To: Q. who wrote (4929 ) 1/13/2000 10:52:00 PM From: Q. Respond to of 7056
American Lawyer Media, L.P. The Recorder April 18, 1991, Thursday SECTION: BIG DEALS, BIG SUITS; Pg. 2 HEADLINE: Mastercard, VISA Sue Boiler-Room Operations; Mastercard v. Listworld BYLINE: Stephen G. Hirsch BODY: Two major credit card companies Monday filed a $ 95 million suit against a nationwide network of companies and individuals, charging them with scamming the public by making fraudulent offers of credit. New York-based Mastercard International Inc. and San Mateo-based VISA International Service Association and VISA U.S.A. Inc. are represented by partner Daniel Bookin and associates Andrew Bridges and Diane Turriff of 1991 The Recorder, April 18, 1991 Farella, Braun & Martel. As of Wednesday it was unknown who would be representing the defendants, which include seven companies and 11 of their owners, managers and employees. Listworld president Daniel Klibanoff did not return a phone call. The suit alleges that Huntsville, Ala.-based Listworld Inc., through mass mailings and telephone "boiler-room operations," defrauds consumers by promising them low-interest VISA and Mastercard credit cards for a "one-time processing fee" of up to $ 200. For their money, consumers do not receive credit cards, only an application or a list of banks which offer low-interest cards, the suit alleges. Such lists can be obtained for as little as $ 1.50 from bona fide consumer organizations. According to the complaint, Listworld has been successful because of its fraudulent use of the Mastercard and VISA trademarks which lend the operation credibility. Mastercard and VISA have no affiliation with Listworld or any other defendant, the suit says, and are seeking an injunction to prevent the unlawful use of their trademarks. The complaint also charges Listworld with effectively franchising out the operation to telemarketing companies in other states. Other defendants 1991 The Recorder, April 18, 1991 include Nevada-based American Quality Corp., Rancho Cucamonga-based Better Home Financial Group Inc., Colorado-based Yost Distributing Inc., Salinas-based Gary & Jim Investments Ltd. and Honolulu-based Hotel Express Marketing of Hawaii Inc. All of the defendants are alleged to have conducted business under a wide variety of fictitious business names. According to plaintiffs' attorney Bookin, this is the first private suit brought which addresses this issue, though several state actions have commenced. The suit seeks $ 20 million in actual damages and $ 75 million in punitive damages on a number of business fraud causes of action as well as a RICO claim. The plaintiffs are also seeking a permanent injunction. A hearing is scheduled for May 3 in front of U.S. District Judge Charles Legge. LANGUAGE: ENGLISH