QUARTERLY FEDERAL COURT

LITIGATION STATUS REPORT

Office of the General Counsel

Bureau of Competition

Bureau of Consumer Protection

Regional Offices

March 31, 2016

No. 127
TABLE OF CONTENTS 

SUMMARY OF CASES ................................................................................................................. ii 

PETITIONS FOR REVIEW ........................................................................................................... 1 

A) Orders to Cease and Desist ............................................................................................ 1 

B) Rulemakings ................................................................................................................... 2 

INJUNCTION AND CONSUMER REDRESS CASES ................................................................ 3 

A) Preliminary Injunctions (Mergers/Acquisitions) ............................................................ 3 

B) Preliminary Injunctions (Other) ..................................................................................... 4 

C) Permanent Injunctions/Consumer Redress ..................................................................... 4 

CIVIL PENALTY AND ENFORCEMENT CASES ................................................................... 79 

A) Consumer Protection .................................................................................................... 79 

B) Competition .................................................................................................................. 88 

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS ..................................................... 89 

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION ....................... 93 

AMICUS CURIAE BRIEFS ......................................................................................................... 95 

 

 
ii 

SUMMARY OF CASES 

 D. Ct. Ct. App.*

 S. Ct. Total 

PETITIONS FOR REVIEW 0 2 2 4 

INJUNCTION AND 

CONSUMER REDRESS CASES 

71 19 3 93 

CIVIL PENALTY AND 

ENFORCEMENT CASES 

16 2 0 18 

 

SUBPOENA AND CID 

ENFORCEMENTS 

4 2 0 6 

SUITS TO ENJOIN FTC 

ACTION AND OTHER 

DEFENSIVE LITIGATION 

2 3 0 5 

AMICUS CURIAE BRIEFS 0 11 0 11 

TOTALS 93 28 5 137 

 *

 Includes all cases in which appellate proceedings have taken place during the reporting 

period or are pending; these cases are not counted in the District Court column, even if such proceedings are going on simultaneously. 
1 

PETITIONS FOR REVIEW 

(A) Orders to Cease and Desist

ECM BIOFILMS, INC. v. FTC, No. 15-4339 (6th Cir.) 

Parties: ECM BioFilms, Inc. d/b/a Enviroplastics International 

Assigned Attorneys: Jack Metzler (OGC) 

Nature of Action: Petition for review of the Commission’s final order. 

Status: Petition for review filed 12/6/15. 

 Petitioner’s brief filed 3/2/16; Commission’s brief due 5/4/16. 

FANNING v. FTC, No. 15-1520 (1st Cir.) 

Parties: John Fanning 

Assigned Attorneys: Leslie Melman (OGC) 

Bradley Grossman 

Nature of Action: Petition for review of the Commission’s final order prohibiting Fanning 

and Jerk, LLC from deceiving users about the source of personal 

information on the now defunct website and misrepresenting the benefits 

of membership. 

Status: Petition for review filed 4/28/15. 

Motion to stay Commission’s final order pending appeal filed 5/29/15. 

Order granting temporary stay entered 5/29/15. 

Commission’s response filed 6/5/15. 

Stay denied 7/14/15. 

Defendant’s opening brief filed 8/19/15. 

Defendant’s revised opening brief filed 8/25/15. 

Commission’s brief filed 10/19/15. 

Oral argument held 12/8/15. 

McWANE, INC. v. FTC, No. 15-706 (S. Ct.); No. 14-11363 (11th Cir.) 

Parties: McWane, Inc. 

Assigned Attorneys: Jack Metzler (OGC) 

Nature of Action: Petition for review of final Commission order. 

Status: Petition filed 3/28/14. 
2 

McWane’s opening brief filed 6/27/14; FTC brief due 8/29/14; 

McWane’s reply brief filed 9/29/14. 

 Oral argument held 1/16/15. 

 McWane’s supplemental brief filed 2/17/15. 

 Commission’s supplemental brief filed 2/17/15. 

Opinion affirming Commission’s decision entered 4/15/15. 

McWane’s petition for rehearing en banc filed 5/29/15. 

Petition for rehearing en banc denied 8/6/15. 

Petition for certiorari filed 11/4/15. 

Commission’s opposition brief filed 2/5/16. 

Petition for certiorari denied 3/21/16. 

POM WONDERFUL v. FTC, No. 15-525 (S. Ct.); No. 13-1060 (D.C. Cir.) 

Parties: POM Wonderful LLC 

Roll Global LLC 

Stewart A. Resnick 

Lynda Rae Resnick 

Matthew Tupper 

Assigned Attorneys: Jonathan Nuechterlein (OGC) 

Mark S. Hegedus 

Nature of Action: Petition for review of final Commission order. 

Status: Petition filed 3/8/13. 

POM and Tupper’s opening briefs filed 8/14/13. 

Commission’s brief in opposition filed 2/7/14. 

POM and Tupper’s joint reply brief filed 3/4/14. 

Oral argument held 5/2/14. 

Opinion affirming Commission order issued 1/30/15. 

Petition for rehearing filed 4/6/15; denied en banc 5/28/15. 

Petition for certiorari filed 10/23/15; Commission’s opposition brief 

 filed 3/28/16. 

 

 

(B) Rulemakings 

(None Pending) 
3 

INJUNCTION AND CONSUMER REDRESS CASES 

(A)Preliminary Injunctions (Mergers/Acquisitions) 

FTC v. ADVOCATE HEALTH CARE NETWORK No. 1:15-cv-11473 (N.D. Ill.) 

Parties: Advocate Health Care Network 

 Advocate Health and Hospitals Corporation 

 NorthShore University HealthSystem 

Assigned Attorneys: Emily Bowne (BC/Mergers IV) 

 Christopher Caputo 

 Timothy Carson 

 Charles Dickinson 

 Kevin Hahm 

 Sean P. Pugh 

 Alexander Bryson 

 

Alleged Conduct: Action for preliminary injunction for violations of Section 5 of the FTC 

Act and Section 7 of the Clayton Act in conjunction with Advocate Helath 

Care Network and Advocate Health and Hospitals Corporation’s proposed 

affiliation with NorthShore University HealthSystem. 

Status: Complaint filed 1/18/15. 

 TRO entered 12/23/15. 

FTC v. PENN STATE HERSHEY MEDICAL CENTER No. 1:15-cv-2362 (M.D. Pa.) 

Parties: The Penn State Hershey Medical Center 

 PinnacleHealth System 

 

Assigned Attorneys: William Efron (NER) 

 Ryan Harsch 

 Jared Nagley 

 Jonathan Platt 

 Gerald Stein 

 Geralyn Trujillo 

 Nancy Tumblacer 

 Theodore Zang 

 

Alleged Conduct: Action for preliminary injunction for violations of Section 5 of the FTC 

 Act and Section 7 of the Clayton Act in connection with a proposed 

 hospital merger. 
4 

Status: Complaint filed 12/9/15. 

 TRO entered 12/9/15. 

FTC v. STAPLES, INC. No. 1:15-cv-2115 (D.D.C.) 

Parties: Staples, Inc. 

 Office Depot, Inc. 

Assigned Attorneys: Alexis Gilman (BC/Mergers IV) 

 Kevin Hahm 

Charles Loughlin 

 Tara Reinhart 

 Stelios Xenakis 

Alleged Conduct: Action for preliminary injunction for violations of Section 5 of the FTC 

Act and Section 7 of the Clayton Act in conjunction with the proposed 

merger between Staples, Inc. and Office Depot, Inc. 

Status: Complaint filed 12/7/15. 

 TRO entered 12/8/15. 

 Preliminary injunction hearing held beginning 3/21/16. 

(B) Preliminary Injunctions (Other) 

 

(None pending) 

(C) Permanent Injunctions/Consumer Redress* 

 

FTC v. 4 STAR RESOLUTION, LLC, No. 1:15-cv-112 (W.D.N.Y.) 

Parties: 4 Star Resolution, LLC d/b/a Consumer Recovery Group d/b/a Four Star 

 Capital Services d/b/a Four Star Resolution Services, LLC d/b/a FS 

 Mediation Group 

 Profile Management, Inc. 

 International Recovery Service, LLC 

 Check Solutions Services, Inc. 

 Check Fraud Service, LLC 

 Merchant Recovery Service, Inc. 

 *

 Unless otherwise noted, cases involve suits for permanent injunction and other equitable 

relief. Post-judgment proceedings in district court are not generally reported. 
5 

 Fourstar Revenue Management, LLC 

 Travell Thomas 

 Maurice Sessum 

 Charles Blakely, III 

Assigned Attorneys: Brian N. Lasky (NER) 

 Karen A. Dahlberg 

 Robin E. Eichen 

 Laura Zuckerwise 

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) of the FTC Act 

 and the Fair Debt Collection Practices Act in connection with the 

 collection of debt or purported debt. 

Status: Complaint filed 2/9/15. 

 TRO entered 2/9/15. 

 Stipulated preliminary injunction entered 6/2/15. 

Commission’s motion for preliminary injunction with asset freeze filed 

8/5/15; memorandum in opposition by Charles Blakely filed 

9/15/15; memorandum in opposition by 4 Star Resolution, LLC 

filed 9/23/15. 

Preliminary injunction with asset freeze entered 11/21/15. 

FTC v. A TO Z MARKETING, INC., No. 14-56582 (9th Cir.); No. 8:13-cv-00919 (C.D. Cal.) 

Parties: A to Z Marketing, Inc. 

 Apex Members, LLC 

 Apex Solutions, Inc. 

 Backend, Inc. 

 Expert Processing Center, Inc. 

 Smart Funding Corp. 

William D. Goodrich, Atty, Inc. 

 Ratan Baid 

 Madhulika Baid 

 William D Goodrich 

Nationwide Law Center, P.C. 

United States Law Center, P.C. 

Emax Loans, Inc. 

Millennium Law Center, P.C. 

Legal Marketing Group, Inc. 

SC Law Group, P.C. 

Interstate Law Group, LLC 

Backend Services, Inc. 

Top Legal Advocates, P.C. 

Evergreen Law Offices, PLLC 

Amir (Alex) Montazeran 
6 

Business Team LLC (relief defendant) 

 

Assigned Attorneys: Steven W. Balster (ECR) 

Jonathan L Kessler 

 Maria Del Monaco 

 Stacy Rene Procter (WRLA) 

 Michael D. Bergman (OGC) 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 through the 

 operation of a nationwide scheme regarding mortgage assistance relief 

 services, including loan documentation and transaction services, and loan 

 modification services. 

Status: Complaint filed 6/18/13. 

 TRO entered 6/18/13. 

 Preliminary injunction against Backend, Inc. entered 7/12/13. 

 Stipulated preliminary injunction against remaining defendants entered 

 7/19/13. 

Amended complaint adding 11 new defendants and one relief defendant 

 filed 12/16/13. 

 Commission’s motion for summary judgment filed 8/18/14; 

 Opposition brief filed 8/25/14; Commission’s amended motion for 

 summary judgment filed 9/1/14; Commission’s reply in support of 

 motion for summary judgment filed 9/2/14. 

 Final order for permanent injunction against defendants Backend 

 Services, Inc., Emax Loans, Inc., Legal Marketing Group, Inc., 

 Nationwide Law Center, Inc., United States Law Center., P.C., 

 Interstate Law Group, LLC, Millenium Law Center, P.C., 

 William D. Goodrich and William D. Goodrich Atty, Inc. 

 and SC Law Group, P.C. entered 9/2/14. 

 Order denying motion to set aside default judgment as to defendants 

 Amir Montazeran and Business Team, LLC entered 9/2/14. 

Order for default judgment as to Evergreen and Backend 

 entered 9/2/14. 

Stipulated final order for permanent injunction and settlement of claims 

 for defendant Top Legal Advocates, P.C., Backend, Inc. entered 

 9/18/14. 

Defendant Amir Montaxeran’s notice of appeal of default judgment to the 

 9th Circuit filed 9/30/14. 

Default judgment and final order for permanent injunction as to defendant 

Amir Montazeran entered 10/16/14. 

 Final order for monetary judgment as to Business Team, LLC entered 

10/16/14. 

 Defandant Amir Montazeran’s and Business Team, LLC’s first amended 

 notice of appeal filed 11/03/14. 

 Stipulated final order for permanent injunction against defendants A to Z 
7 

Marketing, Inc., Apex Members, LLC, Apex Solutions, Inc., 

Madhulika Baid, Ratan Baid, Expert Processing Center, Inc., 

Smart Funding Corp. entered 11/14/14. 

Appellants’ opening brief filed 3/9/15; Commission’s answering brief 

 filed 5/8/15; Appellants’ reply brief filed 6/19/15. 

Oral argument scheduled for 6/6/16. 

FTC v. ABBVIE, INC., No. 2:14-cv-5151 (E.D. Pa.) 

Parties: AbbVie, Inc. 

 Abbott Laboratories 

 Unimed Pharmaceuticals, LLC 

 Besins Healthcare, Inc. 

 Teva Pharmaceuticals USA, Inc. 

Assigned Attorneys: Markus Meier (BC) 

 Patricia M. McDermott 

 Kara Monahan 

 Peter Taylor 

Alleged Conduct: Unfair methods of competition in violation of Section 5(a) of the FTC Act 

arising from baseless patent infringement lawsuits against potential 

generic competitors. 

Status: Complaint filed 9/8/14. 

 Defendants’ motion to dismiss filed 11/12/14; Commission’s brief in 

 opposition filed 12/12/14. 

 Order granting defendants’ motion to dismiss Count II of the complaint 

 entered 5/6/15. 

Commission’s motion for entry of judgment under Rule 54(b) filed 6/5/15; 

 response in opposition by Abbott Laboratories, Abbvie, Inc. and 

 Unimed Pharmaceuticals filed 6/25/15; Commission’s reply filed 

 7/2/15. 

Order holding Commission’s pending Rule 54(b) motion in abeyance 

 entered 7/8/15. 

 Commission’s motion for reconsideration of dismissal filed 7/20/15; 

 defendant’s response filed 7/31/15; reply filed 8/7/15. 

Motion for reconsideration denied 8/25/15. 

Motion to direct entry of partial final judgment under Rule 54(b) denied 

 8/26/15.

 
8 

FTC v. ACTAVIS, INC. (formerly WATSON PHARMACEUTICALS, INC.), No. 12-416 (S. 

Ct.); Nos. 12-16488, No. 10-12729 (11th Cir.); No. 1:09-CV-00955 (N.D. Ga.), formerly 

No. 2:09-CV-00598 (C.D. Cal.) 

Parties: Watson Pharmaceuticals, Inc. 

Par Pharmaceuticals Companies, Inc. 

Paddock Laboratories, Inc. 

Solvay Pharmaceuticals, Inc. 

Assigned Attorneys: Markus Meier (BC) 

Saralisa Brau 

Cynthia A. Liebes (SER) 

Mark S. Hegedus (OGC) 

Alleged Conduct: Action for a permanent injunction and other equitable relief for violations 

of the Sections 1 and 2 of the Sherman Act and Section 5 of the FTC Act 

in connection with agreement between brand name drug manufacturer and 

generic manufacturers delaying entry of generic drug. 

Status: Complaint in C.D. Cal. filed 1/27/09. 

Amended complaint filed 2/12/09. 

Defendants’ motion to transfer case to Northern District of Georgia filed 

2/27/09; Commission’s opposition filed 3/16/09; defendants’ reply 

filed 3/23/09; order transferring case to N.D. Ga. entered 4/9/09. 

Second amended complaint filed 5/28/09. 

Commission’s motion to stay proceeding filed 6/15/09; defendants’ 

opposition filed 6/17/09; Commission’s reply filed 7/6/09; order 

denying motion entered 7/17/09. 

Defendants’ motions to dismiss second amended complaint filed 7/20/09; 

Commission’s opposition filed 8/21/09; defendants’ replies filed 

9/11/09. 

Order granting motion to dismiss Commission’s second amended 

complaint entered 2/22/10. 

Judgment dismissing Commission’s claims with prejudice entered 4/21/10 

Notice of appeal filed 6/10/10.

Commission’s opening brief filed 7/26/10. 

Defendants’ answering brief filed 11/10/10. 

Commission’s reply brief filed 12/15/10. 

Oral argument held 5/13/11. 

Opinion affirming district court issued on 4/25/12. 

Commission’s petition for rehearing en banc filed 6/11/12.

Order denying petition for rehearing en banc entered 7/18/12. 

Commission’s petition for writ of certiorari filed 10/4/12. 

Petition granted 12/7/12. 

Commission’s petition to district court to unseal document filed 12/10/12; 

motion granted and temporary stay pending appeal entered 
9 

12/19/12. 

Notice of appeal of order unsealing document by AbbVie Products 

filed 12/21/12; emergency motion to expedite briefing and stay 

unsealing order filed 12/26/12; granted 1/10/13. 

Commission’s Supreme Court merits brief filed 1/22/13. 

 AbbVie Products’ opening brief in 11th Circuit filed 1/31/13; 

 Commission’s response filed 2/7/13; AbbVie Products’ reply filed 

 2/19/13. 

 Respondents’ Supreme Court briefs filed 2/21/13. 

 Commission’s Supreme Court reply brief filed 3/18/13. 

 Oral argument in 11th Circuit held 3/20/13. 

 11th Circuit opinion affirming district court order lifting seal 

 and dissolving stay filed 3/21/13. 

 Supreme Court grant of Solicitor General’s motion to lift seal on sealed 

 volume of joint appendix entered 3/22/13.

 Supreme Court oral argument held 3/25/13. 

 Supreme Court decision in favor of the FTC, reversing the 

Eleventh Circuit Court of Appeals and remanding the case for 

 further proceedings consistent with its opinion entered 6/17/13. 

Eleventh Circuit order vacating the district court judgment and remanding 

the case to the district court entered 9/9/13. 

Order making Eleventh Circuit’s mandate the judgment of the district 

court entered 11/15/13. 

Motion to dismiss for failure to state a claim filed 1/15/14; Commission’s 

opposition filed 2/14/14; defendant’s reply brief filed 3/3/14. 

Order denying motion to dismiss entered 4/21/14. 

Motion for interlocutory appeal by Paddock Laboratories, Inc. and Par 

 Pharmaceutical Companies, Inc. filed 4/22/14; Commission’s 

 opposition filed 5/6/14; oral argument held 5/9/14; motion denied 

 5/9/14. 

FTC v. ALL US MARKETING, No. 6:15-cv-1016 (M.D. Fla.) 

Parties: All US Marketing, LLC, f/k/a Payless Solutions, LLC 

Global Marketing Enterprises Inc., f/k/a Pay Less Solutions, Inc. 

Global One Financial Services, LLC 

Your #1 Savings, LLC 

Ovadaa, LLC 

Royal Holdings of America, LLC 

GRR Financial Services, LLC 

Auto Guardian USA, LLC 

Premier Marketing International, LLC 

Gary Rodriguez, d/b/a Global Financial Services, LLC d/b/a Engineering 

 Development Enterprise, LLC d/b/a PBMS, LLC 

Marbel Rodriguez, d/b/a American Best Savings LLC d/b/a Americas First 

 Source, LLC 

Carmen Williams 
10 

Jonathan Paulino 

Fariborz Fard 

Shirin Imani 

Alex Serna d/b/a GRR Financial Service, LLC d/b/a AJC Global 

 Solutions, LLC 

Christian Serna 

Kimberly Coarse 

Assigned Attorneys: James Davis (MWR) 

 John Hallerud 

 Elizabeth Scott 

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) of the FTC Act 

 and the Telemarketing Sales Rule in connection with credit card interest 

 rate reduction services. 

Status: Complaint filed 6/22/15. 

 TRO entered 6/22/15. 

 Stipulated preliminary injunction as to Royal Holdings of America LLC, 

 Ovadaa LLC, Carmen Williams, and Jonathan Paulino, Fariborz 

 Fard, Shirin Imani, Global Marketing Enterprises, Inc., Gary 

 Rodriguez, Marbel Rodriguez, Alex Serna entered 7/7/15. 

 Preliminary Injunction as to All Us Marketing LLC entered 7/7/15. 

 Amended complaint filed 10/6/15 

 Stipulated preliminary injunction as to Kimberly Coarse, Auto Guardian 

 USA, LLC, and Premier Marketing International, LLC entered 

 12/3/15. 

Motion for entry of stipulated final judgment and permanent injunction as 

 to defendants Fariborz Fard, Shirin Imani, and Global Marketing 

Enterprises, Inc. filed 12/3/15; motion denied 12/4/15. 

 Default judgment as to defendants All Us Marketing, Fariborz Fard, GRR 

 Financial Services, Global Marketing Enterprises, Shirin Imani and 

 Christian Serna entered 3/21/16. 

 Trial scheduled for 6/13/17. 

FTC v. AMAZON.COM, No. 2:14-cv-1038 (W.D. Wash.) 

Parties: Amazon.com 

Assigned Attorneys: Jason Adler (BCP/FP) 

Heather Allen 

Miya Rahamim 

Duane Pozza 

Heather Allen 

Jane Ricci 

Courtney Estep 

Laura Marie Solis 
11 

Katharine Roller 

Lisa Rothfarb 

Helen Wong 

Alleged Conduct: Unfair practices in violation of Section 5 of the FTC Act in connection 

with Amazon’s billing for charges related to activity within software 

applications. 

Status: Complaint filed 7/10/14. 

 Amazon’s motion to dismiss filed 9/08/14; Commission’s response filed 

 9/29/14; Amazon’s reply filed 10/3/14. 

 Order denying Amazon’s motion to dismiss entered 12/1/14. 

 Order adopting stipulated protective order entered 1/12/15. 

Motion for partial summary judgment by defendant filed 2/2/16; 

Commission’s opposition filed 2/22/16; defendant’s reply filed 

3/2/16. 

Motion for summary judgment by Commission filed 2/2/16; defendant’s 

opposition filed 2/23/16; Commission’s reply filed 2/26/16. 

FTC v. AMERICAN INDUSTRIAL ENTERPRISES, LLC, No. 1:16-cv-00281 (D. Md.) 

Parties: American Industrial Enterprises, LLC 

 Easton Chemical Supply, Inc. 

 Lighting X-Change Company, LLC 

 LMS Lighting and Maintenance Solutions, LLC 

 Werner International Enterprises, Inc. 

 Benjamin Cox 

 Vincent Stapleton 

 John Tharrington 

 TBC Companies, Inc. (relief defendant) 

Assigned Attorneys: Jonathan Kessler (ECR) 

 Maria Del Monaco 

 Michael Rose 

Alleged Conduct: Deceptive acts and practices in violation of section 5(a) of the FTC Act, 

 the Telemarketing Sales Rule and the Unordered Merchandise Statute in 

 connection with the sale of nondurable office or cleaning supplies through 

 interstate telephone calls. 

Status: Complaint filed 2/1/16. 

 Ex parte TRO with asset freeze entered 2/2/16. 

 Stipulated preliminary injunction as to defendants John Tharrington and 

 Vincent Stapleton entered 2/29/16. 

 Preliminary injunction as to defendants Lighting X-Change Company, 
12 

American Industrial Enterprises, LLC, Easton Chemical Supply, 

Inc., LMS Lighting & Maintenance Solutions, LLC and Werner 

International Enterprises entered 2/29/16. 

FTC v. AMG SERVICES, INC., No. 14-16468 (9th Cir.); No. 2:12-CV-00536 (D. Nev.) 

Parties: AMG Services, Inc. 

Red Cedar Services, Inc., d/b/a 500FastCash 

SFS, Inc., d/b/a OneClickCash 

Tribal Financial Services, Inc., d/b/a Ameriloan, d/b/a UnitedCashLoan, 

d/b/a USFastCash, d/b/a Miami Nation Enterprises. 

AMG Capital Management, LLC 

Level 5 Motorsports, LLC 

Lead Flash Consulting, LLC 

Black Creek Capital Corporation 

Broadmoor Capital Partners, LLC 

Muir Law Firm, LLC 

Scott A. Tucker 

Blaine A. Tucker 

Timothy J. Muir 

Don E. Brady 

Robert D. Campbell 

Troy L. LittleAxe 

Park 269 LLC 

Kim C. Tucker 

Assigned Attorneys: Helen Wong (BCP/FP) 

Jason Schall 

Alleged Conduct: Deceptive acts and practices in violation of Section 5, the Truth in Lending 

Act, and the Electronic Fund Transfer Act, in connection with offering and 

extending credit, payday loans, and the collection of those loans. 

Status: Complaint filed 4/2/12. 

 Motion to dismiss by all defendants filed 5/25/12; Commission’s response 

filed 6/11/12. 

Partial withdrawals of motions to dismiss filed 10/15/12 and 10/16/12. 

Stipulated preliminary injunction entered 12/27/12. 

Commission’s amended motion for partial summary judgment filed 

3/7/13; defendants’ responses filed 3/25/13. 

 Motion for legal determination on tribal sovereign immunity by 

defendants AMG Services, Inc., Red Cedar Services, Inc., SFS, 

Inc., and Tribal Financial Services filed 4/8/13; cross-motion for 

legal determination by defendant Troy Little Axe filed 4/10/13; 

Commission’s response filed 4/19/13. 

Commission’s amended complaint filed 4/12/13. 
13 

Report and recommendation by magistrate that Commission’s motion for 

partial summary judgment and defendant’s motion for legal 

determination on tribal sovereign immunity be granted in part and 

denied in part entered 7/16/13. 

