Attorney General Yost Silences Texas-based Robocallers
(COLUMBUS, Ohio) – Ohio Attorney General Dave Yost and seven other attorneys general announced two related judgments effectively shutting down a massive robocall operation that bombarded Americans with billions of illicit robocalls, including more than 69 million to Ohioans.
“Stopping annoying robocalls is a lengthy process, but this judgment is a reminder that we can cut them off,” Yost said. “There are enough distractions in life – let’s not let spam callers interrupt our lives anymore.”
In separate rulings, the U.S. District Court for the Southern District of Texas this week imposed a combined monetary judgment of $244,658,640 against John Caldwell Spiller II and his business partner, Jakob Mears. The men owned Texas-based Rising Eagle Capital Group, Jsquared Telecom and Rising Eagle Capital Group-cayman.
Because of Spiller and Mears’ inability to pay, the judgments will largely be suspended in favor of a permanent operational ban, meaning that neither can initiate or facilitate any robocalls, work for or with companies that make robocalls or engage in any telemarketing.
The court’s decision stems from a lawsuit filed by Attorney General Yost and others in June 2020 citing violations of the federal Telephone Consumer Protection Act and the federal Telemarketing Sales Rule, as well as various state consumer-protection laws.
The complaint alleged that Spiller and Mears used the three companies to unleash a barrage of deceptive robocalls, many of them selling bogus extended car warranties and health-care services. They also “spoofed” calls by manipulating the number that appeared on caller ID to mislead people and called millions of phone numbers on the Do Not Call list.
Specifically, between January and May of 2019 and January and March of 2020, the defendants initiated more than 69 million robocalls to phone numbers associated with Ohio area codes. Of those, roughly 32.3 million were numbers on the Do Not Call list.
Yost and the other attorneys general are continuing cases in this same litigation against Scott
Shapiro, Michael Theron Smith Jr. and Health Advisors of America Inc., all of Florida. These defendants allegedly worked with Mears and Spiller to make illegal robocalls targeting people who never asked to be contacted by Health Advisors.
Joining Yost in the announcement were the attorneys general of Arkansas, Indiana, Michigan, Missouri, North Carolina, North Dakota and Texas.
Consumers who receive unwanted calls can complete an Unwanted Call Notification Form at www.ohioprotects.org. That information will be shared with the Robocall Enforcement Unit, which uses the reports to identify trends and protect Ohioans.
Robert Lee Hornikel, age 81, passed away Sunday, March 5, 2023 at Ohio Health in Mansfield.
Born February 9, 1942 to Carl and Hazel (Meeker) Hornikel in Portsmouth, he had been a resident of Mansfield for 60 years. A 1960 graduate from Portsmouth West High School, Robert was drafted into the United States Army serving his country in Korea and stateside. He went on to attend Mansfield Business College where he received an associates degree and had worked 45 years at General Motors as a die maker and later following die builds for new car programs.
Robert was an avid sports fan. From coaching his daughters in softball and little league, to playing basketball and baseball in high school. He loved attending his grandchildren’s sporting events and was an active band parent and helped record practices and performances. Robert was very handy and was always willing to help his family and friends with their home improvement projects. Although he kept busy, he always made time to keep in touch with his friends from GM and go out to weekly breakfast with them. Above all he loved his family, and cherished all the time spent with them.
He is survived by his wife of 57 years, Cynthia “Cindee” (Houpt) Hornikel, his daughters; Cheri (Curt) Berlin of Columbus and Heidi (Pierre) Jolivette Hornikel of Sequim, WA; his grandchildren, Emma and
Luke Berlin of Columbus, and Anjolie Jolivette of Sequim, WA; three siblings, Margaret Mcginnis of Lucasville, Dale Hornikel of Portsmouth, and Greg Hornikel of Bradenton, FL, as well as numerous nieces, nephews, in-laws, and other relatives, including his sister-in-law and loving caregiver, Johanna Allen. He is also survived by many friends, neighbors, and coworkers that knew and loved him.
In addition to his parents, he was preceded in death by his brother Steve Hornikel.
Barkdull Funeral Home & Crematory is honored to be assisting the family with services.
A memorial service will be held at a later date at the family’s home.
In place of flowers, memorial contributions can be made to Ohio Health Hospice at 335 Glessner Ave, Mansfield, OH 44903 or The Wounded Warrior Project at P.O. Box 758516, Topeka, Kansas 666758516.
Online condolences can be made at www.barkdullfuneralhome.com