QUARTERLY FEDERAL COURT
 

LITIGATION STATUS REPORT
 

Office of the General Counsel
 

Bureau of Competition 

Bureau of Consumer Protection 

Regional Offices
 

March 31, 2017 

No. 131 
 

 

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 ................................................................... 82 

A) Consumer Protection .................................................................................................... 82 

B) Competition .................................................................................................................. 89 

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS ..................................................... 90 

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION ....................... 94 

AMICUS CURIAE BRIEFS ......................................................................................................... 98 
 

 

 

 

SUMMARY OF CASES 

D. Ct. Ct. App.* S. Ct. Total 

PETITIONS FOR REVIEW 0 3 1 4 

INJUNCTION AND 

CONSUMER REDRESS CASES

 73 17 4 94 

CIVIL PENALTY AND 

ENFORCEMENT CASES 

11 1 0 12 

SUBPOENA AND CID 

ENFORCEMENTS 

5 2 0 7 

SUITS TO ENJOIN FTC 

ACTION AND OTHER 

DEFENSIVE LITIGATION 

6 2 0 8 

AMICUS CURIAE BRIEFS 0 5 3 8 

TOTALS 95 30 8 133 

*

 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. 

ii 
 

 

PETITIONS FOR REVIEW 

(A) Orders to Cease and Desist 

CONSUMERS FOR AUTO RELIABILITY & SAFETY v. FTC, No. 17-1038 (D.C. Cir.) 

Parties: Consumers for Auto Reliability and Safety 

The Center for Auto Safety 

U.S. Public Interest Research Group 

 California Public Interest Research Group 

 Connecticut Public Interest Research Group 

 Massachusetts Public Interest Research Group 

Assigned Attorney: Leslie Melman (OGC) 

Nature of Action:	 Petition for review of three final Commission orders. 

Status: Petition for review filed 2/6/17. 

 Petitioners’ motion to hold case in abeyance pending resolution of 

complaint filed in district court filed 3/8/17; Commission’s 

consolidated opposition to abeyance and motion to dismiss filed 

3/17/17. 

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 final Commission order. 

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

 Petitioner’s opening brief filed 3/2/16. 

Commission’s brief filed 5/4/16. 

Petitioner’s reply brief filed 5/30/16. 

Oral argument heard 7/26/16. 

Opinion affirming Commission’s final order entered 3/16/17. 

FANNING v. FTC, No. 16-397 (S. Ct.); No. 15-1520 (1st Cir.) 

Parties: John Fanning 

Assigned Attorneys:	 Leslie Melman (OGC) 

Bradley Grossman 

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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 heard 12/8/15. 

Opinion affirming in large part Commission’s final order entered 5/9/16. 

 Petition for certiorari filed 9/27/16. 

 Petition for certiorari denied 1/9/17. 

LABMD, INC. v. FTC, No. 14-12144 (11th Cir.) 

Parties: LabMD, Inc. 

Assigned Attorneys:	 Jack Metzler (OGC) 

 Matthew Hoffman 

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

Status: Petition for review filed 9/29/16. 

Order granting stay entered 11/10/16. 

Petitioner’s opening brief filed 12/27/16. 

Commission’s brief filed 2/9/17. 

Petitioner’s reply brief filed 3/9/17. 

Oral argument scheduled for 6/17. 

(B) Rulemakings 

(None Pending) 

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INJUNCTION AND CONSUMER REDRESS CASES 

(A)Preliminary Injunctions (Mergers/Acquisitions) 

FTC v. ADVOCATE HEALTH CARE NETWORK, No. 16-2492 (7th Cir.); No. 1:15-cv11473 (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 

 Joel Marcus (OGC) 

 Matthew Hoffman 

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 12/18/15. 

TRO entered 12/23/15. 

 Order denying motion for preliminary injunction filed 6/14/16. 

 Commission’s notice of appeal filed 6/15/16. 

 District court order granting motion for injunction pending appeal entered 

6/17/16. 

Commission’s opening brief filed 7/15/16; appellees’ brief filed 8/1/16; 

Commission’s reply brief filed 8/12/16. 

Oral argument heard 8/19/16. 

Order reversing the district court’s decision and remanding the case for 

further proceedings entered 11/16/16. 

District court order granting motion for preliminary injunction entered 

3/7/17. 

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(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. 

 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. 

*

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

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

4 
 

 

 

 

Order modifying terms of preliminary injunction with asset freeze and 

retention of records by financial institutions and other third parties 

entered 2/17/16. 

FTC v. AAFE PRODUCTS CORPORATION, No. 3:17-cv-00575 (S.D. Cal.) 

Parties: AAFE Products Corporation 

 JBE International, LLC 

 BSDC, Inc.

 KADC, Inc.

 Purestrike, Inc. 

 BNRI Corporation f/k/a Bernheim & Rice, Inc.

 Brian Bernheim 

 Joshua Bernheim 

 Jared Coates

 Robert Koch 

Assigned Attorneys: Michelle Schaefer (BCP/ENF) 

 Robert Frisby 

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

the Restore Online Shoppers’ Confidence Act in connection with 

Defendants’ online marketing of cooking and golf-related products. 

Status: Complaint filed 3/23/17. 

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. 

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 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. 

FTC v. ABC HISPANA, INC., No. 5:17-cv-00252 (C.D. Cal.) 

Parties: ABC Hispana, Inc.

 ISB Latino, Inc. 

ABC Latina, LLC 

Gonzalo Ricardo Bazan Jimenez 

Milagros Raquel Urmeneta 

Assigned Attorneys: Sophia Calderon (NWR) 

 Laura Solis 

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 of Englishlanguage learning materials through unsolicited telemarketing calls. 

Status: Complaint filed 2/13/17. 

Ex parte TRO with asset freeze and other equitable relief entered 2/14/17. 

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) 

6 
 

 

 

 

 

 

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 heard 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 

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 

7 
 

 

 

 

 

 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 heard 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 heard 5/9/14; motion denied

 5/9/14. 

Motion for summary judgment by Actavis Holdco U.S. filed 10/4/16; 

Commission’s opposition filed 12/1/16; reply filed 12/9/16. 

Commission’s unopposed motion to dismiss with prejudice as to 

defendants Par Pharmaceutical Companies, Inc. and Paddock 

Holdings LLC entered 2/2/17; order granting motion entered 

2/7/17. 

FTC v. ADEPT MANAGEMENT, INC., No. 1:16-cv-00720 (D. Ore.) 

Parties: Adept Management, Inc. 

 Anchor Publishing Group, Inc. 

 Associated Publishers Network, Inc. 

 Atlas Business Consulting, LLC 

 Clarity Group, LLC 

Consolidated Publishers Exchange, Inc. d/b/a Premier Subscription 

Services, Processing Express Solutions 

 Crown Resource Management, LLC 

 Customer Access Services, Inc.

 Express Publishers Service, Inc. d/b/a Associated Billing Service, 

 Associated Periodical Network, Associated Publishers 

Readership, Billing Services of Circulation, Circulation 

Billing Marketplace, Circulation Network Services d/b/a Global Billing 

Service d/b/a Lakeshore Publishers Billing, Magazine Billing Network, 

Magazine Distribution Marketplace, Magazine Payment Processing, 

National Magazine Network, Publication Network Services, Publishers 

Billing Marketplace, Publishers Distribution Network, Publishers 

Magazine Services, Readers Magazine Services, Readers Payment 

8 
 

 

 

Network, Subscription Billing Agency, Subscription Billing Network, 

United Billing Service, United Publishers Agency 

 HCG, Inc.

 Henry Cricket Group, LLC 

 Hoyal & Associates, Inc. 

Liberty Publishers Service, Inc. d/b/a Allied Publishing Services, American 

Consumer Publishers Association, Associated Publishers Services, 

Billing Services of America, Bradford Publishing Service, 

Circulation Billing Services, Global Publishers Center, Lakeshore 

Publishers Service, Magazine Billing Services, Magazine Distribution 

Service, Magazine Payment Services, Magazine Subscriber Services, 

Magazine Subscriptions Center, National Magazine Services, Periodical 

Billing Services, Platinum Subscription Service, Publication Service 

Networks, Publishers Access Services, Publishers Billing Services, 

Publishers Consolidated Subscription Services, Publishers Distribution 

Center, Publishers Education Services, Publishers Magazine Billing, 

Publishers Magazine Payment, Publishers Marketplace Services, 

Publishers Network Exchange, Publishers Payment Services, Publishers 

Periodical Service, Publishers Processing Service, Publishers Services 

Exchange, Readers Billing Services, Readers Payment Service, 

Seascape Publishers Network, Slo Call Center, Subscription Billing 

Service, Subscription Payment Exchange, Subscription Payment 

Services, United Publishers Services 

 Magazine Clearing Exchange 

 Magazine Link, Inc. 

Maximillian, Inc. d/b/a Maxmillian, Inc. 

 Northwest Data Services, LLC 

 PPP Magazines, Inc. 

 Publishers Payment Processing, Inc. 

 Reality Kats, LLC 

 Specialties, Inc. 

 Subscription House Agency, Inc. 

United Publishers Exchange, Inc. d/b/a Associated Publishers Network, 

Circulation Billing Network, Magazine Billing Associates, 

Premier Subscription Network, Publishers Billing Network, Publishers 

Magazine Exchange 

 Wineoceros Wine Club, Inc. 

Linda Babb 

Shannon Bacon a/k/a Shannon Balero, Shannon Gordon 

Jeffrey Hoyal 

Lori Hoyal 

Colleen Kaylor 

Laura Lovrien a/k/a Laura Babb 

Noel Parducci a/k/a Noel Littlefield, Noelle Littlefield 

Lydia Pugsley a/k/a Lydia Babb 

Dennis Simpson 

9 
 

 

 

 

 

 

 

 

 

 

 

 

William Strickler 

Assigned Attorneys:	 Krista Bush (NWR) 

 Laura Solis

 Richard McKewen 

Connor Shively 

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

in connection with a nationwide campaign relying on misrepresentations 

to solicit newspaper renewals and new subscriptions from consumers. 

Status: Complaint filed 4/27/16. 

Motion to dismiss for failure to state a claim filed 6/27/16; Commission’s 

opposition filed 7/11/16; order denying motion to dismiss entered 

11/3/16. 

 Motions for stay pending resolution of criminal proceedings filed 

1/27/17; Commission’s response filed 1/31/17; replies filed 

2/17/17; motions denied 2/23/17. 

FTC v. ADVERTISING STRATEGIES, LLC, No. 2:16-cv-3353 (D. Ariz.) 

Parties: Advertising Strategies, LLC 

 Internet Advertising Solutions, LLC 

 Internet Resource Group, Inc. 

 Network Advertising Systems, LLC 

 Network Professional Systems, LLC 

 Network Solutions Group, Inc. 

 Matthew Rodriguez 

 Susan Marie Rodriguez 

William Matthew Whitley a/k/a Matt Whitley 

Assigned Attorneys: Jody Goodman (BCP/MP) 

 Andrew Hudson 

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

the Telemarketing Sales Rule in connection with a telemarketing scheme 

offering “risk-free” money making opportunities. 

Status: Complaint filed 10/4/16. 

TRO with asset freeze entered 10/4/16. 

 Preliminary injunction hearing held 10/18/16. 

