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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Federal Trade Commission; all Fifty 

States; and the District of Columbia;

Plaintiffs,

vs.

Cancer Fund of America, Inc., a Delaware 

corporation, et al.;

 Defendants. 

CASE NO.

STIPULATED ORDER FOR 

PERMANENT INJUNCTION AND 

MONETARY JUDGMENT AGAINST 

CHILDREN’S CANCER FUND OF 

AMERICA, INC., AND ROSE 

PERKINS

Plaintiffs, the Federal Trade Commission (“FTC” or “Commission”) and the states 

of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, 

Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, 

Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, 

Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North 

Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South 

Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West 

Virginia, Wisconsin, Wyoming, and the District of Columbia have filed a complaint for a 

permanent injunction and other equitable relief against Defendants Cancer Fund of 

America, Inc., also d/b/a Breast Cancer Financial Assistance Fund (“CFA”), Cancer 

Support Services, Inc. (“CSS”), Children’s Cancer Fund of America, Inc. (“CCFOA”),

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

(“BCS”), Rose Perkins, and other individuals, alleging that all named Defendants 

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violated, among other statutes, the Federal Trade Commission Act, 15 U.S.C. § 45, the 

Telemarketing and Consumer Fraud and Abuse Prevention Act (“Telemarketing Act”), 

15 U.S.C. §§ 6101-6108, and the Unfair and Deceptive Acts and Practices and Charitable 

Solicitation laws of the Plaintiff States. Plaintiffs and Defendants Children’s Cancer 

Fund of America, Inc., and Rose Perkins stipulate to the entry of this Stipulated Order for 

Permanent Injunction and Monetary Judgment Against Children’s Cancer Fund of 

America, Inc. and Rose Perkins (“Order”). Plaintiffs and Defendant Children’s Cancer 

Fund of America, Inc. also stipulate to the entry of a separate and concurrently filed

Stipulated Order Appointing Receiver Over Children’s Cancer Fund of America, Inc.

Together, this Order and the CCFOA Receivership Order resolve all matters in dispute in 

this action between Plaintiffs and Defendants Children’s Cancer Fund of America, Inc.

and Rose Perkins.

THEREFORE, IT IS ORDERED as follows:

FINDINGS

1. This Court has jurisdiction over this matter.

2. Venue is proper in the District of Arizona.

3. The Complaint charges that Defendants CCFOA and Perkins, among 

others, engaged in deceptive acts or practices by making false and misleading claims in 

charitable solicitations in violation of Section 5 of the FTC Act, 15 U.S.C. § 45, the 

Telemarketing Sales Rule (“TSR”), 16 C.F.R. Part 310, and the following state statutes 

regulating charitable solicitations and prohibiting deceptive and/or unfair trade practices:

Alabama: ALA. CODE §§ 8-19-1 through -15; and 13A-9-70 through 76.

Alaska: ALASKA STAT. §§ 45.50.471 through 45.50.561; and 45.68.010 

through 45.68.900.

Arizona: ARIZ. REV. STAT. ANN. §§ 44-1521 through 44-1534 and 44-6551 

through 44-6561. 

Arkansas: ARK. CODE ANN. §§ 4-28-401 through 4-28-416; and §§ 4-88-101

through 4-88-115.

California: CAL. GOV. CODE §§ 12580 through 12599.6; CAL. BUS. & PROF.

CODE §§ 17200 through 17206; and §§ 17510 through 17510.95.

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Colorado: COLO. REV. STAT. §§ 6-1-101through 115; and 6-16-101 through 114.

Connecticut: CONN. GEN. STAT. §§ 21a-175 through 21a-190l; and 42-110a 

through 42-110q.

Delaware: DEL. CODE ANN. tit. 6, § 2513(a) (1998); tit. 6, § 2532(a) (1995); and

tit. 6, §§ 2595(a) – (b) (1995).

Florida: FLA. STAT. ch. 501, Part II; and ch. 496 (2013).

Georgia: GA. CODE ANN. §§ 43-17-1 through 43-17-23 (2011).

