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Case 2 :06-cv-00041- TC Document 2 Filed 01/17/2006 Page 1 of 8 

RECEIVED 

FILED 

1 3 20115 DISTRICT COURT 

Paul M. Warner, United States Attorney OFFICE Ofm. JAN 11 
 Carlie Christensen, Assistant United States 
 (f6M:;A gELL JAN, 1 2 200. Attorney for United States of America DISTRICT Of UTAH 

185 South State Street, Suite 400 JUDGE'S.J;Ce Salt Lake City, Utah 84111 BY; 

DEPUTY CLERK (801) 524-5682 

IN THE UNTED STATES DISTRICT COURT 

DISTRICT OF UTAH, CENTRAL DIVISION 

UNITED STATES OF AMERICA Civil Action No. 

Plaintiff CONSENT DECREE 

Judge Tena Camell FAR WEST CREDIT, Inc. DECK TYE: Civil 

DAX STAI: 01/12/2006 8 15:48:46

Defendant. CAE IlER: 2: 06CV00041 

WHEREAS: Plaintiff, the United States of America, has commenced this action by fiing the 

complaint herein; Defendant has waived service of the sumons and complaint; the Defendant has 

been represented by the attorneys whose names appear hereafer; and the Defendat has agreed to 

settlement ofthis action upon the following terms and conditions, without adjudication of any issue 

of fact or law and without Defendant admitting liabilty for any of the matters alleged in the 

complaint; 

THEREFORE, on the joint motion of Plaintiff and Defendant, it is hereby ORDERED 

ADJUGED, and DECREED as follows: 

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Case 2:06-cv-00041- TC Document 2 Filed 01/17/2006 Page 2 of 8 

FINDINGS 

This Cour has jursdiction of the subject matter and of the pary. 

The complaint states a claim upon which relief may be granted against the Defendat 

under 5(a)(I), 5(m)(I)(A), 13(b), and 16(a) of the Federal Trade Commssion Act ("FTC Act" 

15 U. C. 45(a)(I), 45(m)(I)(A), 53(b), and 56(a), and Section 621 of the Fair Credit Reportng

Act ("FCRA"), 15 U. C. 1681s.

For purposes of this Consent Decre: 

Defendant" shall mean Far West Credt, Inc. ; and 

the definitions set fort in the FCRA, 15 U. C. 1681a, shall apply.

MONETARY SETTLEMENT


Defendant Far West Credit, Inc., its successors and assigns, shall pay to the plaintiff 

a civil penalty pursuant to Section 621 (a) of the Fair Credit Reporting Act, 15 U. C. 1681s(a), in

the amount of $120 000. 

Defendat Far West Credt, Inc., shall make the payment required by Pargraph 4 

within five (5) days following entr of this Consent Dee by electronic fund trsfer in accordance 

with the instrctions to be provide by the Offce of Consumer Litigation, Civil Division, United 

. States Deparment of Justice, Washington, D.C., 20530. 

In the event of any default in payment, which default continues for ten (10) days 

beyond the due date of payment, the entie unpaid penalty, together with interest, as computed 

pursuant to 28 U. C. 1961 from the date of default to the date of payment, shaH immediately

become due and payable. 

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Case 2:06-cv-00041- TC Document 2 Filed 01/17/2006 Page 3 of 8 

INJUNCTION 

Defendant, its successors and assigns, and its offcers, agents, servants, employees 

and representatives, and all persons in active concer or paricipation with anyone or more of them 

who receive actual notice of this Consent Decree by personal service or otherwise, ar hereby 

enjoined from violating, directly or though any corpration, subsidiar, division or other device 

Section 607(b) of the FCRA, 15 U. C. 1681e(b), by failng to follow reasonable procedures to

assure the maxmum possible accuracy of informtion in consumer reports that the Defendant 

disseminates. 

Defendant, its successors and assigns, shall withn thirt (30) days of the date of entr 

of this Consent Decree, provide a copy of this Consent Decree to each of its officers, agents, 

servants, and employees who prepare or ar responsible for the prepartion of consumer reports, and, 

for a period of two (2) years, shall also provide a copy of this Consent Decree to each new offcer, 

agent, servant, or employee who wil prepare or be responsible for the prepartion of consumer 

report. Defendant shall secure from each such person a signed statement acknowledging reeipt 

of the Consent Decree. 

Defendant, its successors and assigns, shall within ninety (90) days after service upon 

them of this order, fie with the Commssion a report, in writing, settng forth in detail the manner 

and form in which it has complied with this order. 

10. For a period of thee (3) year from the date of entr of this Consent Decree, 

Defendant, its successors and assigns, shall maintain and make available to the Federal Trade 

Commssion, within thirty (30) days of the reeipt of a written request, business records 

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Case 2:06-cv-00041- TC Document 2 Filed 01/17/2006 Page 4 of 8 

demonstrting compliance with the tenns and provisions of the Consent Decree. 

11. For a period offive (5) year from the date of entr ofthis Consent Decree, Defendant 

and their successors and assigns shal notify the Federal Trade Commission in writing at least thirt 

(30) days prior to any change in the structure of Defendat, including, but not limited to, any change 

which results in the emergence of a successor corporation or any change which may affect 

Defendant' s obligations under this Consent Decee. 

