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Plaintiffs ask Judge Holbrook to deny state’s motion for stay and enforce his February 12 ruling ordering Governor DeWine to rejoin FPUC program and secure $900,000,000 in federal benefits

February 24, 2025 By Marc Dann

Hearing is critical juncture in the battle to secure benefits owed to 300,000 Ohioans

In a hearing scheduled for 1:30 PM today in Franklin County Common Pleas Court, the attorneys who represent thousands of Ohioans unjustly denied nearly $1 billion in Federal Pandemic Unemployment Compensation (FPUC) benefits by the state will ask Judge Michael Holbrook to deny the state’s motion to stay his February 12 ruling in favor of the plaintiffs and order Governor Mike DeWine to immediately take steps to reinstate Ohio’s participation in the FPUC program. The motion, filed by DannLaw and Zimmerman Law Offices may be viewed and downloaded here.

“It is difficult, if not impossible, to understand why the state continues to fight a battle it lost decisively in both the trial and appellate court,” Marc Dann said. “The governor’s stated reason for pulling out of the program, that the benefits would serve as a disincentive for people to rejoin the workforce, was specious when he asserted it in 2021 and no longer exists in 2025.”

“There is absolutely no legal or policy reason why nearly $1 billion in federal funds should be sitting dormant in an account in Washington, D.C. when they could and should be flowing into the hands of Ohio families and fueling this state’s economy,” Dann continued. “Our motion asks Judge Holbrook to end the state’s defiance of his order as well as the delaying tactics that put the funds at risk of being repurposed by Congress and the Trump administration.”

In the motion, the legal team asserts that state and federal law governing the unemployment system trump the state’s right to a stay under Ohio’s Civil Rules of procedure:

Ohioans’ right to those benefits are created, defined, and regulated by statute–both federal and state. And as set forth in R.C. 4141.28(I), part of that right is to receive payment of employment compensation benefits promptly after a court renders a determination of entitlement to those benefits.

In its Order And Entry, this Court stated: “There is no question that plaintiffs were eligible

for FPUC benefits at the time defendants terminated its FPUC termination [sic].” Order And Entry, p. 10. The Court went on to state “there is also no question of fact and that plaintiffs are entitled to a writ of mandamus restoring Ohio’s participation in the FPUC program and resulting benefits as a matter of law.” Id., p. 11. In other words, this Court’s Order and Entry constitutes a determination that Plaintiffs were entitled to receive the available FPUC benefits after the State withdrew from the program.

 Pursuant to R.C. 4141.28(I), the State is under an affirmative statutory duty to immediately

pay those benefits notwithstanding its appeal. The State cannot rely on a Civil Rule of Procedure to curtail Plaintiffs’ substantive statutory right to prompt payment.

According to Dann if Judge Holbrook grants the state’s motion for a stay of his February 12 order the plaintiffs will immediately appeal to the Tenth District. DannLaw and Zimmerman filed a motion in the same court last week asking them to order the Governor to rejoin FPUC and secure the funds by a date certain in order to preserve the validity of the appeal. That motion is pending.   “As we’ve said repeatedly, time is of the essence. It would be unconscionable for the state to allow the money owed to 300,000 of this state’s citizens to vanish into the black hole of the federal budget. We will continue to do everything in our power to ensure that does not happen,” Dann concluded.

Filed Under: In the News

Plaintiffs ask Tenth District Court of Appeals to order state to take all steps necessary to preserve FPUC unemployment benefits

February 20, 2025 By Marc Dann

DannLaw, Zimmerman Law Offices file motion after state appeals Common Pleas Court ruling ordering the state to secure and distribute $900,000,000 in federal FPUC funds

Reacting to the state of Ohio’s decision to appeal Judge Michael Holbrook’s ruling in favor of thousands of Ohioans unjustly denied nearly $1 billion in Federal Pandemic Unemployment Compensation (FPUC) benefits, attorneys from DannLaw and Zimmerman Law Offices today asked the Tenth District Court of appeals to order Governor Mike DeWine and the Ohio Department of Jobs and Families Services (ODJFS) to take all action necessary to obtain the funds from the U.S. Department of Labor and deposit them with the Clerk of Franklin County Common Pleas Court. The motion is designed to ensure that the funds will continue to be available as the state’s appeal proceeds. You may read and download the motion here: Bowling Candy 2025 02 20 Motion for Injunction WITH EXHIBITS

“Once the funds are deposited with the Clerk of Courts, they will be available for distribution to Ohioans who need and deserve them when we ultimately prevail,” Marc Dann said. “If, for some reason, our victory is overturned, the money will simply be sent back to the federal government. Given the current status of the case, what we are proposing is the most equitable path forward.”

