Court filing

Exhibit FTC Complaint against Womply — USA v. Antonetti (Dkt. 58-2, M.D. Fla.)

Filed March 10, 2025 in USA v. Antonetti; one of 16 filings from this case.

Record facts

Court	U.S. District Court for the Middle District of Florida
Filed	2025-03-10

U.S. District Court for the Middle District of Florida · No. 8:24-cr-00317-VMC-AEP · Doc. 58-2 · 2025-03-10 · Docket on CourtListener

Full text

Exhibit B
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COMPLAINT

JULIA HEALD, NY Bar No. 5437561
ATHERINE WORTHMAN, DC Bar No. 488800
AOLA HENRY, NY Bar No. 5612890
ederal Trade Commission
00 Pennsylvania Avenue, NW
ailstop CC-10232
ashington, D.C. 20580
hone: (202) 326-3589 (Heald)
mail: jheald@ftc.gov; kworthman@ftc.gov; phenry@ftc.gov
ttorneys for Plaintiff
EDERAL TRADE COMMISSION

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
San Francisco Division

K
P
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FEDERAL TRADE COMMISSION,

Case No. ____________

Plaintiff,
COMPLAINT FOR PERMANENT

INJUNCTION, MONETARY

v.
JUDGMENT, AND OTHER

RELIEF
OTO ANALYTICS, INC., also d/b/a WOMPLY,

a corporation, and

TOBY SCAMMELL, individually and as an

officer of OTO ANALYTICS, INC.,

Defendants.

Plaintiff, the Federal Trade Commission (“FTC” or “Commission”) for its Complaint
lleges:
1.
The FTC brings this action for Defendants’ violations of Section 5(a) of the FTC
ct, 15 U.S.C. § 45(a), and the COVID-19 Consumer Protection Act, Pub. L. No. 116-260, §
401, 134 Stat. 1182, 3275-76. For these violations, the FTC seeks relief, including a

a
A
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COMPLAINT

permanent injunction, monetary relief, and other relief, pursuant to Sections 13(b) and 19 of the
FTC Act, 15 U.S.C. §§ 53(b) and 57b, and the COVID-19 Consumer Protection Act.
SUMMARY OF THE CASE
2.
Defendants enticed millions of small business consumers seeking emergency
financial assistance during the COVID-19 pandemic to apply for forgivable Paycheck Protection
Program (“PPP”) loans through their platform. Touting individualized, timely customer service,
Defendants promised small business consumers that Defendants would process their loan
applications fast, such as within 24 hours of submission, and that loan funds would ultimately be
secured for them.
3.
But in millions of cases, Defendants failed to obtain PPP loans for small business
consumers. In numerous cases, Defendants also failed to process PPP applications in the
promised time frame. Defendants were aware that Womply did not provide small business
consumers with the promised results, yet continued making deceptive claims and bringing in new
customers.
4.
Defendants’ deceptive practices have violated the FTC Act and the COVID-19
Consumer Protection Act.
JURISDICTION AND VENUE
5.
This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1337(a),
and 1345.
6.
Venue is proper in this District under 28 U.S.C. § 1391(b)(2), (c)(2), and (d), and
15 U.S.C. § 53(b).
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DIVISIONAL ASSIGNMENT
7.
Defendants marketed their services throughout the United States, including
throughout the county of San Francisco, the location of their principal place of business during
the relevant time period.
PLAINTIFF
8.
The FTC is an independent agency of the United States Government created by
the FTC Act. 15 U.S.C. §§ 41–58. The FTC enforces Section 5(a) of the FTC Act, 15 U.S.C. §
45(a), which prohibits unfair or deceptive acts or practices in or affecting commerce. The FTC
also enforces the COVID-19 Consumer Protection Act, which prohibits deceptive practices in or
affecting commerce that are associated with a government benefit relating to COVID-19, Public
Law 116-260, 134 Stat 1182, Title XIV, Section 1401(b)(2).
DEFENDANTS
9.
Defendant Oto Analytics, Inc., also doing business as Womply (“Womply”), is a
Delaware corporation, with its principal place of business between at least February 2021 and
May 2021 at 548 Market Street, Suite 73871, San Francisco, CA 94104, and now operating
virtually. Womply transacts or has transacted business in this District and throughout the
United States. At all times relevant to this Complaint, acting alone or in concert with others,
Womply has advertised, marketed, or distributed PPP financing services to small business
consumers throughout the United States.
10.
Defendant Toby Scammell is the Chief Executive Officer and a Director of
Womply. At all times relevant to this Complaint, acting alone or in concert with others, he has
formulated, directed, controlled, had the authority to control, or participated in the acts and
practices of Womply, including the acts and practices described in this Complaint. Defendant
COMPLAINT