Joint motion for permanent injunction and judgment as to defendants 

AMG Services, SFS, Inc., MNE Services, Inc., AMG Capital 

Management, LLC, Level 5 MotorSports, LLC, LeadFlash 

Consulting, LLC, Black Creek Capital Corp., Broadmoor Capital 

Partners, LLC, Scott A. Tucker, Blaine A. Tucker, Don E. Brady, 

Robert D. Campbell, and Troy L. Little Axe, Jr. filed 7/18/13. 

Motion for summary judgment by Commission filed 9/30/13; Muir 

defendants’ opposition filed 11/29/13; remaining defendants’ 

opposition filed 12/4/13; Commission’s reply filed 12/20/13. 

Motions for summary judgment by defendants filed 9/30/13; 

Commission’s opposition filed 12/4/13; defendants’ reply filed 

12/20/13. 

Order granting joint motion for permanent injunction and judgment as to 

defendants AMG Services, SFS, Inc., MNE Services, Inc., AMG 

Capital Management, LLC, Level 5 MotorSports, LLC, LeadFlash 

Consulting, LLC, Black Creek Capital Corp., Broadmoor Capital 

Partners, LLC, Scott A. Tucker, Blaine A. Tucker, Don E. Brady, 

Robert D. Campbell, and Troy L. Little Axe, Jr. entered 10/8/13. 

Report and recommendation by magistrate that Commission’s motion for 

summary judgment be granted in part and denied in part, and that 

defendant’s motion for summary judgment be denied, entered 

1/28/14; defendant’s objections filed 2/14/14; Commission’s 

response filed 3/2/14. 

Order adopting magistrate’s 7/16/13 report and recommendations entered 

3/7/14. 

Order adopting magistrate’s 1/28/14 report and recommendations entered 

5/29/14. 

Stipulation and order to dismiss defendants Timothy J. Muir and the Muir 

Law Firm, LLC entered 9/8/14. 

Order denying settling defendants’ motion to enforce settlement entered 

7/16/14; notice of appeal filed 7/30/14; Ninth Circuit order 

dismissing appeal for lack of jurisdiction entered 10/30/14. 

Stipulated permanent injunction and monetary judgment as to defendants 

AMG Services and MNE Services, Inc. entered 1/23/15. 

Stipulated permanent injunction and monetary judgment against 

 defendants Troy Little Axe, Jr., Don Brady and Robert Campbell 

 entered 3/17/15. 

Motion for preliminary injunction by the Commission filed 5/8/15; 

 responses filed 5/26/15. 

Stipulated orders for permanent injunction and equitable monetary relief 

 as to defendants Red Cedar Services, Inc. and SFS, Inc. entered 

 11/25/15. 
14 

Motion for summary judgment by Commission filed 1/20/16; defendants’ 

opposition filed 2/26/16; Commission’s reply filed 3/18/16. 

Motion for summary judgment by defendants filed 1/20/16; Commission’s 

opposition filed 2/26/16; defendants’ reply filed 3/18/16. 

FTC v. APPLY KNOWLEDGE, LLC, No. 2:14-cv-0088 (D. Utah) 

Parties: Apply Knowledge, LLC, d/b/a Apply Knowledge Institute and Coaching 

 Dept. 

 Dahm International, LLC 

 Dominion of Virgo Investments, Inc. 

 Ecommerce Support, LLC 

 Essent Media, LLC 

 Evertex Solutions, LLC 

 EVI LLC, d/b/a Members Learning Center 

 Nemrow Consulting, LLC 

 Novus North, LLC, d/b/a Mymentoring, Yes International, LLC and 

 Your Ecommerce Support International, LLC 

 Purple Buffalo, LLC, d/b/a NetMarketing 

 Supplier Source, LLC 

 365 Dailyfit, LLC, d/b/a Net Training 

 Vensure International 

 VI Education, LLC 

 David Gregory Bevan 

 Jessia Bjarnson 

 Phillip Edward Gannuscia 

 Chad Huntsman 

 Richard Nemrow 

 Jeffrey Nicol 

 Thomas Riskas 

 Babata Sonnenberg 

 Ken Sonnenberg 

 

Assigned Attorneys: Collot Guerard (BCP/MP) 

 Svetlana Gans 

 Michael D. Bergman (OGC) 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 and the 

Telemarketing and Consumer Fraud Abuse and Prevention Act in 

connection with work-from-home business opportunity scheme. 

Status: Complaint filed 2/10/14. 

TRO entered 2/11/14. 

Stipulated preliminary injunction and asset freeze as to defendant David 

 Bevan entered 3/20/14. 

Commission’s motion to dismiss Sonnenberg defendants’ counterclaim 
15 

 filed 5/27/14; motion granted without prejudice on 1/30/15. 

Order granting Motion to Dismiss Sonnenberg defendants' counterclaim 

 entered 4/9/15. 

Amended complaint filed 5/14/15. 

Notice of death of defendant Chad Huntsman filed 6/9/15. 

Permanent injunction and monetary judgment as to David Bevan entered 

 6/24/15. 

Stipulated settlement order as to defendants Apply Knowledge, Evertex 

Solutions, Suppler Source, and Ken Sonnenberg entered 2/17/16. 

FTC v. AT&T MOBILITY, LLC., No. 15-16585 (9th Cir.); No. 3:14-cv-04785 (N.D. Cal.) 

Parties: AT&T Mobility, LLC 

Assigned Attorneys: David M. Newman (WRSF) 

 Eric David Edmonson 

 Kerry O’Brien 

 Laura Fremont 

 Linda K. Badger 

 Matthew D. Gold 

 Evan Rose 

 David Sieradzki (OGC) 

 Matthew Hoffman 

Alleged Conduct: Deceptive and unfair acts or practices in violation of Section 5(a) of the 

 FTC Act in connection with the marketing of wireless broadband internet 

 access service for smartphones. 

Status: Complaint filed 10/28/14. 

 Motion to dismiss by AT&T Mobility filed 1/5/15. 

Order denying motion to dismiss entered 3/31/15. 

AT&T Mobility’s motion for leave to take interlocutory appeal filed 

 4/9/15; Commission’s response filed 4/23/15; AT&T Mobility’s 

 reply filed 4/30/15. 

Order granting AT&T Mobility’s motion to appeal entered 5/15/15. 

Petition to Ninth Circuit for permission to appeal by AT&T Mobility filed 

 5/26/15; Commission’s response filed 6/8/15. 

Order granting interlocutory review entered 8/10/15. 

Motion to stay pending appeal filed 8/18/15. 

Stay denied 9/25/15. 

 Appellant’s opening brief filed 11/18/15; Commission’s answering brief 

 filed 2/3/16; Appellant’s reply brief filed 2/22/16. 

 Oral argument scheduled for 6/17/16. 

 
16 

FTC v. BAM FINANCIAL, No. SACV15-01672JVS (DFMx) (C.D. Cal.) 

Parties: BAM Financial, LLC d/b/a West and Associates, Chelsea & Associates, 

and Chelsea Financial 

Everton Financial, LLC d/b/a West and Associates 

Legal Financial Consulting LLC d/b/a West and Associates 

Luis O. Carrera a/k/a Luis O. Carrera-Cavero 

 

Assigned Attorneys: Connor Shively (NWR) 

 Richard McKewen 

 Raymond McKown 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act and 

Section 814 of the Fair Debt Collection Practices Act in connection with 

debt collection activities. 

Status: Complaint filed 10/19/15. 

 TRO entered 10/22/15; extended 11/2/15; extended 11/24/15; extended 

 3/1/16. 

 Order staying case and extending TRO entered 3/23/16. 

FTC v. BF LABS, INC., No. 14-3286 (8th Cir.); No. 4:14-cv-815 (W.D. Mo.) 

Parties: BF Labs, Inc. 

 Darla Drake 

 Nasser Ghoseiri 

 Sonny Vleisides 

 Kyle Alexander (would-be intervenor) 

 Dylan Symington (would-be intervenor) 

Assigned Attorneys: Helen Wong (BCP/FP) 

 Greg Ashe 

Jason Adler 

 David Sieradzki (OGC) 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act in 

connection with the marketing and sale of Bitcoin mining machines. 

Status: Complaint filed 9/15/14. 

 TRO entered 9/18/14. 

 Motions to dismiss entered 10/10/14. 

 Order denying motions to dismiss entered 12/23/14. 

 Motion to intervene by Kyle Alexander and Dylan Symington filed 

 9/28/14; denied 10/3/14; notice of appeal filed 10/3/14. 

Appellants’ brief filed 11/24/14; Commission’s responsive brief filed 

 1/16/15. 
17 

 Commission’s motion to dismiss counterclaims for lack of jurisdiction 

filed 3/10/15; BF Labs’ opposition filed 3/30/15; Commission’s 

reply filed 4/13/15; BF’s Labs’ motion to file surreply in 

opposition filed 4/17/15; Commission’s opposition filed 4/28/15. 

 Order granting BF Labs’ motion for leave to file a surreply entered 

 6/10/15. 

Order granting Commission’s motion to dismiss counterclaims entered 

 6/15/15. 

Opinion by court of appeals affirming district court’s order denying 

 motion to intervene entered 8/25/15. 

Order staying case for 120 days to consider settlement 

agreement entered 11/2/15. 

FTC v. BLUEHIPPO FUNDING, LLC, No. 11-374 (2d Cir.); No. 1:08-CV-01819 (S.D.N.Y.) 

Parties: BlueHippo Funding, LLC 

BlueHippo Capital LLC 

Joseph K. Rensin 

Assigned Attorneys: Amanda C. Basta (BCP/ENF) 

Michael D. Bergman (OGC) 

David C. Shonka 

Alleged Conduct: Contempt proceeding for violations of a permanent injunction in 

connection with the sale of personal computers, televisions, and other 

consumer electronics. 

Status: Complaint filed 2/22/08. 

Stipulated final judgment and order for permanent injunction entered 

4/9/08. 

Motions for contempt and to modify permanent injunction against 

BlueHippo Funding, LLC, BlueHippo Capital LLC, and Joseph K. 

Rensin filed 11/17/09. 

 Order to show cause why defendants should not be held in contempt 

entered 11/16/09; modified 11/18/09. 

Defendants’ memoranda of law filed 12/7/09 and 12/11/09; Commission’s 

reply memoranda of law filed 12/11/09 and 12/12/09. 

Trial held 2/9/10-2/11/10; closing argument held 2/19/10.

Order granting motion for contempt entered 7/27/10; judgment entered 

7/30/10. 

Commission’s motion to amend/correct judgment and order filed 8/27/10;

defendants’ opposition filed 9/24/10; Commission’s reply filed 

10/8/10. 

Order denying Commission’s motion to amend/correct judgment and order 

entered 12/1/10. 

Commission’s notice of appeal re contempt order filed 1/28/11. 
18 

Notice of appeal filed 2/1/11. 

Commission’s brief filed 5/16/11. 

Appellee’s brief filed 8/15/11. 

Commission’s reply brief filed 9/12/11. 

Argument held 2/23/12. 

Opinion vacating the district court’s judgment and remanding the case to 

 the district court entered 8/12/14. 

 Appellee Joseph Rensin’s petition for rehearing filed 9/25/14. 

 Order denying Joseph Rensin’s petition for rehearing entered 11/17/14. 

 Oral argument before the district court concerning applicability of 

 presumption of reliance held 6/4/15. 

 Opinion and order ruling that Commission is entitled to presumption of 

 consumer reliance entered 11/6/15. 

FTC v. BOOST SOFTWARE, INC., No. 9:14-cv-81397 (S.D. Fla.) 

Parties: Boost Software, Inc. 

 Vast Tech Support, LLC d/b/a OMG Tech Help, d/b/a OMG Total 

 Protection, d/b/a OMG Back Up, d/b/a Softwaretechsupport.com 

 OMG Tech Help, LLC 

 Success Capital, LLC 

 Jon Paul Holdings, LLC 

 Amit Mehta 

 Elliot Loewenstern 

 Jon-Paul Vasta 

 Mark Donohue 

Assigned Attorneys: J. Ronald Brooke, Jr. (BCP/MP) 

 Russell S. Deitch 

Alleged Conduct: Deceptive and unfair acts and practices in violation of Section 5(a) of the 

FTC Act and the Telemarketing Sales Rule in connection with the 

marketing, advertising, and sale of tech support services. 

Status: Complaint filed 11/10/14. 

 TRO entered 11/12/14. 

 TRO extended to all defendants entered 11/26/14. 

 Order denying preliminary injunction against Boost Software and Amit 

 Mehta entered 11/26/14. 

 Order of entry of default as to Vast Tech Support LLC, OMG Tech Help 

 LLC, Success Capital LLC and Jon Paul Holding LLC 

 entered 3/18/15. 

 Stipulated order for permanent injunction and monetary judgment as to 

John Paul Holdings, Jon-Paul Vasta, Boost Software, Success 

Capital LLC, Elliot Loewenstern, and Amit Mehta entered 2/3/16. 

 Trial scheduled for 7/25/16. 
19 

FTC v. BRACE, No. 1:15-cv-875 (W.D.N.Y.) 

Parties: Kelly S. Brace 

 Braclaire Management, LLC d/b/a Clear Credit Services d/b/a Clear Credit 

Solutions d/b/a Delaware Solutions 

 Credit Clear Solutions, LLC 

 Solidus Group, LLC 

Assigned Attorneys: Matthew J. Wilshire (BCP/ENF) 

 

Alleged Conduct: Violation of Sections 5(a) and the Fair Debt Collection Practices Act in 

connection with deceptive and abusive debt collection practices. 

Status: Complaint filed 10/5/15. 

 TRO entered 10/6/15. 

 Stipulated preliminary injunction entered 12/8/15. 

 

FTC v. BUNZAI MEDIA GROUP, No. 2:15-cv-04527 (C.D. Cal.) 

Parties: Bunzai Media Group, Inc., d/b/a Aura Vie, Miracle Face Kit, 

 Attitude Cosmetics 

 Pinnacle Logistics, Inc. 

 DSA Holdings, Inc. 

 Lifestyle Media Brands, Inc. 

 Agoa Holdings, Inc. 

 Zen Mobile Media, Inc. 

 Safehaven Ventures, Inc. 

 Heritage Alliance Group, Inc. 

 AMD Financial Network, Inc. 

 SBM Management, Inc. 

 Media Urge, Inc. 

 Adageo, LLC 

 Calenergy, Inc. 

 Kai Media, Inc. 

 Insight Media, Inc. 

 Alon Nottea 

 Motti Nottea 

 Doron Nottea 

 Igor Latsanovski 

 Oz Mizrahi 

 Roi Reuveni 

 Kristopher Bond 

 Charlene C. Koonce 

 Focus Media Solutions, Inc. 

 Secured Commerce, LLC 

 Secured Merchants, LLC 
20 

 USM Products, Inc. 

 Merchant Leverage Group 

 DMA Media Holdings, Inc. 

 Shalita Holdings, Inc. 

 All Star Beauty Products, Inc. 

 Alan Argaman 

 Paul Medina 

 Chargeback Armor, Inc. (relief defendant) 

 

Assigned Attorneys: Reid Tepfer (SWR) 

Luis Gallegos 

Raymond McKown 

 

Alleged Conduct: Deceptive acts or practices in violation of Section 5 of the FTC Act, 

the Restore Online Shoppers’ Confidence Act (ROSCA), and the 

Electronic Fund Transfer Act (EFTA). 

Status: Complaint filed 6/15/15. 

TRO entered 6/16/15. 

Stipulated preliminary injunction as to Oz Mizrahi entered 7/23/15. 

Preliminary injunction as to Alon Nottea and Roi Reveni entered 7/23/15. 

Stipulated preliminary injunction as to Doran Nottea and Motti Nottea 

 entered 7/24/15. 

Order that TRO will continue as to defendants Calenergy, 

 Inc. and Igor Latsanovski entered 8/6/15. 

Default as to Adageo, LLC, Agoa Holdings, Inc, Bunzai Media Group, 

 Inc, also doing business as Aura Vie doing business as Miracle Face 

 Kit doing business as Attitude Cosmetics., DSA Holdings, Inc., 

 Heritage Alliance Group, also doing business as Aura Vie 

 Distribution, Inc, Insight Media, Inc., Kai Media, Inc., Lifestyle 

 Media Brands, Inc, Media Urge, Inc, Safehaven Ventures, Inc, SBM 

 Management, Inc, and Zen Mobile Media, Inc. entered by the clerk 

 8/13/15. 

Preliminary injunction as to defendants Igor Latsanovski and Calenergy, 

 Inc. entered 9/9/15. 

Amended complaint filed 10/9/15. 

Trial scheduled for 6/21/16. 

FTC v. CANCER FUND OF AMERICA, No. 2:15-cv-00884 (D. Ariz.) 

Parties: Cancer Fund of America, Inc., d/b/a Breast Cancer Financial 

 Assistance Fund 

 Cancer Support Services, Inc. 

 Children’s Cancer Fund of America, Inc. 

 The Breast Cancer Society, Inc., d/b/a Breast Cancer Society of America 

 James Reynolds, Sr. 

 Kyle Effler 
21 

 Rose Perkins 

 James Reynolds, II, a/k/a James Reynolds, Jr. 

 

Assigned Attorneys: Tracy S. Thorleifson (NWR) 

 Sophie H. Calderon 

 Krista K. Bush 

 Connor Shively 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 of the FTC Act and 

 the Telemarketing Sales Rule in connection with soliciting donations 

 from the public for sham charities. 

Status: Complaint filed 5/18/15. 

Stipulated permanent injunction and monetary judgment against 

 Children’s Cancer Fund of America, The Breast Cancer Society of 

 America, Rose Perkins, Kyle Effler, and James Reynolds, II entered 

 5/22/15. 

 Stipulated amended orders appointing a receiver over The Breast Cancer 

 Society, Inc., and Children’s Cancer Society of America, Inc., 

 entered 5/28/15; orders modified by stipulation 10/15/15. 

 Commission’s motion for preliminary injunction filed 11/18/15. 

 Commission’s motion for TRO filed 12/30/15. 

 Stipulated orders for permanent injunction, monetary judgment and 

appointment of liquidating receiver over Cancer Fund of America, 

Inc., and Cancer Support Services, Inc. filed 2/3/16. 

 

FTC v. CAPITAL ENTERPRISES, INC., No. 1:15-cv-08407 (S.D.N.Y.) 

 

Parties: Capital Enterprises, Inc. f/k/a David Gates, Inc. d/b/a Gordon James 

 Enterprises d/b/a Maxwell Gates Enterprises d/b/a Maxwell Scott 

 Enterprises d/b/a Preston Lord Enterprises d/b/a Warner Daniel 

 Enterprises 

 Java Enterprises, LLC 

 Mason Grace Enterprises, LLC d/b/a Mason Grace Ventures 

 Preston Lord Enterprises of New York, LLC d/b/a Preston Lord 

 Enterprises 

 David S. Brookman 

Assigned Attorneys: Savvas S. Diacosavvas (NER) 

 Darren H. Lubetzky 

 Laura A. Zuckerwise 

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) and the Business 

Opportunity Rule in connection with the marketing of work-at-home 

programs. 
22 

Status: Complaint filed 10/29/15. 

 Stipulated preliminary injunction entered 10/30/15. 

 Ex parte TRO with asset freeze entered 11/3/15. 

 Motion for default judgment against all defendants filed 1/7/16. 

 Order to show cause entered 3/22/16. 

 

FTC v. CAPITAL PAYMENTS, LLC, No. 2:16-cv-00526 (E.D.N.Y.) 

Parties: Capital Payments, LLC n/k/a BlueFin Payment Systems, LLC 

Assigned Attorneys: Darren Lubetzky (NER) 

 Savvas Diacosavvas 

 Brian N. Lasky 

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) of the FTC Act 

 and the Telemarketing Sales Rule in connection with payment processor’s 

 facilitation of telemarketing scheme known as Tax Club. 

Status: Complaint filed 2/2/16. 

 Stipulated order for permanent injunction and monetary judgment entered 

2/3/16. 

FTC v. CAPITOL NETWORK DISTANCE LEARNING, No. 2:16-cv-00350 (D. Ariz.) 

Parties: Capitol Network Distance Learning Programs, LLC 

 Capital Network Digital Licensing Programs, LLC 

 Veritas Sales, Inc. 

 Nicholas A. Pollicino a/k/a Nick Pollicino 

 Anthony J. Calvien 

 Adam F. Pollicino 

Assigned Attorneys: Gregory A. Ashe (BCP/FP) 

 Katharine Roller 

 

Alleged Conduct: Deceptive acts and practices in violation of Sections 5(a) of the 

FTC Act in connection with defendant’s marketing and sale of fake high 

school diplomas. 

Status: Complaint filed 2/8/16. 

 TRO entered 2/17/16. 

FTC v. CD CAPITAL INVESTMENTS, LLC, No. 8:14-cv-1033 (C.D. Cal.) 

Parties: CD Capital Investments, LLC 

 CD Capital, LLC 

 GDS Information Systems, Inc. 
23 

 Christian D. Quezada 

 Mireya Duenas 

 Gabriel Drews Stewart 

 Tuan Dinh Duong a/k/a, Thomas Duong, Andrew Vu, and Kevin Young 

Assigned Attorneys: LaShawn M. Johnson (BCP/FP) 

 Mark L. Glassman 

Alleged Conduct: Deceptive practices in violation of Section 5 and the Mortgage Assistance 

Relief Services Rule in connection with the marketing and sale of 

mortgage assistance relief services. 

Status: Complaint filed 7/7/14. 

 Stipulated preliminary injunction entered 8/21/14. 

Amended complaint adding defendant Tuan Dinh Duong filed 4/2/15. 

Motion for summary judgment by the Commission filed 9/4/15; 

opposition by defendant Tuan Dinh Duong filed 10/2/15; 

Commission’s reply filed 10/8/15. 

FTC v. CHEMENCE, No. 1:16-cv-228 (N.D. Ohio) 

Parties: Chemence, Inc. 

 

Assigned Attorneys: Julia Solomon Ensor (BCP/ENF) 

 Colin D. A. MacDonald 

Alleged Conduct: Deceptive practices in violation of Section 5(a) of the FTC Act in 

connection with misleading “made in USA” claims. 

Status: Complaint filed 2/1/16. 

 

FTC v. CLICK4SUPPORT, LLC, No. 15-3937 (3rd Cir.); No. 2:15-cv-05777 (E.D. Pa.) 

Parties: Click4Support, LLC 

 iSourceUSA d/b/a Click4Support d/b/a UBERTECHSUPPORT 

 Innovacion, LLC d/b/a Click4Support Tech Services 

 Spanning Source, LLC d/b/a Click4Support 

 Bruce Bartolotta a/k/a Bruce Bart 

 George Saab 

 Chetan Bhikhubhai Patel 

 Niraj Patel 

Assigned Attorneys: Fil M. De Banate (ECR) 

 Christopher D. Panek 

 Nicole J. Guinto 
24 

Alleged Conduct: Deceptive acts and practices in violation of 5(a) and the Telemarketing 

 Sales Rule in connection with the defendants’ telemarketing scheme 

 purporting to offer technical support services. 

 

Status: Complaint filed 10/26/15. 

 Ex parte TRO with asset freeze and other equitable relief entered 10/27/15. 

 Preliminary injunction entered 11/10/15. 

 Notice of appeal filed 12/8/15. 

 Appellants’ opening brief due 4/29/16; Commission’s response due 

 5/30/16. 

 

FTC v. COMMERCE PLANET, INC., Nos. 15-55510, 12-57064 (9th Cir.); Nos. 

 8:14-cv-01529, 8:09-cv-01324 (C.D. Cal.) 

Parties: Commerce Planet, Inc. d/b/a Online Supplier 

Michael Hill 

Charles Gugliuzza 

Aaron Gravitz 

Assigned Attorneys: David M. Newman (WRSF) 

Eric D. Edmondson 

Michele Arington (OGC) 

 David Sieradzki 

Alleged Conduct: Unfair and deceptive acts and practices in violation of Section 5 in 

connection with the marketing and sale of Online Auction Starter Kits and 

automatic debiting of monthly charges to consumer credit cards. 

Status: Complaint filed 11/10/09. 

Stipulated final orders for permanent injunction and monetary relief 

against Commerce Planet, Inc., Michael Hill, and Aaron Gravitz 

entered 11/18/09. 

Motion to dismiss as to defendant Charles Gugliuzza filed 1/19/10; 

Commission’s opposition to motion filed 2/1/10; defendants’ reply filed 

2/8/10; order denying defendants’ motion to dismiss entered 

2/12/10. 

Defendant Charles Gugliuzza’s answer impleading Superfly Advertising, 

Inc. (a Delaware corporation) and Superfly Advertising, Inc. (an 

Indiana corporation) as third-party defendants filed 4/16/10; 

amended answer adding counterclaim against Commission filed 

5/4/10. 

Motion to dismiss Charles Gugliuzza’s counterclaim filed 5/25/10; 

Gugliuzza’s opposition filed 6/21/10; Commission’s reply filed 

6/28/10. 
25 

Motion to dismiss third-party defendant Superfly Advertising, Inc. filed 

6/22/10; Gugliuzza’s opposition filed 7/19/10; reply by third-party 

defendant Superfly Advertising, Inc. filed 7/26/10. 

Order granting third-party defendant Superfly Advertising’s motion to 

dismiss entered 8/5/10. 

