"Deceptive Business Practices"; Multi-level marketing (MLM), or Chain referral sales
and a new style of Pyramid Sales sort of sums up this catelogue of events to a tee.
This report contains valuable information; facts and guidlines that has been researched due to the outcome of one or more relating to the above illegal Fraud Practices/actions occuring, information that may help State and governing Authorities to pursue action against the ongoing practices etc...
Cutting to the chase - the above company practicing under its latest "Title" as United Consulting Services Auto, Inc
working hand in hand with the local Dealership - in this particular case Royal Ford & Mercury Motors, Owego NY.
Timeline to particular Incident:>
** Advert placed on Binghamton Craigslist requesting Sales people - ID Posting #2207164306 (has since been removed) during the week ending 12th February.
** Individual responds on the 13th February with a phone call - leaves message.
** Individual calls again on the 14th - sets up appointment for Interveiw with Secretary at above location.
** Individual attends Interveiw on the 15th at above location, along with approx 15 other potential 'Auto-Trainee' Salespersons, conducted by Consultant representative of UCS Auto - introduced as David S Monicatti, from Michigan State.
** Individual is advised during the above introduction seminar that there will be a cost amount involved for a "training kit" - amount as yet undisclosed - parties interested in pursuing a Career in the Automotive Industry will eventually earn high scale $$$$.
** Individual is recalled for second more in depth interveiw by David S Monicatti on the 16th February - details of the "training kit" is offered along with a request for $629.
** Individual states that it will be necessary to discuss such investment with members of family as individual is currently unemployed and not in a financial position to procure such an amount.
Individual also noted that out of the original 15 interveiwed only four have been selected.
** Individual discusses request with members of family - a request is also made to the local Police Station to clarify the legitamacy of such a financial request and the validity of the company pursuing this action - UCS Auto.
** Individual is required to return to the Dealership on the 17th to confirm and accept proposal, as well as provide the requested funding.
** Phone call is received from local Sherrif on the 17th - 1 hr before appointed time..confirming that the request for payment in order to access "training for the Automotive Salesperson" seems to be in order.
** Cheque/Check is made out to the Dealership for the sum of $629 - Individual returns at appointed time to complete transaction. David S Monicatti is unable to accept the check as it is made out to Dealership - requests alternative funding, confusion in conversation leads individual to understand that they are required to provide cash.
** Individual returns to office of family member to discuss concerns now evolving - family member clearly indicates that under NO
circumstances is cash being handed over - that if the presented check is not acceptable then the 'investment' is not viable.
** Individual returns to Dealership, and again discusses the outcome of the conversation with David S Monicatti. David S Monicatti makes phone call to family member - family member discuss validity of "investment" - the underlying intent with regards to the "training" being offered and what would cause a loss of that said investment ie "In the event of....". David S Monicatti was very careful not to implicate any "gurantees" but turned the conversation over to the persona of the Individual - the recognition of their future as a Automotive Salesperson - the professionalism that was exhibited and so forth.
Family member again pursued the quality of the said "Investment" - and that under no circumstances would cash be paid over - regardless of how David S Monicatti respectfully veiwed the Individual.
** David S Monicatti then stated "Absolutly - fully understood - had never indicated that Cash was to be paid - just needed the check to be made out to him in person" - proceeded to spell the name. Further explained that he accepted the check in his name to avoid any issues with bounced payments etc - and that he in return would be making a total "company" check payment to the Dealership for their involvement. Also expressed that he was due to return to Michigan and had a set time for completion of the documentation by 5pm that day (17th). Family member requested assurance of a legal receipt would be provided for the payment of the "training package"....David S Monicatti stated "absolutly".
** Family member and Individual discussed concerns for over an hour - and 10 mins prior to appointed time Individual left with newly written check made over to David S Monicatti.
** Individual spends the next day (Friday 18th) procurring suitable clothes for a future as a Professional Salesperson under the flagship of the local Dealership. Is excited at the prospect of a quality career with foundations that will allow on-site training as well as tiered payroll payments involving the first month to be that of $2000; the second month that of $1500 plus $50 for any leads regarding an actual car sales, and finally $1000 per month plus $75 for any leads regarding an actual car sale. Finally after the 90 days "probational Training scheme" Individual would receive appointment to Auto-salesperson earning a % of actual sales.
This also tiered on the basis that Individual met a quality background check; had no serious violation on the Driving Licence and passed a Drug Test.
** Individual returns on the Saturday - 19th February for an appointed Interveiw with actual owner of Dealership, the interveiw was noted for 10.30am. Individual waited patiently till 1.30pm before an actual Interveiw was given. During said Interview the Individual was faced with extremely invasive questions concerning personal achievements, family background and current lifestyle etc.
