The rip-off revolves around a deceptive letter sent by the bad guys, encouraging businesses to comply with their California Corporations Code filing obligations. The bad guys sent a deceptive letter which suggested that the businesses comply with their California Corporations Code obligations by submitting substantial fees to the third party.
This was reversed by the court. The court held that the defendants omission caused the plaintiff to file an untimely claim by the delay.
The letter is often characterized by the following:
- Appears similar to a Secretary of State form (generally the Statement of Information form), containing an official-looking seal;
- Implies that failing to return the form and pay the requested fee may place the business in legal jeopardy, or might cause the business' filings with the California Secretary of State to be in default or noncompliant status;
- Contains a reference to a "file number," "Corp Number," "Corporation Number," or "Control Number" that does not match the number assigned to the entity by the California Secretary of State;
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