WILLIAM BLUMENTHAL 

General Counsel 

THOMAS J. SYTA, Bar # 116286 

RAYMOND E. MCKOWN, Bar # 150975 

JENNIFER M. BRENNAN, Bar # 225473 

Federal Trade Commission 

10877 Wilshre Blvd., Ste. 700 

Attorneys for ~1aiLtiff i AUG ! 5 2y)j Federal Trade Co~ssicin 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

v. 

COl.TSTiiT~ICIT~O.COI~. , iT\JC., a 

corporation, 

doing business as 

EXPERIAN CONSUMER DIRECT, 

QSPACE, NC., 

and PLACE INC., 

Defendant. 

CV SACVOS-801 AHS@JJ,Gx) 

STIPULATED FINAL 

JUDGMENT AM) ORDER 

FOR PERMANENT 

INJUNCTION 

Plaintiff, Federal Trade Commission ("FTC" or "Commission") is 

concurrently filing its Complaint, which alleges that Defendant Consumerinfo.com 

hc., doing business as Experian Consumer Direct, Qspace, Inc., and Iplace, Inc., 

Page 1 of 41 
las engaged in unfair or deceptive acts or practices in violation of Section 5 of the 

?TC Act, 15 U.S.C. fj 45, in connection with the marketing of conswner reports 

md credit monitoring programs. The parties have agreed to the entry of ths 

Stipulated Final Judgment and Order for Permanent Injunction ("Order") to resolve 

111 matters in dispute in ths action without trial or adjudication of any issue of law 

)r fact herein and without Defendant adrmtting liability for any of the matters 

illeged in the Complaint. Defendant has waived service of the Surnmons and 

Somplaint. 

TrnrnFBrn, IT IS HEREBY OrnERED, rnrnGED, m 

DECREED as follows: 

FINDINGS 

1. as Court has jurisdiction over the subject matter of hs case and 

)ver Defendant Consumerinfo. com, Inc. dba Experian Consumer Direct, Qspace, 

nc. and Iplace, Inc. 

2. Venue in ths district is proper under 28 U.S .C. fj 139 1 (bj and (c), and 

15 U.S.C. 5 53Cbj. 

3. The acts and practices of Defendant are in or affecting commerce, as 

'commerce" is defmed in Section 4 of the FTC Act, 15 U.S.C. 5 44. 

4. The Complaint states claims upon whch relief may be granted against 

lefendant under Sections 5 and 13@) of the FTC Act, 15 U.S.C. 

35 45 and 53(b). 

5. Defendant makes no admissions as to the allegations in the Complaint, 

~ther than the jurisdictional facts. 

6. Defendant waives: (a) all rights to seek appellate review or otherwise 

;hallenge or contest the validity of ths Order; (b) any claim Defendant may have 

Page 2 of 41 
against the Commission, its employees, representatives, or agents that relate to the 

matter stated herein; (c) all claims under the Equal Access to Justice Act, 28 U.S.C. 

fj 2412, as amended by Pub. L. 104-121, 110 Stat. 847, 863-64 (1996); and (d) any 

rights to attorneys' fees that may arise under said provision of law. 

7. Entry of this Order is in the public interest. 

DEFINITIONS 

For purposes of this Order, the following definitions shall apply: 

1. "Assisting Others" means knowingly formulating or providing, or 

manging for the formulation or provision of, any marketing materials. 

2. "Billing Information" means any data that enables any person to 

~CC~SS a customer's account, such as a credit card, chechng, savings, share or 

;irnilar account, utility bill, mortgage loan account, or debit card. 

3. "Clearly and Conspicuously" means: 

a. in print communications, the message shall be in a type size and 

ocation sufficiently noticeable for an orhary consumer to read and comprehend 

t, in p~t that contrasts with the background against which it appears; 

b. in communications disseminated orally, the message shall be 

lelivered in a volume and cadence sufficient for an ordinary consumer to hear and 

;omprehend it; 

c. in communications made through an electronic medium (such as 

.elevision, video, radio, and interactive media such as the Internet, online services 

md software), the message shall be presented simultaneously in both the audio and 

~isual portions of the communication. In any communication presented solely 

.hrough visual or audio means, the message may be made through the same means 

n which the communication is presented. Any audio message shall be delivered in 

Page 3 of 41 
2 volume and cadence sufficient for an ordmary consumer to hear and comprehend 

~t. Any visual message shall be of a size and shade, with a degree of contrast to the 

sackground against whch it appears and shall appear on the screen for a duration 

md in a location, sufficiently noticeable for an ordinary consumer to read and 

zomprehend it; and 

d. regardless of the medium used to disseminate it, the message 

;hall be in understandable language and syntax. Nothing contrary to, inconsistent 

with, or in mitigation of the message shall be used in any communication. 

4. In the case of advertisements disseminated by means of an interactive 

:lectronic medium such as software, the Internet, or online services, "in close 

~roxirnity" shall mean on the same webpage, online service page, or other 

:lectronic page, and proximate to the triggering representation, and shall not 

nclude disclosures accessed or displayed through hyperlinks, pop-ups, interstitials 

)r other means. 

5. "Consumer Report" is synonymous in meaning and equal in scope to 

he usage of the term as it is defined in Section 603(d) of the Fair Credit Reporting 

kt, 15 U.S.C. 5 1681aidj. 

6. "Credit Report" means a consumer report that is used or expected to 

)e used or collected in whole or in part for the purpose of serving as a factor in 

:stablishmg the consmner's eligibility for creditworthmess. 

7. "Credit Monitoring Program" means a progrm that enables a 

:onsumer to access information related to substantive changes in hs or her credit 

listory as recorded in his or her consumer report. 

8. "Defendant" means Consumerinfo.com, Inc. doing business as 

ixperian Consumer Direct, Qspace, Inc., and Iplace, Inc. 

9. "Document" is synonymous in meaning and equal in scope to the 

Page 4 of 41 
usage of the term in Federal Rules of Civil Procedure 34(a), and includes writings, 

ikawings, graphs, charts, photographs, audio, and video recordmgs, computer 

records, and other data compilations from whch the information can be obtained 

md translated, if necessary, through detection devices into reasonably usable forrn 

A draft or non-identical copy is a separate document withn the meaning of the 

term. 

10. "Free Credit ReportICredit Checlc Monitoring" (or, "CCM") means a 

~romotion offered by Consumerinfo.com, Inc., regardless of the name under whch 

:he promotion was offered, wherein a consumer received a free credit report in 

;onjunction with enrollment on a trial conversion basis in a cre&t monitoring 

~rogram. 