** Individual was given to understand that current employment prospects were on very thin ground - that there was little evidence of stability etc. After Interveiw Individual indicates desire to become the "Best" subject to proposed 'Training package", and stayed after Interveiw to show genuine interest and keeness.
** Individual was asked to return for start of Dealership promotion - Monday 21 February - Orientation was set for an 8.30 am start. Individual arrived with three other potential UCS Auto selected Trainees, each was asked to introduce themselves to the group. On said Individual's turn - a derogative and unprofessional remark was made by a senior staff member of the Dealership involving Individual.
** Individual retains composure - continues with introduction and sets focus on day's "training" that will set Career in progress. Individual also notes that Auto-Salespersons from all over the State as well as Out-of State Sales personel are arriving in to procure clients/sales on behalf of the Dealership.
** Individual along with the three other UCS Auto "Trainees" are required to stand for 12 hrs without involvement in any form to the day's activities. Individual is given indication also that NO
communication should be undertaken with prospective clients - nor is Individual allowed to participate in actual procedures - nor offered the opportunity to "learn" under supervision, or within the said guidlines of the "UCS Auto Training Manual".
** Individual is also advised that they are expected to work a 12 hr day for the next 10 days without break other than lunch/short toilet break. Individual is also advised that the duration of the 10 day "Promotion" will be paid at NY State base rate, less tax. Individual was NOT
requested to complete a W4 or any other legal payroll required documentation - nor given indication as to when that would be applied. Individual was also advised that discussed amount would be made at the end of the 10 day Promotional period.
** Individual completes day's "work" and returns to residence - discusses events with family member. Family member recognises areas of accountability concerning the State Law, as well as some undisclosed illegal practices...and makes judgmental call regarding overall situation.
** Family member contacts bank - and files request to stop payment of Investment - procures evidence that supports concerns and possible illegal actions.
** Bank verifies action - supports Family member with decision and stops payment with effective results.
** Individual receives phone call from Dealership the following day - Tuesday 22 February, regarding absent from duty - Individual firmly states reasons and relays comments made. Subject is closed
** David S Monicatti receives notice regarding cancelled check payment - contacts family member with urgency - family member currently filing all facts with Rip-off, as well as Attorny General - Bureau of Consumer Fraud and Protection citing several possible legal violations under both State and Federal Law. Evidence gathered - as listed below based on overall Timeline of actual Business/s as listed above..
Wwcs Tel America Inc - 9303 Monroe Rd Ste K
28270-1472 - Charlotte (Mecklenburg)
Number of employers: Unavailable President: Peter Ferrigan
Description:>> Telephone Communications
Automoblie Training Services - (D.B.A) 1960 see listed Akas
President: Peter Ferrigan - Copyright Claimant Peter Ferrigan
....registers various Copyright documentations as listed:> * December 1969 >>>
came into being as a spin off from the above - followed by Copyright publications. *Back to Basis & 11 other Titles - December 31st 1969 - A.T.S Inc
(date recorded 1995) * ATS, Inc, Marine & RV Divisin Training program -
published Jan 30th 1991 * Presentation and Training -
published Jan 30th 1991 * Automobile Training Services, the nation's largest supplier of top salespeople -
published Jan 15th 1994 * Auto sales -
published Jan 15th 1994 * We're selling cars like mad! -
published Jan 15th 1994 (Automobile Training Services)
* Stop Looking! -
published Jan 15th 1994 * Sales Position, no experience necessary -
published Jan 15th 1994 * $Sales$ - opportunity knocks -
published Jan 15th 1994 - Advertisment
* Customer Follow-up program -
published Jan 15th 1994 - ATS
* Back to Basics -
published Jan 15th 1994 - Automobile Training Services
* Automotive Sales -
published Jan 15th 1994 - 3 sound cassettes - Automobile Training Services
* Automotive Sales - qualify (Title appears in Backs to Basics & 11 other Titles) -
recorded April 24th 1995 * Automotive Sales - meet & greet (Title appears in Backs to Basics & 11 other Titles) -
recorded April 24th 1995 * Automotive sales - select, demo and feature - (Title appears in Backs to Basics & 11 other Titles) -
recorded April 24th 1995 * Backs to Basics & 11 other Titles -
recorded April 24th 1995 - ATS, Inc
>>>> Introduction of World Wide Consulting Service Inc,
- followed by Copyright publications. * ATS/World Wide Consulting Service Inc, training manual -
published Feb 12th 1997 >>>> May 1998 - World Wide Consulting Service -
series of complaints received at the BBB (Better Bureau of Business) - see detail recorded address listed below. * Looking for a Career change? -
published March 18th 1997 * The Road to success begins at...
