IN THE CIRCUIT COURT OF THE COUNTY OF HENRICO

Similar documents
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA. Plaintiff, CASE NO.

Plaintiff, Bernard Woodruff ("Woodruff), by the undersigned attorneys, makes the

Case 2:17-cv Document 1 Filed 11/09/17 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

STATE OF FLORIDA DEPARTMENT OF HEALTH

VERIFIED COMPLAINT FOR TERMPORARY RESTRAINING ORDER AND A PRELIMINARY AND PERMANENT INJUCTION AND DECLARATORY RELIEF INTRODUCTION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

STATE OF FLORIDA DEPARTMENT OF HEALTH

- vs - Index No.I Assigned Justice John M. Curran. Respondents. Upon the annexed petition of Mary Holl, verified October 12,

STATE OF FLORIDA DEPARTMENT OF HEALTH

Case 2:16-cv Document 1 Filed 09/29/16 Page 1 of 7 Page ID #:1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA BOARD OF CLINICAL SOCIAL WORK, MARRIAGE AND FAMILY THERAPY AND MENTAL HEALTH COUNSELING

STATE OF FLORIDA DEPARTMENT OF HEALTH

Case3:12-cv CRB Document270 Filed06/26/15 Page1 of 7 UNITED STATES DISTRICT COURT

to South Dakota law for breach of contract damages against the above-named Defendant. NATURE OF THE CAUSE OF ACTION

WarmWise Audits & Rebates Contest Drawing PA-7 OFFICIAL RULES

ADMINISTRATIVE COMPLAINT

Case3:12-cv CRB Document224 Filed04/03/15 Page1 of 6

STATE OF FLORIDA DEPARTMENT OF HEALTH

Case 3:14-cv JWD-RLB Document 1 08/22/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF LOUISIANA

ALABAMA DEPARTMENT OF MENTAL HEALTH BEHAVIOR ANALYST LICENSING BOARD DIVISION OF DEVELOPMENTAL DISABILITIES ADMINISTRATIVE CODE

STATE OF FLORIDA BOARD OF NURSING FINAL ORDER. This matter appeared before the Board of Nursing at a dulynoticed

STATE OF FLORIDA DEPARTMENT OF HEALTH ADMINISTRATIVE COMPLAINT. Petitioner, Department of Health (Department), files this

Case 4:10-cv JLH Document 1 Filed 05/06/10 Page 1 of 10 EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION COMPLAINT

9/21/2017 4:16:26 PM 17CV41502 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH. Case No.: ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Filing # E-Filed 09/22/ :08:22 AM

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH ADMINISTRATIVE COMPLAINT. COMES NOW, Petitioner, Department of Health, by and through its

IN THE CIRCUIT COURT OF THE 15 th JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA

ADMINISTRATIVE COMPLAINT

Courtesy of RosenfeldInjuryLawyers.com (888)

The WebMD Migraine Pampering Package Sweepstakes Official Rules

COMPLAINT FORM CONSENT AND RELEASE

INNOSPEC INC. GIFTS, HOSPITALITY, CHARITABLE CONTRIBUTIONS, AND SPONSORSHIPS POLICY

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT COMPLAINT

Case No. CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL. Plaintiffs Wesley Thornton and Antoinette Stansberry bring this Class Action Complaint

EEOC v. ABM Industries Inc.

STATE OF FLORIDA BOARD OF CLINICAL SOCIAL WORK, MARRIAGE AND FAMILY THERAPY AND MENTAL HEALTH COUNSELING

STATE OF FLORIDA DEPARTMENT OF HEALTH

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA : : : : : : : : : : : : : : Case No: COMPLAINT

Courthouse News Service

I have read this section of the Code of Ethics and agree to adhere to it. A. Affiliate - Any company which has common ownership and control

Case 1:14-cv WMS Document 8 Filed 12/15/15 Page 1 of 13

SUBCHAPTER 13. HEALTH CARE SERVICE FIRMS

Case 1:15-cv Document 1 Filed 05/28/15 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

[LICENSED AND ACCREDITED ACUTE CARE HOSPITAL/CLINIC/OTHER]