1 1. "Full and Complete Refund" means a refund of any unrefunded 

mount paid for the Free Credit ReportICredit Check Monitoring in the 12-month 

nembership period in whch the cancellation took place, or the request for refund 

)r chargeback, or complaint about the charge, was made. No consuer shall 

-eceive a refund of more than the unrefunded amount paid in a single twelve-montl 

nembership period. 

12. "Marketing Partner" means any third party with whch Defendant has 

m agreement under which Defendant agrees to provide order fulfillment services tc 

hat thrd party in conjunction with that thd party's advertising, promotion, offer, 

n sale of any program in which the consumer receives a fi-ee credit report and is 

:nrolled in a credit monitoring program on a trial conversion basis and under whicl 

lefendant does not have authority to control such advertising, promotion, offer, or 

;ale. 

13. "Material" when used in reference to the sale of goods or services 

neans likely to affect a person's choice of, or conduct regarding, goods or services. 

Page 5 of 41 
14. A "Negative Option" offer or agreement is one to sell or provide good 

)r services under which: (a) a consumer must take an affirmative step to rej ect 

;oods or services or cancel the agreement, and (b) the consumer's silence or failure 

.o reject goods or services or to cancel the agreement would ordinarily be 

nterpreted by the seller or provider as acceptance or continuing acceptance of the 

zoods or services. Negative option offers or agreements include but are not limitec 

o "Trial Conversion" offers, which are characterized by an offer of fiee products o 

Services or a fiee trial period of products or services to consumers where, as a 

.esult of accepting the fjree products or services or the free trial period of products 

)r services, consumers would ordinarily be required to contact Defendant to avoid 

meceiving ad&tional products or services and incurring a financial obligation for 

;uch additional products or services. 

15. "Short-form advertisement" means any television or radio 

idvertisement of less than sixty (60) seconds duration, Internet banner 

idvertisement, or Internet pop-up advertisement. 

ORDER 

I. PROmITED B-"-Sma~SS *C'jl'lviTLli;S 

IT IS ORDERED that Defendant and Defendant's successors, assigns, 

~fficers, agents, and all other persons or entities within the scope of Fed. R. Civ. P. 

55, whether acting directly or through any sole proprietorship, partnershp, limited 

iability company, corporation, subsidiary, branch, division, or other entity, 

ncluding all other persons or entities in active concert or participation with them, 

vho receive actual notice of ths Order by personal service or otherwise, in 

;omection with the advertising, promoting, offering for sale, or sale of consumer 

*eports, cre&t scores, credit monitoring programs, or any other product, program, 

)r service relating to consumer reports, are hereby permanently restrained and 

Page 6 of 41 
:nj oined from: 

A. Misrepresenting, or assisting others in misrepresenting, expressly or 

)y implication, that consumers can obtain a free product, program, or service, a fief 

rial membership, or any such product, program, or service at no cost or obligation. 

B . Misrepresenting, or assisting others in misrepresenting, expressly or 

~y implication: 

1. the amount of any charge, bill, or fee, including but not limited 

.o, the cost of any consumer report or credit monitoring program; 

2. that a consumer will not be charged, billed, or assessed a fee; 

3. the timing or manner of any charge, bill, or fee assessment; 

4. that a consumer is legally obligated to pay a charge, bill, or fee 

nssessment; or 

5. that a consumer will not be charged, billed, or assessed a fee 

without the consumer's authorization. 

C. Failing to make the following disclosures, clearly and conspicuously, 

n conjunction with the advertising, promotion, or sale of any offer, other than a 

~romotion through a marketing partner, in which the consumer receives a fiee 

:redit report and is enrolled in a credit monitoring program on a trial conversion 

~asis: 

1. At least once in any short-form advertisement, Defendant shall 

nclude the following disclosure, or words of similar import, in close proximity to 

:he free credit report representation: 

"with enrollment in [name of credit monitoring program]" 

2. At least once in any other radio or television advertisement, 

Page 7 of 41 
lefendant shall include the following disclosures: 

When you order your fiee report, you will begin your free 

trial membershp in [name of credit monitoring program]. 

If you don't cancel withn the 30 day [or other period] 

trial period, you will be billed $12 [or other amount] for 

each month [or other billing period] that you continue 

your membershp . 

Th~s offer is not related to the free credit report that you may be 

entitled to under Federal law. To obtain that fiee report, you must go 

to www.annualcreditreport.com. 

'rovided that, in any radio or television advertisement longer than five (5) minutes 

n duration, the disclosures required by ths Subparagraph I.C.2. shall be made, at 

Defendant's option, either immediately before each presentation of ordering 

nstructions, or at least once every five (5) minutes. 

3. In any other advertisement, and on any website or in any other 

nedium, including but not limited to telephone, email, or direct mail, in which a 

:onsumer is able to enroll in the credit monitoring program, Defendant shall 

nclude the following disclosures: 

a. on the landing page of the website or at the f~st point of 

communication: 

Page 8 of 41 
When you order yow fiee report here, you 

will begin your fiee trial membership in 

[name of credit monitoring program]. If you 

don't cancel your membershp within the 30 

day [or other period] trial period, you will be 

billed $12 [or other amount] for each month 

[or other billing period] that you continue 

your membership. Under a new Federal law, 

you may have the right to receive a fiee copy 

of your credit report once every 12 months 

fiom each of the three nationwide consumer 

reporting companies. To request your free 

annual report under that law, you must go to 

www.ann~zalcreditreport.com. [Name of 

offering company] is not affiliated with the 

annual fiee credit report program. 

The reference to www.ann~1alcreditreport.coxn shall be formatted to appear ir 

L blue color and underscored and shall be an active hyperllnk such that a consumer 

;licking on that hyperllnk will be directed to that website. After September 1, 

!005, the word "may" shall be deleted fiom the thud sentence of the disclosure 

mequired by tlvs Subparagraph I.C.3 .a. 

