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James Lamb settled with FTC and Pays nothing except his own legal fees

Apr
17,
2018
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James Lamb settled with FTC and Pays nothing except his own legal fees

It all started in October of 2016  when the United States Federal Trade Commission (“FTC”) convinced a Federal Judge into believing that a 15 year old small business truck permit company Dotauthority.com and its sister company Dotfilings.com, were allegedly engaged in deceptive business practices.  They were accused of  impersonating government transportation agencies, such as the U.S. Department of Transportation (USDOT).
Read more FTC building The overreach of Regulatory Power- How far can it go?

Shortly after, James Lamb of DOTAuthority.com filed a counterclaim against the FTC.
Read more DOTAuthority.com files Counterclaim against FTC

James Lamb has always maintained his innocence against the FTC charges, but felt that settlement was preferable to years of additional costly litigation. Mr. Lamb stated.

Many months later, DOTAuthority has settled with the FTC, and although Mr Lamb has spent much in legals fees, has not paid anything out of pocket for alleged impersonating of DOT.

“As one of Excelsior’s attorneys, Len Gordon, a former FTC attorney, pointed out to the FTC, James was running a legitimate business, and can now continue to do so.”

PRESS RELEASE  FOR IMMEDIATE RELEASE: James Lamb Settles Lawsuit with the Federal Trade Commission

The Bopp Law Firm, PC

National Building

1 South 6th Street

Terre Haute, IN 47807-3510

April 16, 2018

Contact: James Bopp, Jr.

Cell Phone 812/243-0825; Phone 812/232-2434; Fax 812/235-3685; jboppjr@aol.com

James Lamb Settles Lawsuit with the Federal Trade Commission

James Lamb- Chairman of Small Business in Transportation Coalition (SBTC)

In early September, 2016, the FTC filed a civil complaint at the request of the Federal Motor Carrier Safety Administration (FMCSA) against Mr. Lamb, who operates a regulatory compliance service through his motor carrier registration and permitting website called “DOTAuthority.com,” and a business partner, Uliana Bogash, alleging that they misled their customers to believe that they were affiliated with the federal government when soliciting their business; specifically, because their disclaimers, including Lamb’s homepage disclaimer, which read “DOTAuthority.com is a Consulting Firm. It is not the Department of Transportation,” were inadequate. The FTC rushed into court ex-parte, feigning an emergency existed, asking the court to freeze Mr. Lamb and Ms. Bogash’s personal and business bank accounts and take control of their businesses through a receiver without a hearing, which the court did.

At a hearing 10 days later, and after hearing the facts from Mr. Lamb, the presiding judge unfroze all of Mr. Lamb and Ms. Bogash’s bank accounts and returned control of the businesses to them. Almost a year and a half later, the FTC finally agreed to settle the case for a fraction of the sum the agency alleged in damages. On April 13, 2018, Senior Judge William Zloch signed off on a settlement agreement among James Lamb, and other parties, and the Federal Trade Commission, finally putting an end to a protracted legal battle.

Mr. Lamb, a trucking industry and regulatory compliance expert, owns and operates several businesses that aid truckers in complying with the immense body of regulations that must be followed in order to be properly licensed and have “operating authority” to operate. Ms. Bogash owns Excelsior Enterprises International, which is partnered with Lamb’s business DOTAuthority.com, a catchy brand which the Federal Government’s Patent and Trademark Office has given Lamb rights to use under a service mark registration.

The settlement is quite a coup for Mr. Lamb and his attorneys at The Bopp Law Firm, as the FTC agreed to a settlement of much less than the eight-figure amount they had asserted was “taken in” by Lamb and Bogash. In the end, the parties agreed Excelsior would solely pay a six-figure amount to end the case and that Lamb and his companies would pay nothing but their own legal expenses.

Mr. Lamb’s attorney, James Bopp, Jr., asserted,

“As one of Excelsior’s attorneys, Len Gordon, a former FTC attorney, pointed out to the FTC, James was running a legitimate business, and can now continue to do so.”

The terms of the settlement, of course, require that Mr. Lamb and his associates refrain from misrepresenting themselves as being affiliated with the government, a charge that they have consistently denied.

James Lamb has always maintained his innocence against the FTC charges, but felt that settlement was preferable to years of additional costly litigation. Mr. Lamb stated,

“The FTC was making it almost impossible for me to run my business, which doesn’t just hurt me, it hurts the carriers and truckers we serve and help keep in compliance. While I continue to maintain the FTC had no lawful jurisdiction over us under the “common carrier exemption” to the FTC Act, the parties cannot stipulate there is jurisdiction, and continue to believe the FMCSA asked FTC to fabricate a case against me in retaliation for my trade group’s lawsuits against them and my political activities, a settlement in which my companies paid nothing in civil penalties, restitution or disgorgement, was the best solution to put an end to this ridiculous nuisance lawsuit and get back to business as usual.”

© 2018, Allen Smith. All rights reserved.

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By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

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