Stipulated preliminary injunction with asset freeze as to all defendants 

entered 10/20/16. 

Stipulated final order for permanent injunction and monetary judgment 

entered 3/8/17. 

10 
 

 

 

 

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 

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 

11 
 

 

 

 

 

 

Financial Services, Global Marketing Enterprises, Shirin Imani and 

Christian Serna entered 3/21/16. 

Motion for default judgment as to remaining defendants filed 5/27/16; 

motion denied 7/13/16; renewed motion for default judgment filed 

8/3/16. 

Stipulated order for permanent injunction and final judgment as to Alex 

Serna, Kimberly Coarse, Auto Guardian USA, Premier Marketing 

International, Gary Rodriguez, Your #1 Savings, Marbel 

Rodriguez, Global One Financial Services, Jonathan Paulino, 

Royal Holdings of America, Carmen Williams, and Ovada, LLC 

entered 6/8/16. 

Motion for default judgment as to All Us Marketing, LLC, GRR Financial 

Services, and Christian Serna filed 9/12/16; motion denied 

10/17/16. 

Stipulated order for permanent injunction and final judgment as to 

defendants Fariborz Fard, Shirin Imani, and Global Marketing 

Enterprises, entered 11/1/16. 

 Renewed motion for default judgment, permanent injunction, and 

monetary relief as to defendants All Us Marketing LLC, GRR 

Financial Services, and Christian Serna filed 11/4/16; motion 

denied 11/16/16. 

Order to show cause why the Clerk's defaults entered against All Us 

Marketing, GRR Financial, and Christian Serna should not be 

vacated as having been improperly granted entered 11/16/16; 

Commission’s response filed 11/30/16. 

Motion for default judgment as to GRR Financial Services filed 1/12/17; 

motion granted 1/13/17. 

Second motion for default judgment as to defendants All Us Marketing, 

GRR Financial Services, and Christian Serna filed 1/20/17. 

Trial scheduled for 6/13/17. 

FTC v. ALLERGAN, No. 1:17-cv-00312 (N.D. Cal.) 

Parties: Allergan, PLC 

 Allergan Finance, LLC 

 Watson Laboratories, Inc. 

 Endo International, PLC 

 Endo Pharmaceuticals, Inc. 

Assigned Attorneys: Markus Meier (BC/HC) 

 Daniel Bradley

 Daniel Butrymowicz 

 Eric Sprague

 Jamie Towey

 Nicolas Leefer 

12 
 

 

 

 

 

 

 

 

 

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

and acquisition in violation of Section 7 of the Clayton Act in connection 

with Defendants’ reverse payment agreement. 

Status: Complaint filed 1/23/17. 

Stipulated order for permanent injunction entered 2/2/17. 

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

Parties: Amazon.com 

Assigned Attorneys: Jason Adler (BCP/FP) 

Laura Marie Solis 

Katharine Roller 

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; order granting motion entered 4/26/16. 

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

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

granting motion entered 4/26/16. 

Order awarding monetary relief but denying an injunction entered 

11/10/16. 

Notice of appeal filed 1/6/17. 

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) 

13 
 

 

 

 

 

 

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, 

American Industrial Enterprises, LLC, Easton Chemical Supply, 

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

International Enterprises entered 2/29/16. 

Settlement agreement with defendants Lighting X-Change, Vincent 

Stapleton and John Tharrington filed 9/23/16. 

Stipulated final order for permanent injunction and monetary judgment as 

to defendant Vincent Stapleton and John Tharrington entered 

12/22/16. 

FTC v. AMERICA MUNICIPAL SERVICES CORPORATION, No. 4:17-cv-00168 (E.D. 

Tex.) 

Parties: American Municipal Services Corporation d/b/a Warrant Enforcement 

Division, Municipal Enforcement Division 

Lawrence Bergman a/k/a Larry Bergman 

 Gregory Pitchford a/k/a Greg Pitchford 

Assigned Attorneys:	 Luis Gallegos (SWR) 

 Aaron Haberman 

 Thomas Carter 

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 Defendants’ 

third-party debt collection of municipal debts 

Status: Complaint filed 3/7/17. 

Stipulated permanent injunction and final judgment entered 3/21/17. 

FTC v. AMG SERVICES, INC., Nos. 16-17197, 14-16468 (9th Cir.); No. 2:12-cv-00536 (D. 

Nev.) 

Parties: AMG Services, Inc. 

14 
 

 

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: Nikhil Singhvi (BCP/FP) 

Iona Rusu 

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. 

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 

15 
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. 

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. 

Order granting Commission’s motion for summary judgment, denying 

defendants’ motion for summary judgment, and awarding 

16 
 

 

 

 

permanent injunction and monetary relief of $1.3 billion entered 

9/30/16. 

Notice of appeal filed 11/29/16. 

Appellant’s opening brief due 7/14/17; Commission’s answering brief due 

8/14/17; appellant’s reply brief due 8/28/17. 

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: Connell McNulty (BCP/MP) 

 Benjamin Davidson 

 Thomas Biesty

 Collot Guerard

 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. 

17 
 

 

 

 

 

 

 

Stipulated preliminary injunction and asset freeze as to defendant David 

Bevan entered 3/20/14. 

Commission’s motion to dismiss Sonnenberg defendants’ counterclaim

 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. 

Stipulated settlement order as to defendant VI Education LLC entered 

7/21/16. 

Commission’s motion for summary judgment against remaining corporate 

defendants and remaining individual defendants filed 12/5/16. 

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) 

Lin Kahn 

 Laura Fremont 

Linda K. Badger 

Matthew D. Gold 

Evan Rose 

 Maricela Segura (WRLA) 

 Joel Marcus (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. 

18 
 

 

 

 

 

 

 

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 heard 6/17/16. 

Opinion reversing the district court and ordering that the Commission’s 

complaint be dismissed entered 8/29/16. 

 Commission’s petition for rehearing en banc filed 10/13/16; 

AT&T’s response filed 11/8/16. 

FTC v. AURA LABS, INC., No. 8:16-cv-2147 (C.D. Cal) 

Parties: Aura Labs, Inc. d/b/a AuraLife, Aura Ware 

 Ryan Archdeacon 

Assigned Attorneys: Amy Hocevar (ECR) 

 Nicole Guinto 

 Dana Barragate 

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

Act in connection with the marketing of a mobile device software 

application purported to measure blood pressure. 

Status: Complaint filed 12/2/16. 

 Order for permanent injunction and monetary judgment entered 

12/9/16. 

FTC v. BIG DOG SOLUTIONS, LLC, No. 1:16-cv-06607 (N.D. Ill.) 

Parties: Big Dog Solutions, LLC d/b/a Help Desk National and Help Desk Global 

PC Help Desk US, LLC d/b/a Help Desk National and Help Desk Global 

 Inbound Call Specialist, LLC 

 Blackoptek CE, Inc. 

 9138242 Canada Corporation 

 Digital Growth Properties, LLC 

 Christopher J. Costanza 

 Suzanne W. Harris 

 Muzaffar Abbas 

 Gary Oberman 

 Donald Dolphin 

 Justin Powers

 State of Florida (Plaintiff) 

Assigned Attorneys: James Davis (MWR) 

 Matthew Wernz 

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

19 
 

 

the Telemarketing Sales Rule, and the Florida Deceptive and Unfair Trade 

Practices Act in connection with marketing of computer security and 

technical support services. 

Status: Complaint filed 6/24/16. 

Ex parte TRO with asset freeze, appointment of a receiver, other equitable 

relief entered 6/28/16. 

 Stipulated preliminary injunctions as to all defendants entered 7/28/16. 

FTC v. BLUEHIPPO FUNDING, LLC, Nos. 11-374, 16-1599, 17-669 (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. 

Notice of appeal filed 2/1/11. 

Commission’s brief filed 5/16/11. 

Appellee’s brief filed 8/15/11. 

20 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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. 

 Final judgment imposing compensatory contempt sanctions entered 

4/19/16. 

Notice of appeal by Rensin filed 5/18/16. 

Appellant’s opening brief filed 8/29/16; Commission’s answering brief 

 filed 11/28/16; appellant’s reply brief filed 12/9/16. 

Suggestion of bankruptcy and automatic stay by Rensin filed 2/15/17; 

 Commission’s opposition filed 2/16/17; reply filed 2/27/17. 

Order rejecting application of automatic bankruptcy stay entered 3/6/17. 

Notice of appeal filed 3/7/17. 

 Motion to stay contempt proceeding pending appeal filed 3/10/17; 

 Commission’s opposition filed 3/23/17; reply filed 3/29/17; order 

 granting temporary stay entered 3/27/17. 

District court order finding defendant Rensin in contempt, but staying 

 order due to appeals court’s temporary stay order entered 3/28/17. 

FTC v. BLUE SAGUARO MARKETING, LLC, No. 2:16-cv-3406 (D. Ariz.) 

Parties: Blue Saguaro, LLC d/b/a Blue Saguaro Grant Program, Gera Grant, 

 Government Grant Service, Grant Center, Grant Resources 

 Marketing Ways, LLC d/b/a Amazon.com Associates Program

 Max Results Marketing, LLC d/b/a Amazon.com Associates Program, 

 Amazon Affiliate Program, Amazon Associates Central, Gera 

Grant, Grant Strategy Solutions 

Oro Canyon Marketing II, LLC 

 Paramount Business Services, LLC d/b/a Paramount Business Resources 

Stephanie A. Bateluna 

Stacey C. Vela 

Carl E. Morris, Jr. 

Assigned Attorneys: Elsie Kappler (BCP/ENF)

 Hong Park 

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 sale and 

 offering for sale of grants and home-based internet business 

opportunities. 

21 
 

 

 

 

 

 

 

 

Status: Complaint filed 10/7/16. 

Ex parte TRO entered 10/11/16. 

Order extending ex parte TRO entered 10/25/16. 

 Preliminary injunction as to defendants Blue Saguaro, Marketing Ways, 

 Max Results Marketing, Oro Canyon Marketing, Paramount 

 Business Services, Carl Morris, Jr., and Stephanie Bateluna 

entered 10/28/16. 

 Clerk’s entry of default as to Blue Saguaro, Marketing Ways, Max 

 Results Marketing, and Oro Canyon entered 11/28/16. 

FTC v. BREATHOMETER, INC., No. 3:17-cv-00314 (N.D. Cal.) 

Parties: Breathometer, Inc.

 Charles Michael Yim 

Assigned Attorneys: Janet Evans (BCP/AP) 

 Elizabeth Sanger 

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

Act in connection with the advertising of alcohol breathalyzers. 

Status: Complaint filed 1/23/17. 

Stipulated order for permanent injunction and other equitable relief 

entered 1/30/17. 

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 

22 
 

 

 

Assigned Attorneys: 

Alleged Conduct: 

Status: 

 Igor Latsanovski 

 Oz Mizrahi 

 Roi Reuveni 

 Kristopher Bond 

 Charlene C. Koonce 

 Focus Media Solutions, Inc.

 Secured Commerce, LLC 

 Secured Merchants, LLC 

 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) 

Reid Tepfer (SWR) 

Luis Gallegos 

Raymond McKown 

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). 

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. 

Protective Order entered 2/8/16. 

Motion for summary judgment by defendants Igor Latsanovski and 

Calenergy, Inc. filed 4/18/16. 