Hawaii: HAW. REV. STAT. §§ 467B-9.6, 467B-9.7(d), and 467B-10.5; 480-15;

and Act 217 §2 Haw. Sess. Laws (2014).

Idaho: IDAHO CODE ANN. §§ 48-601 through 619; and 48-1201 through 

1206.

Illinois: 225 ILL. COMP. STAT. §§ 460/0.01 through 460/23.

Indiana: IND. CODE §§ 24-5-0.5-1 through -12. 

Iowa: IOWA CODE § 714.16. 

Kansas: KAN. STAT. ANN. §§ 17-1759 through 17-1776.

Kentucky: KY. REV. STAT. ANN. §§ 367.110 through 367.300.

Louisiana: LA. REV. STAT. ANN. §§ 51:1401 through 1427; and 51:1901 through 

1909.1.

Maine: ME. REV. STAT. ANN. tit. 5, §§ 205-A through 214.

Maryland: MD. CODE ANN., BUS. REG. §§ 6-101through 6-701 (2010).

Massachusetts: MASS. GEN. LAWS ch. 12 §§ 8 through 8M, 10; ch. 68 §§ 18 through 

35; and ch. 93A §§ 1 through 11.

Michigan: MICH. COMP. LAWS §§ 400.271 through 400.294.

Minnesota: MINN. STAT. ch. 309.

Mississippi: MISS. CODE ANN. §§ 79-11-501 through 79-11-529.

Missouri: MO. REV. STAT. ch. 407.

Montana: MONT. CODE ANN. § 30-14-103.

Nebraska: NEB. REV. STAT. §§ 21-1901 through 21-19,177; 59-1601 through 

59-1622; and 87-301 through 87-306.

Nevada: NEV. REV. STAT. §§ 598.1305, 598.0915(15), 598.096, 598.0963, and

598.097.

New 

Hampshire:

N.H. REV. STAT. ANN. §§ 7:19; 7:20; 7:21; 7:24; 7:28; 7:28-c; 7:28-f; 

and 641:8.

New Jersey: N.J. STAT. ANN. §§ 45:17A-18 through 45:17A-32(c); 56:8-1 

through 56:8-20; and N.J. ADMIN. CODE §§ 13:48-1.1 through 13:48-

15.1.

New Mexico: N.M. STAT. §§ 57-12-1through 57-12-22; and §§ 57-22-1through 57-

22-11 (1978).

New York: N.Y. EXEC. LAW §§ 63 (12); 171-a through 175; and N.Y. GEN. BUS.

LAW § 349.

North Carolina: N.C. GEN. STAT. ANN. §§ 75-1.1; and 131F.

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North Dakota: N.D. CENT. CODE §§ 50-22-01 through 50-22-07; and 51-15-01 

through 51-15-11.

Ohio: OHIO REV. CODE ANN. § 1716.

Oklahoma: OKLA. STAT. ANN. tit. 18 §§ 552.1 through 552.22.

Oregon: OR. REV. STAT. §§ 128.886; and 646.605 through 646.636.

Pennsylvania: 10 PA. STAT. ANN. §§ 162.1 through .14 (1990).

Rhode Island: R.I. GEN. LAWS §§ 5-53.1-1 through 5-53.1-18.

South Carolina: S.C. CODE ANN. §§ 33-56-10 through 33-56-200.

South Dakota: S.D. CODIFIED LAWS §§ 37-30-17 through 37-30-21; and 21-34-1 

through 21-34-14.

Tennessee: TENN. CODE ANN. §§ 48-101-501 through 48-101-522.

Texas: TEX. BUS. & COM. CODE ANN. §§17.41 through 17.63.

Utah: UTAH CODE ANN. §§ 13-11-1 through 13-11-23; 13-22-1 through 13-

22-23; and 13-26-1 through 13-26-11.

Vermont: VT. STAT. ANN. tit. 9 §§ 2453 through 2461; and 2471 through 2479.

Virginia: VA. CODE ANN. §§ 57-48 through 57-69.

Washington: WASH. REV. CODE §§ 19.86; and §19.09.

West Virginia: W.VA. CODE §§ 29-19-1 -15b; and 46A-1-101through 46a-6-110.

