By Attorney General Dana Nessel
LANSING – Michigan Attorney General Dana Nessel has secured an agreement with TMB Solutions LLC, doing business as C.P.S., and its principal, Steven Fata. The agreement (PDF) resolves allegations that the company targeted newly formed Michigan business entities with deceptive mailings designed to look like official government invoices.
TMB Solutions sent solicitations to businesses to purchase a written safety manual that supposedly assists employers with complying with occupational safety and health standards issued by the Occupational Safety and Health Administration (OSHA). The Department of Attorney General launched an informal investigation into the company after receiving a consumer complaint regarding a solicitation that referenced possible criminal and civil penalties for OSHA non-compliance. The solicitation contained a “Please Respond By” date and a section that requested payment for the $295 manual.
Although there were disclosures that C.P.S. is not a government agency, the solicitation allegedly resembled an official government document and was formatted in such a manner that was likely to create confusion among recipients as to whether the advertisement was instead an invoice or bill.
As part of the agreement, TMB Solutions will now disclose in all solicitations for the sale of safety manuals that, “This is not a bill. This is a solicitation; you are under no obligation to pay the amount stated, unless you accept this offer.” The company has also agreed to send a letter to all Michigan purchasers informing them that an agreement was reached with the Department of Attorney General and clarifying that the solicitation is not a bill. Customers can receive a full refund by returning the safety manual. TMB Solutions will have 30 days to pay a requested refund. The customer may contact the Department of Attorney General’s Consumer Protection Team if that does not occur.
“Launching a new business is a massive undertaking, and the last thing entrepreneurs should have to worry about is deceptive mailers,” said Attorney General Nessel. “This agreement ensures transparency moving forward and puts money back into the pockets of Michigan business owners who were misled.”
OSHA offers free compliance assistance resources on its website, including a Quick Start feature that small and new businesses may find helpful. Businesses can also request a free consultation with OSHA that will assist them in finding and fixing workplace hazards.
To file a complaint or for more information, contact the Attorney General’s Consumer Protection Team:
Consumer Protection Team
P.O. Box 302103
Lansing, MI 48909
517-335-7599
Fax: 517-241-3771
Toll free: 877-765-8388
Online complaint form
