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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