Amended third-party complaint against counter defendants Superfly 

Advertising, Inc. (an Indiana corporation) and Superfly 

Advertising, Inc. (a Delaware corporation) by defendant Charles 

Gugliuzza filed 8/25/10. 

Motion to dismiss first amended third-party complaint by third-party 

defendant Superfly Advertising, Inc. filed 9/15/10; order granting 

motion entered 10/27/10. 

Second amended third-party complaint against counter defendants 

Superfly Advertising, Inc. (an Indiana corporation) and Superfly 

Advertising, Inc. (a Delaware corporation) by defendant Charles 

Gugliuzza filed 11/16/10. 

Motion to dismiss second amended third-party complaint by third-party 

defendant Superfly Advertising, Inc. filed 11/29/10; order granting 

motion entered 12/28/10. 

Motion for summary judgment by defendant Charles Gugliuzza filed 

4/22/11. 

First amended complaint for permanent injunction and other equitable 

relief filed 6/29/11. 

 Defendant Charles Gugliuzza’s motion for summary judgment filed 

 7/27/11; 

 Commission’s opposition filed 8/22/11; reply filed 8/29/11; order 

 denying motion for summary judgment entered 9/8/11. 

Trial held 1/31/12-2/28/12. 

Post-trial briefs submitted 3/23/12. 

Appellant filed his reply 1/31/14. 

Memorandum of decision in favor of the Commission and directing 

Commission to file proposed permanent injunction and judgment 

entered 6/22/12. 

Final order and permanent injunction as to all defendants entered 7/17/12. 

Defendant Charles Gugliuzza’s notice of appeal filed 11/13/12. 

Appellant’s opening brief filed 7/5/13; Commission’s answering brief 

filed 11/18/13; appellant’s reply brief filed 1/31/14. 

Notice of defendant Charles Gugliuzza’s appeal to the 9th Circuit filed 

9/6/14. 

Order dismissing appeal as duplicative of pending appeal 12-57064 

entered 9/19/14; Gugliuzza’s motion for reconsideration filed 

9/25/14; motion denied 3/3/16. 

Notice regarding appeal (No. 8:14-cv-01529) from bankruptcy court’s 

ruling that Gugliuzza’s debt to the Commission is 

nondischargeable entered 9/22/14. 
26 

Gugliuzza’s opening brief in bankruptcy appeal filed 12/5/14; 

Commission’s answering brief due 1/16/15; Gugliuzza’s reply 

brief due 1/30/15. 

Oral argument in merits appeal held 2/9/15. 

Oral argument in district court regarding bankruptcy appeal held 2/26/15. 

Order by district court affirming in substantial part and reversing in part 

the bankruptcy court’s order on nondischargeability entered 

3/12/15. 

Notice of appeal by Gugliuzza filed 4/2/15. 

 Appellant’s opening brief filed 8/7/15; Commission’s brief filed 11/5/15; 

 appellant’s reply brief filed 12/8/15. 

Opinion of the Ninth Circuit affirming district court’s determination of 

liability and authority under Section 13(b) to hold Gugliuzza 

jointly and severally liable for consumer losses, but vacating in 

part and remanding for clarity whether basis for monetary award 

was joint and several liability, entered 3/3/16. 

 

FTC v. CONSTRUCT DATA PUBLISHERS, No. 13-cv-1999 (N.D. Ill.) 

Parties: Construct Data Publishers d/b/a Fair Guide 

 Wolfgang Valvoda 

 Susanne Anhorn 

Assigned Attorneys: Guy G. Ward (MWR) 

 Roberto Menjivar 

 Joseph Einikis 

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) in connection 

with the advertising, marketing, promotion, offering for sale, or sale of 

internet directory listings. 

Status: Complaint filed 3/14/13. 

 Ex parte TRO with asset freeze and other equitable relief entered 3/15/13. 

 Preliminary injunction as to all defendants entered 4/17/13. 

 Default judgment as to all defendants entered 2/11/14. 

 Motion to vacate default judgment filed by all defendants 3/11/14. 

 Order vacating default judgment entered 12/9/14. 

 Commission’s motion to reconsider filed 1/6/15; motion denied 3/16/16. 

 Order granting stay as to defendant Valvoda in light of his recent 

 indictment entered 4/10/15. 

 Default judgment as to defendant Construct Data entered 3/16/16.

 
27 

FTC v. CONSUMER COLLECTION ADVOCATES, CORP., No. 15-14437 (11th Cir.); No. 

 0:14-cv-62491 (S.D Fla.) 

Parties: Consumer Collection Advocates, Corp. 

 Michael R. Ettus 

Assigned Attorneys: Barbara E. Bolton (SER) 

 Matthew Hoffman (OGC) 

Alleged Conduct: Deceptive practices in violation of Section 5(a) of the FTC Act and the 

Telemarketing Sales Rule in connection with recovery services claiming 

to collect funds consumers previously lost to telemarketing fraud. 

Status: Complaint filed 11/3/14. 

 Stipulated preliminary injunction entered 11/17/14. 

Commission’s motion for summary judgment filed 7/24/15; defendant’s 

 response filed 8/17/15; reply filed 8/27/15. 

Summary judgment granted 9/08/15. 

 Permanent injunction and monetary judgment entered 9/28/15. 

 Notice of appeal filed 10/2/15. 

 Appellants’ opening brief filed 3/24/16. 

FTC v. CONSUMER HEALTH BENEFITS ASS’N, No. 1:10-CV-03551 (E.D.N.Y.) 

Parties: Consumer Health Benefits Association John Schwartz 

Jeffery Burman Barbara Taube 

Century Senior Services Rita B. Werner 

Guarantee Trust Life Insurance Ronald K. Werner 

Richard Holson III Vantage America Solutions 

Louis Leo Windi Tow 

National Association for Americans 

National Benefits Consultants, LLC 

National Benefits Solutions, LLC 

 

Assigned Attorneys: Karen A. Dahlberg (NER) 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 and the 

Telemarketing Sales Rule in connection with defendants’ marketing, 

distribution, and sale of medical discount plans. 

Status: Complaint filed 8/03/10. 

Stipulation and order modifying ex parte TRO as to defendant Louis Leo 

entered 8/25/10. 

Stipulation and order modifying ex parte TRO as to defendants Ron 

Werner and Rita Werner entered 8/25/10.
28 

Stipulated preliminary injunction order as to defendant Louis J. Leo 

entered 9/21/10. 

Stipulated preliminary injunction as to defendants Ron Werner and Rita 

Werner entered 10/01/10. 

Preliminary injunction as to corporate defendants entered 10/5/10. 

Clerk’s entry of default as to corporate defendants 11/15/10. 

Stipulation and order modifying the preliminary injunction order as to 

defendants Louis Leo, Rita and Ronald Werner entered 3/31/11. 

Commission’s motion for leave to amend complaint naming additional 

defendants filed 5/06/11; magistrate judge’s decision granting 

motion entered 8/18/11. 

Appeals of magistrate judge’s decision by proposed defendants filed 

9/06/11. 

Commission’s amended complaint filed 10/13/11. 

Motions to dismiss by filed 11/22/11; Commission’s response in 

opposition filed 12/13/11. 

Orders denying all motions to dismiss entered 5/23/12 & 5/24/12. 

Commission’s motion for summary judgment filed 7/23/2013; opposition 

by John Schwartz and Wendi Tow filed 8/30/13 and 11/7/13; 

partial oppositions by Rita Brum Werner, Ronald Kent Werner, 

Jeffrey Burman, Century Senior Services, Guarantee Trust Life 

Insurance Company, Richard Holson, III, Barbara Taube, Vantage 

America Solutions, Inc. filed 11/6/13; cross-motions for summary 

judgment by Rita Werner, GTL, Vantage, Century, Rick Holson, 

Jeff Burman, and Barbara Taube filed 9/4/13, 9/5/13 and 9/6/13. 

 Order granting motion by the Commonwealth of Massachusetts to modify 

 the stipulated order of preliminary injunction entered 12/5/13. 

FTC v. COORGA NEUTRACEUTICALS, No. 2:15-cv-00072 (D. Wy.) 

Parties: Coorga Neutraceuticals Corp. 

 Garfield Coore 

Assigned Attorneys: Elizabeth Nach (BCP/AP) 

 

Alleged Conduct: Deceptive acts or practices in connection with the labeling, advertising, 

marketing, distribution, and sale of a dietary supplement in violation of 

Sections 5(a) and 12 of the FTC Act. 

Status: Complaint filed 5/13/15.

FTC v. DAYTON FAMILY PRODUCTIONS, INC., No. 13-17448 (9thCir.); No. 2:97-cv00750 (D. Nev.) 

Parties: Glen E. Burke d/b/a American Health Associates, LLC 

Assigned Attorneys: Reenah L. Kim (BCP/ENF) 
29 

 Sarah Waldrop 

Joel Marcus-Kurn (OGC) 

Blaine T. Welsh (AUSA) 

Alleged Conduct: Deceptive acts and practices in violation of a 1998 order for permanent 

injunction in connection with telemarketing, by misrepresenting to 

consumers that they have won a valuable prize and requiring payment in 

order to retrieve the alleged prize. 

Status: Complaint filed 6/20/97. 

 Permanent injunction entered 10/1/98. 

 Motion for contempt and stipulated preliminary injunction filed 

 1/28/13. 

 Order granting preliminary injunction entered 3/5/13. 

Hearing held 9/5/13. 

Order finding civil contempt liability entered 9/27/13. 

Notice of appeal filed 11/26/13. 

 Commission’s motion in district court for an indicative ruling and to 

 clarify judgment filed 2/10/14. 

 Commission’s motion in court of appeals to suspend briefing schedule 

and stay proceeding filed 2/11/14; order by court of appeals 

staying case entered 2/14/14. 

Commission’s motion in court of appeals for remand filed 3/4/14; 

 order remanding case entered 3/14/14. 

Order by district court reaffirming its 9/27/13 order of contempt entered 

 7/28/14. 

Appellant’s opening brief filed 10/23/14; Commission’s answering brief 

 filed 12/24/14; appellant’s reply brief filed 12/31/14. 

 Judgment reversed by memorandum disposition entered 6/11/15. 

 Amended clerk’s judgment against the defendant entered 8/18/15. 

 Order finding defendant in contempt of order and to pay contempt 

sanctions entered 3/16/16. 

FTC v. DEBTPRO 123, LLC, No. 8:14-cv-0693 (C.D. Cal.) 

Parties: Debtpro 123, LLC 

 Allstar Processing Corp. 

 Allstar Debt Relief, LLC 

 Redwave Management Group 

 BET Companies, Inc. 

 Bryan E. Taylor a/k/a B. Edward Taylor 

 Ryan Foland a/k/a R Eugene Foland 

 Stacey Frion 

 Kara Taylor 

 

Assigned Attorneys: Michelle Schaefer (BCP/ENF) 
30 

Stacy Rene Procter (WRLA) 

 

Alleged Conduct: Unfair and deceptive acts and practices in violation of Section 5 of the 

 FTC Act, the Telemarketing Sales Rule, and the Credit Repair 

Organization 

 Act in relation to advertising and business practices by credit repair 

 organizations. 

Status: Complaint filed 5/2/14. 

 Default by clerk as to defendant Allstar Debt Relief entered 6/5/15. 

Default by clerk as to defendants DebtPro 123, Allstar Processing Corp., 

 and BET Companies entered 6/30/15. 

Default entered as to Redwave Management Group, Inc. 7/2/15. 

Motion for stipulated permanent injunction and monetary judgment as to 

 Bryan Taylor, Ryan Foland, Stacey Frion, and Kara Taylor filed 

 9/29/15. 

Stipulated orders for permanent injunction and monetary judgment against 

 defendants Kara Taylor, Ryan Foland, Bryan Taylor, and 

 Stacey Frion entered 10/14/15. 

Motion for default judgment against defendants DebtPro 123, Allstar 

Processing Corp., Allstar Debt Relief LLC, Redwave Management 

Group, Inc., BET Companies, Inc filed 3/10/16. 

FTC v. DENNY LAKE, No. 8:15-cv-00585 (C.D. Cal.) 

Parties: Denny Lake d/b/a JD United d/b/a U.S. Crush d/b/a Advocacy Division 

 d/b/a Advocacy Department d/b/a Advocacy Agency d/b/a 

 Advocacy Program 

 Chad Caldaronello a/k/a Chad Carlson a/k/a Chad Johnson 

 C.C. Enterprises, Inc. d/b/a Hope Services d/b/a Trust Payment Center 

 d/b/a Retention Divisions 

 Derek Nelson a/k/a Dereck Wilson 

 D.N. Marketing, Inc. d/b/a Hamp Services d/b/a Trial Payment Processing 

 Brian Pacios a/k/a Brian Barry a/k/a Brian Kelly 

Justin Moreira a/k/a Justin Mason a/k/a Justin King a/k/a Justin Smith 

 Cortney Gonsalves (relief-defendant) 

Assigned Attorneys: Miriam R. Lederer (BCP/ENF) 

Jonathan Cohen 

John D. Jacobs (WRLA) 

Alleged Conduct: Deceptive practices in violation of Section 5(a) of the FTC Act, the 

Mortgage Assistance Relief Services Rule, and the Telemarketing Sales 

Rule in connection with the marketing and sale of mortgage assistance 

relief services. 
31 

Status: Complaint filed 4/14/15. 

Ex parte TRO with asset freeze entered 4/16/15. 

 Preliminary injunction entered 5/13/15. 

 Default as to C.C. Enterprises, Inc. entered 7/24/15. 

Motion for stipulated permanent injunction as to Chad 

 Caldaronello, Justin Moreira, and Brian Pacios filed 10/30/15. 

 Stipulated orders for permanent injunction and monetary judgment against 

 defendants Justin Moreira and Chad Caldaronello entered 11/4/15. 

 Stipulated orders for permanent injunction and monetary judgment against 

 defendants Derek Nelson and Cortney Gonsalves entered 12/4/15. 

FTC v. DEVRY EDUCATION GROUP, INC., No. 2:16-cv-579 (C.D. Cal.) 

Parties: Devry Education Group, Inc. f/k/a DeVry, Inc. 

 Devry University, Inc. 

 Devry/New York, Inc. 

Assigned Attorneys: Christina V. Tusan (WRLA) 

 John D. Jacobs 

 Thomas J. Syta 

 Barbara Chun 

 Faye Chen Barnouw 

 Yan Fang (WRSF) 

 Sarah E. Schroeder 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act in 

 connection with the advertisement and promotion of defendant’s degree 

programs. 

 

Status: Complaint filed 1/27/16. 

FTC v. DILL, No. 2:16-cv-00023 (D. Me.) 

Parties: Anthony Dill 

 Staci Dill 

 Direct Alternatives 

 Original Organics LLC 

Assigned Attorneys: James A. Prunty (BCP/AP) 

 David P. Frankel 

 Carolyn L. Hann 

Alleged Conduct: Deceptive acts or practices in violation of Sections 5(a) and 12 of the FTC 

Act, the Electronic Fund Transfer Act, and its implementing Regulation E, 

in connection with the marketing and sale of purported weight-loss 

products. 
32 

Status: Complaint filed 1/19/16. 

 Stipulated final judgment and order for permanent injunction filed 2/5/16. 

FTC v. DIRECTV, INC., No.3:15-cv-01129 (N.D. Cal.) 

Parties: DirecTV, Inc. 

 DirecTV, LLC 

Assigned Attorneys: Eric D. Edmondson (WRSF) 

 Boris Yankilovich 

 Erika R. Wodinsky 

 Jacob A. Snow 

 Raymond E. McKown (WRLA) 

 Stacy R. Procter 

Alleged Conduct: Deceptive acts and practices in violations of Section 5(a) of the FTC Act 

and Section 4 of the Restore Online Shoppers’ Confidence Act in 

connection with the advertising, marketing, and sale of multi-channel 

video programming subscription service. 

Status: Complaint filed 3/11/15. 

 Motion for partial summary judgment by DirectTV filed 10/13/15; 

Commission’s response filed 11/24/15; DirectTV’s reply filed 

1/25/16. 

 Oral argument on partial motion for summary judgment held 3/4/16. 

FTC v. DISCOUNT METALBROKERS, INC., No. 2:16-cv-2112 (C.D. Cal.) 

Parties: Discountmetalbrokers, Inc. f/k/a Discount Gold Brokers, Inc., Discount 

 Discount Metal Brokers, Inc. d/b/a Discount Gold Brokers, North 

 American Discount Gold.com 

 Donald Lee Dayer d/b/a Lee Dayer 

 Katherina Dayer 

 Michael Berman 

 

Assigned Attorneys: Megan A. Bartley (BCP/ENF) 

 Elizabeth J. Averill 

 Maricela Segura (WRLA) 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act 

 and the Merchandise Rule in connection with the advertisement and sale 

 of gold and silver. 

Status: Complaint filed 3/29/16. 
33 

FTC v. E.M. SYSTEMS & SERVICES, LLC, No. 8:15-cv-1417 (M.D. Fla.) 

Parties: E.M. Systems & Services, LLC 

 Administrative Management & Design, LLC 

 KLS Industries, LLC, d/b/a Satisfied Service Solutions, LLC 

 Empirical Data Group Technologies, LLC 

 Epiphany Management systems, LLC 

 Steven D. Short 

 Karissa L. Dyar 

 One Easy Solution LLC 

 Christopher Miles 

 Jason E. Gagnon 

 Kenneth A. Sallies 

 Matthew B. Thomas 

 Cardready, LLC 

 Brandon A. Becker 

 James F. Berland 

 Andrew S. Padnick 

Assigned Attorneys: Nicholas May (SER) 

 Anna Burns 

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) of the FTC Act 

 and the Telemarketing Sales Rule in connection with a debt relief scam. 

Status: Complaint filed 6/16/15. 

 TRO entered 6/17/15. 

 Stipulated preliminary injunction entered 6/30/15. 

 Order referring case to mediation entered 8/19/15. 

 Amended complaint filed 12/21/15. 

FTC v. EMERICA MEDIA CORPORATION, Nos. 9:15-cv-57; 9:13-cv-00003 (D. Mont.) 

Parties: Emerica Media Corporation 

 Global Voice Mail, Ltd. 

 Network Assurance, Inc. 

 Techmax Solutions, Inc. 

 Voice Mail Professionals, Inc. 

 Steven V. Sann 

 Terry D. Lane, a/k/a Terry D. Sann 

 Nathan M. Sann 

 Robert M. Braach 

 Bibliologic, Ltd. 

 American eVoice, Ltd. 

 FoneRight, Inc. 

 HearYou2, Inc. 
34 

 SecuraDat, Inc. 

 

Assigned Attorneys: Richard McKewen (NWR) 

Michael Mora (BC/ENF) 

Michael D. Bergman (OGC) 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 in connection with 

recurring charges on consumers’ monthly telephone bills for 

telecommunications services that consumers neither requested nor 

authorized. 

Status: Complaint filed 1/8/13. 

 Stipulated preliminary injunctions as to all defendants entered 5/8/13. 

Order staying the case until at least 7/8/13, pending developments in a 

 parallel criminal investigation entered 5/9/13. 

Order staying the case pending the resolution of a parallel criminal 

 prosecution entered 9/24/13. 

Stipulated permanent injunction order and monetary relief as to defendant 

 Nathan M. Sann entered 11/25/14. 

Notice of appeal by Steven Vincent Sann from bankruptcy court order 

converting case from chapter 11 to chapter 7 proceeding filed 

5/13/15. 

Appellants’ brief filed 7/13/15; Commission’s response brief filed 9/2/15; 

 appellants’ reply brief filed 10/13/15. 

Steven Sann sentenced to 24 months in prison 7/17/2015. 

 Order granting the Commission’s motion to modify the asset freeze and 

 motion to lift the stay entered 8/20/15. 

 Stipulated permanent injunction and monetary judgment as to Bibliologic 

 filed 3/31/16. 

Trial scheduled for 3/17. 

FTC v. ENDO PHARMACEUTICALS, No. 2:16-cv-01440 (E.D. Pa.) 

Parties: Endo Pharmaceuticals, Inc. 

 Endo International, PLC 

 Teikoku Pharma USA, Inc. 

 Teikoku Seiyaku Co., Ltd. 

 Watson Laboratories, Inc. 

 Allergan, PLC 

 Impax Laboratories, Inc. 

Assigned Attorneys: Marcus H. Meier (BC) 

 Bradley S. Albert 

 J. Maren Schmidt 

 Eric M. Sprague 

 Synda Mark 
35 

 Daniel S. Bradley 

 Jamie R. Towey 

Alleged Conduct: Unfair acts or practices in violation of Section 5(a) of the 

 FTC Act and an acquisition in violation of Section 7 of the Clayton Act in 

 connection with anticompetitive reverse-payment agreements. 

Status: Complaint filed 3/30/16. 

 

FTC v. EWING, No. 2:14-cv-0683 (D. Nev.) 

Parties: Crystal Ewing 

 Classic Productions, LLC 

 Health Nutrition Products, LLC d/b/a W8-B-Gone, Quick & Easy 

 Howard Raff, a/k/a Howard Bruce 

 David Raff 

 Omni Processing Center 

 MBE Management, LLC 

 Shirley Murphy 

 Ronald Boyde 

 Global Access Management Systems, Inc. 

 Ricki Black 

Assigned Attorneys: Alejandro Rosenberg (BCP/ENF) 

 Elsie B. Kappler 

 Korin Ewing Felix 

Alleged Conduct: Violations of Sections 5(a) and 12 of the FTC act in connection with the 

 advertising, marketing and sale of purported weight loss pills. 

Status: Complaint filed 5/1/14. 

 Default judgment as to defendants Ricki Black and Global Access 

 Management Systems, Inc. entered 6/23/14; defendants’ motion to 

set aside entry of default judgment filed 6/26/14; Commission’s 

 stipulation of no opposition to Ricki Blacki only filed 7/8/14; 

 Stipulated summary judgment as to Ricki Black entered 7/22/15. 

 Commission’s motion for summary judgment filed 7/1/15. 

 Default judgment as to Omni Processing Center and MBE Management, 

LLC entered 7/18/14. 

Responses to Commission’s motion for summary judgement filed 7/23/15; 

 Commission’s reply filed 8/10/15. 

Stipulated consent judgments as to Crystal Ewing, Classic Productions 

 LLC, and Ricki Black filed 11/2/15. 

Stipulated final judgment and order for permanent injunction as to Crystal 

Ewing and Classic Productions entered 3/16/16. 

Stipulated final judgment and order for permanent injunction as to Ricki 
36 

Black entered 3/17/16. 

Order granting Commission’s motion for summary judgment entered 

3/30/16. 

FTC v. FEDERAL CHECK PROCESSING, INC., No. 1:14-cv-0122 (W.D.N.Y.) 

Parties: Federal Check Processing, Inc. 

 Federal Recoveries, LLC 

 Federal Processing Services, Inc. 

 Federal Processing, Inc. 

 United Check Processing , Inc. 

 Central Check Processing, Inc. 

 Central Processing Services, Inc. 

 Nationwide Check Processing, Inc. 

 American Check Processing, Inc. 

 State Check Processing, Inc. 

 Check Processing, Inc. 

 US Check Processing, Inc. 

 Flowing Streams, F.S., Inc. 

 Mark Briandi 

 William Moses 

 Empowered Racing, LLC, Relief Defendant 

Assigned Attorneys: Katherine M. Worthman (BCP/FP) 

 Colin A. Hector 

Alleged Conduct: Deceptive acts or practices in violation of Section 5 and the Fair Debt 

Collection Practices Act in connection with debt collection operation. 

 

Status: Complaint filed 2/24/14. 

 Ex parte TRO entered 3/24/14. 

 Stipulated preliminary injunction entered 3/25/14. 

 Motion for summary judgment by Commission filed 8/27/15; opposition 

 by William Moses filed 11/4/15; opposition by Mark Briandi filed 

 12/3/15; Commission’s reply filed 1/12/16. 

 

FTC v. GERBER PRODUCTS, CO., No. 2:14-cv-06771 (D.N.J.) 

Parties: Gerber Products Co., d/b/a Nestle Nutrition, d/b/a Nestle Infant Nutrition, 

 d/b/a Nestle Nutrition North America 

Assigned Attorneys: Victor V. DeFrancis (BCP/AP) 

Michelle K. Rusk 

Ella Krainsky 

Andrew David Wone 
37 

Alleged Conduct: Deceptive acts and practices in violation of Sections 5(a) and 12 of the 

FTC Act in connection with the labeling, advertising, marketing, 

distribution, and sale of an infant formula purporting to prevent allergies. 

Status: Complaint filed 10/29/14. 

 Case stayed until 2/25/16. 

 Order extending stay of case entered 3/1/16. 

FTC v. GOOD EBUSINESS, LLC, No. 2:16-cv-01048 (C.D. Cal.) 

Parties: Good EBusiness, LLC d/b/a AAP Firm, Student Loan Help Direct, Select 

 Student Loan 

 Select Student Loan Help, LLC 

 Select Document Preparation, Inc. 

 Tobias West a/k/a Tobey West, Toby West, Eric West 

 Komal West 

 Beverly Hills Tax Group, LLC (relief defendant) 

Assigned Attorney: Eleanor Durham (NWR) 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act and 

 the Telemarketing Sales Rule in connection with the marketing and sale of 

 student loan debt relief services and mortgage assistance relief services. 

Status: Complaint filed 2/16/16. 

 Preliminary injunction with asset freeze and other equitable relief as to 

 defendants Komal and Tobias West entered 2/29/16. 