PROPOSED REGULATION OF THE CHIROPRACTIC PHYSICIANS BOARD OF NEVADA. LCB File No. R October 3, 2005

OFFICIAL RULES 2019 HEARST HEALTH PRIZE

STATE OF FLORIDA DEPARTMENT OF HEALTH

#AcneFreeLife Sweepstakes Official Rules:

CHRISTIAN COUNTY SHERIFF S OFFICE CORRECTIONAL CENTER * CENTER 301 W. FRANKLIN STREET P. O. BOX 678 TAYLORVILLE, IL 62568

TORRID MODEL SEARCH. Official Rules of Program, Contest and Conduct. As of May 21, 2017

Hostgator Scholarship Program. Official Rules

Illinois Hospital Report Card Act

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA

Google Impact Challenge: SOUTH AFRICA OFFICIAL RULES

STATE OF FLORIDA DEPARTMENT OF HEALTH

REQUEST FOR PROPOSAL (RFP) FOR LOCAL COUNSEL LEGAL REPRESENTATION FOR LYCOMING COUNTY IN POTENTIAL OPIOID- RELATED LITIGATION

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA. Jury Trial Demanded COMPLAINT

The Chevron-Marketer Miami-Dade Fuel Your School Promotion Miami-Dade County in Florida

INNOSPEC GROUP GIVING AND RECEIVING GIFTS & HOSPITALITIES PROCEDURES

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Providers Can Halt Negative Advertisements in Court

Friendship Football Five Pick 'em Challenge Contest Terms & Conditions

GUIDELINES FOR BUSINESS IMPROVEMENT GRANT PROGRAM BY THE COLUMBUS COMMUNITY & INDUSTRIAL DEVELOPMENT CORPORATION

Case 1:15-cv EGS Document 50 Filed 12/22/15 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

FIRST AMENDED Operating Agreement. North Carolina State University and XYZ Foundation, Inc. RECITALS

REQUEST FOR PROPOSAL For East Bay Community Energy Technical Energy Evaluation Services

) [Hon. Jeffrey S. S. White] White] LTD, a a Cayman Islands entity, entity, ) CASE NO. CV JSW JSW LTD, a a Swiss entity; and and JULIUS ) ) ) )

CBS 11/TXU Energy Beat the Heat Contest

RULES AND REGULATIONS OF THE AMERICAN BOARD OF QUALITY ASSURANCE AND UTILIZATION REVIEW PHYSICIANS, INC.

GUARANTEED ADMISSION AGREEMENT between The George Washington University and The Virginia Community College System

SEATTLE ART MUSEUM #SummerAtSAM PHOTO CONTEST OFFICIAL RULES

Our Terms of Use and other areas of our Sites provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with OUEBB.

Funded in part through a grant award with the U.S. Small Business Administration

TACO BELL FOUNDATION 2018 LIVE MÁS SCHOLARSHIP RENEWAL PROGRAM TERMS AND CONDITIONS

PROPOSED REGULATION OF THE CHIROPRACTIC PHYSICIANS BOARD OF NEVADA. LCB File No. R July 19, 2017

Regulatory Analysis Form

/13/2017

NORFOLK AIRPORT AUTHORITY NORFOLK INTERNATIONAL AIRPORT

JERSEY COLLEGE RECOGNITION OF 5000 TH GRADUATE SCHOLARSHIP PROGRAM RULES FOR PARTICIPATION AND AWARDING

POLICIES, RULES AND PROCEDURES

CATALOG ADDENDUM. Catalog Effective Date: October 20, 2016

Case 1:18-cv Document 1 Filed 03/12/18 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Great Grocery Giveaway B-I-G-Y-2-5 Dice Roll Challenge OFFICIAL RULES

STATE OF FLORIDA DEPARTMENT OF HEALTH

For tuition prices please contact our school.

Regulatory Council for Community Association Managers Telephone Conference Meeting Wednesday, December 6, 9:00 A.M. EST.

REQUEST FOR PROPOSALS Noise Monitoring and Flight Tracking System and Noise Monitor Service and Maintenance

Shire/ACMG Foundation Next Generation Medical Genetics Training Award Program

King and Queen County Treasurer 242 Allen s Circle, Suite H P O Box 98 King and Queen CH., VA (804) or (804)

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ) ) ) ) ) ) ) ) ) ) ) NATURE OF THE ACTION

UCLA HEALTH SYSTEM CODE OF CONDUCT

MEMBERSHIP AGREEMENT FOR THE ANALYTIC TECHNOLOGY INDUSTRY ROUNDTABLE

APPLICATION FOR EMPLOYMENT. Directions: Fill out this application in its entirety using blue or black ink.