The disclosure required by this Subparagraph I.C.3.a. shall be made in a 

~rominent location and in close proximity to the free credit report representation 

md distinct fiom other text, such as inside a border; and 

b. clearly and conspicuously, and not pursuant to a link, at a 

Page 9 of 41 
location between the landing page and the location where a 

consumer submits an order: 

"Tlxis offer is not related to the free credit report that you may 

be entitled to under Federal law. To obtain that fiee report, you 

must go to www.annualcreditreport.com. " 

After September 1,2005, the word "are" shall be substituted for the words 

'may be" in the first sentence of the disclosure required by ths Subparagraph 

r.C.3.b.; and 

c. at the location or time that immediately precedes the poin 

at whch the consumer completes the transaction, under the 

heading "PAYMENT INFORMATION" in capital letters and 

bold print, the following disclosure, or words of similar import: 

"When you order your fiee report here, you will 

begin your free trial membership in [name of credit 

monitoring program]. If you don't czncel your 

membershp with the 3 0 day [or other period] 

trial period, you will be billed $12 [or other 

amount] for each month [or other billing period] 

that you continue your membership." 

All written or printed &sclosures required by ths Subparagraph LC.3. shall 

)e in a type size that is no smaller than the type size of the principal text on the 

)age, but in no event smaller than 12-point type. 

Page 10 of 41 
4. On a website or in any other medium in which a consumer is 

tble to enroll in the credit monitoring program, Defendant shall disclose: 

a. all material terrns and conditions of any cancellation or 

refund policy, or if Defendant has a policy of not accepting 

cancellations or making refunds, a statement that this is 

Defendant's policy. The disclosure required by this 

Subparagraph I.C.4.a. shall be made in the "PAYMENT 

INFORMATION" section referred to in Subparagraph I.C.3 .c.; 

and 

b. any other material terms or conditions of the offer. The 

disclosure required by this Subparagraph I.C.4.b. shall be made 

in conformance with Subparagraphs I.D. and I.F. 

D. Representing, or assisting others in representing, expressly or by 

mplication, that any such product, program, or service is "free" or is available 

vithout cost or obligation, unless Defendant discloses, clearly and conspicuously, 

md in close proximity to the representation, all fees, costs, obligations or other 

nateriai terrns or conditions associated wifh the offer, includhg the material terrns 

)f any negative option offer. Provided that, for the purposes of any offer covered 

~y Subparagraph LC., compliance with that Subparagraph shall be deemed to be 

:ompliance with ths Subparagraph I.D. 

E. In conjunction with a promotion through a marketing partner in which 

.he consumer receives a fiee credit report and a credit monitoring program on a 

rial conversion basis, failing to make the following disclosures: 

1. the disclosure required under Subparagraph I.C.3 .c., 

)r words of similar import, whch shall be made, clearly and conspicuously, (a) in 

.he "Payment I~omationYy section on the ordering page referred to in 

Page 11 of 41 
Subparagraph I.C.3.c., and (b) either in the promotional offer made by the 

marketing partner or at the first point of contact between Defendant and the 

consumer; and 

2. the disclosure required under Subparagraph I.C.3 .b., 

or words of similar import, whch shall be made, clearly and conspicuously, either 

in the promotional offer made by the marketing partner or at the fnst point of 

contact between Defendant and the consumer. After September 1,2005, the word 

"are" shall be substituted for the words "may be" in the first sentence of ths 

disclosure. 

F. Failing to disclose, clearly and conspicuously, before consumers are 

asked to pay money, reveal billing information, or submit consideration, or before 

my charge is incurred, all material term and conditions of a negative option offer, 

whch include but are not limited to the following: 

1. the fact that the customer's account will be charged, billed, or 

messed a fee unless the customer takes affirmative action to avoid the charge, bill, 

3r fee assessment; 

2. when fhe charge, biii, or fee assessment wiii be submitted for 

3ayment; 

3. the specific steps the customer must take to avoid the charge, 

ill, or fee assessment; 

4. all material terms and conditions of a guarantee, refund, or 

-eturn policy, or if Defendant has a policy of not making refunds or accepting 

-eturns, a statement that ths is Defendant's policy; 

5. the fact that periodic shipments of products or the periodic 

~rovision or the continuation of services will occur without further action by 

mnsumers; 

Page 12 of 41 
6. if products are provided in shipments or services provided on a 

periodic basis, a description of each good or type of good to be included in each 

shpment or a description of the services that will be performed or continued; 

7. if products are skpped or services provided on a periodic basis, 

the approximate interval between each shipment or service period or the number of 

shpments or service periods per year; 

8. the cost or range of costs for each shpment or service period, 

including shpping and handling costs; and 

9. the minimum number of purchases or minimum service period 

required by Defendant, if any. 

Provided that, for the purposes of any offer covered by Subparagraph I.C., 

compliance with that Subparagraph shall be deemed to be compliance with tlvs 

Subparagraph I.F. 

G. Causing billing information to be submitted for payment, directly or 

indirectly, for any such product, program, or service advertised, promoted, offered 

for sale, or sold as part of an offer or agreement involving a negative option offer, 

without obtaining the express informed consent of consumers to be charged for an) 

such product, program, or service using an acco~mt identified with sufficient 

specificity for consumers to understand what account will be charged, billed, or 

2ssessed a fee. To evidence consumers' express informed consent, Defendant must 

iisclose, clearly and conspicuously, before consumers pay money, reveal billing 

mforrnation, or submit consideration, all material terms and conditions of the offer 

2r agreement (including but not limited to those stated in Subparagraph I.F.), and 

3btain consumers' express agreement to be charged. 

H. Failing to honor a request that Defendant receives to cancel any sale oi 

ransaction involving a negative option offer, or to provide a refund in accordance 

Page 13 of 41 
with Defendant's disclosed policies. 

11. CONSUMER REDRESS 

IT IS FURTWER ORDERED that: 

A. Defendant shall pay an amount sufficient to provide a full and 

;omplete refund to any consumer who meets the following qualifications: 

1. The consumer was enrolled in the Free Credit ReportICredit 

:heck Monitoring ("CCM") during the period November 1,2000, through 

September 15,2003 and was assessed a charge; and either: 

a. with the fust three years of the consumer's membershp 

in CCM cancelled such membershp and received a pro-rata 

refund; or 

b. prior to entry of this Order, contacted, directly or 

indirectly, Defendant, the Commission, the Better Business 

Bureau of the Southland (Colton, California), any credit or deb? 

card issuer, or any other third party to request a refund or 

chargeback of the charge, or to register a complaint about the 

charge, for the CCM offer. 