 Preliminary injunction with asset freeze and other equitable relief as to 

 defendants Good Ebusiness, LLC, Select Student Loan 

 Help, LLC and Select Document Preparation, Inc. entered 3/1/16. 

 Amended complaint filed 3/8/16. 

 Extension of asset freeze over relief defendant Beverly Hills Tax Group, 

 LLC entered 3/9/16. 

 

FTC v. HEALTH FORMULAS, LLC, No. 2:14-cv-01649 (D. Nev.) 

Parties: Health Formulas, LLC, d/b/a Simple Pure Nutrition 

Pure Vitamins, LLC 

Longhorn Marketing, LLC, d/b/a Men’s Health Formulas, LLC, Life 

 Vitamins, and Unleash the Thunder 

Method Direct, LLC, d/b/a Extamax, LLC, Vitaman Labs, Inc., Vitafit, 

 and Playboy offer/DVD entertainment 

Weight Loss Dojo, LLC, d/b/a Fitness Dvds 

VIP Savings, LLC, d/b/a VIP Savings Center 

DJD Distribution, LLC 
38 

MDCC, LLC, d/b/a Method Direct Call Center 

Chapnick, Smuckler & Chapnick, Inc. 

Brandon Chapnick 

Keith Smuckler 

Danelle Miller 

Jason Miller 

458 Media LLC; 

Alpha Brands, LLC; 

Blu Stella, LLC; 

Brilliant Skin LLC; 

Discount Provisions L.L.C.; 

Extamax, LLC; 

F12 Media LLC; 

Flex Formulas, LLC; 

GCB Marketing LLC; 

Luminous Skin LLC; 

Men’s Health Formulas, LLC; 

Metabolic Labs, LLC; 

Miracle Male, LLC; 

Moringa Marketing LLC; 

Northbound Marketing LLC; 

Skinny 7 LLC; 

Wellness Labs, LLC; 

Yacon Marketing LLC; 

Barrel Roll, LLC; 

BSC Marketing, LLC; 

Cherry Hill Marketing, LLC; 

CSA Ventures, LLC; 

Diet Concepts, LLC; 

Health Products Direct LLC; 

KMS Marketing LLC; 

Natural Products Direct LLC; 

Northern Health Products LLC; 

Pure and Natural Health Products LLC; 

Pure and Simple Health Products LLC; 

Radiant Skin LLC; 

Shimmering Skin LLC; 

Tindy Films LLC; 

Wellness Products, LLC; 

Method Films, Inc. 

Assigned Attorneys: Danielle Estrada (BCP/MP) 

Melissa Dickey 

Alleged Conduct: Deceptive acts and practices in violation of Sections 5 and 12 of the FTC 

Act, the Electronic Fund Transfer Act, the Restore Online Shoppers 
39 

Confidence Act, Regulation E, and the Telemarketing Sales Rule in 

connection with “free” trials and buy-one-get-one offers of health and 

cosmetic products. 

Status: Complaint filed 10/7/14. 

TRO and other equitable relief granted 10/9/14. 

Stipulated preliminary injunction as to defendants Chapnick, Smukler & 

 Chapnick, Inc., Brandon Chapnick, and Keith Smukler entered 

 11/17/14. 

Amended Complaint filed 2/5/15. 

Preliminary injunction as to defendants Health Formulas, LLC; Pure 

 Vitamins, LLC; Longhorn Marketing, LLC; Method Direct, 

 LLC;Weight Loss Dojo, LLC; VIP Savings, LLC; DJD 

 Distribution, LLC; MDCC, LLC; Jason Miller; and Danelle Miller, 

 and extension of asset freeze as to remaining defendants entered 

 5/6/15. 

Stipulated consent judgment filed 12/22/15. 

Order granting stipulation for permanent injunction and monetary 

judgment as to defendants Chapnick, Smukler & Chapnick, Inc., 

Brandon Chapnick, and Keith Smukler entered 2/17/16. 

Order granting joint motion to stay as to Miller defendants pending 

completion of proposed settlement entered 3/10/16. 

FTC v. HOLD BILLING SERVICES, LTD., No. 5:98-cv-00629 (W.D. Tex.) 

Parties: Hold Billing Services, Ltd. 

HBS, Inc. 

Avery Communications, Inc. 

Veterans of America Association, Ltd. 

Thomas M. Lyons 

Keith C. Calil 

Milford H. Balaban 

Billings Services Group Limited (Contempt Defendant) 

Billing Services Group North America, Inc. (Contempt Defendant) 

HBS Billing Services Company (Contempt Defendant) 

Enhanced Billing Services, Inc.(Contempt Defendant) 

Billing Concepts, Inc. (Contempt Defendant) 

ACI Billing Services, Inc. (Contempt Defendant) 

Assigned Attorneys: Douglas Wolfe (BCP/ENF) 

Alleged Conduct: Unfair and deceptive billing practices in cramming bills for services upon 

telephone line subscribers in sweepstakes promotion. 

Status: Complaint filed 7/15/98. 

Stipulated final judgments entered 9/22/99.

Contempt motion against Billings Services Group Limited, Billing 
40 

Services Group North America, Inc., HBS Billing Services 

Company, Enhanced Billing Services, Inc., Billing Concepts, Inc., 

and ACI Billing Services, Inc. filed 3/28/12; contempt defendants’ 

oppositions filed 4/30/12; Commission’s reply filed 5/15/12. 

Order conditionally granting Commission’s motion for order to show 

cause regarding contempt entered 3/26/13; further proceedings, 

including resolution of the contempt motion, referred to Magistrate 

Judge. 

Order referring case to mediation entered 7/8/13; mediation completed by 

9/18/13. 

Evidentiary hearing held 11/4/13 to 11/14/13. 

Report and recommendation of magistrate judge to grant in part 

Commission’s motion for contempt entered 3/27/14. 

 Order granting joint motion to stay case entered 3/22/16. 

FTC v. IDEAL FINANCIAL SOLUTIONS, No. 2:13-cv-00143 (D. Nev.) 

Parties: Ideal Financial Solutions, Inc. 

 Ascot Crossing, LLC 

 Bracknell Shore, Ltd. 

 Chandon Group, Inc. 

 Avanix, LLC 

 Fiscal Fitness, LLC 

 Steven Sunyich 

 Michael Sunyich 

 Christopher Sunyich 

 Shawn Sunyich 

 Melissa Sunyich Gardner 

 Kent Brown 

 Shane Mosher 

 Jared Mosher 

 Thomas W. McNamara 

Assigned Attorneys: Megan Bartley (BCP/ENF) 

 Richard Michael Waller 

 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 in connection with a 

scheme to debit and charge consumers without authorization. 

Status: Complaint filed 1/28/13. 

 TRO entered 1/30/13. 

 Preliminary injunction entered 2/15/13. 

 FTC’s amended complaint and motion for preliminary injunction and asset 

 freeze against Jared Mosher filed 4/10/13. 

 Preliminary injunction and asset freeze against Jared Mosher entered 

 5/10/13. 
41 

Settlement agreement between the Commission and Shawn Sunyich filed 

 3/12/14. 

 Commission’s motion for summary judgment filed 3/19/14. 

Consent judgment and permanent injunction against defendants Kent 

 Brown and Shawn Sunyich entered 6/5/14. 

 Default judgment entered against Ascot Crossing, LLC, Avanix, LLC, 

 Bracknell Shore, Ltd., Chandon Group, Inc., Fiscal Fitness, LLC, 

 and Ideal Financial Solutions entered 6/6/14. 

 Order granting summary judgement on liability but denying summary 

 judgment on remedy as to defendants Steven Sunyich, Chris 

 Sunyich, Michael Sunyich, Melissa Sunyich Gardner, and Jared 

 Mosher entered 6/30/15. 

 Commission’s motion for default judgment against corporate defendants 

filed 7/30/15; order granting motion for default judgment in part 

filed 2/23/15. 

 Commission’s motion for summary judgment for monetary and injunctive 

relief against Steven Sunyich, Chris Sunyich, Jared Mosher, 

Michael Sunyich, and Melissa Sunyich Gardner filed 7/30/15; 

responses by Michael Sunyich, Melissa Sunyich Gardner, Steven 

Sunyich filed 8/20/15; response to motion for summary judgment 

by Christopher Sunyich filed 8/24/15; reply filed 9/3/15. 

Clerk’s judgment for equitable monetary relief against defendants 

Christopher Sunyich, Melissa Sunyich Gardner, Michael Sunyich, 

Steven Sunyich, Ascot Crossing, Avanix, Bracknell Shore, 

Chandon Group, Fiscal Fitness, and Ideal Financial Solutions 

entered 2/25/16. 

 Clerk’s judgment for equitable monetary relief against defendant Jared 

Mosher entered 2/25/16. 

Order granting Commission’s motion for summary judgment in part 

entered 2/23/16 

FTC v. INBOUND CALL EXPERTS, LLC, No. 9:14-cv-81395 (S.D. Fla.) 

Parties: Inbound Call Experts, LLC 

 Advanced Tech Supportco, LLC 

 PC Vitalware, LLC 

 Super PC Support, LLC 

 Robert D. Deignan 

 Justin M. Wright 

 PC Cleaner, Inc. 

Netcom3 Global, Inc. 

Netcom3, Inc. d/b/a Netcom3 Software, Inc. 

Cashier Myricks, Jr. a/k/a Cashier Myrick 

Paul M. Herdsman 

Assigned Attorneys: Colleen B. Robbins (BCP/MP) 

 Emily C. Burton 
42 

Alleged Conduct: Deceptive practices in violation of Section 5(a) of the FTC Act and the 

Telemarketing Sales Rule in connection with the marketing, advertising, 

and sale of computer security or technical support services. 

Status: Complaint filed 11/10/14. 

 TRO entered 11/12/14. 

 Order granting preliminary injunction entered 12/23/14. 

 Amended complaint filed 1/20/15. 

 Joint motion to stay proceedings as to defendants PC Cleaner, Netcom3 

Global, Netcom3, and Cashier Myricks for 30 days entered 3/1/16; 

order granting motion entered 3/2/16. 

 Joint motion to stay proceedings as to defendants PC Cleaner, Netcom3 

Global, Netcom3, and Cashier Myricks until May 6, 2016 filed 

3/31/16. 

 Trial scheduled for 9/19/16. 

FTC v. INFUSION MEDIA, INC, No. 14-16485 (9th Cir.); No. 2:09-cv-01112 (D. Nev.) 

Parties: Infusion Media, Inc., d/b/a Google Money Tree, Google Pro, Internet 

 Income Pro and Google Treasure Chest 

 West Coast Internet Media, Inc., d/b/a Google Money Tree, Google Pro, 

 Internet Income Pro and Google Treasure Chest 

 Two Warnings, LLC 

 Two Part Investments, LLC 

 Platinum Teleservices, Inc. 

 Jonathan Eborn 

 Stephanie Burnside 

 Michael McLain Miller 

 Tony Norton 

Assigned Attorneys: Benjamin Theisman (BCP/ENF) 

 Michael Davis 

 Michael Bergman (OGC) 

Alleged Conduct: Violations of Section 5(a) of the FTC Act, the Electronic Fund Transfer 

 Act and Regulation E, in connection with home business opportunity kits. 

Status: Complaint filed 6/22/09. 

 Stipulated consent judgment and order for permanent injunction and other 

 equitable relief entered 10/4/10. 

 Commission’s motion to enter judgment holding defendant, Jonathan 

 Eborn liable for full monetary judgment filed 3/25/14; defendant’s 

 response to motion filed 4/11/14; Commission’s reply filed 

 4/18/14; Commission’s motion for leave to file amended response 

 filed 4/18/14; order granting motion to amend entered 4/24/14; 
43 

 Jonathan Eborn’s response to motion for judgment filed 4/24/14. 

 Oral argument held 5/27/14. 

 Judgment and order against Jonathan Eborn entered 6/4/14. 

 Notice of appeal to Ninth Circuit by Jonathan Eborn filed 8/1/14. 

 Opening brief by Jonathan Eborn filed 12/10/14; Commission’s answering 

 brief filed 2/9/15; reply brief of Jonathan Eborn filed 3/24/15. 

 Oral argument scheduled for 7/21/16. 

 

FTC v. JEREMY JOHNSON, Nos. 11-17265, 11-17267, 12-15778, 12-16213, 13-15768, 13- 

 15778, 13-15822 (9th Cir.); No. 2:10-CV-02203 (D. Nev.) 

Parties: Jeremy D. Johnson Anthon Holdings Corp. 

Big Bucks Pro, Inc. Blue Net Progress, Inc. 

Blue Streak Progressing, Inc. Bolt Marketing, Inc. 

Bottom Dollar, Inc. Bumble Marketing, Inc. 

Business First, Inc. Business Loan Success, Inc. 

CPA Upsell, Inc. CS Processing, Inc. 

Cloud Nine Marketing, Inc. Cold Bay Media, Inc. 

Costnet Discounts, Inc. Cutting Edge Processing, Inc. 

Diamond J Media, Inc. EBusiness First, Inc. 

Ebusiness Success, Inc. Elite Debit, Inc. 

Employee Plus, Inc. Excess Net Success, Inc. 

Duane Fielding Fiscal Fidelity, Inc. 

Fitness Processing, Inc. Funding Search Success, Inc. 

Funding Success, Inc. GG Processing, Inc. 

GGL Rewards, Inc. Highlight Marketing, Inc. 

Hooper Processing, Inc. I Works, Inc. 

Internet Business Source, Inc. Internet Economy, Inc. 

Internet Fitness, Inc. JRB Media, Inc. 

Jet Processing, Inc. Andy Johnson 

Loyd Johnston Scott Leavitt 

Lifestyles for Fitness, Inc. Market Funding Solutions, Inc. 

Mist Marketing, Inc. Money Harvest, Inc. 

Monroe Processing, Inc. Scott Muir 

Net Business Success, Inc. Net Commerce, Inc. 

Net Discounts, Inc. Net Fit Trends, Inc. 

Net Success, Inc. Network Agenda, LLC 

Optimum Assistance, Inc. Bryce Payne 

Kevin Pilon Power Processing, Inc. 

Premier Performance, Inc. Pro Internet Services, Inc. 

Razor Processing, Inc. Rebate Deals, Inc. 

Revive Marketing, Inc. Ryan Riddle 

Simcor Marketing, Inc. Terrason Spinks 

Success Marketing, Inc. Summit Processing, Inc. 

Tran Voyage, Inc. TranFirst, Inc. 

Unlimited Processing, Inc. Xcel Processing, Inc. 
44 

eCom Success, Inc. 

Assigned Attorneys: Collot Guerard (BCP/MP) 

J. Ronald Brooke 

 Burke Kappler (OGC) 

Alleged Conduct: Deceptive acts and practices in violation of Section 5, the Electronic Fund 

Transfer Act, and Regulation E in connection with the advertisement of 

government grants and money-making opportunities. 

Status: Complaint filed 12/21/10. 

TRO and asset freeze entered 1/13/11. 

Preliminary injunction entered 2/10/11. 

Notice of interlocutory appeal by defendant Jeremy Johnson (Appeal No. 

 11-17265) filed 9/22/11; dismissed 6/27/12. 

Notice of interlocutory appeal by defendants Duane Fielding, Anthon 

 Holdings Corp., and Network Agenda, LLC (Appeal No. 11- 

 17265) filed 9/23/11; dismissed on appellant’s motion 11/17/11. 

Notice of appeal of order granting first omnibus motion for sale (Appeal 

 No. 12-15778) filed 4/6/12; appellant’s opening brief due but not 

 filed 7/16/12; dismissed by 9th Cir. 11/5/12. 

Notice of appeal of order granting receiver’s motion for fees (Appeal No. 

 12-16213) filed 5/21/12; appellant’s opening brief due but not filed 

 9/7/12. 

Appeal dismissed for failure to prosecute 12/20/12. 

Notices of appeal of order clarifying preliminary injunction (Nos. 13- 

 15768 and 13-15778) filed 4/18/13 and 4/19/13; appeals 

 consolidated and appellants’ opening brief filed 5/17/13; 

 Commission’s responsive brief filed 6/28/13; reply brief filed 

 7/15/13. 

Notice of appeal (No. 13-15822) filed 4/24/13; appellants’ opening brief 

 filed 6/26/13; Commission’s answering brief filed 8/7/13. 

Motion for summary judgment against all liability and relief defendants 

filed 11/26/13. 

Motion for partial summary judgment by relief defendants filed 11/29/13. 

Voluntary dismissal of appeal 13-15822 entered 1/21/14. 

Oral argument in appeals 13-15768 and 13-15778 held 2/3/14. 

Stipulated final order for permanent injunction against defendants Big 

Bucks Pro, Inc., Blue Net Progress, Inc., Bolt Marketing, Inc., 

Business Loan Success, Inc., CS Processing, Inc., GGL Rewards, 

Inc., Highlighting Marketing, Inc., Mist Marketing, Inc., Net 

Discounts, Inc., Optimum Assistance, Inc., Razor Processing, Inc., 

Simcor Marketing, Inc., and Scott Muir entered 4/7/14. 

Decision by the Ninth Circuit affirming the district court’s ruling that 

certain assets nominally owned by nonparties are subject to the 

preliminary injunction and asset freeze entered 4/8/14. 
45 

Order granting in part and denying in part Commission’s motion for 

 summary judgment entered 3/31/15. 

Brief by the Commission regarding revised consumer injury amount filed 

 6/22/15; answering brief filed 7/22/15. 

Order denying defendant Johnson’s ex parte motion to set aside 

 preliminary order entered 7/8/15. 

Motion for relief from preliminary injunction filed by defendant Jeremy 

 Johnson 8/4/15; response filed 8/21/15; response by receiver filed 

 9/4/15; reply to response filed 9/29/15. 

Stipulated final order for permanent injunction and monetary judgment to 

defendant Lloyd Johnston entered 2/23/16. 

Trial scheduled for 7/26/16. 

FTC v. JOHN BECK AMAZING PROFITS, LLC, No. 12-56665 (9th Cir.); 2:09-CV-04719 

(C.D. Cal.) 

Parties: John Beck Amazing Profits, LLC 

John Alexander, LLC 

Jeff Paul, LLC, d/b/a Shortcuts to Millions, LLC 

Mentoring of America, LLC 

Family Products, LLC 

Douglas Gravink 

Gary Hewitt 

John Beck 

John Alexander 

Jeff Paul 

Assigned Attorneys: John D. Jacobs (WRLA) 

Stacy R. Procter 

Christina Tusan 

Evan Rose (WRSF) 

Kenneth H. Abbe 

Matthew Gold 

Jack Metzler (OGC) 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 and the 

Telemarketing Sales Rule in connection with the marketing and sale of get 

rich quick programs and the billing of consumers’ accounts. 

Status: Complaint filed 6/30/09. 

Preliminary injunction entered 11/17/09. 

Motion for order to show cause why defendants Jeff Paul, Family 

Products, LLC, Mentoring of America, LLC, Gary Hewitt, and Douglas 

Gravink should not be held in contempt of the preliminary 

injunction filed 5/19/11; opposition filed 6/1/11; reply filed 6/8/11; 
46 

Order granting motion to show cause entered 7/21/11; supplemental 

response by defendants filed 8/15/11; Commission’s objection 

filed 8/24/11. 

Commission’s motion for summary judgment filed 8/15/11; defendants’ 

opposition filed 9/24/11; Commission’s reply filed 10/11/11. 

Order granting Commission’s motion for summary judgment and ordering 

supplemental briefing on scope of injunctive relief and monetary 

damages entered 4/20/12; Commission’s brief filed 5/7/12; 

defendants’ response brief filed 5/14/12; Commission’s reply brief 

filed 5/21/12. 

Final order granting permanent injunction and other equitable relief 

entered 8/23/12. 

Defendant Beck’s notice of appeal filed 9/7/12. 

Defendant Beck’s motion for a stay pending appeal filed 10/9/12; denied 

10/9/12. 

Appellant’s brief filed 2/19/13; Commission’s responsive brief filed 

4/18/13; reply brief filed 5/2/13. 

Oral argument held 2/9/15. 

Opinion by the Ninth Circuit affirming the district court’s order filed 

3/3/16. 

FTC v. LANIER LAW, LLC, No. 15-11263 (11th Cir.); No. 3:14-cv-786 (M.D. Fla.) 

Parties: Lanier Law, LLC d/b/a Redstone Law Group d/b/a The Law Offices of 

Michael W. Lanier 

 Fortress Law Group, LLC 

 Redstone Law Group 

 Surety Law Group, LLC 

 Fortress Law Group, PC 

 Liberty & Trust Law Group of Florida, LLC 

 Michael W. Lanier 

 Rogelio Robles a/k/a Roger Robles 

 Edward William Rennick, III 

 

Assigned Attorneys: Harold E. Kirtz (SERA) 

 Gideon Sinasohn 

 Anna Burns 

Alleged Conduct: Violations of Section 5 of the FTC Act and the Mortgage Assistance 

 Relief Services Rule in connection with the marketing and sale of 

mortgage assistance relief services. 

Status: Complaint filed 7/8/14. 

 Ex parte TRO entered 7/11/14. 

Preliminary injunction with asset freeze entered as to all defendants 

 8/1/14. 
47 

 Motion to dismiss complaint entered 8/26/14; opposition to motion 

 filed 9/4/14. 

 Amended complaint filed 12/22/14. 

 Motion to dismiss amended complaint filed 1/13/15; Commission’s 

opposition filed 1/30/15. 

Order granting preliminary injunction, as to defendants Fortress Law 

 Group, Redstone Law Group, Rogelio Robles, and Edward 

 William Rennick, III entered 2/6/15. 

Notices of appeal of Rogelio Robles and Edward Rennick filed 3/20/15 

 and 3/23/15. 

Order dismissing appeal as to defendant Rogelio Robles entered 6/2/15. 

Order denying motion to dismiss entered 7/28/15. 

Counterclaim by Liberty & Trust Law Group of Florida, LLC, Lanier 

 Law, LLC, and Michael W. Lanier filed 8/19/15.; Commission’s 

 opposition filed 10/29/15. 

Motion to vacate TRO filed by defendant Michael W. Lanier 

 8/25/15; Commission’s opposition filed 9/10/15. 

Commission’s motion for summary judgment filed 12/29/15; defendant 

 Lanier’s opposition filed 1/20/16; Lanier’s supplemental 

 opposition filed 3/10/16; Commission’s reply filed 3/29/16. 

Motion for partial summary judgment by defendant 

 Lanier and three related corporate defendants filed 12/30/15; 

 Commission’s opposition filed 1/27/16; reply by defendant 

 Lanier and three related corporate defendants filed 2/2/16. 

 

FTC v. LEANSPA, LLC, Nos. 15-1009, 15-1014, 13-653 (2d. Cir.); No. 3:11-CV-01715 (D. 

Conn.) 

Parties: LeanSpa, LLC 

NutraSlim, LLC 

NutraSlim U.K. LTD 

Boris Mizhen 

Leadclick Media, Inc. 

Richard Chiang 

Angelina Strano, Relief Defendant 

CoreLogic, Inc., Relief Defendant 

Assigned Attorneys: Darren Lubetzky (NER) 

 Michele Arington (OGC) 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 and the electronic 

Fund Transfer Act in connection with the advertising, marketing, 

promotion, offering for sale, or sale of weight-loss and related health 

products through various websites. 

Status: Complaint filed 11/07/11. 
48 

TRO granted in part 11/14/11. 

Preliminary injunction entered 11/22/11.

Amended complaint filed 7/26/12. 

Motion for preliminary injunction against defendant Richard Chiang and 

relief defendant Angelina Strano filed 9/11/12; opposition by 

Angelina Strano filed 11/15/12; Commission’s reply filed 1/29/12. 

Motion for stipulated preliminary injunction against Richard Chiang filed 

11/15/12. 

Preliminary injunction against Richard Chiang entered 1/17/13. 

Preliminary injunction against relief defendant Angelina Strano entered 

1/29/13. 

Second amended complaint filed 2/19/13. 

Notice of appeal by relief defendant Angelina Strano filed 2/21/13. 

Appellant Strano’s opening brief filed 4/22/13; Commission’s brief filed 

 5/28/13; appellant Strano’s reply brief filed 6/11/13. 

 Oral argument heard 6/18/13. 

Summary order and judgment by court of appeals affirming preliminary 

 injunction order against Angelina Strano issued 6/20/13. 

Commission’s motion for leave to amend complaint to add CoreLogic, 

Inc. as relief defendant filed 6/10/13; defendant Leadclick Media’s 

response filed 7/1/13; Commission’s reply filed 7/15/13; order 

granting motion to amend complaint entered 8/28/13. 

Joint motion for entry of stipulated order for permanent injunction and 

monetary judgment as to defendants LeanSpa, LLC, NutraSlim, 

LLC, NutraSlim U.K., Ltd. (also d/b/a LeanSpa U.K., Ltd.) and 

Boris Mizhen and relief defendant Angelina Strano filed 12/23/13. 

Stipulated order for permanent injunction and monetary judgment as to 

defendants LeanSpa, LLC, NutraSlim, LLC, NutraSlim, U.K., Ltd, 

and Boris Mizhen, and relief defendant Angelina Strano entered 

1/7/14. 

Commission’s motion for summary judgment against LeadClick and relief 

 defendant CoreLogic filed 5/5/14; LeadClick’s motion for 

 summary judgment filed 5/5/14; CoreLogic’s motion for summary 

 judgment filed 5/5/14; Commission’s opposition to defendants’ 

 motions filed 5/27/14; defendants’ oppositions to Commission’s 

 motion filed 6/10/14. 

