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Title: Donald Trump still battling lawsuits from defunct Trump University
Source:
CNN Money
URL Source: http://money.cnn.com/2015/07/24/new ... -university-lawsuit/index.html
Published: Aug 15, 2015
Author: Jeanne Sahadi and Karen McGowan
Post Date: 2015-08-15 14:22:58 by Tooconservative
Keywords: None
Views: 4233
Comments: 43
Trump is involved in two lawsuits brought by former students and one by the New York Attorney General. The Donald is expected to be questioned under oath next month in a class action lawsuit brought by Art Cohen, who spent more than $36,000 on the Trump programs. Cohen's suit alleges that Trump University failed to deliver on its promises to provide a premier education. Trump University, launched in 2005, promised to teach students the mogul's investing techniques to get rich on real estate. But the suit claims the teachers were not professors hand-picked by Trump as advertised, but rather independent contractors paid commissions for sales of the seminars and products. The suit also alleges that the University would "upsell" students in its initial free seminar to buy a $1,495 "one year apprenticeship" -- which was effectively a three-day seminar. Then if they bought that, the teachers would upsell them again to buy "mentorships" at a cost of $10,000 and up. The most expensive, the Gold Elite program, cost $35,000. "Even then, after investing nearly $36,500, students still do not receive Defendant Trump's 'secrets' they were promised, but are constantly subjected to upsell of additional Live Events, products and books," the Cohen suit said. Trump's camp rejects the allegations. "Mr. Cohen's claims are completely baseless," said Alan Garten, the executive vice president and general counsel of The Trump Organization. Jason Forge, an attorney representing Cohen, said "We'd rather try this case in court." In addition to Trump's upcoming deposition, more information about his financial stake in the school may be revealed. U.S. District Judge Gonzalo Curiel in California ordered that the plaintiff may reopen depositions of various Trump witnesses where they were asked but didn't answer questions about the money Trump put into -- and received from -- Trump University. Cohen's Trump University suit isn't the first. Another class action suit representing students in California, Florida and New York made similar claims and is still pending. And in a suit brought by the State of New York, a trial court found Trump was personally liable for running an unlicensed school and must pay restitution to approximately 800 consumers nationwide who took courses after May 31, 2010 from the Trump Entrepreneur Initiative (formerly known as Trump University). In addition, the court authorized Trump's attorneys to take the deposition of more than 5,000 consumers who took courses before that date and for whom New York State Attorney General Eric Schneiderman is seeking restitution under claims of fraud.
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Presidential candidate Donald Trump wants to "Make America Great Again!" Before he can do that, he has to answer to allegations that his now-defunct Trump University was a scam.
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Begin Trace Mode for Comment # 38.
#38. To: TooConservative, misterwhite, Vicomte13 (#0)
TRUMP UNIVERSITY LLC CASE This case was filed 04/30/2010 and is ongoing. The award of Fees and Costs related below should not be mistaken as arising from the case in main. It relates to costs and fees to defend a counter claim of defamation. The Docket Report also lists Donald J. Trump and Does 1-50 as defendants. Docket entry #404, dated 04/09/2015 states: This was against Trump University, LLC and not Donald J. Trump personally. The LLC was found to be a public figure for the limited purposes of a defamation claim over its educational practices, affecting the standard of proof required to sustain a claim of defamation, and requiring a showing of actual malice on the part of Makaeff. An attempt to show actual malice was not sustained, resulting in the award of fees and costs. The nature of the suit is described in Tarla Makaeff et al. v. Trump University LLC et al., 9th Cir. 11-55016, CASD 3:10-cv-00940 (17 Apr 2013), OPINION at 8-10: In August 2008, Tarla Makaeff attended Trump University’s three-day “Fast Track to Foreclosure Workshop” at a cost of approximately $1,495, which Makaeff says she split with a friend. Makaeff describes the seminars as slick productions featuring carefully choreographed presentations, speakers blaring “For the Love of Money,” the theme song from Trump’s hit reality television series “The Apprentice,” and Trump University representatives exhorting customers to raise their credit card limits, ostensibly to enable “real estate transactions,” but actually to facilitate the purchase of the $34,995 “Trump Gold Elite Program.” Apparently persuaded, Makaeff paid $34,995 to enroll