published Jan 1st 2003
>>>> World Wide Consulting Service Inc,
PO Box 411162
Charlotte, NC 28241-1162 - www.wwcsonline.com
Mr. Peter Ferrigan, President - (800) 722-8482 or email@example.com
Type of Business: Training Programs
Additional company management personnel include: Mr. Ed Nuttle, Ms. Tonya Dunphy
Additional Locations and Phone Numbers -
9303 Monroe Rd Ste K
Charlotte, NC 28270-2445
Tel: (704) 522-8506 Additional Fax Numbers: Fax: (704) 814-0725
** Copyright Property rights disputed -
March of 2003 - Dismissed - Settled in April 2007 >>>> February 2005
- Rip-Off receives first of 16 complaints concerning World Wide Consulting Services listed under company directory " World Wide Consulting
Complaints also listed under:>
" Worldwide Consulting
" November 2006 - ref #219946
" Worldwide Consulting Services
" February 2008 - ref #312470 >>>> August 2005 - October 2006 ** ClientReminder
Trademark was applied for above Trademark - SN# 78699190 owned by Peter D Farrigan, 107 H.... Fort Mill, 29715 >>>> September 2007
* Carolina's Cab -
Pete Ferrigan (Co-Owner) launches new Cab Company as reported in State News - York County, South Carolina. Title headed: " New Companies Hope to be key players in Rock Hill's Cab wars". 377 Ruben Center Drive, Forth Hill, South Carolina - Phone: 866 488 5438 >>>> November 2008 - Rip-Off Report filed
Carolina's Cab Company - Peter Ferrigan #391422 >>>> 2010 - USCAuto. Inc - Automotive Sales Training
arrives on the scene also known as >>> United Consulting Services, Inc; & UCS Auto
PO Box 411162, Charlotte, NC 28241-1162
Principle shown as : Mike Miller
PO Box 368, Fort Mill South Carolina 29716 (Peter Ferrigan)
Phone _ same for both addresses:
(803) 802-1849 Fax _ (800) 845-3155
Call Center: Tel: (800) 351-2552
** Website/s are established
www.ucsauto.com www.http://ucsauto.com http://ucsautoinc.com/ ## NOTE:>
“Back to Basics”
Finance & Insurance
......are all publications copyrighted by Peter Ferrigan
please refer to above listed details as given associated to these. >>>> June 2010 Complaints received in at the BBB (Better Business Bureau)
listed under United Consulting Services, Inc
>>>>2009/2010 - David S Moncatti, New Baltimore, Michigan
contact through above USC Auto - Call Center: Tel: (800) 351-2552
........joins the Consultancy Team for UCS Auto - and begins to apply above Consultancy actions Out-of State including regular visits to New York State where he advised (February 2011) latest Individual an area as being "Lucrative". February 2011 -
....Also advised Individual that he makes regular visits to several Dealerships in the New York State area....
Advised potential "Trainees" at Dealership in Owego, New York that UCS Auto had been in business for over 21 years (and in Truth that would be the case as it is a 'surf Pyramid Sales Pitch" originating from World Wide Consultancy Services and all other affiliated companies. CONCLUSION:
The above practice - initiated under the title heading of "UCS Auto", can be clearly seen as an action of Pyramid Selling - "multi-level marketing" ...see below Law/s....identified observation is highlighted by Bold Text
Advertising a product or action with intention to procure 'monies' for a product determined necessary in order to be part/placed into the scheme. In this instance "Auto Salesperson Training" #
Involving a sub-client as part of the Scheme - in this instance the Dealership - who clearly receives a % of the obtained funds from the un-suspecting "Trainee". #
Using the action of "Consultant" to interact with prospective "Investors", committing monies as part of an elaborate, and in many cases unrealistic "Training schemes" be it for the position of Auto Sales, Auto-Consultant and/or any other title that offers "employment" in one form or another. Consumer Frauds Bureau
The Bureau of Consumer Frauds and Protection, part of the Economic Justice Division, prosecutes businesses and individuals engaged in fraudulent, misleading, deceptive or illegal trade practices. Consumer Helpline: 1-800-771-7755
- Collective evidence relating to just ONE of the many new style "Pyramid" selling now emerging is considered under many States as "fraudulent, misleading, deceptive or illegal". Pyramid schemes are illegal in New York State,
as well as in many other states. Article 23A of the General Business Law of the State of New York §359-fff sets forth the criminality of initiating and participating in pyramid schemes (also known as chain distributor schemes).
Pyramid schemes may or may not involve the sale of products or distributorships. The trend is to involve sales of products or distributorships in an attempt to show legitimacy. .
Pyramid schemes focus on the exchange of money and recruitment. ** David S Moncatti in allegiance with Royal Ford & Mercury Motors, Owego NY, set up arrangements to advertise for Auto-Sales Personel.
At the heart of each pyramid scheme there is typically a representation that new participants can recoup their original investments by inducing two or more prospects to make the same investment. ** Auto Sales pitch indicated quality earnings at the completion of a 90 day Training induction, that would require the purchase of a Manual which assisted in the process.
