SEMIANNUAL FEDERAL COURT

LITIGATION STATUS REPORT

Office of the General Counsel

Bureau of Competition 

Bureau of Consumer Protection 

Regional Offices

June 30, 2019 

No. 136
i 

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 ....................................................................68 

A) Consumer Protection ....................................................................................................68 

B) Competition...................................................................................................................73 

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS ......................................................74 

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION ........................74 

AMICUS CURIAE BRIEFS..........................................................................................................78 
ii

SUMMARY OF CASES

Dist. Ct. Ct. App.* S.Ct. Total

PETITIONS FOR REVIEW 0 4 0 4 

INJUNCTION AND

CONSUMER REDRESS CASES

54 19 0 73 

CIVIL PENALTY AND 

ENFORCEMENT CASES

10 1 0 11 

SUBPOENA AND CID

ENFORCEMENTS

4 0 0 4 

SUITS TO ENJOIN FTC 

ACTION AND OTHER

DEFENSIVE LITIGATION

6 2 0 8 

AMICUS CURIAE BRIEFS 1 1 1 4†

TOTALS 75 27 1 104 

 

* 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 occurring simultaneously.

† Includes one state court case (In re Paplauskas, Jr., see p. 79 herein).
1 

PETITIONS FOR REVIEW

(A) Orders to Cease and Desist

1-800 CONTACTS v. FTC, No. 18-3848 (2d Cir.)

Parties: 1-800 Contacts, Inc.

Assigned Attorneys: Imad Dean Abyad (OGC)

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

Status: Petition for review filed 12/28/18. 

Petitioner’s opening brief filed 6/7/19. 

Commission’s answering brief due 9/6/19. 

LABMD, INC. v. FTC, No. 16-16270 (11th Cir.) 

Parties: LabMD, Inc. 

Assigned Attorneys: Jack Metzler (OGC)

 Matthew Hoffman

 Joel Marcus

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 heard 6/21/17. 

Opinion in favor of petitioner, vacating Commission’s order, entered 

6/6/18. 

Petitioner’s application for attorneys’ fees filed 10/4/18; FTC’s opposition 

filed 11/19/18; petitioner’s reply filed 1/4/19; order directing 

Northern District of Georgia to appoint a special master to 

recommend proper disposition of petitioner’s application entered 

5/6/19. 
2 

LOUISIANA REAL ESTATE APPRAISERS BOARD v. FTC, No. 18-60291 (5th Cir.) 

Parties: Louisiana Real Estate Appraisers Board

Assigned Attorneys: Mark Hegedus (OGC)

Michele Arington

Joel Marcus

Alleged Conduct: Petition for review of Commission’s order denying LREAB’s motion to 

dismiss administrative complaint and granting Complaint Counsel’s 

motion for partial summary decision. 

Status: Petition for review filed 4/19/18.

Petitioner’s motion to stay administrative proceedings pending appeal 

filed 6/11/18; Commission’s response in opposition filed 6/21/18; 

petitioner’s reply filed 6/28/18; order granting motion to stay 

entered 7/17/18. 

Petitioner’s opening brief filed 7/5/18; Commission’s brief filed 8/6/18; 

reply brief filed 8/20/18. 

Oral argument heard 2/7/19. 

Judgment dismissing for lack of jurisdiction entered 2/28/19. 

Petition for rehearing en banc filed 3/18/19; order denying petition entered

4/10/19. 

 

IMPAX LABORATORIES, INC. v. FTC, No. 19-60394 (5th Cir.)

Parties: Impax Laboratories, Inc.

 

Assigned Attorneys: Bradley Grossman (OGC)

Nature of Action: Petition for review of Commission’s opinion and order against Impax 

 Laboratories, Inc. 

Status: Petition for review filed 6/6/19. 

 

(B) Rulemakings

(None Pending) 
3

INJUNCTION AND CONSUMER REDRESS CASES

(A)Preliminary Injunctions (Mergers/Acquisitions)

FTC v. SANFORD HEALTH, No. 17-3783 (8th Cir.); No. 1:17-cv-00133 (D.N.D.)

Parties: Sanford Health

Sanford Bismarck

Mid Dakota Clinic, P.C.

State of North Dakota (Plaintiff)

Assigned Attorneys: Kevin Hahm (BC/Mergers IV)

Elizabeth Arens

Emily Bowne

Christopher John Caputo

Stephanie Cummings

Thomas Dillickrath

Jamie France

Melissa Hill

Laura Krachman

David Owyang

Rohan Pai

Cathleen Williams

Alexander Bryson

Michele Arington (OGC)

Alleged Conduct: Action for preliminary injunction of Sanford Health’s proposed 

acquisition of Mid Dakota clinic as a violation of Section 5 of the FTC Act 

and Section 7 of the Clayton Act.

Status: Complaint filed 6/22/17.

TRO entered 6/22/17.

Evidentiary hearing held 10/30/17-11/3/17.

Order granting preliminary injunction entered 12/13/17. 

Notice of appeal filed 12/15/17.

Appellants’ opening brief filed 1/29/18; Commission’s answering brief 

filed 3/5/18; appellants’ reply brief filed 3/22/18.

Oral argument held 11/13/18.

Opinion affirming district court’s grant of a preliminary injunction entered 

6/13/19.
4

(B) Preliminary Injunctions (Other)

(None Pending)

(C) Permanent Injunctions/Consumer Redress*

FTC v. 8 FIGURE DREAM LIFESTYLE LLC, No. 8:19-cv-01165 (C.D. Cal.)

Parties: 8 Figure Dream Lifestyle, LLC

JL Net Bargains, Inc.

Kappy Enterprises, LLC

Millionaire Mind Enterprises, LLC

OEA, LLC d/b/a Online Entrepreneur Academy d/b/a 14 Day Champion 

Challenge d/b/a 14 Day Challenge, LLC

Spirit Consulting Group, Inc.

John Bain

Alex Dee, f/k/a Alex S. Dowlatshahi

Brian Kaplan

Jerrold Maurer a/k/a Jerry Maurer

Assigned Attorneys: Dorothy Emily Wu (WRLA)

P. Connell McNulty (BCP/MP)

Thomas L. Harris

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

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

fraudulent money-making opportunities to consumers.

Status: Complaint filed 6/12/19.

TRO with asset freeze entered 6/13/19.

Stipulated order extending TRO until preliminary injunction hearing 

entered 6/24/19.

Preliminary injunction hearing set for 7/8/19.

FTC v. A1 JANITORIAL SUPPLY CORP., No. 1:17-cv-07790 (N.D. Ill.)

Parties: A1 Janitorial Supply Corp. d/b/a A One Janitorial

Century Manufacturing Corp. d/b/a A-1 Janitorial Supply

Commercial Maintenance Chemical Corp. d/b/a CMC

Global Direct Resources, Inc. d/b/a A-1 Janitorial d/b/a Century 

 * Unless otherwise noted, cases involve suits for permanent injunction and other equitable relief. Post-judgment 

proceedings in district court are not generally reported.
5

Manufacturing d/b/a Commercial Maintenance Chemical d/b/a 

Target Supplies

Eric Sternberg

Matthew Sternberg

Assigned Attorneys: John C. Hallerud (MWR)

Guy G. Ward

Roberto C. Menjivar

Nathaniel Al-Najjar

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

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

in connection with the telemarketing of nondurable office and cleaning

supplies.

Status: Complaint filed 10/30/17.

TRO entered 11/1/17.

Stipulated preliminary injunction entered 11/21/17.

Joint motion to stay discovery pending settlement negotiations granted 

12/10/18; order granting motion filed 12/13/18.

Stipulated final judgment and order for permanent injunction and other 

equitable relief entered 4/10/19.

FTC v. ABBVIE, INC., Nos. 18-2621, 18-2748, 18-2758 (3d Cir.); No. 2:14-cv-05151 (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

Matthew Hoffman (OGC)

Mark Hegedus

Joel Marcus

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.
6

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

opposition filed 12/12/14; order granting motion to dismiss as to 

Count II of the complaint (thereby dismissing defendant Teva from 

the case) 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 pending Rule 54(b) motion in abeyance 

entered 7/8/15; motion to direct entry denied 8/26/15.

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.

Defendants’ motion for summary judgment on Count 1 of complaint filed 

6/5/17; Commission’s response in opposition filed 7/11/17; reply 

filed 7/26/17; order denying motion entered 9/15/17.

Commission’s motion for partial summary judgment filed 6/5/17; 

defendants’ response in opposition filed 7/10/17; reply filed 

7/27/17; order granting motion entered 9/15/17.

Trial held 2/7/18- 3/1/18.

Defendants’ motion for reconsideration of 9/15/17 order filed 3/23/18; 

Commission’s response filed 4/4/18; reply filed 4/8/18; order 

denying motion for reconsideration entered 6/27/18. 

Monetary judgment in favor of Commission entered 7/18/18.

Commission’s notice of appeal from dismissal of pay-for-delay count and 

declination of an injunction (Case No. 18-2621) filed 7/23/18.

Defendants AbbVie, Inc, Abbott Laboratories, and Unimed 

Pharmaceuticals, LLC’s notice of appeal from finding of sham 

litigation and monetary judgment (Case No. 18-2748) filed 8/8/18.

Defendant Besins Healthcare, Inc’s notice of appeal from finding of sham 

litigation and monetary judgment (Case No. 18-2758) filed 

8/13/18.

Order granting joint motion to dismiss Teva Pharmaceuticals USA, Inc. as 

a party to the appeal entered 3/12/19.

Commission’s opening brief filed 3/28/19; Abbvie’s response/opening 

brief in its cross-appeal filed 6/5/19; Commission’s reply/response

brief due 7/19/19.

FTC v. ACDI GROUP LLC, No. 3:17-cv-00340 (W.D.N.C.)

Parties: ACDI Group LLC

Solutions to Portfolios LLC

Anthony Swatsworth

Assigned Attorneys: Nikhil Singhvi (BCP/FP)

Michael White
7

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’ debt 

collection practices.

Status: Complaint filed 6/22/17.

Commission’s motion for summary judgment filed 11/16/17; response in 

opposition filed 12/22/17; reply to response filed 1/12/18; 

Commission’s and defendants’ supplemental briefs as to motion 

filed 5/16/18.

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

summary judgment entered 8/22/18.

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

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

2:09-cv-00598 (C.D. Cal.)

Parties: Actavis, Inc. (formerly Watson Pharmaceuticals, Inc.)

Par Pharmaceuticals Companies, Inc.

Paddock Laboratories, Inc.

Solvay Pharmaceuticals, Inc.

Assigned Attorneys: Markus Meier (BC)

Saralisa Brau

Cynthia A. Liebes (SER)

Mark S. Hegedus (OGC)

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

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

in connection with agreement between brand name drug manufacturer and 

generic manufacturers delaying entry of generic drug.

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

Amended complaint filed 2/12/09.

Defendants’ motion to transfer case to N.D. Ga.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
8

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

 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; order 

denying motion entered 6/2/17.

Commission’s unopposed motion to dismiss with prejudice as to 

defendants Par Pharmaceutical Companies, Inc. and Paddock 
9

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

2/7/17.

Defendant Solvay Pharmaceuticals, Inc’s motion for summary judgment 

filed 9/29/17; notice of joinder by defendants Actavis Holdco U.S., 

Inc. and Actavis, Inc. filed 9/29/17; response in opposition filed 

1/18/18; reply filed 2/20/18.

Order denying defendant’s motion for summary judgment entered 6/14/18.

Defendant Solvay Pharmaceuticals, Inc’s motion for reconsideration filed 

7/12/18; Commission’s response in opposition filed 7/26/18; reply 

filed 8/9/18; hearing held and motion for reconsideration denied on 

10/1/18.

Stipulated order dismissing with prejudice the Commission’s claims 

against defendants Actavis, Inc. and Actavis Holdco US, Inc. 

entered 2/25/19.

Stipulated order for permanent injunction as to defendants AbbVie 

Products LLC (f/k/a Solvay Pharmaceuticals, Inc.) and AbbVie 

Inc. entered 2/28/19.

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 

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, 
10

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

William Strickler

Assigned Attorneys: Krista Bush (NWR)

Laura Solis

Richard McKewen

Connor Shively

Sophia Calderón

Stephen Fairchild
11

W. Stuart Hirschfield

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.

Motion for summary judgment filed 4/14/17; Commission’s opposition 

filed 5/4/17; reply filed 5/26/17; motion deferred 6/13/17.

Default judgment as to defendants Adept Management, Inc., Anchor 

Publishing Group, Inc., Associated Publishers Network, Inc., Atlas 

Business Consulting LLC, Clarity Group, Inc., Consolidated 

Publishers Exchange, Inc., Crown Resource Management LLC, 

Customer Access Services, Inc., Express Publishers Service, Inc., 

HCG, Inc., Henry Cricket Group, LLC, Liberty Publishers Service, 

Inc., Magazine Clearing Exchange, Inc., Magazine Link, Inc., 

Maximillian, Inc., North West Data Services LLC, PPP 

Magazines, Inc., Publishers Payment Processing, Inc., Publishers 

Payment Processing, Inc., Specialties, Inc., Subscription House 

Agency, Inc., United Publishers Exchange, Inc., and Wineoceros 

Wine Club, Inc. (“Defaulting Defendants”) entered 8/7/17.

Commission’s motion for default judgment and permanent injunction 

order as to Defaulting Defendants filed 3/13/18; response in 

opposition to motion by defendants Jeffrey Hoyal, Lori Hoyal, 

Hoyal & Associates, Inc. filed 3/27/18; Commission’s reply filed 

3/30/18; response in opposition to motion by defendants Reality 

Kats, LLC, Dennis Simpson filed 4/6/18; Commission’s reply filed 

4/12/18.

Motions for summary judgement by defendants Linda Babb, Colleen 

Kaylor, William Strickler, Noel Parducci, Reality Kats, LLC, 

Dennis Simpson, Shannon Bacon, Jeffrey Hoyal, Lori Hoyal, 

Hoyal & Associates, Inc, Laura Lovrien, Lydia Pugsley filed 

8/17/18; Commission’s response in opposition filed 8/31/18; 

defendants’ reply filed 9/7/18. 

Commission’s motion for summary judgment filed 8/17/18; response in 

opposition by defendants Colleen Kaylor, Jeffrey Hoyal, Hoyal & 

Associates, Inc, Noel Parducci, Lori Hoyal, Linda Babb, Shannon 

Bacon, William Strickler, Reality Kats, LLC, Dennis Simpson,

Publishers Payment Processing, Inc, Lydia Pugsley, Laura Lovrien 

filed 8/31/18.
12

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

summary judgment and denying defendants’ motion for summary 

judgment entered 9/25/18.

Trial held 11/6/18 through 12/5/18.

Order denying defendants Hoyal & Associates, Jeffrey Hoyal, and Lori 

Hoyal’s motion for stay pending resolution of appeal in FTC v. 

AMG (Case. No. 16-17197, 9th Cir.) entered 2/19/19.

Order denying defendants Dennis Simpson and Reality Kats, LLC’s 

motion for reconsideration of court’s summary judgment in favor 

of the Commission entered 4/18/19.

Order for permanent injunction against all defendants and monetary 

judgment against defendants Dennis Simpson, Jeffrey Hoyal, and 

Lori Hoyal entered 6/10/19.