Judgment entered in favor of the Commission and State of Connecticut 

 granting summary judgment against CoreLogic Inc. and LeadClick 

 Media Inc. entered 3/6/15. 

Appeal of summary judgment and order of disgorgement by defendants 

 Leadclick Media, Inc. and CoreLogic, Inc. filed 4/2/15. 

Notices of appeal filed 4/2/15. 

Appellants’ opening briefs filed 7/20/15; Commission’s answering brief 

filed 10/19/15; appellants’ reply briefs filed 11/30/15. 

Oral argument scheduled for 6/3/16. 
49 

FTC v. LIBERTY SUPPLY, No. 4:15-cv-829 (E.D. Tex.) 

Parties: Liberty Supply Co. d/b/a Omni Services 

Mia McCrary 

 John Hart 

 Nor-Jay Enterprises, Inc. (Relief Defendant) 

 

Assigned Attorneys: Eric Roberson (SWR) 

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) of the FTC Act, 

the FTC’s Telemarketing Sales Rule, and the Unordered Merchandise 

Statute. 

Status: Complaint filed 12/04/15. 

TRO entered 12/04/15. 

Preliminary injunction entered 12/30/15. 

Trial scheduled for 2/13/17-3/3/17. 

FTC v. LIFELOCK, No. 2:10-cv-00530 (D. Ariz.) 

Parties: LifeLock Incorporated 

 Richard Todd Davis 

 Robert J Maynard, Jr. 

Assigned Attorneys: Gregory John Madden (BCP/ENF) 

Hong Joon Park 

Susan H. Pope 

Elisa Jillson 

Alleged Conduct: Contempt proceedings regarding deceptive and unfair acts and practices in 

violation of Sections 5(a) and 13(b) of the FTC Act regarding identity 

theft prevention services. 

Status: Complaint filed 3/9/10. 

 Stipulated final judgment and order for permanent injunction and other 

 equitable relief entered 3/9/10. 

 Commission’s motion for contempt against LifeLock filed 7/21/15. 

 Order granting consent motion providing injunctive and equitable 

monetary relief entered 12/22/15; amended order entered 1/4/16. 

FTC v. LIFEWATCH, No. 1:15-cv-05781 (N.D. Ill.) 

Parties: Lifewatch Inc. d/b/a Lifewatch USA and Medical Alarm Systems 

Evan Sirlin 

Assigned Attorneys: David O’Toole (MWR) 
50 

 Marissa Reich 

 Roberto Menjivar 

Alleged Conduct: Deceptive and unfair acts and practices in violation of Section 5(a) of the 

 FTC Act, the Telemarketing Act, and the Telemarketing Sales Rule in 

 connection with robocalls that pitched seniors “free” medical alert 

 systems. 

Status: Complaint filed 6/30/15. 

 Motion for preliminary injunction filed 7/6/15. 

 Preliminary injunction hearing held 12/14/15. 

 Preliminary injunction entered 3/31/16. 

FTC v. LUMOS LABS, No. 3:16-cv-00001(N.D. Cal.) 

Parties: Lumos Labs, Inc. d/b/a Lumosity 

 Kunal Sarkar 

 Michael Scanlon 

Assigned Attorneys: Michelle Rusk (BCP/AP) 

 Annette Soberats 

 Mary Johnson 

Alleged Conduct: Deceptive and unfair acts and practices in violation of Sections 5(a) and 

12 of the FTC Act, in connection with the marketing and sale of the 

“Luminosity Program,” an online subscription-based “brain training” 

program. 

Status: Complaint filed 1/4/16. 

 Stipulated final judgment and order for permanent injunction entered 

1/8/16. 

FTC v. LUNADA BIOMEDICAL, No. 2:15-cv-03380 (C.D. Cal.)

Parties: Lunada Biomedical, Inc. 

 Donna Kasseinova 

 Roman Trunin 

 Emil Arutyunov, a/k/a Emil Chiaberi 

Assigned Attorneys: Michael Davis (BCP/ENF) 

 Shira Modell 

Sydney M Knight 

John David Jacobs 

Dean C Graybill 
51 

Alleged Conduct: Deceptive acts and practices in violation of Sections 5(a) and 12 of the 

 FTC Action in connection with the sale of the dietary supplement 

 Amberen. 

Status: Complaint filed 5/5/15. 

 Amended complaint filed 12/2/15. 

 Motion by defendants to dismiss certain counts of complaints, or, in the 

alternative, for partial summary judgment filed 12/21/15. 

 Order staying case for 60 days entered 3/22/16. 

 

FTC v. MAIL TREE, No. 0:15-cv-61034 (S.D. Fla.) 

Parties: Awards Research Consultant, LLC 

 John Leon 

 MCP Marketing Activities, LLC d/b/a Magellan Mail and Magellan 

 Marketing 

 Mail Tree Inc. 

 Mailpro Americas Corp. 

 Masterpiece Marketing, LLC d/b/a Affiliated Opportunities Group 

 d/b/a Corporate Accounting Authority d/b/a Dispatch Notifications 

 Services d/b/a Information Reporting Group d/b/a Priority 

 Information Exchange 

 Michael McKay Co. 

 Matthew Pisoni 

 Serena Pisoni 

 Marcus Pradel 

 Victor Ramirez 

 Romeria Global, LLC d/b/a Lowenstein Varick and Nagel 

 Spin Mail, Inc. 

 Supreme Media, LLC 

 Trans National Concepts, Inc. 

 Vernier Holdings, Inc. 

 

Assigned Attorneys: Guy Ward (MWR) 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act in 

 connection with sweepstakes scam. 

Status: Complaint filed 5/18/15. 

 Ex parte TRO entered 5/19/15. 

Preliminary injunction against all defendants except Marcus Pradel and 

 Trans National Concepts entered 6/12/15. 

Stipulated preliminary injunction as to defendants Marcus Pradel and 

 Trans National Concepts entered 6/12/15. 

Order staying case entered 6/12/15. 
52 

FTC v. MDK MEDIA, INC., No. 2:14-cv-5099 (C.D. Cal.) 

Parties: MDK Media Inc. d/b/a SE Ventures d/b/a GMK Communications d/b/a 

 EMG 

 Makonnen Demessow Kebede 

 Tendenci Media LLC 

 Sarah Brekke 

 Mindkontrol Industries LLC 

 Christopher Thomas Denovellis 

 Anacapa Media LLC 

 Wayne Calvin Byrd 

 Bear Communications LLC 

 James Matthew Dawson 

 Network One Commerce Inc. 

 Casey Lee Adkisson 

 Erdi Development LLC 

 Erdolo Levy Eromo 

 Ocean Tactics LLC 

 Fraser R. Thompson 

 Phwoar LLC 

 Darcy Michael Wedd 

 Concise Consulting, Inc. 

 MMJX Consulting, Inc. 

 Michael Peter Pajaczkowski 

Assigned Attorneys: Faye C. Barnouw (WRLA) 

 Maricela Segura 

 Barbara Y K Chun 

 Kenneth H. Abbe 

Alleged Conduct: Unfair and deceptive practices in violation of Section 5 of the FTC Act in 

connection with placing unauthorized third-party charges on consumers’ 

mobile phone bills, or “cramming.” 

Status: Complaint filed 7/3/14. 

 TRO entered 7/3/14. 

 First amended complaint filed 10/6/14. 

 Motion to dismiss and motion to strike portions of complaint filed 

 11/7/14; opposition filed 11/17/14; reply filed 11/24/14; motion 

 denied 12/4/14. 

Final orders for permanent injunction and monetary judgment against 

 defendants MDK Media Inc., Makonnen Demessow Kebede, 

 Tendenci Media LLC, Sarah Brekke, Mindkontrol Industries LLC, 

 Christopher Thomas Denovellis, Anacapa Media LLC, Wayne 

 Calvin Byrd II, Bear Communications LLC, James Matthew 

 Dawson, Network One Commerce Inc., and Casey Lee Adkisson 
53 

 entered 5/6/15. 

Order granting U.S. Attorney’s application to intervene 

 and staying case for 90 days entered 7/23/15. 

Order staying case entered 10/20/15. 

FTC v. MIDWAY INDUSTRIES, LLC, No. 1:14-cv-2312 (D. Md.) 

Parties: Midway Industries, LLC d/b/a Midway Industries of Delray Beach, LLC 

 Commercial Industries, LLC d/b/a State Electric & Power, LLC d/b/a 

 Commercial Industries of Palm Beach, LLC 

 National, LLC d/b/a National Lighting & Maintenance d/b/a National and 

 National of Delray Beach, LLC 

 State Power & Lighting, LLC 

 Essex Industries, LLC 

 Johnson Distributing, LLC d/b/a Johnson Distributing MD d/b/a Johnson 

 Distributors 

 Hansen Supply, LLC 

 Environment Industries, LLC 

 Mid Atlantic Industries, LLC 

 B & E Industries, LLC 

 Eric A. Epstein 

 Brian K. Wallen 

 Midway Management, LLC 

 Standard Industries, LLC 

 Andrew J. Stafford 

 Alan M. Landsman 

 Brandon D. Riggs 

Assigned Attorneys: Harris A. Senturia (ECR) 

Amy C. Hocevar 

Alleged Conduct: Violations of Section 5 of the FTC Act, the Telemarketing Sales Rule and 

the Unordered Merchandise Statute in connection with sale of light bulbs 

and cleaning supplies. 

Status: Complaint filed 7/21/14. 

TRO entered 7/21/14. 

Order granting preliminary injunction with continued appointment of 

 receiver, asset freeze, and accounting entered 10/29/14. 

Amended complaint naming additional defendants Andrew J. 

 Stafford, Alan M. Landsman, and Brandon D. Riggs filed 7/2/15. 

Clerk’s entry of default as to defendants B & E Industries, Commercial 

Industries, Environmental Industries, Essex Industries, Hansen 

Supply, Johnson Distributing, Mid Atlantic Industries, Midway 

Industries, Midway Management, National, Standard Industries, 

and State Power and Lighting entered 10/7/15. 

 
54 

FTC v. MONEY NOW FUNDING LLC., No. 2:13-cv-1583 (D. Ariz.)

Parties: Money Now Funding LLC, a/k/a Cash4Businesses, a/k/a 

CashFourBusinesses 

Rose Marketing LLC 

Depaola Marketing LLC 

Affiliate Marketing Group LLC 

Legal Doxs LLC, a/k/a First Business LLC` 

US Doc Assist LLC, a/k/a First Business LLC 

Affinity Technologies LLC 

Marketing Expert Solutions LLC 

Lukeroy K Rose, a/k/a Luke Rose 

Cordell Bess, a/k/a Blaine Thompson d/b/a JJB Marketing 

Solana Depaola 

Jennifer Beckman 

William D. Claspell, a/k/a Bill Claspell 

Richard Frost, a/k/a Richard Strickland 

Dino Mitchell, a/k/a Dino Jones 

Clinton Rackley a/k/a Clinton Fosse 

Lance Himes, a/k/a Raymond Homes, a/k/a Lance Haist 

Leary Darling 

Donna Duckett, d/b/a D&D Marketing Solutions 

Della Frost, d/b/a ZoomDocs LLC 

Christopher Grimes, d/b/a Elite Marking Strategies 

Alannah M Harre, d/b/a National Marketing Group 

Ronald W. Hobbs, d/b/a Ron Hobbs & Associates, d/b/a Sales Academy 

USA LLC 

Janine Lilly, d/b/a Doc Assistant 

Michael Mcintyre, d/b/a McIntyre Marketing 

Benny Montgomery, d/b/a Montgomery Marketing 

Virginia Rios, d/b/a V&R Marketing Solutions 

Kendrick Thomas, d/b/a KT Advertising 

Global Network Marketing, LLC 

Precise Payroll Services, LLC 

Strategic Media Advertising, LLC 

Cynthia Miller, individually and as manager of Global Network Marketing 

and Precise Payroll Services, LLC, a/k/a Cynthia Metcalf 

Assigned Attorneys: Rhonda Perkins (BCP/MP) 

 James Evans 

Alleged Conduct: Violations of Section 5(a) of the FTC Act, the Business Opportunity Rule, 

 and the Telemarketing Sales Rule concerning a telemarketing scheme 

 offering consumers business opportunities under a variety of names. 

Status: Complaint filed 8/5/13. 
55 

TRO entered 8/5/13. 

Preliminary injunction order entered 8/19/13. 

Preliminary injunction as to defendants Cordell Bess, Clinton Rackley and 

Ronald Hobbs entered 9/13/13. 

Motion to hold defendants Lukeroy Rose, Cordell Bess, Ronald Hobbs, 

Clinton Rackley, Della Frost, Richard Frost, Donna Duckett, 

Janine Lilly, and Dino Mitchell in contempt filed 10/18/13. 

Amended complaints adding defendants Cynthia Miller, Global Network 

Marketing, LLC, Prices Payroll Services, LLC, and Strategic 

Media Advertising, LLC filed 1/9/14. 

Preliminary injunction modified 2/13/14. 

Preliminary injunction order with asset freeze and other equitable relief as 

to defendants Cynthia Miller, Global Network Marketing, LLC, 

and Precise Payroll Service, LLC entered 4/28/14. 

Default as to Global Network Marketing, LLC, Cynthia Miller, Precise 

Payroll Services, LLC, and Strategic Media Advertising, LLC 

entered 4/30/14. 

Second motion to hold defendant Lukeroy Rose in contempt filed 6/10/14. 

Order holding defendant Lukeroy Rose in civil contempt of preliminary 

Injunction entered 8/27/14. 

Motion to strike defendant Benny Montgomery’s answer to complaint 

filed 11/21/14. 

Order granting motion to strike defendant Benny Montgomery’s answer 

and directing clerk to enter default against Benny Montgomery 

entered 12/10/14. 

Motion for summary judgment against defendants Lukeroy Rose, Solana 

DePaola, Lance Himes, Leary Darling, Jennifer Beckman, William 

Claspell and Clinton Rackley filed 12/15/14. 

Application for entry of default as to Montgomery filed 12/17/14. 

Motion to stay all further proceedings as to defendants Himes and Claspell 

until 4/27/15 filed 1/13/15. 

Motion to stay all further proceedings as to defendant Jennifer Beckman 

until 4/27/15 filed 1/20/15. 

Order granting stay until 4/27/15 as to defendants Beckman, Himes and 

 Claspell entered 1/21/15. 

Motion to stay all further proceedings as to defendant Solana DePaola 

until 4/27/15 filed 2/11/15. 

Order granting stay until 4/27/15 as to defendant Solana DePaola entered 

2/12/15. 

Order granting in part summary judgment against defendants Rose, 

Darling and Rackley entered 3/17/15. 

Final judgment and orders for permanent injunction and equitable 

monetary judgment as to Lukeroy K. Rose, Clinton Rackley and 

Leary Darling entered 6/3/15. 

Amended stipulated orders for permanent injunction and monetary 

judgment as to Jennifer Beckman, Solana DePaola, William D. 
56 

Claspell and Lance Himes entered 6/3/15. 

 Orders for permanent injunction and monetary judgment as to Donna F. 

 Duckett and Ronald W. Hobbs entered 6/24/15. 

 Orders for permanent injunction and monetary judgment as to Dino 

 Mitchell, Cynthia Miller and Richard Frost entered 7/15/15. 

 Orders for permanent injunction and monetary judgment as to Cordell 

 Bess, Money Now Funding LLC, Legal Doxs LLC, US Doc 

 Assist LLC, Rose Marketing LLC, DePaola Marketing LLC, 

 Affiliate Marketing Group LLC, Affinity Technologies LLC, 

 Strategic Media Advertising LLC, Global Network Marketing 

 LLC, and Precise Payroll Services LLC entered 7/17/15. 

 Orders for permanent injunction and monetary judgment as to Della 

 Frost, Christopher Grimes, Alannah M. Harre, Janine Lilly, 

 Michael McIntyre, Benny Montgomery, Virginia Rios, and 

 Kendrick Thomas entered 7/20/15. 

FTC v. MYTEL INTERNATIONAL, INC., No. 2:87-cv-07259 (C.D. Cal.) 

Parties: Mytel International, Inc. 

 Gilbert N. Michaels 

 Gerald Feldman 

 

Assigned Attorneys: Reenah L. Kim (BCP/ENF) 

 Elsie B. Kappler 

 John D. Jacobs (WRLA) 

 Mark S. Hegedus (OGC) 

 

Alleged Conduct: Violation of 1988 permanent injunction order regarding deceptive acts and 

 Practices in connection with the sale of photocopier toner. 

Status: Complaint filed 10/29/87. 

 Final judgment entered 11/16/88. 

 Commission’s motion for contempt filed 4/17/14. 

 Defendants motion to stay filed 6/16/14. 

 Order granting stay entered 11/6/14. 

 Order lifting stay entered 4/15/15. 

 

FTC v. NATIONAL PAYMENT PROCESSING, LLC, No. 1:15-cv-03811 (N.D. Ga.) 

Parties: National Payment Processing, LLC 

 National Client Services, LLC d/b/a AFS Legal Services d/b/a AFS 

 Services d/b/a Account Financial Services d/b/a Account 

 Financial Services 

 Omar Smith 

 Ernest Smith 
57 

Assigned Attorneys: Robin L. Rock (SER) 

 Hans C. Claussen 

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) of the FTC Act 

and the Fair Debt Collection Practices Act in connection with the 

collection of debt or purported debt. 

Status: Complaint filed 10/30/15. 

 Ex parte TRO with asset freeze and other equitable relief entered 11/2/15. 

 Stipulated preliminary injunction with asset freeze and other equitable 

 relief entered 1/5/16. 

FTC v. NATIONAL UROLOGICAL GROUP, INC., No. 10-125 (S. Ct); Nos. 14-13131, 

14-13972, 09-10617 (11th Cir.); No. 1:04-CV-03294 (N.D. Ga.) 

Parties: National Urological Group, Inc., d/b/a Warner Laboratories 

National Institute for Clinical Weight Loss, Inc. 

Hi-Tech Pharmaceuticals, Inc. 

Jared Wheat 

Thomasz Holda 

Michael Howell 

Stephen Smith 

Terrill Mark Wright, M.D. 

Assigned Attorneys: Sydney M. Knight (BCP/AP) 

Tawana E. Davis 

Edward Glennon 

Mary Johnson 

Leslie Melman (OGC) 

Amanda Basta (BCP/ENF) 

Alleged Conduct: Deceptive practices in violation of Sections 5 and 12 in connection with 

the sale of a purported weight loss product. 

Status: Complaint filed 11/10/04. 

Final judgment entered 12/16/08. 

Notice of appeal filed 2/4/09. 

Opinion affirming district court order entered 12/15/09. 

Petition for rehearing en banc filed 1/29/10; order denying petition entered 

 4/26/10. 

Appellant’s petition for a writ of certiorari filed 7/23/10; Commission’s 

opposition filed 9/24/10; appellant’s petition denied 11/1/10. 

Commission’s motion to hold defendants Hi-Tech Pharmaceuticals, 

 Stephen Smith and Jared Wright in contempt filed 11/1/11; 

 defendant’s opposition filed 12/2/11. 

Commission’s motion to hold defendant Terrill Mark Wright in contempt 

 filed 3/21/12. 
58 

Order to show cause why defendants Wright, Hi-Tech Pharmaceuticals, 

 Stephen Smith, and Jared Wright should not be held in contempt 

 entered 5/11/12; response filed 11/13/12. 

Motion for contempt judgment filed 10/22/12; defendants’ response filed 

2/14/12; Commission’s reply brief filed 1/10/13. 

Order finding defendants liable for contempt and ordering further 

proceedings on remedy entered 8/8/13. 

Trial on contempt remedies held on 1/21/14 - 1/24/14. 

Order holding defendants liable for contempt and directing compensatory 

sanctions to redress consumers entered 5/14/14. 

Defendants’ notices of appeal filed 7/11/14 and 7/14/14. 

Order by district court imposing coercive contempt sanction and directing 

that defendants Jared Wheat and Stephen Smith be incarcerated 

until they comply with product recall entered 9/2/14. 

Petition for mandamus by defendants Wheat and Smith seeking to 

overturn coercive contempt order filed 9/4/14; denied 9/4/14. 

Notice of appeal from coercive contempt order and emergency motion for 

a stay by defendants Wheat and Smith filed 9/4/14; Commission’s 

opposition filed 9/5/14; motion for stay denied 9/5/14; motion to 

voluntarily dismiss appeal filed 9/8/14; appeal no. 14-13972 

dismissed 10/15/14. 

Motion to purge contempt defendants of contempt filed 9/26/14; 

Commission’s opposition filed 9/26/14. 

Second motion to purge contempt defendants or release contempt 

defendants pending determination of less restrictive mean to purge 

contempt filed 10/16/14; Commission’s response filed 1/13/15; 

granted 1/20/15. 

Motion to stay execution of judgment pending appeal entered 10/30/14; 

denied 1/23/15. 

Appellants’ briefs (No. 14-13131) filed 10/30/14. 

Order that the US Marshal’s Service release Jared Wheat and Stephen 

Smith from incarceration entered 11/10/14. 

Commission’s answering brief (No. 14-13131) filed 1/9/15; appellants’ 

reply briefs filed 2/17/15. 

Oral argument in Eleventh Circuit held 4/17/15. 

Opinion vacating district court’s judgment of contempt and remanding 

case to district court for further proceedings entered 5/5/15. 

Commission’s motion for clarification filed 6/4/15; Hi-Tech 

Pharmaceuticals response filed 6/18/15. 

Commission’s motion for entry of contempt judgement relating to HiTech Pharmaceuticals, Inc., Jared Wheat, and Stephen Smith’s 

violation of section VI and motion for compensatory sanctions 

filed 8/20/15; opposition filed 10/9/15; Commission’s reply filed 

10/26/15; order denying motion with leave to refile entered 

11/4/15. 
59 

FTC v. NEOVI, INC., Nos. 15-56730, 12-56658, 12-56735, 09-55093 (9th Cir.); No. 3:06-cv- 

 01952 (S.D. Cal.) 

Parties: Neovi, Inc., d/b/a Neovi Data Corporation and Qchex.com 

G7 Productivity Systems, Inc., d/b/a Qchex.com 

James M. Danforth 

Thomas Villwock 

iProlog Corporation 

FreeQuick Wire Corporation 

Assigned Attorneys: Korin Ewing Felix (BCP/ENF) 

John D. Jacobs (WRLA) 

Leslie Melman (OGC) 

Jack Metzler 

Alleged Conduct: Unfair practices in violation of Section 5 in connection with the offering 

 and sale of online check services. 

Status: Complaint filed 9/19/06. 

Final order for permanent injunction and other equitable relief entered 

1/7/09. 

Notice of appeal by defendants filed 1/16/09. 

Motion for order to show cause why Thomas Villwock, James M. 

 Danforth, G7 Productivity Systems, Inc., iProlog Corporation, and 

 FreeQuick Wire Corporation should not be held in contempt filed 

 10/15/09. 

Order requiring Commission to show cause why contempt motion should 

 not be dismissed entered 10/16/09; Commission’s response filed 

 10/21/09. 

Order by district court staying contempt proceedings pending appeal 

 entered 1/19/10. 

Opinion affirming district court order entered 5/14/10; amended 6/15/10. 

Contempt proceedings reopened 5/14/10. 

Final order finding defendants Neovi, Productivity Systems, Thomas 

 Villwock, and James M. Danforth in contempt entered 7/11/12. 

Notice of appeal by defendants filed 9/7/12; Commission’s cross appeal 

 filed 9/21/12. 

Order by the Ninth Circuit requiring defendants to show cause why 

 appellate jurisdiction exists entered 9/24/12. 

 Commission’s memorandum on jurisdiction filed 10/24/13. 

 Order dismissing appeal for lack of appellate jurisdiction entered 1/22/13. 

 Contempt hearing in district court held 8/12/13. 
60 

Order finding that defendants failed to purge their noncompliance with 

 court’s 1/7/09 final order, and granting them 30 days to comply 

 entered 1/10/14. 

 Commission’s motion to modify final order filed 2/10/14; defendant’s 

 opposition filed 3/6/14; Commission’s reply filed 3/13/14. 

 Order denying Commission’s motion to modify entered 8/25/14. 

 Commission’s renewed motion to modify final order filed 12/1/14. 

Final order for permanent injunction and other equitable relief as to 

 defendant James Danforth entered 9/1/15. 

Order granting in part and denying in part Commission’s motion to 

 modify final order entered 9/9/15. 

Order finding that defendant have failed to purge their non-compliance 

 and imposing sanctions entered 9/9/15. 

 Notice of appeal by Thomas Villwock filed 11/6/15. 

Appellant’s opening brief due 5/5/16; Commission’s answering brief due 

6/6/16. 

 

FTC v. NPB ADVERTISING, INC., No. 8:14-cv-1155 (M.D. Fla.) 

Parties: NPB Advertising, Inc., d/b/a Pure Green Coffee 

 Nationwide Ventures, LLC 

 Olympus Advertising, Inc. 

 JMD Advertising, Inc. 

 Signature Group, LLC 

 Sermo Group, LLC 

 Nicholas Scott Congleton 

 Paul Daniel Pascual 

 Bryan Benjamin Walsh 

 Dylan Craig Loher (Relief Defendant) 

 CPW Funding, LLC (Relief Defendant) 

Assigned Attorneys: Elizabeth O. Tucci (BCP/AP) 

 Katherine A. Campbell 

 Mary L. Johnson 

Tawana E. Davis 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) and Section 12 in 

connection with the sale and marketing of purported dietary supplement 

Pure Green Coffee. 