Indication was also given that at the end of the 90 day duration the Dealership in question would return said amount paid.
Indication was also given that "Training" was compliance an conditions both related and un-related as per deemed eligible by the Dealership.
Often there is not even an established market for the products so the "sale" of such merchandise, newsletters or services is used as a front for transactions which occur only among and between the operation's distributors. ** In this instance between the two parties known as David S Moncatti in allegiance with Royal Ford & Mercury Motors, Owego NY
Therefore, your earning potential depends primarily on how many people you sign up, not how much merchandise is sold. **David S Moncatti in allegiance with Royal Ford & Mercury Motors, Owego NY agreed to FOUR participants at a lucrative sum totalling to $2516 (4x$629) of which it was understood that a % is paid direct to Royal Ford & Mercury Motors, Owego NY.
Document states that none of the monies paid is reimbursed based on various "un-obtainable" conditions.
Illegal Aspects of Pyramid Scams
Pyramids are deceptive and participants in a pyramid, and pyramid sales plans are by their very nature not only deceptive, they are illegal, and the participants can under many State Laws be subject to fines and possible arrest.
The con artist at the top views each new investor as a predicable set of revenues and expenses, with the revenues flowing directly to him.
He happily pays out commissions for the recruitment efforts of others.
"Pyramid selling" as defined by the Federal Trade Commission involves "inventory loading" and "head hunting fees”. ** Through a tiered volumn of Companies clearly indicating that Peter Ferrigan is either co-owner or President, introducing the concept of "Sales Techniques" by a variety of determined "Fees" - Training "Products" all purchasable, that in turn provide sub-personel titled as in part 'Consultant', who recruits further "Auto-Sales" Trainees ....under the umbrella of the participating Dealership.
People who break the law relating to multi-level marketing or pyramid selling can be convicted and sentenced to a fine or a prison term. Amendments to the Act passed in 1999 now allow the court to impose a fine of up to $200,000 or a prison term of up to one year, or both, for a less serious offence. For a more serious offence, the court may set its own fine or a prison term of up to five years, or both.
The Bureau conducts its investigations in private and keeps confidential the identity of the source and the information provided. However, if someone has important evidence about an offence under the Act, that person may be asked to testify in court. The above action can also be veiwed as:>
Subdivision 1. Fraud, misrepresentation, deceptive practices. The act, use, or employment by any person of any fraud, false pretense, false promise, misrepresentation, misleading statement or deceptive practice, with the intent that others rely thereon in connection with the sale of any merchandise, whether or not any person has in fact been misled, deceived, or damaged thereby, is enjoin able as provided by State Law.
Action regarding the above incident as reported in the beginning can also be reported under the provisions of: New York False Claims Act, N.Y. Fin. Law §§ 187 - 194
, allows the Attorney General
, a local government, or any person to file a lawsuit against a person or a company that obtains or withholds funds or property from the state or local government through false or fraudulent conduct.. ** Peter Ferrigan President of said above listed companies, in particular UCS AUto under the management of Mike Miller, sub-Consultant David S Moncatti in allegiance with Royal Ford & Mercury Motors, Owego NY is conducting a "scheme" that visibly avoids/withholds registered payments under the probable title of "Training Materials" from being taxed or reported as "extra Income". A feasable Tier indication is that for every THREE days of activity involving a Dealership based on a Four person "Trainee" induction - $2516.00, plus the bonus unregistered Employee wages or unpaid Time at NY State$7.35 base - (12hrs per day = $88.20).
Indication is that few if any stay the alloted time of 90 dys - many are given a reason to be "terminated" after THREE days of commenced "Training" within the Dealership.
Indication is also given that the Consultant is a returning force month after month utilising that same procedure as a "lucrative" endeavor.
A person or company found liable under the act must generally pay treble damages, civil penalties, plus costs and attorneys fees.
The False Claims Act is an important new tool
for people to help the state or local governments recover funds or property lost through fraud or corruption.
Lawsuits filed by citizens — known as “qui tam”
suits — are filed in secret to give the government an opportunity to investigate the allegations of fraud. Individuals that file suits may be eligible to keep a percentage of the funds they help recover.
The False Claims Act also protects employees from being retaliated against for filing qui tam suits against employers who may be engaged in activity or practices that defraud the government out of money or property.
All of the above plus on hand documentation involving the actual Training Manual and so called "agreements" are also being registered with the Attorney General, New York for reveiw, and/or consideration under one all of the above Laws in place for the protection of the Consumer, or in this instance the unsuspecting "Auto-Trainee" with hopes and visions that were entrusted to the fact that there was a possibility of gaining an education in Sales - other thanthe one of being "Ripped_Off"!