This Business is not BBB Accredited
ProTech Support, LLC
(888) 202-3796135 Avenue L, Delray Beach, FL 33483-4652
! There is an alert for this business !
BBB Business Reviews may not be reproduced for sales or promotional purposes.
ProTech Support, LLC is not BBB Accredited.
Businesses are under no obligation to seek BBB accreditation, and some businesses are not accredited because they have not sought BBB accreditation.
To be accredited by BBB, a business must apply for accreditation and BBB must determine that the business meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses must pay a fee for accreditation review/monitoring and for support of BBB services to the public.
Reason for Rating
BBB rating is based on 13 factors. Get the details about the factors considered.
Factors that lowered ProTech Support, LLC's rating include:
- Failure to respond to 2 complaints filed against business.
- Government action(s) against business.
Customer Complaints SummaryRead complaint details
|Complaint Type||Total Closed Complaints|
|Billing / Collection Issues||2|
|Problems with Product / Service||6|
|Advertising / Sales Issues||0|
|Guarantee / Warranty Issues||0|
|Total Closed Complaints||8|
Customer Reviews Summary Read customer reviews
1 Customer Review Customer Reviews on ProTech Support, LLC
|Customer Experience||Total Customer Reviews|
|Total Customer Reviews||1 Customer Review|
The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.
UPDATE as of May 25, 2015
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL
CIRCUIT IN AND FOR WEST PALM BEACH COUNTY, FLORIDA
Case Number 50 2015 CA 002786XXXXMBAA
OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF
LEGAL AFFAIRS, STATE OF FLORIDA
PROTECH SUPPORT, LLC d/ b/a RAPID TECH SUPPORT and DAVID STEIN, an Individual
THOMAS PANIK, SR., an Individual
CONSENT FINAL JUDGMENT AND STIPULATED PERMANENT
This Consent Final Judgment and Stipulated
Permanent Injunction was entered upon agreement
between Plaintiff, The Office of the Attorney
General, Department of Legal Affairs, State of
Florida (The "Department"),
Defendants, Pro Tech Support, LLC d/b/a Rapid
Tech Support ("ProTech"), David Stein, an
individual, and Thomas Panik, Sr., an
individual (collectively referred to as the
JURISIDCTION AND VENUE
The Parties hereby agree and stipulate that this
Court has jurisdiction over the parties and the
subject matter pursuant to the provisions of the
Florida Deceptive and Unfair Trade Practices Act,
Chapter 501, Part II, Florida Statutes, and that
venue is proper in this Court in that the actions
at issue took place in or affected more than one
judicial circuit in the State of Florida.
The Parties, having stipulated that this Court
has jurisdiction to enter a final judgment and
permanent injunction in this matter, agree to the
entry of the Consent Final Judgment and Stipulated Permanent Injunction and to the
findings of fact set forth below.
The Court having reviewed the file and necessary
papers, makes the following findings:
FINDINGS OF FACT
I. The Parties
A. The Office of the Attorney General, Department
of Legal Affairs, State of Florida
(the " Department" or "Plaintiff')
is an agency of the State of Florida and the
enforcing authority under the Florida Deceptive
and Unfair Trade Practices Act ("FDUTPA"),
Florida Statutes Section 501.201 et seq.
B. ProTech Support, LLC d/b/a Rapid Tech Support
("ProTech"), is a Florida limited liability
company organized under the laws of Florida on or
about September 1, 2013, and maintains a principal place of business registered as 135
Avenue L, Delray Beach, Florida 33483.
Since its inception, ProTech has marketed, advertised, and sold products and services to
consumers relating to technical support services
for personal computers.
C. David Stein is an individual over the age of
18 and is the President, registered agent, and an
owner of ProTech. Stein was an owner and officer
of ProTech, but did not have an active role until
D. Thomas Panik, Sr. is an individual over the
age of 18 and has been an officer and owner of ProTech since ProTech's inception on September
E. The Department initiated an investigation ito
allegations that ProTech engaged in acts or
practices in the State of Florida and elsewhere
that were misleading, unfair, deceptive or
unconscionable in the marketing, advertising, and
performance of providing technological support
services and software products ("technical and/or
software support services and products").
The allegations include:
engaging in deceptive advertising to lure
consumers under false pretenses to contact ProTech through misleading pop-up advertisements
directing consumers to contact a toll-free
telephone number; engaging consumers to allow Pro
Tech to gain remote access to consumers'
personal computers in order to conduct a misleading diagnosis of computer and software
issues; convincing consumers that the diagnostic
revealed damage and/or malware on consumers' personal computers, when it did not; and persuading consumers to purchase unnecessary
and costly software support services and products
to remedy non-existent computer issues.
