Antitrust Law Daily Wrap Up, CONSUMER PROTECTION NEWS: Arkansas Attorney General files suit against fake ID maker, (Aug 27, 2014)
Organizations Mentioned:AmeraCard Enterprises, Inc.
By Greg Hammond, J.D.
Arkansas Attorney General Dustin McDaniel filed suit yesterday against the makers of identification cards allegedly designed to resemble official state-issued IDs. AmeraCard Enterprises, Inc. and its owner, Joseph Cassara, are accused of violating the Arkansas Deceptive Trade Practices Act.
The complaint asserts that the “fake” ID cards are inherently deceptive and false, due to the intentional resemblance to official state-issued IDs. Specifically, the Attorney General alleged that the ID cards in question are the same size as state-issued IDs; the materials used to make the cards are similar; and both include a date and signature, address, date of birth, gender, height, color of eyes, issue date, and identification number.
The defendants’ marketing of the ID cards was also claimed to be deceptive, as the company represented to consumers that the ID cards are “required by law,” “legally issued,” and can be used as a “secondary form of identification, and in many occasions, as a primary form of identification.” However, according to McDaniel, there is nothing official about the cards. Consequently, the Attorney General claims that the allegedly fake ID cards are detrimental to consumers, as they are “far more expensive than any government issued ID,” and “they have no legal significance or value.”
“These cards are advertised as being acceptable as secondary identification and in some instances, even as a primary ID,” stated McDaniel. “Those claims and the other claims used by the company to urge Arkansas vendors to sell these IDs are patently false. These bogus ID cards are a waste of money for consumers.”
McDaniel is seeking preliminary and permanent injunction; restitution; civil penalties in the amount of $10,000 for each violation of the ADTPA; forfeiture of corporate charters, licenses, permits and authorization to do business in Arkansas; and attorney fees and costs.
Companies: AmeraCard Enterprises, Inc.
News: ConsumerProtection StateUnfairTradePractices ArkansasNews