Defendant Noel Parducci’s motion for reconsideration of court’s order for

permanent injunction and monetary judgment filed 6/24/19;

defendant Bacon joined 6/25/19.

FTC v. ALLIEDWALLET, INC., No. 2:19-cv-04355 (C.D. Cal.)

Parties: AlliedWallet, Inc. d/b/a Allied Wallet

Allied Wallet, Ltd.

GTBill, LLC

GTBill, Ltd.

Ahmad Khawaja a/k/a Andy Khawaja

Mohammad Diab a/k/a Moe Diab

Amy Rountree a/k/a Amy Ringler

Assigned Attorneys: Andrew Hudson (BCP/MP)

Karen Hobbs

Delilah Vinzon

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

connection with the defendants’ payment facilitating and processing 

business.

Status: Complaint filed 5/20/19.

Stipulated final orders for permanent injunction and monetary judgment 

against defendant Mohammad Diab and defendants Ahmad 

Khawaja, AlliedWallet, Inc., Allied Wallet, Ltd., GTBill, LLC, and 

GTBill, Ltd. entered 6/7/19.

FTC v. AMERICAN FINANCIAL BENEFITS CENTER, No. 4:18-cv-00806 (N.D. Cal.) 

Parties: American Financial Benefits Center

Ameritech Financial

Financial Education Benefits Center
13

Brandon Demond Frere

Assigned Attorneys: Sarah Schroeder (WRSF)

Roberta Tonelli

Evan Rose

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

connection with the marketing of student loan debt relief.

Status: Complaint filed 2/7/18.

Commission’s motion for preliminary injunction filed 3/2/18; opposition 

filed 3/30/18; order granting preliminary injunction entered 

11/29/18.

Defendants’ motion to dismiss filed 4/23/18; Commission’s opposition 

filed 5/16/18; defendant’s reply filed 5/30/18; order denying 

defendants’ motion entered 8/8/18. 

Order granting joint stipulation for a nine-month stay as to defendant 

Brandon Frere entered 2/4/19.

Order granting joint stipulation for a nine-month stay as to all defendants

entered 5/17/19.

FTC v. AMERICAN HOME SERVICING CENTER, LLC, No. 8:18-cv-00597 (C.D. Cal.)

Parties: American Home Servicing Center, LLC

Capital Home Advocacy Center

National Advocacy Center, LLC

Jaime Aburto

Marcus Fierro, Jr. 

Eve Christine Rodriguez

Sergio Lorenzo Rodriguez

Assigned Attorneys: Barbara Chun (WRLA)

Elsie B Kappler (BCP/ENF)

Sangjoon Han

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) 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 4/12/18.

Ex parte TRO with asset freeze and appointment of temporary receiver 

entered 4/13/18.

Preliminary injunction as to defendants American Home Servicing Center, 

LLC; Capital Home Advocacy Center; National Advocacy Center, 

LLC; and Marcus Fierro entered 4/27/18.

Preliminary injunction as to defendants Eve Christine Rodriguez and 
14

Sergio Lorenzo Rodriguez entered 6/12/18. 

Motion to dismiss by defendants National Advocacy Center, LLC, Eve 

Christine Rodriguez, and Sergio Lorenzo Rodriguez filed 7/13/18; 

response in opposition filed 7/19/18; reply to opposition filed 

8/17/18; order denying motion entered 9/12/18.

Commission’s motion for default judgment against defendants Marcus 

Fierro, American Home Servicing Center, LLC, National 

Advocacy Center, LLC, and Capital Home Advocacy Center; 

motion for summary judgment as to all counts filed 2/15/19; order 

taking motion for summary judgment under submission and 

continuing hearing on motion for default judgment entered 

5/23/19.

Final pre-trial conference set for 8/9/19.

FTC v. AMERICAN VETERANS FOUNDATION, INC., No. 8:19-cv-00744 (M.D. Fla.)

Parties: American Veterans Foundation, Inc.

Paul K. Monville

State of Florida (Plaintiff)

Assigned Attorneys: Michael Lane Morgan

Sarah Shifley

Tracy Thorleifson

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

the Telemarketing Sales Rule in connection with sham charity fundraising 

activities.

Status: Complaint filed 3/27/19.

Stipulated order for permanent injunction and monetary judgment entered 

3/28/19.

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

Nev.) 

Parties: AMG Services, Inc.

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

SFS, Inc., d/b/a OneClickCash

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

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

AMG Capital Management, LLC

Level 5 Motorsports, LLC

Lead Flash Consulting, LLC

Black Creek Capital Corporation

Broadmoor Capital Partners, LLC 

Muir Law Firm, LLC
15

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

Jack Metzler (OGC)

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 

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.
16

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 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 

permanent injunction and monetary relief of $1.3 billion entered 

9/30/16.

Notice of appeal filed 11/29/16.

Appellant’s opening brief filed 7/21/17; Commission’s answering brief 

filed 12/11/17; reply brief filed 1/16/18.

Oral argument held 8/15/18.
17

Panel opinion, affirming district court’s summary judgment and relief 

order, entered 12/3/18.

Order denying appellant’s motion for rehearing en banc entered 6/20/19.

FTC v. APARTMENT HUNTERS, INC., No. 8:18-cv-01636 (C.D. Cal.)

Parties: Apartment Hunters, Inc. d/b/a 

WeTakeSection8.com d/b/a ApartmentHunterz.com d/b/a 

FeaturedRentals.com

Real Estate Data Solutions, Inc.

Rental Home Listings Inc.

Uab Apartment Hunters LT

Steven Shayan

Kevin Shayan a/k/a Kaveh Shayan

Assigned Attorneys: Stacy Procter (WRLA)

Amanda Grier (BCP/MP)

Rhonda Perkins

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

FTC Act in connection with the sale of access to listings of purportedly 

available rental units.

Status: Complaint filed 9/11/18.

TRO entered 9/13/18.

Hearing conducted and oral order granting preliminary injunction entered 

9/24/18; preliminary injunction entered 9/28/18.

Commission’s application for contempt against all defendants filed 

9/27/18; opposition filed 9/28/18; reply to opposition filed 10/1/18; 

order holding defendants in contempt entered 10/10/18.

Trial set for 11/5/19.

FTC v. APEX CAPITAL GROUP, LLC, No. 2:18-cv-09573 (C.D. Cal.) 

Parties: Apex Capital Group, LLC

Capstone Capital Solutions Limited

Clik Trix Limited

Empire Partners Limited

Interzoom Capital Limited

Lead Blast Limited

Mountain Venture Solutions Limited

Nutra Global Limited

Omni Group Limited

Rendezvous it Limited

Sky Blue Media Limited

Tactic Solutions Limited
18

Phillip Peikos

David Barnett

SIA Transact Pro

Mark Moskvins

Assigned Attorneys: Laura Zuckerwise (NER)

Brian Lasky

Darren H. Lubetzky

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

the Restore Online Shoppers’ Confidence Act, and the Electronic Fund 

Transfer Act in connection with the marketing of supposedly “free trial” 

offers for personal care products and dietary supplements online.

Status: Complaint filed 11/14/18.

Ex parte TRO entered 11/16/18.

Stipulated preliminary injunctions entered 12/19/18.

Amended complaint naming SIA Transact Pro and Mark Moskvins filed 

5/30/19.

Trial set for 12/10/19.

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: Evan Rose (WRSF)

Matthew D. Gold

 Laura Fremont

Emily Burton

Colin Hector

Maricela Segura (WRLA)

Emily Wu

Dominique Alepin

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.
19

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; order denying stay entered

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; petition granted 5/9/17. 

Oral argument held 9/19/17.

En banc opinion affirming district court’s denial of AT&T’s motion to 

dismiss and remanding for further proceedings entered 2/26/18.

FTC v. AVANT, LLC, No. 1:19-cv-02517 (N.D. Ill.)

Parties: Avant, LLC

Assigned Attorneys: Daniel O. Hanks (BCP/FP)

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

Telemarketing Sales Rule, and the Electronic Fund Transfer Act in 

connection with the defendant’s advertising, marketing, and distribution of 

personal loans.

Status: Complaint filed 4/15/19.

Permanent injunction entered 5/17/19.

FTC v. AWS, LLC, No. 2:18-cv-00442 (D. Nev.)

Parties: Adam S. Bowser

Christopher F. Bowser

Jeffrey A. Gomez

Jody L. Marshall

Adams Consulting, LLC

AWS, LLC

FBA Distributors, LLC

FBA Stores, LLC

Global Marketing Services LLC

Info Pros, LLC

Info Solutions, LLC

Online Auction Learning Center, Inc. (Mass. Corp.)

Online Auction Learning Center, Inc. (Nev. Corp.)
20

Bank of America, N.A. (Intervenor)

Assigned Attorneys: Roberto Anguizola (BCP/MP)

Miry Kim

Gregory Evans

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

the Business Opportunity Rule by, among other things: making false or 

unsubstantiated earnings claims regarding defendants’ business 

opportunities; and failing to furnish prospective purchasers of defendants’ 

business opportunities with the required disclosure documents.

Status: Complaint filed 3/12/18.

TRO entered 3/14/18.

Stipulated order for permanent injunction and monetary judgment as to 

defendants AWS, LLC, FBA Distributors, LLC, FBA Stores, LLC, 

Info Pros, LLC, Info Solutions, LLC, Online Auction Learning 

Center, Inc. (Mass. Corp.), and Online Auction Learning Center, 

Inc. (Nev. Corp.), Christopher F. Bowser, Adam S. Bowser, and 

Jody L. Marshall entered 6/15/18.

Intervenor complaint by Bank of America, N.A. filed 9/28/18.

Stipulated permanent injunction and monetary judgment as to defendants 

Adams Consulting, LLC, Global Marketing Services, LLC, and 

Jeffrey A. Gomez entered 10/10/18.

FTC v. BLUEHIPPO FUNDING, LLC, Nos. 11-374, 16-1599, 17-1587, 17-669 (2d Cir.); No. 

 1:08-cv-01819 (S.D.N.Y.); No. 9:19-cv-80001 (S.D. Fla.); 9:17-ap-01185 (S.D. Fla.)

Parties: BlueHippo Funding, LLC

BlueHippo Capital LLC

Joseph K. Rensin

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

Michael P. Mora

Michele Arington (OGC)

Jack Metzler

Mariel Goetz

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 
21

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.

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; 

temporary stay entered 3/27/17; motion for stay granted 5/2/17.

 District court order finding defendant Rensin in contempt, but staying 

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

Second Circuit opinion affirming district court judgment imposing 

compensatory contempt sanctions entered 4/12/17.

Notice of appeal of 3/28/17 order filed by Joseph Rensin on 5/16/17; order 

holding appeal in abeyance entered 5/31/17. 
22

Appellant’s opening brief (No. 17-669) filed 4/10/17; Commission’s 

answering brief filed 6/9/17; reply brief filed 7/6/17.

Oral argument heard on 2/15/18.

Supplemental briefs filed 2/19/18.

Order compelling appellant Joseph Rensin to respond to Commission’s 

suggestion in its 2/15/18 brief that this case might be consolidated 

with Case No. 17-1587 entered 12/6/18; appellant’s response filed 

12/7/18.

Order consolidating appeals 17-669 and No. 17-1587 entered 1/16/19.

Rensin’s notice of appeal of bankruptcy court’s ruling that his 

compensatory contempt sanction debt to the FTC is not 

dischargeable filed 12/28/18.

Appellant Joseph Rensin’s brief in contempt appeal filed 2/14/19; 

Commission’s brief filed 3/18/19; appellant’s reply brief filed 

4/1/19.

Appellant Rensin’s opening brief in bankruptcy appeal filed 3/29/19;

Commission’s brief filed 5/13/19; Rensin’s reply brief filed 

5/31/19.

Second Circuit decision in consolidated appeals vacating district court’s

judgment entered 6/26/19.

FTC v. CAMPBELL CAPITAL LLC, No. 1:18-cv-01163 (W.D.N.Y.) 

Parties: Campbell Capital LLC d/b/a United Processing Services

Kahl, Heidenreich, and Nemmer LLC

Urban, Heidenreich, Melendez, and Associates, LLC d/b/a Capital Assets, 

Securities, and Holdings Group

J & V Receivables LLC

Rich Financial LLC

BCH & Associates Ltd.

Robert Heidenreich

State of New York (Plaintiff)

Assigned Attorneys: Christopher Y. Miller (NER)

Karen Dahlberg O’Connell

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 

debt.

Status: Complaint filed 10/23/18.

Ex parte TRO entered 10/25/18.

Stipulated preliminary injunctions entered 12/4/18.

Clerk’s entry of default as to all defendants entered 3/19/19.
23

FTC v. CARDIFF, No. 5:18-cv-02104 (C.D. Cal.) 

Parties: Jason Cardiff

Eunjung Cardiff

Danielle Cadiz

Redwood Scientific Technologies, Inc. (California Corp.) d/b/a Rengalife

Redwood Scientific Technologies, Inc. (Nevada Corp.)

Redwood Scientific Technologies, Inc. (Delaware Corp.)

Identify, LLC

Advanced Mens Institute Prolongz LLC d/b/a AMI

Runway Products, LLC

Carols Place Limited Partnership

Jacques Poujade (third party)

Assigned Attorneys: Stacy Rene Procter (WRLA)

Edwin Rodriguez (BCP/DAP)

Elizabeth Sanger 

James Prunty

Shira Modell

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

Act, the Restore Online Shoppers’ Confidence Act, the Electronic Fund 

Transfer Act, and the FTC’s Telemarketing Sales Rule in connection with 

the advertising and marketing of smoking cessation, weight-loss, and 

sexual-performance aids.

Status: Complaint filed 10/10/18.

Preliminary injunction with asset freeze and other equitable relief as to 

defendants Redwood Scientific Technologies, Inc. (California), 

Redwood Scientific Technologies, Inc. (Nevada), Redwood 

Scientific Technologies, Inc. (Delaware), Indentify, LLC. 

Advanced Mens Institute Prolongz LLC, Runway Products, LLC, 

and Carols Place Limited Partnership entered 10/24/18.

Stipulated preliminary injunction as to defendant Danielle Cadiz entered 

11/2/18.

Preliminary injunction with asset freeze and other equitable relief as to 

defendants Jason Cardiff and Eunjung Cardiff entered 11/8/18.

Clerk’s entry of default as to defendants Redwood Scientific 

Technologies, Inc., a California corporation, Redwood Scientific 

Technologies, Inc., a Nevada corporation, and Redwood Scientific 

Technologies, Inc., a Delaware corporation, Advanced Mens 

Institute Prolongz, LLC, and Runaway Products, LLC, entered 

3/5/19.

Clerk’s entry of default as to defendant Identify, LLC entered 3/7/19.

Order granting joint stipulation for permanent injunction as to defendant 

Danielle Cadiz entered 5/16/19.
24

Commission’s application for contempt against defendants Eunjung 

Cardiff, Jason Cardiff, and Jacques Poujade for violations of the 

TRO and preliminary injunction filed 6/17/19.

Contempt hearing set for 7/30/19.

FTC v. CONSUMER DEFENSE, LLC, No. 18-15462 (9th Cir.); No. 2:18-cv-00030 (D. Nev.)