Wisconsin: WIS. STAT. §§ 202.11-202.18.

Wyoming: WYO. STAT. ANN. §§ 40-12-101 through 114.

4. Defendants CCFOA and Perkins neither admit nor deny any of the 

allegations in the Complaint, except as specifically stated in this Order. Only for 

purposes of this action, Defendants admit the facts necessary to establish jurisdiction.

5. Defendants CCFOA and Perkins waive any claim that they may have under 

the Equal Access to Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this 

action through the date of this Order, and agree to bear their own costs and attorney fees.

6. Defendants CCFOA and Perkins waive all rights to appeal or otherwise 

challenge or contest the validity of this Order.

7. Entry of this Order is in the public interest.

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DEFINITIONS

For purposes of this Order, the following definitions shall apply:

1. “Defendants” means the individual defendant Rose Perkins and the 

corporate defendant Children’s Cancer Fund of America, Inc., individually, collectively, 

or in any combination.

2. “CCFOA” means Children’s Cancer Fund of America, Inc., and its

successors and assigns.

3. “Perkins” means individual defendant Rose Perkins.

4. “CCFOA Receivership Order” means the “Stipulated Order Appointing 

Receiver Over Children’s Cancer Fund of America, Inc.”

5. “CCFOA Receiver” means the receiver appointed by the CCFOA 

Receivership Order.

6. “Person” means a natural person, an organization or other legal entity, 

including a corporation, partnership, sole proprietorship, limited liability company, 

association, cooperative, or any other group or combination acting as an entity.

7. “Charitable contribution” means any donation or gift of money or any other 

thing of value.

8. “Donor” or “consumer” means any person solicited to make a charitable 

contribution.

9. “Fundraising” means a plan, program, or campaign that is conducted to 

induce charitable contributions by mail, telephone, electronic mail, social media, or any 

other means. 

10. “Nonprofit organization” means any person that is, or is represented to be, a 

nonprofit entity, or that has, or is represented to have, a charitable purpose, specifically 

including but not limited to any such entity that purports to benefit, either in whole or in 

part, individuals who suffer or have suffered from cancer.

11. “Plaintiff States” means the states of Alabama, Alaska, Arizona, Arkansas, 

California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, 

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Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, 

Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New 

Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, 

Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, 

Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, 

Wyoming, and the District of Columbia.

12. “Solicitor” means any person who solicits a charitable contribution.

13. “Telemarketing” means a plan, program, or campaign that is conducted to 

induce the purchase of goods or services or a charitable contribution, by use of one or 

more telephones and that involves a telephone call, whether or not covered by the 

Telemarketing Sales Rule.

14. “And” and “or” shall be construed both conjunctively and disjunctively to 

make the applicable sentence or phrase inclusive rather than exclusive.

ORDER

I. CORPORATE DISSOLUTION

IT IS FURTHER ORDERED that, pursuant to the CCFOA Receivership Order of 

which CCFOA has consented to entry, the CCFOA Receiver shall take the steps 

necessary to cause CCFOA to be dissolved and to cease to exist as a corporate entity.

II. PROHIBITIONS RELATED TO THE SOLICITATION AND CONTROL 

OF CHARITABLE ASSETS 

IT IS FURTHER ORDERED that Perkins is permanently restrained and enjoined

from engaging in the following activities individually or in concert with other persons or 

entities, directly or indirectly:

A. Receiving any payment or other financial benefit for: (1) participating or 

assisting in the solicitation of charitable contributions, directly or indirectly, including by 

advising, acting as an independent contractor or as a fundraising consultant, supplying 

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contact or donor lists, or providing caging, mail processing, or fulfillment services, or 

(2) controlling, directly or indirectly, or holding a majority ownership interest in, any 

entity engaged in the business of fundraising; and

B. Establishing, operating, controlling, or managing any nonprofit 

organization or other entity that holds charitable assets, or any program thereof, directly 

or indirectly, whether compensated or not, including by serving as a founder, 

incorporator, officer, director, trustee, chief executive, manager, supervisor, or other 

fiduciary; and

C. Managing, controlling, directing, distributing, or accounting for the use or 

application of any charitable asset, or participating or assisting in managing, controlling, 

directing, distributing, or accounting for the use or application of any charitable asset, 

directly or indirectly, whether compensated or not, including by acting as an independent 

contractor, advisor, or consultant;

D. Provided that, subject to the limitations of subsections II.A - C above, 

Perkins may be employed by or volunteer for any nonprofit organization in any capacity 

not prohibited by the above, such as working in any non-supervisory role unrelated to the 

solicitation, management, custody, control, or distribution of any charitable asset.