FILED: NEW YORK COUNTY CLERK 11/24/ :27 PM INDEX NO /2015 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 11/24/2015 EXHIBIT F

STATE OF FLORIDA DEPARTMENT OF HEALTH RESPONDENT. I ADMINISTRATIVE COMPLAINT. before the Board of Medicine against Respondent, Jack Norman Gay, M.D.

Transcription:

VIRGINIA: IN THE CIRCUIT COURT OF THE COUNTY OF HENRICO COMMONWEALTH OF VIRGINIA, EXREL. MARK R. HERRING, ATTORNEY GENERAL, Plaintiff, v. CIVIL ACTION NO. EDUCATION MANAGEMENT CORPORATION, a Pennsylvania corporation, ARGOSY UNIVERSITY OF CALIFORNIA LLC, a California limited liability company, SOUTH UNIVERSITY, LLC, a Georgia limited liability company, BROWN MACKIE EDUCATION II LLC, a Delaware limited liability company, THE ART INSTITUTES INTERNATIONAL II LLC, a Pennsylvania limited liability company, SOUTH UNIVERSITY OF VIRGINIA, INC., a Virginia corporation, THE ART INSTITUTE OF VIRGINIA BEACH LLC, a Virginia Umited liability company, and THE ART INSTITUTE OF WASHINGTON - DULLES LLC, a Virginia Umited liability company, Defendants. COMPLAINT The Plaintiff. Commonwealth of Virginia (the "Commonwealth",, by, through, and at the relation of the Attorney General, Mark R. Herring, brings this action against the Defendants, Education Management Corporation, Argosy University of California LLC, South University, LLC, Brown Mackie Education II LLC, The Art Institutes International II LLC, South University of Virginia, Inc., The Art Institute of Virginia Beach LLC, and The Art Institute of Washington -

Dulles LLC, including, except as otherwise provided herein, all of their respective subsidiaries, affiliates, successors, and assigns (collectively, "EDMC" or "Defendants," and, together with the Commonwealth, the "Parties", pursuant to the Virginia Consumer Protection Act ("VCPA". Virginia Code 59.1-196 through 59.1-207. The Commonwealth prays that this Court grant the relief requested in this Complaint and states the following in support thereof: JURISDICTION AND VENUE 1. The Circuit Court of the County of Henrico has authority to entertain this action and to grant the relief requested herein pursuant to Virginia Code 8.01-620, 17.1-513, 59.1-203, 59.1-205, and 59.1-206. 2. Venue is permissible in this Court pursuant to Virginia Code 8.01-262(2, (3, and (4 because Defendants have appointed a registered agent to receive process in the County of Henrico, Defendants regularly conduct substantial business activity within the County of Henrico, and the cause of action arose, in part, in the County of Henrico, including at South University, Richmond campus, which is located at 2151 Old Brick Rd, Glen Allen, VA 23060 in the County of Henrico. PARTIES 3. The Plaintiff is the Commonwealth of Virginia (the "Commonwealth", by, through, and at the relation of Mark R. Herring, Attorney General of Virginia. liil Defendant Education Management Corporation is a Pennsylvania coiporation with its principal place of business located at 210 Sixth Avenue, 33 rd Floor, Pittsburgh, Pennsylvania 15222. 5. Defendants Argosy University of California LLC, a California limited liability company, South University, LLC, a Georgia limited liability company, Brown Mackie Education 2

II LLC, a Delaware limited liability company, The Art Institutes International II LLC, a Pennsylvania limited liability company, South University of Virginia, Inc., a Virginia corporation, The Art Institute of Virginia Beach LLC, a Virginia limited liability company, and The Art Institute of Washington - Dulles LLC, a Virginia limited liability company, are whollyowned, indirect subsidiaries of Education Management Corporation. CAUSES OF ACTION 6. The Plaintiff realleges and incorporates herein by reference the matters set forth in Paragraphs 1 through 5 above. Defendants are or were during all relevant times a "supplier" of "goods" and/or "services" in connection with "consumer transactions" as those terms are defined in 59.1-198 of the VCPA, 8. EDMC is a for-profit educational institution that operates online and on-ground schools including Argosy University, Brown Mackie College, The Art Institutes, and South University. 9. As of October 2014, Defendants had approximately 112,430 enrolled students online and at its i 10 locations in 32 U.S. Stales and Canada. 10. Defendants have engaged in deceptive and misleading student solicitations touting educational benefits that were available to few EDMC students. 11. Defendants targeted prospective students for high pressure recruitment, including many students Defendants knew or reasonably should have known would not likely benefit from an education at its educational institutions. 12. Defendants pressured prospective students to enroll upon their first contact with Defendants' recruiters. 3