Parties: Consumer Defense, LLC

Consumer Link, Inc.

Preferred Law, PLLC

American Home Loan Counselors

Consumer Defense Group, LLC (formerly known as Modification Review 

Board, LLC)

Consumer Defense, LLC

Brown Legal, Inc.

AM Property Management, LLC

Fmg Partners, LLC

Zinly, LLC

Jonathan P. Hanley

Benjamin R. Horton

Sandra X. Hanley

American Home Loans, LLC

Assigned Attorneys: Adam Wesolowski (BCP/FP)

Gregory Ashe

Imad Abyad (OGC)

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

the Mortgage Assistance Relief Service Rule in connection with the 

marketing and sale of mortgage assistance relief.

Status: Complaint filed 1/8/18.

TRO entered 1/10/18.

Preliminary injunction entered 2/20/18.

Defendant Benjamin R Horton’s motion to dismiss filed 1/22/18; 

Commission’s response to motion filed 2/5/18; reply filed 2/15/18; 

motion denied 6/7/18.

Receiver Thomas W. McNamara’s motion for order authorizing sale of 

real property and vehicles filed 4/16/18. Commission’s nonopposition filed 4/30/18.

Response in opposition to motion for authorizing order on behalf of 

defendants AM Property Management, LLC, American Home 

Loan Counselors, American Home Loans, LLC, Brown Legal, Inc, 

Consumer Defense Group, LLC, Consumer Defense LLC, 

Consumer Defense, LLC, Consumer Link Inc., FMG Partners, 
25

LLC, Jonathan P. Hanley, Sandra X. Hanley, Prefered Law, 

OLLC, and Zinly, LLC filed 4/30/18.

Defendants AM Property Management, LLC, American Home Loan 

Counselors, American Home Loans, LLC, Brown Legal, Inc, 

Consumer Defense Group, LLC, Consumer Defense, LLC, FMG 

Partners, LLC, Jonathan P. Hanley, Sandra X. Hanley, Preferred 

Law, PLLC, Zinly, LLC’s motions to dismiss filed 2/12/18; 

Commission’s responses to motions filed 2/26/18; replies filed 

3/5/18; motion denied 6/7/18.

Notice of appeal of preliminary injunction filed 03/21/18.

Appellants’ opening brief filed 4/18/18; Commission’s answering brief 

filed 5/16/18; reply brief filed 6/6/18.

Order granting stipulated consent judgment for permanent injunction and 

monetary judgment as to defendant Benjamin Horton entered 

6/5/18.

Commission’s motion for entry of clerk’s default as to defendants 

Consumer Defense, LLC (Nevada) and Consumer Link, Inc. filed 

8/7/18.

Ninth Circuit oral argument held 9/14/18. 

Clerk’s entry of default as to Consumer Defense, LLC (Nevada) and 

Consumer Link Inc. entered 1/18/19; default set aside on 6/14/19.

Default judgment against defendants Consumer Defense, LLC, Preferred 

Law, PLLC, American Home Loan Counselors, Consumer 

Defense Group, LLC, American Home Loans, LLC, AM Property 

Management, LLC, FMG Partners, LLC, Brown Legal, Inc., and 

Zinly, LLC entered 4/30/19.

Commission’s motion for default judgment against defendants Consumer 

Defense, LLC (Nevada), Consumer Link, Inc., Preferred Law, 

PLLC, American Home Loan Counselors, Consumer Defense 

Group, LLC, Consumer Defense, LLC (Utah), Brown Legal, Inc., 

AM Property Management, LLC, FMG Partners, LLC, and Zinly, 

LLC filed 5/7/19; Defendant Hanley’s response filed 5/28/19.

Decision by 9th Circuit affirming district court’s grant of a preliminary 

injunction freezing defendants’ assets entered 6/17/19. 

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 
26

 

Assigned Attorneys: Karen Dahlberg O’Connell (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 

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.

Transfer of frozen funds completed and receiver discharged 6/21/19.

FTC v. CREDIT BUREAU CENTER, LLC, Nos. 18-3310, 18-2847 (7th Cir.); No. 1:17-cv00194 (N.D. Ill.)

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

credit updates.com, and freecreditnation.com
27

Michael Brown

Danny Pierce

Andrew Lloyd

Assigned Attorneys: Guy Ward (MWR)

Douglas McKenney

Michael Bergman (OGC)

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.

Stipulated preliminary injunction as to defendants Michael Brown and 

Credit Bureau Center entered 2/21/17.

Order finding defendant Michael Brown in civil contempt entered 6/28/17.

Stipulated order for permanent injunction and monetary judgment as to 

defendants Danny Pierce and Andrew Lloyd entered 10/26/17.

Commission’s motion for summary judgment against remaining 

defendants Michael Brown and Credit Bureau Center, LLC filed 

3/2/18; defendants’ response filed 3/12/18; order granting motion 

for summary judgment entered 6/26/18.

Notice of appeal by defendants Michael Brown and Credit Bureau Center, 

LLC filed 8/22/18.

Motion by defendants Michael Brown, Credit Bureau Center, LLC to stay 

district court’s final injunction pending appeal filed 8/31/18; 

response in opposition filed 9/17/18; district court order granting 

motion to stay in part, barring Commission from distributing funds 

recovered to consumers pending conclusion of appeal, but 

otherwise denying, entered 9/26/18.

Amended notice of appeal of post-judgment order denying defendants’ 

request to pay their attorneys from the receivership estate filed 

10/26/18.

Order consolidating appeals entered 11/16/18.

Appellants’ brief filed 12/5/18.

Order denying defendants Michael Brown and Credit Bureau Center, 

LLC’s motion for stay of judgment pending appeal entered 1/8/19.

Commission’s brief filed 3/12/19; appellants’ reply brief filed 4/1/19.

Oral argument heard 4/17/19.
28

FTC v. CURE ENCAPSULATIONS, INC., No. 1:19-cv-0982 (E.D.N.Y.)

Parties: Cure Encapsulations, Inc.

Naftula Jacobowitz a/k/a Nate Jacobs a/k/a Nat Jacobs

Assigned Attorneys: Michael Ostheimer (BCP/AP)

Savvas Diacosavvas (NER)

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

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

and sale a product that purportedly causes weight loss.

Status: Complaint filed 2/19/19.

Stipulated order for permanent injunction and monetary judgment entered 

6/3/19.

FTC v. DIGITAL ALTITUDE LLC, No. 2:18-cv-00729 (C.D. Cal.)

Parties: Digital Altitude LLC

Digital Altitude Limited

Aspire Processing LLC

Aspire Processing Limited

Aspire Ventures Ltd

Disc Enterprises Inc.

RISE Systems & Enterprise LLC, a Utah LLC

RISE Systems & Enterprise LLC, a Nevada LLC

Soar International Limited Liability Company

The Upside, LLC

Thermography for Life, LLC d/b/a Living Exceptionally, Inc.

Michael Force

Mary Dee

Morgan Johnson

Alan Moore

Sean Brown

Assigned Attorneys: Andrew Hudson (BCP/MP)

Jody Goodman

Laura Basford

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

connection with the marketing, advertising, promotion, and sale of an 

online business-coaching scheme.

Status: Complaint filed 1/29/18.

Stipulated preliminary injunctions against defendants Sean Brown, 

Morgan Johnson, and Alan Moore entered 3/1/18.
29

Stipulated preliminary injunction against defendant The Upside, LLC 

entered 3/6/18.

Preliminary injunction against defendants Michael Force, Mary Dee, 

Thermography For Life, and Digital Attitude entered 3/9/18.

Stay to allow Commission approval of proposed settlements with 

defendants The Upside, LLC and Morgan Johnson entered 5/3/18.

Motion for default judgements against corporate defendants filed 5/14/18

Application for court approval of stipulated final orders for permanent 

injunction and monetary judgment against defendants The Upside 

LLC and Morgan Johnson filed 6/29/18.

Commission’s motion for default judgment against Digital Alititude, LLC 

filed 8/28/18.

Joint motion to stay case pending Commissioners’ review of final 

settlement agreement with defendant Alan Moore filed 9/18/18; 

motion granted 9/19/18; joint motion to continue stay filed 

12/10/18; motion granted 12/11/18.

Joint motion to stay case pending Commissioners’ review of final 

settlement agreement with defendant Mary Dee filed 10/31/18; 

motion granted 11/5/18.

Commission’s motion for default judgment against defendants Digital 

Altitude LLC, Aspire Processing LLC, Disc Enterprises Inc, RISE 

Systems & Enterprise LLC (Utah), RISE Systems & Enterprise 

LLC (Nevada), Soar International Limited Liability Company, 

Digital Altitude Limited, Aspire Processing Limited, and Aspire 

Ventures Ltd filed 11/8/18; order granting motion in part, taking 

under submission request for entry of a final order and permanent 

injunction, entered 11/15/18.

Order granting Commission’s application to stay case pending approval of 

proposed settlement entered 2/5/19.

Stipulated orders for permanent injunction and monetary judgment against 

defendants Alan Moore, Thermography for Life, LLC, Mary Dee, 

and Michael Force entered 3/4/19.

Default judgment and permanent injunction against defendants Digital 

Altitude, LLC, Aspire Processing LLC, Disc Enterprises, Inc., Rise 

Systems and Enterprise LLC (Utah), Rise Systems and Enterprise 

LLC (Nevada), Soar International Limited Liability Company, 

Digital Altitude Limited, Aspire Processing Limited, and Aspire 

Ventures Ltd entered 3/6/19.

FTC v. DISABLED POLICE & SHERIFFS FOUNDATION, No. 4:19-cv-00667 (E.D. Mo.)

Parties: Disabled Police and Sheriffs Foundation, Inc. d/b/a The American Police 

and Sheriffs Association d/b/a Police Officers Safety Association

David Kenik

State of Missouri (Plaintiff)
30

Assigned Attorneys: Tracy Thorleifson (NWR)

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

the Telemarketing Sales Rule in connection with sham charity fundraising 

activities.

Status: Complaint filed 3/27/19.

Stipulated order for permanent injunction and monetary judgment entered 

4/30/19.

FTC v. D-LINK SYSTEMS, INC., No. 3:17-cv-00039 (N.D. Cal.)

Parties: D-Link Corporation

D-Link Systems, Inc.

Assigned Attorneys: Kevin Moriarty (BCP/DPIP)

 Cathlin Tully

Jarad Brown

Katherine McCarron

Brian Berggren

 

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. 

Status: Complaint filed 1/5/17.

Defendant D-Link System’s motion to dismiss filed 1/31/17; 

Commission’s opposition filed 2/14/17; reply filed 2/14/17; order 

granting in part and denying in part entered 9/19/17.

Defendant D-Link Corporation’s motion to dismiss for lack of jurisdiction 

filed 4/3/17; Commission’s opposition filed 4/17/17; reply filed 

4/24/17.

Stipulated order dismissing defendant D-Link Corporation without 

prejudice entered 5/15/17.

Cross-motions for summary judgment by Commission and defendant DLink Systems filed 9/21/18; order denying motions entered 

11/5/18.

Order granting joint stipulation to continue trial date at least ninety days 

pending settlement approval entered 5/10/19.

FTC v. DLUCA, No. 0:18-cv-60379 (S.D. Fla.)

Parties: Thomas Dluca

Louis Gatto

Eric Pinkston

Scott Chandler
31

Assigned Attorneys: Jason Moon (SWR)

M. Hasan Aijaz

Nature of Action: Deceptive cryptocurrency chain referral scheme and earnings 

representations in violation of Section 5 of the FTC Act.

Status: Complaint filed 2/20/18.

TRO entered 3/12/18.

Preliminary injunction as to defendants Dluca, Gatto, and Chandler 

entered 4/16/18; order modifying the preliminary injunction as to 

defendant Gatto entered 10/11/18.

Defendants Chandler and Gatto’s motion to dismiss filed 4/19/18; order 

denying motion entered 9/5/18.

Stipulated preliminary injunction as to defendant Pinkston entered 

4/20/18.

Motion for order to show cause as to why defendant Chandler should not 

be held in contempt for violating the preliminary injunction filed 

10/5/18; order denying motion entered 11/16/18.

Order granting joint motion for sanctions for violation of preliminary 

injunction as to defendant Dluca entered 10/29/18.

Preliminary injunction entered 2/16/19.

Notice of settlement filed by defendant Eric Pinkston 5/29/19.

Order staying proceedings until 9/5 entered 6/10/19.

FTC v. ECOLOGICAL FOX, LLC, No. 1:18-cv-03309 (D. Md.) 

Parties: Ecological Fox, LLC

Luke Chadwick

Andris Pukke a/k/a Marc Romeo a/k/a Andy Storm

Peter Baker

Global Property Alliance, Inc. d/b/a Sanctuary Bay, Sanctuary Belize, The 

Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, 

Eco Futures Development, Eco Futures Belize, Sittee River 

Wildlife Reserve, Buy Belize, Buy International

Sittee River Wildlife Reserve d/b/a Sanctuary Bay d/b/a Sanctuary Belize 

d/b/a The Reserve

Buy Belize, Llc d/b/a Sanctuary Bay d/b/a Sanctuary Belize d/b/a The 

Reserve d/b/a Kanantik d/b/a Laguna Palms d/b/a Bamboo Springs

Buy International, Inc. d/b/a Sanctuary Bay d/b/a Sanctuary Belize d/b/a 

The Reserve d/b/a Kanantik d/b/a Laguna Palms d/b/a Bamboo 

Springs

Foundation Development Management Inc.

Eco-Futures Development d/b/a Sanctuary Bay d/b/a Sanctuary Belize 

d/b/a The Reserve
32

Eco-Futures Belize Limited d/b/a Sanctuary Bay d/b/a Sanctuary Belize 

d/b/a The Reserve

Power Haus Marketing

Brandi Greenfield

BG Marketing, LLC

Prodigy Management Group, LLC

John Usher

Rod Kazazi

Foundation Partners f/k/a Red Crane Advisors, Inc.

Frank Costanzo a/k/a Frank Green a/k/a Frank Peerless Green a/k/a Frank 

Connelly a/k/a Frank Connelly-Costanzo

Belize Real Estate Affiliates, LLC d/b/a Coldwell Banker Belize d/b/a 

Coldwell Banker Southern Belize

Exotic Investor, LLC d/b/a Coldwell Banker Belize d/b/a Coldwell Banker 

Southern Belize

Southern Blaze Realty, LLC d/b/a Coldwell Banker Belize d/b/a Coldwell 

Banker Southern Belize

Sanctuary Belize Property Owners’ Association d/b/a The Reserve 

Property Owners’ Association

Atlantic International Bank, Ltd.

Angela Chittenden

Beach Bunny Holdings, LLC

The Estate of John Pukke a/k/a The Estate of Janis Pukke a/k/a The Estate 

of John Andris Pukke

John Vipulis

Deborah Connelly

Newport Land Group, LLC a/k/a Laguna Palms a/k/a Sanctuary Belize 

a/k/a Bamboo Springs a/k/a The Reserve

Michael Santos

Assigned Attorneys: Jonathan Cohen (BCP/ENF)

Amanda Kostner

Benjamin Theisman

Elizabeth Averill

Khouryanna DiPrima

Theodore (Jack) Metzler (OGC)

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

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

real estate investments and related services.