23 
 

 

 

 

 

 

 

Stipulated order for permanent injunction and monetary judgment as to 

Defendants Oz Mizrahi, Motti Nottea, and Paul Median entered 

5/17/16. 

 Commission’s motion for partial summary judgment filed 6/6/16. 

Stipulated order for permanent injunction and monetary judgment as to 

defendant Roi Reuveni entered 7/19/16. 

Default judgment and order for permanent injunction and other equitable 

relief as to defendants BunZai Media Group, Inc., Pinnacle 

Logistics, Inc., DSA Holdings, Inc., Lifestyle Media Brands, Inc., 

Agoa Holdings, Inc., Safehaven Ventures, Inc., Heritage Alliance 

Group, Inc., SBM Management, Inc., Media Urge, Inc., Kai 

Media, Inc., Insight Media, Inc., Secured Commerce, LLC, 

Secured Commerce, LLC, Shalita Holdings, Inc., USM Products, 

Inc., All Star Beauty Products, Inc., AMD Financial Network, Inc., 

DMA Media Holdings, Inc., Focus Media Solutions, Inc., and 

Merchant Leverage Group, Inc. entered 8/22/16. 

 Commission’s renewed motion for summary judgment as to defendants 

Alan Argaman and Secured Merchants, LLC filed 9/19/16. 

Stipulated order for permanent injunction and monetary relief as to 

defendants Adageo, LLC, Calenergy, Inc., Zen Mobile Media, Inc., 

Alon Nottea, Doron Nottea, and Igor Latsanovski entered 9/26/16. 

Clerk’s entry of default as to Khristopher Bond entered 1/27/17. 

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 

 Karen Dahlberg 

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. 

Status: Complaint filed 10/29/15. 

Stipulated preliminary injunction entered 10/30/15. 

24 
 

 

 

 

 

 

 

 

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

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

Order to show cause entered 3/22/16. 

Motion for entry of default judgment withdrawn 4/28/16. 

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. 

 Stipulated preliminary injunction entered 3/11/16. 

Order granting motion to stay case for 120 days to consider settlement 

agreements entered 11/29/16. 

Stipulated final order for permanent injunction and settlement of claims as 

to all defendants entered 2/13/17. 

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. 

Christian D. Quezada 

Mireya Duenas 

 Gabriel Drews Stewart 

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

Assigned Attorneys: Mark L. Glassman (BCP/FP) 

 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. 

25 
 

 

 

 

 

 

 

 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; order granting Commission’s 

motion as to Duong entered 3/1/16. 

Commission’s motion for default judgment against defendants CD Capital 

Investments, LLC, CD Capital, LLC, GDS Information Services, 

Inc, Christian D. Quezada, and Gabriel D. Stewart filed 3/24/16; 

order granting in part Commission’s motion entered 8/22/16. 

Permanent injunction and order for equitable monetary relief as to 

defendants CD Capital Investments, LLC, CD Capital, LLC, GDS 

Information Services, Inc, Christian D. Quezada, and Tuan Dinh 

Duong entered 8/22/16. 

Stipulated order for permanent injunction and monetary judgment as to 

defendant Gabriel Drews Stewart entered 2/21/17. 

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 

 Innovazion, 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 

 Innovazion Research Private Limited 

Abhishek Gagneja 

Rishi Gagneja 

Assigned Attorneys: Fil M. De Banate (ECR) 

Christopher D. Panek 

Nicole J. Guinto 

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 (15-3937) filed 12/8/15. 

Mediation hearing held 3/1/16. 

 Commission’s amended complaint filed 5/17/16. 

Appellants’ opening brief filed 4/29/16; Commission’s answering brief 

26 
 

 

 

 

 

 

 

filed 7/5/16; order granting motion to stay briefing schedule 

pending outcome of consent discussions entered 7/27/16. 

Motion for default judgment as to defendant iSourceUSA, LLC filed 

9/2/16; motion granted 2/3/17. 

 Stipulated preliminary injunction as to defendants Innovazion, LLC, 

 Abhishek Gagneja, and Rishi Gagneja entered 9/13/16. 

 Motion for permanent injunction and monetary judgment as to defendants 

 Click4Support, Bruce Bartolotta, Chetan Patel, Niraj Patel, George 

Saab and Spanning Source filed 12/13/16. 

 Stipulated final order for permanent injunction and monetary judgment as 

 to defendants Spanning Source, Niraj Patel, and Chetan Patel 

entered 2/3/17. 

 Stipulated final order for permanent injunction and monetary judgment as 

 to defendants Click4Support, Bruce Bartolotta, and George Saab 

entered 2/7/17. 

FTC v. COMMERCE PLANET, INC., No. 16-345 (S. Ct.); Nos. 15-55510, 12-57064, 14-

 56528 (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) 

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. 

27 
 

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. 

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. 

28 
 

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. 

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. 

Petition for rehearing en banc filed 4/18/16; petition denied 5/16/16. 

Modified final judgment and order for permanent injunction as to 

Defendant Gugliuzza entered 8/25/16. 

Petition for certiorari filed 9/14/16; Commission’s opposition filed 

11/16/16. 

Petition for certiorari denied 1/19/17. 

Oral argument in Ninth Circuit bankruptcy appeal heard 12/7/16. 

Opinion of the Ninth Circuit dismissing bankruptcy appeal for lack of 

jurisdiction entered 3/24/17. 

FTC v. CONSUMER ASSISTANCE, LLC, No. 1:16-cv-21528 (S.D. Fla.) 

Parties: Consumer Assistance, LLC f/k/a Back Office Law, LLC d/b/a Consumer 

Assistance Project 

Consumer Assistance Project Corp. f/k/a Non-Profit Guardian Services, 

Inc. f/k/a Back Office Law Project, Corp. 

Palermo Global, LLC 

 Chastity Valdes 

State of Florida (Plaintiff) 

Assigned Attorneys: Adam Wesolowski (BCP/FP) 

 Matthew Wilshire 

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

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

the Florida Deceptive and Unfair Trade Practices Act in connection with 

the marketing and sale of student loan debt relief and credit repair 

29 
 

 

 

 services. 

Status: Complaint filed 4/19/16. 

Stipulated preliminary injunction entered 6/8/16. 

Default judgment as to all defendants entered 6/27/16. 

Permanent injunction and monetary judgment entered 12/30/16. 

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. 

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 

30 
 

 

 

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. CREDIT BUREAU CENTER, LLC, No. 1:17-cv-00194 (N.D. Ill.) 

Parties: Credit Bureau Center, LLC, f/k/a MyScore, LLC d/b/a efreescore.com, 

credit updates.com, and freecreditnation.com 

 Michael Brown 

 Danny Pierce 

 Andrew Lloyd 

Assigned Attorneys: Guy Ward (MWR)

 Samuel Levine 

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

the Restore Online Shoppers’ Confidence Act, and the Fair Credit 

Reporting Act in connection with the marketing of credit monitoring 

services. 

Status: Complaint filed 1/10/17. 

Ex parte TRO entered 1/11/17. 

 Stipulated preliminary injunction as to defendants Danny Pierce and 

Andrew Lloyd entered 2/8/17. 

FTC v. D & S MARKETING SOLUTIONS, INC., No. 8:16-cv-01435 (M.D. Fla.) 

Parties: D & S Marketing Solutions, Inc. d/b/a US Corporate Compliance Office 

d/b/a Office of Compliance and Safety Standards d/b/a 

Occupational Safety and Compliance Administration 

 Sean K. Juhl 

Assigned Attorneys: Barbara Bolton (SER) 

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

connection with the operation of a telemarketing scheme that deceived 

owners of newly-opened businesses into spending money on government 

31 
 

 

 

 

 

 

regulation posters that could be obtained for free. 

Status: Complaint filed 6/6/16. 

Ex parte TRO with asset freeze, appointment of a receiver, and other 

equitable relief entered 6/8/16. 

 Stipulated preliminary injunction entered 6/20/16. 

 Amended stipulated preliminary injunction entered 9/9/16. 

FTC v. DAMIAN KUTZNER, No. 8:16-cv-00999 (C.D. Cal.) 

Parties: Damian Kutzner 

 Vito Torchia, Jr. 

 Jonathan Tarkowski 

R. Geoffrey Broderick 

 Charles T. Marshall 

 Brookstone Law P.C. d/b/a Brookstone Law Group (California) 

 Brookstone Law P.C. d/b/a Brookstone Law Group (Nevada) 

 Advantis Law P.C. 

Advantis Law Group P.C. 

Assigned Attorneys: Benjamin Theisman (BCP/ENF)

 Gregory Madden 

 Thomas Syta (WRLA) 

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

and the Mortgage Relief Services Rule in connection with the 

marketing of mortgage assistance relief services. 

Status: Complaint filed 5/31/16. 

Ex parte TRO with asset freeze, appointment of receiver, limited 

expedited discovery, and other equitable relief entered 6/1/16. 

 Stipulated preliminary injunction as 

to Vito Torchia Jr. entered 6/24/16. 

 Stipulated preliminary injunction as 

to Damian Kutzner, Charles Marshall, Jonathan Tarkowksi, 

Advanits Law P.C. and Advantis Law Group P.C. entered 6/24/16. 

 Preliminary injunction as to Geoffrey Broderick, Brookstone Law P.C. 

(California and Nevada) entered 6/27/16. 

 Amended complaint filed 7/6/16. 

 Preliminary injunction as to Jeremy Foti entered 8/25/16. 

Clerk’s entry of default as to Brookstone Law (California), Brookstone 

Law PC (Nevada), Advantis Law, Advantis Law Group entered 

9/8/16. 

TRO with appointment of temporary receiver entered 10/19/16. 

Preliminary injunction with appointment of receiver as to Jeremy Foti 

entered 11/15/16. 

32 
 

 

 

 

 

 

 

 

 

Stipulated order for permanent injunction and other equitable relief as to 

Jonathan Tarkwoski entered 1/6/17. 

Order dismissing Damian Kutzner entered 2/1/17. 

Stipulated order for permanent injunction and other equitable relief as to 

Vito Torchia entered 2/15/17. 

FTC v. DAYTON FAMILY PRODUCTIONS, INC., Nos. 13-17448, 16-15859 (9th Cir.); No. 

2:97-cv-00750 (D. Nev.) 

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

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

 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. 

Notice of appeal filed 5/11/16. 

 Appellant’s opening brief filed 9/16/16; Commission’s answering brief 

33 
 

 

 

 

 

filed 12/1/16; appellant’s reply brief filed 12/14/16. 

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. 

 Defendants’ motion to dismiss filed 3/10/16; Commission’s opposition 

brief filed 4/4/16; reply filed 4/18/16; order denying motion to 

dismiss entered 5/9/16. 

Stipulated final order for permanent injunction and settlement of claims as 

to all defendants entered 12/19/16. 

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 

 Kenneth Abbe 

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 marketing of multi-channel video programming 

subscription service. 

Status: Complaint filed 3/11/15. 

34 
 

 

 

 

 

 

 

 

 

 

 

 

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

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

1/25/16. 

 Oral argument on defendants’ partial motion for summary judgment held 

3/4/16. 

Commission’s motion for partial summary judgment filed 9/22/16; order 

 granting in part and denying in part partial motion for summary 

 judgment entered 11/26/16. 

