Contemptuous Disregard

The New York Appellate Division for the Fourth Judicial Department found a disbarred attorney in “contemptuous disregard” of the sanction

Respondent admits that, after he was disbarred in 2009, he maintained a website for a business known as “123 Credit Restoration,” whereby he offered to perform “credit restoration services” for members of the public in exchange for a fee. Such services included credit score improvement, removal of negative items from credit reports, and protection from debt collectors. Respondent further admits that the website for 123 Credit Restoration and advertisements he placed on certain social media platforms misleadingly cited his legal background and prior experience as an attorney, including his statement that he was a “former bank attorney,” without disclosing that he had been disbarred in 2009. Respondent admits that, in 2023, he was separately contacted by two prospective clients seeking credit restoration services. Respondent admits that, in response to  the clients’ inquiries, he identified himself as an attorney and collected fees from them in the amount of $299 and $499, respectively. Respondent admits that he thereafter failed to perform the promised credit restoration services and, when the clients requested a refund or complained about the lack of results, he threatened to negatively affect their credit ratings by, inter alia, reporting a collections claim against them or freezing their credit reports or bank accounts.

Sanction

Although the Grievance Committee alleges that respondent misleadingly used the title of attorney to induce clients to pay him legal fees for credit restoration services, we decline to reach the issue whether such services constitute the practice of law inasmuch as the record is insufficient to make that determination. Accordingly, we impose a fine in the amount of $1,000 and direct respondent to pay the fine within 30 days of service of the order entered herewith.

(Mike Frisch)