| back
to Press Room
Morrison Shuts Down
Alleged Fake Discount Card Operation in Montana
New law provides tools required to charge violators;
Fines of up to $25,000 per
violation could be imposed
7/25/06, Helena, MT– State Auditor John
Morrison issued a cease and desist and charged AmeriPlan
USA, its founding officers, Dennis and Daniel Bloom,
and Shirl Shelley, a Montana resident with numerous
violations of both the Montana Insurance Code and the
Montana Securities Act. The Notice of Proposed Agency
Disciplinary Action is the first of its kind in Montana
and possibly the first in the nation, relying on a new
law governing medical care discount cards. Morrison
promised last year to ensure that medical care discount
card providers were legitimate before they were allowed
to sell these products in Montana and he is now making
good on that promise. Morrison is initiating a statewide
investigation into other similar providers.
“I have zero tolerance for illegal
schemes that prey on Montanans,” said Morrison.
“We designed this new law to help us weed out
the swindlers from the legitimate players so Montanans
are protected.”
The company and its agents and officers
are accused of failing to contract with the medical
care providers (including doctors, nurse practitioners,
physician’s assistants and hospitals) they advertise
as participants in AmeriPlan’s medical care discount
program. The Auditor alleges that over 700 Montana AmeriPlan
members living all across the state are unable to use
the discount cards because there are few, if any, providers
in Montana. Additionally, AmeriPlan is charged with
conducting an illegal pyramid promotional scheme because
it sold “broker packages” for the purpose
of recruiting memberships. Because the memberships were
for discounts that did not exist, Morrison alleges there
is no actual product being sold. AmeriPlan’s largest
source of income in Montana is from the sales of these
“broker packages,” which are nothing but
a pyramid scheme, according to the Auditor’s charging
document.
AmeriPlan’s website and other advertising,
including oral assertions from some of its agents, claim
to have a substantial number of medical care providers,
dentists, and chiropractors contracted to provide a
significant discount through the purchase of its card.
When the Auditor’s office investigated these claims
they were unable to find a single medical care provider
or chiropractor who honored the discount cards, and
the only dentist who had contracted with AmeriPlan is
located in Forsyth. The new law requires the discount
card companies to have contracts for services with providers
located within a 60 mile radius of the card holder.
“This law gives us the tools to
crack down on phony discount card plans,” said
Morrison. “And my office will also be able to
help Montanans make smart choices about medical discount
cards – but people need to pick up the phone and
call us to check out an offer before moving forward.”
The company was told to stop its activity
in November of 2005 but AmeriPlan continued to market
its discount cards until the matter was referred to
Morrison’s legal staff in late April. Additional
charges include securities fraud, using deceptive or
fraudulent practices in the marketing of their discount
cards, selling unregistered securities by unregistered
salespersons and failure to stop marketing the cards
when they were not properly registered.
###
|