III. PROHIBITION ON MISREPRESENTATIONS

IT IS FURTHER ORDERED that Perkins, CCFOA, its officers, agents, 

employees, and independent contractors, and all other persons in active concert or 

participation with them who receive actual notice of this Order, whether acting directly or 

indirectly, are hereby permanently restrained and enjoined from making material 

misrepresentations in connection with the sale of consumer goods or services.

IV. TELEMARKETING SALES RULE COMPLIANCE

IT IS FURTHER ORDERED that Perkins, CCFOA, its officers, agents,

employees, and independent contractors, and all other persons in active concert or 

participation with them who receive actual notice of this Order, whether acting directly or 

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indirectly, are hereby permanently restrained and enjoined from violating, or assisting 

others in violating, any provision of the TSR, 16 C.F.R. Part 310, as currently 

promulgated or as it hereafter may be amended.

V. COMPLIANCE WITH STATE LAW

IT IS FURTHER ORDERED that CCFOA, its officers, agents, employees, and 

independent contractors, and Perkins, whether acting directly or indirectly, are hereby 

permanently restrained and enjoined from violating, or assisting others in violating, any 

provision of the following state laws:

Alabama: ALA. CODE §§ 8-19-1 through -15; and 13A-9-70 through 76.

Alaska: ALASKA STAT. §§ 45.50.471 through 45.50.561; and 45.68.010 

through 45.68.900.

Arizona: ARIZ. REV. STAT. ANN. §§ 44-1521 through 44-1534 and 44-6551 

through 44-6561. 

Arkansas: ARK. CODE ANN. §§ 4-28-401 through 4-28-416; and §§ 4-88-101

through 4-88-115.

California: CAL. GOV. CODE §§ 12580 through 12599.6; CAL. BUS. & PROF.

CODE §§ 17200 through 17206; and §§ 17510 through 17510.95.

Colorado: COLO. REV. STAT. §§ 6-1-101through 115; and 6-16-101 through

114.

Connecticut: CONN. GEN. STAT. §§ 21a-175 through 21a-190l; and 42-110a 

through 42-110q.

Delaware: DEL. CODE ANN. tit. 6, § 2513(a) (1998); tit. 6, § 2532(a) (1995); and

tit. 6, §§ 2595(a) – (b) (1995).

Florida: FLA. STAT. ch. 501, Part II; and ch. 496 (2013).

Georgia: GA. CODE ANN. §§ 43-17-1 through 43-17-23 (2011).

Hawaii: HAW. REV. STAT. §§ 467B-9.6, 467B-9.7(d), and 467B-10.5; 480-15;

and Act 217 §2 Haw. Sess. Laws (2014).

Idaho: IDAHO CODE ANN. §§ 48-601 through 619; and 48-1201 through 

1206.

Illinois: 225 ILL. COMP. STAT. §§ 460/0.01 through 460/23.

Indiana: IND. CODE §§ 24-5-0.5-1 through -12.

Iowa: IOWA CODE § 714.16. 

Kansas: KAN. STAT. ANN. §§ 17-1759 through 17-1776.

Kentucky: KY. REV. STAT. ANN. §§ 367.110 through 367.300.

Louisiana: LA. REV. STAT. ANN. §§ 51:1401 through 1427; and 51:1901 through 

1909.1.

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Maine: ME. REV. STAT. ANN. tit. 5, §§ 205-A through 214.

Maryland: MD. CODE ANN., BUS. REG. §§ 6-101through 6-701 (2010).

Massachusetts: MASS. GEN. LAWS ch. 12 §§ 8 through 8M, 10; ch. 68 §§ 18 through 

35; and ch. 93A §§ 1 through 11.

