In the end, all this PHP Agency scam wants is for you to help them recruit more people into their scheme. Iqbal, 556 U.S. at 678. 23, 26, and 28]. The defendants argue that the information contained in PHP's database is outside the scope of trade secrets as defined by Texas law. ________________________________________________________________________________________________________________. Because, as explained below, the Court concludes that a choice-of-law analysis is inappropriate at this stage of the litigation, it need not consider whether it may rely on the choice of law provision-despite its absence from the amended complaint-as part of a document incorporated into the complaint by reference. Haddock v. Tarrant Cnty, 852 Fed.Appx. But, as PHP points out, at the motion to dismiss stage our factual universe is bounded by the four corners of the complaint. And the complaint does not suggest that the information at issue here is accessible to anyone through a variety of public means., Finally, the defendants appear to argue that, because the defendants had legitimate access to the information at issue during their relationship with PHP, their alleged misuse of that information cannot possibly constitute a misappropriation under the Texas Uniform Trade Secrets Act. Maria Elizarraga, Jose Martinez, Tony Martinez, Puebly Elizarraga, Eberardo Duarte, Marco Trujillo, Piedad Murguia, Jose Murguia, Jose Patino, Tony Rojas, Pamela Krause, Peter Krause, Mario Perez and Kasie Cameron-Perez, Hector Del Toro, Erika Del Toro, Ricardo Aguilar and Alejandro Aguilar, US District Court for the Northern District of Texas. to let us know you're having trouble. 41 and 47]. Access additional case information on PACER Use the links below to I will be sharing it with as many people I can. MONTGOMERY, Ala. (WBRC) - Alabama joined 24 states in a lawsuit against the U.S. Environmental Protection Agency (EPA) Tuesday, according to a news release from the Attorney Generals office. This is the best way to manage and repair your business reputation. 2011). Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages, (((NAME(S) REDACTED DUE TO PERCEIVED HARASSMENT / CYBERSTALKING / CYBERBULLYING / REVENGE POST))), Brian Blaha Insurance Agent affiliated with World Financial Group. Next, the Court considers the defendants motion to dismiss as to PHP's Claims One, Two, Three, and Four, all of which arise from the defendants' alleged breach of contract. CODE 134A. Nos. Nos. Multiple people complained that someone had persuaded them to join their insurance team and pay $150 for training material, plus a monthly recurring fee of $14.95. The agreement also contains a choice of forum provision requiring the associates to submit to jurisdiction and venue in Dallas County, Texas for disputes that may arise under the contract. Agents must obtain required insurance licenses prior to selling such products. The court should freely give leave when justice so requires.. In no way was I going to go for it, but I need to have a talk with the person that invited me to make sure they know what they are getting into. Well guide you through the process. People dont realize how easy it is to get celebrities to appear in your ads. The defendants also argue that PHP has failed to allege in adequate detail the defendants' conduct that constituted breaches of contract, and has instead merely alleged breaches in a general and conclusory fashion. In responses on the Better Business Bureau website, PHP Agency representatives pushed back against allegations of illegal activity, calling the company a Although neither party points to it, the Court looks to the applicable (and seemingly broader) definition of trade secret contained within the Texas Uniform Trade Secret Act itself: TEX. PRAC. 23, 26, and 28]. Unless they are giving you free leads they are taking something for nothing. Faced with similar situations, numerous courts have concluded that choice-of-law determinations are fact-intensive inquiries that would be premature to resolve at the motion-to-dismiss stage. Furthermore, the defendants' choice of law analysis-no matter how persuasive it might be-contains various factual allegations beyond those contained in PHP's Amended Complaint and is supported by the declarations that the defendants include in their appendix to their reply brief. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. We needed to get a $200 insurance license, then start signing up for their classes which were going to teach us how to sell these insurance policies. Well also cover 8 reasons You've probably heard about Tao of Rich before. Accordingly, the Court DENIES the defendants' motion as to PHP's Claim Nine. Thank you for writing this article in depth. 