2. To identify all consumers who meet the qualifications of this 

Subparagraph D.A. for receiving a refund, Defendant shall review the following 

nternal customer records as of June 20,2005: (a) records of pro-rated refunds paid 

o consumers who cancelled their rnembershp with the first three (3) years of 

nembershp; and (b) records that identify consumers in one or more of the 

ollowing customer service categories: (i) "billing - questioning charge," (ii) 

billing - general question," (iii) ccpossible credit card fraud," or (iv) "possible 

dentity theft." Defendant also shall review any irdiormation it has received from 

Page 14 of 41 
the Commission, the Better Business Bureau of the Southland (Colton, California) 

any credit or debit card issuer, or any other third party. In addition, Defendant sha 

provide a full and complete refund to any consumer if such consumer, within two 

hundred and fifty-five (255) days after entry of this Order, produces documentatio 

sufficient to show that he or she meets the qualifications of this Subparagraph 1I.A 

Defendant shall make such refund with thrty (30) days after receiving the 

consumer's documentation. 

B . Defendant shall malce refund payments to consumers who meet the 

qualifications set forth in Subparagraph 1I.A. in the following manner: 

1. Withn sixty (60) days after entry of ths Order, Defendant shal 

attempt to obtain a credit for each such consumer on the consumer's credit or debil 

card account that was used to enroll in the CCM promotion. Defendant shall send 

a notice in the form set forth in Attachment A to each consumer for whom it has 

obtained such a credit. Defendant shall send such notice by email to the 

consumer's last known email address, or by f~st class mail to the consumer's last 

known address. No other information shall be included or added to the notice. 

2. In the event that Defendant, despite reasonable efforts, is unabl 

to procure a credit on a consumer's credit or debit card account that was used to 

enroll in the CCM promotion fiom the card issuer, Defendant shall deliver by 

email, with thirty (30) days after the attempt to credit the consumer's account, or 

ninety (90) days after entry of ths Order, whchever is later, a Notice of Refund ir 

the form set forth in Attachment B to the last known email address of the 

consumer. No other information shall be included or added to the notice. The 

subject line of the ernail shall state: "important: Notice of Rehd for Credit 

Monitoring." Defendant shall procure and utilize software technology sufficient tl 

establish whether the consumer has opened the email notice. 

Page 15 of 41 
3. In the event that Defendant, despite reasonable efforts: (a) is 

unable to provide a refund to a consumer as set forth in Subparagraph 1I.B. 1 ., and 

[b) is unable to provide an email notice or to demonstrate that the conswner openec 

the email notice with thirty (30) days of sending the email notice to the 

Zonsumer, as set forth in Subparagraph II.B.2., Defendant shall mail a Notice of 

Refund in the form set forth in Attachment C via first-class mail, postage prepaid, 

LO the last known address of the consumer. Defendant shall mail such notice withi1 

tlxrty (30) days of the last date on whch a consumer may have opened the email 

message as provided above, or one hundred and sixty five (165) days, after the 

mtry of ths order, whichever is later. The envelope enclosing the Notice of 

Refund shall be in the form set forth in Attachment D. No other information shall 

3e included or added to the mailing. Defendant shall also retain a National Change 

3f Address System ("NCOA") licensee to update consumers' last known addresses 

3y processing them through the NCOA database. For each mailing returned by the 

U.S. Postal Service as undeliverable for whch Defendant obtains a corrected 

~ddress, Defendant shall, within fifteen (1 5) business days after receiving the 

2orrected address, send the Notice of Refund to the corrected address. 

4. Defendant shall provide a rehd to each consumer who, withm 

NO hundred and fifty five (255) days after entry of this Order, or withm tlxrty (30) 

jays of receiving a notice, whchever is sooner, requests a refund in response to a 

lotice provided by the means set forth in Subparagraphs II.B.2. or II.B.3., and who 

xoduces documentation sufficient to show that he or she meets the qualifications 

~f Subparagraph II.A. With fifteen (1 5) days after receiving a request for refund 

within the time period provided in the notice, Defendant shall provide refunds by 

nailing a check via first class mail, postage prepaid, or by crediting the consumer's 

:redit or debit card account, at the consumer's option. Defendant shall enclose 

Page 16 of 41 
each refund check in an envelope that displays on its front, clearly and 

conspicuously, the words "REFUND CHECK ENCLOSED." No other informati01 

shall be included or added to the mailing, except that Defendant may provide 

explanatory information relating to the refund. 

C. Defendant shall offer the right to cancel membershp and receive a 

pro-rated refund of the current membershp period fee to each consumer who was 

enrolled in the CCM promotion between November 1,2000 and September 15, 

2003, and is still enrolled as of the date of entry of this Order. Defendant shall 

provide ths right in the following manner: 

1. Within thuty (30) days after entry of this Order, Defendant shal 

deliver a Notice of Right to Cancel in the fonn set forth in Attachment E by email 

to the last known email address of the consumer. No other information shall be 

included or added to the notice. The subject line of the email shall state: 

"Important: Notice of Right to Cancel Credit Monitoring." Defendant shall procurc 

md utilize software technology sufficient to establish whether the consumer has 

opened the email notice with thrty days. 

2. In the event that Defendant, despite reasonable efforts, is unablc 

to provide an email notice or to demonstrate thst the consuer opened the email 

notice within thu-ty (30) days of sending the email notice to the consumer, as set 

Forth in Subparagraph 11. C. I., Defendant shall mail a Notice of Right to Cancel in 

:he form set forth in Attachment F via fust-class mail, postage prepaid, to the last 

known address of the consumer. Defendant shall mail such notice within fifteen 

:15) days of the last date on which a consumer may have opened the email message 

3s provided above, or one hundred and thtrty-five (135) days after the entry of this 

~der, whchever is later. The envelope enclosing the Notice of Right to Cancel 

;hall be in the form set forth in Attachment G. No other information shall be 

Page 17 of 41 
included or added to the mailing. Defendant shall also retain a National Change of 

Address System ("NCOA") licensee to update consumers' last known addresses by 

processing them through the NCOA database. For each mailing returned by the 

U.S. Postal Service as undeliverable for whch Defendant obtain a corrected 

zddress, Defendant shall, withn fifteen (1 5) business days after receiving the 

;orrected address, send the Notice of Right to Cancel to the corrected address. 

3. Defendant shall cancel the CCM membership, provide a 

31-0-rated refund (calculated on a daily basis) for the cancelled portion of the 

nembershp, and refrain from charging any account, billing, or otherwise 

zollecting or attempting to collect any payment, for each consumer who, with 

me hundred twenty (120) days after entry of this Order, or within thu-ty (30) days 

~fter receiving the Notice of Right to Cancel, whchever is later, requests 

errnination of his or her membershp, in any manner, in response to a Notice of 

iight to Cancel, or who otherwise demonstrates that he or she is eligible to cancel 

lis or her membershp. With fifteen (1 5) days after receiving a request for 

-efund, Defendant shall provide the refund by mailing a check via first class mail, 

lostage prepaid, or by crediting the consumer's credit or debit card account, at the 

;onsumer's option. Defendant shall enclose each refund check in an envelope that 

lisplays on its front, clearly and conspicuously, the words "REFm CHECK 

ZNCLOSED." No other mformation shall be included or added to the mailing, 

:xcept that Defendant may provide explanatory mfomation relating to the refund. 

