Case 3:10-cv-00940-CAB-WVG Document 128 Filed 09/26/12 Page 1 of 84 1 ZELDES & HAEGGQUIST, LLP AMBER L. ECK (177882) 2 HELEN I. ZELDES (220051) ALREEN HAEGGQUIST (221858) 3 AARON M. OLSEN (259923) 625 Broadway, Suite 906 4 San Diego, CA 92101 Telephone: (619) 342-8000 5 Facsimile: (619) 342-7878 [email protected] 6 [email protected] [email protected] 7 [email protected] 8 ROBBINS GELLER RUDMAN & DOWD LLP 9 RACHEL L. JENSEN (211456) THOMAS R. MERRICK (177987) 10 655 West Broadway, Suite 1900 San Diego, CA 92101 11 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 12 [email protected] [email protected] 13 Attorneys for Plaintiffs and the Proposed Class 14 15 UNITED STATES DISTRICT COURT 16 SOUTHERN DISTRICT OF CALIFORNIA 17 TARLA MAKAEFF, BRANDON Case No.: 3:10-CV-00940-CAB(WVG) KELLER, ED OBERKROM, SONNY 18 LOW, J.R. EVERETT and JOHN CLASS ACTION BROWN, on Behalf of Themselves and All 19 Others Similarly Situated, THIRD AMENDED CLASS ACTION COMPLAINT 20 Plaintiffs, District Judge: Hon. Cathy Ann Bencivengo 21 vs. Magistrate Judge: Hon. William V. Gallo 22 TRUMP UNIVERSITY, LLC (aka The Trump Entrepreneur Initiative, LLC, a New 23 York Limited Liability Company, DONALD J. TRUMP, and DOES 2 24 through 50, inclusive, 25 Defendants. JURY TRIAL DEMANDED 26 27 28 Case 3:10-cv-00940-CAB-WVG Document 128 Filed 09/26/12 Page 2 of 84 1 “When people are fearful, you should be greedy. When people are greedy, you should be 2 fearful.” – Warren Buffet 3 1. This is a quote often recited by Trump University’s speakers in its initial free 4 seminar to persuade consumers that now is the time to sign up for Trump University’s $1,500 5 seminar to learn how to make money in real estate investing. Unfortunately, Trump 6 University has taken these words to heart, and is taking advantage of these troubled economic 7 times to prey on consumers’ financial fears for its own financial gain. Students who purchase 8 these Trump University Seminars learn only too quickly, but after it is too late for them to get 9 their money back, that it is Trump University who is greedy, and they who should have been 10 fearful. 11 2. Plaintiffs Tarla Makaeff, Brandon Keller, Ed Oberkrom, Sonny Low, J.R. 12 Everett and John Brown (collectively “Plaintiffs”), by and through their attorneys, bring this 13 action on behalf of themselves and all others similarly situated against Trump University, 14 LLC, Donald J. Trump, and Does 1 through 50, inclusive (collectively “Defendants” or 15 “Trump University”).1 Plaintiffs hereby allege, on information and belief, except as to those 16 allegations which pertain to the named Plaintiffs, which allegations are based on personal 17 knowledge, as follows: 18 NATURE OF THE ACTION 19 3. Trump University markets itself as a University driven by the mission to “train, 20 educate and mentor entrepreneurs on achieving financial independence through real estate 21 investing.” It is anything but. In fact, rather than serving its students as a university or 22 college, Defendant Trump University is more like an infomercial, selling non-accredited 23 products, such as sales workshops, luring customers in with the name and reputation of its 24 founder and Chairman, billionaire land mogul Donald J. Trump. Defendant Trump and his so- 25 1 Trump University changed its name to Trump Entrepreneur Initiative on June 2, 2010, 26 after the New York Department of Education insisted that the “use of the word ‘university’ by your corporation is misleading and violates New York Education Law and the Rules of the 27 Board of Regents.” However, as the corporation was named Trump University at the time the initial complaint was filed on April 30, 2010, Defendant Trump University is referred to as 28 Trump University throughout. 1 No. 3:10-CV-00940-CAB(WVG) Case 3:10-cv-00940-CAB-WVG Document 128 Filed 09/26/12 Page 3 of 84 1 called University promise “mentorships,” urging consumers that it’s the “next best thing” to 2 being Donald Trump’s next “Apprentice.” But as class members quickly find out, all 3 Defendants provide are empty promises. The primary lesson Trump University teaches its 4 students is how to spend more money by buying more Trump Seminars. 