Michigan: MICH. COMP. LAWS §§ 400.271 through 400.294.

Minnesota: MINN. STAT. ch. 309.

Mississippi: MISS. CODE ANN. §§ 79-11-501 through 79-11-529.

Missouri: MO. REV. STAT. ch. 407.

Montana: MONT. CODE ANN. § 30-14-103.

Nebraska: NEB. REV. STAT. §§ 21-1901 through 21-19,177; 59-1601 through 

59-1622; and 87-301 through 87-306.

Nevada: NEV. REV. STAT. §§ 598.1305, 598.0915(15), 598.096, 598.0963, and

598.097.

New 

Hampshire:

N.H. REV. STAT. ANN. §§ 7:19; 7:20; 7:21; 7:24; 7:28; 7:28-c; 7:28-f; 

and 641:8.

New Jersey: N.J. STAT. ANN. §§ 45:17A-18 through 45:17A-32(c); 56:8-1 

through 56:8-20; and N.J. ADMIN. CODE §§ 13:48-1.1 through 13:48-

15.1.

New Mexico: N.M. STAT. §§ 57-12-1through 57-12-22; and §§ 57-22-1through 57-

22-11 (1978).

New York: N.Y. EXEC. LAW §§ 63 (12); 171-a through 175; and N.Y. GEN. BUS.

LAW § 349.

North Carolina: N.C. GEN. STAT. ANN. §§ 75-1.1; and 131F.

North Dakota: N.D. CENT. CODE §§ 50-22-01 through 50-22-07; and 51-15-01 

through 51-15-11.

Ohio: OHIO REV. CODE ANN. § 1716.

Oklahoma: OKLA. STAT. ANN. tit. 18 §§ 552.1 through 552.22.

Oregon: OR. REV. STAT. §§ 128.886; and 646.605 through 646.636.

Pennsylvania: 10 PA. STAT. ANN. §§ 162.1 through .14 (1990).

Rhode Island: R.I. GEN. LAWS §§ 5-53.1-1 through 5-53.1-18.

South Carolina: S.C. CODE ANN. §§ 33-56-10 through 33-56-200.

South Dakota: S.D. CODIFIED LAWS §§ 37-30-17 through 37-30-21; and 21-34-1 

through 21-34-14.

Tennessee: TENN. CODE ANN. §§ 48-101-501 through 48-101-522.

Texas: TEX. BUS. & COM. CODE ANN. §§17.41 through 17.63.

Utah: UTAH CODE ANN. §§ 13-11-1 through 13-11-23; 13-22-1 through 13-

22-23; and 13-26-1 through 13-26-11.

Vermont: VT. STAT. ANN. tit. 9 §§ 2453 through 2461; and 2471 through 

2479.

Virginia: VA. CODE ANN. §§ 57-48 through 57-69.

Washington: WASH. REV. CODE §§ 19.86; and §19.09.

West Virginia: W.VA. CODE §§ 29-19-1 -15b; and 46A-1-101through 46a-6-110.

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Wisconsin: WIS. STAT. §§ 202.11-202.18.

Wyoming: WYO. STAT. ANN. §§ 40-12-101 through 114.

VI. COOPERATION

IT IS FURTHER ORDERED that CCFOA and Perkins must cooperate fully with 

Plaintiffs’ representatives in this case and in any investigation related to or associated 

with the transactions or the occurrences that are the subject of the Complaint. CCFOA 

and Perkins must provide truthful and complete information, evidence, and testimony. 

Perkins must appear, and CCFOA must cause its officers, employees, representatives, or 

agents to appear for interviews, discovery, hearings, trials, and any other proceedings that 

any Plaintiff’s representative may reasonably request upon five days written notice, or 

other reasonable notice, at such places and times as any Plaintiff’s representative may 

designate, without the service of a subpoena.