Status: Complaint filed 5/15/14. 

 Amended complaint filed 2/5/15. 

Joint motion for entry of stipulated order concerning assets of CPW 

Funding, LLC filed 3/10/15. 

 Preliminary injunction and entry of stipulated order entered 3/23/15. 
61 

 Joint motion for preliminary injunction regarding Twelfth St Property 

 filed 6/3/15. 

 Order granting motion for preliminary injunction 6/5/15. 

 Modified preliminary injunction and stipulated order entered 8/4/15. 

 Joint motion for permanent injunction as to defendants NBP Advertising, 

Nationwide Ventures, Olympus Advertising, JMD Advertising, 

Sermo Group, Signature Group, Paul Daniel Pascual, Bryan 

Benjamin Walsh, and relief defendant CPW Funding filed 

11/16/15. 

 Motion for summary judgment by Commission filed 12/12/15; defendant 

Nicholas Congleton’s opposition filed 1/8/16; Commission’s reply 

filed 1/13/16. 

 Stipulated permanent injunction and judgment against CPW Funding, 

LLC, JMD Advertising, Inc., NPB Advertising Inc., Nationwide 

Ventures, LLC, Olympus Advertising, Inc., Sermo Group, LLC, 

Signature Group, LLC, Bryan Benjamin Walsh, Paul Daniel 

Pascual entered 3/28/16. 

FTC v. PARTNERS IN HEALTH CARE ASSOCIATION, INC., No. 1:14-cv-23109 (S.D. Fla.) 

Parties: Partners In Health Care Association, Inc. 

 Gary L. Kieper 

 United Solutions Group, Inc. d/b/a Debt Relief Experts, Inc. 

 Walter S. Vargas 

Constanza Gomez Vargas 

Assigned Attorneys: Gary L. Ivens (BCP/MP) 

 Christopher E. Brown 

Alleged Conduct: Violations of Section 5 of the FTC Act, the Telemarketing Sales Rule 

 regarding the deceptive marketing of medical discount cards. 

Status: Complaint filed 8/25/14. 

 TRO entered 8/25/14. 

 Preliminary injunction against Partners in Health Care Association and 

 Gary L. Kieper entered 9/8/14. 

 Corrected preliminary injunction against Partners in Health Care 

 Association and Gary L. Kieper entered 9/11/14. 

Stipulated preliminary injunction against defendants United Solutions 

 Group, Inc., Walter S. Vargas, and Constanza Gomez Vargas entered 

 9/11/14. 

 Motion for contempt as to Grumer & Macaluso, P.A. and Gary Kieper 

 entered 10/23/14; motion denied 2/5/15. 

 Order staying the case entered 5/4/15. 

Stipulated permanent injunction against United Solutions Group, Inc. 

 entered 7/1/15. 
62 

 Motion for entry of default as to Partners In Health Care Association, Inc. 

 filed 8/14/15; non-entry of default as to Partners In Health Care 

 Association, Inc. due to responsive pleading entered 8/17/15. 

 Motion for summary judgment by Commission filed 10/30/15; defendant 

Gary L. Kieper’s opposition entered 2/8/15; Commission’s reply 

entered 2/16/16. 

 Motion for default judgment against Partners in Health Care Association 

filed 10/30/15. 

 Stipulated order for permanent injunction and monetary judgment as to 

defendants United Solutions Group, Walter Vargas, and Constance 

Gomez Vargas entered 11/9/15. 

 Trial scheduled for 6/13/16. 

FTC v. PAYBASICS, No. 1:15-cv-10963 (N.D. Ill) 

Parties: PayBasics, Inc. d/b/a Livewire Commerce 

Todd Hatch 

Jimmy Shin 

Assigned Attorneys: Darren Lubetzky (NER) 

 Savvas Diacosavvas 

 Brian Lasky 

 James Davis (MWR) 

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the Telemarketing Sales 

Rule in connection with credit and laundering scheme. 

Status: Complaint filed 12/7/15. 

 Settlement agreement stipulated order for permanent injunction and 

monetary judgment against all defendants filed 12/7/15. 

 Stipulated order for permanent injunction and monetary judgment entered 

 1/19/16. 

FTC v. PREMIER DEBT ACQUISITIONS, No. 1:15-cv-00421 (W.D.N.Y.) 

Parties: Premier Debt Acquisitions LLC, d/b/a PDA Group LLC 

Prizm Debt Solutions LLC, d/b/a PDS, LLC 

Samuel Sole and Associates, LLC, d/b/a SSA Group LLC, and also d/b/a 

Imperial Processing Solutions 

Charles Glander 

Jacob Kirbis 

Assigned Attorneys: Daniel Dwyer (BCP/FP) 

 LaShawn Johnson 

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the Fair Debt Collection 

 Practices Act in connection with deceptive and abusive third-party debt 
63 

 collection. 

Status: Complaint filed 5/11/15. 

 Preliminary injunction entered 5/21/15. 

 Joint motion to enter a final order for permanent injunction and 

settlement of claims filed 11/16/15. 

 Stipulated order for permanent injunction and settlement entered 1/7/16. 

FTC v. PRIMARY GROUP INC., No. 15-1820 (Fed. Cir); No. 15-13947 (11th Cir.); No. 1:15- 

cv-01645 (N.D. Ga.) 

Parties: Gail Daniels 

 June Fleming 

 The Primary Group Inc., f/k/a A Primary Systems Group Inc., d/b/a 

 Primary Solutions and PSA Investigations 

 

Assigned Attorneys: Michelle Grajales (BCP/FP) 

 Colin Hector 

 Robin Rock (SER) 

 Theodore Paul Metzler (OGC) 

Alleged Conduct: Deceptive and unfair debt collection practices in violation of Section 5(a) 

 of the FTC Act and the Fair Debt Collection Practices Act. 

Status: Complaint filed 5/11/15. 

 TRO entered 5/11/15. 

Preliminary injunction entered 6/8/15. 

Notice of appeal to Federal Circuit by Gail Daniels and June Fleming 

 filed 7/8/15. 

Order of the 11th Circuit denying petition for writ of mandamus entered 

 7/27/15. 

Commission’s motion to dismiss counterclaim filed 8/6/15. 

Default entered as to The Primary Group, Inc. 8/7/15. 

 Appeal transferred to the 11th Circuit 9/2/15; appeal dismissed for lack of 

prosecution on 10/9/15. 

Individual defendants’ motion to dismiss complaint filed 9/30/15; 

Commission’s opposition filed 10/12/15; reply filed 10/14/15; 

supplemental response by Commission filed 10/28/15. 

 Order granting Commission’s motion to dismiss counterclaim and denying 

individual defendants’ motion to dismiss complaint entered 

11/3/15. 

 Motion for summary judgment by Commission filed 11/24/15. 

 Commission’s motion to dismiss June Fleming voluntarily filed 3/11/16; 

 order granting motion to dismiss terminating June Fleming entered 

 3/11/16. 
64 

FTC v. PSC ADMINISTRATIVE, LLC, No. 1:15-cv-84 (S.D. Ala.) 

Parties: PSC Administrative, LLC, f/k/a Payday Support Center, LLC 

 Coastal Acquisitions, LLC 

 Jared Irby 

 Richard Hughes 

Assigned Attorneys: Michelle Grajales (BCP/FP) 

 Miya Rahamim 

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the Telemarketing Sales 

 Rule in connection with the deceptive marketing and sale of debt relief 

 services. 

Status: Complaint filed 2/18/15. 

 Stipulated preliminary injunction entered 3/5/15. 

 Motion for summary judgment by Commission filed 2/19/16. 

 Amended complaint filed 3/22/16. 

 Trial set for August 2016. 

FTC v. PUBLISHERS BUSINESS SERVICES, No. 2:08-cv-00620 (D. Nev.) 

Parties: Publishers Business Services, Inc. 

 Ed Dantuma Enterprises, Inc. d/b/a Publishers Direct Services d/b/a 

 Publishers Business Services 

 Persis Dantuma 

 Brenda Dantuma Schang 

 Dries Dantuma 

 Dirk Dantuma 

 Jeffrey Dantuma 

Assigned Attorneys: Faye Chen Barnouw (WRLA) 

 Maricela Segura 

 Ramond E. McKown 

Alleged Conduct: Deceptive acts and practices in violation of section 5(a) and the 

 Telemarketing Sales Rule in connection with the marketing and sale of 

 magazine subscriptions. 

Status: Complaint filed 5/14/08. 

 Amended complaint filed 2/5/09. 

 Commission’s motion for summary judgment filed 7/31/09; opposition 

 filed 11/23/09; reply filed 12/7/09. 

 Order granting the Commission’s motion for summary judgment entered 

 4/7/10. 

 Order for permanent injunction as to all defendants entered 4/7/10. 

 Commission’s opening brief on the issue of damages filed 4/20/10. 
65 

 Final judgment as to all defendants entered 7/25/11. 

 Commission’s opening brief filed 2/13/12; defendants’ answering brief 

 filed 4/13/12; reply brief filed 5/11/12. 

 9th Circuit memorandum disposition remanding case to district court 

 entered 9/19/13. 

 Petition for writ of certiorari filed 2/27/14. 

 Petition for writ of certiorari denied 6/9/14. 

FTC v. ROCA LABS, INC., No. 8:15-cv-02231 (M.D. Fla.) 

Parties: Roca Labs, Inc. 

 Roca Labs Nutraceutical USA, Inc. 

 Don Juravin 

George C. Whiting 

 

Assigned Attorneys: Carl H. Settlemyer (BCP/AP) 

 Paul Bryan Spelman 

Alleged Conduct: Violations of Sections 5(a) and 12 of the FTC Act in connection 

 with the deceptive marketing of weight loss products. 

Status: Complaint filed 9/24/15. 

 Stipulated TRO entered 9/29/15. 

 Preliminary injunction entered 10/29/15. 

 

FTC v. SALE SLASH, LLC, No. 2:15-cv-03107 (C.D. Cal.) 

Parties: Artur Babayan 

 Vahe Haroutounian 

 Sale Slash LLC 

 Purists Choice LLC 

 Apex Customer Care, LLC 

 Penway, LLC 

 Renvee, LLC 

 Optim, LLC 

 Edgar Babayan 

Assigned Attorneys: Matthew Wernz (MWR) 

Raymond McKown 

Alleged Conduct: Deceptive acts or practices in violation of Sections 5(a) and 12 of the FTC 

 Act, and sections of the CAN-SPAM Act in connection with weight-loss 

 products. 
66 

Status: Complaint filed 4/27/15. 

 Ex parte TRO entered 4/27/15. 

 Preliminary injunction entered 5/12/15. 

 Amended complaint filed 10/7/15. 

 Preliminary injunction as to defendants Apex Customer Care, LLC, 

 Penway, LLC, Renvee, LLC, Optim Products, LLC and Edgar 

 Babayan entered 11/25/15. 

Order staying proceedings for 45 days pending Commission’s approval of 

 proposed settlement entered 12/15/15. 

 Stipulated permanent injunction and monetary judgment against 

defendants Sale Slash, LLC, Purists Choice, LLC, Optim, LLC, 

Edgar Babayan, Artur Babayan and Vahe Haroutounian entered 

2/3/16. 

 Settlement agreement between Commission and defendants Sale Slash, 

 LLC, Purists Choice, LLC, Optim, LLC, Edgar Babayan, Artur 

 Babayan and Vahe Haroutounian entered 2/3/16. 

 Motion for default judgment against defendants Apex Customer Care, 

 LLC, Penway, LLC and Renvee, LLC filed 2/29/16. 

 

FTC v. SEQUOIA ONE, LLC, No. 2:15-cv-01512 (D. Nev.) 

Parties: Sequoia One, LLC 

Gen X Marketing Group, LLC 

Jason A Kotzker 

Paul T McDonnell 

John E Bartholomew, Jr. 

Theresa D Bartholomew 

Assigned Attorneys: Gregory A. Ashe (BCP/FP) 

Brian S. Shull 

Peter Lamberton 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the 

 Federal Trade Commission Act in connection with payday loans. 

Status: Complaint filed 8/7/15. 

 Stipulated permanent injunction and judgment against defendants Theresa 

 Bartholomew, John Bartholomew, and Paul McDonnel entered 

 8/12/15.

FTC v. SITESEARCH CORP., No. 2:14-cv-02750 (D. Ariz.) 

Parties: Sitesearch Corporation 

 LeapLab, LLC 

 Leads Company, LLC 

 John Ayers 
67 

Assigned Attorneys: Richard M. Waller (BCP/ENF) 

 Amanda B Kostner 

Alleged Conduct: Deceptive and unfair acts or practices in violation of Section 5(a) of the 

FTC Act in connection with the sale of payday loan applications 

containing consumer personal and financial information. 

Status: Complaint filed 12/22/14. 

 Commission’s motion for entry of default as to Sitesearch filed 2/12/15. 

Clerk’s entry of default as to Sitesearch Corporation entered 2/13/15. 

Final judgment and order for permanent injunction and equitable monetary 

relief against defendant Sitesearch Corporation entered 12/11/15. 

 Final order for permanent injunction and settlement of claims as to John 

Ayers, Leads Company, and LeapLab entered 2/5/16. 

FTC v. STARK LAW, LLC, No. 1:16-cv-3463 (N.D. Ill.) 

Parties: Stark Law, LLC d/b/a Stark Recovery 

 Stark Legal, LLC 

 Ashton Asset Management, Inc. 

 CHM Capital Group, LLC 

 HKM Funding, LTD 

 Pacific Capital Holdings, Inc. f/k/a Charles Hunter Miller & Associates 

 d/b/a Pacific Capital 

 Hirsh Mohindra d/b/a Ashton Lending, LLC 

 Gaurav Mohindra 

 Preetesh Patel 

Assigned Attorneys: William J. Hodor (MWR) 

 John C. Hallerud 

 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act and 

the FDCPA in connection with abusive and deceptive debt collection 

practices. 

Status: Complaint filed 3/21/16. 

 Ex parte TRO with asset freeze and other equitable relief entered 3/22/16. 

 Preliminary injunction hearing scheduled for 5/26/16. 

FTC v. STEPPING STONEZ DEVELOPMENT, LLC, No. 2:16-cv-00351 (D. Ariz.) 

Parties: Stepping Stonez Development, LLC d/b/a American Certification 

Specialists 

 Intentional Growth, LLC 

 Stephen J. Remley 
68 

Assigned Attorneys: Gregory A. Ashe (BCP/FP) 

 Katharine Roller 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act in 

connection with the marketing and sale of fake high school diplomas. 

Status: Complaint filed 2/18/16. 

 Stipulated TRO entered 2/12/16. 

 Stipulated preliminary injunction entered 2/24/16. 

 

FTC v. STRATFORD CAREER INSTITUTE, INC., No. 1:16-cv-00371 (N.D. Ohio) 

Parties: Stratford Career Institute, Inc. 

Assigned Attorneys: Maria Del Monaco (ECR) 

 Amy Hocevar 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act in 

connection with the advertising, marketing, promotion, offering for sale or 

sale of defendant’s high school diploma program. 

Status: Complaint filed 2/18/16. 

 

FTC v. SUNRISE NUTRACEUTICALS, No. 9:15-cv-81567 (S.D. Fla.) 

Parties: Sunrise Nutraceuticals, LLC 

Assigned Attorneys: Edwin Rodriguez (BCP/AP) 

 Edward Glennon 

 Richard Quaresima 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) and 12 of the FTC 

Act in connection with the labeling and advertising of dietary 

supplements. 

Status: Complaint filed 11/16/15. 

FTC v. TELESTAR CONSULTING., No. 2:16-cv-00555 (C.D. Cal.) 

Parties: Telestar Consulting, Inc. d/b/a Kleritec and United Business Supply 

Karl Wesley Angel 

Assigned Attorneys: Maxine R. Stansell (NWR) 

 Julie K. Mayer 

 Maricela Segura (WRLA) 
69 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act, the 

Telemarketing Sales Rule, and the Unordered Merchandise Statute, in 

connection with a plan to sell nondurable office or cleaning supplies to 

small business and non-profit organizations. 

Status: Complaint filed 1/26/16. 

 Ex parte TRO entered 2/1/16. 

 Stipulated preliminary injunction entered 3/24/16. 

FTC v. TOMMIE COPPER, INC., No. 7:15-cv-9304 (S.D.N.Y.) 

Parties: Tommie Copper, Inc. 

 Thomas Kallish 

Assigned Attorneys: Carolyn Hann (BCP/AP) 

 Tawana Davis 

 Lynne Colbert 

 Viswanathan, Serena 

 Connor Sands 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) and 12 of the FTC 

Act in connection with the labeling and advertising of copper-infused 

compression garments. 

Status: Complaint filed 11/25/15. 

Stipulated final judgment and order for permanent injunction and other 

equitable relief as to all defendants entered 12/2/15. 

FTC v. TOP SHELF MARKETING CORP., No. 1:16-cv-00206 (S.D.N.Y.) 

Parties: Top Shelf Marketing Corp. 

 Reliable Business Consultants, LLC d/b/a Online Commerce Pros 

 Creative Business Setup, LLC 

 Legal Entity Providers, LLC 

 Power House Data, Inc. 

 United Business 101, LLC 

 Vixous Merchant Services, LLC d/b/a Vixous Payments, KeyBancard, 

 LLC 

 Anthony Fiore 

 Joseph Governara a/k/a Joe Morris 

 Ryan Hult 

 David Merhi 

 David Vankomen 

Assigned Attorneys: Darren Lubetzky (NER) 
70 

 Savvas Diacosavvas 

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) of the FTC Act 

 and the Telemarketing Sales Rule in connection with the sale of business 

 development products and services to consumers trying to start home- 

 based internet businesses. 

Status: Complaint filed 1/12/16. 

 Stipulated order for permanent injunction and monetary judgment as to all 

 defendants entered 1/29/16. 

FTC v. TRUDEAU, No. 12-6 (S. Ct.); Nos. 15-3472, 13-1746, 13-1747, 13-1898, 10-2418, 10-

1383, and 08-4249 (7th Cir.); Nos. 1:03-cv-03904, 1:98-cv-00168 (N.D. Ill.) 

Parties: Kevin Trudeau 

 Shop America (USA), LLC 

 Robert Barefoot 

 Deonna Enterprises, Inc. 

 Karbo, Inc. 

 Karbo Enterprises, Inc. 

 Sop America Marketing Group 

 TruStar Global Media 

 K.T. Corp. 

 TruCom, LLC 

 Law Offices of Marc J. Lane 

 Winston & Strawn LLP 

 Website Solutions USA (WSU) 

 Global Information Network USA (GIN USA) 

 KT Radio Network (KTRN) 

 Nataliya Babenko 

Assigned Attorneys: Michael P. Mora (BCP-ENF) 

 Jonathan Cohen 

 David O’Toole (MWR) 

Alleged Conduct: Deceptive practices in violation of Sections 5 and 12 in connection 

with the sale of a dietary supplement; civil contempt for violations of a 

1998 stipulated permanent injunction against Kevin Trudeau in 

connection with infomercial sales of a weight loss book; civil contempt 

for failure to comply with 2010 contempt sanction. 

Status: Complaint filed 6/9/03. 

 Stipulated final order for permanent injunction and settlement of 

 claims for monetary relief as to defendants Kevin Trudeau, Shop 

 America (USA), LLC, Shop America Marketing Group, LLC, 

 Trustar Global Media, Limited and Relief defendants K.T. 
71 

 Corporation, Limited and TruCom, LLC, including monetary relief 

 of approximately $2.1 million entered 9/3/04. 

* * * * * 

Motion to show cause why defendant Trudeau should not be held in civil 

contempt for violating permanent injunction, filed 9/13/07. 

Order finding Trudeau in contempt for violating permanent injunction 

entered 11/16/07. 

Hearing on remedy for violating permanent injunction held 7/22-25/08. 

Judgment confirming 11/16/07 order, requiring monetary payment by 

Trudeau, and providing for other relief entered 8/7/08. 

Commission’s motion to amend/correct judgment filed 8/21/08; response 

by Trudeau filed 9/22/08; Commission’s reply filed 10/7/08, 

corrected 10/21/08. 

Supplemental order and judgment entered 11/4/08. 

Motion by Trudeau to alter or stay judgment pending appeal filed 

11/13/08; Commission’s response filed 11/26/08; Trudeau’s reply 

filed 12/3/08; order denying motion entered 12/11/08. 

Notice of appeal (08-4249) filed 12/16/08. 

Appellant’s emergency motion for stay pending appeal filed 12/23/08; 

Commission’s response in opposition filed 1/5/09; appellant’s 

reply filed 1/7/09. 

Order denying emergency motion for stay pending appeal entered 1/21/09. 

Appellant’s brief filed 2/17/09. 

Motion by Appellant to file supplemental jurisdictional memorandum filed 

3/5/09; order granting motion entered 3/12/09; supplemental 

jurisdictional memorandum filed 3/12/09. 

Commission’s answering brief filed 3/19/09. 

Appellant’s reply brief filed 4/2/09. 

Oral argument held 5/14/09. 

Seventh Circuit Opinion affirming Trudeau contempt finding but vacating 

and remanding on monetary payment and other relief entered 

8/27/09. 

* * * * * 

Commission’s renewed motion to modify stipulated final order for 

permanent injunction as to defendant Trudeau filed 11/13/09; 

defendant’s response in opposition filed 12/17/09; Commission’s 

reply filed 2/1/10; defendant’s sur-reply filed 3/12/10. 

Commission’s renewed motion for compensatory monetary remedy as to 

defendant Trudeau filed 11/13/09; defendant’s response in 

opposition filed 12/17/09, supplemented 1/19/10; Commission’s 

reply filed 2/1/10; defendant’s sur-reply filed 3/12/10. 
72 

Order finding defendant Trudeau in criminal contempt of court entered 

2/11/10; modified 2/17/10. 

Notice of appeal (10-1383) of criminal contempt order filed 2/17/10. 

Order staying payment of fine pending appeal entered 2/24/10. 

Trudeau’s motion to stay proceedings pending appeal filed 3/9/10; order 

denying motion entered 3/12/10. 

Supplemental order modifying the stipulated order for permanent 

injunction and awarding monetary relief entered 4/16/10. 

Trudeau’s motion to amend the supplemental order filed 4/22/10; 

Commission’s response in opposition filed 5/7/10; Trudeau’s reply 

filed 5/21/10; Commission’s sur-reply filed 6/1/10. 

Commission’s motion to amend the supplemental order filed 5/7/10; 

Trudeau’s response filed 5/21/10. 

Seventh Circuit Opinion (10-1383) vacating finding of criminal contempt 

and remanding for further proceedings entered 5/20/10. 

* * * * * 

Corrected supplemental order modifying the stipulated order for 

permanent injunction and awarding monetary relief entered 6/2/10. 

Notice of appeal (10-2418) of supplemental and corrected supplemental 

orders filed 6/11/10. 

Trudeau’s emergency motion for stay pending appeal filed 6/15/10; 

Commission’s response filed 6/23/10; Trudeau’s reply filed 

6/28/10; order denying motion filed 7/14/10. 

Trudeau’s brief filed 7/23/10; Commission’s brief filed 8/23/10; Trudeau’s 

reply filed 9/13/10. 

Oral argument held 9/24/10. 

Seventh Circuit opinion affirming contempt sanctions and modification of 

decree, issued 11/29/11. 

Trudeau’s petition for rehearing en banc filed 1/13/12; denied 1/30/12. 

Trudeau’s petition of certiorari filed 6/28/12; Commission’s brief in 

opposition filed 8/27/12; Trudeau’s reply brief filed 9/11/12. 

Certiorari denied 10/9/12. 

* * * * * 

Motion for coercive contempt order to compel Trudeau to comply with 

6/2/10 order requiring payment of $37 million contempt sanction, 

filed by Commission 7/16/12 

Trudeau’s opposition filed 9/25/12 

Commission’s reply filed 10/15/12. 

Order holding that the Commission has established prima facie showing of 

Trudeau’s contempt for failing to pay sanction, and ordering that 

Trudeau file a sworn financial statement and appear at a hearing 

entered 12/6/12. 
73 

* * * * * 

Order granting Commission’s motions to compel Trudeau’s attorneys 

(Winston & Strawn LLP, and Law Offices of Marc J. Lane) and 

Trudeau-controlled entities (GIN USA, KTRN, and WSU) to 

comply with subpoenas, issued 3/7/13. 

Motion to hold Lane, GIN USA, KTRN, and WSU in contempt for failing 

to comply with order compelling subpoenas filed by Commission 

4/1/13; Motion to file supporting documents under seal filed by 

Commission 4/1/13. 

Order denying motion to file documents under seal issued 4/4/13. 

Notices of appeal (13-1746 and 13-1747) of order denying motion to file 

under seal, filed by Trudeau, Winston & Strawn, Lane, GIN USA, 

KTRN, and WSU (“Trudeau appellants”), filed 4/9/13 . 

Trudeau appellants’ motions for emergency stay pending appeal filed with 

7th Circuit 4/9/13; 7th Circuit emergency stay issued 4/10/13. 

