New HampshireDepartment of JusticeOffice of the Attorney General

News Release

For Immediate Release
March 3, 2021

Kate Giaquinto, Director of Communications | 603-573-6103

John W. Garrigan, Assistant Attorney General
Consumer Protection and Antitrust Bureau | (603) 271-1252

Civil Enforcement Action Filed Against Texas School Fundraising Companies for Unfair and Deceptive Business Practices

Concord, NH - Deputy Attorney General Jane E. Young announces the filing of a civil enforcement action against two related Texas companies, Touch Down Sports (TDS) and Boost Sports Integrative Media d/b/a Sports Media Advertising (Boost). The complaint, filed on March 3, 2021, in the Merrimack County Superior Court, alleges that those companies violated the New Hampshire Consumer Protection Act by engaging in unfair and deceptive acts or practices.

The civil enforcement action alleges that in 2017, TDS contacted the Londonderry High School ("LHS") cheerleading coach and asked her whether the school would be interested in having TDS provide "spirit items," such as t-shirts, mini-basketballs, and spirit cups, purchased by local businesses and advertising those businesses' names. TDS represented there would be no cost to the school for these items which could be used by the school for fundraising or as giveaways. Despite the cheer coach declining to sign TDS' written contract and explicitly telling TDS that the school would not participate in their program, TDS deceptively claimed that a binding agreement had been struck between TDS and LHS.

In 2018, Boost solicited a Bedford business to purchase advertising on "spirit items" by falsely claiming that the company was working with the LHS cheerleading coach in preparation for the upcoming basketball season. Boost falsely claimed LHS would announce each sponsor's name at halftime of every varsity home basketball game.

In 2019, Boost reached out to the LHS cheerleading coach with the same message as TDS sent to her in 2017 inquiring if LHS wanted Boost to provide the school with the same free "spirit items" advertising local businesses. The LHS cheerleading coach did not respond to the inquiry.

In January 2021, Boost solicited a Nashua business to purchase advertising on "spirit items" by falsely claiming that they were working with the LHS cheerleading coach for the upcoming football season. Boost again falsely claimed that the business' name would be announced at halftime at every home game.

The Texas Attorney General's Office filed a civil enforcement action against the same companies in August 2020 for similar allegations of unfair and deceptive solicitations committed across the nation.

Both companies are headquartered at the same address in Fort Worth, Texas and are owned and operated by the same individual, Joseph Elkhatib.

The State is seeking injunctive relief, restitution for any affected businesses, civil penalties, and attorney's fees in this civil action.

Deputy Attorney General Young strongly encourages any business who receives a solicitation for advertising or fundraising from any third-party company claiming to be working on behalf of a local school to contact the school district to confirm the legitimacy of the solicitation.

Assistant Attorney General John W. Garrigan of the Consumer Protection and Antitrust Bureau is lead counsel for the State on this case.

New Hampshire Department of Justice
1 Granite Place South | Concord, NH | 03301
Telephone: 603-271-3658