F. The alleged unfair and deceptive acts, if
proven at trial, would violate the Florida Deceptive and Unfair Trade Practices Act Section
501.201 et seq as well as, potentially other
state or federal regulations.
G. In lieu of an extended litigation and trial,
the parties stipulate to the entry of this
consent final judgment and permanent injunction.
Pro Tech, David Stein, and Thomas Panik, Sr.,
waive any and all rights and defenses that might
preclude entry and the full force and effect of
this consent final judgment and permanent
WHEREFORE, based upon the foregoing factual
findings, it is hereby ORDERED AND ADJUDGED:
SCOPE OF CONSENT FINAL JUDGMENT AND STIPULATED
1. Final Judgment is hereby entered in favor of
the Office of the Attorney General, Department
of Legal Affairs, State of Florida (the
"Department"), 110 SE 6 Street, 10 Floor,
Fort Lauderdale, Florida 33301,
and against ProTech Support, LLC, 135 Avenue L,
Delray Beach, Florida 33483;
David Stein, and Thomas Panik, Sr.,
(collectively referred to as " Defendants").
3. The Court hereby permanently enjoins ProTech,
David Stein, Thomas Panik, Sr., as well as their
officers, agents, servants, employees, attorneys,
and those persons in active concert or participation with them who receive actual notice
of this Order, whether acting directly or indirectly, from the following:
a. Any acts or practices that violate the Florida
Deceptive and Unfair Trade Practices Act, Chapter
501, Part II, Florida Statutes; including
b. deceptive marketing or advertising, including
the dissemination of any advertisement or
promotion that is meant to lure consumers under
c. internet advertising or marketing meant to
direct consumer traffic to any website, webpage,
or secondary advertisement, related to any
technical and/or software support entity where
ProTech, David Stein, or Thomas Panik, Sr. conduct business;
d. engaging in any business that markets or sells
software support services or products;
e. receiving payment or any other benefit
through any partnership, alliance, joint venture,
or agreement with any business that offers consumers technical support services and/or
f. using any false or misleading statement to
induce any person to pay for goods or services
in connection with the marketing, advertising,
promotion, distribution, offering for sale of any goods or services;
g. selling, renting, leasing, transferring, using, disclosing, or obtaining any pecuniary
benefit from the consumer information, including
name, address, telephone number, credit card
number, e-mail address, or other identifying
information of any person, that Pro Tech, David
Stein, and/or Thomas Panik, Sr. obtained prior to
the entry of this Court's Order in connection with any activity that pertains to the subject
matter of the Attorney General's investigation
h. any violation of the Restore Online Shoppers' Confidence Act (ROSCA), 15 U.S.C. §8402, including but not limited to 15 U.S.C. §8402(a)
relating to disclosures required to consumers
prior to any post-transactions charges or
attempts to charge;
i. failing to disclose in inbound telephone calls
from consumers, promptly and in a clear and
conspicuous manner, the nature of the goods or
services and/or any other fact material to
consumers concerning any good or service.
II. Monetary Judgment For Restitution And Civil
Penalty And Partial Suspension
Judgment in the amount of Five Million Five
Hundred Thousand Dollars ($5,500,000.00) is
entered in favor of Plaintiffs against Defendants, for which let execution issue
forthwith, apportioned as follows:
a. Defendants are jointly and severally liable
for Two Million Five Hundred Thousand Dollars
($2,500,000.00) in consumer restitution.
i. Of this amount, Defendants are order to pay
One Hundred Thousand ($100,000.00), and shall be
paid by wire transfer, certified funds or cashier's checks, payable to the Department of
Legal Affairs Escrow Fund, and shall be sent to
Michelle Pardoll, Assistant Attorney General,
Office of the Attorney General,
Consumer Protection Division,
110 SE 6 Street, 10 Floor
Fort Lauderdale, Florida 33301,
paying equal monthly installments of $10,000 each, over a period of 10 months, the first
payment beginning immediately with the execution
of this consent final judgment and stipulated
Upon receipt, each check shall be deposited into
the Department of Legal Affairs Escrow Fund, in
accordance with Section 501.2101 (1), Florida
Statutes for distribution to consumers according
to the sole business judgment of the Department.
In the event actual restitution for future complainants exceeds the Restitution Amount, then
the Restitution Amount will be distributed
pro-rata to the complainants determined by the
Department to be eligible for restitution.