D. For a period of two hundred and fifty five (25 5) days from the date of 

:ntry of ths Order, Defendant shall provide and adequately staff during ordinary 

msiness hours, a toll-free teiephone number to answer questions, provide 

nformation, and accept requests for termination of membershp andlor refunds 

~ursuanto ths Order. Defendant shall also provide an email address at v~hch 

Page 18 of 41 
2onsumers can ask questions, request information and request termination of 

membership and/or refunds pursuant to th~s Order. Defendant shall send an 

mtomated reply message to each consumer who sends an email to that email 

3ddress acknowledging receipt of the email and stating that Defendant will responc 

LO each question and request received at such email address within two (2) busines: 

jays of receipt. Defendant shall respond to each question and request received at 

such email address with two (2) business days of receipt. 

E. The accounts upon whch any refund checks are drawn shall remain 

3pen for at least ninety (90) days after Defendant sends such refund checks. 

F. Within ten (10) business days after entry of this Order, Defendant sha: 

?ay nine hundred and fifty thousand dollars ($950,000) to the Commission. In 

2ddition, in the event that any refund checks issued pursuant to this Subparagraph 

[I. remain uncashed ninety (90) days after Defendant sends such refund checks, or 

wo hundred ten (210) days after entry of this Order, whichever is later, Defendant 

shall pay to the Commission the amount of those uncashed checks. The 

2ommission may apply the funds paid pursuant to this Subparagraph 1I.F. for such 

~ther equitable relief (including additional consumer restitution and consumer 

nfonnation remedies) as it determines to be reasonably related to Defendant's 

x-actices as alleged in the Complaint. Any funds not used for such equitable relief 

will be deposited with the United States Treasury as disgorgement. Defendant 

;hall have no right to challenge the Commission's choice of remedies under ths 

Subparagraph 1I.F. No portion of any payments under this Order shall be deemed : 

~ayrnent of any fine, penalty, or punitive assessment. 

G. With two hundred and seventy (270) days after entry of this Order, 

Iefendant shall fimush to the Commission the following: 

1. thetotalnumberof: 

Page 19 of 41 
consumers whose credit or debit card account was 

credited pursuant to Subparagraph 1I.B. 1 ., and the date 

issued and amount of each credit; 

consumers who were sent a Notice of Refund by email 

pursuant to Subparagraph II.B.2.; 

consumers who failed to open the emailed Notice of 

Rehd; 

consumers who were sent a Notice of Refund by 

first-class mail pursuant to Subparagraph II.B.3.; 

consumers who were sent a refund check pursuant to 

Subparagraph II.B.4., and the amount, check number, anc 

mailing date of each check; 

consumers who cashed, deposited, or otherwise redeemec 

their refund checks; 

consumers who were sent a Notice of Right to Cancel by 

email pursuant to Subparagraph II.C. 1 .; 

consumers who failed to open the emailed Notice of 

Right to Cancel; 

consumers who were sent a Notice of Right to Cancel by 

first-class mail pursuant to Subparagraph II.C.2.; 

consumers who requested termination of their 

membership in the CCM; 

consumers whose credit or debit card account was 

credited with a pro-rated refund pursuant to Subparagrap1 

II.C., and the date issued and amount of each credit; 

consumers who were sent a pro-rated refund check 

Page 20 of 41 
pursuant to Subparagraph II.C., and the amount, check 

nurnber, and mailing date of each check; 

m. consumers who cashed, deposited, or otherwise redeemed 

their pro-rated refund checks; and 

n. "undeliverable" notices mailed to consumers pursuant to 

ths order and returned to Defendant. 

2. Defendant shall provide on request from the Commission, withn ten 

11 (10) business days, in computer readable form and in computer print-out forrn: 

the identity of any consumer that is included in Subparagraph 

1I.G. 1; 

all other documents and records evidencing efforts made and 

actions taken by Defendant to identify, locate, contact, and 

provide refunds to persons eligible to receive refunds pursuant 

to Subparagraph 1I.A. and 1I.B; and 

all other documents and records evidencing efforts made and 

actions taken by Defendant to identify, locate, contact, and 

provide refunds to persons eligible to cancel their membership 

pursuant to Subparagraph D.C; 

I H. Defendant may destroy all records relating to the distribution of tlns 

consumer redress six (6) years after the last of the funds are credited, delivered to I 

the Commission, or delivered to the FTC Treasury account, provided that, no 

records shall be destroyed unless and until a representative of the Commission has 

received and approved the final accounting report pertaining to Defendant's 

payment. Records shall be destroyed in accordance with disposal methods and 

procedures to be specified by the Commission. The Commission may, in its sole 

discretion, require that such records, in whole or in part, be transferred, in lieu of 

Page 21 of 41 
destruction, to the Commission. 

m[. RELIANCE ON DISCLOSURES 

IT IS FURTHER ORDERED that: 

A. The Commission's agreement to this Order is expressly premised upon 

the truthfulness, accuracy, and completeness of the consumer complaint, refund, 

purchase data, and other information provided by Defendant and dated June 24, 

2005. Such data constitute material information relied upon by the Commission in 

negotiating and agreeing to the terms of this Order. 

B. If, upon motion by the Commission, ths Court finds that Defendant 

made any material misrepresentation in or omitted material information fkom the 

data provided, ths matter shall be reopened to allow Plaintiff to show that 

additional relief, including but not limited to additional equitable monetary relief, 

Zonsumer restitution, or disgorgement of ill-gotten gains should be entered against 

Defendant. Plaintiff shall have the right to engage in reasonable discovery for ths 

purpose. Upon a sufficient showing by .Plaintiff, the Court shall enter a revised 

3rder against Defendant, which will become immediately due and payable, in 

zddition to such other ancillary relief the Cowt deems proper. 

C. h the event ths matter is reopened pursuant to ths Paragraph ID, 

Defendant shall have no right to seek modification or abrogation of ths Order, and 

311 other Paragraphs of this agreement and Order shall remain in full force and 

2ffect unless otherwise ordered by this Cowt. 