2019-09-24, Los Angeles County Superior Courts | Contract | Estimated amount consumers saved since 1997: $15,590,010,907. Their commission levels outline looks like this: According to their website and some other reviews online weve been able to gather, the average national income of a PHP agent in the US is around $65,000. The agency may go by different names depending on where you are (for example, DSS, Department of Human Services, etc. PHP alleges that, upon joining Family First Life, the defendants violated their New Associate Agreement with PHP by using the confidential information contained in PHP's database to successfully solicit and recruit other PHP Associates to Family First Life. However I will make Bitte helfen Sie uns, Glassdoor zu schtzen, indem Sie besttigen, dass Sie They trick you into thinking that they can help you achieve your goals, but their goal is to get your money. In fact, Defendants would send out emails, text messages, and other forms of communications to set up private meetings with groups of Associates and solicit them to join [Family First Life]. PHP claims that many Associates have terminated their relationship with [PHP] because of these actions and the defendants alleged further use of PHP's bonus and pricing information to convince PHP's associates to join Family First Life. However, the company claims that it doesnt operate a pyramid scheme because theres no requirement for agents to recruit new members, and the company prohibits members from paying into the program unless they are making money from it themselves. Because the Court construes the objections as motions to strike, the Court DISMISSES AS MOOT the defendants' motions to strike. Finally, the Court turns to PHP's Defense of Trade Secret Act claim, or Claim Five. PHPs membership programs are not illegal because they require a person selling products or services to generate revenue from retail sales rather than recruiting new members. . Idaho has joined a Texas lawsuit against the Biden administration waterway protections, claiming the rules are too vague and violate state sovereignty rights. How much did that take from you all in total ? By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, If you do not agree with these terms, then do not use our website and/or services. Robert FitzPatrick, the president of Pyramid Scheme Alert, said big-name conference speakers like Bush and Peterson are key to reassuring members of multilevel marketing companies that they arent wasting their money on training fees. Everytime I see someone on Bumble Business thats in PHP, I know they are full of shit. But-as reflected by the defendants' own footnote-the definition of trade secrets that the defendants quote comes from the Texas Penal Code. Company website run by crooks outside USA pretending to be in USA to get USA money taking your hard-earned dollars funneling it to the country of Peru, Better Business Bureau of South Florida BBB of South Florida Andre Amaro and the BBB of South Florida are harassing me and my small business! 23, 26, and 28] from defendants Tony Rojas, Pamela Krause, Peter Krause, Kasie Cameron-Perez, Mario Perez, Ederardo Duarte, Piedad Murguia, Jose Santiago Murguia, Marco Trujillo, and Jose Patino. WebPHP Agency is an MLM scam here's the facts Legal stuff: To begin with I will not be sharing personal information such as names, contact numbers, faces or any information that will PHP now sues the defendants for these actions and presents numerous claims against them. They fucking got me when I was broke as hell on the verge of being homeless! 35 and 38], which the Court construes as motions to strike. On top of this he began to oversimplify the selling of life-insurance. Do not sign their contracts. Wir entschuldigen uns fr die Umstnde. 35 and 38], DISMISSES AS MOOT the defendants' motions to strike [Doc. Because, as explained above, the Court dismisses these claims with leave to amend on other grounds, it does not list them here. If you continue to see this His only purpose was to Hype up this company and increase the credibility of the person doing the interview. For someone who was on the verge of being homeless, I don't think you're in any position to be giving any sort of advice on finances, business and what works or not to anyone. Share Additional Investigations The Court next turns to PHP's Texas Uniform Trade Secret Act claim, or Claim Nine. Really I wanted to research it, companies that are legit will still hype themselves, because an employee must earn more surplus value for the employer than they themselves get paid, so we as employees must be convinced to join, but never should you be asked to pay money for tools or classes until you start getting paid a few checks first. PHP AGENCY LLC VS FOODCRAFT COFFEE AND REFRESHMENT SERVICES, ROSARIO GONZALEZ et al v. WORLD FINANCIAL CORPORATION. If youre thinking of joining The PHP Agency you should know that they offer a money back guarantee. However, as requested, PHP may file an amended complaint that amends Claims Six, Seven and Eight to cure these defects. Finally, before the Court are various defendants' motions to strike [Doc. Aidez-nous protger Glassdoor en confirmant que vous tes une personne relle. There are over 11,000 licensed PHP agents across the USA, and they all sell different kinds of insurance, including home, auto, health and life. 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