Defendants’ motion to dismiss, and alternatively, for partial summary 

 judgment filed 12/01/16; Commission’s response filed 12/26/16; 

 motion denied 12/27/16. 

FTC v. DISCOUNTMETALBROKERS, 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. 

 Amended complaint filed 10/27/16. 

Clerk’s entry of default as to defendants Discountmetalbrokers and 

 Michael Berman entered 1/17/17. 

FTC v. D-LINK CORPORATION, No. 3:17-cv-00039 (C.D. Cal.) 

Parties: D-Link Corporation 

D-Link Systems, Inc. 

Assigned Attorneys: Laura Berger (BCP/DPIP)

 Kevin Moriarty 

Cathlin Tully 

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

 in connection with the design, marketing, and sale of routers and internet- 

 protocol cameras. 

35 
 

 

 

 

 

 

 

 

 

 

 

Status: Complaint filed 1/5/17. 

FTC v. DOTAUTHORITY.COM, INC., No. 0:16-cv-62186 (S.D. Fla.) 

Parties: DOTAuthority.com, Inc. d/b/a On-line Registration 

 DOTFilings.com, Inc. 

Excelsior Enterprises International, Inc. d/b/a DOTFilings.com, UCR 

 Registration, UCR Filings, James P. Lamb & Associates 

 JPL Enterprises International, Inc. d/b/a DOTAuthority.com, 

 DOTFilings.com, On-line Registration, Registration Services 

 Online, James P. Lamb & Associates 

 James P. Lamb 

Uliana Bogash a/k/a Juliana Bogash, Yuliana Bogash, Yana Bogash, 

Uliana Vogash 

Assigned Attorneys: Karen Hobbs (BCP/MP) 

Danielle Estrada 

Connell McNulty 

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

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

 with the use of deceptive marketing methods and sales tactics to trick 

 consumers into paying Defendants for so-called registration services. 

Status: Complaint filed 9/13/16. 

Ex parte TRO entered 9/19/16. 

Preliminary injunction hearing held 9/19/16. 

 Preliminary injunction entered 9/29/16. 

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 

36 
 

 

 

 

 

 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. 

Motion for default judgment against Kenneth A. Sallies filed 9/14/16; 

motion granted 1/17/17. 

Joint motions for settlement as to the E.M. Systems defendants, Andrew S. 

Padnick, CardReady LLC, Brandon A. Becker, and James F. 

Berland filed 9/14/16. 

Joint motions for settlement as to One Easy Solution LLC, Christopher C. 

Miles, Jason E. Gagnon, and Matthew B. Thomas filed 11/21/16. 

Stipulated settlement order as to One Easy Solution LLC, Christopher C. 

Miles, Jason E. Gagnon, Matthew B. Thomas, E.M. Systems, 

Andrew S. Padnick, CardReady LLC, Brandon A. Becker, and 

James F. Berland entered 1/17/17. 

FTC v. EMERICA MEDIA CORPORATION, No. 16-35719 (9th Cir.); 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. (relief defendant) 

 American eVoice, Ltd. 

FoneRight, Inc. 

HearYou2, Inc. 

SecuraDat, Inc. 

Assigned Attorneys: Richard McKewen (NWR) 

Michael Mora (BC/ENF) 

37 
 

 

Brad Grossman (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 relief 

defendant Bibliologic entered 3/31/16. 

Order approving and enforcing stipulated permanent injunction and 

monetary judgment as to relief defendant Bibliologic entered 

8/9/16. 

Notice of appeal by Steven Sann filed 9/6/16. 

 Motion for summary judgment as to defendants Steven Sann, Terry Lane, 

 American eVoice, Emerica, FoneRight, Global Voice Mail, 

 HearYou2, Network Assurance, SecuratDat, Techmax Solutions, 

 and Voice Mail Professionals filed 11/18/16; motion granted 

3/14/17. 

 Stipulated order for permanent injunction and monetary judgment as to 

defendant Robert Braach entered 1/30/17. 

 Appellant’s opening brief filed 3/16/17; Commission’s answering brief 

due 5/17/17. 

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. 

38 
 

 

 

 

 

 Allergan, PLC

 Impax Laboratories, Inc. 

Assigned Attorneys: Marcus H. Meier (BC) 

Bradley S. Albert 

J. Maren Schmidt

 Eric M. Sprague 

Synda Mark 

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. 

 Stipulated order for permanent injunction entered 4/7/16. 

Motion to dismiss filed 7/12/16; Commission’s opposition filed 9/2/16; 

reply filed 9/30/16. 

Order granting defendants’ motion to sever claims entered 10/20/16. 

Notice of Voluntary Dismissal by FTC as to Endo Pharmaceuticals Inc., 

Endo International plc, Watson Laboratories, Inc., Allergan PLC, 

and Impax Laboratories, Inc. filed 10/25/16. 

Order closing case entered 11/8/16. 

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. 

39 
 

 

 

 

 

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 

Black entered 3/17/16. 

Order granting Commission’s motion for summary judgment entered 

3/30/16. 

FTC v. FEDERAL CHECK PROCESSING, INC., Nos. 16-3805, 16-3811 (2nd Cir.); 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. 

40 
 

 

 

 

 

 

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. 

 Order granting Commission’s motion for summary judgment entered 

8/12/16. 

Judgment and permanent injunction entered 10/13/16. 

Notices of appeal filed 11/8/16. 

Appellants’ opening brief due 5/24/17. 

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 

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

FTC Act in connection with the marketing 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. GLOBAL ACCESS TECHNICAL SUPPORT, No. 4:16-cv-1556 (E.D. Mo.) 

Parties: Global Access Technical Support, LLC d/b/a Global S Connect, Yubdata 

 Tech, Technolive 

Global SMind, LLC d/b/a Global S Connect 

Source Pundit, LLC d/b/a OneSource Tech Support 

 Helios Digital Media, LLC 

 VGlobal Ites Private Limited 

Digicare Desk LLC 

 Rajiv Chhatwal 

 Rupinder Kaur 

 Neeraj Dubey 

 Harinder Singh 

Assigned Attorneys: Elizabeth Scott (MWR) 

 Samantha Gordon 

41 
 

 

 

 

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

 connection with a telemarketing scheme that deceives consumers into 

 purchasing unnecessary technical support or computer security services. 

Status: Complaint filed 10/3/16. 

Ex parte TRO entered 10/4/16. 

Order extending ex parte TRO with asset freeze, appointment of a receiver 

 and other equitable relief as to defendants Global SMind, 

 Neeraj Dubey, and VGlobal Ites Private Limited entered 

10/14/16. 

 Preliminary injunction as to defendants Neeraj Dubey, Global SMind, and 

VGlobal Ites Private Limited entered 10/28/16. 

 Stipulated preliminary injunction as to defendants Rupinder Kaur, Rajiv 

 Chhatwal, Global Access Technical Support, Source Pundit, and 

 Helios Digital Media entered 11/15/16. 

 Amended complaint filed 12/20/16. 

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 

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 

42 
 

Assigned Attorneys: 

Alleged Conduct: 

Status: 

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. 

Danielle Estrada (BCP/MP) 

Melissa Dickey 

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

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

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. 

 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. 

43 
 

 

 

 

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. 

Stipulated order for permanent injunction and monetary judgment as to 

Miller defendants entered 7/12/16. 

Stipulated order for permanent injunction and monetary judgment as to all 

remaining defendants entered 2/27/17. 

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. 

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. 

44 
 

 

 

 

 

 

 

 

 

 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 

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

Telemarketing Sales Rule in connection with the marketing of computer 

security or technical support services. 

45 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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. 

Order granting joint motion to stay proceedings as to defendants PC 

Cleaner, Inc., Netcom3 Global, Inc., Netcom 3, Inc., and Cashier 

Myricks until July 15, 2016 entered 5/6/16. 

Stipulated order for permanent injunction as to defendant PC Cleaner 

entered 7/13/16. 

 Order granting motion to stay entered 9/19/16. 

 Stipulated order for permanent injunction as to defendant Inbound Call 

Experts entered 12/19/16. 

FTC v. INNOVATIVE DESIGNS, INC., No. 2:16-cv-1669 (W.D. Pa.) 

Parties: Innovative Designs, Inc. 

Assigned Attorneys: Alejandro Rosenberg (BCP/ENF)

 Omolara Bewaji Joseney 

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

 connection with the advertising of 

 Insultex House Wrap. 

Status: Complaint filed 11/3/16. 

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. 

46 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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. 

eCom Success, Inc.
 

Assigned Attorneys: Collot Guerard (BCP/MP) 

Robert Anguizola 

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. 

47 
 

 

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. 

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. 

Order for permanent injunction and monetary judgment as to Ryan Riddle 

entered 7/22/16. 

Stipulated final order for disgorgement as to Kerry Johnson, Barbara 

Johnson, KB Family Limited Partnership, and KV Electric Inc. 

entered 8/25/16. 

Stipulated final order for disgorgement as to Sharla Johnson, Zippy LLC, 

Zippy Flight Service LLC, and Orange Cat Investments LLC 

entered 8/25/16. 

Stipulated order for permanent injunction and monetary judgment as to 

Jeremy Johnson, Blue Streak Processing, Inc., Business First, Inc., 

48 
 

 

 

 

 

 

 

 

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

Inc., Diamond J Media, Inc., Ebusiness First, Inc., Ebusiness 

Success, Inc., Ecom Success, Inc., Elite Debit, Inc., Funding 

Success, Inc., Hooper Processing, Inc., IWorks, Inc., Internet 

Economy, Inc., Net Commerce, Inc., Premier Performance, Inc., 

Pro Internet Services, Inc., Revive Marketing, Inc., Success 

Marketing, Inc., Summit Processing, Inc., Tranfirst, Inc., Tran 

Voyage, Inc., and Unlimited Processing entered 8/26/16. 

Trial as to defendants Terrison Spinks and Jet Processing held 10/25/16-

10/29/16. 

FTC v. J. WILLIAM ENTERPRISES, LLC, No. 6:16-cv-2123 (M.D. Fla.) 

Parties: J. William Enterprises, LLC d/b/a Pro Timeshare Resales 

Pro Timeshare Resales of Flagler Beach, LLC 

Jess Kinmont 

 John Wenz, Jr. 

Assigned Attorneys: Gideon Sinasohn (SER) 

Harold Kirtz 

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 of 

timeshare resale or rental services. 

Status: Complaint filed 12/12/16. 

Ex parte TRO with injunction, asset freeze, appointment of receiver, and 

other equitable relief entered 12/13/16. 

Stipulated preliminary injunction with asset freeze, appointment of 

receiver, and other equitable relief entered 12/27/16. 

Motion for default judgment against defendant Pro Timeshare Resales of 

Flagler Beach LLC filed 3/9/17. 

FTC v. LANIER LAW, LLC, Nos. 16-16525, 16-16524, 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 

49 
 

 

 

 

 

Assigned Attorneys: Harold E. Kirtz (SER) 

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. 

 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. 

Final order for permanent injunction and monetary judgment as to Lanier 

Law, LLc, Fortress Law Group, LLC, Liberty & Trust Law Group, 

Fortress Law Group, PC, Michael Lanier, and Rogelio Robles 

entered 8/12/16. 

Stipulated order for permanent injunction and monetary judgment as to 

Surety Law Group LLP, Redstone Law Group, LLC, and Edward 

William Rennick III entered 8/12/16. 

