AG Receives Request For Opinion Using Third Party Contractor To Disseminate Info To Jailed Inmates

Whether chapter 1704 of the Occupations Code prohibits a jail or detention facility from using a third party contractor to provide persons in the custody of law enforcement with information on available bail bond services…

Staff Report

Texas Attorney General, Ken Paxton is the lawyer for the State of Texas and is charged by the Texas Constitution to:

  • defend the laws and the Constitution of the State of Texas
  • represent the State in litigation
  • approve public bond issues

To fulfill these responsibilities, the Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the Governor, heads of state agencies and other officials and agencies as provided by Texas statutes.

The Texas AG sits as an ex-officio member of state committees and commissions, and defends challenges to state laws and suits against both state agencies and individual employees of the State.

Many Texans look to the Office of the Attorney General for guidance with disputes and legal issues. The agency receives hundreds of letters, phone calls and visits each week about crime victims’ compensation, child support, abuse in nursing homes, possible consumer fraud and other topics. To find out more about the Texas Attorney General, visit the official website at https://texasattorneygeneral.gov/.


WEEKLY NEWS ROUND-UP OF THE STATE’S

TOP LAW ENFORCEMENT OFFICER…

THE TEXAS ATTORNEY GENERAL

 

AG Paxton’s Office Files Lawsuit Against Operator of Crowdfunding Scheme

AUSTIN – Attorney General Ken Paxton today announced that the Consumer Protection Division of his office filed a lawsuit seeking a permanent injunction preventing Douglas W. Monahan and his company, iBackPack of Texas, LLC, from participating in deceptive crowdfunding schemes in violation of the state’s Deceptive Trade Practices Act.

Starting in 2015, Monahan and his company raised more than $800,000 from consumers through four crowdfunding campaigns on Indiegogo.com and Kickstarter.com. Monahan falsely led backers to believe their money would be used to develop several products, including a state-of-the-art backpack called the iBackPack. But Monahan failed to deliver on any of his promises, and instead used much of the funds for himself.

“While Kickstarter and other crowdfunding sites create exciting opportunities for entrepreneurship, they also provide new ways for scam artists to take advantage of consumers’ trust,” Attorney General Paxton said. “I’m pleased that the Consumer Protection Division of my office took action to shut down an unscrupulous individual whose crowdfunding projects produced nothing but self-enrichment.”

Monahan used his company’s campaign web pages to display a laundry list of tech capabilities for the iBackPack, along with graphics of a supposed prototype. The campaign pages also featured the logos of several telecommunication companies, two federal agencies, and Apple and Android mobile operating systems, though there is no evidence that Monahan or his company had any legitimate ties to the entities.

The attorney general’s lawsuit – which was filed in state District Court in Travis County – seeks restitution for aggrieved consumers, civil penalties, and attorneys’ fees. The Federal Trade Commission today also filed suit against Monahan and iBackPack of Texas, LLC.

Crowdfunding typically involves individuals and businesses raising money for a project or venture from numerous individuals, usually via the internet. In many cases, consumers are enticed to make payments in exchange for the promise that they will receive the product once it’s manufactured.

Texans who believe they are victims of a scam can file an online complaint with the attorney general’s office at https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-complaint.

View a copy of the lawsuit here.  

Request for Opinion

RE – RQ-0287-KP: Whether provisions of Dallas City Code regarding dangerous dogs conflict with chapter 822 of the Health and Safety Code

To read full request visit: https://www2.texasattorneygeneral.gov/opinions/opinions/51paxton/rq/2019/pdf/RQ0287KP.pdf

Received: Monday, May 6, 2019

Requestor: The Honorable Morgan Meyer
Chair, Committee on General Investigating
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910

Request for Opinion

Re – RQ-0286-KP: Whether chapter 1704 of the Occupations Code prohibits a jail or detention facility from using a third party contractor to provide persons in the custody of law enforcement with information on available bail bond services

To read full request visit: https://www2.texasattorneygeneral.gov/opinions/opinions/51paxton/rq/2019/pdf/RQ0286KP.pdf

Received: Wednesday, May 1, 2019

Requestor: The Honorable Ryan Guillen
Chair, Committee on Resolutions Calendars
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910

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