itria ventures lawsuit

007) pursuant to CPLR 3211 (a) (1) and (7) to dismiss the third (fraud and civil conspiracy), fourth (negligent misrepresentation), and sixth (fraudulent misrepresentation) causes of action asserted in Provident Bank's (Provident) Amended Answer, Defenses, Counterclaim, and Third Party Complaint (the Third-Party Complaint) is granted solely to the extent that the third cause of action is dismissed as set forth herein, the fourth cause of action is dismissed without prejudice and the sixth cause of action is sustained as a fraud claim, but is otherwise denied. Please download the PDF to view it: Download PDF. Small businesses have borrowed billions from unregulated merchant cash advance companies. Itria Ventures LLC | The Department of Financial Protection and Innovation Itria Ventures LLC License or Case Number: CFL # 60DBO-35839 Date of Initial Action: 12/30/19 Defendants/Respondents: Itria Ventures LLC Contact/Customer Service phone number: (302) 295-3828 Documents: 12/30/19 - Order Summarily Revoking (PDF) 03/23/20 - Consent Order (PDF) Legal filings by cash advance companies, including confessions of judgment filed against small businesses, have been ballooning amid the coronavirus crisis. During the three-week period, Itria filed suit against 20 small businesses for nonpayment, court records show, most of them outside the state. It became a cycle of death. Itria Ventures of New York City, an affiliate of Biz2Credit, is among the merchant cash advance companies that filed numerous lawsuits in March. 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. Case number 1922-AC09632 was filed in the St. Louis 22nd Judicial Circuit Court on July 26. 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. 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]). A). -Defendants Parker and Gitlin are attorneys who represented Itria Ventures in enforcing the allegedly forged documents. Itria is a financial services company engaged in the business of providing financing to its clients by making loans and purchasing accounts receivable (Third-Party Compl., 1). He didn't talk too much about how it was secured or the workings of it.". But the bank backed out after he had signed a new lease and begun construction on the second office, and by spring of last year, Runion said, he desperately needed funding. Motion sequence numbers 007 and 008 are consolidated for disposition. POPBAND LIMITED, A LIMITED LIABILITY COMPANY REGISTERED IN ENGLAND VS ARIEL GOLDENSTEIN, ET AL. Fraud and Civil Conspiracy The Itria Parties argue that the fraud claim and civil conspiracy to commit a fraud must be dismissed because (i) the allegations against the Itria Parties amount to omissions (i.e., passing along information from the borrower - Lotus Exim - which may have been false), and omissions cannot give rise to a claim for fraud absent a special relationship and there was no such special relationship between the Itria Parties and Provident, (ii) as a sophisticated party, Provident cannot establish justifiable reliance, and (iii) civil conspiracy is not recognized as a separate cause of action in New York. Mr. Seq. 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). Itria Ventures LLC (Itria), Biz2Credit Inc. (Biz2Credit), and Ramit Arora's (Arora, together with Itria and Biz2Credit, collectively, the Itria Parties) motion (Mtn. The St. Louis 22nd Judicial Circuit Court reported the following activities in the suit brought by Itria Ventures LLC against Derek Schulze and Red Oak Biscuit Llc on July 29: . itria ventures ppp forgiveness. And the best part of all, documents in their CrowdSourced Library are FREE! Some companies' aggressive, even menacing, collection techniques are documented in video, recordings and emails provided to NBC News. On March 15, the governor of Ohio ordered an end to all oral surgery procedures; Runion's practice is now open six to eight hours a week. Finally, one place to get all the court documents we need. But aggressive lenders are still trying to extract money from their empty coffers. Call the police I don't care.". Currently, the complaint claims, Itria is freezing account owned by Abdul in order to secure payment.. Date published: Sep 24, 2018. Runion said he told the cash advance companies that he didn't have the money to pay them. The First Department has held that "'a sophisticated plaintiff cannot establish that it entered into an arm's length transaction in justifiable reliance on alleged misrepresentations if that plaintiff failed to make use of the means of verification that were available to it'" (HSH Nordbank AG v UBS AG, 95 AD3d 185, 194-195 [2012], quoting Ventur Group, LLC v Finnerty, 68 AD3d 638, 639 [1st Dept 2009] [citation omitted]). The crux of the lawsuit is Kalamata's claim that Biz2Credit secretly referred Kalamata's merchants to Biz2Credit's closely related company, Itria, and intentionally induced those merchants to stack additional cash advances in breach of the merchants' contracts with Kalamata, despite an alleged agreement between with Kalamata and Biz2Credit that As in any industry, some of the companies' practices are more problematic than others. This case was filed in New York County Courts, Supreme Court Civil Term located in Niagara, New York. 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 Want to stay in the loop on class actions that matter to you? On March 27, NBC News contacted Bernard Feldman, a lawyer for PowerUp Lending, about the Indelicato case. During the three-week period, Itria filed. Guar. 