Trudeau appellants’ motion for stay pending appeal filed with 7th Circuit 

on 4/12/13; Commission’s opposition filed 4/17/13; 7th Circuit 

order vacating emergency stay issued 4/19/13; Trudeau appellants’ 

motion to reconsider filed 4/19/13; 7th Circuit order denying 

reconsideration issued 7/24/13. 

Trudeau appellants’ motion to dismiss case as moot filed 4/26/13; appeals 

(13-1746 and 13-1747) dismissed 4/29/13. 

* * * * * 

Trudeau bankruptcy petition filed 4/22/13. 

Trudeau motion to stay discovery in district court contempt proceeding 

filed 4/23/13; Commission’s opposition brief and motion for ruling 

that automatic stay does not apply to contempt proceeding, filed 

4/24/13; Trudeau opposition to Commission’s motion filed 

4/25/13; District court order granting Commission’s motion issued 

4/26/13. 

Notice of appeal (13-1898) filed by Trudeau 4/26/13; Trudeau’s motion 

for stay pending appeal filed 4/26/13; Commission’s opposition 

filed 4/29/13. 

Seventh Circuit order denying stay issued 4/30/13. 

Trudeau’s appeal voluntarily dismissed 5/24/13. 

Bankruptcy proceeding dismissed 5/28/13. 

* * * * * 

Motion to hold defendant in contempt filed 7/13/12; evidentiary hearings 

before district court on Commission’s motion to hold Trudeau in 
74 

contempt for failing to pay civil contempt sanction, held 5/21/13 

and 6/26-27/13. 

Writ ne exeat ordering Trudeau to surrender passport and not to leave the 

United States until further order of court issued 6/25/13. 

Order partially granting motion to hold Trudeau in contempt entered 

7/26/13. 

Order finding Trudeau in contempt of court and directing the US Marshall 

to take him into custody entered 9/18/13; order releasing Trudeau 

from custody entered 9/19/13. 

Order finding Trudeau in contempt of court and ordering him incarcerated 

entered 10/17/13; order releasing Trudeau from custody to prepare 

for criminal contempt trial entered 10/28/13. 

Order directing that Trudeau be incarcerated to coerce compliance with 

court’s prior orders, such coercive incarceration to be independent 

of any incarceration resulting from Trudeau’s recent conviction for 

criminal contempt, entered 11/21/13. 

 Order suspending Trudeau’s civil sentence pending completion of his 

 criminal sentence entered 3/19/14. 

 Commission’s motion for approval of partial victim redress plan filed 

 7/9/15; objection to plan by Patrick Deady filed 9/4/15; response 

 by receiver filed 9/25/15; reply by the Commission filed 9/28/15. 

Notice of appeal filed 11/3/15. 

Appellants’ opening brief filed 2/11/16; Commission’s answering brief 

 due 4/13/16. 

FTC v. UNIFIED GLOBAL GROUP, No. 1:15-cv-00422 (W.D.N.Y.) 

Parties: ARM WNY, LLC 

 Audubon Financial Bureau LLC 

 Anthony Coppola 

 Domenico D’Angelo, a/k/a Dominick D’Angelo 

 Unified Global Group, LLC 

Assigned Attorneys: Lisa Rothfarb (BCP/FP) 

 Seena Gressin 

 Heather Allen 

 Rebecca Unruh 

 Peter W. Lamberton 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act and 

 the FDCPA, in connection with abusive and unfair debt collection 

 practices. 

Status: Complaint filed 5/11/15. 

Ex parte TRO entered 5/12/15. 

Stipulated preliminary injunction as to Anthony Coppola entered 6/26/15. 
75 

Stipulated preliminary injunction as to Unified Global Group, LLC; ARM 

 WNY LLC; Audubon Financial Bureau LLC; and Domenico 

 D’Angelo entered 6/26/15. 

 

FTC v. VANTAGE POINT SERVICES, No. 1:15-cv-00006 (W.D.N.Y.) 

Parties: Vantage Point Services, LLC 

 Payment Management Solutions, Inc. 

 Bonified Payment Solutions, Inc. 

 Gregory Mackinnon 

Megan Vandeviver 

Angela Burdorf 

Joseph Ciffa 

Assigned Attorneys: Helen Wong (BCP/FP) 

 Greg Ashe 

 Jason Adler 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act and 

the Fair Debt Collection Practices Act in connection with debt collection 

activities. 

Status: Complaint filed 1/5/15. 

 TRO entered 1/5/15. 

 Preliminary injunction with asset freeze entered 5/15/15. 

FTC v. VEMMA NUTRITION, No. 2:15-cv-01578 (D. Ariz.) 

Parties: Vemma Nutrition Company 

Vemma International Holdings Inc. 

Benson K. Boreyko 

Tom Alkazin 

Bethany Alkazin 

Assigned Attorneys: Angeleque P. Linville (SER) 

Anne Dorman LeJeune (SWR) 

Emily B. Robinson 

Jason C. Moon 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act in 

connection with the operation of a pyramid scheme. 

Status: Complaint filed 8/17/15. 

 TRO entered 8/21/15. 

Order granting in part and denying in part the Commission’s motion for 

 preliminary injunction entered 9/18/15. 
76 

FTC v. VOLKSWAGEN GROUP OF AMERICA, INC., No. 3:16-cv-01534 (N.D. Cal.) 

Parties: Volkswagen Group of America, Inc. d/b/a Volkswagen of America, Inc. 

 d/b/a Audi of America, Inc. 

Assigned Attorneys: Jonathan C. Cohen (BCP/ENF) 

 Michelle L. Shaefer 

 Amanda B. Kostner 

 Sanjoon Han 

 Megan A. Bartley 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act in 

 connection with the false advertising of Defendant’s “Clean Diesel” 

 vehicles. 

Status: Complaint filed 3/29/16. 

FTC v. WILLIAMS, SCOTT & ASSOCIATES, LLC, No. 16-10063 (11th Cir.); No. 1:14-cv- 

 1599 (N.D. Ga.) 

Parties: Williams, Scott & Associates, LLC 

 WSA, LLC 

 John Williams 

 Chris Lenyszyn 

Assigned Attorneys: Robin L. Rock (SER) 

 Brad Grossman (OGC) 

Alleged Conduct: Deceptive and unfair acts or practices in violation of Section 5(a) of the 

FTC Act and the Fair Debt Collection Practices Act in connection with 

abusive and deceptive debt collection. 

Status: Complaint filed 5/27/14. 

TRO with asset freeze entered 5/28/14. 

Stipulated preliminary injunction entered 6/19/14. 

Amended complaint filed 9/24/14. 

Commission’s motion to hold defendant John Williams in contempt 

 for violations of the stipulated preliminary injunction order 

 filed 11/10/14; granted 12/2/14. 

Clerk’s entry of default as to John Williams; Williams Scott & 

 Associates; and WSA LLC entered 12/12/14. 

Order imposing contempt sanctions against defendants John Williams; 

 Williams Scott and Associates LLC and WSA LLC, as well as 

 Sterling Ross and entities associated with it, entered 12/22/14. 
77 

Commission’s motion for default judgment against defendants John 

 Williams, Williams, Scott & Associates LLC, and WSA, LLC 

 filed 3/6/15. 

Default judgment and final order for permanent injunction against 

 defendants John Williams, Williams, Scott & Associates, LLC, and 

 WSA, LLC entered 4/2/15. 

Motion for summary judgment against defendant Chris Lenyszyn filed 

 7/30/15; response in opposition filed 9/30/15. 

Order granting summary judgment in favor of Commission as to defendant 

 Lenyszyn entered 11/4/15. 

 Permanent injunction and final monetary judgment as to defendant 

 Chris Lenyszyn entered 11/4/15. 

 Notice of appeal filed 1/4/16. 

 

FTC v. WV UNIVERSAL MANAGEMENT, LLC., Nos. 15-11500, 15-13380 (11th Cir.); No. 

6:12-cv-01618 (M.D. Fla.) 

Parties: WV Universal Management, LLC, d/b/a Treasure Your Success 

Leading Production, LLC 

Global Financial Assist, LLC 

HES Merchant Services Company, Inc. 

Business First Solutions, Inc. 

Voiceonyx Corp. 

Universal Processing Services of Wisconsin, LLC 

Derek Depuydt 

Hal E. Smith 

Jonathon E. Warren 

Ramon Sanchez-Ortega 

Willy Plancher 

Valbona Toska 

Assigned Attorneys: Christopher Panek (ECR) 

 Fil M. de Banate 

Jonathan Kessler 

Michael Milgrom 

 Mark Hegedus (OGC) 

 Theodore Metzger (OGC) 

Alleged Conduct: Deceptive acts or practices in violation of Section 5 and the Telemarketing 

Sales Rule in connection with sale of services that will purportedly reduce 

consumers’ credit card interest rates. 

Status: Complaint filed 10/29/12. 

Order granting preliminary injunction entered 11/14/12. 

Amended complaint filed 6/18/13. 
78 

Motion to dismiss by HES Merchant Services Company filed 8/7/13; 

Commission’s response filed 8/23/13. 

Motion for summary judgment by Universal Processing Services filed 

8/16/13; Commission’s opposition filed 9/16/13; reply filed 

9/30/13. 

Stipulated order for permanent injunction and final judgment as to 

defendants Willy Plancher, Valbona Toska, WV Universal 

Management LLC, Global Financial Assist LLC, and Leading 

Production LLC entered 9/23/13. 

 Commission’s motion for summary judgment filed 6/30/14; defendant 

 Derek Depuydt’s opposition brief filed 7/29/14; Business First 

 Solutions, VoiceOnyx Corp., and Jonathon Warren’s brief in 

 opposition filed 7/30/14; affidavit in opposition by Hal Smith filed 

 8/1/14. 

 Permanent injunction and final judgment as to defendant Ramon 

 Sanchez-Ortega entered 10/6/14. 

 Order granting Commission’s motion for summary judgment entered 

 11/18/14. 

 Stipulated permanent injunction and final order as to Derek Depuydt 

 entered 11/19/14. 

 Stipulated order for permanent injunction and final judgment as to 

 defendants, Jonathon Warren, Business First Solutions Inc. and 

 Voiceonyx Corp. entered 11/19/14. 

 Permanent injunction and final judgment as to defendants Hal E. Smith 

 and HES Merchant Services Company, Inc. entered 2/11/15. 

 Order granting motion for equitable monetary relief judgment against 

 defendants Hal E. Smith, HES Merchant Services Company, Inc., 

 and Universal Processing Services of Wisconsin, LLC entered 

 2/11/15. 

 Permanent injunction and final monetary judgment as to defendant 

 Universal Processing Services of Wisconsin, LLC entered 5/19/15. 

 Notice of appeal of summary judgment by Universal Processing Services 

 of Wisconsin, LLC filed 7/17/15. 

 Appellant UPS’s opening brief filed 10/20/15; Appellant HES’s opening 

 brief filed 10/21/15; Commission’s responsive brief filed 12/23/15; 

 UPS’ reply brief filed 1/19/16. 

 Oral argument scheduled for 5/18/16. 

FTC v. WYNDHAM WORLDWIDE CORP., No. 14-3514 (3d Cir); No. 2:13-CV-01887; 3:13- 

 cv-1887 (D.N.J.); No. 2:12-CV-1365 (D. Ariz.) 

Parties: Wyndham Worldwide Corp. 

Wyndham Hotel Group, LLC 

Wyndham Hotels and Resorts, LLC 

Wyndham Hotel Management Inc. 
79 

Assigned Attorneys: Kevin Moriarity (BCP/DPIP) 

Andrea Arias 

Jacqueline Connor 

John Krebs 

Allison Lefrak 

Katherine McCarron 

 James Trilling 

 Shameka Walker 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 of the FTC Act in 

connection with failing to maintain reasonable of appropriate data security 

of consumer for consumers sensitive information. 

Status: Complaint filed 6/26/12. 

Defendants’ motion to dismiss filed 8/27/12; Commission’s response 

 filed 10/1/12; defendants’ reply filed 10/23/12. 

Motion for leave to file amicus curiae briefs filed by the Chamber 

 of Commerce and the International Franchise Association filed 

 10/5/12. 

Defendants’ motion to transfer venue to the District of New Jersey granted 

 3/25/13. 

Order denying defendants’ motions to dismiss and amici’s motions to file 

 briefs, subject to refiling in the District of New Jersey entered 

 3/25/13. 

Defendants’ motions to dismiss re-filed 4/26/13; Commission’s opposition 

 filed 5/20/13; defendants’ reply filed 6/10/13. 

Order denying defendant’s motion to dismiss entered 6/23/14; order 

 granting defendant’s motion for leave for interlocutory review 

 entered 6/23/14. 

 Notice of appeal filed 8/5/14. 

Wyndham’s opening brief filed 10/6/14; Commission’s answering brief 

 filed 11/5/14; Wyndham’s reply brief filed 12/8/14. 

 Oral argument held 3/3/15. 

 Supplemental memoranda requested by the Court during oral argument 

 filed 3/27/15. 

 Opinion affirming judgment of the district court entered 8/24/15. 

 Stipulated order for permanent injunction entered 12/11/15. 

 
80 

CIVIL PENALTY AND ENFORCEMENT CASES*

(A) Consumer Protection 

UNITED STATES v. BACKCOUNTRY.COM, LLC, No. 1:15-cv-2127 (D.D.C.) 

Parties: Backcountry.com, LLC 

 

Assigned Attorneys: Korin Ewing Felix (BCP/ENF) 

 Amanda Kostner 

Jacqueline Blaesi-Freed (DOJ/CPB) 

Alleged Conduct: Violations of the Textile Fiber Products Identification Act, the Rules and 

Regulations Under the Textile Fiber Products Identification Act, and 

Section 5(a)(1) of the FTC Act. 

Status: Complaint filed 12/09/15. 

 Stipulated judgment and order for civil penalties and injunctive and other 

 relief filed 12/10/15. 

UNITED STATES v. BED, BATH & BEYOND, INC., No. 1:15-cv-2129 (D.D.C.) 

Parties: Bed Bath & Beyond Inc. 

 

Assigned Attorneys: Korin Ewing Felix (BCP/ENF) 

 Amanda Kostner 

 Jacqueline Blaesi-Freed (DOJ/CPB) 

Alleged Conduct: Violations of the Textile Fiber Products Identification Act, the Rules and 

Regulations Under the Textile Fiber Products Identification Act, and 

Section 5(a)(1) of the FTC Act. 

Status: Complaint filed 12/09/15. 

 Stipulated judgment and order for civil penalties and injunctive and other 

 relief entered 12/10/15. 

 

 *

 Includes all suits in which civil penalties are sought; consumer redress, injunctions, 

and ancillary equitable relief may also be sought. 
81 

FTC v. CARIBBEAN CRUISE LINE, No. 0:15-cv-60423 (S.D. Fla.) 

Parties: Caribbean Cruise Line, Inc. 

 Linked Services Solutions, LLC 

 Economic Strategy, LLC 

 Pacific Telecom Communications Group 

 International Telephone Corporation 

 International Telephone, LLC 

 T M Caller ID, LLC 

 Telephone Management Corporation 

 Scott Broomfield 

 Jason Birkett 

 Jacob Dejongh 

 Fred A. Accuardi 

 Steve Hamilton 

Assigned Attorneys: Bikram Bandy (BCP/MP) 

 Gary Ivens 

Michael D. Bergman (OGC) 

Alleged Conduct: Violations of Section 5 of the FTC Act and the Telemarketing Sales Rule 

in connection with robocalls. 

Status: Complaint filed 3/3/15. 

Motion by Commission to approve consent judgment as to defendants 

 Caribbean Cruise Line, Inc., Linked Services Solutions, LLC, 

 Scott Broomfield, Jason Birkett, Economic Strategy, Jacob 

 Dejongh and Steve Hamilton filed 3/3/15. 

Amended complaint filed 5/18/15; counterclaim by Pacific Telecom 

 Communications Group and International Telephone Corporation 

 filed 6/2/15. 

Commission’s motion to dismiss counterclaim filed 8/13/15; response 

 filed 9/4/15; reply filed 9/21/15.

Unopposed motion to approve consent judgment by the Commission 

 filed 9/18/15. 

Order denying Commission’s motion to dismiss counterclaims but 

 granting defendants’ motion to amend entered 3/28/16. 

 

UNITED STATES v. COMMERCIAL RECOVERY SYSTEMS, No. 4:15-cv-0036 (E.D. Tex.) 

Parties: Commercial Recovery Systems, Inc. 

 Timothy Ford 

 David Devany 

Assigned Attorneys: Anne D. Lejeune (SWR) 

 Heide L. Herrmann (DOJ) 
82 

Alleged Conduct: Violations of Section 5 of the FTC Act and the Fair Debt Collection 

 Practices Act in connection with collecting auto loan and credit card debts. 

Status: Complaint filed 1/20/15. 

 United States’ motion for summary judgment filed 12/18/15. 

 Defendant David Devany’s motion for summary judgment filed 12/18/15. 

 Trial scheduled between 8/16/16 and 9/2/16. 

UNITED STATES v. DANIEL CHAPTER ONE, Nos. 15-5155, 10-5370 (D.C. Cir.); No. 1:10- 

 CV-01362 (D.D.C.) 

Parties: Daniel Chapter One 

James Feijo 

Assigned Attorneys: Laura Kim (BCP/ENF) 

 Brad Winter 

 Jessica R. Gunder (DOJ/CPB) 

Alleged Conduct: Violation of an FTC final cease and desist order in connection with 

defendants’ continued deceptive advertising, promotion, and sale of 

supposed cancer-cure products and failure to send required notification to 

prior purchasers of such products. 

Status: Complaint filed 8/13/10. 

United States’ motion for preliminary injunction filed 8/25/10. 

Defendants’ motion to dismiss filed 9/1/10. 

Order denying United States’ and defendants’ motions, and staying case 

pending resolution of defendants’ appeal of the Commission’s 

cease and desist order entered 9/14/10. 

Notice of appeal by United States filed 11/12/10. United States’ motion to 

 dismiss appeal voluntarily by United States filed 1/3/11. 

Stay lifted 3/7/11. 

United States’ motion for preliminary injunction filed 3/11/11; opposition 

filed 3/25/11; reply filed 4/1/11. 

Defendants’ motion for stay filed 3/25/11; opposition filed 4/1/11; reply 

 filed 4/8/11; motion denied 5/10/11. 

United States’ motion for preliminary injunction entered 6/22/11. 

United States’ motion for order to show cause why Daniel Chapter One, 

 James Feijo, and Patricia Feijo should not be held in contempt of 

 6/22/11 order filed 7/29/11. 

 United States’ motion for summary judgment on liability filed 9/30/11; 

 opposition filed 10/21/11; reply filed 11/30/11. 

Order finding defendants in contempt entered 5/9/12; contempt purged 

and order vacated 5/24/12. 

 Summary judgment on liability in favor of the United States entered 

9/24/12.United States’ motion for entry of final judgment filed 

4/14/14; defendants’ response filed 5/19/14; reply filed 6/6/14. 
83 

 Order granting United States’ motion for entry of final judgment entered 

3/31/15. 

 Defendants’ notice of appeal filed 5/29/15. 

Appellants’ brief filed 10/23/15; United States’ responsive brief filed 

12/18/15; appellants’ reply brief filed 1/29/16. 

Oral argument held 3/7/16. 

UNITED STATES v. DISH NETWORK LLC, No. 13-2282 (7th Cir.); 3:09-CV-03073 (C.D. 

 Ill.) 

Parties: Dish Network L.L.C. 

Assigned Attorneys: Russell Deitch (BCP/MP) 

Gary Ivens 

Patrick Runkle (DOJ/CPB) 

Lisa Hsiao 

Alleged Conduct: Violations of Section 5 and the Telemarketing Sales Rule in connection 

with abandoned calls and telephone calls to consumers on the National Do 

Not Call registry. 

Status: Complaint filed 3/25/09. 

Defendant’s motion to dismiss filed 5/21/09; plaintiff’s response in 

 opposition filed 7/17/09; defendant’s reply filed 7/27/09; plaintiff’s 

 sur-reply filed 9/11/09. 

Order denying motion to dismiss entered 11/2/09. 

Defendant’s motion for reconsideration or interlocutory appeal filed 

 11/19/09; plaintiff’s response filed 12/22/09; order denying motion 

 entered 2/4/10. 

Memorandum in opposition to motion/petition filed 5/21/10. 

Motion to compel 7/30/10; memorandum in opposition to motion 

8/16/10; memorandum in support of motion filed 9/24/10; order on 

motion to compel entered 12/9/10. 

Appeal of magistrate judge decision to district court filed 12/29/10. 

Defendants’ motion to stay action under doctrine of primary jurisdiction 

filed 12/21/10; opposition filed 1/12/11. 

Order directing the parties to file an administrative complaint with 

the FCC, to obtain its interpretation of statutory language 

entered 2/4/11. 

Order vacating magistrate’s decision denying Commission’s motion for 

 leave to file second amended complaint entered 3/12/13. 

 Amended complaint filed 3/12/13. 

Petition for writ of mandamus by Dish Network filed 6/12/13. 

Order denying petition for mandamus entered 7/3/13. 

United States’ motion for summary judgment filed 12/23/13; opposition 

filed 3/6/14. 
84 

 Motion for summary judgment by Dish Network filed 1/6/14; opposition 

filed 5/30/14. 

 United States’ motion for summary judgment filed 5/30/14. 

Order directing parties to file memoranda addressing issue of deference 

 to agency’s interpretation of its regulations entered 7/8/14; parties’ 

 memoranda of law filed 8/8/14; parties’ responses to each other’s 

 memoranda filed 8/22/14. 

Order granting partial summary judgment for United States and partial 

 summary judgment for Dish Network entered 12/12/14. 

Motion for sanctions by United States and state plaintiffs filed 7/20/15; 

 memorandum in opposition filed 8/21/15; reply filed 9/10/15;

 order granting motion in part and denying in part entered 10/13/15. 

Trial held 1/19/16-2/17/16. 

UNITED STATES v. FEATURE FILMS FOR FAMILIES, INC., Nos. 2:12-CV-00811, 2:11-

cv-00419 (D. Utah); No. 4:11-CV-00197 (N.D. Fla.) 

Parties: Feature Films for Families, Inc. 

Corporations for Character LC 

Family Films of Utah, Inc. 

Forrest Sandusky Baker, III 

Assigned Attorneys: Peter G. Fisher (AUSA) 

 Jared C. Bennett (AUSA) 

Daniel M. Baeza (DOJ/CPB) 

Michael Tankersley (BCP) 

Arturo DeCastro 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 and the 

Telemarketing Sales Rule in connection with telemarketing to induce the 

purchase of goods or services, and to induce charitable contributions, 

telemarketing calls to consumers on the Do-Not-Call list. 

Status: Complaint filed 5/5/11. 

Defendants’ motion to dismiss for failure to state a claim and for 

 improper venue filed 7/25/11; United States’ memo in opposition 

 filed 8/8/11; order denying motion entered 10/25/11. 

Defendants’ counterclaim against the United States filed 11/14/11. 

United States’ motion to dismiss counterclaims for lack of jurisdiction 

 filed 12/21/11; response in opposition filed 1/09/12; motion denied 

 5/19/12. 

Case transferred to the District of Utah 8/20/12. 

Case consolidated with Corporation for Character v. FTC, 

 No. 2:11-CV-00419, on 9/6/12. 

Defendants’ motion for partial summary judgment filed 9/6/12; United 

 States’ opposition filed 12/14/12. 

United States’ motion for partial summary judgment filed 3/1/13. 
85 

United States’ second motion for partial summary judgment filed 5/17/13; 

 opposition filed 7/19/13; reply filed 7/30/13. 

Hearing on motions for partial summary judgment held 1/16/14. 

United States’ supplemental memorandum regarding motion for summary 

 judgment filed 2/14/14; defendants’ reply to supplemental 

 memorandum filed 3/7/14. 

Order granting in part and denying in part defendants’ motion for partial 

 summary judgment and granting in part and denying in part United 

 States’ motion for partial summary judgment entered 3/31/15. 

Trial scheduled for 5/16. 

UNITED STATES v. J.C. PENNEY COMPANY, INC., No. 1:15-cv-2128 (D.D.C.) 

Parties: J.C. Penney Company, Inc. 

Assigned Attorneys: Korin Felix (BCP/ENF) 

 Amanda Kostner 

 Raquel Toledo (DOJ/CBP) 

Alleged Conduct: Violations of the Textile Fiber Products Identification Act, the Rules and 

Regulations Under the Textile Fiber Products Identification Act, and 

Section 5(a)(1) of the FTC Act. 

Status: Complaint entered 12/09/15. 

 Stipulated judgment and order for civil penalties and injunctive and other 

relief entered 12/10/15. 

UNITED STATES v. KFJ MARKETING, LLC, No. 2:16-cv-1643 (C.D. Cal.) 

Parties: KFJ Marketing, LLC 

 Sunlight Solar Leads, LLC 

 Go Green Education 

 Francisco J. Salvat d/b/a Go Green Leads, Myleadgroup 

Assigned Attorneys: Sarah E. Schroeder (WRSF) 

 Alexander E. Reicher 

 Sylvia Kundig 

 Benjamin Mizer (DOJ) 

 Johnathan F. Olin 

 Michael S. Blume (DOJ/CPB) 

 Andrew E. Clark 

 Jacqueline Blaesi-Freed 

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the Telemarketing Sales 

Rule in connection with the use of robocalls to sell solar panels and 

installation services. 
86 

Status: Complaint filed 3/10/16. 