In the motion the plaintiff’s argue that “time is of the essence and there is a compelling need for this Court to grant injunctive relief to prevent manifest injustice because federal policymakers have publicly expressed their intent to use unspent pandemic emergency money for other causes.”

“Congress is already talking about using unspent COVID relief dollars as part of a deal to raise the debt ceiling and the DOGE crew is turning over rocks to find and repurpose unspent money,” Dann explained. “The governor can preserve the FPUC funds with the stroke of a pen by signing a letter to the Department of Labor requesting the money.”

“Of course, he could use the same pen to abide by the orders Judge Holbrook issued on February 12. Even though he and the Tenth District Court ruled that the Governor has a legal obligation to secure and distribute these funds to eligible Ohioans, he continues to fight against the people he was elected to serve,” Dann said. “Because he refuses to do the right thing voluntarily, we are forced to protect our clients by asking the Court of Appeals to order him to do so.”

The motion notes that the Appellate Court has “…the power to issue an ‘affirmative injunction’ as necessary to “prevent manifest and extreme injustice where all or some part of those rights [obtained by the trial court’s judgment] will otherwise be irrevocably lost to appellee, and the appellant has little or nothing to lose.”

“That certainly applies in this case. Our clients could lose $900,000,000 while the state has no real interest in the FPUC funds and are merely the conduit that passes the money from the federal government to Ohioans,” Dann said. “The state’s continued defiance of court orders and refusal to abide by their legal obligation to secure these funds makes injunctive relief appropriate and absolutely necessary.”

In their motion the plaintiffs ask for an order that directs the Defendants to:

(1) take all action necessary to reinstate Ohio’s participation in the FPUC program from June 26, 2021 through its expiration;

(2) to take all action necessary to obtain Ohio’s share of FPUC program benefits from the U.S. Department of Labor;

(3) deposit the FPUC program benefits with the Clerk of the Court of Common Pleas, Franklin County Ohio, pending resolution of this appeal; and

(4) for all other relief this Court may deem just and proper.

For additional information please contact Marc Dann at 330-651-3131

Filed Under: In the News

In landmark decision, Judge Holbrook rules state must obtain and distribute $900,000,000 in federal FPUC funds

February 12, 2025 By Marc Dann

Franklin County Judge rules Governor DeWine violated Ohio law when he rejected fully federally funded Federl Pandemic Unemployment Compensation payments

In a landmark and long-awaited decision, Franklin County Common Pleas Court Judge Michael Holbrook today ordered Governor Mike DeWine and the Ohio Department of Jobs and Family Services (ODJFS) to immediately reinstate Ohio’s participation in the Federal Pandemic Unemployment Compensation (FPUC) program and take all action necessary to obtain Ohio’s share of FPUC program benefits  from the United States Department of Labor (DOL). A copy of the decision is available here.

Former Ohio Attorney General Marc Dann, whose law firm, DannLaw, originally filed suit in July of 2021 on behalf of thousands of Ohioans who were denied $300 in weekly supplemental unemployment benefit payments due to Governor DeWine’s unwarranted decision to end the state’s participation in the fully-federally funded program on June 26, 2021, hailed the ruling as a major victory for his clients and the state of Ohio.

“Today, Judge Holbrook validated our contention that Governor DeWine and ODJFS were required by Ohio law to accept and distribute the FUPC payments to Ohioans devastated by COVID-19,” Dann said. “The Governor’s decision to deny federal aid to families in crisis was arbitrary and unconscionable, and illegal. It is our sincere hope that he will now honor his obligation to obey the law without delay.”

According to Dann, eligible Ohioans will receive an estimated $900,000,000 in FUPC benefits as a result of Judge Holbrook’s ruling. “The payments will both enable people still reeling from the effects of the pandemic to rebuild their lives and significantly boost the state’s economy,” he said. “We’ve never understood why the Governor would leave nearly a billion dollars sitting in an account in Washington, D.C. rather than allowing that money to flow into Ohio’s 88 cities, townships, and villages where it will fuel sales for local businesses and generate tax revenue. Aside from being cruel, refusing funds made no sense from an economic standpoint.”