D. Any proceedings instituted under ths Paragraph III are in addition to, 

md not in lieu of, any other civil or criminal remedies as may be provided by law, 

ncluding any other proceedings that the FTC may initiate to enforce this Order. 

E. For purposes of tks Paragraph IT[ and any subsequent proceedings to 

Page 22 of 41 
enforce payment, including but not limited to a non-dischargeability complaint 

filed in a bankruptcy proceeding, Defendant waives any right to contest any of the 

allegations in the Commission's Complaint. 

N. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring anc 

investigating compliance with any provision of this Order, 

A. With fifteen (15) days of receipt of written notice fiom a 

representative of the Commission, Defendant shall submit additional written 

reports, sworn to under penalty of perjury; produce documents for inspection and 

2opying; appear for deposition; andlor provide entry during normal business hours 

to any business location in Defendant's possession or direct or indirect control, to 

inspect the business operation. 

B. In addition, the Commission is authorized to monitor compliance with 

:hs Order by all other lawful means, including but not limited to the following: 

1. obtaining discovery fiom any person, without further leave of 

Zom, using the procedures prescribed by Fed. R. Civ. P. 30,3 1,33,34,36, and 

45. 

2. posing as consumers and suppliers to Defendant, Defendant's 

xnployees, or any other entity managed or controlled in whole or in part by 

Defendant, without the necessity of identification or prior notice. 

C . Defendant shall permit representatives of the Commission to interviem 

my employer, consultant, independent contractor, representative, agent, or 

xnployee who has agreed to such an interview, relating in any way to any conduct 

subject to this Order. The person interviewed may have counsel present. 

Provided that nothing in ths Order shall limit the Commission's lav~ful use 

Page 23 of 41 
3f compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. $5 

49,57b- 1, to obtain any documentary material, tangible things, testimony, or 

information relevant to unfair or deceptive acts or practices in or affecting 

zommerce (with the meaning of 15 U.S.C. 5 45(a)(l)). 

V. COMPLIANCE REPORTING BY DEFENDANT 

IT IS FURTHER ORDERED that, in order that compliance with the 

xovisions of this Order may be monitored: 

A. For a period of three (3) years from the date of entry of ths Order, 

Defendant shall notify the Commission of any changes in corporate structure that 

nay affect compliance obligations arising under ths Order, including but not 

,imited to a dissolution, assignment, sale, merger, or other action that would result 

m the emergence of a successor entity; the creation or dissolution of a subsidmy, 

xirent, or affiliate that engages in any acts or practices that are subject to ths 

3rder; the filing of a bankruptcy petition; or a change in the corporate name or 

~ddress, at least thnty (30) days prior to such change, provided that, with respect to 

my proposed change in the corporation about whch Defendant learns less than 

:hrty (30) days prior to the date such action is to take place, Defendant shall notify 

;he Commission as soon as is practicable after obtaining such knowledge. 

B. Three hundred (300) days after the date of entry of ths Order, 

Defendant shall provide a written report to the FTC, sworn to under penalty of 

~erjury, setting forth in detail the manner and form in which it has complied and is 

:omplying with ths Order. Trvs report shall include, but not be limited to: 

1. any changes required to be reported pursuant to Subparagraph 

V. A. 

2. a copy of each acknowledgment of receipt of ths Order 

Page 24 of 41 
~btained pursuant to Paragraph VII. 

3. the total amount of consumer restitution paid to Consumerinfo 

2ustomers under Paragraph 11. 

C. For the purposes of ths Order, Defendant shall, unless otherwise 

iirected by the Commission's authorized representatives, mail all written 

notifications to the Commission to: 

Western Re ion, Federal Trade Commission 

10877 Wils 8, e Boulevard, Suite 700 

Los An eles, California 90024 

RE: F?C v. Consumerinfo.com, Inc. 

D. For purposes of the compliance reporting and monitoring required by 

;his Order, the Commission is authorized to communicate directly with Defendant. 

VI. RECORD KEEPING 

IT IS FURTHER ORDERED that, for a period of six (6) years from the 

late of entry of this Order, in connection with any business where Defendant is the 

naj ority owner of the business or directly or indirectly manages or controls the 

msiness, Defendant and its agents, employees, officers, corporations, successors, 

md assigns, and those persons in_ active concert or participation with them who 

meceive actual notice of this Order by personal service or otherwise, are hereby 

sestrained and enjoined from failing to create and retain the following records: 

A. Accounting records that reflect the cost of goods or services sold, 

-evenues generated, and the disbursement of such revenues. 

B. Personnel records accurately reflecting: the name, address, and 

elephone number of each person employed in any capacity by such business; that 

~erson's job title or position; the date upon which the person commenced work; anc 

he date and reason for the person's ternination, if applicable. 

Page 25 of 41 
C. Customer files containing the names, addresses, phone numbers, dolla: 

amounts paid, quantity of items or senices purchased, and description of items or 

services purchased, to the extent such information is obtained in the ordinary 

course of business. 

D. Complaints and refund requests (whether received drectly, indirectly 

or through any thud party) and any responses to those complaints or requests. 

E. Copies of all sales scripts, training materials, advertisements, or other 

marketing materials. 

F. All records and docurnents necessary to demonstrate full compliance 

with each provision of ths Order, including but not limited to, copies of 

acknowledgments of receipt of this Order, required by Paragraphs VII and VIII, 

and all reports submitted to the FTC pwsuant to Paragraphs I1 and V. 

VII. DISTRIBUTION OF ORDER BY DEFENDANT 

IT IS FURTaER ORDERED that, for a period of three (3) years from the 

date of entry of this Order, Defendant shall deliver copies of this Order as directed 

below: 

A. Defendant shall deliver a copy sf this Order to all of its principals, 

officers, and directors, and to all managers who have responsibility directly or 

indirectly for any matters covered by ths Order. Defendant also shall deliver an 

accurate summary of this Order to all of its employees who are engaged in conduct 

related to the advertising, marketing, sale, or delivery of, or who respond to 

consumer complaints or inquiries regarding consumer reports, credit scores, or any 

credit monitoring program. For current personnel, delivery shall be within five (5) 

days of service of ths Order upon Defendant. For new personnel, delivery shall 

occur prior to them assuming their responsibilities. 

Page 26 of 41 
B. Defendant must secure a signed and dated statement acknowledging 

receipt of ths Order, witlun thnty (30) days of delivery, from all persons receiving 

a copy of the Order pursuant to tlus Paragraph VII. 

