Accordingly, we have now not contemplated any adjustments to our forecast because of the FTC’s motion.”