in the Gold Elite Program, which entitled her to four three-day “advanced training workshops,” a three-day “mentoring session in the field,” and “training publications, software, and other materials.” Makaeff’s satisfaction with the program was short-lived. In April 2009, after completing five more programs and workshops, and after seven months of the Gold Elite Program, she wrote an email to Trump University complaining that she was in a “precarious financial position” and that she “did not receive the value that I thought I would for such a large expenditure.” Makaeff had earlier spoken by phone with a Trump University representative who had told her that she was ineligible for a refund of the cost of the program. In response to Makaeff’s email, Trump University offered more free “mentoring services,” which Makaeff accepted. By Fall 2009, however, the relationship between Makaeff and Trump University had gone irretrievably south. Makaeff wrote to her bank and the Better Business Bureau, contacted government agencies, and posted on Internet message boards about her dispute with Trump University. Makaeff requested a refund of $5,100 from her bank for services charged for Trump University programs. In the letter to the Better Business Bureau, Makaeff requested a refund of her payments for services that she did not receive. In both letters, Makaeff asserted that Trump University engaged in “fraudulent business practices,” “deceptive business practices,” “illegal predatory high pressure closing tactics,” “personal financial information fraud,” “illegal bait and switch,” “brainwashing scheme[s],” “outright fraud,” “grand larceny,” “identity theft,” “unsolicited taking of personal credit and trickery into [sic] opening credit cards,” “fraudulent business practices utilized for illegal material gain,” “felonious teachings,” “neurolinguistic programming and high pressure sales tactics based on the psychology of scarcity,” “unethical tactics,” “a gargantuan amount of misleading, fraudulent, and predatory behavior,” and business practices that are “criminal.” Trump University claims that Makaeff published similar statements to unknown third parties and to the general public on the Internet. In April 2010, Makaeff filed a class action complaint against Trump University, accusing it of, among other things, deceptive business practices. Trump University counterclaimed against Makaeff for defamation based on the statements in her letters and Internet postings. Thereafter, Makaeff moved under California’s “anti-SLAPP” law, California Code of Civil Procedure § 425.16, to strike the defamation claim, a motion the district court denied. While it held that Trump University’s suit arose from protected conduct under the anti-SLAPP statute, the court concluded that Trump University had demonstrated a reasonable probability of prevailing on the merits of its defamation claim, and therefore dismissal of that claim under the anti- SLAPP statute was not warranted. http://www.law360.com/articles/601383/the-donald-will-not-be-deposed-again-in-trump-u-suit By Michael Lipkin ... The case is Tarla Makaeff et al. v. Trump University LLC et al., case number 3:10-cv-00940, in the U.S. District court for the Southern District of California. http://www.courthousenews.com/2015/04/20/798-000-award-against-trump-university.htm By Rebekah Kearn Posted By Evan Mascagni http://www.usatoday.com/story/money/business/2013/08/24/trump-university-fraud-ny/2696367/ Michael Gormley
#39. To: nolu chan (#38)
By Michael Lipkin I think the judge changed this in the last few months. Not that I care deeply.
The way I read that award is she gets $8,000 in costs and $790,000 in anticipation of a successful Trump anti-defamation suit for $790,000. Trump is getting his own money.
Top • Page Up • Full Thread • Page Down • Bottom/Latest ORDER Granting in Part and Denying in Part 331 Plaintiff/Counter Defendant Tarla Makaeff's Request for Fees and Costs. The Court awards Makaeff $790,083.40 in fees; the Court awards Makaeff $8,695.81 in costs; the Court Grants 368 Makaeff's ex parte application to file a limited response. Signed by Judge Gonzalo P. Curiel on 4/9/15. (dlg) (Entered: 04/09/2015)
B.
The Donald Will Not Be Deposed Again In Trump U. Suit
Law360 San Diego
December 3, 2014, 9:20 PM ET $798,000 Award Against Trump University
Monday, April 20, 2015
Last Update: 7:23 AM PT
Courthouse News Service Makaeff’s Anti-SLAPP Motion (Finally) Granted in Lawsuit Against Trump University – Anti-SLAPP Statute Still Applicable to State Claims in Federal Court
Jun 24, 2014
California's Anti-SLAPP Project N.Y. AG sues Trump, 'Trump University,' claims fraud
Associated Press 7:09 p.m. EDT
August 26, 2013
Replies to Comment # 38. The Donald Will Not Be Deposed Again In Trump U. Suit
Law360 San Diego
December 3, 2014, 9:20 PM ET
#40. To: nolu chan (#38)
"$798,000 Award Against Trump University"
End Trace Mode for Comment # 38.
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