Merchant cash advance companies like PowerUp aggressively cold-call, email and text small business owners offering quick and easy funding, merchants told NBC News. But the industry's reach has exploded as money from traditional banks has become less available to these borrowers. Questions Post Question ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named Itria Ventures LLC Search All New York Companies Some companies' aggressive, even menacing, collection techniques are documented in video, recordings and emails provided to NBC News. "I tried to make it work," he said, "but I really was unable to.". Provident also alleges that Mr. Arora represented that he would personally go to TD Bank to close the non-Provident accounts, but he never did, and continued funneling payments through these accounts (id., 94-95). 16. Here, Provident alleges that Biz2Credit, at the direction of Itria and Mr. Arora, represented to Provident that Lotus Exim conducted business at three locations and owned all of the inventory at each location, together with the accounts receivable therefrom, with a total value of $6,000,000, and that it provided such materials and information to Provident to induce it to issue the line of credit to Lotus Exim (Third-Party Compl., 184-186). This is my second time using Biz2Credit, because of how easy Paul made the process for our business. Merchants like Indelicato have been hammered by the coronavirus outbreak. To wit, Provident alleges that Mr. Arora and his companies, Itria and Biz2Credit, were directing Lotus Exim not to deposit the funds into the Provident account but to deposit them into the 1975 Account so that Itria could receive the proceeds (id.). Taken as true, the allegations in the Third-Party Complaint are sufficient to satisfy the requirement to plead that the Itria Parties made affirmative, material misrepresentations of fact, and not just omissions. itria ventures itria ventures llc itria ventures llc itria itria llc itriaventures Itria Ventures Global Presence Search All Employees Key Employees of Itria Ventures Jonathan Gitlin General Counsel Phone Email Please provide any additional information about your inquiry. The 23-page lawsuit alleges Itria and affiliate broker Biz2Credit Inc. have fraudulently misrepresented loans as financing agreements, improperly sought payment outside of purportedly purchased future receivables and unlawfully charged criminally usurious interest rates on top of multiple acts of racketeering.. Itria Ventures of New York City, an affiliate of Biz2Credit, is among the merchant cash advance companies that filed numerous lawsuits in March. ITRIA VENTURES LLC, A DELAWARE LIMITED LIABILITY COMPANY VS GLOBAL NRGY LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL. Runion concedes that he signed the documents that have created the problems. Itria Ventures of New York City, an affiliate of Biz2Credit, is among the merchant cash advance companies that filed numerous lawsuits in March. This browser does not support PDFs. Polyethylene Film / PE Sheet Fraudulent Misrepresentation To state cause of action for fraudulent misrepresentation, "a plaintiff must allege 'a misrepresentation or a material omission of fact which was false and known to be false by defendant, made for the purpose of inducing the other party to rely upon it, justifiable reliance of the other party on the misrepresentation or material omission, and injury'" (Mandarin Trading Ltd., 16 NY3d at 178, quoting Lama Holding Co. v Smith Barney, 88 NY2d 413, 421 [1996]). ITRIA VENTURES LLC, Plaintiff, v. PROVIDENT BANK, Defendant. SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PART IAS MOTION 53EFM. -Defendants Parker and Gitlin are attorneys who represented Itria Ventures in enforcing the allegedly forged documents. Smooth and Easy Process dealing with Paul Woods. Finally, one place to get all the court documents we need. Itria did not respond to the Commissioner's notice. In September 2019, the plaintiff entered into a second loan with Itria for more than $244,000 and was again required to repay $305,000, this time at an accelerated $1,613.76 per day, the lawsuit claims. That translates into $60,812.50 in interest in only 210 days or an annualized interest rate of approximately 43.29% which is well over any reasonable interest rate and fully criminally usurious, the complaint alleges. On March 27, NBC News contacted Bernard Feldman, a lawyer for PowerUp Lending, about the Indelicato case. abbvie ceo richard gonzalez