VII. MONETARY JUDGMENT

IT IS FURTHER ORDERED that judgment is hereby entered against Defendants 

as follows:

A. Judgment in the amount of thirty million, seventy-nine thousand, eight 

hundred twenty-one dollars ($30,079,821) is entered in favor of Plaintiffs against 

CCFOA and Perkins, jointly and severally, as equitable monetary relief;

B. Payments by CCFOA:

1. In partial satisfaction of this judgment, the CCFOA Receiver shall

take the necessary steps to wind down the affairs of CCFOA and liquidate its assets in the 

manner set forth in the CCFOA Receivership Order, and deposit all net assets to the short 

term court ordered trust fund (hereinafter “STCO Fund”) described in Section VIII.E, 

below;

2. Payments made by the CCFOA Receiver to the STCO Fund on 

behalf of CCFOA shall be credited toward satisfaction of the judgment against CCFOA;

C. Payments by Perkins:

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1. The judgment shall be suspended as to Perkins, subject to 

Subsections VII.C.2 - 3, below. Plaintiffs’ agreement to the suspension of the judgment 

owed by Perkins is expressly premised upon the truthfulness, accuracy, and completeness 

of Perkins’ sworn financial statements and related documents submitted to Plaintiffs, 

namely, the Financial Statement of Individual, signed on March 16, 2015, including 

attachments;

2. The suspension of the judgment will be lifted as to Perkins if, upon 

motion by any Plaintiff, the Court finds that Perkins failed to disclose any material asset, 

materially misstated the value of any asset, or made any other material misstatement or 

omission in the representations made in her Financial Statement, identified above. If the 

suspension of the judgment is lifted pursuant to this provision, the judgment becomes 

immediately due in the amount specified in Subsection VII.A above as to Perkins (which 

the Parties stipulate for purposes only of this Section represents the consumer injury 

alleged in the Complaint for which Perkins is jointly and severally liable with CCFOA), 

less any payment previously made pursuant to this Section, plus interest computed from 

the date of entry of this Order.

3. The suspension of the judgment will be lifted as to Perkins if, upon 

motion by any Plaintiff State, the Court finds that Perkins has violated any provision of 

Section II, above, and a judgment in the amount set forth in Subsection VII.A above, less 

any prior payments by Perkins or CCFOA, becomes immediately due as to Perkins. The 

judgment amount shall be payable to the moving Plaintiff State, which shall use any 

money collected pursuant to the requirements of Section VIII.E.2, below.

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VIII. ADDITIONAL MONETARY PROVISIONS

IT IS FURTHER ORDERED that: 

A. CCFOA and Perkins relinquish dominion and all legal and equitable right, 

title, and interest in all assets transferred pursuant to this Order and the CCFOA 

Receivership Order, and may not seek the return of any assets;

B. The facts alleged in the Complaint will be taken as true, without further 

proof, in any subsequent civil litigation by or on behalf of the Plaintiffs or the CCFOA 

Receiver, including in a proceeding to enforce their rights to any payment or monetary 

judgment pursuant to this Order, such as a nondischargeability complaint in any 

bankruptcy case;

C. The facts alleged in the Complaint establish all elements necessary to 

sustain an action by Plaintiffs pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 

11 U.S.C. § 523(a)(2)(A), and this Order will have collateral estoppel effect for such 

purposes;

D. CCFOA and Perkins acknowledge that their Taxpayer Identification 

Numbers, Social Security Numbers and/or Employer Identification Numbers, which 

Defendants previously submitted to Plaintiffs, may be used for collecting and reporting 

on any delinquent amount arising out of this Order, in accordance with 31 U.S.C. § 7701;

E. Payment to the Plaintiff States:

1. All money paid to the Plaintiff States pursuant to this Order shall be 

made by wire transfer to the Litigation Deposits Trust Fund (Fund Code “T-xx-909N”), 

an interest bearing trust fund held by the Hawaii Attorney General’s Office in trust for 

the Plaintiff States (“the short-term court ordered trust fund” or “STCO Fund”);

2. The STCO Fund shall be used to pay: (a) pursuant to cy pres, 

qualifying charitable organizations with charitable purposes substantially similar to the 

purposes for which CCFOA solicited funds, and (b) the Plaintiff States to reimburse costs 

of the investigation and to pay attorneys’ fees. When payment(s) from the STCO Fund 

are appropriate, the Plaintiff States shall submit to this Court a Motion and Proposed 

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Order recommending cy pres recipients and the amounts to be paid to such recipients 

and/or the amounts to be paid to reimburse the Plaintiff States for their costs and 

attorneys’ fees. The Hawaii Attorney General shall distribute monies from the STCO 

Fund only as authorized and directed by this Court. CCFOA and Perkins have no right to 

challenge any recommendations regarding monetary distributions made by the Plaintiff 

States.