5 4. Plaintiffs and Class Members who attended Trump University’s real estate 6 investing classes, were promised a “complete real estate education,” a “one year 7 apprenticeship,” a one-on-one mentorship, practical and fail-safe real estate techniques, a 8 “power team” consisting of real estate agents, lenders, personal finance managers, property 9 managers and contractors, and were assured that although the Seminars were costly, they 10 would make the money back in their first real estate deal, and could make up to tens of 11 thousands of dollars per month or more. Plaintiffs and Class Members did not receive what 12 they bargained for. 13 5. Instead of a complete real estate education, students merely received an 14 “infomercial” pushing additional Seminars or workshops they were told they would need to 15 take to succeed. The “one year apprenticeship” they were promised was actually just a three- 16 day seminar; the one-on-one year-long mentorship consisted of no practical insights and no 17 mentorship, but rather excursions to Home Depot and “mentors” who either recommend real 18 estate deals that they stood to benefit from financially, raising a conflict of interest, or who 19 quickly disappeared and failed to return calls. 20 6. Trump University representatives also told students during the three-day 21 seminar to raise their credit card limits four times during the break for “real estate 22 transactions,” and had students prepare detailed financial statements, presumably for real 23 estate purchases. In fact, Trump’s real reason for having students increase their credit limits 24 and provide detailed financial statements was to assess how much money each student had to 25 spend on the next Trump seminar, and to persuade the students to use their increased credit 26 limit to purchase the Trump Gold Program for $34,995. 27 7. In attempting to publicly defend its reputation, Trump University has the 28 audacity to compare itself to Harvard University – claiming that it does not guarantee real 2 No. 3:10-CV-00940-CAB(WVG) Case 3:10-cv-00940-CAB-WVG Document 128 Filed 09/26/12 Page 4 of 84 1 estate success, just as Harvard cannot guarantee a Rhodes scholarship. Comparing Trump 2 University to Harvard University is a bit like comparing a snake oil salesman to a brain 3 surgeon. First, Harvard is clearly an accredited institution while Trump is not; Harvard 4 professors are educated in their field, while Trump instructors and mentors are trained in sales, 5 not real estate; and when Harvard students pay for a four-year education, they receive four 6 years of teaching, whereas Trump students who pay for a one-year real estate education 7 receive three days of a hard-sell sales presentation. 8 8. Plaintiffs are not bringing this action because they did not succeed in real estate 9 – they are bringing this action because Defendants misrepresented what Trump University was 10 providing. Trump University was represented as providing a year-long real estate education 11 and mentorship, when in actuality, it was providing only a three-day long infomercial, 12 designed to confuse, rather than educate, its students, and to persuade them to purchase even 13 more Seminars. The Program fails to give students complete information or specific 14 techniques, so that they do not feel confident to get involved in real estate investing on their 15 own, and instead decide to purchase another seminar. In sum, the program is not designed to 16 educate, but to sell. 17 9. Attorney General Investigations – Attorneys General in six states have 18 received numerous complaints against Trump University, and at least two have either launched 19 investigations or are in the process of reviewing complaints, according to the New York Daily 20 News.2 In January, 2010, Texas Attorney General Greg Abbott’s office launched a probe of 21 Trump University’s advertising and business practices after getting two dozen complaints. 22 The Texas Attorney General indicated he was probing “possibly deceptive trade practices” 23 dating back to 2008. 24 10. The New York State Attorney General’s Office is also investigating whether 25 Trump University “has engaged in illegal business practices,” according to the New York 26 27 2 See Douglas Feiden, Trump U Hit by Complaints from Those Who Paid up to 30G, and 28 Say They Got Very Little in Return, New York Daily News, May 31, 2010. 3 No. 3:10-CV-00940-CAB(WVG) Case 3:10-cv-00940-CAB-WVG Document 128 Filed 09/26/12 Page 5 of 84 1 Times.3 The investigation was described by the New York Times as “the latest problem” in “a 2 string of consumer complaints, reprimands from state regulators and a lawsuit from 3 dissatisfied former students,” and was prompted by about a dozen complaints concerning 4 Trump University that the Attorney General, Eric T. Schneiderman, found to be “credible” and 5 “serious.”4 6 11. Florida Attorney General Bill McClollum’s office is “reviewing” 20 complaints 7 from people who paid up to $35,000 for various Trump Seminars, according to the New York 8 Daily News, and the New York and Illinois Attorneys General have received dozens of 9 complaints. The Better Business Bureau has received at least 70 complaints of deceptive 10 practices from students nationwide. See n.2. 