"Teklaw" blog by Indiana Estates and Probate lawyer Tim Kalamaros

Probate & Estates lawyer Timothy E. Kalamaros weblog. To visit his home page, go to www.timothykalamaroslaw.com

Tuesday, July 07, 2009

misleading direct mail solicitations

If you're a registered agent for an Indiana business, then you've received this junk mail before now. Problem is many people don't understand that the mailers described below are just commercial solicitations, probably because of the misleading and confusing badges of "official-dom" that are splayed across the envelopes.

Here is a press release from the Indiana Secretary of State Todd Rokita's email newsletter about these direct mail solicitations.

Companies masquerading as an Indiana government agency ordered to stop harassing Hoosier businesses Indiana Corporate Compliance, International Corporate Compliance, Inc. and Papillon Global Marketing, LLC are no longer allowed to misrepresent themselves as a government agency to Indiana business owners thanks to an investigation conducted by the Indiana Secretary of State.
The Marion County Superior Court issued a permanent injunction requiring the companies to immediately stop sending any written notices or transmissions that could reasonably be interpreted as a compliance notice from a government entity.
In May, the Indiana attorney general's office filed a complaint
against the companies, most commonly known as Indiana Corporate Compliance, alleging multiple violations of Indiana's Deceptive Commercial Solicitation Act.
Individuals Aaron V. Williams and Lisa Diane Brown, both of California, were also named in the lawsuit. Indiana Corporate Compliance had been sending letters to businesses all over Indiana under the guise of the Business Services Division of Indiana Secretary of State Todd Rokita's office, citing a fictitious state law implying businesses were required to send up to $150 for record keeping services.
"The permanent injunction is an important step forward in our
ongoing efforts to prevent Indiana businesses from being deceived," said
Secretary Rokita. "Obtaining this judgment is the direct result of the tireless work by my investigators and the cooperation of hundreds of businesses from around the state who were targeted by this scam. My office will continue to make businesses aware of these types of scams, and I thank Attorney General Zoeller and his team for working with us to bring justice through the legal system."
The Secretary of State's office, which registers and certifies Indiana businesses, began an investigation as a result of complaints it received
from businesses. A hearing will be scheduled to determine the total amount of damages which could be awarded to those who fell victim to the scam. More than 150 Indiana businesses reported sending money in response to the letters from Indiana Corporate Compliance and its affiliates. Recipients of the letters reported believing the compliance notices were generated by a government agency and were misleading and confusing. As a result, the court found it reasonable that business owners would be confused and would comply with the notice.

[sidebar:]Did you know...State law requires periodic business entity reporting, but fees are nominal. $30 every two years for for-profit
entities $10 every year for non-profit organizations.
You can check the validity of any mailing from the Indiana Secretary of State's Business Services Division by visiting [its website]

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