“We’ve been assured the money is there, it’s far past time for the state to ask for it on behalf of citizens who desperately need it,” Dann continued.

Judge Holbrook’s Judgement Entry reads as follows:

1, Pursuant to  State  ex  rel Candy Bowling  v. Mike DeWine,  2021-Ohio-2902, FPUC is one of the “available advantages” described in R.C. 4141.43(I) that the General Assemble requires Defendants “secure” to the citizens of the State of Ohio.

2. Defendants acted  in  violation  of  R.C.  4343.41(I) when  they  terminated participation in the FPUC program prior to its expiration.

3. Defendants are hereby ORDERED pursuant to R.C. 4343.41(I) to take all action necessary to reinstate Ohio’s participation in the FPUC program from June 26, 2021 through its expiration; and

4. Defendants are hereby ORDERED pursuant to R.C. 4343.41(I) to take all action necessary to obtain Ohio’s share of FPUC program benefits  from the United States Department of Labor.

Dann acknowledged that decision could be appealed, but noted the 10th District Court of Appeals had already ruled against the state. “The law, Judge Holbrook’s ruling, and the opinion from the 10th District Court of Appeals are crystal clear: the state is required to obtain and distribute these funds. But, as we’ve now proven multiple times, if the Governor refuses to abide by the law, we will fight and we will win,”

Filed Under: In the News

DannLaw redoubles commitment to fight for consumers in wake of attacks on CFPB

February 4, 2025 By Leo Jennings III

CFPB Complaint DatabaseOver the Weekend President Trump fired Rohit Chopra the Director of the Consumer Finance Protection Bureau (CFPB) and today replaced him with Treasury Secretary (and hedge fund oligarch)  Scott Bessent.

Within hours Bessent directed the Agency to halt all work on pending regulations and enforcement actions.

While many of our clients, friends, family and neighbors voted for President Trump, I’m pretty sure that their primary objective in supporting him was not to allow debt collectors, payday lenders, credit card companies, banks and mortgage companies to be given license to cheat them.

This is sad to watch because the CFPB has established itself as a strong independent regulator of financial services companies, mortgage companies, small business lenders, banks and non-bank lenders.

This is particularly important right now because most of the contracts offered by many of these financially predatory companies force their customers to private arbitration and prohibit participation in class action lawsuits against them.  This means that if companies choose to cheat a little bit from a lot of people it’s even more difficult for private lawyers like those at DannLaw  to hold them accountable in a meaningful way.  If the CFPB is gone as a line of defense companies will have more license to cheat.

The consumers protected by the CFPB include all of us, even the CEOs and shareholders of the bad acting financial institutions.   But it is critical to remember that the lack of accountability for bad actors in the financial services world also punishes ethical businesses who are trying to compete with the businesses that  are cheating their customers.  It’s often more expensive and less profitable to follow the law than to find ways to avoid doing so.

Actions to scale back the CFPB’s enforcement and rulemaking efforts are going to cost millions of consumers billions of dollars over the next four years and limit the remedies available to consumers who are wronged. This is not a political opinion. This is a fact.

Fortunately for homeowners and many of our clients, federal law still prohibits arbitration provisions in mortgage contracts.  And for those who are subject to arbitration agreements we have been a leader among lawyers in using the arbitration process to protect our clients.

In light of this week’s news our Lawyers, Paralegals and support staff are committed to doubling down our efforts to use the courts and the law to hold financial predators accountable and seek justice for consumers who they victimize. Our job in protecting consumers is more important than ever and I know we are up to the challenge.

DannLaw provides representation to consumers in the following fields:

Foreclosure Defense

Mortgage Servicing Litigation

Consumer Protection Claims

Consumer Class Actions

Student Loan Litigation

Data Breach Class Actions

Lender Liability

Bankruptcy Litigation

Consumer Arbitration

Business Litigation

Lawyer Referrals are Welcome

Filed Under: In the News

DannLaw files suit against Athena Bitcoin for facilitating impersonation scams, former Ohio AG says company’s cryptocurrency kiosks are AR 15s of the financial services industry

December 10, 2024 By Leo Jennings III

An Athena Bitcoin cryptocurrency kiosk was the instrument criminals used to steal $39,000 from DannLaw client Karen Carew.