11 12. Standardized scripts – Representations made to consumers about the Trump 12 Seminars were standardized. When consumers made calls to or received calls from Trump 13 University, they spoke with a member of the Trump sales team. Each member of the sales 14 team was given a five to six page sales script, and was required to stick to the script word-for- 15 word. Likewise, the in-person Seminars were highly standardized. Speakers used the same 16 slide presentation, the same script, and even had detailed instructions for the presentation, 17 down to where the speakers and coordinators should stand, the temperature of the room and 18 the music to be played during the Introduction – “Money, Money, Money” from the 19 Apprentice show. 20 13. Targeting seniors – Trump University targeted seniors, and specifically 21 designed its sales pitch to scare seniors into attending and paying for additional Seminars. For 22 example, in the introductory seminar, the speaker would typically say, “how many times do 23 you go into Walmart, and you’re greeted by a guy or gal who is 70+ years old – do you want 24 to be doing that when you’re 70 years old, or do you want to be playing golf and enjoying your 25 26 3 See Michael Barbaro, New York Attorney General Is Investigating Trump’s For-Profit 27 School, New York Times, May 19, 2011. 28 4 Id. 4 No. 3:10-CV-00940-CAB(WVG) Case 3:10-cv-00940-CAB-WVG Document 128 Filed 09/26/12 Page 6 of 84 1 retirement?” In its advertising and at its Seminars, Trump University would throw around 2 statistics (which may or may not be true) such as: 3  Did you know that you will need $250,000 in savings to generate $1,000 monthly income during retirement? 4  That means if you’re expecting to maintain your lifestyle during retirement 5 based on an annual income of $70,000, you need to have $1.75 million in liquid assets. 6  The average savings of a 50-year old American is only $2,500. That isn’t 7 wealth, that’s poverty. 8  If you’re a retiree, unless you have $1 million in cash, if you spend $50,000 per year, you’ll be broke by the time you’re 85. 9 14. Student dissatisfaction – While Trump University’s website has publicly 10 claimed that 95% to 98% of students are satisfied with its course, this figure is far from the 11 truth. While it may be true that Trump University received some positive ratings in surveys 12 given to the students while the Seminars were in session or immediately afterward, at this 13 point, many of the students actually still believe that they will eventually get the information 14 and mentoring they need, since they have been promised a one-year apprenticeship or one-year 15 mentorship. Also, these surveys are not anonymous, but have the students’ names on them, 16 and students are often reluctant to criticize the instructors and mentors who they have paid a 17 lot of money to help them throughout the year. It is not until later, when students see that the 18 help and information they need is never coming – that they realize they have been scammed. 19 Some Trump University former employees responsible for taking consumer complaint calls 20 estimate that as many as 50% or more of students who take the Trump Seminars are 21 dissatisfied, and one former employee indicated that nearly everyone he spoke to who 22 purchased the $35,000 elite seminar was dissatisfied with it. 23 15. The up-sell – Insiders at Trump University have confirmed that the entire 24 Trump University program is focused on the “up-sell” – the whole purpose of the free seminar 25 is to get people to sign up for the $1,500 seminar. The purpose of the $1,500 seminar is to get 26 people to sign up for the $35,000 seminar, and the entire purpose of that seminar is to get 27 people to sign up for additional Seminars, products and books. Instructors were taught to be 28 5 No. 3:10-CV-00940-CAB(WVG) Case 3:10-cv-00940-CAB-WVG Document 128 Filed 09/26/12 Page 7 of 84 1 “armed with objections and rebuttals” and to “work the room with special attention to team 2 members in possession of a credit card that needs to be run.” 3 16. Misrepresentation of instructors’ and mentors’ experience – Contrary to 4 Defendants’ representations, many of the seminar instructors and mentors were not 5 experienced in real estate – in fact, many had little to no personal real estate experience, and 6 most had not engaged in the vast majority of the real estate techniques they were teaching. In 7 fact, these instructors and mentors were predominantly professional salespeople, hired for their 8 ability to deliver a hard-sell sales presentation, and paid exclusively on commission based on 9 the percent of sales they delivered. Trump’s best speakers earn commissions of $30,000 or 10 more per month. 