wife; how far is haddonfield, illinois from chicago Provident completed its due diligence and agreed to extend a $17,000,000 line of credit to Lotus Exim secured in part by a first priority lien Lotus Exim's accounts receivable (id., 34). "Working with a broker, I thought he was going to get me a traditional loan that was how the conversation started," Runion said. But there's nobody outside.". "The FTC has to seriously look at rules that ban some of the most extortionate clauses in these loan contracts," he said, adding that the FTC is prepared to "go after some of the loan sharks and their lawyers who run lawsuit mills that are filing some of these sham collection actions.". Five years ago, the merchant cash advance industry financed around $8 billion for small businesses. ", When merchants fall behind on their payments, some direct lenders send threatening emails and texts, owners and their lawyers say. Following the commencement of the bankruptcy proceedings of Lotus Exim and its affiliates, however, Itria took the position that each of Lotus Exim's locations was in fact a separate entity with its own separate accounts receivable and that Lotus Exim did not actually own any inventory or accounts receivable (id., 190-191). The following e-filed documents, listed by NYSCEF document number (Motion 008) 180, 181, 182, 183, 184, 185, 186, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242 were read on this motion to/for DISMISS. Corp. v. Goldman, Sachs & Co., 25 NY3d 1043 [2015]). However, the Court notes that the Doe Defendants have not been dismissed. Biz2Credit, an affiliate of Itria, is a broker that assists businesses in applying for and obtaining financing (id., 2). The Judge overseeing this case is YOLANDA OROZCO. Breach of Written Contract (against Kompugard and Retail Management); and. The Pre-Closing FRSAs were negotiated by Mr. Arora and executed by Mr. Arora on behalf of Itria (id., 11, 12). A former stockbroker, she won the Pulitzer Prize in 2002 for her "trenchant and incisive" reporting on Wall Street. The merchant cash advance agreements typically allow for these remedies. Mr. ITRIA VENTURES LLC vs. WELLS FARGO BANK, NATIONAL ASSOCIATION. A debt settlement company being sued by Itria Ventures in Miami-Dade County, FL was asked to prove its claim that it has managed over $1.5 billion in total debt, court records show. However, the complaint alleges, Itria insisted on repayments no matter what. Motion sequence numbers 007 and 008 are consolidated for disposition. Small businesses are the backbone of the U.S. economy, employing millions of people and paying taxes. Per the lawsuit, Itria and the plaintiff business entered into an agreement whereby the defendant loaned the company more than $244,000. As discussed below, this cause of action is dismissed only inasmuch as it is duplicative of the other fraud claim asserted (sixth cause of action) and because "civil conspiracy to commit fraud" is not a separate cognizable cause of action, but a theory on which a party may proceed in asserting its claim for fraud. Contact/Customer Service phone number: (302) 295-3828 Headquarters: 1000 N West St Ste 1200, Wilmington, Delaware, 19801, United States ; Phone Number: (302) 295-3828 ; Website: www.itriaventures.com ; Revenue: $6 In September 2019, the complaint alleges, Itria lent InvenTel $244,500, with $305,000 to be paid back at $1,613.76 per day, an interest rate of around 47.79%. On March 19, as COVID-19 spread across the U.S., triggering a national emergency, a merchant cash advance company sued Indelicato and his wife, Alice. And, Provident further alleges that the Itria Parties knowingly provided false information to Provident reflecting that Lotus Exim owned $6,000,000 of inventory between its three locations knowing that Provident would rely on this information in making its underwriting determination, with the intention of later claiming that the inventory was actually owned by three separate and distinct entities and did not belong to Lotus Exim. As with many small business owners, he has closed his stores because of the coronavirus pandemic, and his revenues have disappeared. And the best part of all, documents in their CrowdSourced Library are FREE! The company, PowerUp Lending Group of Great Neck, New York, had given North River money to be repaid from the stores' future sales. However, Provident may continue to allege that the parties conspired to commit fraud as a theory of liability. what gas stations sell slush puppies