Editor’s Note (June 27, 2025): After this article was published, Aliya Health Group responded to a previous request for comment and then announced that it would sue similar defendants named in the suit filed by the FTC. This story has been updated to reflect commentary shared by the CEO of Aliya Health Group.

The U.S. Federal Trade Commission (FTC) has announced a second action on Tuesday against what it describes as deceptive marketing practices in the behavioral health space. After the FTC announced its lawsuit, West Palm Beach-based Aliya Health Group, one of the named defendants in the suit, said that it would sue another defendant named in the FTC’s suit for not disclosing ongoing investigations before an acquisition. 

Filed in the U.S. District Court for the District of Maryland, the FTC has sued 12 corporate and individual defendants over alleged violations of The Opioid Addiction Recovery Fraud Prevention Act of 2018 and Section 5 of the Federal Trade Commission Act. The suit also alleges that some of the defendants also violated the FTC’s “impersonation rule,” which took effect in April 2024.

According to the lawsuit, a handful of investors who owned a digital marketing company called Mercury Marketing and a call center company called Behavioral Health Care of America created a digital sales and marketing funnel centered on impersonating addiction treatment centers, which instead drove leads to addiction treatment facilities that they owned and operated. The FTC also sued the holding companies used by the investors.

“These defendants took advantage of consumers searching online for substance use disorder treatment services during one of the most difficult times in their lives,” Christopher Mufarrige, director of the FTC’s Bureau of Consumer Protection, said in a news release. “The FTC will not hesitate to take action to stop such underhanded and illegal conduct.”

Specifically, the lawsuit named eight corporate defendants: Mercury Marketing, Behavioral Health Care of America, JLux Consulting, Malibu Detox, Malibu Recovery Center, Aliya Health Group, Fennaside and JHEL Holding. The four individuals named in the suit are:

— Christopher LiVolsi: 70% owner of Mercury Marketing, an owner of Malibu Detox and the owner of the holding company Fennaside

— Dennis Rinker: 30% owner of Mercury Marketing, an owner of Malibu Detox

— Robby Stempler: Owner of Behavioral Health Care of America and 80% owner of Malibu Detox

— Jennifer Russ: Owner of JLux Consulting, which consulted on the performance of the call center and its agents and generated monthly performance reports

The lawsuit alleges that Mercury Marketing would create deceptive Google ads, particularly targeting mobile devices, that impersonated other addiction treatment facilities. These ads included phone numbers that would lead to brokers that pushed prospects to Mercury’s clients. The ads would also use the names of specific facilities not involved in the scheme. Through the Behavioral Healthcare Group of America, telemarketers would continue the alleged deception, claiming to work for the facility the caller was genuinely interested in or for a central clearinghouse.

The call center would use a series of scripted calls to try to convince the prospect to admit the Malibu facilities. This included “two calls handled by a ‘fronter’ — the telemarketer who answered the consumer’s initial call — and a final call by a ‘closer,’” the lawsuit states.

Aliya Health Group acquired the Malibu facilities in 2023 and the FTC suite alleged it continued the practice there and drove admissions to other Aliya facilities. A webpage managed by Aliya Health Group states that Malibu Detox is closed.

David Johnson, CEO of Aliya Health Group, told BHB that Aliya is not “not accused of any wrongdoing in the complaint” despite the suit’s allegations that the marketing practices in question occurred at and involved the Malibu facility and other Aliya facilities. He also disputes that Aliya was not informed by the sellers that Malibu was under investigation.

The lawsuit states, “In December 2022, attorneys working on the Malibu Detox asset sale for Stempler notified the Aliya Defendants that the Commission was investigating Malibu Detox for possible violations of the FTC Act and OARFPA.”

Aliya Health Group decided to shutter the Malibu facility in 2024 “due to the reputational harm caused by the prior operator’s misconduct,” Johnson said.

On Friday, Aliya Health Group told Behavioral Health Business that it had sued Stempler and others involved with the Malibu facility in Los Angeles County Superior Court.

“We acquired the facility in good faith, with a focus on clinical quality and ethical care,” Johnson said. “The sellers concealed key facts from us. Their conduct severely damaged the facility’s reputation and made it impossible to restore trust. We are taking this step to hold them accountable.”

In June 2025, the Federal Trade Commission and Miramar, Florida-based mental health and addiction treatment provider Evoke Wellness settled a lawsuit for $1.9 million. The company allegedly used Google Ads and deceptive telemarketing tactics to pose as other clinics and impersonate treatment providers, according to court documents. The FTC sued Evoke in January 2025.