ST. LOUIS (CN) - MyTechHelp defrauds people by offering "tech support" to get their bank account information, then repeatedly taking money from the accounts, a class action claims in Federal Court.
Lead plaintiff Kelly Guerra sued MyTechHelp LLC, of Ft. Lauderdale, Fla.
Guerra claims MyTechHelp markets itself as a provider technical support for electronic devices, leading customers to believe they have contacted the manufacturer for technical support.
Guerra claims MyTechHelp is an unaffiliated and unqualified service provider.
"Over the telephone, defendant requests the consumer's personal debit/credit card account information for payment of the technical support service," the complaint states. "After the consumer provides defendant with their debit/credit card number, defendant initiates an unauthorized recurring charge to the unknowing consumer's account."
Guerra claims she contacted MyTechHelp, thinking she was contacting Apple, seeking a way to find her lost iPhone. She says she agreed to pay $69.99 to use the defendant's equipment to find the phone.
"At no time during the telephone conversation did the salesperson explain to plaintiff that defendant was in fact not Apple, and was in fact not in any way affiliated with Apple," the complaint states.
"At no time during the telephone conversation did the salesperson request permission to initiate recurring charges to plaintiff's account.
"At no time during the telephone conversation did plaintiff agree to authorize defendant to initiate recurring charges to plaintiff's account.
"At no time during the telephone conversation did plaintiff agree to purchase a 'tech support plan' whereby she would be charged a monthly recurring payment of $19.99 which would be electronically transferred from her account to defendant."
The class consists of all U.S. residents who had a credit or debit card account from which the defendant made unauthorized recurring withdrawals.
Guerra seeks an injunction and damages for fraud, deceptive trade, violations of the Missouri Merchandising Practices Act, consumer fraud, violations of the Electronic Funds Transfer Act, and unjust enrichment.
Guerra is represented by Thomas Schwartz, with Holloran White Schwartz & Gaertner.
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