IX. ORDER ACKNOWLEDGMENTS

IT IS FURTHER ORDERED that Perkins provide acknowledgment of receipt of 

this Order:

A. Perkins, within seven days of entry of this Order, must submit to Plaintiff 

Federal Trade Commission an acknowledgment of receipt of this Order sworn under 

penalty of perjury;

B. For five years after entry of this Order, Perkins, for any business that she, 

individually or collectively with any other Defendant named in this matter, is the majority 

owner or controls directly or indirectly, must deliver a copy of this Order to: (1) all 

principals, officers, directors, and LLC managers and members; (2) all employees, 

agents, and representatives who participate in conduct related to the subject matter of this 

Order; and (3) any business entity resulting from any change in structure as set forth in 

Section X below. Delivery must occur within seven days of entry of this Order for 

current personnel. For all others, delivery must occur before they assume their 

responsibilities; and

C. From each individual or entity to which Perkins delivered a copy of this 

Order, Perkins must obtain, within 30 days, a signed and dated acknowledgment of 

receipt of this Order.

X. COMPLIANCE REPORTING

IT IS FURTHER ORDERED that Perkins make timely submissions to Plaintiff 

Federal Trade Commission.

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A. One year after entry of this Order, Perkins must submit a compliance 

report, sworn under penalty of perjury. Perkins must:

1. identify all her telephone numbers and all physical, postal, email and 

Internet addresses, including all residences; 

2. identify all her business activities, including any business for which 

she performs services whether as an employee or otherwise and any entity in which she

has any ownership interest; 

3. describe in detail her involvement in each such business, including 

title, role, responsibilities, participation, authority, control, and any ownership;

4. identify all such businesses by all of their names, telephone 

numbers, and physical, postal, email, and Internet addresses; 

5. describe the activities of each business, including the goods and 

services offered, the means of advertising, marketing, sales, methods of payment, and the 

involvement of any other Defendant named in this matter (which Perkins must describe if 

she knows or should know due to her own involvement); 

6. identify the primary physical, postal, and email address and 

telephone number, as designated points of contact, which Plaintiffs or their 

representatives may use to communicate with her; 

7. for all her activities with any nonprofit organization that Perkins 

undertakes in connection with Section II.D of this Order:

a. identify all such nonprofit organizations by all of their names,

telephone number[s], and physical, postal, email, and Internet addresses; and

b. describe in detail her involvement in each such nonprofit 

organization, including any title, role, responsibilities, participation, authority, and 

control;

8. describe in detail whether and how Perkins is in compliance with 

each Section of this Order; and

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9. provide a copy of each Order Acknowledgment obtained pursuant 

to this Order, unless previously submitted to Plaintiff Federal Trade Commission.

B. For ten years after entry of this Order, Perkins must submit a compliance 

notice, sworn under penalty of perjury, within 14 days of any change in the following:

1. Perkins must report any change in: (a) any designated point of 

contact; or (b) the structure of any entity that she has any ownership interest in or controls 

directly or indirectly that may affect compliance obligations arising under this Order, 

including: creation, merger, sale, or dissolution of the entity or any subsidiary, parent, or 

affiliate that engages in any acts or practices subject to this Order.

2. Perkins must report any change in: (a) name, including aliases or 

fictitious names, or residence address; or (b) title or role in any business activity, 

including any business for which she performs services, whether as an employee or 

otherwise, and any entity in which she has any ownership interest or controls, directly or 

indirectly, and identify the name, physical address, and any Internet address of the 

business or entity.

3. If Perkins is employed by any nonprofit organization in any capacity 

permitted by Section II.D of this Order or otherwise, she must report any change in title 

or role with that nonprofit organization.