Status: Complaint filed 10/31/18.

TRO entered 11/11/18.

Motion for interim preliminary injunction filed 11/15/18; response in 

opposition filed 11/16/18; reply filed 11/18/18.
33

Order extending TRO, to remain in effect as an interim preliminary 

injunction through the conclusion of a show cause hearing, entered 

11/20/18.

Defendant Atlantic International Bank, LTD’s motion to dismiss filed 

12/14/18; response in opposition filed 1/22/19; defendant’s 

response filed 1/31/19.

Defendant Andris Pukke’s motion to transfer case to the Central District 

of California filed 12/14/18.

Notice of appeal from 11/20/18 order by defendant Atlantic National Bank 

filed 12/19/18.

Commission’s amended complaint filed 1/15/19.

Order denying defendant Atlantic International Bank’s motion to dismiss 

entered 2/1/19.

Order denying defendant Andris Pukke’s motion to dismiss certain claims 

in the amended complaint entered 3/4/19.

Commission’s motion to hold defendants John Vipulis, Peter Baker, 

Andris Pukke, and John Usher in contempt filed 3/5/19; response 

in opposition filed by defendant Peter Baker 3/7/19.

Preliminary injunction hearing held 3/11/19-3/22/19.

Motion to dismiss for failure to state a claim by defendant Michael Santos 

filed 3/18/19; Commission’s response filed 4/1/19.

Order modifying interim preliminary injunction entered 3/28/19.

Order granting Commission’s motion to stay proceedings as to defendants 

Frank Costanzo, Ecological Fox, LLC, and Deborah Connelly 

entered 4/4/19.

Motion to dismiss for lack of jurisdiction by defendant Atlantic 

International Bank, LTD filed 4/4/19; Commission’s response filed 

6/7/19.

Order denying defendant Anris Pukke’s motion to dismiss entered 

4/30/19.

Appellant Atlantic International Bank, LTD’s opening brief filed 5/14/19;

Commission’s response brief filed 6/12/19.

FTC v. ELECTRONIC PAYMENT SOLUTIONS OF AMERICA, INC., No. 2:17-cv-02535 

(D. Ariz)

Parties: Electronic Payment Solutions of America, Inc.

Electronic Payment Services, Inc.

KMA Merchant Services, LLC

Dynasty Merchants, LLC

Jay Wigdore

Michael Abelmesseh aka Michael Stewart

Nikolas Mihilli

Electronic Payment Systems, LLC

Electronic Payment Transfer, LLC

John Dorsey
34

Thomas McCann

Michael Peterson

Assigned Attorneys: Bikram Bandy (BCP/MP)

James Evans

Jody Goodman

Karen Hobbs

Michelle Chua

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

the FTC’s Telemarketing Sales Rule in connection with telemarketing 

scheme that told consumers they could earn thousands of dollars by 

lending money to small businesses.

Status: Complaint filed 7/28/17.

First amended complaint filed 3/9/18.

Stipulated order for permanent injunction and monetary judgment against 

defendants KMA Merchant Services LLC and Michael 

Abdelmesseh entered 6/13/18.

Stipulated order for permanent injunction and monetary judgment against 

Dynasty Merchants, LLC and Nikolas Mihilli entered 1/9/19.

Motion to dismiss FTC’s claim for monetary relief by Electronic Payment 

Systems, LLC, and Electronic Payment Transfer, LLC filed 

4/24/19; Commission’s opposition filed 5/8/19; defendants’ reply 

filed 5/24/19.

Joint motion to approve consent judgment against defendant Michael 

Peterson filed 5/9/19; defendants Electronic Payment Systems, 

LLC and Electronic Payment Transfer, LLC’s response to motion 

filed 5/23/19; Commission’s reply filed 5/29/19.

FTC v. ELITE IT PARTNERS, No. 2:19-cv-00125 (D. Utah)

Parties: Elite IT Partners d/b/a Elite IT Home

James Michael Martinos

Assigned Attorneys: Amanda R. Grier (BCP/MP)

Colleen Robbins

Elsie Kappler

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

Telemarketing Sale Rule, and Section 4 of the Restore Online Shoppers’ 

Confidence Act in connection with computer technical support scheme.

Status: Complaint filed 2/25/19.

TRO entered 2/26/19.

Preliminary injunction entered 5/6/19.
35

FTC v. F9 ADVERTISING LLC, No. 3:19-cv-01174 (D.P.R.)

Parties: F9 Advertising LLC

Gopalkrishna Pai

Ace Initiative Group, LLC

Connected AD Station LLC

Fastlane Sales, LLC

Hyper Marketing Solutions LLC

Media Redefined LLC

Primed Marketing LLC

Responsive Media LLC

Assigned Attorneys: Michael Schaefer (BCP/ENF)

Gregory J. Madden

Alleged Conduct: Deceptive acts or practices in violation of the Restore Online Shoppers’ 

Confidence Act in connection with “free trial” and negative option online 

marketing.

Status: Complaint filed 2/21/19.

Order granting Commission’s motion for entry of default against 

defendants Ace Initiative Group, LLC, Connected AD Station 

LLC, Fastlane Sales LLC, Hyper Marketing Solutions, LLC, 

Media Redefined, LLC, Primed Marketing, LLC, and Responsive 

Media, LLC entered 3/25/19.

Order staying case pending the resolution of the ongoing criminal 

proceedings entered 5/16/19.

FTC v. FAT GIRAFFE MARKETING GROUP, No. 2:19-cv-00063 (D. Utah)

Parties: Fat Giraffe Marketing Group, LLC

Cloud Click, LLC

Elevate Consulting International, LLC

Cove Solutions, LLC

Lake View Holdings, LLC

Gregory W. Anderson

Garrett P. Robins

Assigned Attorneys: Savvas S. Diacosavvas (NER)

Darren H. Lubetzky

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

the Telemarketing Act, and the Business Opportunity Rule in connection 

with the defendants’ promotion of business opportunities to consumers.
36

Status: Complaint filed 1/29/19.

Stipulated order for permanent injunction and monetary judgment against 

all defendants entered 2/12/19.

FTC v. FEDERAL CHECK PROCESSING, INC., Nos. 16-3805, 16-3811 (2nd Cir.); No. 1:14-

cv-00122 (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 

Michele Arington (OGC)

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

Collection Practices Act in connection with debt collection operation.

 

Status: Complaint filed 2/24/14. 

 Ex parte TRO entered 3/24/14.

 Stipulated preliminary injunction entered 3/25/14. 

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

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

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

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.

Briandi’s opening brief filed 5/24/17; Commission’s brief filed 8/23/17.

Oral argument heard 10/3/18. 

Opinion affirming the district court’s judgment entered 1/11/19.
37

FTC v. FIRST CHOICE HORIZON LLC, No. 6:19-cv-01028 (M.D. Fla.)

Parties: First Choice Horizon LLC

First Southern Trust LLC

First United Mutual LLC

Premier Union Trust LLC d/b/a Second Choice Horizon

South Premier Trust LLC

Suncoast Mutual LLC

Raymond Gonzalez

Carlos S. Guerrero d/b/a CSG Solutions

Joshua Hernandez

Assigned Attorneys: Barbara Bolton (SER)

Michael A. Boutros

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

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

credit rate reduction services.

Status: Complaint filed 6/3/19.

TRO entered 6/3/19.

Preliminary injunction hearing held 6/28/19.

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: Andrew David Wone (BCP/AP)

Michelle K. Rusk

Sarah Emily Botha

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.

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

stay pending decision in FTC v. Shire ViroPharma (3d Cir.) filed 

11/9/18; Commission’s opposition filed 12/3/18; reply filed 

12/10/18; motion withdrawn 4/3/19.

Order administratively terminating action for 60 days, pending 

consummation of settlement, entered 4/30/19.

Joint motion for entry of stipulated final judgment filed 6/28/19.
38

FTC v. GLOBAL ASSET FINANCIAL SERVICES GROUP, LLC, No. 3:19-cv-00055 

(W.D.N.C.)

Parties: Global Asset Financial Services Group, LLC

Regional Asset Maintenance LLC

Midwestern Alliance, LLC

10D Holdings, Inc.

Trans America Consumer Solutions, LLC

LLI Business Innovations, LLC

Tacs I, LLC

Tacs II, LLC

TacsIII, LLC

Cedar Rose Holdings & Development, Inc.

Ankh Ali

Aziza Ali

Kenneth Moody

David Carr

Jeremy Scinta

Omar Hussain

Assigned Attorneys: Gregory Ashe (BCP/FP)

Quinn Roman Martin

Jesse Hubbard

Nature of Action: 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 defendants’ 

debt collection practices, including attempts to harass consumers into 

paying debts that they do not actually owe.

Status: Complaint filed 2/4/19.

TRO entered 2/4/19.

Preliminary injunction as to defendants Omar Hussain, Cedar Rose 

Holdings & Development, Inc., Global Asset Financial Services 

Group, LLC, Ankh Ali, Aziza Ali, and Kenneth Moody entered 

2/15/19.

Preliminary injunction as to defendants 10D Holdings, Inc, Trans America 

Consumer Solutions, LLC, Midwestern Alliance, LLC, Tacs I, 

LLC, Tacs II, LLC, Tacs III, LLC, and David Carr entered 

2/25/19.

Preliminary injunction as to defendant Regional Asset Maintenance, LLC, 

entered 2/28/19.

Preliminary injunction as to defendants LLI Business Innovations, LLC 

and Jeremy Scinta entered 3/5/19.
39

Stipulated final order for permanent injunction and settlement of claims as 

to defendants Ankh Ali, Aziza Ali, Kenneth Moody, and Global 

Asset Financial Services Group, LLC, entered 6/12/19.

FTC v. GLOBAL COMMUNITY INNOVATIONS, LLC, No. 5:19-cv-00788 (N.D. Ohio)

Parties: Global Community Innovations, LLC

Innovated Health LLC

Emerging Nutrition Inc.

Premium Health Supplies, LLC

Buddha My Bread LLC

Innovated Fulfillment, LLC

Ship Smart LLC

Vista Media LLC

Ash Abbas LLC

DCT Marketing, Inc.

RNA Enterprise, Inc.

ROS Marketing & Consulting, LLC

Fred Richard Guerra, III

Lanty Paul Gray, Jr.

Rafat Abbas

Robby O. Salaheddine

Assigned Attorneys: Kristin Williams (BCP/AP)

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

Act in connection with defendants’ marketing and sale of purported 

cognitive enhancement products.

Status: Complaint filed 4/10/19.

Amended complaint filed 4/29/19.

Stipulated final judgments and orders for permanent injunction and other 

equitable relief against all defendants entered 4/30/19.

FTC v. GRAND TETON PROFESSIONALS, LLC, No. 3:19-cv-00933 (D. Conn.)

Parties: Grand Teton Professionals, LLC

99th Floor, LLC

Mait Management Inc.

Demand Dynamics LLC

Atomium Corps Inc. (WY)

Atomium Corps Inc. (CO)

Startup Masters NJ Inc. (WY)

Startup Masters NJ Inc. (NJ)

First Incorporation Services Inc. (WY)

First Incorporation Services Inc. (FL)
40

Douglas C. Filter

Marcio G. Andrade

Assigned Attorneys: Gregory Ashe (BCP/FP)

Ioana Rusu Gorecki

Elizabeth Kwok

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

FTC Act, the Credit Repair Organizations Act, the Telemarketing Sales 

Rule, the Consumer Review Fairness Act, the Truth in Lending Act, and 

the Electronic Funds Transfer Act in connection with the marketing and 

sale of credit repair services.

Status: Complaint filed 6/17/19.

TRO entered 6/18/19.

FTC v. HIGHER GOALS MARKETING LLC, No. 6:17-cv-02048 (M.D. Fla.)

Parties: Higher Goals Marketing LLC

Sunshine Freedom Services LLC

Brandun L Anderson

Lea A. Brownell

Melissa M. Deese

Gerald D. Starr, Jr.

Travis L. Teel

Wayne T. Norris

Assigned Attorneys: Tejasvi Srimushnam (BCP/MP)

Joshua A. Doan

Rhonda Perkins

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

the FTC’s Telemarketing Sales Rule in connection with the sale of 

interest-rate-reduction services to consumers struggling with credit card 

debt.

Status: Complaint filed 11/29/17.

Stipulated preliminary injunctions against all defendants and order 

appointing receiver entered 12/28/17.

Order granting motion to stay proceedings pending Commission approval 

of proposed settlements entered 6/8/18.

Unopposed motion for entry of stipulated orders for permanent injunction 

and monetary relief as to defendants Brandun Anderson, Lea 

Brownell, Wayne Norris, Gerald Starr, Jr, Sunshine Freedom 

Services LLC, Travis Teel, and Melissa Deese filed 8/9/18.

Stipulated orders for permanent injunction and monetary relief against 
41

defendants Sunshine Freedom Services, LLC, Brandun Anderson, 

Lea Brownell, Melissa Deese, Wayne Norris, Gerald Starr, and 

Travis Teel entered 3/18/19.

FTC v. HITE MEDIA GROUP LLC, No. 2:18-cv-02221 (D. Ariz.)

Parties: Hite Media Group LLC d/b/a Premium Grants d/b/a PremiumGrants.com

Premium Business Solutions LLC d/b/a Premium Grants d/b/a 

PremiumGrants.com d/b/a Premium Services

Premium Domain Services LLC d/b/a Premium Grants d/b/a 

PremiumGrants.com d/b/a Premium Services

2 Unique LLC d/b/a Unique Services d/b/a Unique Grants d/b/a 

UniqueGrants.com d/b/a Grant Support

Amazing App LLC

Michael Ford Hilliard

Michael De Rosa

Shawn Stumbo

Tiffany Hoffman

Jeremy Silvers

Assigned Attorneys: Ronnie Brooke (BCP/MP)

Russell Deitch

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

the FTC’s Telemarketing Sales Rule in connection with the sale and 

offering for sale of grants services.

Status: Complaint filed 7/16/18.

Ex parte TRO with asset freeze entered 7/17/18.

Stipulated preliminary injunction as to defendants Hilliard, Hoffman, De 

Rosa, Hite Media Group, LLC, 2 Unique, LLC, and Amazing App, 

LLC entered 7/31/18.

Preliminary injunction as to unstipulated defendants Shawn Stumbo, 

Jeremy Silvers, Premium Business Solutions, and Premium 

Domain Services entered 7/31/18.

Application for entry of default against defendants Shawn Stumbo, 

Premium Domain Services, Jeremy Silvers, and Premium Business 

Solutions filed 8/28/18; clerk’s entry of default entered 8/29/18.

Joint motion to stay for 60 days pending filing of stipulated orders for 

permanent injunction and monetary judgment as to defendants 

Michael Ford Hilliard, Amazing APP, LLC, Hite Media Group, 

LLC, Michael De Rosa, Tiffany Hoffman, and 2 Unique LLC filed 

11/9/18; order granting motion entered 11/19/18.

Stipulated orders for permanent injunction and monetary judgments

against defendants 2 Unique, LLC, Tiffany Hoffman, Hite Media 

Group, LLC, Amazing App, LLC, Michael Ford Hilliard, and 
42

Michael De Rosa entered 2/26/19.