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Scammell has managed the day-to-day business of Womply for years and has knowledge of and
involvement in the company’s advertising, marketing, and provision of PPP financing services to
small business consumers. In connection with the matters alleged herein, Defendant Scammell
transacts or has transacted business in this District and throughout the United States.
COMMERCE
11.
At all times relevant to this Complaint, Defendants have maintained a substantial
course of trade in or affecting commerce, as “commerce” is defined in Section 4 of the FTC Act,
15 U.S.C. § 44.
DEFENDANTS’ BUSINESS ACTIVITIES
Background on SBA’s
Paycheck Protection Program
12.
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”),
P.L.116-136, was enacted in March 2020 to provide immediate, emergency assistance to
individuals and businesses affected by the COVID-19 pandemic. Under the CARES Act,
eligible small businesses could obtain forgivable loans under a temporary, emergency Small
Business Administration (“SBA”) loan program called the Paycheck Protection Program
(“PPP”).
13.
PPP loans were designed to help small businesses struggling, because of the
pandemic, to keep their workers on payroll, as well as cover mortgage interest payments, rent,
utilities, and other essential expenses. Many small businesses that applied for PPP loans
desperately needed immediate funds to stay afloat.
COMPLAINT

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14.
Additionally, unlike most loans, PPP loans could be forgiven if the small business
owners used the loan proceeds for payroll costs and other eligible expenses—thus effectively
transforming the loan into a free federal grant.
15.
The PPP was an extraordinarily time-sensitive program, operating on a first-come,
first-served basis. When the PPP ran out of funds in May 2021, SBA ceased accepting new PPP
loan applications.
Defendants Misrepresented That Consumers
Would Obtain PPP Loans if They Applied with Womply.
16.
Between at least February 2021 and May 2021, Defendants disseminated
advertisements for PPP loans, or otherwise made statements to consumers, that claimed
consumers who qualified for PPP loans would receive loan funds if they applied with Womply.
Defendants advertised both directly to consumers—often targeting workers in the gig economy
and other one-person businesses like freelance workers and independent contractors—and by
disseminating claims through referral partners including social media influencers and certified
public accountants.
17.
For example, in an email announcing “PPP Fast Lane”—Womply’s automated
PPP loan application system launched in February 2021—to referral partners, Defendants stated,
and asked the recipients to spread the word, that consumers who applied for PPP loans with
Womply would “[g]et maximum PPP stimulus” of up to $41,000 deposited directly into their
bank accounts and that the application process would take “as little as five minutes.” In sample
emails Defendants provided their referral partners for dissemination to consumers, Defendants
proclaimed that PPP Fast Lane was “Bigger,” “Better,” and “Faster,” and promised consumers
“up to 20x more money”:
COMPLAINT

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COMPLAINT

Case 3:24-cv-01661 Document 1 Filed 03/18/24 Page 6 of 19
PPP Fast Lane:
•
Bigger: Get up to 20x more money (max of $49,999 per person)
•
Better: Use your 2020 filed taxes, 2020 draft taxes, or 2019 tax filings. Previous EIDL
loans, PPP loans, or EIDL advances are ok.
•
Faster: We need one page from your tax docs plus a connected bank account

