DEAN TUCCI FILES MOTION FOR SUMMARY JUDGMENT AGAINST CFPB. SEEKS $100,000 IN LEGAL FEES AND PUNITIVE DAMAGES FOR ALLEGING THE CASE WAS DRAMATICALLY OVERREACHING
PALATINE, Ill., Feb. 4, 2025 /PRNewswire/ -- Dean Tucci started and owned a company called FDATR, Inc. – which was an acronym for 'Federal Debt and Tax Relief' - a full-service tax prep and accounting firm that also handled doc prep federal student loan consolidation.
From 2014-2019, FDATR employed over 100 people including tax attorneys, CPAs, IRS Enrolled Agents, and a customer service staff. FDATR provided document preparation, along with submission and tracking services for customers with tax (IRS) and student loan (Department of Education) issues. FDATR would help customers to resolve these matters.
In November of 2020, the CFPB filed a suit against FDATR, Inc., Ken Halverson, and Dean Tucci for allegations that the TSR Debt Settlement Rule had been violated and made claim that the company was operating as a 'telemarketing company debt settlement firm'. The CFPB stated that FDATR was violating the advance fee ban provision in the 'Federal Telemarketing Sales Rule,' 16 C.F.R. Part 310 ('TSR').
In July of 2017 Tucci sold the firm to his business partner, Ken Halverson. Halverson operated FDATR, Inc. from that time to his sudden death in November of 2020.
Because they had no ability to collect against Halverson, they went after Tucci 'as the last man standing,' The CFPB then put together a Motion for Summary Judgement against Tucci personally with a ridiculous fine of over $40 million against Tucci making the outrageous allegation that every client of FDATR was defrauded and therefore, CFPB was entitled to the millions in fines because FDATR took advance fees – as is a common practice for most tax prep and accounting firms -- and then claimed, 'If you take advance fees, you are committing fraud', however, in the 6 years since this case started, the CFPB has not produced even one customer that was allegedly defrauded, nor even one customer complaint.
Plaintiff then made sure that the case was publicized online, in an attempt to strong arm Tucci to settle. Per Tucci's Motion For Summary Judgement, 'These witch-hunt extortive actions and CFPB's reckless pursuit against me over the last 6 years have damaged me personally and financially and will continue to do so for my entire lifetime (the internet lives forever).'
Tucci has requested the Court to enter Summary Judgment in his favor and against CFPB on all counts of the Complaint. Tucci also requested this case be dismissed with prejudice and the court awards him his reasonable attorney's fees of over $100,000 and other compensatory damages, as well as an award of punitive damages in an amount to be determined by the court to be paid by Plaintiff.
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