In no event shall any individual consumer receive
more than the amount they are actually owed.
If any restitution monies remain after the
distribution of the Restitution Amount, the
Department will deposit the remaining monies
into the Department of Legal Affairs Revolving
Trust Fund and it shall be used to defray the
costs of restitution distribution and any
attorneys' fees and costs incurred in this
b. In this case, more than 300 transactions of
unfair or deceptive conduct occurred.
Given the blatant nature of the violations and
the egregiousness of the consumer harm, the
appropriate penalty is $10,000.00 per
violation, for a total penalty of Three
Million Dollars ($3,000,000.00).
7. Upon payment of $100,000.00, referenced in
paragraph 3(a)(i), the remainder of the
judgment is suspended, subject to the provisions
8. The Plaintiff's agreement to the suspension of
part of the judgment is expressly premised upon
the truthfulness, accuracy, and completeness of
ProTech, David Stein, and Thomas Panik, Sr.'s
sworn financial statements, sworn statements,
and related documents.
9. The suspension of the judgment will be lifted
if, upon motion by Plaintiff, the Court finds that ProTech Support, LLC, David Stein, or Thomas
Panik, Sr., made any misstatement or omission in
the affidavits and statements described in
Paragraph 5, Subparagraphs (a) through (f).
10. The suspension of the judgment will be
lifted if, upon motion by Plaintiff, the Court
finds that ProTech Support, LLC, David Stein, or
Thomas Panik, Sr. violated the terms of this
consent final judgment and stipulated permanent
11. If the suspension of the judgment is lifted, the judgment becomes immediately due in the
amount specified in Paragraph 6 above, less any
payment previously made pursuant to Paragraph
6(a)(i), plus interest computed from the date of
entry of this Order.
12. The Department also reserves the right to
seek attorneys' fees and costs incurred as a
result of any future noncompliance by any party.
13. The facts alleged in the Complaint establish
all elements necessary to sustain an action by
Plaintiffs pursuant to Section 523(a)(2)(A) of
the Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A),
and this Order will have collateral estoppel
effect for such purposes.
III. Additional Terms
14. ProTech, David Stein, and Thomas Panik, Sr.
shall not destroy, mutilate, conceal, alter, or
dispose of ProTech's books, records, contracts,
financial records, consumer files and financial
information, regardless of the manner in which it is stored, for a period of two (2) years from the
date of this consent final judgment and stipulated permanent injunction.
At any point during the two (2) year retention
period set forth herein, David Stein shall make
any and all books and records available to the
Department within three (3) business days upon
15. David Stein and Thomas Panik, Sr. shall each
complete and sign a Credit Report Authorization
and Release Form provided by the Office of the Attorney General and shall return the aforementioned Form with this signed and
notarized consent final judgment and stipulated
David Stein and Thomas Panik, Sr. shall each
grant authorization to the Consumer Protection
Division, Office of the Attorney General of
Florida, to obtain periodic standard factual data
credit reports through the credit reporting agencies (i.e. Experian, Equifax, and Transunion) for the time period that any balance on the debt
This authorization shall remain in effect until
such time that the full terms of this consent
judgment is fulfilled.
16. David Stein and Thomas Panik, Sr. shall each
complete under oath Florida Rule f Civil
Procedure Form 1.977 (Fact Information Sheet),
including all required attachments, and serve
it on the Attorney General, within 30 days from
the date the Court enters an Order on this consent final judgment and stipulated permanent
injunction, unless the judgment is satisfied.
Failure to comply with this section shall constitute a violation of this consent final
judgment and stipulated permanent injunction and
may subject ProTech, David Stein, and Thomas
Panik, Sr. to any and all penalties set forth
17. Pursuant to Section 222.11, Florida Statutes,
and the executed Waiver of Garnishment Exemption
attached hereto as Exhibit A, David Stein waives
any claim of exemption from garnishment in any
garnishment proceeding initiated to collect monies due under this consent final judgment and
stipulated permanent injunction.
18. Pursuant to Section 222.11, Florida Statutes, and the executed Waiver of Garnishment Exemption
attached hereto as Exhibit B, Thomas Panik, Sr.
waives any claim of exemption from garnishment
in any garnishment proceeding initiated to collect monies due under this consent final
judgment and stipulated permanent injunction.
19. ProTech, David Stein, and Thomas Panik, Sr.
shall each complete sections l(a), (b); 2(a),(b);
3, and 4, as well as sign and date the attached Form 4506-T, attached hereto as Exhibit C.