Commission’s motion for default judgment as to defendants Shawn 

Stumbo, Jeremy Silvers, Premium Business Solutions, LLC, and 

Premium Domain Services, LLC filed 3/18/19.

FTC v. HORNBEAM SPECIAL SITUATIONS, LLC, No. 1:17-cv-03094 (N.D. Ga.) 

Parties: Hornbeam Special Situations, LLC

Cardinal Points Holdings, LLC

Cardinal Points Management, LLC d/b/a Clear Compass Digital Group

Gyroscope Management Holdings, LLC

EDebitPay, LLC

Platinum Online Group, LLC d/b/a Premier Membership Clubs

Clickxchange Media, LLC

iStream Financial Services, Inc.

Jerry L. Robinson

Earl G. Robinson

James McCarter

Keith Merrill

Mark Ward

Dale Paul Cleveland

William R. Wilson

Kris Axberg

Richard Joachim

Chet Andrews

Patricia Brandmeier Robinson [executor of estate of Jerry L. Robinson]

Assigned Attorneys: R. Michael Waller (BCP/ENF)

Korin Felix

Elizabeth J. Averill

Omolara Joseney

Reenah L. Kim

Hong Park

Amanda C. Basta

Kimberly L. Nelson

Anna M. Burns

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

Section 4 of Restore Online Shoppers’ Confidence Act, and the FTC’s 

Telemarketing Sales Rule in connection with the marketing of various 

products or services, including memberships in online discount clubs, to 

consumers seeking payday, cash advance, or other subprime loans.

Status: Complaint filed 8/15/17.

Consent motion to stay case for 90 days as to defendant Keith Merrill filed 

10/6/17; order granting stay entered 10/11/17.
43

Consent motion to stay case and suspend filing obligations upon the death 

of defendant Jerry L. Robinson filed 11/15/17; order granting 

consent motion entered 11/21/17. 

Motions to dismiss by defendants Mark Ward, Dale Paul Cleveland, 

EDebitPay, LLC, William Wilson, Kris Axberg, Richard Joachim, 

iStream Financial Services, Inc, and Earl Robinson filed 2/9/18; 

response in opposition 2/23/18; opinion and order denying motion 

entered 4/16/18.

Motion to dismiss by defendant by Patricia Brandmeier Robinson filed 

3/22/18; response in opposition 4/5/18; order denying motion 

entered 4/16/18.

Motion to dismiss complaint for lack of subject matter jurisdiction by 

defendants Chet Andrews, Kris Axberg, Dale Paul Cleveland, 

EDebitPay,LLC, Richard Joachim, James McCarter, Earl G. 

Robinson, Patricia Brandmeier Robinson, Mark Ward, William R. 

Wilson, iStream Financial Services, Inc. filed 4/20/18; 

Commission’s opposition filed 5/4/18; reply filed 5/11/18; order 

denying motion, but ordering supplemental briefing on part of the 

court’s 4/16/18 opinion, entered 7/11/18. 

Defendants’ response to court’s 7/11/18 request for supplemental briefing 

filed 7/23/18; Commission’s response to court’s request filed 

7/30/18.

Order vacating part of court’s 4/16/18 opinion and granting Commission 

leave to file an amended complaint entered 10/15/18.

Amended complaint filed 11/5/18.

Motions to dismiss for failure to state a claim by defendants iStream 

Financial Services, Inc, Chet Andrews, Patricia Brandmeier 

Robinson, Dale Paul Cleveland, EDebitPay, LLC, William Wilson, 

James McCarter, Mark Ward, and Earl Robinson filed 11/15/18; 

Commission’s opposition filed 12/13/18; defendants’ reply filed 

2/8/19; order denying motions to dismiss entered 2/12/19.

FTC v. HYLAN ASSET MANAGEMENT LLC, No. 1:18-cv-00710 (W.D.N.Y.) 

Parties: Hylan Asset Management LLC

Worldwide Processing Group LLC d/b/a Worldwide Processing d/b/a 

Forward Movement Recovery d/b/a FMR

Andrew Shaevel

Frank A Ungaro, Jr.

Bobalew Management Corporation

Bobalew, LLC

6P Management Corporation

6P LLC

Jon Purizhansky

State of New York (Plaintiff)
44

Assigned Attorneys: Michael White (BCP/FP)

Matthew Wilshire

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, 

marketing, and sale of phony and unauthorized debt portfolios.

Status: Complaint filed 6/26/18.

Stipulated TRO entered 6/29/18.

Stipulated preliminary injunction entered 7/9/18.

Order granting joint motion to stay proceedings pending the 

Commission’s approval of settlement with all defendants entered 

4/26/19.

Stipulated orders for permanent injunction and monetary judgment as to 

all defendants entered 6/27/19.

FTC v. IBACKPACK OF TEXAS LLC, No. 3:19-cv-00160 (S.D. Tex.)

Parties: iBackPack of Texas, LLC

Douglas Monahan

Assigned Attorneys: Patrick Roy (BCP/FP)

Daniel Hanks

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

connection with the defendants’ deceptive practices in the course of 

multiple crowdfunding campaigns.

Status: Complaint filed 5/6/19.

Order denying motion for permanent injunction as moot entered 5/21/19.

FTC v. IMPETUS ENTERPRISE, INC., No. 8:18-cv-01987 (C.D. Cal.) 

Parties: Impetus Enterprise, Inc. d/b/a Aiding Student Relief d/b/a Aiding Student 

and Teachers d/b/a Aidnest d/b/a Avec Staffing d/b/a National 

Education Student and Teacher

Fig Tree and Co., LLC d/b/a Aiding Student Relief d/b/a Aiding Students 

and Teacher d/b/a Aiding Students and Teachers

Tuan Dinh Duong a/k/a Thomas Duong a/k/a Thomas Dinh

Brenda Avitia-Pena

Brian Colombana d/b/a Futero

Noel Solutions, LLC

Jimmy Calderon

Premier Capital Investments

Capital Sun Investments
45

Assigned Attorneys: Barbara Chun (WRLA)

Brian Welke (BCP/ENF)

Joshua Millard

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

FTC’s Telemarketing Sales Rule in connection with the marketing and 

sale of student loan debt relief services.

Status: Complaint filed 11/6/18.

Ex parte TRO with asset freeze and other relief entered 11/13/18. 

Preliminary injunction with asset freeze and other relief entered 11/29/18.

Superseding preliminary injunction (adding defendants Capital Sun and 

Jimmy Calderon) entered 4/2/19.

First amended complaint against Defendants Brenda Avitia-Pena, Jimmy 

Calderon, Capital Sun Investments, Brian Colombana, Tuan Dinh 

Duong, Fig Tree and Co., LLC, Impetus Enterprise, Inc., and Noel 

Solutions, LLC filed 4/3/19.

Order staying proceedings as to defendants Jimmy Calderon and Capital 

Sun Investments, LLC pending Commission vote on settlement 

entered 5/6/19.

Clerk’s entry of default as to defendants Fig Tree and Co., LLC, Impetus 

Enterprise, Inc., and Noel Solutions, LLC entered 5/17/19.

Order dismissing defendant Tuan Dinh Duong with prejudice entered 

6/5/19.

Stipulated order for permanent injunction and monetary judgment as to 

defendants Capital Sun Investments, LLC, and Jimmy Calderon 

entered 6/18/19.

Order staying proceedings as to defendant Brenda Avitia-Pena pending 

Commission vote on settlement entered 6/20/19.

FTC v. INNOVATIVE DESIGNS, INC., No. 2:16-cv-01669 (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.

Trial set for 7/29/19.

FTC v. INTERBILL, LTD., No. 09-16179 (9th Cir.); No. 2:06-cv-01644 (D. Nev.)

Parties: Priority Payout, Corp. (successor to defendant InterBill, Ltd.)
46

Thomas Wells

Assigned Attorneys: Karen Hobbs (BCP/MP)

Andrew Hudson

Simon Han (BCP/ENF)

Alleged Conduct: Contempt proceeding for violations of a 2009 court order in connection 

with defendants’ unauthorized debiting of consumers’ checking accounts.

Status: Complaint filed 12/26/06.

Permanent injunction entered 4/30/09.

Notice of appeal by defendant Interbill, Ltd. filed 5/30/09.

Order affirming the judgment of the District Court entered 6/28/10.

Stipulated final judgment and orders for compensatory contempt relief, 

supplemental permanent injunction, and other equitable relief as to 

Thomas Wells, InterBill, Ltd., and Priority Payout Corp entered 

4/10/19.

FTC v. DAMIAN KUTZNER, Nos. 17-56455, 17-56476 (9th Cir.); 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. 

Jeremy Foti 

Assigned Attorneys: Benjamin Theisman (BCP/ENF) 

Gregory Madden

Thomas Syta (WRLA) 

Michael Bergman (OGC) 

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. 
47

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. 

Stipulated order for permanent injunction and other equitable relief as to 

Jonathan Tarkowski 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. 

Stipulated order for permanent injunction and other equitable relief as to 

R. Geoffrey Broderick entered 4/14/17. 

Order granting Commssion’s motion for default judgment against 

defendants Brookstone Law P.C. (California), Brookstone Law 

P.C. (Nevada), Advantis Law P.C., and Advantis Law Group P.C. 

entered 8/28/17. 

Order granting Commission’s motion for summary judgment as to 

defendants Jeremy Foti and Charles T. Marshall entered 9/5/17. 

Final judgment and order for permanent injunction as to defendants 

Brookstone Law P.C. (California), Brookstone Law P.C. (Nevada), 

Advantis Law P.C., and Advantis Law Group P.C.entered entered 

9/8/17. 

Final judgment and order for permanent injunction as to defendants 

Jeremy Foti and Charles T. Marshall entered 9/21/17. 

Defendant Jeremy Foti’s notice of appeal filed 9/25/17; amended notice of 

appeal filed 12/19/17. 

Defendant Charles T. Marshall’s notice of appeal filed 9/28/17. 

Appellant Jeremy Foti’s motion to dismiss appeal voluntarily filed 4/6/18; 

order dismissing appeal entered 4/9/18.

Appellant Charles T. Marshall’s opening brief filed 9/14/18; 

Commission’s answering brief filed 11/14/18; appellant’s reply 

filed 4/25/19.

FTC v. LENDING CLUB CORP., No. 3:18-cv-02454 (N.D. Cal.)

Parties: Lending Club Corporation d/b/a Lending Club

Assigned Attorneys: Katharine Roller (BCP/FP)

Matthew Wilshire
48

David Lincicum (BCP/DPIP)

Leah Frazier

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

FTC Act and the Privacy of Consumer Financial Information Rule in 

connection with the advertising, promotion, and sale of unsecured loans.

Status: Complaint filed 4/25/18.

Motion to dismiss complaint filed 6/18/18; response in opposition filed 

7/18/18; reply in support of motion filed 8/1/18; order granting 

motion in part and denying in part entered 10/3/18.

First amended complaint filed 10/22/18.

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 

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 (Relief Defendant)

Timothy Woods (Relief Defendant)

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.
49

Status: Complaint filed 6/7/16.

Stipulated preliminary injunction entered 6/30/16.

Motion for summary judgment as to defendant Kevin Guice filed 5/1/17; 

opposition filed 5/30/17; Commission’s reply filed 6/14/17; order 

granting summary judgment and permanent injunction entered 

12/7/18.

Notice of stipulated proposed orders for permanent injunction and 

monetary judgment against all defendants except Kevin Guice filed 

9/1/17.

Order for permanent injunction and monetary relief against Kevin Guice 

entered 12/7/18.

Order granting summary judgment, with permanent injunction and 

monetary relief, against Kevin Guice entered 12/10/18.

Stipulated final orders against defendants Chase Jackowski, Linda 

McNealy, Clarence Wahl, Karen Wahl, and corporate defendants

Life Management Services of Orange County, LLC, Loyal 

Financial & Credit Services, LLC, IVD Recovery, LLC, KWP 

Services, LLC, KWP Services of Florida LLC, LPSOFFLA LLC, 

LPSOFFLORIDA L.L.C., PW&F Consultants of Florida LLC, 

UAD Secure Services LLC, UAD Secure Service of FL LLC, URB 

Management, LLC, YCC Solutions LLC, and YFP Solutions LLC 

entered 4/23/19.

Stipulated final orders against relief defendants Robert Guice and Timothy 

Woods entered 4/23/19.

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)

Samantha Gordon

Roberto Menjivar

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

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

connection with robocalls that pitched seniors “free” medical alert 

 systems.

Status: Complaint filed 6/30/15.

Motion for preliminary injunction filed 7/6/15.

Preliminary injunction hearing held 12/14/15.
50

Preliminary injunction entered 3/31/16.

Notice of appeal filed 5/31/16.

Amended complaint filed 7/14/16.

Order suspending appeal pending court-ordered mediation entered 

7/26/16.

Defendants David Roman, Safe Home Security, Inc. and Medguard Alert, 

Inc.’s and defendant Mitchel May’s motions for summary 

judgment filed 12/27/17; Commission’s response in opposition to 

motions filed 2/26/18. 

Commission’s motion for summary judgment filed 12/27/17; defendants’ 

opposition filed 2/26/18; Commission’s reply filed 3/19/18. 

Order denying parties’ cross-motions for summary judgment entered 

9/24/18.

Order denying Commission’s motion to stay entered 4/23/19.

Order granting the Commission and the State of Florida’s renewed motion 

for stay entered 5/22/19.

Joint motion for entry of stipulated order for permanent injunction and 

monetary judgment filed 6/24/19.

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)

Douglas McKenney
51

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.

FTC v. MOBE LTD., Nos. 18-13715, 18-13716 (11th Cir.); No. 6:18-cv-00862 (M.D. Fla.)

Parties: MOBE Ltd.

MOBEProcessing.com, Inc.

Transaction Management USA, Inc.

MOBETraining.com, Inc.

MOBE Pro Limited

MOBE Online Ltd.

9336-0311 Quebec, Inc. d/b/a Business Education Training

MattLloydPublishing.com Pty Ltd.

MOBE Inc.

Matthew Lloyd McPhee a/k/a Matt Lloyd

Russell W. Whitney, Jr.

Susan Zanghi

Assigned Attorneys: Bikram Bandy (BCP/MP)

Sung Kim

Benjamin Davidson

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

connection with the marketing and sale of an online business education 

program.

Status: Complaint filed 6/4/18.

Ex parte TRO entered 6/5/18; order extending TRO entered 6/19/18.

Emergency motion for relief from TRO and, to extent necessary, to 

intervene by Qualpay, Inc. filed 6/22/18

Motion to approve stipulated preliminary injunction as to Defendant Susan 

Zanghi filed 6/25/18; order granting motion entered 8/20/18.

Motion to approve stipulated preliminary injunction as to Defendant 

Russell Whitney filed 7/3/18; order granting motion entered 

8/20/18.

Motion by interested party Synovus Bank for emergency relief from TRO 

and to intervene filed 7/10/18.
52

Ordering denying motion for emergency relief by intervenor Qualpay, Inc. 

and Synovus Bank entered 8/8/18.

Motion by Synovus Bank for clarification regarding order filed 8/13/18; 

order denying motion for clarification entered 8/16/18. 

