|
|
Lawsuits/Legal Action v. emodel.com / Options Talent Group
emodel.com changed its name to Options Talent early in 2002, because a class-action lawsuit was about to be filed, some people claim. The above graphic is a screen capture at Monster.com when "eModel" placed a job ad for an attorney on January 29, 2002, at the location of Orlando, Florida, the location of the corporate headquarters of eModel.com, Inc.! Near the end of a seven-page special report Sandy Brundage wrote:
One attorney asked for information in 2001 from those with experience working at or for emodel.com, to investigate the company, to determine if a class-action lawsuit could be filed, citing the specific case of previous legal action against a scam modeling/talent agency. Men and women who were previously involved with emodel.com have said they want to be part of a class-action lawsuit against emodel.com/Options Talent Group, because they were scammed, ripped off, or they were not paid. They feel the scam has gone on long enough and it has to be stopped. A woman who paid emodel.com said she and her cousin were scammed by emodel, and she wanted to be part of a class-action lawsuit against emodel.com/Options Talent. She works at a large law firm in Florida which has class-action lawsuit experience. On February 8, 2002, a singer/actress who said in an online forum she had been "recently scouted" by emodel/Options Talent, contacted modeling agencies they used in their advertising, and then reported: "Elite said they were in a law suit against them for using their name illegally." At least one major modeling agency had earlier reported they had sent a cease-and-desist letter to emodel.com for its fraudulent use of their name in their advertising, but emodel.com refused to stop using their name. The New York Post reported in January 2002 that both Elite and Ford had asked emodel.com to remove their name from their website, and Elite in fact sent a cease-and-desist letter to emodel.com in May 2001. It has become increasingly clear the decisions about fraudulent advertising were made by the leadership of the company. It was not a decision by a single franchise. The flagship website represents the entire business, every franchise. Indeed one former employee at emodel.com has told the story of how there were arguments between a leader of emodel.com and an attorney. Not an attorney outside emodel.com, but the attorney for emodel.com. The attorney was evidently telling emodel.com's leader their advertising was illegal. But the former employee said the same leader asked for the advertising copy to be changed after the dust settled from the arguments with the attorney. Letters re. Class-Action Lawsuit/Lawsuits vs. emodel.com/Options Talent: [1] "My cousin and I enrolled with emodel, now Options Talent. If you know of anyone who is going to sue them (class action suit), please contact me, and let me know." [2] "I would like to find out how to file a lawsuit against them, and find out if it is even possible." [3] "What can be done? Can emodel participants sue? I am very angry at emodel, and would like action taken so I can at least get my money back." [4] "I would like to know if there is a class action lawsuit against these people so I too can get involved." [5] "I just read that there might be a class action lawsuit filed by former employees of Options Talent. Any info?" [6] "I have been working for Options Talent (eModel.com), but I was let go with no explanation... We used to work extra long days, and not get paid extra for it. You are not allowed to break for lunch, etc. Please let me know if I have a case here and an opportunity for a lawsuit." Related: Class Action Lawsuit Forum Related: Lieff Cabraser Heimann & Bernstein Class Action Lawsuit Articles ("Lieff Cabraser actively prosecutes cases on behalf of the public against corporations for alleged false advertising and deceptive marketing campaigns.") Federal Trade Commission vs. Ralph Edward Bell and Jason Hoffman Three claims/complaints against emodel/Options Talent were/are: 1) Two of the leaders were/are Ralph Edward Bell and Jason Hoffman 2) emodel/Options Talent pretended/pretends to be highly selective in choosing talent it represents. 3) emodel/Options Talent does not have industry expertise to assess consumers' marketability as models. Two of these men, Ralph Bell and Jason Hoffman, were prosecuted for fraud by the FTC just a few years ago (1999): UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA FEDERAL TRADE COMMISSION, Plaintiff v. MODEL 1, INC., et al., Defendants. Civil No. 99-737 A A summary of the points relevant to emodel/Options Talent are highlighted: "Individual defendants" shall refer to Jason Hoffman and Ralph Edward Bell. I. PROHIBITED BUSINESS ACTIVITIES A. IT IS THEREFORE ORDERED that defendants are permanently restrained and enjoined from engaging, participating, or assisting in any manner in the advertising, marketing, promotion, or offering of screen tests, casting calls or auditions when such screen tests, casting calls or auditions are being offered by defendants, their