what gas stations sell slush puppies February 8, 2022 This class action involves financing provided to businesses by Itria Ventures, LLC and Biz2Credit, Inc. fechar. Download the NBC News app for full coverage and alerts about the coronavirus outbreak. Runion said he told the cash advance companies that he didn't have the money to pay them. Heskin, who testified last year before Congress about the lenders' tactics, said one of his law partners found a disemboweled rat splayed atop his mailbox in front of his home. Court filings in New York state show at least 313 legal actions brought by 98 companies from March 9 to March 20. NBC News asked Itria and Biz2Credit why they were taking such an aggressive tack against small businesses during a national disaster. Itria Ventures LLC (Itria), Biz2Credit Inc. (Biz2Credit), and Ramit Arora's (Arora, together with Itria and Biz2Credit, collectively, the Itria Parties) motion (Mtn. On February 22, 2023 a Commercial - Contract case was filed by Itria Ventures Llc, represented by Gitlin, Jonathan S., against Aaron Reid, Sentient Decision Science, Inc., represented by in the jurisdiction of Kings County. Runion said the companies that advanced him cash have persuaded an insurer holding $40,000 in reimbursements for procedures he had already completed to send the money to the advance company, not to Runion. He stopped paying around Thanksgiving and hired a restructuring firm, Second Wind Consultants, to help him work out the loans. Merchants are typically required to repay the advances via automatic withdrawals from their bank accounts every day or week. I dealt with Paul and he made the process easy and smooth. At closing, Lotus Exim drew down on the line of credit and used the proceeds to pay off its obligations to the Pre-2017 Senior Lenders and to Itria pursuant to the Pre-Closing FRSAs (id., 60). Case number 1922-AC09632 was filed in the St. Louis 22nd Judicial Circuit Court on July 26. "I will put you in the hospital and your family, call the police I don't care, you and your family will pay." 2023-01-26, San Joaquin County Superior Courts | Contract | "You can't have people freezing assets and demanding payments at a time like this. Plaintiff seeks judgment against Defendants in the total amount of $443,680.93 consisting of $405,300.04, $28,537.28 in prejudgment interest, $3,900.61 in costs, and $5,943.00 in attorney fees. According to the complaint, Itria, a financial services company, and Biz2Credit, a broker, have overlapping ownership and staffs, share office space, and participate in each others affairs. "Their strategy was always to get more," he said. The plaintiff, InvenTel.TV, who is involved in the development, production, sale, marketing and distribution of consumer products, alleges Itria, as a pattern and practice, knows at the time it sends contracts to customers that the agreements are fraudulently and intentionally misleadingly named and described.. Companies often choose to make the filings in New York state, because its statute is powerful and easy to use. 263 PRESENT: HON. 15. . Soon after he received the money, the amount of the repayments began rocketing, Runion said. In any event, as the Court of Appeals has observed, "the question of what constitutes reasonable reliance is not generally a question to be resolved as a matter of law on a motion to dismiss" (ACA Fin. Cancellation and Refund Policy, Privacy Policy, and Under a typical deal, a business might receive $40,000 in exchange for agreeing to hand over $50,000 in future revenue over a few months. C at 2). The tort of conversion occurs "when someone, intentionally and without authority, assumes or exercises control over personal property belonging to someone else, interfering with that person's right of possession" (Colavito v New York Organ Donor Network, Inc., 8 NY3d 43, 50-51 [2006]). REQUEST FOR ENTRY OF JUDGMENT IS CONDITINALLY GRANTED. Here, Provident fails to allege a special or privity-like relationship that would impose a duty on the Itria Parties to impart correct information to Provident. Arora disputed the number and said most of the cases were in the works pre-pandemic. The plaintiffs allege they received loans from Itria that were improperly portrayed as future receivables purchases, in which, the complaint says, the Customers only need to pay back to Itria from a percentage of Future Receivables and importantly, if there are insufficient Future Receivables the funds do not need to be paid back., However, despite