Notice of appeal (No. 18-13715), as to 8/8/18 court order, by Synovus 

Bank filed 8/31/18; order granting motion to voluntarily dismiss 

appeal entered 11/13/18. 

Notice of appeal (No. 18-13716), as to 8/16/18 court order, by intervenor 

Qualpay, Inc. filed 8/31/18.

Order granting consent motion to stay all proceedings as to defendant 

Susan Zanghi filed 10/24/18. 

Stipulated order for permanent injunction and monetary judgment against 

defendant Susan Zanghi entered 12/6/18.

Clerk’s entry of default against defendants 9336-0311 Quebec Inc., 

MOBE Inc., MOBE Ltd., MOBE Pro Limited, 

MOBEProcessing.com, Inc., MOBETraining.com, Inc., Matt 

Lloyd Publishing.com Pty Ltd., Matthew Lloyd McPhee, Mobe 

Online Ltd., and Transaction Management USA, Inc. entered 

2/1/19.

Commission’s motion for entry of default judgment and permanent 

injunction against 9336-0311 Quebec Inc., MOBE Inc., MOBE 

Ltd., MOBE Pro Limited, MOBEProcessing.com, Inc., 

MOBETraining.com, Inc., Matt Lloyd Publishing.com Pty Ltd., 

Matt Lloyd McPhee, Mobe Online Ltd., and Transaction 

Management USA, Inc., filed 3/15/19; response filed 4/15/19; 

order denying motion as moot entered 4/19/19.

Order granting Matthew Lloyd McPhee’s motion to set aside clerk’s 

default entered 4/19/19.

Commission’s amended motion for entry of default judgment and 

permanent injunction against 9336-0311 Quebec Inc., MOBE Inc., 

MOBE Ltd., MOBE Pro Limited, MOBEProcessing.com, Inc., 

MOBETraining.com, Inc., Matt Lloyd Publishing.com Pty Ltd., 

Mobe Online Ltd., and Transaction Management USA, Inc. filed 

5/2/19.

Order substituting Ingrid Whitney, in her capacity as the personal 

representative of the estate of deceased defendant Russell Whitney, 

as defendant entered 5/10/19; order granting motion to stay all 

proceedings against Ingrid Whitney entered 6/3/19.

Order granting appointment of a Special Receiver to investigate claims 

against Qualpay and Synovus Bank entered 5/23/19.

Intervener Synovus Bank’s counterclaims and defenses filed 6/3/19; 

Commission’s motion to limit intervention and set aside Synovus 

Bank’s counterclaims and defenses filed 6/3/19; special receiver’s 

motion to dismiss or strike Synovus Bank’s counterclaims and 

defenses filed 6/24/19; intervener Qualpay’s answer, defenses, and 

cross-claim filed 6/24/19.
53

FTC v. NATIONAL UROLOGICAL GROUP, INC., No. 10-125 (S. Ct); Nos. 17-15695, 

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

Jack Metzler (OGC)

Amanda Basta (BCP/ENF) 

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

Defendants’ notices of appeal filed 7/11/14 and 7/14/14.
54

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 held 3/27/17 - 4/7/17.

Final judgment against defendants Hi-Tech Pharmaceuticals, Inc., Jared 

Wheat, and Stephen Smith, and Terrill Mark Wright entered 

10/31/17.

Defendants Hi-Tech Pharmaceuticals, Inc., Stephen Smith and Jared 

Wheat’s notice of appeal filed 12/21/17; appellants’ briefs filed 

3/30/18; Commission’s answering brief filed 6/14/18; reply briefs 

filed 7/30/18.

Oral argument scheduled for 7/26/19.
55

FTC v. NEXT-GEN, INC., No. 4:18-cv-00128 (W.D. Mo.)

Parties: Next-Gen, Inc. d/b/a Award Notification Services d/b/a Cash Claim 

Advisors d/b/a Central Award Distribution d/b/a International 

Award Services d/b/a National Award Commission d/b/a Prize 

Notification Services Foundation d/b/a Security Dispatch, Ltd.

Westport Enterprises, Inc. d/b/a Cash Claim Advisors d/b/a Security 

Dispatch, Ltd. d/b/a Award Prize Advisory d/b/a Award Review 

Board d/b/a National Awards Commission

Opportunities Unlimited Publications, Inc. d/b/a Entertainment Awards 

Center d/b/a International Award Payment Center d/b/a North 

American Awards Center d/b/a Puzzle Mania

Opportunities Management Co.

Summit Management Team, LLC

Contest America Publishers, Inc. d/b/a Entertainment Award Company 

d/b/a International Awards Payment Center

Reveal Publications, LLC d/b/a National Research Company d/b/a Fortune 

Research Bureau d/b/a Financial Report Services

Aosr Corporation d/b/a Subscription Reporter Corporation (formerly 

known as Sweepstakes Reporter Co., Inc.) d/b/a American 

Sweepstakes Publisher d/b/a National Bureau

Lighthouse Fla Enterprises, LLC

Gamer Designs, LLC

Kevin R. Brandes

William J. Graham

Charles Floyd Anderson

Montelago Marketing, Inc.

State of Missouri (Plaintiff)

Assigned Attorneys: Sarah Shifley (NWR)

Richard McKewen

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

connection with the worldwide distribution of deceptive sweepstakes and 

other prize mailers.

Status: Complaint filed 2/20/18.

Motion for TRO filed 2/20/18; Commission’s brief in support of motion 

filed 2/23/18; brief in opposition filed 3/8/18; reply filed 3/22/18; 

order granting TRO entered 7/17/18.

Motion to dismiss case filed 3/29/18; brief in support filed 3/29/18; 

Commission’s brief in opposition filed 4/1/18; reply filed 4/26/18; 

order denying motion entered 9/10/18.

Amended complaint adding defendants Anderson and Montelago 

Marketing, Inc. filed 9/24/18.

Stipulated order for permanent injunction and monetary judgment entered 
56

3/13/19.

FTC v. OFFICE DEPOT, INC., No. 9:19-cv-80431 (S.D. Fla.)

Parties: Office Depot, Inc.

Support.com, Inc.

Assigned Attorneys: Colleen Robbins (BCP/MP)

Sung Wan Kim

Thomas M. Biesty

Clore Wack

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

connection with the defendants’ marketing, offering for sale, or sale of 

computer security or technical support services.

Status: Complaint filed 3/27/19.

Stipulated order for permanent injunction and monetary judgment against 

Support.com, Inc. entered 3/28/19.

Stipulated order for permanent injunction and monetary judgment against 

Office Depot, Inc. entered 3/29/19.

FTC v. OMICS GROUP, INC., No. 19-12538 (9th Cir.), No. 2:16-cv-02022 (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

Mariel Goetz (OGC)

Joel Marcus

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.

Commission’s motion for summary judgment filed 5/1/18; response to 

motion filed 6/22/18; reply filed 7/6/18.

Defendants’ motion for summary judgment filed 5/1/18; Commission’s 

response to motion filed 5/22/18; reply filed 6/22/18.
57

Order granting Commission’s motion for summary judgment and denying 

defendants’ motion for summary judgment entered 3/29/19.

Notice of appeal filed 4/11/19.

Appellants’ opening brief due 7/31/19.

FTC v. PASSPORT IMPORTS, INC., No. 8:18-cv-03118 (D. Md.) 

Parties: Passport Imports, Inc. d/b/a Passport Toyota

Passport Motorcars, Inc. d/b/a Passport Infiniti of Alexandria d/b/a 

Passport Nissan of Alexandria d/b/a Passport Nissan of Marlow 

Heights

Autos International, Inc. d/b/a Passport Infiniti of Suitland Jay A. Klein

Everett A Hellmuth, III

Temecula Equity Group, LLC d/b/a Overflowworks.com

Jeffrey R Bush

Assigned Attorneys: Thomas Kane (BCP/FP)

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

connection with the mailing tens of thousands of fake “urgent recall” 

notices to consumers to lure them to visit car dealerships.

Status: Complaint filed 10/10/18.

Stipulated orders for permanent injunction as to defendants Passport 

Imports Inc.; Passport Motorcars, Inc; Autos International, Inc.; 

Temecula Equity Group, LLC; and Jeffrey Bush entered 11/27/18.

FTC v. PETERSON, No. 4:18-cv-00049 (D. Utah) 

Parties: Travis Deloy Peterson a/k/a Travis Peterson a/k/a T. D. Peterson d/b/a 

Veterans of America d/b/a Telefunding d/b/a Vehicles for Veterans 

d/b/a Saving Our Soldiers d/b/a Donate Your Car d/b/a Donate

That Car d/b/a Act of Valor d/b/a Medal of Honor

Assigned Attorneys: Fil M. de Banate (ECR)

Adrienne Jenkins

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

FTC’s Telemarketing Sales Rule in connection with soliciting 

contributions to a purported charity for veterans. 

Status: Complaint filed 7/10/18.

TRO entered 7/10/18.

Stipulated preliminary injunction entered 7/20/18.

Stipulated permanent injunction and monetary relief entered 4/1/19.
58

FTC v. POINTBREAK MEDIA, LLC, No. 0:18-cv-61017 (S.D. Fla.)

Parties: PointBreak Media, LLC d/b/a Point Break Media d/b/a Point Break 

Solutions d/b/a Kivanni Marketing

DCP Marketing, LLC d/b/a Point Break

Modern Spotlight Group LLC Modern Spotlight

Modern Spotlight LLC

Modern Internet Marketing LLC

Modern Source Media, LLC Modern Source

Perfect Image Online LLC

Dustin Pillonato

Justin Ramsey

Aaron Michael Jones aka Michael Aaron Jones aka Mike Jones

Ricardo Diaz

Michael Pocker

Steffan Molina

Allstar Data, LLC

National Business Listings, LLC

Pinnacle Presence LLC

Vincent Yates

Daniel Carver

Stephanie Watt (Relief Defendant)

Jennefer Ramsey (Relief Defendant)

Assigned Attorneys: Brian M. Welke (BCP/ENF)

Christopher J. Erickson

Evan M. Mendelson

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

the course of marketing, offering for sale, and selling Google listing or 

search engine optimization services.

Status: Complaint filed 5/7/18.

TRO entered 5/8/18.

Preliminary injunction as to defendant Ricardo Diaz entered 5/25/18.

Preliminary injunction as to defendants Steffan Molina and Perfect Image 

Online LLC entered 6/6/18.

Clerk’s entry of default as to defendants PointBreak Media; DCP 

Marketing, LLC; Modern Source Media, LLC; and Aaron Michael 

Jones entered 6/28/18. 

Order granting Commission’s motion for preliminary injunction as to 

defendants Allstar Data, LLC, National Business Listings, LLC, 

Pinnacle Presence LLC, Vincent Yates, and Daniel Carver, and 

relief defendants Stephanie Watt and Jennefer Ramsey entered 

8/13/18.
59

Motion to vacate and/or set aside preliminary injunction by relief 

defendants Jennefer Ramsey and Stephanie Watts filed 8/13/18; 

order granting motion, giving defendants time to respond to 

Commission’s motion for preliminary injunction, entered 8/14/18.

Defendants’ response to Commission’s motion for a preliminary 

injunction filed 8/16/18; Commission’s reply file 8/23/18.

Order granting preliminary injunction entered 8/30/18.

Stipulated preliminary injunction as to relief defendants Stephanie Watt 

and Jennefer Ramsey entered 8/31/18.

Commission’s motion for summary judgment as to defendants Dustin 

Pillonato and Justin Ramsey filed 12/18/18; response in opposition 

filed 1/2/19; Commission’s reply filed 2/4/19.

Notice of settlement as to defendants Ricardo Diaz, Michael Pocker, 

Modern Spotlight LLC, Modern Spotlight Group LLC, Modern 

Internet Marketing LLC, Steffan Molina, Perfect Image Online 

LLC, and Pinnacle Presence LLC filed 3/5/19.

Magistrate’s report and recommendation that the Commission’s motion 

for summary judgment be granted entered 3/11/19; defendants’ 

objections filed 3/18/19; Commission’s response filed 3/21/19; 

order granting Commission’s motion for summary judgment 

entered 4/5/19.

Notice of settlement and request for entry of stipulated orders against 

relief defendants Jennefer Ramsey and Stephanie Watt filed 

4/4/19.

Joint motion to set aside default and enter stipulated order of permanent 

injunction and monetary judgment as to defendant Daniel Carver 

filed 4/4/19; order granting joint motion entered 4/5/19.

Commission’s motion for default judgment and permanent injunction 

against defendants Aaron Michael Jones, Vincent Yates, 

Pointbreak Media, LLC, Modern Source Media, LLC, Allstar 

Data, LLC, DCP Marketing, LLC, and National Business Listings, 

LLC, filed 4/8/19; order granting motion for default judgment 

entered 4/25/19.

Stipulated orders of permanent injunction and monetary judgment as to 

defendants Jennefer Ramsey, Stephanie Watt, Daniel Carver, 

Steffan Molina, Ricardo Diaz, Michael Pocker, Modern Spotlight,

LLC, Modern Spotlight Group, LLC, Modern Internet Marketing, 

LLC, Dustin Pillonato, and Justin Ramsey entered 4/25/19.

FTC v. PUBLISHERS BUSINESS SERVICES, INC., 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
60

Brenda Dantuma Schang

Dries Dantuma

Dirk Dantuma

Jeffrey Dantuma

Edward Fred Dantuma

Assigned Attorneys: Faye Chen Barnouw (WRLA)

Maricela Segura

Karen Goff (WRSF)

Joel Marcus (OGC)

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.

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.

Appellants’ opening brief filed 8/30/17; Commission’s answering brief 

filed 10/30/17; reply brief filed 12/20/17.

Oral argument held 8/15/18.

Opinion affirming judgment of the district court entered 8/31/18. 

Appellants’ petition for rehearing filed 10/15/18; Commission’s 

opposition filed 12/20/18. 

Order denying appellants’ petition for rehearing en banc entered 

6/19/19.
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FTC v. QUALCOMM, INC., No. 19-16122 (9th Cir.); 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) 

 Jennifer Milici

 Michele Arington (OGC)

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.

Motion to dismiss filed 4/3/17; Commission’s opposition filed 5/12/17; 

reply filed 5/16/17; order denying motion entered 6/26/17.

Commission’s motion for partial summary judgment filed 8/30/18; 

Qualcomm’s opposition filed 9/24/18; reply filed 10/4/18.

Order granting Commission’s motion for partial summary judgment 

entered 11/6/18.

Commission’s pretrial brief filed 12/28/18; defendant’s pretrial brief 

filed 12/28/18.

Trial held 1/4- 1/29/19.

Findings of fact and conclusions of law and final judgment in favor of 

the Commission, with a permanent injunction, entered 5/21/19.

Notice of appeal filed 5/31/19.

Motion for stay pending appeal by Qualcomm filed 5/28/19; 

Commission’s opposition filed 6/11/19; Qualcomm’s reply filed 

6/18/19.

FTC v. QUINCY BIOSCIENCE HOLDING CO., INC., No. 17-3745 (2nd Cir.); No. 17-3791 

(2nd Cir); 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)
62

Assigned Attorneys: Michelle Rusk (BCP/AP)

Annette Soberatas

Edward Glennon

Bradley D. Grossman (OGC)

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.