employees or persons directly or indirectly under their control, and when such activities are being offered in conjunction with the advertising, marketing, promotion, offering for sale of any product or service; provided that nothing in this paragraph shall prohibit any defendant who is employed as a booking agent, from holding screen tests, casting calls, or auditions to cast projects; B. Defendants and their officers, directors, agents, servants, employees, salespersons, attorneys, corporations, subsidiaries, affiliates, successors, assigns, and other entities or persons directly or indirectly under their control, and all persons or entities in active concert or participation with them who receive actual notice of this Order by personal service, facsimile or otherwise, are hereby permanently restrained and enjoined from making or assisting others to make, expressly or by implication, any false or misleading oral or written representation, in connection with the offer or sale of any goods or services for aspiring or professional models and actors, including, but not limited to: 1. That they are selective in scouting, screening, and reviewing consumers for marketability as models or actors; 2. That consumers are likely to obtain substantial paid employment as models or actors through defendants' efforts; 3. That their principal source of income is commissions on the fees paid to their models and actors by clients; 4. That individual talent scouts, Vice Presidents, sales personnel or other agents have industry expertise to assess consumers' marketability as models or actors; 5. That any person or entity has hired talent trained by defendants; 6. The availability of specific modeling or acting assignments; or, 7. That a screen test or audition is likely to lead to acting or modeling employment. There are two ways to look at the ruling. Firstly, from the point of view of two men who have apparently violated the ruling of the Federal Trade Commission. Secondly, from the point of view of what the FTC considers fraud in the modeling industry. One report said both men kept a low profile and kept their names and pictures of themselves off the emodel website. Obviously, if they had put their names on the site, the FTC would be able to see they were violating the permanent ban.
Screen capture of online forum post by former Corporate Employee at emodel/Options Talent naming leaders of emodel and Options Talent In any case, perhaps more important than who leads the fraud, is the type of fraud Options Talent is allegedly involved in appears to be very similar to what the FTC has already prosecuted. The modeling/talent business of Ralph Edward Bell and Jason Hoffman was shut down. The final judgment on them as individuals put them out of business. According to the BBB file:
The Better Business Bureau had further comments about Model 1, the company listed under the name of Jason Hoffman, President.
The same pattern of complaints against emodel and now Options Talent has been reported: Options Talent has failed to substantiate its advertising and promotional claims. Options Talent uses high-pressure sales tactics. Options Talent provides incomplete information about costs, omitting it from initial contact, and leaving it until just before a high-pressure sales pitch is made. The legal action against the Model 1 business by the FTC addressed the issue of expertise. The defendants could not claim "individual talent scouts, Vice Presidents, sales personnel or other agents have industry expertise to assess consumers' marketability as models or actors." This is another complaint against emodel and Options Talent. The model scouts and talent executives do not have industry expertise, because they do not have industry experience. The advertising for the work even says no experience necessary. For all of the reasons above the FTC could prosecute Options Talent Group and shut it down. There is legal precedent. If you don't believe it, call them and find out. Ask them, "What are the precedents and legal grounds for prosecution of a modeling/talent business?" Or simply tell them what you have heard and read is happening at "a company" (read: the complaints), and ask them if it is grounds for 1) investigation or 2) prosecution. You can file a complaint with the FTC by contacting the Consumer Response Center:
Although the Commission cannot resolve individual problems for consumers, it can act against a company if it sees a pattern of possible law violations. Related: FTC Wins Permanent Injunction Against Talent Broker "A federal District Court in New Jersey has issued a permanent injunction against a New Jersey seller of child-modeling services, at the Federal Trade Commission's request. National Talent Associates (NTA) and its president, Jerome P. Ashfield, had been charged by the FTC with misrepresenting their ability to place children in high-paying modeling and acting jobs, in violation of a previous consent order. The court also ordered the defendants to pay a $160,000 civil penalty." |
emodel/Options Talent Group Research Index
