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Recent Filings of Interest

Scales of justice, gavel, and law book

Festiva Development Group, LLC, d/b/a Festiva Adventure Club

The State of Tennessee has filed a lawsuit against various entities and individuals operating a 'timeshare' and membership vacation club that allegedly employs deceptive techniques to market their products. Tennessee's lawsuit comes after a multistate investigation of Festiva Development Group, LLC, d/b/a Festiva Adventure Club, and names numerous related Festiva entities including Escapes!, Inc., Escapes Travel Choices, LLC, Etourandtravel, Inc., Patton Hospitality Management, LLC, Resort Travel & Xchange, Zealandia Capital, Inc., and Zealandia Holding Company, Inc., among others, as well as their owners and operators Donald Keith Clayton, Herbert Hoover "Butch" Patrick, Jr., and Richard Allen Hartnett...Festiva filings.

Galilee Memorial Gardens

The State of Tennessee has filed a petition asking that the Commerce and Insurance Commissioner be appointed as receiver for Galilee Memorial Gardens, located in Bartlett, TN, and for temporary and injunctive relief. Individuals with questions about the status of preneed contracts or consumer/ lot owner inquiries regarding Galilee can contact the Burial Services Section at 615-741-5062. Individuals with criminal complaints against Galilee should contact their local authorities or the Shelby County District Attorney's Office at 901-222-1300....Galilee filings.

Gary Mathews Motors, LLC, a Tennessee Limited Liability Corporation, doing business as Gary Mathews Chrysler Dodge Jeep Ram of Nashville

Gary Mathews Motors, located in Antioch, allegedly violated the Tennessee Consumer Protection Act by not clearly disclosing the terms and conditions of representations and prizes offered in a "Regional Clearance Event" promotional mailer sent to Tennesseans. As a result of the State's investigation, Gary Mathews agreed to enter into an Assurance of Voluntary Compliance. Under the terms of the Assurance, Gary Mathews agreed to pay $10,000 to the State and is prohibited from making such misrepresentations in the future. Gary Mathews denied wrongdoing in the settlement...Gary Mathews Motors filings.

Google - Safari

Google represented to consumers using Apple's Safari Web browser that "Safari is set by default to block all third-party cookies. If you have not changed those settings, this option effectively accomplishes the same thing as setting the opt-out cookie." This statement was misleading to Safari users because it suggested that they would not receive third-party cookies. However, the State alleged that Google placed cookies on the computers of Safari users without the consumers' knowledge or consent...Google filings.

Lethal Injection Challenge

In September 2013, the Tennessee Department of Correction adopted a new single-drug lethal injection protocol governing the execution of prisoners sentenced to death for capital murder convictions. The Attorney General subsequently requested that the Tennessee Supreme Court set execution dates for a number of death-sentenced inmates, who had exhausted the state judicial review processes and whose appeals had been rejected by the federal courts. The inmates now challenge the legality of the protocol in a lawsuit filed in the Davidson County Chancery Court in a case styled Stephen Michael West, et al. v. Derrick D. Schofield, et al..lethal injection challenge filings.

Ocwen Financial Corporation, Ocwen Loan Servicing

On December 19, 2013, Tennessee, along with the Attorneys General of 48 states and the District of Columbia, and the Consumer Financial Protection Bureau (CFPB), reached a $2 billion joint-state federal settlement with Ocwen Financial Corporation, and its subsidiary, Ocwen Loan Servicing. Ocwen is the nation's fourth largest mortgage servicer. This agreement provides servicing standards to improve homeowner communications with Ocwen, and also relief to eligible homeowners through principal reduction and cash payments to foreclosed borrowers...Ocwen filings.

Phusion - Four Loko

Tennessee joined a multistate settlement with Phusion Projects, LLC and its officers, Jaisen Freeman, Christopher Hunter, and Jeffrey Wright. The settlement addressed allegations that Phusion marketed and sold flavored malt beverages, namely "Four Loko," in violation of consumer protection and trade practice statutes by promoting Four Loko to underage persons, promoting dangerous and excessive consumption of Four Loko, promoting the misuse of alcohol, and failing to disclose to consumers the effects and consequences of drinking alcoholic beverages combined with caffeine. Additionally, the settlement addressed Phusion's practice of manufacturing, marketing, and selling unsafe and adulterated caffeinated alcoholic beverages prior to the FDA's November 2010 letter warning Phusion that caffeinated Four Loko is an unsafe product. The settlement contains injunctive relief and a payment to the states....Phusion filings.