Notice of appeal by Lanier Defendants filed 10/10/16. 

Amended notice of appeal by Michael W. Lanier filed 11/29/16. 

50 
 

 

 

 

 Appellant’s opening brief filed 1/18/17. 

11th Circuit order directing parties to address whether it has appellate 

jurisdiction in light of Lanier’s untimely notice of appeal on his 

own behalf filed 1/18/17; Commission’s response urging court to 

dismiss case for lack of jurisdiction filed 2/1/17. 

FTC v. LAPTOP & DESKTOP REPAIR, LLC, No. 1:16-cv-3591 (N.D. Ga.) 

Parties: Laptop & Desktop Repair, LLC d/b/a cashforiphones.com, 

cashforlaptops.com, ecyclebest.com, smartphonetraders.com, sellyour-cell.com 

 Vadim Olegovich Kruchinin a/k/a Vadim Kruchin, David Kruchin, David 

Vadim Kruchin, David Kruch 

 State of Georgia (Plaintiff) 

Assigned Attorneys: Anna Mirshak Burns (SER) 

 Hans Christian Clausen 

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

Georgia’s Fair Business Practices Act in connection with the operation of 

numerous websites promising to pay consumers “top dollar” for used 

electronic devices. 

Status: Complaint filed 9/26/16. 

TRO with asset freeze and other equitable relief entered 9/26/16. 

Stipulated preliminary injunction entered 10/5/16. 

Motion for order to show cause why defendants should not be held in 

contempt for violating the TRO and preliminary injunction filed 

10/26/16. 

Clerk's entry of default as to Vadim Olegovich Kruchinin and Laptop & 

Desktop Repair, LLC entered 11/15/16. 

Order of contempt against defendants entered 11/17/16. 

Notice by FTC of defendants’ failure to comply with contempt order filed 

11/30/16. 

Motion by FTC for order of incarceration of Vadim Olegovich Kruchinin, 

to coerce compliance filed 12/7/16; granted 12/8/16; arrest warrant 

issued 12/9/16. 

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 

51 
 

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 marketing of weight-loss and 

related health products through various websites. 

Status: Complaint filed 11/07/11. 

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’ 

52 
 

 

 

 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 heard 6/3/16. 

Opinion affirming the district court’s grant of summary judgment with 

regard to defendant LeadClick and reversing with regard to relief 

defendant CoreLogic entered 9/23/16. 

Amended final judgment entered 12/2/16. 

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.

 Texas 110, Inc. 

 Norma J. Hart 

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. 

Amended complaint filed 2/23/16. 

Commission’s motion for summary judgment filed 9/23/16. 

Motion to stay court deadlines filed 10/7/16; order granting stay entered 

10/13/16. 

Stipulated order for permanent injunction and monetary judgment entered 

3/23/17. 

FTC v. LIFE MANAGEMENT SERVICES OF ORANGE COUNTY, INC., No. 6:16-cv00982 (M.D. Fla.) 

Parties: Life Management Services of Orange County, Inc. 

 Loyal Financial and Credit Services LLC d/b/a FOC Credit and Reward 

53 
 

 

 

 

 

 

 

 

Services

 IVD Recovery LLC 

 KWP Services LLC 

 KWP Services of Florida LLC 

 LPSOFFLA LLC 

 LPSOFFLORIDA LLC 

PW&F Consultants of Florida LLC 

 UAD Secure Services LLC 

UAD Secure Service of Florida LLC 

 URB Management LLC 

 YCC Solutions LLC 

 YFP Solutions LLC 

 Kevin Guice 

 Chase Jackowski 

 Linda McNealy 

Clarence Wahl a/k/a Harry Wahl 

 Karen Wahl

 Robert Guice 

 Timothy Woods 

 State of Florida (Plaintiff) 

Assigned Attorneys: Tejasvi Srimushnam (BCP/MP) 

 Joshua Doan 

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

the Telemarketing Sales Rule, and the Florida Deceptive and Unfair Trade 

Practices Act in connection with the sale of debt relief services. 

Status: Complaint filed 6/7/16. 

 Stipulated preliminary injunction entered 6/30/16. 

FTC v. LIFEWATCH, No. 16-2310 (7th Cir.); No. 1:15-cv-05781 (N.D. Ill.) 

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

Evan Sirlin 

Safe Home Security, Inc. 

Medguard Alert, Inc. 

 Michael May 

 David Roman 

Assigned Attorneys: David O’Toole (MWR)

 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 

54 
 

 

 

 

 

 

 

 

 

 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. 

Notice of appeal filed 5/31/16. 

 Amended complaint filed 7/14/16. 

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. 

55 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FTC v. MALLINCKRODT ARD, INC., No. 1:17-cv-00120 (D.D.C.) 

Parties: Mallinckrodt Ard, Inc. f/k/a Questcor Pharmaceuticals, Inc., Mallinckrodt, 

PLC 

 States of Alaska, Maryland, New York, Texas, and Washington 

(Plaintiffs) 

Assigned Attorneys: Dylan Brown (BC/Mergers I) 

 Peter Colwell 

 Stephen Rodger 

 David Gonen 

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

Section 2 of the Sherman Act, and various state law violations in 

connection with Defendant’s acquisition of Acthar Gel from Aventis 

Pharmaceuticals. 

Status: Complaint filed 1/18/17. 

Stipulated order for permanent injunction and equitable monetary relief 

entered 1/31/17. 

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 

56 
 

 

 

 

 

 

 

 

 

 

 

 

 

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 

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. 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. 

57 
 

 

 

 

Order granting stay entered 8/5/16. 

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. 

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. 

58 
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. 

Contempt hearing begun 3/27/17. 

FTC v. NEOVI, INC., Nos. 15-56730, 12-56658, 12-56735, 09-55093 (9th Cir.); No. 3:06-cv01952 (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 

59 
 

 

 

 

 

 

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. 

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. 

60 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notice of appeal by Thomas Villwock filed 11/6/15. 

Appellant’s opening brief filed 11/1/16; Commission’s answering brief 

filed 1/19/17; appellant’s reply brief filed 3/2/17. 

FTC v. NETSPEND CORPORATION, No. 1:16-cv-4203 (N.D. Ga.) 

Parties: Netspend Corporation 

Assigned Attorneys: Mark Glassman (BCP/FP) 

 Adam Wesolowski 

 Robin Rock (SER) 

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

connection with denying consumers’ access to their funds deposited 

onto Defendant’s prepaid debit cards. 

Status: Complaint filed 11/10/16. 

Proposed stipulated order for permanent injunction and monetary 

judgment filed 3/31/17. 

FTC v. OMICS GROUP, INC., No. 2:16-cv-2022 (D. Nev.) 

Parties: OMICS Group, Inc. d/b/a OMICS Publishing Group 

iMedPub, LLC 

Conference Series, LLC 

Srinubabu Gedela 

Assigned Attorneys: Iona Rusu (BCP/FP) 

Gregory Ashe 

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

connection with the publishing of online publications styled as academic 

journals. 

Status: Complaint filed 8/25/16. 

Commission’s motion for preliminary injunction filed 9/8/16. 

Defendants’ motion to dismiss or, in alternative, summary judgment, 

filed 1/6/17; Commission’s opposition filed 1/19/17; reply filed 

2/2/17. 

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 

61 
 

 

 

 

 

 

 

 

 

 

 

 

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. 

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; order granting motion entered 5/31/16. 

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. 

Final order for permanent injunction and monetary judgment as to 

defendants Partners In Health Care Association, Inc., and Gary L. 

Kieper entered 6/27/16. 

Notice of appeal by Gary Kieper filed 8/29/16. 

 Appellant’s opening brief due 4/25/17. 

FTC v. PHLG ENTERPRISES, LLC, No. 8:17-cv-00220 (M.D. Fla.) 

Parties: PHLG Enterprises, LLC

 Joel Treuhaft 

Assigned Attorneys: Rhonda Perkins (BCP/MP) 

 Jody Goodman 

62 
 

 

 

 

 

 

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

the Telemarketing Sales Rule in connection with Defendants’ assistance to 

call centers in India that induced US consumers to pay for phony goods 

and services via cash money transfers. 

Status: Complaint filed 1/27/17. 

Stipulated order for permanent injunction and monetary judgment as to all 

defendants entered 2/9/17. 

FTC v. PRIMARY GROUP , INC., No. 15-1820 (Fed. Cir); Nos. 15-13947, 16-13532 (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. 

63 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Order granting Commission’s motion for summary judgment as to 

defendants The Primary Group and Gail Daniels, and permanent 

injunction and equitable relief entered 5/19/16. 

Notice of appeal by Daniels filed 6/14/16. 

Appeal dismissed for want of prosecution on 10/7/16; motion to reinstate 

appeal denied 11/1/16; second motion to reinstate appeal filed 

12/5/16; motion to reinstate appeal granted 1/13/17; 

Appellant’s opening brief filed 1/12/17; Commission’s answering brief 

filed 3/15/17. 

FTC v. PUBLISHERS BUSINESS SERVICES, Nos. 17-15600; 11-17270 (9th Cir.); 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 

Raymond E. McKown 

Jacob A. Snow (WRSF) 

Karen Goff 

Whitney Merrill 

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. 

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. 

Memorandum disposition remanding case to district court 

entered 9/19/13. 

64 
 

 

 

 

Petition for writ of certiorari filed 2/27/14. 

Petition for writ of certiorari denied 6/9/14. 

Commission’s motion for monetary judgment filed 5/31/16; defendants’ 

brief on damages filed 7/19/16; Commission’s reply filed 8/9/16. 

Order granting Commission’s motion for judgment entered 3/2/17. 

Notice of appeal filed 3/31/17. 

FTC v. QUALCOMM, INC., No. 5:17-cv-00220 (N.D. Cal.) 

Parties: Qualcomm, Inc. 

Assigned Attorneys: J. Alexander Ansaldo (BC/ACP)

 Dana Abrahamsen 

Joseph Baker 

 Wesley Carson 

Kente Cox 

 Rajesh James 

Philip Kehl 

Lin Kahn (WRSF) 

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

Act in connection with defendant’s maintenance of a monopoly in 

baseband processors and semiconductor devices. 

Status: Complaint filed 1/17/17. 

FTC v. QUINCY BIOSCIENCE HOLDING COMPANY, INC., No. 1:17-cv-00124 (S.D.N.Y.) 

Parties: Quincy Bioscience Holding Company, Inc. 

Quincy Bioscience, LLC 

Prevagen, Inc. d/b/a Sugar River Supplements 

Quincy Bioscience Manufacturing, LLC 

 Mark Underwood 

 Michael Beaman 

State of New York (Plaintiff) 

Assigned Attorneys: Robin Eichen (NER) 

Michelle Rusk (BCP/AP)

 Annette Soberatas 

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

FTC Act, the New York Executive Law, and the New York General 

Business Law, in connection with the marketing of defendants’ purported 

 memory improvement supplement, Prevagen. 

Status: Complaint filed 1/9/17. 

65 
 

 

 

 

 

 

 

 

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. 

Order granting joint motion to stay case for 120 days entered 4/20/16. 

 Stipulated TRO entered 8/22/16. 

 Stipulated preliminary injunction with asset freeze and other equitable 

relief entered 9/13/16. 

Commission’s motion for summary judgment as to all defendants filed 

3/24/17. 