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). ITRIA VENTURES LLC vs. WELLS FARGO BANK, NATIONAL ASSOCIATION. Thus, Provident reasonably relied on the Itria Parties' misrepresentations in making the loan to Lotus Exim and in continuing to extend additional financing, and that it would not have done so but for the Itria Parties' fraudulent conduct and would have frozen all advances and pursued its available remedies if it was not defrauded (id., 152, 153, 158, 159). Itria Ventures provides a platform through which institutional investors can access small businesses looking for funding through a proprietary online dashboard. 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. Provident asserts a fraud cause of action (the sixth cause of action), which is well-accepted under New York law, and simply alleges that the Itria Parties conspired together to commit the fraud, which is entirely permissible. Biz2Credit did not, however, disclose that Itria owned 100% of Lotus Exim's accounts receivable pursuant to the Pre-Closing FRSAs (id., 30). ITRIA VENTURES LLC, A DELAWARE LIMITED LIABILITY COMPANY VS KOMPUGARD, INC., A CALIFORNIA CORPORATION, ET AL. A representative of Lotus Exim, Anshul Maheshwari, replied to Mr. Forleiter and cc'd representatives of Biz2Credit, and Itria on January 3, 2017, stating: A party may move for judgment dismissing one or more causes of action on the ground that the pleadings fail to state a cause of action for which relief may be granted (CPLR 3211 [a] [7]). He provided a photo to NBC News. In a return email, he said the firm had decided to stand down for the moment. Biz2Credit, Itria Ventures LLC and John Does 1-10 are collectively referred to as "Itria". However, the Court notes that the Doe Defendants have not been dismissed. Read our Newswire Disclaimer. D). D). The plaintiffs one-page notice of voluntary dismissal can be found here. Finally, one place to get all the court documents we need. REQUEST FOR ENTRY OF JUDGMENT IS CONDITINALLY GRANTED. Protected by Google ReCAPTCHA. But there's nobody outside.". In addition, Provident alleges its efforts to verify the Due Diligence Materials and information provided by the Itria Parties were stymied by the Itria Parties' active concealment of critical information and by their misrepresentations of material fact. The argument, however, fails. ITRIA VENTURES - Trademark Details. 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. Abstract of Judgment - Civil and Small Claims; Issued by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff), Notice of Rejection - Post Judgment; Filed by: Clerk, Writ of Execution (San Francisco ); Issued by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); County: San Francisco, Writ of Execution (Los Angeles); Issued 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); County: Los Angeles, Notice of Entry of Judgment; 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), On the Complaint filed by Itria Ventures LLC, a Delaware limited liability company on 07/23/2021, entered Order for Dismissal with prejudice, does 1-50, Updated -- Certificate of Mailing [Notice of Case Management Conference filed on 07/26/2021]: Name Extension: [Notice of Case Management Conference filed on 07/26/2021]; As To Parties: removed, Address for Jason S. Takenouchi (Attorney) updated, Case Management Conference scheduled for 11/29/2021 at 09:00 AM in Stanley Mosk Courthouse at Department 31, Notice of Case Management Conference; Filed by: Clerk, Case assigned to Hon. The plaintiffs in this case are InvenTel.tv, LLC, a direct-response television marketing company, and Yasir Abdul, its CEO. Itria's marketplace lending platform makes funds available to small businesses. In this case, Provident alleges Provident had a security interest in Lotus Exim's accounts receivable, and that Lotus Exim transferred the proceeds of the accounts receivable to the 1975 Account, and the Investors interfered with Provident's right of possession of the proceeds by receiving and retaining payments from Itria through the 1975 Account (Third-Party Compl., 173-182). ABOUT PPP LOAN FUNDING All Biz2Credit originated PPP loans are funded by Biz2Credit's funding affiliate, Itria Ventures, LLC. The only source of capital he could find was from merchant cash advance companies. This class action involves financing provided to businesses by Itria Ventures, LLC and Biz2Credit, Inc. Court: UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA. Will be used in accordance with our terms of service & privacy policy. "Working with a broker, I thought he was going to get me a traditional loan that was how the conversation started," Runion said. Paul and his team were very transparent during the entire process. 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. 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.. 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%. 2023-01-26, San Joaquin County Superior Courts | Contract | UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 2023-01-30, Los Angeles County Superior Courts | Contract | to transfer this lawsuit filed by the defendant, (Doc. 2023-01-27, Los Angeles County Superior Courts | Contract | ", When merchants fall behind on their payments, some direct lenders send threatening emails and texts, owners and their lawyers say. It also alleges Itria took wrongful, harmful and extortive acts to try to collect. The central argument here fails because, among other things, Provident's Third Party Complaint alleges more than omissions, but active fraudulent statements from Itria/Biz2Credit. Download the NBC News app for full coverage and alerts about the coronavirus outbreak. (NBC News received no evidence that PowerUp, Itria or Biz2Credit had sent menacing messages to borrowers or had sent debt collectors to their homes, or had engaged in any other improper collection practice. Stretch Film Division. ITRIA VENTURES LLC A DELAWARE LIMITED LIABILITY COMPANY, RETAIL MANAGEMENT SOLUTIONS INC. A DELAWARE CORPORATION, 