Ex. A
18.
Defendants also made these claims in advertisements on social media. For
example, Defendants claimed that consumers would “[g]et [their] PPP loan” if they applied with
Womply; that “[t]he government wants TO GIVE YOU MONEY” and directed consumers to
“[a]pply for your PPP business loan through Womply and receive: [y]our PPP loan with as much
help as Womply can provide”; proclaimed “We Can Get You PPP!”; and exhorted “[g]et the
help you need, fast, with Womply . . . [w]e’ll help you apply for a PPP loan of up to $41,666 in
only 5 minutes”:
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COMPLAINT

Ex. B
•
Womply
' Sponsored (demo)
PPP deadline approaching soon - apply ASAP as funding is limited!
Apply for your PPP business loan through Womply and receive:
,1 Your PPP loan, wi h as much help as Womply can provide .... See more
The gavemment wants
TO GIVE YOU IIONEY
WOMPLY.COM
Get Your PPP Business Loan Through Womply
Learn more
Navigate he latest round of SBA s PPP program and connect ...
.. 0 • 1.BK
r/:J like
CJ Comment
422 Commen s 176 Shares
~ Share
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COMPLAINT

Ex. C
Womply
--=,., Sponsored (demo) 0
Get your PPP business loan through Womply and receive:
✓ Your PPP loan, with as much help as Womply can provide.
✓ A free, six-month Womply Pro subscription (S774 value) o help you through his
difficult time .... See more
WOMPLV.COM
Get Your PPP Business Loan Through Womply
Learn more
av,gate the fates round of SBA s PPP program and connect ...
0 0 • • 4
3 Comments 1 Share
r:fJ Like
CJ Comment
~ Share
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Ex. D
•
Womply
Sponsored (demo)
PPP deadline approaching soon • apply ASAP as funding is limited!
Ge he help you need, fast, with Womply. We'll help you apply for a PPP loan of up
o $41,666 in only S minutes. Get your Irst and second draw loans which are 100%
forgivable!
The
government
wants to give
you money
WOMPLY.COM
Get Your PPP Business Loan Through Womply
avIga1e the latest round of SBA s PPP program and connect ...
o·· 12
r/:J like
0 Comment
Learn more
2 Shares
~ Share
COMPLAINT

19.
Defendants also assured consumers that they would provide individually tailored
and timely customer service, including “[r]eal human support,” with “helpful, friendly support
agents available to walk you through your application and answer your questions.”
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COMPLAINT

20.
Despite Defendants’ promises that small business consumers would get PPP loan
funds if they applied with Womply, of more than 3.25 million PPP loan applications initiated by
consumers, Defendants failed to achieve funding for more than 1.99 million of them (61%).
21.
Many of the consumers who never received funding were eligible for PPP loans,
but Defendants failed to fix known technical issues with their system or otherwise provide the
assistance necessary to process consumers’ applications.
22.
Defendants’ customer support channels were useless for thousands of consumers
seeking assistance with their applications. In late March 2021, after receiving more than 4,800
telephone calls that month to Womply’s customer service line and facing increasing requests by
email that Defendants frequently did not resolve, Defendants entirely disconnected their
telephonic customer service.
23.
For consumers who tried to use chat support, Defendants often took hours or days
to respond. In chat conversations, including during business hours, consumers often received
automated responses telling them to leave a message because no one was available to assist
them. In thousands of instances, no one from Womply ever replied to consumers’ chat
messages.
24.
Thousands of small business consumers complained that they did not receive PPP
loan funds, despite contacting Womply for assistance. For example:

One small business consumer, who was told her loan had been funded but never

got the money, emailed Defendants over several weeks pleading for help.