 Defendants’ motion for partial summary judgment filed 3/24/17. 

FTC v. RUBY CORPORATION, No. 1:16-cv-2438 (D.D.C.) 

Parties: Ruby Corporation 

 Ruby Life, Inc. d/b/a ashleymadison.com 

 ADL Media, Inc. 

Assigned Attorneys:	 Shameka Walker (BCP/DPIP) 

 Andrea Arias 

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

connection with the marketing and sale of online dating services. 

Status: Complaint filed 12/14/16. 

Stipulated order for permanent injunction and other equitable relief 

entered 12/19/16. 

FTC v. SHIRE VIROPHARMA, INC., No. 1:17-cv-00131 (D. Del.) 

Parties: Shire ViroPharma, Inc. 

Assigned Attorneys: Bradley Albert (BC/HC) 

66 
 

 

 

 

 

 June Im 

 Meredyth Andrus 

 Josepth Matthias 

 Steve Vieux

 James Weingarten
 

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

in connection with Defendant’s serial, sham petitioning to the FDA to 

delay generic competition to its branded prescription drug, Vancocin HCI 

Capsules. 

Status: Complaint filed 2/7/17. 

FTC v. SOMENZI, No. 2:16-cv-7101 (C.D. Cal.) 

Parties: Terry Somenzi d/b/a Paulson Independent Distributors, International 

Procurement Center, Phelps Ingram Distributors, Keller Sloan & 

Associates

 Millenium Direct, Inc.

 David Raff 

 Ian Gamberg 

Assigned Attorneys: Charles Harwood (NWR) 

 Nadine Samter 

 Sarah Shifley 

 Thomas Syta (WRLA) 

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

connection with the mailing of personalized cash prize notifications. 

Status: Complaint filed 9/21/16. 

Order dismissing Terry Somenzi, deceased, entered 11/04/16. 

Stipulated order for permanent injunction and monetary judgment as to 

defendant Ian Gamberg entered 2/13/17. 

FTC v. SQ CAPITAL, LLC, No. 2:16-cv-2816 (D. Kan.) 

Parties: Joel Jerome Tucker 

 SQ Capital, LLC 

 JT Holdings, Inc. 

 HPD, LLC 

Assigned Attorneys:	 Michael Tankersley (BCP/FP) 

 Katharine Roller 

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

67 
 

 

 

 

 

 

 

 

 

connection with Defendants’ marketing, distribution, and sale of 

counterfeit payday loans. 

Status: Complaint filed 12/16/16.

 TRO entered 12/22/16. 

 Preliminary injunction entered 1/6/17. 

Clerk’s entry of default as to all defendants entered 3/31/17. 

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 with asset freeze and other equitable relief entered 

7/11/16. 

Motion for contempt judgment against defendant Mohindra filed 1/9/17; 

defendant’s opposition filed 1/27/17; Commission’s reply filed 

2/3/17. 

Order resolving motion for contempt by agreement of the parties entered 

3/23/17. 

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 

68 
 

 

 

 

connection with the marketing of defendant’s high school diploma 

program. 

Status: Complaint filed 2/18/16. 

Stipulated final order for permanent injunction and partial suspension of 

monetary judgment entered 1/31/17. 

FTC v. STUDENT AID CENTER, INC., No. 1:16-cv-21843 (S.D. Fla.) 

Parties: Student Aid Center, Inc. 

Ramiro Fernandez-Moris a/k/a Ramiro Moris

 Damien Alvarez 

 State of Florida (Plaintiff) 

Assigned Attorneys: Reid Tepfer (SWR)

 Anne LeJeune 

 Aaron Haberman 

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

the Telemarketing Sales Rule, and the Florida Deceptive and Unfair Trade 

Practices Act in connection with the marketing and sale of debt relief 

services. 

Status: Complaint filed 5/23/16. 

Defendants’ motion to dismiss filed 8/19/16; Commission’s opposition 

brief filed 9/6/16. 

 Magistrate’s report and recommendation that defendants’ motion to 

dismiss complaint be denied entered 12/14/16. 

 Order adopting Magistrate’s report and recommendation denying 

defendants’ motion to dismiss entered 12/30/16. 

FTC v. TACHHT, INC., No. 8:16-cv-01397 (M.D. Fla.) 

Parties: Tachht, Inc. 

 Teqqi LLC 

 Colby Fox 

 Christopher Reinhold 

Assigned Attorneys:	 Matthew Wernz (MWR) 

 Guy Ward 

 Samuel Levine 

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

Act and the CAN-SPAM Act in connection with the 

marketing of weight-loss products to consumers. 

69 
 

 

Status: Complaint filed 6/2/16. 

Order granting stay pending Commission review of proposed settlement 

entered 12/27/16. 

Stipulated order for permanent injunction and monetary judgment as to 

defendants Tachht, Teqqi, and Colby Fox entered 3/3/17. 

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) 

 Jennifer Larabee 

 Maricela Segura (WRLA) 

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. 

 Amended stipulated preliminary injunction entered 9/27/16. 

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) 

70 
 

 

 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. 

 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 heard 5/14/09. 

71 
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. 

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 heard 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. 

72 
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. 

* * * * * 

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 

73 
 

 

 

 

 

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 

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 

 filed 4/13/16; Appellants’ reply brief filed 4/27/16. 

Oral argument heard 9/14/16. 

Supplemental memoranda requested by court of appeals filed 9/28/16. 

Opinion affirming district court judgment entered 12/29/16. 

FTC v. UBER TECHNOLOGIES, INC., No. 3:17-cv-00261 (N.D. Cal.) 

Parties: Uber Technologies, Inc. 

74 
 

 

 

 

 

 

 

Assigned Attorneys: Katherine Worthman (BCP/FP) 

Iona Rusu 

Colin Hector 

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

 connection with Defendant’s false, misleading or unsubstantiated claims

 regarding driver earnings and its Vehicle Solutions Program. 

Status: Complaint filed 1/19/17. 

 Stipulated final order for permanent injunction and monetary judgment 

entered 2/2/17. 

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:	 Leah Frazier (BCP/FP) 

 Jason Schall 

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. 

Stipulated preliminary injunction as to Unified Global Group, LLC; ARM 

WNY LLC; Audubon Financial Bureau LLC; and Domenico 

D’Angelo entered 6/26/15. 

Stipulated order for permanent injunction and monetary judgment as to 

defendants ARM WNY, Audubon Financial Bureau, and 

Domenico D’Angelo entered 8/26/16. 

FTC v. UNITED DEBT COUNSELORS, LLC, No. 4:17-cv-00143 (E.D. Tex.) 

Parties: United Debt Counselors, LLC f/k/a United Debt Services, LLC d/b/a 

Department of Negotiations 

 David Melrose 

 Kirk Lanaham 

 Corinne Maples 

Assigned Attorneys: Eric Roberson (SWR)

 Susan Arthur 

75 
 

 

 

 

 

 

 

 

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 sale of debt relief 

services. 

Status: Complaint filed 2/27/17. 

Stipulated order for permanent injunction and monetary judgment entered 

3/15/17. 

FTC v. UNIVERSAL CITY NISSAN, INC., No. 2:16-cv-7329 (C.D. Cal.) 

Parties: Universal City Nissan, Inc. d/b/a Universal Nissan 

Sage Downton, Inc. d/b/a Kia of Downtown Los Angeles 

 Glendale Nissan/Infiniti, Inc. d/b/a Glendale Nissan, Glendale Infiniti 

Valencia Holding Company, LLC d/b/a Mercedes-Benz of Valencia 

West Covina Auto Group d/b/a West Covina Toyota, West Covina 

Toyota/Scion 

 West Covina Nissan, LLC 

Covina MJL, LLC d/b/a Sage Covina Chevrolet 

Sage North Hollywood, LLC d/b/a Sage Pre-Owned 

Sage Vermont, LLC d/b/a Sage Hyundai 

 Sage Holding Company, Inc. 

 Sage Management Company, Inc. 

Leonard Schrage a/k/a Leonard Sage 

Joseph Schrage a/k/a Joseph Sage 

Michael Schrage a/k/a Michael Sage 

Assigned Attorneys: Thomas Widor (BCP/FP) 

 Daniel Dwyer 

Thomas Syta (WRLA) 

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

Truth in Lending Act, and Consumer Leasing Act in connection with the 

leasing, selling, and financing of vehicles and add-on products or services. 

Status: Complaint filed 9/29/16. 

Stipulated preliminary injunction entered 10/25/16. 

Notice of dismissal as to Leonard Schrage filed 3/21/17. 

Stipulated order for permanent injunction and monetary judgment entered 

3/21/17. 

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. 

76 
 

 

 

 

 Gregory Mackinnon 

Megan Vandeviver 

Angela Burdorf 

Joseph Ciffa 

Assigned Attorneys: Colin Hector (BCP/FP)

 Nikhil Singhvi 

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. 

Commission’s motion for summary judgment filed 8/19/16; opposition by 

defendants filed 11/3/16; Commission’s reply filed 11/30/16. 

 Motion for contempt against defendant Joseph Ciffa filed 12/13/16. 

Second TRO entered 12/14/16. 

Stipulated preliminary injunction as to defendant Joseph Ciffa filed 

1/17/17. 

FTC v. VIZIO, INC., No. 2:17-cv-00758 (D.N.J.) 

Parties: Vizio, Inc.

 Vizio Inscape Services, LLC 

State of New Jersey (Plaintiff) 

Assigned Attorneys: Kevin Moriarty (BCP/DPIP) 

 Megan Cox 

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

and the New Jersey Consumer Fraud Act in connection with the 

manufacture of internet-connected televisions with tracking software. 

Status: Complaint filed 2/6/17. 

Stipulated order for permanent injunction and monetary judgment entered 

2/14/17. 

FTC v. VOLKSWAGEN GROUP OF AMERICA, INC., No. 3:16-cv-01534, 3:15-md-02672 

(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) 

77 
 

 

 

 

 

 

 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. 

Proposed partial stipulated order for permanent injunction and monetary 

judgment filed 6/28/16. 

Partial stipulated order for permanent injunction and monetary judgment 

entered 10/25/16. 

Proposed second partial stipulated order for permanent injunction and 

monetary judgment filed 1/31/17. 

Proposed amended second partial stipulated order for permanent 

injunction and monetary judgment filed 3/28/17. 

FTC v. WESTERN UNION COMPANY, No. 1:17-cv-00110 (M.D. Pa.) 

Parties: The Western Union Company d/b/a Western Union Financial Services 

Assigned Attorneys: Karen Dodge (MWR)

 Joannie Wei

 Elizabeth Scott 

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

the Telemarketing Sales Rule in connection with Defendant’s failure to 

take timely, appropriate, and effective measures to mitigate fraud in the 

processing of money transfers sent by consumers 

Status: Complaint filed 1/19/17. 

Stipulated order for permanent injunction and final judgment entered 

1/20/17. 

FTC v. WILLIAMS, SCOTT & ASSOCIATES, LLC, No. 16-10063 (11th Cir.); No. 1:14-cv1599 (N.D. Ga.) 

Parties: Williams, Scott & Associates, LLC 

WSA, LLC 

 John Williams

 Chris Lenyszyn 

Assigned Attorneys: Robin L. Rock (SER) 

 Brad Grossman (OGC) 

78 
 

 

 

 

 

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. 