VIII. ACKNOWLEDGMENT OF RECEIPT OF ORDER 

BY DEFENDANT 

IT IS FURTKER ORDERED that Defendant, witlun five (5) business days 

of receipt of ths Order as entered by the Court, must submit to the Commission a 

truthful sworn statement acknowledging receipt of this Order, in the form shown or 

Attachment H. 

ICX. RETENTION OF JURISDICTION 

IT IS FURTEIER ORDERED that this Court shall retain jurisdiction of this 

matter for purposes of construction, modification, and enforcement of this Order. 

X. COSTS AND ATTORNEYS' FEES 

IT IS FUXTHER ORDERED bat each party shall bear its own costs and 

attorneys fees incurred in connection with tlus action. 

XI. NOTICE OF ENTRY OF ORDER 

IT IS FURTEPER ORDERED that entry in the docket of ths Order by the 

Clerk of Court shall constitute notice to Defendant of the terms and conditions of 

tlus Order, and that Defendant waives all rights to contest in any future proceeding 

whether Defendant was properly served with this Order. 

The parties hereby stipulate to the entry of the foregoing Order, which shall 

constitute a fmal Order in ths action. 

Page 27 of 41 
IT IS SO ORDERED: 

Dated this day of ,2005. 

United States District Judge 

STIPULATED BY: 

Thomas J. Syta, Esq. Consmerinfo.com dba Experian 

Raymond E. McKown, Esq. Consumer Direct, Qspace, Inc., and 

Jennifer M. Brennan, Esq. Iplace, Inc. 

Attorneys for Plaintiff by: Edward S. Oj dana 

Federal Trade Commission Chief Executive Officer 

'6y: Richard gabowski, Esq. 

P,ttfimey for the Defe~dmt 

Jones Day 

3 Park Plaza, Suite 1 100 

Irvine, California 926 14-8505 

by: Anne P. Fortney, Esq. 

Attorney for the Defendant 

Hudson Cook, LLF 

1900 M Street, N.W., Suite 700 

Washington, D.C. 20036 

Page 28 of 41 
ATTACHMENT A 

NOTICE OF CREDITING OF ACCOUNT 

Consumerinfo.com or Freecreditreport.com sometime between November 1,2000 

and September 15,2003. 

5 

6 

Our free credit report promotion came with a 30-day trial membership in our 

[name of credit monitoring program] credit monitoring program. After 30 days, 

unless you cancelled, we automatically enrolled you in the credit monitoring 

program at an annual fee of $79.95. The Federal Trade Commission (FTC) has 

alleged that we did not make clear to consumers that they needed to cancel the trial 

Our records show that you received a free credit report fiom 

membership to avoid being charged. 

According to our records, you either cancelled your credit monitoring 

program membershp or questioned the billing for the credit monitoring program, 

but didn't receive a hll refund. Although we disagree with the FTC's charges, we 

also want satisfied customers. Therefore, we have reached an agreement with the 

FTC to pay full refunds to customers like you. We have credited your [credit] 

[debit] card account in the amount of the annual fee for the applicable year, less 

any amount you may have already received. Your credit should appear on your car 

statement shortly. 

If you have any questions, please send an e-mail to 

. We will 

Sincerely, 

respond within two business days. r 

Consumerulfo . com, Inc. 

Page 29 of 41 
ATTACHR/IENT B 

NOTICE OF WEFUND 

I( Our records show that you received a fiee credit report fiom 11 consurnerinfo.com or Freecreditreport.com sometime between November 1,2000 1 

11 and September 15,2003. I 

9 

Our fiee credit report promotion came with a 30-day trial membership in our [name 

of credit monitoring program] credit monitoring program. After 3 0 days, unless 

10 

11 

you cancelled, we automatically enrolled you in the credit monitoring program at 

an annual fee of $79.95. The Federal Trade Commission (FTC) has alleged that we 

12 

13 

14 

l7 11 also want satisfied customers. Therefore, we have reached an agreement with the / 

did not make clear to consumers that they needed to cancel the trial membershp to 

avoid being charged. 

According to our records, you either cancelled your credit monitoring 

15 

16 

program membershp or questioned the billing for the credit monitoring program, 

but didn't receive a full refund. Although we disagree with the FTC's charges, we 

18 

19 

~ telephone number, or write to the address listed below. We will mail a 

checlc to the address you give us; or 

FTC to pay full refunds to customers like you. 

To receive your refund, please do one of the following: 

20 

2 1 

@ Call us toll-fiee at [number] Monday through Friday between 9:00 

a.m. and 5:00 p.m. (Pacific time). 

* Reply to ths email with your full name, address, and daytime 

11 Once we receive your information, we will provide your refund within a few 

27 I 

Ilweelcs. The refund will be in the amount of the annual fee for the applicable year, I 

Page 30 of 41 
Sincerely, 

1 

2 

3 

4 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

2 1 

22 

23 

24 

25 

26 

27 

Consumerinfo. corn, Inc . 

[address] 

less any refund you may have already received. You must send us your request 

within days to be eligible for a refund. 

If you have any questions, please send an e-mail to 

. We will respond with two business 

days. 

Page 31 of 41 
ATTACHMENT C 

NOTICE OF WIEFW 

]ear [NAME]: 

Our records show that you received a free credit report from 

~onsumerinfo.com or Freecreditreport.com sometime between November 1,2000 

md September 15,2003. 

Our free credit report promotion came with a 30-day trial membership in our 

name of credit monitoring program] credit monitoring program. After 30 days, 

mless you cancelled, we automatically enrolled you in the credit monitoring 

rogram at an annual fee of $79.95. The Federal Trade Cornmission (FTC) has 

~lleged that we did not make clear to consumers that they needed to cancel the trial 

nembership to avoid being charged. 

According to our records, you either cancelled your credit monitoring 

Irogram membershp or questioned the billing for the credit monitoring program, 

jut didn't receive a full refund. Although we disagree with the FTC's charges, we 

dso want satisfied customers. Therefore, we have reached an agreement with the 

7TC to pay full refunds to customers like you. To receive your refund, please fill 

but the enclosed application form and return it to us at the address listed on the 

orm, or call us toll-free at [number] Monday through Friday between 9:00 a.m. an( 

;:00 p.m. (Pacific Time). Once we receive your information, we will provide your 

efund within a few weeks. The refund will be in the amount of the annual fee for 

he applicable year, less any refund you may have already received. You must senc 

1s your request within days to be eligible for a refund. 

If you have any questions, please send an e-mail to 

. We will respond within two business days 

Page 32 of 41 
Sincerely, 

Consumerinfo .corn, Inc. 