According to the Federal Trade Commission (FTC) and the FBI, Bitcoin ATM cryptocurrency kiosks (BTMs) play an essential role in “impersonation scams” that enable cybercriminals and scam artists to steal large sums of money from unsuspecting victims. Data from the FTC reveals that fraud losses at BTMs increased tenfold from 2020 to 2023 and that the amounts stolen via the kiosks are exceptionally high. But despite the well-documented rise in BTM-fueled fraud, companies like Athena Bitcoin, Inc. which operates hundreds of terminals across the U.S., have repeatedly refused to reduce or eliminate the extreme danger they pose to vulnerable populations, especially seniors.

The consumer protection team at Dann Law now represents one of those seniors: Karen Carew, a 74-year-old resident of Belmar, New Jersey. On September 4, 2024, a criminal impersonating a Microsoft tech support telephone agent convinced her to withdraw $39,000 from her bank account and deposit it into Athena BTMs located at two area convenience stores. Her money was immediately transferred into the untraceable online account or “wallet” of the scam artist. Both he and her money then vanished.

To hold Athena and the convenience stores accountable for their role in defrauding Ms. Carew and victims of similar scams, DannLaw attorneys Henry P. Wolfe, Javier Merino, and Andrew Wolfe recently filed a class action lawsuit in the Superior Court of New Jersey against the company, its CEO Matias Golenhorn, the owners of the stores where the kiosks used to facilitate the Carew scam were located, as well as other stores in New Jersey that have permitted Athena to locate and operate kiosks on site. The complaint and supporting exhibits may be viewed and downloaded here:  2024.11.25 Carew Complaint FILED

In the complaint the attorneys note that Athena openly acknowledges its kiosks are regularly used in impersonation scams as a page on the company website titled “Avoid these Bitcoin Scams” clearly illustrates:

Scammers are looking to say and do anything to convince you of an urgent need to pay through Bitcoin, and they will often “helpfully” point out nearby ATMs where you can follow their commands.

Scam artists like Bitcoin because transactions cannot be cancelled, reversed, or otherwise refunded once made.

Athena receives numerous reports of fraud per month…

The complaint also alleges that although Athena clearly recognizes the dangers posed by its BTMs it has refused to implement effective measures that would prevent or deter the use of its terminals in impersonation scams. Why? Because doing so would reduce the considerable profit realized from every dollar inserted into its BTMs by victims of those scams.

“BTMs are specifically designed to appeal to criminals, that’s why I consider them to be the AR 15s of the financial services industry,” DannLaw founder and former Ohio Attorney General Marc Dann commented. “They serve no purpose beyond enabling scam artists to wreak havoc and destruction on innocent victims and the complete and purposeful lack of safeguards enable them to inflict pain in rapid-fire fashion and disappear instantly. As Ms. Carew learned, that’s a formula for disaster.”

In addition to facilitating the impersonation scam, the complaint states that Athena refused to turn over the $39,000 Ms. Carew deposited into the BTMs after being notified of the theft even though the stolen cash was in their possession. Their refusal is based on the company’s position that all deposited into its terminals is “irreversibly” transferred as Bitcoin to the designated wallet, even if the wallet in question belongs to a criminal who has perpetrated an impersonation scam.

DannLaw contends that Athena’s position is misleading at best for two reasons: first, because Ms. Carew’s cash was still inside the company’s BTMs when they were made aware of the theft, and, second, because the hefty fee Athena charged to facilitate the crime, $10,060.04, was not transferred to the scam artist irreversibly or otherwise.

“In essence, Ms. Carew has been ripped off twice,” Dann said. “First by the criminal who robbed her and then by Athena which could, but refuses, to return her money. While their position is reprehensible, it is not surprising. Let’s face it, thieves like Athena rarely return stolen money to its rightful owners, especially if doing so would destroy their business model. It’s clear they have no intention of doing the right thing voluntarily, so we’re more than willing to use the civil justice system to both hold them accountable and educate the public about the dangers associated with Athena BTMs.”

The suit asserts four causes of action including possession of stolen property, violations of New Jersey’s RICO statute and Consumer Fraud Act, and gross negligence and seeks monetary damages for Ms. Carew and all class members

For more information, please contact Marc Dann at 330-651-3131.

