FTC Moves to Seize Remaining Assets From PPE Seller Who Failed to Deliver During Pandemic

Federal Trade Commission

WASHINGTON, D.C. — The Federal Trade Commission has moved to recover the remaining assets of Frank Romero, operator of Trend Deploy, after he failed to comply with a court-ordered judgment for deceptive sales of personal protective equipment (PPE) during the COVID-19 pandemic.

The proposed settlement, filed in the U.S. District Court for the Middle District of Florida, Ocala Division, would require Romero to surrender all funds from his bank and retirement accounts to satisfy the outstanding balance of the 2023 judgment against him. The FTC says these funds will be used to provide refunds to consumers who were misled by Romero’s false claims about PPE availability and delivery.

Deceptive PPE Sales During Critical Shortages
According to the FTC’s June 2021 complaint, Romero marketed items such as N95 masks with promises of quick delivery, despite having no reasonable basis to make such guarantees. The agency alleged that many customers never received their orders, received them late without notification, or were shipped products of lower quality than advertised.

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The complaint further stated that Romero failed to follow federal requirements under the Mail Order Rule, which mandates timely shipment, cancellation options, and prompt refunds when delivery deadlines cannot be met. The court agreed in May 2023, finding Romero in violation of the FTC Act, the Mail Order Rule, and the COVID-19 Consumer Protection Act.

Enforcement Actions and Asset Recovery
The original court order permanently barred Romero from engaging in similar conduct and imposed a monetary judgment intended to compensate affected consumers. However, Romero failed to pay the full amount, prompting the FTC to pursue additional enforcement measures, including writs of garnishment, a post-judgment asset freeze, and litigation to reverse property transfers.

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Under the new proposed order, Romero must make a cash payment to the FTC and surrender assets from five separate accounts. He is also required to forfeit any claim to the assets and fully cooperate with their transfer to the Commission.

The FTC has stated that the recovered funds will be distributed to consumers as quickly as possible. Romero remains bound by the permanent injunction entered in the 2023 ruling, which prohibits him from making false claims or violating the Mail Order Rule in the future.

The Commission voted unanimously, 3-0, to approve the stipulated final order.

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