Please refer to the instructions in Exhibit C in
order to complete the required sections.
20. ProTech, David Stein, and Thomas Panik, Sr.
shall not affect any change in the form of doing
business or the organizational identity of any of
the existing business entities or create any new
business entities as a method of avoiding the
terms and conditions set forth in this consent
final judgment and stipulated permanent
21. This consent final judgment and stipulated
permanent injunction is continuing in nature and
shall be binding on any and all successors or
assigns of ProTech, David Stein, and Thomas Panik, Sr.
22. This consent final judgment and stipulated
permanent injunction is not a waiver of any
private rights of any person or release of any
private rights, causes of action, or remedies of
any person against ProTech, David Stein, Thomas
Panik, Sr., or any other person or entity. Notwithstanding any other provision of this
consent final judgment and stipulated permanent
injunction, nothing herein shall be construed to
impair, compromise or affect any right of any
government agency other than the Office of the
Attorney General for the State of Florida
relating to the operative facts at issue.
23. Nothing herein shall affect ProTech, David
Stein, or Thomas Panik, Sr.'s (a) testimonial
obligations, or (b) right to take legal or
factual positions in defense of litigation or
other legal proceedings to which the Department
is not a party.
24. The Parties jointly participated in the
negotiation of the terms articulated in
this consent final judgment and stipulated
25. Acceptance by the Office of the Attorney
General shall be established by the signature of
the Deputy Attorney General.
The receipt by the Office of the Attorney General
of any monies pursuant to the Judgment does not
constitute acceptance by the Office of the
Attorney General, and any monies received shall
be returned to Settlement Parties if this
Settlement Agreement is not accepted and executed
by the Associate Deputy Attorney General.
IV. Penalties For Noncompliance
26. Any failure to comply with the terms and conditions of this consent final judgment and
stipulated permanent injunction is by statute
prima facie evidence of a violation of Chapter
50 I, Part II, Florida Statutes, and upon failure
to comply with the terms and conditions of this
consent final judgment and permanent injunction,
the suspension of the judgment will be lifted,
and Defendants will be subject to attorneys' fees
and costs in lifting the judgment and the
In the event that a court of competent jurisdiction makes a determination that a violation of any provision of this consent final
judgment and stipulated permanent injunction has
occurred, then the violating Defendant(s) shall be jointly and severally liable for the full
judgment, as well as any additional attorneys'
fees and costs, and other relief as may be
allowed by law.
27. This Court retains jurisdiction of this case
to enforce the terms of this consent final judgment and stipulated permanent injunction
and enter any further Orders as may be necessary
to ensure compliance, including by contempt
proceedings, civil and/or criminal.
V. Waiver By Parties Of Hearing
28. This document is signed in anticipation of
this consent final judgment and stipulated permanent injunction being submitted to the
Court for approval, without necessity of
hearing, which is hereby waived by all parties.
For further assistance please contact
Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050
Florida Relay/TDD: 800-955-8771
Florida Toll Free: 866-966-7226
As of March 5, 2015, the Florida Attorney General's Office announced the filing of four complaints involving deceptive marketing and sales of computer software and tech support services to Florida consumers, many of whom are senior citizens.
The call centers, located in the Delray Beach and Boca Raton area, allegedly used deceptive marketing, such as pop up ads warning of viruses or other malware, to lead consumers to call these companies.
Once in contact with the companies, consumers are directed through a sales pitch that is designed to scare the consumers into paying for unnecessary computer repairs and support services.
Consumers typically paid from $99 to $600 to resolve non-existent computer issues.
The Attorney General's Office alleges that the following company is one of the four companies that are in violation of the Florida Deceptive and Unfair Trade Act for their involvement in computer tech scams:
* Protech Support, LLC d/b/a Rapid Tech Support, located in Delray Beach, FL
The Attorney General's Office is seeking a permanent injunction, consumer restitution and civil penalties for each company.
Anyone who suspects unfair or deceptive business practices can file a complaint with the
Attorney General's Office online at MyFloridaLegal.com
Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050
BBB has nothing to report concerning ProTech Support, LLC's advertising at this time.
Type of Entity
Limited Liability Corporation
Business ManagementPrincipal: Mr. Thomas Panik Sr. (Officer/Owner)Mr. David Stein (Officer/Owner)
Related BusinessesDirect Student Aid, Inc - 135 Avenue L, Delray Beach, FL These businesses have the same principals
Information Technology Services, Computers - Service & Repair