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. 

 Appellant’s opening brief filed 4/18/16. 

 Order dismissing appeal entered 4/26/16; order granting motion to 

 reinstate appeal entered 6/8/16. 

Commission’s answering brief filed 7/7/16; Lenyszyn’s reply brief filed 

8/8/16. 

11th Circuit opinion affirming district court’s judgment entered 2/10/17. 

FTC v. WORLD PATENT MARKETING, INC., No. 1:17-cv-20848 (S.D. Fla.) 

Parties: World Patent Marketing, Inc.

 Desa Industries, Inc. d/b/a World Patent Marketing 

 Scott Cooper 

Assigned Attorneys:	 Colleen Robbins (BCP/MP) 

 James Evans 

 Jody Goodman 

79 
 

 

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

 connection with Defendants’ invention-promotion services. 

Status: Complaint filed 3/6/17. 

Ex parte TRO entered 3/7/17. 

FTC v. WV UNIVERSAL MANAGEMENT, LLC, Nos. 16-17727, 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 

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. 

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 

80 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 heard 5/18/16. 

Per curiam decision affirming district court’s summary judgment order 

and monetary relief against HES, but vacating the order of 

monetary relief against UPS and remanding case to district court 

for further findings on appropriateness of joint and several liability 

against UPS, entered 6/14/16. 

 Notice of appeal filed 12/21/16. 

 Appellant’s opening brief filed 2/27/17. 

FTC v. XXL IMPRESSIONS, LLC, No. 1:17-cv-00067 (D. Me.) 

Parties: XXL Impressions, LLC d/b/a Better Health Nutritionals

 Jeffrey Powlowsky 

J2 Response, LLP d/b/a J2 Response 

 Justin Bumann 

 Justin Steinle 

 Synergixx, LLC d/b/a CTF Media 

81 
 

 

 

 

 

 

 Charlie Fusco

 Ronald Jahner 

Brazos Minshew a/k/a Samuel Brant 

 State of Maine (Plaintiff) 

Assigned Attorneys: James Prunty (BCP/AP) 

 James Frankel 

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

Telemarketing Sale Rule, Maine’s Telemarketing Act, and the Maine 

Unfair Trade Practices Act in connection with the marketing of products 

purported to provide joint pain relief and to prevent or mitigate cognitive 

decline. 

Status: Complaint filed 2/22/17. 

Stipulated order for permanent injunction and monetary judgment as to 

defendants J2 Response, XXL Impressions, Jeffrey Powlowsky, 

Justin Bumann, Justin Steinle, and Brazos Minshew entered 

3/10/17. 

CIVIL PENALTY AND ENFORCEMENT CASES* 

(A) Consumer Protection 

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 

*

 Includes all suits in which civil penalties are sought; consumer redress, injunctions, 

and ancillary equitable relief may also be sought. 

82 
 

 

 

 

 

 

 

 

Assigned Attorneys: Bikram Bandy (BCP/MP) 

 Christopher Brown 

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; amended 

counterclaim filed 4/9/16; Commission’s motion to dismiss 

counterclaims filed 8/16/16. 

Order referring case to mediation entered 4/14/16. 

Order staying action pending Commission approval of settlement entered 

11/10/16. 

Stipulated order for permanent injunction and civil penalty judgment as to 

defendants Fred Accuardi, Telephone Management Corporation, 

TM Called ID, LLC, Pacific Telecom Communications Group, 

International Telephone Corporation and International Telephone, 

LLC entered 2/17/17. 

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) 

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; order 

granting motion for summary judgment as to defendant Timothy 

83 
 

 

 

 

 

 

Ford and CRS, and denying as to defendant David Devany entered 

4/7/16. 

Defendant David Devany’s motion for summary judgment filed 12/18/15; 

order denying motion for summary judgment entered 6/1/16. 

Order for permanent injunction as to defendants CRS and Timothy Ford 

entered 4/18/16. 

Stipulated order for permanent injunction and civil penalty judgment as to 

defendant David Devany entered 9/21/16. 

Memorandum opinion and order finding defendant Timothy Ford liable 

for civil penalties entered 3/21/17. 

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. 

84 
 

 

 

 

 

 

 

 

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. 

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 on civil penalties held 1/19/16-2/17/16. 

Trial on permanent injunctive relief held 10/25/16-11/2/16. 

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 

Daniel M. Baeza (DOJ/CPB) 

Michael Tankersley (BCP/MP) 

Arturo DeCastro 

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

85 
 

 

 

 

 

 

 

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. 

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 held 5/17 - 5/25/16. 

Jury verdict for Commission entered 5/26/16. 

United States’ motion for entry of permanent injunction based on jury 

verdict filed 7/8/16; response by Corporation for Character filed 

7/22/16. 

UNITED STATES v. GC SERVICES, LP, No. 4:17-cv-00461 (S.D. Tex.) 

Parties: GC Services, LP 

Assigned Attorneys: Michael White (BCP/FP) 

 Gregory Ashe 

 Jocelyn Hines (DOJ/CPB) 

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 the collection of 

consumer debt. 

Status: Complaint filed 2/14/17. 

Stipulated final order for permanent injunction and civil penalty judgment 

entered 3/2/17. 

FTC v. JONES, No. 8:17-cv-00058 (C.D. Cal.) 

Parties: Aaron Michael Jones a/k/a Michael Aaron Jones, Mike Jones 

 Houston Fraley 

 Tyler Hall

 Kasia Kinaman

 Eric Oakley 

 Richard Paik 

 Steven Stansburg a/k/a Steve Stansbury 

86 
 

 

 

 

 

Raymund Verallo a/k/a Raymond Verallo, Ray Verallo 

 Andrew Yoshioka 

 Allorey, Inc.

 Audacity, LLC 

 Data World Technologies, Inc. 

 Dial Soft Technologies, Inc. 

 Digital Marketing Solutions, Inc. 

 Local Lighthouse Corporation 

 Savilo Support Services, Inc. 

 Secure Alliance Corporation

 Velocity Information Corporation

 World Access Media 

Assigned Attorneys: James Evans (BCP/MP) 

 Ian Barlow

 Thomas Syta (WRLA) 

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

the Telemarketing Sales Rule in connection with Defendants’ sale of 

access to a computer-based telephone dialing platform that allowed users 

make robocalls to consumers on the National DNC Registry. 

Status: Complaint filed 1/11/17. 

Stipulated final order for permanent injunction and civil penalty judgment 

as to defendants Tyler Hall, Kasia Kinaman, Eric Oakley, Richard 

Paik, Raymund Verallo, Andrew Yoshioka, and Local Lighthouse 

Corporation entered 1/25/17. 

Amended stipulated final order for permanent injunction and civil penalty 

judgment as to defendants Tyler Hall, Kasia Kinaman, Eric 

Oakley, Richard Paik, Raymund Verallo, Andrew Yoshioka, and 

Local Lighthouse Corporation entered 1/30/17. 

Stipulated final order for permanent injunction and civil penalty judgment 

as to defendant Houston Fraley entered 1/30/17. 

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 

 Julio E. Salvat 

Assigned Attorneys: Sarah E. Schroeder (WRSF) 

 Alexander E. Reicher 

 Sylvia Kundig 

 Benjamin Mizer (DOJ) 

87 
 

 

 

 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. 

Status: Complaint filed 3/10/16. 

 Amended complaint filed 5/13/16. 

FTC v. RAMSEY, No. 9:17-cv-80032 (S.D. Fla.) 

Parties: Justin Ramsey 

 Brian Offner

 Christopher Herghelegiu 

 Data Guru, Inc. 

 Tailbone Security, LLC 

 Leading Apex, LLC 

 Prime Marketing, LLC 

Assigned Attorneys: Russell Deitch (BCP/MP) 

 Ian Barlow 

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

the Telemarketing Sales Rule in connection with Defendants’ initiation of 

calls to numbers on the Do Not Call Registry, and the use of pre-recorded 

calls or robocalls. 

Status: Complaint filed 1/10/17. 

Stipulated order for permanent injunction and civil penalty judgment as to 

defendants Christopher Herghelegiu, Data Guru, Tailbone 

Security, Brian Offner, and Leading Apex entered 2/1/17. 

UNITED STATES v. UPROMISE, INC., No. 1:17-cv-10442 (D. Mass.) 

Parties: UPromise, Inc. 

Assigned Attorneys: Jocelyn Hines (DOJ/CPB) 

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

connection with Defendant’s distribution of the RewardU toolbar to 

collect information about consumers’ online activities and search 

queries. 

88 
 

 

 

Status: Complaint filed 3/16/17. 

Stipulated final order for permanent injunction and civil penalty judgment 

entered 3/23/17. 

(B) Competition 

UNITED STATES v. OKUMUS, No. 1:17-cv-00104 (D.D.C.) 

Parties: Ahmet H. Okumus 

Assigned Attorneys: Kenneth Libby (BC/Compliance) 

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 Web.com Group, Inc. 

Status: Complaint filed 1/17/17. 

UNITED STATES v. RALES, No. 1:17-cv-00103 (D.D.C.) 

Parties: Mitchell P. Rales 

Assigned Attorneys: Jennifer Lee (BC/Compliance) 

 Daniel Ducore 

 Kenneth Libby 

 Roberta Baruch 

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 Colfax Corporation and Danaher Corporation. 

Status: Complaint filed 1/17/17. 

UNITED STATES v. SAROFIM, No. 1:16-cv-2156 (D.D.C.) 

Parties: Fayez Sarofim 

Assigned Attorneys: Kenneth A. Libby (BC/Compliance) 

 Daniel Ducore 

 Roberta Baruch 

 Jennifer Lee 

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 

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voting securities of Kinder Morgan, Inc. and Kemper Corporation. 

Status: Complaint filed 10/27/16.

 Final judgment entered 1/26/17. 

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS 

FTC v. AFR FINANCIAL, LLC, No. 3:16-mc-00045 (M.D. Fla.) 

Parties: AFR Financial, LLC 

Assigned Attorney: Bradley Grossman (OGC) 

Alleged Conduct: Petition for an order to enforce CID. 

Status: Petition filed 7/29/16. 

Order to show cause entered 8/4/16. 

Report and recommendation by magistrate judge granting petition for 

enforcement of CID entered 9/30/16. 

Order directing AFR to comply with CID in full by November 17 entered 

11/2/16. 

Motion for contempt against AFR filed 3/17/17. 

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. 

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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 

10/3/13. 

Argument held 10/14/14. 

Opinion reversing and remanding to district court entered 2/20/15. 

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 filed 12/23/15; 

Commission’s response filed 1/20/16; Boehringer’s motion to file 

reply brief filed 1/28/16; Commission’s response in opposition 

filed 2/1/16. 

Opinion and order by district court directing Boehringer to produce 

documents for which it has claimed only work product protection 

entered 9/27/16. 

Order granting request for extension and for a protective order stating that 

Boehringer’s production of documents under the 9/27/16 order will 

not waive work-product protection entered 10/20/16. 

Commission’s notice of appeal filed 11/23/16. 

Boehringer’s cross-appeal and request that court stay compliance pending 

appeal filed 11/28/16; Commission’s opposition to stay filed 

12/9/16. 

Commission’s opening brief filed 3/27/17; Boehringer’s answering brief 

due 5/26/17; Commission’s reply brief due 7/17/17. 