Filed Under: Class Action Lawsuit, Consumer Fraud, cryptocurrency Tagged With: Class Action Lawsuit, Consumer Fraud, cryptocurrency, deceptive practices

Marc Dann set to testify against HB 182, dangerous legislation could lead to the return of predatory payday lending in Ohio

June 18, 2024 By Marc Dann

DannLaw founder Marc Dann
Attorney Marc Dann

Marc Dann and the entire DannLaw team is dedicated to protecting consumers and holding unscrupulous lenders accountable for their actions. That is why Marc is testifying against HB 182 during a hearing of the Ohio House Financial Institutions Committee on Tuesday, June 18, 2024. The hearing will be broadcast live and archived on the Ohio Channel: Ohio House Financial Institutions Committee | The Ohio Channel.

If you believe, as we do, that this legislation threatens consumers, please contact your state representative and tell them to oppose HB 182.

Marc’s testimony follows:

Chairman LaRe, Vice Chairman Pizzulli, Ranking Member Dell’Aquilla,  and Members of the House Financial Institutions Committee:

 I’m Marc Dann. Both as Ohio Attorney General and in private practice I’ve dedicated my career to protecting consumers from financial predators including non-bank lenders.  At my firm DannLaw we have represented hundreds of working- and middle-class Ohioans who have been buried in inescapable consumer debt.

On behalf of the National Association of Consumer Advocates (NACA) and all Ohio Consumers I offer this testimony in opposition to HB 182.

House Bill 182 would harm Ohio consumers by giving non-bank, virtually unregulated consumer lending companies free reign to gouge and take advantage of Ohio consumers. In addition, the legislation will open a gaping hole that will bring the scourge of predatory payday loans back to Ohio.

Let’s remember that everyone in this room is a consumer, including the members of the committee, your staff, the lobbyists who are promoting this bill and each and every one of your constituents.

There is so much wrong with this bill that it’s hard to find a good place to start today.

But, perhaps the worst part of this bad law is the Bona Fide Error provision that  will give lenders  a free pass when they are caught cheating their customers.

This ill-conceived “Free Pass” language creates an incentive for unscrupulous lenders to cheat their customers because they will face neither risk nor consequences for adding extra fees and costs to loans, misreporting customers’ delinquency status to credit reporting agencies, or for suing borrowers who are not actually behind on their obligations.  Combine that with the fact that most of these contracts contain one sided Arbitration provisions that bar consumers suing lenders in court or bringing class action cases over these small dollar loans, and one can only conclude that HB 182 will declare open season on Ohio Borrowers. If you are determined to pass this bill, at least consider an amendment that will prevent lenders from including arbitration provisions and class action waivers in their contracts.

But that’s not the only anti-consumer provision in the proposed law. While loan sharks in the old days were more than happy to charge desperate friends and neighbors 25% “vig”, even they would be embarrassed to demand 36% interest for a short-term loan. Coupled with fees that are often assessed with these loans and language in the bill that will permit lenders to add the interest due on the loan up front and the actual cost balloons to nearly 50%. One of the best days I spent in a legislative hearing room like this was in 2018 when representatives and senators of both parties worked together to pass one of the best payday lending laws in the country, which among other things limited interest on payday loans to a more reasonable 28%. Now short-term lenders propose to gouge consumers 8% more for loans that are underwritten to be more likely to be repaid.

Allowing lenders to charge unlimited fees to refinance or renew these short-term loans is another feature of this bill that will return Ohio to the bad old days of predatory payday lending that existed prior to 2018.  This is another feature that would make these loans more like pre-2018 push your friends and neighbors into an unsustainable cycle of debt that many of us thought were banished once and for all from our state.

The upfront interest provision would allow lenders to collect interest on interest when a borrower defaults on the loan. This is something that is not legal for virtually any other lender.

And a separate provision–unprecedented in lending legislation–allows lenders to collect fees and penalties first instead of applying any payments received to principal first and interest and fees second.

Finally, unlike other consumer protection laws in Ohio this proposed revision of the Short-Term Loan Act would enable lenders to charge for attorney’s fees that are not awarded by a court. That is unfair and will erect another barrier that will make it incredibly difficult for borrowers who have fallen behind to catch up on their payments.

This bill was crafted to create financial products that set up consumers to fail, default on their loan and ultimately force them into bankruptcy.  While that might be good for lawyers or the lenders who charge high fees and interest that will almost certainly generate a profit for companies before consumers default, this bill does nothing to improve the lives of Ohioans or fill an actual marketplace need.

In sum, Ohio consumers would be best served and protected by maintaining current state law which provides reasonable limitations on short term lenders–not by creating an open door that will lead to the restoration of predatory payday lending in Ohio.

Filed Under: In the News

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