 

UNITED STATES v. LAI SYSTEMS, LLC, No. 2:15-cv-9691 (C.D. Cal.) 

Parties: LAI Systems, LLC 

Assigned Attorneys: Jacqueline Blaesi-Freed (DOJ/CPB) 

 Maneesha Mithal (BCP/DPIP) 

 Mark Eichorn 

 Megan Cox 

 Cora Han 

Alleged Conduct: Violations of the Children’s Online Privacy Protection Rule and Section 5 

of the FTC Act. 

Status: Complaint filed 12/17/15. 

 Stipulated order for permanent injunction and civil penalty entered 

12/22/15. 

 Amended stipulated order for permanent injunction and civil penalty 

judgment entered 12/23/15. 

FTC v. LENTINE, No. 1:15-cv-0033 (E.D. Tenn.) 

Parties: Lou Lentine 

Viatek Consumer Products Group, Inc. 

Assigned Attorneys: Susan E. Arthur (SWR) 

Alleged Conduct: Violations of Section 5(a) of the FTC Act in connection with the deceptive 

promotion or offering for sale of Viatek Mosquito Shield Bands. 

Status: Complaint filed 2/17/15. 

 Trial scheduled for 8/16/16. 

UNITED STATES v. LILLY MANAGEMENT & MARKETING, LLC, No. 6:16-cv-435

 (M.D. Fla.) 

Parties: Lilly Management and Marketing, LLC d/b/a USA Vacation Station 

 Kevin W. Lawrence 

Assigned Attorneys: Tejasvi Srimushnan (BCP/DMP) 

 Andrew S. Hudson 

 Benjamin C. Mizer, (DOJ) 

 Michael S. Blume (DOJ/CPB) 

 Raquel Toledo 
87 

 Andrew Clark 

 Lee Bentley, III (AUSA) 

Lacy Harwell, JR 

Alleged Conduct: Deceptive and unfair acts or practices in violation of Section 5(a) of the 

 FTC Act and the Telemarketing Sales Rule in connection with the sale of 

 vacation packages. 

 

Status: Complaint filed 3/16/16. 

 Stipulated permanent injunction and civil penalty judgment against all 

 all defendants entered 3/25/16. 

UNITED STATES v. NORDSTROM, INC., No. 1:15-cv-2130 (D.D.C.) 

Parties: Nordstrom, Inc. 

Assigned Attorneys: Korin Felix (BCP/ENF) 

 Amanda Kostner 

 Raquel Toledo (DOJ/CPB) 

Alleged Conduct: Deceptive and unfair acts or practices in violation of Section 5 of the FTC 

Act and the Textile Act in connection with labeling and advertising of 

textile products. 

Status: Complaint filed 12/9/15. 

Stipulated judgment and order for civil penalties and injunctive and other 

relief entered 12/10/15. 

UNITED STATES v. RETRO DREAMER, No. 5:15-cv-2569 (C.D. Cal.) 

Parties: Retro Dreamer 

 Craig Sharpe, individually and as an officer of Retro Dreamer 

 Gavin Bowman, individually and as an officer of Retro Dreamer 

Assigned Attorneys: Jacqueline Blaesi-Freed (DOJ/CPB) 

 Maneesha Mithal (BCP/DPIP) 

 Mark Eichorn 

 Megan Cox 

 Cora Han 

Alleged Conduct: Violations of Section 5 of the FTC Act and the Children’s Online Privacy 

Protection Rule. 

Status: Complaint filed 12/17/15. 

Stipulated permanent injunction and civil penalty judgment against all 

defendants entered 12/28/15. 
88 

FTC v. ROSS-CLAYTON FUNERAL HOME, INC., No. 2:13-cv-851 (M.D. Ala.) 

Parties: Ross-Clayton Funeral Home, Inc. 

David C. Ross 

Eleanor Lewis Dawkins 

Assigned Attorneys: P. Connell McNulty (BCP/MP) 

 Patricia Hsue 

Alleged Conduct: Violations of the Commission’s Trade Regulation Rule Concerning 

Funeral Industry Practices by failing to show people a printed or 

typewritten casket price list. 

Status: Complaint filed 11/21/13. 

Defendants’ motion to dismiss filed 1/28/14; denied 5/7/15. 

Commission’s motion for summary judgment filed 4/27/15; defendants’ 

 opposition filed 6/30/15. 

 Defendants’ counterclaim against the Commission filed 6/23/15. 

 Commission’s motion to strike counterclaim filed 8/24/15; opposition 

 filed 9/11/15; reply filed 9/14/15. 

Motions for default judgment and summary judgment by the 

 defendants filed 9/14/15; Commission’s opposition filed 10/16/15. 

Commission’s motion to dismiss counterclaims filed 10/16/15; 

defendants’ opposition filed 12/28/15. 

 Defendants’ motion for leave to file second amended counterclaim filed 

12/29/15. 

Trial scheduled for 4/18/16. 

UNITED STATES v. SPRINT CORPORATION, No. 2:15-cv-9340 (D. Kan.) 

Parties: Sprint Corporation 

Assigned Attorneys: Barry Grissom (AUSA) 

 Christopher Allman 

 Benjamin Mizer (DOJ) 

 Jonathan Olin 

 Michael Blume (DOJ/CPB) 

 Andrew Clark 

 Kerala Cowart 

 Matthew Wilshire (BCP/ENF) 

 Duane Pozza 

Alleged Conduct: Violations of Section 5 of the FTC Act, Section 615 of the FCRA, and the 

rule regarding Duties of Users Regarding Risk-Based Pricing. 
89 

Status: Complaint filed 10/21/15. 

 Stipulated order for permanent injunction entered 1/8/16. 

(B) Competition 

 

UNITED STATES v. BLAVATNIK, No. 1:15-cv-01631 (D.D.C.) 

Parties: Len Blavatnik 

Assigned Attorneys: Kenneth Libby (BC/ENF) 

 

Alleged Conduct: Violation of the notice and waiting requirements of the Hart-Scott-Rodino 

Antitrust Improvements Act of 1976, with respect to the acquisition of 

voting securities of TangoMe, Inc. 

Status: Complaint filed 10/6/15. 

United States’ motion for entry of final judgment filed 10/6/15. 

 Order directing parties to file supplemental briefs addressing why the 

procedures set forth in the Tunney Act do not apply to the 

proposed final judgment entered 10/19/15. 

 Supplemental memorandums filed 11/20/15. 

 Hearing held 2/3/16. 

 Memorandum opinion and order ruling that Tunney Act procedures must 

 be followed, and denying without prejudice United States’ motion 

for entry of 

 judgment, entered 2/12/16. 

UNITED STATES v. LEUCADIA NATIONAL CORP., No. 1:15-cv-01547 (D.D.C.) 

 

Parties: Leucadia National Corp. 

Assigned Attorneys: Kenneth A. Libby (BC/ENF) 

Alleged Conduct: Violations of the notice and waiting period requirements of the Hart-ScottRodino Antitrust Improvements Act with respect to the acquisition of 

voting securities of KCG Holdings, Inc. 

Status: Complaint filed 9/22/15. 

 United States’ motion for entry of final judgment filed 9/22/15. 

 Order directing parties to file supplemental briefs addressing why the 

procedures of the Tunney Act do not apply to the proposed final 

judgment entered 10/19/15. 

 Supplemental memorandums filed 11/20/15. 

 Hearing scheduled held 2/3/16. 
90 

Memorandum opinion and order ruling that Tunney Act procedures must 

be followed, and denying without prejudice United States’ motion 

for entry of judgment, entered 2/12/16. 

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS 

FTC v. APOLLO EDUCATION GROUP, INC., No. 2:16-mc-00002 (D. Ariz.) 

Parties: Apollo Education Group, Inc. 

 The University of Phoenix, Inc. 

Assigned Attorney: Burke Kappler (OGC) 

Alleged Conduct: Petition for an order to enforce CIDs. 

Status: Petition filed 1/12/16. 

FTC v. BOEHRINGER INGELHEIM PHARMACEUTICALS, INC., No. 12-5393 (D.C. Cir.); 

No. 1:09-MC-00564 (D.D.C.) 

Parties: Boehringer Ingelheim Pharmaceuticals, Inc. 

Assigned Attorneys: Mark Hegedus (OGC) 

Leslie R. Melman 

David C. Shonka 

Alleged Conduct: Petition for an order to enforce a subpoena. 

Status: Petition filed 10/23/09. 

Order to show cause entered 12/4/09. 

Matter transferred to magistrate judge 12/1/10. 

Status conference held on 10/24/11. 

Hearing on merits held 12/09/11. 

Order denying Commission’s petition as to financial analysis documents 

 and ordering Boehringer to redact and produce the remaining 

 records entered 9/27/12. 

Order holding that Boehringer failed to conduct an adequate search of its 

 electronically stored information, and ordering Boehringer to run 

 additional searches entered 10/16/12. 

Commission’s notice of appeal filed 12/11/12. 

Boehringer’s motion to dismiss appeal filed 1/28/13; Commission’s 

 response in opposition filed 2/11/13; Boehringer’s reply filed 

 2/22/13; order denying motion to dismiss entered 4/12/13. 

Commission’s initial brief filed 6/28/13; appellees’ brief filed 8/28/13; 

 Commission’s reply brief filed 9/11/13; appellee’s final brief filed 
91 

 10/3/13. 

Argument held 10/14/14. 

Opinion reversing and remanding to district court entered 2/20/14. 

Boehringer’s petition for rehearing en banc filed 4/6/15; Commission’s 

 response filed 5/19/15; denied 6/4/15. 

 Boehringer’s motion to stay pending a petition for certiorari filed 6/11/15; 

 Commission’s opposition filed 6/22/15. 

 Order denying motion to stay mandate 7/2/15. 

 Petition for writ of certiorari filed 10/2/15; Commission’s opposition brief 

filed 12/16/15; order denying petition for writ of certiorari entered 

1/19/16. 

Order by district court directing Boehringer to file brief discussing new 

evidence entered 12/2/15; Boehringer’s brief filed12/23/15; 

Commission’s response filed 1/20/16; Boehringer’s motion to file 

reply brief filed1/28/16; Commission’s response in opposition filed 

2/1/16. 

 

FTC v. GENERAL, LLC, No. 3:16-cv-136 (D. Nev.) 

Parties: General, LLC 

 Media, LLC 

Assigned Attorney: Burke Kappler (OGC) 

Alleged Conduct: Petition to enforce CIDs. 

Status: Petition to enforce CIDs filed 3/9/16; defendants’ responses due 4/25; 

Commission’s reply due 4/29/16. 

 Show cause hearing scheduled for 5/3/16. 

FTC v. RECKITT BENCKISER PHARMACEUTICALS, INC., No. 3:14-mc-00005 (E.D. Va.) 

Parties: Reckitt Benckiser Pharmaceuticals, Inc. 

Assigned Attorneys: Burke W. Kappler (OGC) 

Alleged Conduct: Petition for an order to enforce a CID. 

Status: Petition filed 8/8/14. 

Reckitt Benckiser Pharmaceuticals’ motion to transfer filed 9/3/14; 

 Commission’s brief in opposition to motion to transfer filed 

 9/12/14; order denying motion to transfer entered 9/24/14. 

Commission’s motion to enforce CID filed 11/24/14; Reckitt’s brief in 

 opposition filed 12/8/14; Commission’s reply brief filed 12/15/14. 

Memorandum Opinion directing Reckitt to produce documents for in 

camera review by Special Master entered 3/10/15. 
92 

Parties’ replies to Special Master filed 4/24/15; evidentiary hearing held 

 5/8/15. 

Special Master’s motion for clarification filed 5/28/15; order denying 

 Reckitt’s position on scope of in camera review entered 6/1/2015. 

In chambers conference held on 9/9/2015. 

Interim report and recommendation by Special Master entered 2/9/16. 

Supplemental report by Special Master directing Reckitt to produce 

 additional documents entered 3/31/16. 

FTC v. THE WESTERN UNION CO., Nos. 13-3100, 13-3272 (2d. Cir.); No.1:13-MC-00131 

 (S.D.N.Y) 

Parties: The Western Union Company 

Lonnie Keene 

Keene Consulting Arizona, LLC 

Assigned Attorneys: Burke Kappler (OGC) 

 Leslie R. Melman 

Alleged Conduct: Petition for an order to enforce a CID. 

Status: Petition filed 4/15/13. 

 Hearing held 5/28/13. 

 Enforcement order entered 6/6/13; revised 6/7/13. 

Motion by Western Union for clarification or reconsideration filed 

 6/17/13; Commission’s opposition filed 6/19/13; motion denied 

 6/20/13. 

 Notice of appeal by Commission filed 8/14/13; cross appeal by Western 

Union filed 8/27/13. 

Application for contempt by Commission filed 11/8/13; response by 

Western Union filed 11/27/13; reply filed 12/5/13; stipulated order 

resolving contempt entered 12/9/13. 

Commission’s opening appeal brief filed 11/27/13; Western Union’s 

answering and cross-appeal brief filed 2/26/14; Commission’s 

response and reply brief filed 4/28/14; Western Union’s reply on 

cross-appeal filed 5/22/14. 

Oral argument held 9/10/14. 

Second Circuit court opinion holding that the district court erred in not 

enforcing the CID entered 10/8/14. 

Joint memorandum of law filed 3/6/15. 

 
93 

FTC v. TRACERS INFORMATION SPECIALISTS, INC., No. 2:16-mc-00018 (M.D. Fla.) 

Parties: Tracers Information Specialists, Inc. 

Assigned Attorney: Bradley Grossman (OGC) 

Alleged Conduct: Petition for an order to enforce a CID. 

Status: Petition filed 2/12/16; Tracer’s response filed 3/23/16; Commission’s 

reply filed 3/28/16. 

 Show cause hearing scheduled for 5/2/16. 

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION 

CAUSE OF ACTION v. FTC, No. 13-5335 (D.C. Cir.); No. 1:12-CV-00850 (D.D.C.) 

Parties: Cause of Action 

Assigned Attorneys: Peter Maier (AUSA) 

Michael Bergman (OGC) 

Dione Stearns 

Nature of Action: Action alleging violation of the Freedom of Information Act. 

Status: Complaint filed 5/25/12. 

Commission’s motion for summary judgment filed 9/28/12; plaintiff’s 

 opposition brief filed 11/28/12; Commission’s reply brief filed 

 1/25/13. 

Opinion and order granting in part and denying in part the Commission’s 

motion for summary judgment entered 8/19/13. 

Final consent judgment entered 9/12/13. 

Notice of appeal filed 11/14/13. 

 Appellant’s brief filed 5/6/14; Commission’s answering brief filed 

 8/6/14; appellant’s reply brief filed 9/24/14. 

 Oral argument held 1/13/15. 

 Opinion reversing judgment of the district court and remanding for further 

 proceedings entered 8/25/15. 

 Joint status report filed 12/18/15. 

 Updated joint status report filed 2/16/16. 

CENTER FOR DIGITAL DEMOCRACY v. FTC, No. 1:14-cv-02084 (D.D.C.) 

Parties: Center for Digital Democracy 

Assigned Attorneys: Marian L. Borum (AUSA) 
94 

 Bradley Grossman (OGC) 

Nature of the Action: Freedom of Information Act action regarding the release of records. 

Status: Complaint filed 12/11/14. 

Commission’s motion for summary judgment filed 3/23/15; plaintiff’s 

 opposition and cross-motion for summary judgment filed 5/20/15; 

 Commission’s reply filed 6/10/15; plaintiff’s reply filed 6/24/15. 

 Commission’s motion for leave to file surreply filed 7/7/15.

COMPASSION OVER KILLING v. FTC, No. 15-15107 (9th Cir.); No. 3:13-cv-1385 (N.D. 

Cal.) 

 

Plaintiffs: Compassion Over Killing 

Animal Legal Defense Fund 

Elizabeth Barrett 

Adrea Bock 

Linda Calbreath 

Jason Canada 

Jeri Opalk 

Humberto Retana 

 

Defendants: Food and Drug Administration and Margaret Hamburg, Commissioner 

Agriculture Marketing Service and David R. Shipman, Administrator 

Food Safety and Inspection Service and Alfred V. Almanza, Administrator

Federal Trade Commission and Edith Ramirez, Chairwoman

 

Assigned Attorney: Michele Arington (OGC) 

 Ann Entwistle (DOJ/CPB) 

Jeffrey E. Sandberg (DOJ/CIV) 

 

Nature of Action: Action for declaratory and injunctive relief under the Administrative 

Procedure Act in connection with petitions requesting rulemakings to 

revise or create new labeling requirements for eggs. 

 

Status: Complaint filed 3/28/13. 

 Amended complaint filed 3/27/14. 

 Plaintiffs’ motion for summary judgment filed 7/23/14; government’s 

opposition and cross-motion for summary judgment filed 8/27/14; 

plaintiffs’ reply/response filed 9/26/14; government’s reply brief 

filed 10/27/14. 

 Order denying plaintiffs’ motion for summary judgment and granting the 

government’s motion for summary judgment entered 12/23/14. 

 Notice of Appeal filed 1/20/15. 

 Appellants’ opening brief filed 6/16/15; Government’s answering brief 

filed 9/8/15; appellants’ reply brief filed 10/26/15. 
95 

FRANKEL v. UNITED STATES, No. 15-5146 (Fed. Cir.); No. 1:13-cv-546 (Fed. Cl.) 

Parties: David Frankel 

Assigned Attorneys: Meen Geu Oh (DOJ) 

 Olga Vaytsman (OGC) 

Jack Metzler 

Nature of Action: Action alleging that the Commission failed to conduct the Robocall 

Challenge in accordance with its own published rules. 

Status: Complaint filed 8/6/13. 

Motion to dismiss by USA filed 10/28/13; defendant’s response filed 

11/7/13; reply filed 11/26/13; sur-reply filed 12/3/13. 

Opinion granting in part and denying in part motion to dismiss entered 

8/27/14. 

Plaintiff’s motion for summary judgment filed 4/6/15; Commission’s 

 response and cross motion filed 5/4/15; Plaintiff’s reply filed 

 5/23/15; Commission’s reply filed 6/19/15; sur-reply filed by 

 David Frankel 6/26/15. 

 Oral argument scheduled for 7/14/15. 

 Judgment granting the Commission’s motion for summary judgment 

 7/23/15. 

 Defendant’s motion for reconsideration denied 7/31/15. 

 Notice of appeal by the defendant filed 8/29/15. 

 Appellant’s opening brief filed 12/21/15; Commission’s answering brief 

 filed 3/4/16; appellant’s reply brief filed 3/21/16. 

REITINGER v. FTC, No. 1:15-cv-00725 (D.D.C.) 

Parties: Philip Reitinger 

Assigned Attorneys: Burke Kappler (OGC) 

 Michele Arington 

Arjun Garg (DOJ) 

Nature of Action: Action alleging violation of Freedom of Information Act. 

Status: Complaint filed 5/13/15. 

Answer to complaint filed by the Commission 6/15/15. 

Non-exempt document production by the Commission 7/21/15. 

Joint status report filed 7/30/15. 

Status conference held 9/8/15. 

Joint status reports filed 11/27/15, 1/20/16, and 2/22/16. 
96 

AMICUS CURIAE BRIEFS or PARTIAL INTERVENTIONS 

AMERICAN SALES COMPANY v. WARNER CHILCOTT COMPANY., LLC, No. 14-2071 

 (1st Cir.) 

Assigned Attorneys: Mark Hegedus (OGC) 

Nature of Action: Private action involving antitrust claims that branded pharmaceutical firms 

involved in the sale of Loestrin 24 FE made reverse payment to generic 

company in exchange for the latter’s promise to drop its patent challenge. 

Status: Brief of Federal Trade Commission as amicus curiae in support of 

 plaintiffs-appellants filed 6/16/15. 

 Appellant’s brief filed 8/20/15; supporting amicus briefs filed 8/27/15; 

 appellants’ reply brief filed 9/24/15. 

Oral argument held 12/7/15. 

Opinion reversing district court entered 2/22/16. 

BATMAN v. FACEBOOK, No. 13-16819 (9th Cir.) 

Assigned Attorneys: Imad Abyad (OGC) 

 Joel Marcus 

Nature of Action: Private action concerning Facebook’s use of users’ names and images for 

advertisements without their consent. 

Status: Brief of Federal Trade Commission as amicus curiae disagreeing with 

 district court’s view of federal preemption regarding the Children’s 

 Online Privacy Protection Act filed 3/20/14. 

 Oral argument held 9/17/15. 

 Memorandum opinion affirming district court without resolving merits of 

 preemption question entered 1/6/16 

 Appellants’ petition for rehearing filed 1/20/16; petition denied 2/16/16. 

 

BOCK v. PRESSLER & PRESSLER, No. 15-1056 (3d Cir.)

 

Assigned Attorneys: Jack Metzler (OGC) 

Nature of Action: Private action concerning debt-collection law firm’s alleged violations of 

the Fair Debt Collection Practices Act by using an automated process to 

file lawsuits, with no meaningful involvement by an attorney. 

Status: Brief of the Consumer Financial Protection Bureau and the Federal Trade 

 Commission as amici curiae in support of appellee filed 8/13/15. 

 Reply brief filed 9/8/15. 

 Oral argument held 11/9/15. 
97 

IN RE EFFEXOR XR ANTITRUST LITIGATION, Nos. 15-1184, 15-1185, 15-1186, 15-

1187, 15-1274, 15-1323, 15-1342 (3d Cir.) 

Assigned Attorneys: Michele Arington (OGC) 

Nature of Action: Private action raising the question of whether drug companies’ reverse- 

 payment agreement was shielded from antitrust scrutiny on the basis of 

 FTC inaction and patent court’s entry of stipulated judgment. 

Status: Brief of the Federal Trade Commission as amicus curiae supporting 

plaintiffs-appellants filed 11/17/15. 

 Commission’s supplemental amicus brief filed 3/17/16. 

FRANKLIN v. PARKING REVENUE RECOVERY SERVICES, No. 14-3774 (7th Cir.) 

Assigned Attorneys: Leslie Melman (OGC) 

Nature of Action: Private action concerning whether the Fair Debt Collection Practices Act 

 (FDCPA) applies to collection letters for unpaid parking lot fees sent to 

 consumers, and if unpaid parking lot fees are “debts” as defined in the 

 FDCPA. 

Status: Brief of the Consumer Financial Protection Bureau and the Federal Trade 

 Commission as amici curiae arguing the reversal of the district 

court’s ruling filed 12/11/15. 

HERNANDEZ v. WILLIAMS, ZINMAN & PARHAM, P.C., No. 14-15672 (9th Cir.) 

Assigned Attorneys: Burke Kappler (OGC) 

Nature of Action: Private action involving provision of Fair Debt Collection Practices Act 

 requiring that debt collectors provide notice to consumers advising 

 them of their rights to dispute or obtain verification of the debt. 

Status: Brief of the Consumer Financial Protection Bureau and the Federal Trade 

 Commission as amici curiae in support of appellant and reversal 

 filed 8/20/14. 

 Answering brief of Williams, Zinman & Parham LLC filed 11/28/14. 

 Reply brief of Maria Hernandez filed 1/8/15. 

 Oral argument held 3/17/16. 
98 

MORAN v. THE SCREENING PROS, No. 12-57246 (9th Cir.) 

Assigned Attorney: Jack Metzler (OGC) 

Nature of Action: Private action involving a Fair Credit Reporting Act provision limiting 

 the time period for listing misdemeanors on a report. 

Status: Brief of the Consumer Financial Protection Bureau and the Federal Trade 

 Commission as amici curiae filed in support of plaintiff’s Section 

 605(a) claim filed 10/7/13. 

 Argument held 2/2/15. 

MYLAN PHARMACEUTICALS INC. v. WARNER CHILCOTT PLC, No. 15-2236 (3d Cir.)

Assigned Attorneys: Mark Hegedus (OGC) 

Alleged Conduct: Private action addressing the question of whether, and to what extent, 

 product hopping constitutes exclusionary conduct in the generic drug 

 market. 

Status: Brief of the Federal Trade Commission arguing reversal of district court’s 

summary judgment ruling filed 9/30/15. 

IN RE NEXIUM ANTITRUST LITIGATION, Nos. 15-2005, 15-2006, 15-2007 (1st Cir.) 

Assigned Attorney: Mark Hegedus (OGC) 

Nature of Action: Private action urging appeals court to correct district court’s holding that 

 proving injury-in-fact is necessary to establish an antitrust 

 violation. 

Status: Brief of the Federal Trade Commission as amicus curiae filed 2/12/16. 

IN RE WELLBUTRIN XL ANTITRUST LITIGATION, Nos. 15-3559, 15-3591, 15-3681, 15- 

3682 (3d Cir.) 

Assigned Attorney: Mark Hegedus (OGC) 

Alleged Conduct: Private action urging appeals court to correct legal errors in 

district court’s antitrust analysis of reverse-payment agreement. 

Status: Brief of the Federal Trade Commission as amicus curiae filed 3/11/16. 

WOODMAN’S FOOD MARKET, INC. v. CLOROX CO., No. 15-3001 (7th Cir.) 

Assigned Attorney: Brad Grossman (OGC) 
99 

Alleged Conduct: Private action addressing the question of whether large package sizes are a 

promotional service under Section 2(e) of the Robinson-Patman Act. 

Status: Brief of the Federal Trade Commission arguing reversal of district court’s 

summary judgment ruling filed 11/2/15. 

Oral argument held 2/12/16.