12. Defendant is hereby required, in accordnce with 31 U.S.C. 7701, to fuish to the 

Federal Trade Commssion its taxpayer identifyng number, which shall be used for purposes of 

collecting and reporting on any delinquent amount arsing out of such person s relationship with the 

government. 

13. For purposes of this Consent Decree, Defendat shall, unless otherwise directed by 

. the Commssion s authorized representatives, mail all writtn reports, notifications, and other 

correspondence to the Commssion to: 

Associate Diretor for Financial Practices 

Federal Trade Commssion 

600 Pennsylvania Ave., N. 

Washington, D.C. 20580 

14. For purposes of compliance reportng, if undersigned counsel no longer represents 

Defendant, plaintiff and the Federal Trade Commssion ar authorized to communicate directly with 

Defendant. 

CONTINUG JURSDICTION 

15. This Court shall retain jurisdiction of this matter for the purposes of enabling either 

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Case 2:06-cv-00041- Document 2 Filed 01/17/2006 Page 5 of 8 

of the paries to this Consent Decree to apply to the Court at any time for such furter orders or 

directives as may be necessar or appropriate for the interpretation or modification of this 

Consent Decee, for the enforcement of compliance with the Consent Decree, or for the punishment 

of violations thereof. 

JUGMENT IS THREORE ENTRED in favor of Plaintiff and against Defendant, 

pursuant to all the tenn and conditions recited above. 

-(I! Dat this -. of

MA ­

United States District Judge 

The paries. by their respective counsel, hereby consent to the terms and conditions of the Consent 

Decree as set forth above and consent to the entr thereof. Defendant waives any rights that may 

arse under the Equal Access to Justice Act, 28 C. g 2412, amended by Pub. L. 104121, 110 

Stat. 847, 863-64 (1996). 

FOR THE UNTED STATE OF AMERICA: 

PETR D. KESLE 

Assistant Attorney Genera 

Civil Division 

United States Deparment of Justice 

PAULM. WAR 

United States Attorney 

District of Utah 

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j, /.

Case 2:06-cv-00041- Document 2 Filed 01/17/2006 Page 6 of 8 

By: l.V\I")­


Assistant United States Attorney 

United States Attorney's Offce 

185 South State Street, Suite 400 

Salt Lake City, Uta 84111 

(801) 524-5682 

EUGENE M. TIOLF 

Director 

Office of Consumer Utigation 

AhLY"'.. 

EUAaE'THSTEIN 

Trial Attorney 

Offce of Consumer Litigation 

United States Deparment of Justice 

O. Box 386 

Washington, D.C. 2004 

(202) 307-006 6 (VOICE) 

(202) 514-8742 (FACSIM) 

FOR THE FEDERAL TRDE COMMSSION: 

WISTON 

iate Director for Financial Practices 

Assi ant Director for Financial Prctices 

ItU.(


lA L. HAYN


Attorney 

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/./ 

Case 2:06-cv-00041- TC Document 2 Filed 01/17/2006 Page 7 of 8 

Attorney 

Division of Financial Practices 

Bureau of Consumer Protection 

Federal Trade Commssion 

600 Pennsylvania Ave., N.W. ' 

Washington, D.C. 20580 

(202) 326-3224 

IT, mc: 

Chief Operating OffcerlExecutive Vice President 

Far W edit, In 

I".


ORY . OLDB
 land Har 

555 Se nteenth Street, Suite 3200 

Denver, CO 80202-3979 

Attorney for Defendant 

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Case 2:06-cv-00041- TC Document 2 Filed 01/17/2006 Page 8 of 8 

REASONS FOR SETTLEMENT 

This statement accompanies the Consent Decree executed by defendant, in settlement of 

an action brought to recover penalties and other equitable relief from defendant for engaging in 

acts or practices in violation of Section 5 ofthe Federal Trade Commission Act, 15 U.S. C. 

and Section 607(b) of the Fair Credit Reporting Act, 15 US. C. 1681 et seq.

Pursuat to Section 5(m)(3) of the Federal Trade Commission Act, as amended (15 

US. C. 45(m)(3)), the Commssion hereby sets fort its reasons for settlement by entry of a 

Consent Decree and injunction: 

On the basis of the allegations contained in the attached Complaint, the Commssion 

believes that the payment of $120,000 in civil penalties by the defendant, Far West Credit 

Inc. constitutes an appropriate settlement. The amount should indicate to the defendant 

and to others simlarly situated the need for fulJ and complete compliance with the 

requirements of the Fair Credit Reporting Act. Further, defendant is required to comply 

with Section 607(b) afFair Credit Reporting Act, 15 US. C. 9 1681 et seq ., which 

requires the use of reasonable procedures to assure the maximum possible accuracy of 

information contained in consumer reports. With the entry of this Consent Decree, the 

time and expense of litigation wil be avoided. 

For the foregoing reasons, the Commission believes that the settlement by entr of the 

attached Consent Decree with the defendant is justified and well within the public interest.