5/19/2022: Notice of Rejection - Post Judgment, 5/20/2022: Notice of Rejection - Post Judgment, 5/26/2022: Notice of Rejection - Post Judgment, 5/31/2022: Abstract of Judgment - Civil and Small Claims, 5/2/2022: Notice of Rejection - Post Judgment, 5/4/2022: Writ of Execution - WRIT OF EXECUTION (SAN FRANCISCO ), 1/7/2022: Notice of Rejection - Post Judgment, 1/11/2022: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES), 10/6/2021: Request for Entry of Default / Judgment, 10/15/2021: Notice - NOTICE NOTICE OF ENTRY OF DEFAULT JUDGMENT, 11/17/2021: Proof of Service (not Summons and Complaint), 11/17/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment, 11/17/2021: Request for Entry of Default / Judgment, 11/29/2021: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE), DocketAbstract of Judgment - Civil and Small Claims; Issued by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff), DocketNotice of Rejection - Post Judgment; Filed by: Clerk, DocketWrit of Execution (San Francisco ); Issued by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); County: San Francisco, DocketWrit of Execution (Los Angeles); Issued 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); County: Los Angeles, DocketNotice of Entry of Judgment; 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), DocketOn the Complaint filed by Itria Ventures LLC, a Delaware limited liability company on 07/23/2021, entered Order for Dismissal with prejudice, does 1-50, DocketUpdated -- Certificate of Mailing [Notice of Case Management Conference filed on 07/26/2021]: Name Extension: [Notice of Case Management Conference filed on 07/26/2021]; As To Parties: removed, DocketAddress for Jason S. Takenouchi (Attorney) updated, DocketCase Management Conference scheduled for 11/29/2021 at 09:00 AM in Stanley Mosk Courthouse at Department 31, DocketNotice of Case Management Conference; Filed by: Clerk, DocketCase assigned to Hon. The agreements are enforceable contracts the borrowers have agreed to, lawyers say, but some of the aggressive collection practices, such as visiting borrowers' homes, aren't legal, they contend. But InvenTel had a factor, Franklin Capital Holdings, LLC, that had a priority security interest in InvenTels assets. Pa. Sep. 24, 2018) Citing Cases. Cancellation and Refund Policy, Privacy Policy, and Seq. A motion to dismiss pursuant to CPLR 3211 (a) (1) will be granted only where the documentary evidence conclusively establishes a defense to the plaintiff's claims as a matter of law (Goshen v Mutual Life Ins. But the industry's reach has exploded as money from traditional banks has become less available to these borrowers. For this first loan, the plaintiff was required to pay back to Itria $305,000 at a rate of $1,452.38 per day, the suit says. The Itria Parties argue that Provident merely alleges that the Itria Parties failed to disclose certain documents and information, which amounts, at most, to acts of omission rather than affirmative misrepresentations, and that the fraud claim must therefore be dismissed because there is no special relationship between Itria Parties and Provident. A screenshot of a text sent to a small business owner. F), and "there is no obligation pending now" (Third-Party Compl., Ex. "We have no intention of pursuing this matter at the present time," Feldman wrote. 30494 (N.Y. Sup. The Judge overseeing this case is MOYE', ERIC. Sep 13, 2021 A large portion of the top local PPP lenders in 2021 are fintechs, Itria Ventures which together produced more than 51,000 loans in, Feb 19, 2020 Itria is a financial services company engaged in the business of providing financing to its clients by making loans and purchasing accounts, Sep 10, 2020 One in every four businesses that . 26 Feb Feb chrysler capital lawsuit; who loves who more calculator. 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. Written by on 27 febrero, 2023.Posted in fd150 phone line not connected.fd150 phone line not connected. by Corrado Rizzi He said the companies have almost killed his business. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Section 9-332 of the New York Uniform Commercial Code (the NY UCC) provides: "[a] transferee of money takes the money free of a security interest unless the transferee acts in collusion with the debtor in violating the rights of the secured party" (NY UCC 9-332 [a]). February 27, 2023 alexandra bonefas scott No Comments . "I will put you in the hospital and your family, call the police I don't care, you and your family will pay." Biz2Credit, an affiliate of Itria, is a broker that assists businesses in applying for and obtaining financing ( id ., 2). NBC News asked Itria and Biz2Credit why they were taking such an aggressive tack against small businesses during a national disaster. By January 2017, the total amount owed to Itria pursuant to the Pre-Closing FRSAs exceeded $2,000,000 (id., 23). moberly women's basketball roster includes invalid characters for a local volume name floyd leroy patterson memorial sloan kettering pulmonary critical care fellowship pretty boy floyd son water dispenser support collar dan gheesling conservative guelph police raid acetabular sclerosis treatment pollock dining commons edwards county property map how many wives does mufti menk have describe two . The class for this action is all persons or entities who borrowed money from Itria Ventures or Biz2Credit using a nominal future receivables sale agreement or similar arrangement, between February 8, 2018 and February 8, 2022, whose funding was treated as a loan by Itria and Bz2Credit who sought repayment under all circumstances, even when the percentage of receivables set forth in the contract is less than the nominal daily amount of repayment. 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