Page 1 of 3

UNITED STATES OF AMERICA

BEFORE FEDERAL TRADE COMMISSION

 

)

) FILE NO. 102 3041

In the Matter of )

)

Pinnacle Marketing Group, Corp. )

 d/b/a Homeeverything.com, ) AGREEMENT CONTAINING

a corporation. ) CONSENT ORDER 

)

 )

The Federal Trade Commission (“FTC” or “Commission”) has conducted an

investigation of certain acts and practices of Pinnacle Marketing Group, Corp. d/b/a

Homeeverything.com (“proposed respondent”). Proposed respondent, having been represented

by counsel, is willing to enter into an agreement containing a consent order resolving the

allegations contained in the attached draft complaint. Therefore,

IT IS HEREBY AGREED by and between Pinnacle Marketing Group, Corp. d/b/a

Homeeverything.com, by its duly authorized officer, and counsel for the Federal Trade

Commission that:

1. Proposed respondent is a New York corporation with its principal office or place of

business at 1273 Coney Island Avenue, Brooklyn, New York 11230. Respondent maintains a

website at www.homeeverything.com, which advertises, offers for sale, and sells a variety of

products to retail customers, including refrigerators, freezers, clothes washers, dishwashers, and

room air conditioners.

2. Proposed respondent admits all the jurisdictional facts set forth in the draft complaint.

3. Proposed respondent waives:

a. Any further procedural steps, including but not limited to those described in

Sections 1.92-1.97 of the Commission’s Rules of Practice, 16 C.F.R. §§ 1.92-

1.97, and the Energy Policy and Conservation Act, 42 U.S.C. § 6303(d);

b. The requirement that the Commission’s decision contain a statement of findings

of fact and conclusions of law; and
 

Page 2 of 3

c. All rights to seek judicial review or otherwise to challenge or contest the validity

of the order entered pursuant to this agreement.

4. This agreement shall not become part of the public record of the proceeding unless and

until it is accepted by the Commission. If this agreement is accepted by the Commission, the

Commission will issue and serve its complaint (in such form as the circumstances may require)

and decision in disposition of the proceeding.

5. This agreement is for settlement purposes only and proposed respondent denies that the

law has been violated as alleged in the draft complaint, and that the facts as alleged in the draft

complaint, other than the jurisdictional facts, are true.

6. This agreement contemplates that, if it is accepted by the Commission, the Commission

may, without further notice to proposed respondent, (1) issue its complaint corresponding in

form and substance with the attached draft complaint and its decision containing the following

order in disposition of the proceeding, and (2) make information about it public. When so

entered, the order shall have the same force and effect and may be altered, modified, or set aside

in the same manner and within the same time provided by statute for other orders. The order

shall become final upon service. Delivery of the complaint and the decision and order to

proposed respondent’s address as stated in this agreement by any means specified in Section

4.4(a) of the Commission’s Rules shall constitute service. Proposed respondent waives any right

it may have to any other manner of service. The complaint may be used in construing the terms

of the order. No agreement, understanding, representation, or interpretation not contained in the

order or in the agreement may be used to vary or contradict the terms of the order.

7. Proposed respondent has read the draft complaint and consent order.

ORDER

DEFINITIONS

1. Unless otherwise specified, “respondent” shall mean Pinnacle Marketing Group, Corp.

d/b/a Homeeverything.com and its successors and assigns.
 

Page 3 of 3

I.

IT IS ORDERED that, within five days from the date of the issuance of this order,

respondent shall pay, pursuant to 42 U.S.C. § 6303(a) and FTC Rules of Practice, 16 C.F.R. §§

1.97-1.98, a civil penalty in the amount of $100,000. Respondent shall make this payment by

electronic fund transfer to the Treasurer of the United States, pursuant to a procedure to be

specified by Commission staff in writing. In the event of default, respondent shall be liable for

interest calculated in accordance with 28 U.S.C. § 1961.

Signed this day of August, 2010

Pinnacle Marketing Group, Corp.

d/b/a Homeeverything.com

By: 

Albert Esses, President

Pinnacle Marketing Group, Corp.

 

Gary M. Meltzer, Esq.

Meltzer, Lippe, Goldstein & Breitstone, LLP

Counsel for respondent

 

LAURA SCHNEIDER

MATTHEW J. WILSHIRE

Counsel for the Federal Trade Commission

APPROVED:

 

JAMES A. KOHM

Associate Director for Enforcement

Bureau of Consumer Protection

 

DAVID C. VLADECK

Director

Bureau of Consumer Protection