Womply never assisted her and responded only weeks later with a form email

saying that it “cannot advise [her] on this matter.” The consumer replied that she

had to shut down her business due to lack of PPP loan funds.
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
Another small business consumer asked, “Why does the [SBA] website say my

loan was disbursed when I haven’t received it? Why do I feel like I’m being

scammed?” She explained that she had been seeking assistance from Womply for

more than two months, but “[e]very single time I get a response it’s never specific

to my situation and it never helps me.”
Defendants Misrepresented That Womply Would Review and Process
PPP Loan Submissions Fast and Within 24 Hours.
25.
Between at least February 2021 and May 2021, Defendants disseminated
advertisements for PPP loans, or otherwise made statements to consumers, that consumers would
have their PPP loan applications reviewed and processed by Womply within 24 hours.
Defendants touted their speed, telling consumers that Womply was “faster than a bank,” and
invited applications through Womply’s “PPP Fast Lane.”
26.
Soon after Defendants began accepting applications through PPP Fast Lane, in
early March 2021, Defendants told consumers “[w]ithin a couple of days every new Fast Lane
submission will be processed within 24 hours.” Over at least the next ten days, Defendants
continued to make similar but varied versions of these claims in their direct email marketing, in
advertising emails they prepared for referral partners, and in Womply’s app, telling applicants
that “[m]ost applications are now processed in under 24 hrs,” that applicants “can sign [their]
First Draw [PPP] loan application[s] as soon as [they’re] ready, typically within 24hrs,” that
applications “without problems” were all processed within 24 hours, and that Defendants’
reviews would soon speed to just 3 hours, resulting in same-day finalization of applications in
most cases.
COMPLAINT

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COMPLAINT

27.
Several days later, in late March 2021, Defendants then repeated the original
claim they had made two weeks earlier, promising that, “within a couple of days,” every
application would be processed within 24 hours.
28.
After consumers finished providing Womply with the requested information for
their PPP loan applications, Defendants told consumers that Womply would “review [their]
application in the next 24hrs” and follow up with a final application to sign, or if there were any
questions or issues with the application, Womply would notify them:

Con
ed our nfo
Ex. E
29.
Unfortunately for applicants, Defendants’ representations about timing, including
that consumers were applying in a fast lane and that most consumers’ applications would be
processed within 24 hours, had little to no basis and were often false. Numerous consumers
complained that their applications were not processed within 24 hours. When advised of these
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COMPLAINT

complaints by a referral partner, Defendants acknowledged that Womply in fact took several
days to process new applications. Indeed, Defendants did not collect or preserve any data
giving them a reasonable basis to claim that they would operate “faster” and process applications
within 24 hours. And in some instances, when asked by applicants why there had been no
update within 24 hours, Defendants even admitted that they could not estimate the time it would
take to process applications.
30.
Because of the time-sensitive nature of the PPP and its limited funding, speedy
application processing was critical for consumers. The PPP was a temporary program that
ended when loan funds ran out in mid-2021, and as a result, numerous consumers subjected to
delayed processing of their applications lost their opportunity to obtain PPP loans entirely.
Further, even to the extent consumers did ultimately obtain PPP loans through Womply, in
numerous instances Defendants’ delays in processing their applications deprived struggling small
business consumers of emergency funds they needed immediately.
31.
Concerned applicants also contacted Womply when they had not heard about their
applications within 24 hours as promised. For example, one referral partner of Womply’s
alerted the Company that he had heard from numerous consumers who had “not had any
response about their applications yet, well beyond the 24 hours advertised,” and noted that he
was personally experiencing the same problem even after speaking with customer support.
Another told Defendants he was “getting more and more messages from people saying they’ve
had radio silence since applying for fast lane last week,” and that, as a result, many were
“questioning whether I scammed them into applying.” Consumers complained to Womply after
not hearing anything about their applications for more than twenty-four hours, only to find when
they logged into Womply’s portal that their applications had been cancelled.
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Defendants’ Knowledge of Law Violations
32.
Defendant Scammell controlled and directly participated in Womply’s advertising
and marketing of its PPP loan services. Throughout the duration of PPP Fast Lane, he frequently
sent and received messages regarding the marketing of Womply’s services. Defendant
Scammell reviewed and provided feedback on draft marketing emails to consumers and content
on Womply’s website, and he wrote and edited language to be used in Womply’s advertising.
33.
Defendants, including Defendant Scammell, knew that consumers were misled by
claims that they would receive PPP loans, and that numerous small business consumers did not
receive loans despite seeking help from Womply’s customer service. Defendant Scammell
personally received thousands of consumer complaints directly by email and forwarded by
lenders, SBA, and Womply’s referral partners. For example, the CEO of one of the lenders with
whom Womply contracted warned Defendant Scammell that Defendants needed to “blunt this
idea of ‘instant’ or near-instant consumer-like funding.” Defendant Scammell personally
prepared a document informing a lender that nearly one third of PPP Fast Lane customers’
applications could not be processed by Womply; of those whose applications were processed by
Womply, the applications were not forwarded to lenders in more than one quarter of cases; and
of the applications forwarded to and approved by lenders, almost one fifth of applications
submitted to SBA were not approved, and that even when applications were approved by SBA,
five percent were not funded by lenders. Despite this, Defendants continued to solicit
applications and represent that consumers who applied with Womply would receive loans.
34.
Defendants, including Defendant Scammell, knew that small business consumers
were desperate and went to extraordinary lengths to still get Defendants’ help, including by
requesting help with their Womply applications by emailing an employee of the third-party
COMPLAINT
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COMPLAINT