C. Perkins must submit notice of the filing of any bankruptcy petition, 

insolvency proceeding, or similar proceeding by or against her within 14 days of its 

filing.

D. Any submission required by this Order to be sworn under penalty of perjury 

must be true and accurate and comply with 28 U.S.C. § 1746, such as by concluding: “I 

declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. Executed on [date] at [location]” and supplying the date, 

location, signatory’s full name, title (if applicable), and signature.

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E. Unless otherwise directed by a Commission representative in writing, all 

submissions to Plaintiff Federal Trade Commission pursuant to this Order must be 

emailed to DEbrief@ftc.gov or sent by overnight courier (not the U.S. Postal Service) to:

Associate Director for Enforcement,

Bureau of Consumer Protection,

Federal Trade Commission,

600 Pennsylvania Avenue NW,

Washington, DC 20580

The subject line of each submission must begin: FTC v. Cancer Fund of America, et al.

XI. RECORDKEEPING

IT IS FURTHER ORDERED that Perkins must create certain records for ten years 

after entry of this Order, and retain each such record for five years. Specifically, for any

business that she, individually or collectively with any other Defendant named in this 

matter, is a majority owner or controls directly or indirectly, she must create and retain 

the following records:

A. Accounting records showing revenues from all goods or services sold or 

billed; 

B. Personnel records showing, for each person providing services, whether as 

an employee or otherwise, that person’s name; address; telephone number; job title or 

position; dates of service; and reason for termination (if applicable); 

C. Records of all consumer complaints, whether received directly or indirectly, 

such as through a third party, and any response; 

D. All records necessary to demonstrate full compliance with each provision 

of this Order, including all submissions to Plaintiff Federal Trade Commission; and

E. A copy of each unique advertisement or other marketing material. 

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XII. COMPLIANCE MONITORING

IT IS FURTHER ORDERED that, for purposes of monitoring Perkins’

compliance with this Order, including the accuracy of the financial representations upon 

which the judgment was suspended: 

A. Within 14 days of receipt of a written request from a representative of any 

Plaintiff, Perkins must submit additional compliance reports or other requested 

information, which must be sworn under penalty of perjury; appear for depositions; and 

produce documents for inspection and copying. Plaintiffs are also authorized to obtain 

discovery, without further leave of court, using any of the procedures prescribed by 

Federal Rules of Civil Procedure 29, 30 (including telephonic depositions), 31, 33, 34, 

36, 45, and 69. 

B. For matters concerning this Order, Plaintiffs are authorized to communicate 

directly with Perkins. Perkins must permit representatives of any Plaintiff to interview 

any employee or other person affiliated with her who has agreed to such an interview. 

The person interviewed may have counsel present.

C. Plaintiffs may use all other lawful means, including posing, through their

representatives, as consumers, suppliers, or other individuals or entities, to Perkins or any 

individual or entity affiliated with her, without the necessity of identification or prior 

notice. Nothing in this Order limits Plaintiff Federal Trade Commission’s lawful use of 

compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b1, or the Plaintiff States’ lawful use of relevant state laws governing pre-suit investigation 

and discovery.

D. Upon written request from a representative of the Commission or any 

Plaintiff state, any consumer reporting agency must furnish a consumer report concerning 

Perkins pursuant to Section 604(1) of the Fair Credit Reporting Act, 15 U.S.C. 

§1681b(a)(1).

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XIII. RETENTION OF JURISDICTION

IT IS FURTHER ORDERED that that this Court retains jurisdiction of this matter 

for purposes of construction, modification, and enforcement of this Order.

XIV. STATE COURT ENFORCEMENT

Without limiting the above provisions, CCFOA and Perkins agree that the 

provisions of Sections II, III, and V of this Order may be enforced by any Plaintiff State

in a court of general jurisdiction in that Plaintiff’s state if that Plaintiff state has reason to 

believe that persons in its state have been affected, and Defendants CCFOA and Perkins

consent to any such court’s jurisdiction for purposes of enforcing the terms of Sections II,

III, and V of this Order.

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