provisions in the contracts that state this, the complaint alleges that Itria deems all funds loaned to be due and payable under all conditions, In July 2019, the complaint says, Itria lent InvenTel a first loan of $244,187.50, with $305,000 to be paid back, at the rate of $1,452.38 per day. Biz2Credit offers three main funding options for business owners: Working capital is good for fast financing, and you can get from $25,000 to over $2 million. ITRIA VENTURES LLC, A DELAWARE LIMITED LIABILITY COMPANY VS KOMPUGARD, INC., A CALIFORNIA CORPORATION, ET AL. 007 008. "We went from having good credit and eight or nine stores to having bad credit and three stores," Indelicato said in an interview. "On some of our loans, we were paying over 200 percent. In addition, Provident alleges that the Investors received funds to which Provident had a first priority security interest. On 07/23/2021 ITRIA VENTURES LLC, A DELAWARE LIMITED LIABILITY COMPANY filed a Contract - Other Contract lawsuit against KOMPUGARD, INC , A CALIFORNIA CORPORATION ,. This class action involves financing provided to businesses by Itria Ventures, LLC and Biz2Credit, Inc. NOTICE OF DISMISSAL FOR WANT OF PROSECUTION, Cases involving agreements to pay a specific amount of money (promissory notes, loan and credit card agreements, checks, etc. ITRIA VENTURES LLC VS BOUGIE BAKES LLC, ET AL. Company Contacts ITRIA VENTURES Agent One Penn Plaza Suite 4530 New York, NY 10119 Sponsored Links Reviews Write Review There are no reviews yet for this company. Mr. Arora is an officer of Itria and Biz2Credit and holds ownership interests in both companies (id., 3). Another small business borrower who's been through the wringer with merchant cash advance companies is Jon Runion of Runion Dental Group in Columbus, Ohio. To properly assert a cause of action for conversion, a plaintiff must allege (i) that the plaintiff has a possessory right or interest in the subject property, and (ii) the defendant has exercised dominion and control over the property or otherwise interfered with it, in violation of the plaintiff's right of possession (id., at 50). In one case, Itria filed a suit within days of a Florida business missing a payment. From 2014 through 2017, Itria entered into a series of Future Receivables Sale Agreements (the Pre-Closing FRSAs) with Lotus Exim International, Inc. (Lotus Exim) (id., 10; Third-Party Compl., Ex. New to ClassAction.org? D). Sign up for ClassAction.orgs free weekly newsletter here. sonicwave 231c non responsive Uncovering hot babes since 1919.. cuanto pesa una caja de 24 cervezas. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, For instance, the filings can be entered without a hearing or review by a judge. 2/19/2020, 2020 N.Y. Slip Op. The court, however, disagrees. On a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must afford the pleadings a liberal construction and accept the facts alleged in the complaint as true, according the plaintiff the benefit of every favorable inference (Morone v Morone, 50 NY2d 481, 484 [1980]). As of December 6, 2019, Itria had not paid its annual assessment. F), and "there is no obligation pending now" (Third-Party Compl., Ex. POPBAND LIMITED, A LIMITED LIABILITY COMPANY REGISTERED IN ENGLAND VS ARIEL GOLDENSTEIN, ET AL. "Now, more than ever, alternative lending is going to be needed by small businesses," said Shane Heskin, a lawyer at White and Williams, who represents Indelicato of North River Outfitter and other merchants against direct lenders. Another text to the owner included a Google map showing a driving route the debt collector was taking to the borrower's home. By January 2017, the total amount owed to Itria pursuant to the Pre-Closing FRSAs exceeded $2,000,000 (id., 23). "I don't see how companies that are collecting future receipts can be litigating against companies that don't have any receipts," Indelicato said. Yolanda Orozco in Department 31 Stanley Mosk Courthouse, DocketComplaint; Filed by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); Ariel Goldenstein (Defendant), DocketSummons on Complaint; Issued and Filed by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); Ariel Goldenstein (Defendant), DocketCivil Case Cover Sheet; Filed by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); Ariel Goldenstein (Defendant), DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk, Case Number: *******7216 Hearing Date: November 29, 2021 Dept: 31. 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