company operating much of the PPP Fast Lane technology, direct messaging on LinkedIn
employees of a different third-party company assisting Defendants, and even using Google forms
meant for lenders. When asked about referring to Womply’s customer service the consumers
who sought help using LinkedIn, Defendant Scammell responded simply: “You should ignore
them.” Another Womply executive responded similarly when she and Defendant Scammell
learned about consumers’ use of Google forms to request help with their applications, explaining
that they were already aware that “customers will use very clever ways to get personalized
assistance,” and as a rule did not respond.
35.
Despite being flooded with customer service requests and complaints about
stalled applications, Defendants consistently increased their spending on advertisements in order
to increase traffic to PPP Fast Lane throughout at least April 2021. Defendants also used
referral programs to generate new PPP loan applications, offering what Defendant Scammell
called “aggressive rewards” to those who referred new applicants, and using “very strict time
bound campaigns to drive urgency and capture attention.” In addition to Womply’s own
customers who could be paid hundreds of dollars for referring their friends and family to PPP
Fast Lane, Defendants sought out accountants, as well as gig companies and social media
influencers popular with gig workers, to refer their clients, workers, and audience.
36.
Based on the facts and violations of law alleged in this Complaint, Plaintiff has
reason to believe that Defendants are violating or are about to violate laws enforced by the
Commission because, among other things, Defendants continued their unlawful acts or practices
despite knowledge of numerous complaints, only ceased their unlawful acts or practices with
respect to the PPP because the PPP stopped operating, continued working in financial services
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COMPLAINT

after the end of the PPP, and maintain the means, ability, and incentive to resume their unlawful
conduct with respect to small business financing assistance.
VIOLATIONS OF THE FTC ACT
37.
Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), prohibits “unfair or deceptive acts
or practices in or affecting commerce.”
38.
Misrepresentations or deceptive omissions of material fact constitute deceptive
acts or practices prohibited by Section 5(a) of the FTC Act.
Count I
False, Misleading, or Unsubstantiated Claims Regarding
Obtaining PPP Loans
39.
In numerous instances in connection with the advertising, marketing, or
promotion of PPP Loan Services, Defendants have represented, directly or indirectly, expressly
or by implication, that they will obtain PPP loans for eligible consumers who submit PPP loan
applications through Womply.
40.
The representation set forth in Paragraph 39 is false or misleading or was not
substantiated at the time the representation was made.
41.
Therefore, the making of the representation as set forth in Paragraph 39
constitutes a deceptive act or practice in violation of Section 5(a) of the FTC Act, 15 U.S.C.
§ 45(a).
Count II
False, Misleading, or Unsubstantiated Claims Regarding
Application Time
42.
In numerous instances in connection with the advertising, marketing, or
promotion of PPP Loan Services, Defendants have represented, directly or indirectly, expressly
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COMPLAINT