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’ response filed 4/25/16; Commission’s reply filed 4/29/16. 

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 Show cause hearing held on 5/3/16. 

Commission’s motion to compel production filed 6/16/16. 

Order by magistrate judge granting motion entered 8/15/16; defendants’ 

objection to order filed 9/15/16; Commission’s response filed 

9/22/16. 

Order by district court affirming magistrate judge’s order entered 1/27/17. 

FTC v. INDIVIOR, INC. (RECKITT BENCKISER PHARMACEUTICALS, INC.), No. 3:14-

mc-00005 (E.D. Va.) 

Parties: Indivior f/k/a Reckitt Benckiser Pharmaceuticals, Inc. 

Assigned Attorney: 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. 

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. 

Commission’s motion asking district court to adopt Special Master’s 

report and recommendation filed 4/25/16. 

Opinion and order adopting the Special Master’s findings and directing 

Reckitt to produce over 3,700 documents no later than 8/15/16 

entered 8/1/16. 

Conference between parties and Special Master regarding procedures for 

review of remaining 19,000 documents held 8/8/16. 

Third interim report by Special Master entered 2/2/17. 

Fourth interim report by Special Master recommending production of 

approximately 15, 000 additional documents entered 2/22/17. 

Stipulated order for production of records entered 3/10/17. 

Stipulated order for dismissal entered 3/20/17. 

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FTC v. INFANTE, No. 4:17-mc-00008 (N.D. Ohio) 

Parties: Aniello Infante
 

Assigned Attorney: Burke W. Kappler (OGC) 

Alleged Conduct: Petition for an order to enforce a CID. 

Status: Petition filed 2/7/17. 

FTC v. IT MEDIA, INC., No. 2:16-cv-9483 (C.D. Cal.) 

Parties: IT Media, Inc. 

Assigned Attorney: Michael Bergman (OGC) 

Alleged Conduct: Petition for an order to enforce a CID. 

Status: Petition filed 12/22/16. 

Order compelling compliance with CID entered 2/2/17. 

FTC v. LEXIUM INTERNATIONAL, LLC, No. 2:16-mc-00026 (M.D. Fla.) 

Parties: Lexium International, LLC 

 Cellmark Biopharma, LLC 

Assigned Attorney: Brad Grossman (OGC) 

Alleged Conduct: Petition for an order to enforce CIDs. 

Status: Petition filed 9/16/16. 

Order to show cause entered 10/4/16. 

Response to petition filed 10/27/16; Commission’s reply filed 11/9/16. 

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. 

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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 heard 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. 

Stipulation of dismissal entered 2/3/17. 

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION 

ALLERGAN FINANCE v. FTC, No. 2:17-cv-00406 (E.D. Pa.) 

Parties: Allergan Finance, LLC 

Assigned Attorney: Matthew Hoffman (OGC) 

Nature of Action: Action seeking declaratory judgment and alleging forum-shopping in 

connection with the Commission’s re-filing of claims as to the Lidoderm 

Settlement Agreement. 

Status: Complaint filed 1/27/17. 

 Order consolidating case with Endo Pharmaceuticals v. FTC, No. 2:16-cv05599, entered 2/1/17. 

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 

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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. 

 Oral argument heard 12/14/16. 

9th Circuit opinion affirming the district court’s judgment entered 2/27/17. 

CONSUMERS FOR AUTO RELIABILITY & SAFETY v. FTC, No. 1:17-cv-00540 (D.D.C.) 

Parties: Consumers for Auto Reliability and Safety 

 Center for Auto Safety 

U.S. Public Interest Research Group, Inc. 

Assigned Attorneys:	 Leslie Melman (OGC) 

Nature of Action: Action for declaratory and injunctive relief under the Administrative 

Procedure Act in connection with the Commission’s consent orders with 

General Motors and two dealerships regarding the advertising of used 

motor vehicles. 

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Status: Complaint filed 3/24/17. 

DOE v. FTC, No. 4:16-cv-00071 (W.D. Mo.) 

Parties: John Doe 

 Jane Doe 

Assigned Attorneys: Jeffrey Ray (AUSA) 

Leslie Melman (OGC) 

Nature of Action: Action seeking damages under the Privacy Act in connection with the 

disclosure of private and sensitive identifying information. 

Status: Complaint filed 1/28/16. 

 Amended complaint filed 10/21/16. 

 Commission’s motion to dismiss for failure to state a claim filed 

11/22/16; plaintiff’s opposition filed 12/21/16; reply filed 1/17/17. 

ENDO PHARMACEUTICALS v. FTC, Nos. 2:16-cv-05599, 2:16-cv-05600 (E.D. Pa.) 

Parties: Endo Pharmaceuticals, Inc. 

 Endo International, PLC 

 Impax Laboratories, Inc. 

Watson Laboratories, Inc. 

Assigned Attorneys: Bradley Albert (BC/HC) 

 Jamie Towey

 Matthew Hoffman (OGC) 

Nature of Action: Action seeking declaratory judgment that Section 13(b) of the FTC Act 

does not authorize the Commission to pursue its claims against them in 

federal court. 

Status: Complaint filed 10/26/16. 

Commission’s motion to dismiss for lack of subject matter jurisdiction 

filed 12/30/16; opposition filed 1/13/17; Commission’s reply filed 

1/20/17. 

Order consolidating case with Allergan Finance v. FTC, No. 2:17-cv00406, entered 2/1/17. 

 Notice of voluntary dismissal by Endo Pharmaceuticals, Inc and Endo 

International PLC entered 2/2/17. 

 Consolidated amended complaint by Allergan and Watson filed 2/15/17. 

Commission’s motion to dismiss for lack of subject matter jurisdiction, or 

in the alternative, failure to state a claim, filed 3/2/17; plaintiffs’ 

opposition filed 3/16/17; Commission’s reply filed 3/23/17; 

plaintiffs’ sur-reply filed 3/30/17. 

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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. 

Oral argument heard 9/7/16. 

Opinion affirming judgment for Commission entered 12/1/16. 

GOLDMAN v. FTC, 9:16-cv-81870 (S.D. Fla.) 

Parties: Sam J. Goldman a/k/a Sammy Joe Goldman 

Assigned Attorneys:	 Miriam Lederer (BCP/ENF) 

Nature of Action: Action seeking a declaratory judgment that a stipulated judgment entered 

in a related matter does not give the Commission the right to attach or 

enforce a lien on the Plaintiff’s homestead property. 

Status: Complaint filed 11/14/16.

 Joint motion to stay case pending the Court’s decision on the 

 Commission’s motion for an equitable lien in the related matter 

 filed 2/15/17. 

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SOUNDBOARD ASSOCIATION v. FTC, No. 1:17-cv-00150 (D.D.C.) 

Parties: Soundboard Association 

Assigned Attorneys: Bradley Grossman (OGC) 

 Leslie Melman 

 Michele Arington 

Nature of Action: Action seeking declaratory judgment, challenging an FTC staff opinion 

letter advising that the TSR’s restrictions on “prerecorded messages” 

apply to soundboard technology. 

Status: Complaint filed 1/23/17. 

Motion for preliminary injunction by Soundboard Association filed 

1/24/17; Commission’s opposition filed 2/17/17; reply filed 

2/24/17. 

Hearing held 3/3/17. 

AMICUS CURIAE BRIEFS or PARTIAL INTERVENTIONS 

AMPHASTAR PHARMACEUTICALS, INC. v. MOMENTA PHARMACEUTICALS, INC. 

No. 16-2113 (1st Cir.) 

Assigned Attorneys: Imad Abyad (OGC) 

Nature of Action:	 Private action alleging that defendants deceived a private standard setting 

organization into adopting a pharmaceutical testing standard without 

 revealing that they held a patent covering the standard. 

Status: Brief of the Federal Trade Commission as amicus curiae urging reversal of 

the district court’s decision to dismiss the complaint on NoerrPennington grounds filed 11/7/16. 

 Oral argument heard 2/9/17. 

Order reversing district court decision to dismiss complaint and remanding 

 to district court for further proceedings entered 3/6/17. 

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’ reversepayment agreement was shielded from antitrust scrutiny on the basis of 

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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. 

Answering brief of appellee drug companies filed 2/16/16. 

 Commission’s supplemental amicus brief filed 3/17/16. 

Oral argument on issue of jurisdiction heard 9/27/16. 

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. 

 Oral argument heard 2/2/15. 

 Order holding case in abeyance pending resolution of state court 

proceedings entered 1/13/16. 

SMITHKLINE BEECHAM CORPORATION V. KING DRUG CO. OF FLORENCE, No. 15-

1055 (S.Ct.) 

Assigned Attorney: Mark Hegedus (OGC) 

Nature of Action: Private action addressing the question of whether reverse-payment 

agreements are immune from antitrust scrutiny if the consideration given 

by the brand-name manufacturer to the generic challenger is not a cash 

payment, but rather a promise to restrict its competition with the 

challenger after the challenger enters the market. 

Status: Brief of the Federal Trade Commission as amicus curiae filed 10/3/16. 

Petition for certiorari denied 11/7/16. 

TELADOC v. TEXAS MEDICAL BOARD, No. 16-50017 (5th Cir.) 

Assigned Attorney: Michele Arington (OGC) 

Nature of action: Private action alleging that rules adopted by state professional board 

violate antitrust laws. 

Status: Brief of the Federal Trade Commission as amicus curiae urging appeals 

court to dismiss the appeal for lack of jurisdiction, or to affirm the 

district court’s decision that the challenged conduct is not shielded 

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from federal antitrust scrutiny by the “state action” doctrine, filed 

9/9/16. 

Order dismissing appeal entered 10/17/16. 

VISA v. OSBORN, No. 15-0961 (S. Ct.); VISA v. STOUMBOS, No. 15-0962 15 (S. Ct.) 

Assigned Attorney: Brad Grossman (OGC) 

Nature of Action: Private actions addressing the questions of whether allegations that two 

associations of competing banks adopted written rules governing fees that 

the banks charge in their separate businesses suffice to plead concerted 

action subject to antitrust scrutiny under Section 1 of the Sherman Act, 15 

U.S.C. 1. 

Status: Brief of the Department of Justice and the Federal Trade Commission as 

amici curiae filed 10/24/16. 

 Order dismissing writs of certiorari entered 11/17/16. 

IN RE WELLBUTRIN XL ANTITRUST LITIGATION, Nos. 15-3559, 15-3591, 15-3681, 15-

3682 (3d Cir.) 

Assigned Attorney: Mark Hegedus (OGC) 

Nature of Action: Private action alleging anticompetitive reverse-payment agreement 

between brand-name drug manufacturer and a generic drug company. 

Status: Brief of the Federal Trade Commission as amicus curiae in support of 

neither party, urging appeals court to correct legal errors in district 

court’s antitrust analysis, filed 3/11/16. 

 Oral argument heard 9/7/16. 

WOODMAN’S FOOD MARKET, INC. v. CLOROX CO., No. 16-914 (S. Ct.); No. 15-3001 

(7th Cir.) 

Assigned Attorney: Brad Grossman (OGC) 

Nature of Action:	 Private action raising 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 heard 2/12/16. 

Opinion reversing district court entered 8/12/16. 

Petition for certiorari filed 12/27/16. 

Petition for certiorari denied 2/27/17. 

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