13. Defendants misled prospective students about program costs, emphasizing cost per credit hour and other generalities rather than disclosing total costs to complete a program. 14, Defendants falsely claimed students would earn substantially higher incomes through obtaining Defendants' degrees than Defendants knew its graduates actually earned. 15. In connection with the solicitation of prospective students, Defendants inaccurately claimed that certain of their programs were accredited by a programmatic accreditor necessary for a student to obtain licensure in their profession. 16. In connection with the solicitation of prospective students. Defendants inaccurately claimed that they were seeking to have certain programs accredited. 17. Defendants have engaged in deceptive acts and practices directed at its students and prospective students, including but not limited to misrepresenting job placement rates and graduation rates for students. 18. Defendants engaged in deceptive acts and practices in calculating disclosed job placement rates, including but not limited to: a. misrepresenting EDMC graduates who worked only temporarily as having been "employed," based, for example, on a single day of work; b. misrepresenting EDMC graduates as having been "placed in field" although the employment in question was at a level below that of the graduates' fields of study, including but not limited to a graduate with an Associate of Arts in Business Management based on employment as a Customer Service Representative at a retail store and a graduate with an Accounting diploma based on employment as a cashier at a fast food restaurant. 19. Section 59,1-200(A(2 of the VCPA prohibits ''misrepresenting the source, sponsorship, approval, or certification of goods or services." 4

20. Section 59.1-200(A(5 of the VCPA prohibits "misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits." 21. Section 59.1-200(A(14 of the VCPA prohibits using any "deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction." 22. The aforesaid acts and practices of Defendants constitute violations of 59.1-200(A(2, (5, and (14. REQUEST FOR RELIEF WHEREFORE, the Plaintiff, Commonwealth of Virginia, respectfully requests this Court: Pursuant to Virginia Code 59.1-203(A, permanently enjoin Defendants, its agents, employees, and all other persons and entities, corporate or otherwise, in active concert or participation with any of them, from engaging in deceptive or misleading conduct which violates 59,1-200(A(2, (5, or (14 of the VCPA; Pursuant to Virginia Code 59,1-205, order Defendants to restore to any consumers the money acquired from them by Defendants in connection with its violations of the VCPA; Pursuant to Virginia Code 59.1-206(C, order Defendants to pay the costs incurred by the Commonwealth in investigating and preparing the case not to exceed $1,000 per violation and reasonable attorneys' fees; and D. Grant such other and further relief as the Court deems proper. 5

COMMONWEALTH OF VIRGINIA, EXREL MARKR. HERRING, ATTORNEY G lengetal By: ^C/U (f 12 Anggj^ M. King Mark R. Herring Attorney General Cynthia E. Hudson Chief Deputy Attorney General Rhodes B. Ritenour Deputy Attorney General Civil Litigation Division David B. Irvin (VSB # 23927 Senior Assistant Attorney General and Chief Consumer Protection Section Angela M. King (VSB # 76922 Assistant Attorney General Consumer Protection Section Office of the Attorney General of Virginia 900 East Main Street Richmond, Virginia 23219 Telephone: (804786-0514 Fax: (804 786-0122 6

CERTIFICATE OF SERVICE I hereby certify that on this day of MovfgAJibef. 7<iS. a true copy of the foregoing Complaint was mailed, postage prepaid, to: Meyer G. Koplow, Wachtell, Lipton, Rosen & Katz, 51 West 52 nd Street, New York, New York 10019; and Edward Longosz, Eckert, Seamans, Cherin & Mellott, LLC, 919 East Main Street, Suite 1300, Richmond, Virginia 23219, counsel for Education Management Corporation. 7