or by implication, that they will review or process consumers’ PPP loan applications fast, such as
within twenty-four hours.
43.
The representation set forth in Paragraph 42 is false or misleading or was not
substantiated at the time the representation was made.
44.
Therefore, the making of the representation as set forth in Paragraph 42
constitutes a deceptive act or practice in violation of Section 5(a) of the FTC Act, 15 U.S.C.
§ 45(a).
VIOLATIONS OF THE COVID-19 CONSUMER PROTECTION ACT
45.
Enacted on December 27, 2020, the COVID-19 Consumer Protection Act makes
it unlawful, for the duration of the public health emergency declared on January 31, 2020
pursuant to Section 319 of the Public Health Service Act, for any person, partnership, or
corporation to “engage in a deceptive act or practice in or affecting commerce in violation of
Section 5(a) of the [FTC] Act (15 U.S.C. 45(a)) that is associated with . . . a government benefit
related to COVID–19.” Public Law 116-260, 134 Stat 1182, Title XIV, Section 1401(b)(2).
46.
The PPP was a government benefit related to COVID-19.
47.
The COVID-19 Consumer Protection Act provides that “[a] violation of
subsection (b) shall be treated as a violation of a rule defining an unfair or deceptive act or
practice prescribed under Section 18(a)(1)(B) of the [FTC] Act,” 15 U.S.C. § 57a(a)(1)(B).
Count III
Misrepresentations Associated with a
Government Benefit Related to COVID-19 Regarding Obtaining Loans
48.
In numerous instances in connection with the advertising, marketing, or
promotion of PPP Loan Services, Defendants have represented, directly or indirectly, expressly
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COMPLAINT

or by implication, that they will obtain PPP loans for eligible consumers who submit PPP loan
applications through Womply.
49.
The representation set forth in Paragraph 48 is false or misleading or was not
substantiated at the time the representation was made.
50.
Therefore, Defendants’ representation set forth in Paragraph 48 constitutes a
deceptive act or practice associated with a government benefit related to COVID-19.
Count IV
Misrepresentations Associated with a
Government Benefit Related to COVID-19 Regarding Application Processing Time

51.
In numerous instances in connection with the advertising, marketing, or
promotion of PPP Loan Services, Defendants have represented, directly or indirectly, expressly
or by implication, that they will review or process consumers’ PPP loan applications fast, such as
within twenty-four hours.
52.
The representation set forth in Paragraph 51 is false or misleading or was not
substantiated at the time the representation was made.
53.
Therefore, Defendants’ representation set forth in Paragraph 51 constitutes a
deceptive act or practice associated with a government benefit related to COVID-19.
CONSUMER INJURY
54.
Consumers are suffering, have suffered, and will continue to suffer substantial
injury as a result of Defendants’ violations of the FTC Act. Absent injunctive relief by this
Court, Defendants are likely to continue to injure consumers and harm the public interest.

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COMPLAINT
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PRAYER FOR RELIEF
Wherefore, the FTC requests that the Court:
A.
Enter a permanent injunction to prevent future violations of the FTC Act by
Defendants;
B.
Award monetary and other relief within the Court’s power to grant; and
C.
Award any additional relief as the Court determines to be just and proper.
Respectfully submitted,
Dated: ____________________
March 18, 2024
/s/ Julia Heald
Julia Heald
Katherine Worthman
Paola Henry
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
(202) 326-3589 (Heald)
(202) 326-2929 (Worthman)
(202) 326-2673 (Henry)
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Exhibit FTC Complaint against Womply — USA v. Antonetti (Dkt. 58-2, M.D. Fla.)

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