11 17. Misrepresentations of “unlimited one-year mentorship” – While consumers 12 who purchased the $35,000 seminar were promised unlimited mentoring for an entire year, in 13 fact, Trump University told its mentors it would not pay them for more than six one-hour 14 mentoring sessions per consumer. When one Trump University student became frustrated by 15 the lack of any value or information the mentor was providing and asked to meet twice per 16 week, the mentor eventually admitted that the “one year” of mentoring/consulting promised 17 was really only six one-hour coaching sessions. Indeed, Trump University Corporate has 18 admitted to these consumers that the fact that only 6 sessions would be provided should have 19 been disclosed. 20 18. Misrepresenting and fabricating testimonials – Defendants enhance, 21 misrepresent and in certain instances, completely fabricate student testimonials. They also 22 continue to use testimonials which it knows are no longer true. In addition, Trump’s 23 testimonials often list gross profit rather than net profit which is highly misleading. Indeed, 24 when expenses are taken into account, many of these “success stories” have not really made 25 any money at all. Many of Trump University’s testimonials violated FTC regulations and 26 requirements. 27 28 6 No. 3:10-CV-00940-CAB(WVG) Case 3:10-cv-00940-CAB-WVG Document 128 Filed 09/26/12 Page 8 of 84 1 19. Donald Trump’s Involvement – Donald Trump is personally liable due to his 2 public representations concerning Trump University and his involvement and role in the 3 misconduct: 4 (a) Donald Trump is the founder and Chairman of Trump University – 5 according to Trump University seminar presenters, Donald Trump owns Trump University 6 “lock, stock and barrel,” and it is his “baby, his company”; 7 (b) Donald Trump authorized Trump University to use his name, photos 8 and quotes for all Trump University seminar presentations, website and advertising – the home 9 page of the website displays a large photo of Donald Trump along with the message from him: 10 “Are YOU My Next Apprentice? Prove it to me!” 11 (c) Print advertisements featuring Donald Trump and his image included 12 quotes from him including: “Don’t think you can profit in this market? You can. And I’ll 13 show you how. Learn from my handpicked expert how you can profit from the largest real 14 estate liquidation in history.”5 15 (d) An email from Trump University to thousands or tens of thousands 16 consumers featured Donald Trump’s photo with the words: “Are you My Next Apprentice,” 17 and stated: “76% of the world’s millionaires made their fortunes in real estate. Now it’s 18 your turn. My father did it, I did it, and now I’m ready to teach you how to do it too.” The 19 signature line at the bottom of the email reads, Donald J. Trump, Chairman, Trump University, 20 and even includes his signature. 21 (e) Trump University print advertisements were reviewed and authorized 22 by Donald Trump before they were released and contained quotes from Donald J. Trump, 23 himself, including: “I can turn anyone into a successful real estate investor, including you. – 24 Donald Trump.”6 25 26 27 5 See Trump University Advertisement, New York Post, March 2, 2009. 28 6 See Trump University Advertisement, New York Post, March 2, 2009. 7 No. 3:10-CV-00940-CAB(WVG) Case 3:10-cv-00940-CAB-WVG Document 128 Filed 09/26/12 Page 9 of 84 1 (f) Donald Trump sent signed letters to consumers nationwide, with Donald 2 Trump’s name and signature at the bottom, which stated: “[N]o course offers the same depth 3 of insight, experience and support as the one bearing my name . . . . My hand-picked 4 instructors and mentors will show you how to use real estate strategies to: [s]upplement or 5 even replace your income, [s]ecure your long-term financial future . . . [s]tart profiting today! 