Motion to dismiss for failure to state a claim filed 4/6/17; Commission’s 

opposition filed 4/25/17; reply filed 5/5/17; order granting motion 

entered 9/29/17.

Commission’s notice of appeal filed 11/21/17.

Commission’s opening brief filed 2/28/18; appellees’ brief filed 5/30/18; 

Commission’s reply filed 6/13/18; appellees’ corrected brief filed 

6/15/18; Commission’s corrected brief filed 7/17/18.

Oral argument held 2/8/19.

Order vacating the judgment of the District Court and remanding the case 

for further proceedings entered 2/21/19.

Corporate defendants’ supplemental brief on motions to dismiss filed 

6/17/19.

Individual defendants’ supplemental brief on motions to dismiss filed 

6/18/19.

FTC v. SHIRE VIROPHARMA, INC., No. 18-1807 (3rd Cir.); No. 1:17-cv-00131 (D. Del.)

Parties: Shire ViroPharma, Inc.

Assigned Attorneys: Bradley Albert (BC/HC)

June Im

Meredyth Andrus

Josepth Matthias

Steve Vieux

James Weingarten

Matthew Hoffman (OGC)

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.

Motion to dismiss filed 4/10/17; Commission’s opposition filed 5/25/17;
63

reply filed 6/26/17.

Order granting motion to dismiss entered 3/20/18.

Commission’s notice of appeal filed 4/11/18.

Commission opening brief filed 6/19/18; appellee’s brief filed 8/2/18; 

Commission’s reply brief filed 8/30/18.

Oral argument held 12/11/18.

Opinion affirming the judgment of the district court entered 2/25/19.

FTC v. SIMPLE HEALTH PLANS, LLC, No. 19-10840, No. 19-11932 (11th Cir.), No. 18-cv62593 (S.D. Fla.)

Parties: Simple Health Plans, LLC

Health Benefits One LLC d/b/a Health Benefits Center d/b/a Simple 

Health d/b/a Simple HeaIth Plans d/b/a Simple lnsurance d/b/a 

Simple lnsurance Plans d/b/a Simple Auto d/b/a Simple Home

d/b/a Simple Home Plans d/b/a Simple Care d/b/a Simple Life

d/b/a National Dental Savings

Health Center Management LLC

Innovative Customer Care LLC

Simple Insurance Leads LLC d/b/a Health Insurance Services

Senior Benefits One LLC

Steven J. Dorfman

Assigned Attorneys: Elizabeth Scott (MWR)

James Davis

Joannie Wei

Kenneth Hawkins

Roberto Menjivar

Nathaniel Al-Najjar

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

FTC’s Telemarketing Sales Rule in connection with the sale and 

marketing of limited benefit insurance plans and medical discount 

memberships.

Status: Complaint filed 10/29/18

TRO entered 10/31/18; order extending TRO entered 12/21/18.

Notice of appeal by defendant Steven J. Dorfman as to order on motion for 

temporary restraining order, order on motion to appoint receiver, 

order on motions for order to show cause, and order on motion to 

strike filed 3/4/19.

Order of dismissal from USCA for lack of jurisdiction entered 4/16/19.

Preliminary injunction hearing held 4/16/19.

Preliminary injunction entered 5/14/19.

Notice of appeal of preliminary injunction filed 5/15/19.
64

Order by district court denying defendants’ motion to stay proceedings 

pending appeal entered 5/31/19.

Order by 11th Circuit denying appellant Steven Dorfman’s motion to stay 

lower court proceedings entered 6/11/19.

Defendant Steven Dorfman’s motion to dissolve preliminary injunction 

filed 6/4/19; Commission’s opposition filed 6/17/19.

Appellant Steven Dorfman’s opening brief filed 5/24; Commission’s brief 

due 7/24/19.

FTC v. STARWOOD CONSULTING, LLC, No. 4:18-cv-02368 (S.D. Tex.) 

Parties: Star Wood Consulting, LLC d/b/a Corporate Compliance Services

Thomas Henry Fred, Jr.

State of Florida (Plaintiff)

Assigned Attorneys: Luis Gallegos (SWR)

Reid Tepfer

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

and the Florida Deceptive and Unfair Trade Practices Act in connection 

posing as a government entity or authority in the sale of labor law posters.

Status: Complaint filed 7/10/18.

Order granting joint motion for preliminary injunction entered 9/6/18.

Amended complaint against all defendants filed 3/27/19.

FTC v. SURESCRIPTS, LLC, No. 1:19-cv-01080 (D.D.C.)

Parties: Surescripts, LLC

Assigned Attorneys: Bradley Albert (BC/HC)

Markus Meier

D. Patrick Huyett

David B. Schwartz

Joseph P. Mathias

Tanya O’Neil

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

in connection with the defendants’ anticompetitive scheme to maintain its

monopolies over two separate, complementary markets: electronic

prescription routing and eligibility.

Status: Complaint filed 4/17/19.
65

FTC v. TATE’S AUTO CENTER, No. 3:18-cv-008176 (D. Ariz.) 

Parties: Tate’s Auto Center of Winslow Inc.

Tates Automotive Inc.

Tate Ford Lincoln Mercury Inc. d/b/a Tate’s Auto Center

Tate’s Auto Center of Gallup Inc.

Richard Berry

Linda Tate

Assigned Attorneys: Katherine Worthman (BCP/FP)

Naomi Takagi

Stephanie Cox

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

the Truth in Lending Act and its implementing regulations in connection 

with the marketing, sale, and financing of motor vehicles.

Status: Complaint filed 7/31/18.

Defendant’s notice of filing bankruptcy filed 3/19/19; Commission’s 

response filed 3/27/19.

FTC v. TRIANGLE MEDIA CORP., No. 18-56161 (9th Cir.); No. 3:18-cv-01388 (S.D. Cal.)

Parties: Triangle Media Corporation aka Triangle CRM aka Phenom Health aka 

Beauty and Truth aka E-Cigs

Jasper Rain Marketing, LLC aka Phenom Health aka Cranium Power

Hardwire Interactive, Inc. aka Phenom Health aka Beauty and Truth aka 

E-Cigs

Global Northern Trading Limited

Devin Keer

Brian Phillips

Assigned Attorneys: Samantha Gordon (MWR)

Matthew Wernz

Douglas McKenney

Michele Arington (OGC)

Olga Vaytsman

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

Restore Online Shoppers’ Confidence Act, and the Electronic Fund 

Transfer Act in connection with the online advertising and sale of skincare 

products, e-cigarettes, and dietary supplements.

Status: Complaint filed 6/25/18.

Ex parte TRO with asset freeze and receivership entered 6/29/18; order 

extending TRO entered 7/9/18.
66

Preliminary injunction entered 8/24/18.

Notice of appeal of preliminary injunction by Hardwire Interactive filed 

8/27/18.

Opening brief by appellant filed 9/25/18; answering brief by FTC filed 

10/23/18; reply brief filed 11/13/18.

Oral argument held 3/7/19.

Opinion affirming the district court’s grant of a preliminary injunction 

entered 3/19/19.

Order granting joint motion to stay as to all defendants entered 4/8/19.

Stipulated order for permanent injunction and monetary judgment as to all 

defendants entered 5/30/19.

FTC v. VYLAH TEC LLC, No. 17-13481 (11th Cir.); No. 2:17-cv-00228 (M.D. Fla.)

Parties: Vylah Tec LLC d/b/a VTec Support

Express Tech Help LLC

Tech Crew Support LLC

Angelo J. Cupo

Robert Cupo

Dennis Cupo

State of Florida (Plaintiff)

Assigned Attorneys: Robin Rock (SER)

Sana Chriss

Mark Hegedus (OGC)

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

connection with the advertising, marketing, distribution, and sale of 

computer technical support services and security software.

Status: Complaint filed 5/1/17.

TRO entered 5/12/17.

Preliminary injunction order entered 6/4/17.

Notice of appeal to 11th Cir. filed 8/1/17.

Appellants’ opening brief filed 9/25/17; appellee’s brief filed 11/7/17; 

reply filed 11/21/17; opinion affirming entry of preliminary 

injunction, but partially vacating and remanded for additional 

findings on application of asset freeze to individual defendants, 

entered 3/8/18.

Defendant Dennis Cupo’s motion for summary judgment filed 6/5/18; 

Commission’s response filed 6/20/18; Dennis Cupo’s objection to 

Commission’s response filed 6/27/18. 

Commission’s motion to dismiss defendant Dennis Cupo filed 9/19/19; 

order granting motion for voluntary dismissal with prejudice of 

defendant Dennis Cupo entered 9/20/19; Cupo’s motion for 

summary judgment denied as moot 9/20/19.
67

Motion for partial summary judgment by defendants Angelo J. Cupo, 

Robert Cupo, Express Tech Help LLC, Tech Crew Support LLC, 

and Vylah Tec LLC filed 10/17/18; response in opposition filed 

11/2/18; reply filed 11/7/18.

Commission’s motion for summary judgment against defendants Vylah 

Tec LLC, Express Tech Help LLC, Tech Crew Support LLC, 

Angelo Cupo, and Robert Cupo filed 10/17/18; response in 

opposition filed 11/8/18; reply filed 11/15/18.

Order denying defendants Angelo J. Cupo, Robert Cupo, Express Tech 

Help LLC, Tech Crew Cupport LLC, and Vylah Tec LLC’s motion 

for partial summary judgment, granting in part and denying in part 

the Commission’s motion for summary judgment, and granting a 

permanent injunction against defendants Angelo Cupo and Robert 

Cupo entered 1/9/19.

Notice of appeal by defendants filed 1/25/19.

Order by district court vacating in part its order pertaining to the 

permanent injunctive relief entered against defendants Angelo 

Cupo and Robert Cupo and denying as moot motion to stay 

pending appeal entered 2/11/19.

Appellants’ motion to stay lower court proceedings filed 2/12/19. 

Commission’s opposition filed 2/15/19; order denying stay and 

remanding to allow district court to vacate its permanent injunction 

order entered 2/26/19.

Order by the district court vacating in part its order pertaining to the 

permanent injunctive relief entered against defendants Angelo and 

Robert Cupo entered 3/5/19.

Trial held 3/5/19-3/8/19.

Order dismissing appeal for lack of jurisdiction entered 5/6/19.

Final judgment with permanent injunction entered 6/7/19.

 

FTC v. WORLDWIDE EXECUTIVE JOB SEARCH SOLUTIONS, LLC, No. 4:19-cv-00495 

(S.D. Tex.)

Parties: Worldwide Executive Job Search Solutions, LLC d/b/a WWEJSS,

Seven Figure Careers, 7FigRecruiters, 7FC, Finnburg Switzer, 

ResumeterPro, Creating Job Opportunity, Confidential Jobs Only, 

CJOnly, and CJO Private Equity

PrivateEquityHeadhunters.com LLC, also d/b/a Private Equity 

Headhunters, PE Headhunters, and PEHHS.com, LLC

Craig N. Chrest

Assigned Attorneys: Ann D. LeJeune (SWR)

James R. Golder

Eric Nelson Roberson
68

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

the Telemarketing Sales Rule in connection with job placement and 

resume repair services.

Status: Complaint filed 2/13/19.

TRO entered 2/22/19.

Preliminary injunction entered 3/25/19.

CIVIL PENALTY AND ENFORCEMENT CASES*

(A)Consumer Protection

UNITED STATES v. BARTOLI, No. 6:19-cv-01160 (M.D. Fla.)

Parties: Derek Jason Bartoli a/k/a Derek Bartoli d/b/a Phoenix Innovative 

Solutions, LLC, Marketing Consultation Solutions LLC, and 

KimRain Marketing LLC.

Assigned Attorneys: Lacy Harwell (AUSA)

Rachel Baron (DOJ/CPB)

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the FTC’s Telemarketing 

Sales Rule in connection with the operation of autodialer to initiate illegal 

robocalls, calls to numbers on the Do-Not-Call registry, and calls with 

spoofed caller IDs.

Status: Complaint filed 6/21/19.

Stipulated permanent injunction and monetary relief entered 6/27/19.

FTC v. CHRISTIANO, No. 8:18-cv-00936 (C.D. Cal.)

Parties: James Christiano

NetDotSolutions, Inc.

TeraMESH Networks, Inc.

Andrew Salisbury

World Connection, LLC

World Connection USA, LLC

World Connection, SA

Assigned Attorneys: James Evans (BCP/MP)

 * Includes all suits in which civil penalties are sought; consumer redress, injunctions, and ancillary equitable relief 

may also be sought.
69

Ian Barlow

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the FTC’s Telemarketing 

Sales Rule in connection with defendants’ facilitating of robocalls, calls to 

phone numbers on the National Do-Not-Call Registry, calls with spoofed 

caller IDs, and abandoned calls.

Status: Complaint filed 5/31/2018.

Stipulated final order for permanent injunction and civil penalty judgment 

as to defendants Andrew Salisbury, World Connection LLC, 

World Connection, S.A. entered 9/18/18.

Stipulated final order for permanent injunction and civil penalty judgment 

as to defendants James Christiano, NetDot Solutions, Inc., and 

TerMESH Networks, Inc. entered 3/26/19.

Default judgment and final order for permanent injunction as to defendant 

World Connection USA, LLC, entered 4/1/19.

FTC v. DAY PACER LLC, No. 1:19-cv-01984 (N.D. Ill.)

Parties: Day Pacer LLC, f/k/a College Criteria LLC, d/b/a Edutrek, EdSoup,

Our School Search, College Info and Degree Spots

Edutrek L.L.C. d/b/a EdSoup

Raymond Fitzgerald

Ian Fitzgerald

David Cumming

Assigned Attorneys: Jason Schall (BCP/FP)

Leah Frazier

Patrick Roy

William Joseph Hodor

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 defendants’ 

telemarketing business.

Status: Complaint filed 3/22/19.

Status hearing held 6/10/19.

UNITED STATES v. DISH NETWORK LLC, No. 17-3111 (7th Cir.); 13-2282 (7th Cir.); 3:09-

CV-3073 (C.D. Ill.)

Parties: Dish Network L.L.C.

Assigned Attorneys: Russell Deitch (BCP/MP) 

Patrick Runkle (DOJ/CPB)

Lisa Hsiao
70

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 egistry.

Status: Complaint filed 3/25/09.

Defendant’s motion to dismiss filed 5/21/09; plaintiff’s response in 

 opposition filed 7/17/09; defendant’s reply filed 7/27/09; plaintiff’s 

 sur-reply filed 9/11/09.

Order denying motion to dismiss entered 11/2/09.

Defendant’s motion for reconsideration or interlocutory appeal filed 

 11/19/09; plaintiff’s response filed 12/22/09; order denying motion 

 entered 2/4/10.

Memorandum in opposition to motion/petition filed 5/21/10. 

Motion to compel 7/30/10; memorandum in opposition to motion 

8/16/10; memorandum in support of motion filed 9/24/10; order on 

motion to compel entered 12/9/10.

Appeal of magistrate judge decision to district court filed 12/29/10.

Defendants’ motion to stay action under doctrine of primary jurisdiction 

filed 12/21/10; opposition filed 1/12/11.

Order directing the parties to file an administrative complaint with 

the FCC, to obtain its interpretation of statutory language 

entered 2/4/11.