APPLICATION FORM 

To request your refund, fill out the infomation below and return it to the address 

In ths form. Note: this form must be returned by [date] 

4ddress: 

Zity, State and Zip Code: 

Daytlme phone number: 0 

Cl onsuerinfo. corn, Inc . 

peturn address] 

Page 33 of 41 
ATTACHMENT D 

1 

2 

3 

6 

7 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

Page 34 of 41 

Consumerinfo. corn 

[address] 

FORWARDING AND RETURN POSTAGE GUARANTEED 

[Address or address window] 

ATTENTION: REFUND INFORMATION ENCLOSED FOR 

CREDIT Pi4OPWl'ORP-JG CUSTOPVEEW 
ATTACKMENT E 

NOTICE OF JUGHI' TO CANCEL 

>ear WE]: 

Our records show that you received a free credit report from 

lonsumerinfo. com or Freecreditreport. com and are a current customer of our 

name of credit monitoring program] credit monitoring program. 

Our free credit report promotion came with a 30-day trial membership in our 

name of credit monitoring program] credit monitoring program. After 3 0 days, 

lnless you cancelled, we automatically enrolled you in the credit monitoring 

)rogram at an annual fee of $79.95. The Federal Trade Commission (FTC) has 

llleged that we &d not make clear to consumers that they needed to cancel the trial 

nembership to avoid being charged. 

Although we disagree with the FTC's charges, we also want satisfied 

ustomers. Therefore, we have reached an agreement with the FTC to allow 

:ustomers like you to cancel their credit monitoring program and receive a refund 

br the -iimed piirtien ~f the members'IIip. 

If you would llke to continue your membershp, you don't need to respond. 

Ve will continue to charge your account the annual fee of $79.95. If you would 

ike to cancel your membership and receive a refund, please do one of the 

ollowing : 

Reply to ths email with your full name, address, and damme 

telephone number, or write to the address listed below. We will cance: 

your membershp and mail a rebd check to the address you give us. 

• Call us toll-fiee at [number] Monday through Friday between 9: 00 

a.m. and 5:00 p.m. (Pacific time). 

Page 35 of 41 
Once we receive your information, we will provide your refund witlvn a few 

~eeks. The refund will be in the am-ount of the unused portion of your current 

nemberslvp terrn. You must send us your request within days to be 

:Iligiblle for a refund. 

If you have any questions, please send an e-mail to 

. We will respond within two business 

iays . 

Sincerely, 

Consumerinfo. com, Inc. 

[address] 

Page 36 of 41 
ATTACHMENT F 

NOTICE OF -RIGHT TO CANCEL 

Dear WAME]: 

Ow records show that you received a fiee credit report fiom 11 ~onsumerinfo.com or Freecreditreport.com and are a current customer of our I 11 [name of credit monitoring program] credit monitoring program. I 

Our fiee credit report promotion came with a 30-day trial membershp in our 

11 [name of credit monitoring program] credit monitoring program. After 3 0 days, 

unless you cancelled, we automatically enrolled you in the credit monitoring 

program at an annual fee of $79.95. The Federal Trade Commission (FTC) has 

Ilalleged that we did not make clear to consumers that they needed to cancel the trial 

14 llmembershp to avoid being charged. 

l6 11 Although we disagree with the FTC's charges, we also want satisfied 

l7 ii mmn customers. Therefore, we have reached agreement with the r I L to allow i 

l8 11 customers like you to cancel their credit monitoring program and receive a refund 

l9 11 for the unused portion of the membershp. I 

If you would llke to continue your membershp, you don't need to respond. 

We will continue to charge your account the annual fee of $79.95. If you would 

like to cancel your membershp and receive a refund, please fill out the enclosed 

application form and return it to us at the address listed on the form, or call us tollfree at [number] Monday through Friday between 9:00 a.m. and 5:00 p.m. (Pacific 

Time). Once we receive your information, we will provide your rehnd within a fe 

weeks. The refund will be in the amount of the unused portion of your current 

II Page 37 of 41 
memberslvp term. You must send us your request within days to be 

eligible for a refund. 

If you have any questions, please send an e-mail to 

. We will respond withn two business 

jays. 

Sincerely, 

Consumerinfo. corn, Inc. 

APPLICATION FORM 

To cancel your credit monitoring program memberslvp and receive a partial 

=efimd, fill out the infomation below and return it to the address on ths form. 

Vote: this form must be returned by [date] 

dame : 

Iddress: 

3ity, State and Zip Code: 

laytime phone number: 1 

2onsurnerinfo. com, Inc. 

Return address] 

Page 38 of 41 
ATTACHMENT G 

2onsumerinfo. corn 

laddress] 

?ORWARDING AND RETURN POSTAGE GUARANTEED 

[Address or address window] 

iTTENTION: IMPORTANT NOTICE ABOUT YOUR [name of 

mnn :redit moiiitoririg program] CRZDIT P-OP-JI I umT4G 

Page 39 of 41 
I 

ATTACHMENT H 

UNITED STATES DISTRICT COURT 

CENTRAL DISTRICT OF CALIFORNIA 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

CONSUMERINFO.COM., INC., a 

corporation, 

Idoing business as 

QSPACE, INC., and IPLACE INC., 

II Defendant. 

AFFIDAVIT OF 

DEFENDANT 

CONSUMER.rNFO.COM 

doin business as EXPBRIAN CONSUMER DIRECT, 

QSPACE, INC., and IPLACE, INC. 

l5 11 Dame of defendant's certifymg official], being duly sworn, hereby states and aflirms as I 

1. My name is . My current residence adciress is 

. I am a citizen of the United States I 

l9 11 and am over the age of eighteen. I have personal knowledge of the facts set forth in this Af35davit. 

2o 11 2. I am an officer of defendant Consumerinfo.com in FTC v. Consumerinfo.com I 

21 (United States District Court for the Central District of California). II I 

22 11 3. On , I received a copy of the Stipulated Final Judgment 

23 11 and Order for Permanent Injunction, which was signed by the Honorable I 

24 11 and entered by the Court on . A true and correct copy of the Order I 

25 11 received is appended to this Affidavit. 

11 I declare under penalty of pejury under the laws of the United States that the foregoing is 

26 

II Page 40 of 41 

27 

true and correct. Executed on ,2005, at 
By: 

State of , City of 

Subscribed and sworn to before me 

this day of ,2005. 

Notary Public 

My Commission Expires: 

Page 41 of 41