6 Now is the time to create your financial legacy. You can do it, even if you only have five or 7 ten hours a week to spare. With our simple instructions and practice exercises – and ongoing 8 support from your own Trump Team of Experts – you’ll have what you need to succeed!” 9 (Emphasis in original). The letter closes with Donald J Trump’s name, signature, and Trump 10 University address, at 40 Wall Street, 32nd Floor, New York, NY 10005. 11 (g) While consumers were in the midst of the Trump University $1,500 12 seminar and Trump University was trying to persuade them to sign up for the $35,000 course, 13 each of the participants received a personalized (addressed to them by name) letter from 14 Donald J. Trump. The letter bore the Trump logo at the top of the letter and the words “From 15 the Office of Donald J. Trump.” The letters stated: 16 Success in real estate begins with great training and proven strategies. Without education you don’t stand a chance. 17 I know how to make money in real estate. I’ve been doing it for a long 18 time with a lot of success. My family has been a leader in real estate since my father – Fred Trump – started building residential homes in New York City 75 19 years ago. My father was my mentor and he taught me a lot. Now I want to teach you how to make money in real estate. To be my apprentice you need to 20 Think BIG and really want to succeed. More than anything, you need to take action. 21 Do YOU have What It Takes to Be My Next Apprentice? 22 I only work with people who are committed to succeed. I founded 23 Trump University back in 2005 to teach go-getters how to succeed in real estate. My team at Trump University is filled with real estate experts . . . proven 24 winners. We’re the best of the best and we know what works. If you think you have what it takes to be my next apprentice, prove it to me. 25 We’ve trained thousands of real estate investors over the years and we know 26 you will be most successful when you work with a partner. . . . 27 If you’re serious about making money and safeguarding your future, learn to invest in real estate. Trump University will teach you how. We’ll 28 8 No. 3:10-CV-00940-CAB(WVG) Case 3:10-cv-00940-CAB-WVG Document 128 Filed 09/26/12 Page 10 of 84 1 give you the best training and the confidence to succeed. If you think you’ve got what it takes to be my next Apprentice, come prove it to me and my team. 2 The letter closes with “See you at the top!” And, it is signed, “Donald J. Trump, Chairman, 3 Trump University.” 4 (h) Donald Trump wrote 387 blogs posted on Trump University’s website, 5 and stated that he intended to be actively involved with Trump University. Donald Trump 6 wrote: 7 Trump University grew out of my desire to impart my business knowledge, 8 accumulated over the years, and my realization that there is a huge demand for practical, convenient education that teaches success. 9 I want the people who go to Trump University to succeed, and I plan to do my 10 part to help them. I’m not just putting my name on this venture; I plan to be an active presence in the curricula. The website, www.trumpuniversity.com, 11 will include such features as “Ask Mr. Trump,” in which I answer your questions; the blog you’re reading now; video clips of me; and more. My 12 words, ideas, and image will also be woven into the courses we create. The reason I’m playing such an active role in Trump University is that I truly 13 believe in the power of education . . . . [T]he people who go to Trump University want to be successful, and I’m on their side.7 14 In another blog, Trump wrote, “I have to believe in whatever I put my name on, and it has to 15 reflect who I truly am. To do otherwise would be a disservice to me, my loyal customers, and 16 prospective customers.”8 17 (i) Donald Trump personally financed Trump University; 18 (j) Donald Trump personally reviewed Trump University’s financials every 19 month with Trump University President, Michael Sexton; 20 (k) Donald Trump personally reviewed all print, newspaper and direct mail 21 advertisements before they went out; 22 (l) Trump University presenters told consumers that Donald Trump hand- 23 picked the Trump University instructors and mentors; 24 25 26 7 http://www.trumpinitiative.com/blog/post/2005/06/why-i-started-trump-university-a- passion-for-learning.cfm (last visited 10-18-10). 27 8 http://www.trumpinitiative.com/blog/post/2005/06/on-being-a-brand-whats-in-a-nam 28 e.cfm (last visited 10-18-10). 9 No. 3:10-CV-00940-CAB(WVG)