Order vacating magistrate’s decision denying Commission’s motion for 

 leave to file second amended complaint entered 3/12/13. 

 Amended complaint filed 3/12/13. 

Petition for writ of mandamus by Dish Network filed 6/12/13.

Order denying petition for mandamus entered 7/3/13. 

United States’ motion for summary judgment filed 12/23/13; opposition 

filed 3/6/14.

 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.

Stipulated order for permanent injunction and civil penalty judgment 

entered 6/5/17.
71

Defendant’s notice of appeal filed 10/6/17.

Appellant-defendant’s brief filed 2/22/18; United States’ brief filed 

6/22/18; reply brief filed 8/10/18.

Oral argument held 9/17/18.

FTC v. GOTRA, No. 1:18-cv-10548 (D. Mass.)

Parties: Jasjit Gotra

Alliance Security Inc. f/k/a Versatile Marketing Solutions, Inc. f/k/a VMS 

Alarms f/k/a VMS f/k/a Alliance Home Protection f/k/a AH 

Protection

Jessica Merrick a/k/a Jessica Bright a/k/a Jessica Dudlicek

Defend America LLC

Kevin Klink

Power Marketing Promotions LLC d/b/a J Tele Alarms

Assigned Attorneys: Danielle M. Estrada (BCP/MP)

Ian L. Barlow

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

FTC’s Telemarketing Sales Rule, and the Fair Credit Reporting Act in 

connection with the marketing and sale of home security systems and 

monthly alarm monitoring services.

Status: Complaint filed 3/22/18.

Consent motions to approve stipulated final orders for permanent 

injunctions and civil penalty judgments as to defendants Kevin 

Klink and Power Marketing Promotions LLC, and as to Jessica 

Merrick and Defend America LLC filed 3/22/2018.

Motion for preliminary injunction as to defendants Jasit Gotra and 

Alliance Security filed 3/23/18.

Defendant Jasit Gotra’s motion to dismiss filed 5/14/18; Commission’s 

opposition filed 5/24/18.

Stipulated final order for permanent injunction and civil penalty judgment 

as to defendants Power Marketing Promotions, Kevin Klink, 

Defend America, and Jessica Merrick entered 5/16/19.

Joint opposition by defendants Gotra and Alliance Security, Inc. to the 

Commission’s motion for preliminary injunction filed 6/3/19;

Commission’s reply filed 6/17/19.

UNITED STATES v. ISPRING WATER SYSTEMS, LLC, No. 1:19-cv-01620 (N.D. Ga.)

Parties: Ispring Water Systems, LLC

Zhuangyong Chen a/k/a John Chen

Pearl Cai a/k/a Yunzhu Cai
72

Assigned Attorneys: Julia Ensor (BCP/ENF)

Alleged Conduct: False, deceptive, or unsubstantiated U.S.-origin claims for imported

products in violation of an order previously issued by the Commission.

Status: Complaint filed 4/10/19.

Stipulated order for civil penalties, permanent injunction, and other relief 

entered 4/19/19.

UNITED STATES v. MEDIA MIX 365, LLC, No. 8:19-cv-01243 (C.D. Cal.)

Parties: Media Mix 365, LLC d/b/a Solar Research Group and Solar Nation

Nicolas Long

Nicole J. Long a/k/a Nicole Leonard a/k/a Nicole Leonard-Long

Assigned Attorneys: Rachel Baron (DOJ)

Barbara Chun (WRLA)

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the Telemarketing Sales 

Rule in connection with defendants’ harassing telemarketing calls and 

calls to numbers on the Do-Not-Call registry.

Status: Complaint filed 6/21/19.

Stipulation for order for permanent injunction and civil penalties filed 

6/21/19.

UNITED STATES v. MUSICAL.LY, No. 2:19-cv-01439 (C.D. Cal.)

Parties: Musical.Ly

Musical.Ly, Inc.

Assigned Attorneys: Kendrack Lewis (DOJ/CP)

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the Children’s Online 

Privacy Protection Rule in connection with the advertising, marketing, and 

distribution of mobile applications.

Status: Complaint filed 2/27/19.

Stipulated order for civil penalties, permanent injunction, and other relief

entered 3/27/19.

UNITED STATES v. UNIXIZ, INC., No. 5:19-cv-02222 (N.D. Cal.)

Parties: Unixiz, Inc. d/b/a i-Dressup.com

Zhijun Liu

Xichen Zhang
73

Assigned Attorneys: Kendrack Danquel Lewis (DOJ/CP)

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the Children’s Online 

Privacy Protection Rule in connection with the advertising, marketing, and 

distribution of online content and website activities.

Status: Complaint filed 4/24/19.

Stipulated order for civil penalties, permanent injunction, and other relief 

entered 5/2/19.

(B) Competition

UNITED STATES v. CANON INC., No. 1:19-cv-01680 (D.D.C.)

Parties: Canon Inc.

Toshiba Corporation

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 

Toshiba Medical Systems Corporation from Toshiba Corporation.

Status: Complaint filed 6/10/19.

UNITED STATES v. DOLAN, No. 1:18-cv-02858 (D.D.C.)

Parties: James L. Dolan

Assigned Attorneys: Kenneth A. 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 the Madison Square Garden Company.

Status: Complaint filed 12/6/18.

Order and final judgment entered 4/17/19.
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SUBPOENA AND CID ENFORCEMENT PROCEEDINGS

FTC v. FULLY ACCOUNTABLE, LLC, No. 5:19-mc-00021 (N.D. Ohio)

Parties: Fully Accountable, LLC

Sarah Scava

Assigned Attorneys: Burke W. Kappler (OGC)

Nature of Action: Petition to enforce CIDs seeking testimony.

Status: Petition filed 2/4/19.

Order to show cause entered 5/7/19.

Show cause hearing held 5/20/19.

Order compelling compliance with CIDs entered 5/28/19.

FTC v. FULLY ACCOUNTABLE, LLC, No. 5:18-mc-00054 (N.D. Ohio)

Parties: Fully Accountable, LLC

Assigned Attorneys: Burke W. Kappler (OGC)

Alleged Conduct: Petition to enforce a CID.

Status: Petition filed 6/8/18. 

Order to show cause entered 6/13/18.

Show cause hearing held 8/9/18. 

Order compelling compliance with CID entered 8/13/18.

Petition by Fully Accountable to overturn Commission’s denial of a 

petition to quash or limit CIDs seeking testimony filed 11/28/18; 

Commission’s opposition filed 2/4/19.

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION

AMERICAN FINANCIAL BENEFITS CENTER v. FTC, No. 18-16034 (9th Cir.); No. 4:17-

cv-4817 (N.D. Cal.)

Parties: American Financial Benefits Center

Ameritech Financial

Financial Education Benefits Center

Brandon Frere

Assigned Attorneys: Imad Abyad (OGC)
75

Roberta Tonelli (WRSF)

Sarah Schroeder

Evan Rose

Nature of Action: Action seeking a judicial declaration that the debt relief provision of the 

Telemarketing Sales Rule (TSR) will not apply to plaintiffs’ businesses or, 

alternatively, that plaintiffs are fully complying with the legal 

requirements outlined by the TSR.

Status: Complaint filed 8/18/17; amended complaint filed 11/2/17.

Commission’s motion to dismiss for lack of jurisdiction filed 10/20/17; 

motion to dismiss amended complaint filed 11/16/17; response in 

opposition to motion filed 11/30/17; reply to opposition filed 

12/7/17; order granting motion to dismiss entered 5/29/18.

Defendants’ notice of appeal filed 6/5/18.

Appellants’ opening brief filed 10/31/18; Commission’s answering brief 

filed 2/28/19; appellants’ reply brief filed 4/22/19.

CAUSE OF ACTION INSTITUTE v. FTC, No. 1:18-cv-00580 (D.D.C.)

Parties: Cause of Action Institute

Assigned Attorneys: Melanie Hendry (DOJ)

Alleged Conduct: Action under the Freedom of Information Act seeking access to agency 

records withheld by the Commission.

Status: Complaint filed 3/15/18.

Commission’s motion for summary judgment filed 6/21/19.

Order suspending briefing schedule pending potential settlement of issues 

entered 7/18/19.

COLE v. AICS, No. 1:18-cv-00011 (D. Alaska)

Parties: Stephen Cole

Alaska Island Community Services, Inc. (AICS) (Defendant)

Southeast Alaska Regional Health Consortium (Defendant)

U.S. Attorney’s Office (Alaska) (Defendant)

Department of Health and Human Services (Defendant)

Federal Trade Commission (Defendant)

Assigned Attorneys: Joel Marcus (OGC)

Nature of Action: Action seeking an order compelling the FTC to investigate a pharmacy 

program for anticompetitive action.
76

Status: Amended complaint adding FTC filed 5/9/19.

Plaintiff’s motion for order requiring FTC to initiate antitrust review of 

340B pharmacy program filed 5/9/19; denied 6/6/19.

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: Bradley Grossman (OGC)

Michele Arington

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.

Status: Complaint filed 3/24/17.

Amended complaint filed 5/2/17.

Commission’s motion to hold case in abeyance or, in the alternative, for 

an extension of time filed 5/16/17; opposition filed 5/30/17; 

motion to stay granted 6/13/17.

Commission’s motion dismiss filed 9/8/17; response in opposition filed 

10/5/17; Commission’s reply filed 10/27/17.

Motion hearing held 9/18/18.

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

Parties: John Doe

Jane Doe

Assigned Attorneys: Jeffrey Ray (AUSA)

Burke Kappler (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; 

order denying motion entered 9/11/17.

Commission’s motion for summary judgment filed 12/7/18; suggestions in 

opposition filed 2/13/19; Commission’s reply filed 2/27/19.
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ELECTRONIC PRIVACY INFORMATION CENTER v. FTC, No. 1:18-cv-00942 (D.D.C.)

Parties: Electronic Privacy Information Center

Assigned Attorneys: William Nebeker (DOJ)

Alleged Conduct: Action under the Freedom of Information Act for injunctive and other 

relief to secure the release of agency records.

Status: Complaint filed 4/20/18.

Joint status report filed 11/19/18.

Joint status report filed 3/7/19.

Joint status report filed 4/12/19.

Facebook’s motion to intervene filed 5/3/19; EPIC’s opposition filed 

6/14/19; Facebook’s reply due 7/12/19.

LOUISIANA REAL ESTATE APPRAISERS BOARD v. FTC, No. 3:19-cv-00214 (M.D. La.)

Parties: Louisiana Real Estate Appraisers Board

Assigned Attorneys: Mark Hegedus (OGC)

John J. Gaupp (DOJ)

Nature of Action: Action seeking declaratory judgment that the LREAB is exempt from 

antitrust laws under the state action doctrine. 

Status: Complaint filed 4/11/19.

Plaintiff’s motion to stay administrative proceedings pending judicial 

review and for expedited treatment filed 4/22/19; Commission’s 

opposition filed 5/13/19; plaintiff’s reply filed 5/17/19. 

Commission’s motion to dismiss filed 6/7/19; plaintiff’s opposition filed 

6/18/19; Commission’s reply filed 6/25/19.

SOUNDBOARD ASSOCIATION v. FTC, No.17-5093 (D.C. Cir.); No. 1:17-cv-00150 (D.D.C.)

Parties: Soundboard Association

Assigned Attorneys: Bradley Grossman (OGC)

Matthew Hoffman

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.
78

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.

Order granting summary judgment in favor of the Commission entered 

4/24/17.

Notice of appeal filed 4/27/17.

Appellant’s opening brief filed 6/28/17; Commission’s answering brief 

filed 7/28/17; appellant’s reply brief filed 8/11/17.

Oral argument held 11/6/17.

Opinion and order vacating district court’s decision and dismissing 

complaint, entered 4/27/18.

Appellant’s corrected petition for rehearing en banc filed 6/8/18; 

Commission’s response filed 7/16/18; per curiam order denying 

petition entered 8/3/18.

Petition for certiorari filed 11/30/18; Commission’s opposition filed 

2/6/19; petitioner’s reply filed 2/21/19.

Order denying petition for certiorari entered 4/15/19.

RICHARD ZEITLIN v. FTC, No. 2:19-cv-00698 (D. Nev.)

Parties: Richard Zeitlin 

Unified Data Services, LLC

Compliance Consultants, LLC

American Technology Services, LLC

Assigned Attorneys: Bradley Grossman (OGC)

Brian W. Irvin (DOJ)

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 4/24/19.

Commission’s motion to dismiss filed 6/28/19.

AMICUS CURIAE BRIEFS or PARTIAL INTERVENTIONS

APPLE INC. v. ROBERT PEPPER, No. 17-204 (S. Ct.)

Assigned Attorney: Michael Bergman (OGC)

Mark Hegedus

Nature of Action: Private action raising question whether indirect purchasers of app 
79

distribution services that Apple provided directly to app developers have 

standing to sue for damages under Section 4 of the Clayton Act.

Status: Brief for the United States as amicus curiae supporting petition for 

certiorari filed 5/8/18.

Petition for writ of cert granted 6/18/18. 

Brief of petitioner Apple Inc. filed 8/10/18.

Brief of United States as amicus curiae filed 8/17/18.

Brief of respondents Robert Pepper, et al. filed 9/24/18.

Reply of petitioner Apple Inc. filed 10/29/18.

Oral argument held 11/26/18.

Opinion holding that the iPhone owners are direct purchasers who may 

sue Apple for alleged monopolization entered 5/13/19.

INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL CORP., No. 18-1367 

(Fed. Cir.)

Assigned Attorney: Mark Hegedus (OGC)

John Dubiansky (OPP)

Nature of Action: Private action alleging patent infringement claims and antitrust 

counterclaims, raising question of Noerr-Pennington doctrine’s 

application to allegedly anticompetitive conduct that includes patentlitigation activity. 

Status: Corrected brief of the Justice Department and the Commission as amici 

curiae filed in support of in support of neither party filed 5/11/18.

Corrected brief for appellants filed 7/19/18.

Brief for appellees filed 8/28/18.

Reply for appellants filed 9/25/18.

Motion of the United States for leave to participate in oral argument filed 

10/22/18; order granting the motion entered 4/24/19.

Oral argument held 6/3/19.

IN RE PAPLAUSKAS, JR., No. SU-2018-161-M.P (S. Ct. R.I.) 

Assigned Attorneys: Joel Marcus (OGC)

Nature of Action: Action raising the question of whether a non-attorney notary public 

engaged in the unauthorized practice of law while participating in a real 

estate closing. 

Status: Brief for the United States and the Commission as amicus curiae 

supporting respondent filed 9/17/18.
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TAKEDA PHARMACEUTICAL COMPANY LTD. v. ZYDUS PHARMACEUTICALS (USA) 

INC., No. 3:18-cv-1994 (D.N.J.)

Assigned Attorney: Kara Monahan (BC/HC)

Nature of Action: Action alleging patent infringement and counterclaims alleging patentinfringement lawsuit is a sham, and raising issue about the application of 

the Noerr-Pennington doctrine in the pharmaceutical industry.

Status: Commission’s motion for leave to file an amicus brief filed 6/6/18.

Stipulation and proposed order of partial dismissal filed 7/25/18; order 

granting stipulation entered 7/26/18.

Order denying as moot the Commission’s motion for leave to file an 

amicus brief entered 1/28/19.