QUARTERLY FEDERAL COURT

LITIGATION STATUS REPORT

Office of the General Counsel

Bureau of Competition

Bureau of Consumer Protection

Regional Offices

June 30, 2015

No. 124
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 ................................................................... 75

A) Consumer Protection.................................................................................................... 75

B) Competition.................................................................................................................. 81

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS ..................................................... 82

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION ....................... 85

AMICUS CURIAE BRIEFS......................................................................................................... 90
ii

SUMMARY OF CASES

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

PETITIONS FOR REVIEW 0 3 1 4

INJUNCTION AND

CONSUMER REDRESS CASES 82 11 0 93

CIVIL PENALTY AND 

ENFORCEMENT CASES 10 1 0 11

SUBPOENA AND CID

ENFORCEMENTS 2 1 0 3

SUITS TO ENJOIN FTC 

ACTION AND OTHER

DEFENSIVE LITIGATION

5 3 0 8

AMICUS CURIAE BRIEFS 2 7 0 9

TOTALS 101 26 1 128

 *

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

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

PETITIONS FOR REVIEW

(A) Orders to Cease and Desist

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

Parties: John Fanning

Assigned Attorneys: Leslie Melman (OGC)

Bradley Grossman

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

Jerk, LLC from deceiving users about the source of personal information on 

the now defunct website and misrepresenting the benefits of membership.

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

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

Commission’s response filed 6/5/15.

Order granting temporary stay entered 5/29/15.

POM WONDERFUL v. FTC, No. 13-1060 (D.C. Cir.) 

Parties: POM Wonderful LLC

Roll Global LLC

Stewart A. Resnick

Lynda Rae Resnick

Matthew Tupper

Assigned Attorneys: Jonathan Nuechterlein (OGC)

Imad D. Abyad 

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

Status: Petition filed 3/8/13. 

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

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

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

Oral argument held 5/2/14.

Opinion affirming Commission order issued 1/30/15.

Petition for rehearing filed 4/6/15; denied 5/28/15.
2

PROMEDICA HEALTH SYSTEMS, INC. v. FTC, No. 14-762 (S. Ct.); No. 12-3583 (6th Cir.)

Parties: ProMedica Health Systems, Inc.

Assigned Attorneys: Michele Arington (OGC)

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

Status: Petition filed 5/18/12. 

ProMedica’s opening brief filed 9/17/12.

Commission’s answering brief filed 11/14/12.

ProMedica’s reply brief filed 12/12/12. 

Oral argument held 3/7/13. 

ProMedica’s petition for rehearing and rehearing en banc filed 6/3/14;

 Commission’s response filed 7/7/14.

Order denying petition for en banc rehearing entered 7/24/14.

ProMedica’s petition for certiorari filed 12/22/14; Commission’s opposition

 filed 4/1/15; ProMedica’s reply filed 4/13/15.

Petition for certiorari denied 5/4/15.

McWANE, INC. v. FTC, No. 14-11363 (11th Cir.)

Parties: McWane, Inc.

Assigned Attorneys: Jack Metzler (OGC) 

 

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

Status: Petition filed 3/28/14.

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

 McWane’s reply brief filed 9/29/14.

 Oral argument held 1/16/15.

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

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

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

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

(B) Rulemakings

(None Pending)
3

INJUNCTION AND CONSUMER REDRESS CASES

(A) Preliminary Injunctions (Mergers/Acquisitions)

FTC v. STERIS CORPORATION, No. 1:15-cv-1080 (N.D. Ohio)

Parties: Steris Corporation

Synergy Health Plc

Assigned Attorneys: Amy Posner (BC/Mergers I)

Michael Moiseyev

Tara Reinhart

Daniel Zach

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

and Section 7 of the Clayton Act in conjunction with Steris Corporation’s 

proposed merger with Synergy Health plc.

Status: Complaint filed 5/29/15.

TRO entered 6/1/15.

Evidentiary hearing scheduled for 8/17/15.

FTC v. SYSCO CORPORATION, No. 1:15-cv-256 (D.D.C.)

Parties: Sysco Corporation

 USF Holding Corp.

 US Foods, Inc.

Assigned Attorneys: Stephen Weissman (BC)

 Alexis Gilman 

 Catherine Sanchez

 Christopher Abbott

 David J. Laing

 Jeanne Nichols

 Krisha A. Cerilli

 Kristian S. Rogers

 Mark Seidman

 Matthew McDonald

 Melissa Davenport

 Michael DeRita

 Ryan Quillian

 Sophia Vandergrift

 Stephen Mohr
4

 Thomas H. Brock

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

and Section 7 of the Clayton Act in conjunction with Sysco Corporation’s 

proposed merger with USF Holding Corp. and US Foods, Inc.

Status: Complaint filed 2/20/15.

 TRO entered 2/27/15.

 Evidentiary hearing held 5/5 – 5/14/15.

Preliminary injunction granted 6/23/15.

(B) Preliminary Injunctions (Other)

(None pending)

(C) Permanent Injunctions/Consumer Redress*

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

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

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

 Mediation Group

 Profile Management, Inc.

 International Recovery Service, LLC

 Check Solutions Services, Inc.

 Check Fraud Service, LLC

 Merchant Recovery Service, Inc.

 Fourstar Revenue Management, LLC

 Travell Thomas

 Maurice Sessum

 Charles Blakely, III

Assigned Attorneys: Brian N. Lasky (NER)

 Karen A. Dahlberg

 Robin E. Eichen

 Karen V. Goff

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

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

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

 and the Federal Debt Collection Practices Act in connection with the 

 collection of debt or purported debt.

Status: Complaint filed 2/9/15.

 TRO entered 2/9/15.

 Stipulated preliminary injunction entered 6/2/15.

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

Parties: A to Z Marketing, Inc.

 Apex Members, LLC

 Apex Solutions, Inc.

 Backend, Inc.

 Expert Processing Center, Inc.

 Smart Funding Corp. 

William D. Goodrich, Atty, Inc. 

 Ratan Baid

 Madhulika Baid

 William D Goodrich

Nationwide Law Center, P.C.

United States Law Center, P.C.

Emax Loans, Inc.

Millennium Law Center, P.C.

Legal Marketing Group, Inc.

SC Law Group, P.C.

Interstate Law Group, LLC

Backend Services, Inc.

Top Legal Advocates, P.C.

Evergreen Law Offices, PLLC

Amir (Alex) Montazeran

Business Team LLC (relief defendant)

 

Assigned Attorneys: Steven W. Balster (ECR)

Jonathan L Kessler (ECR) 

 Maria Del Monaco (ECR)

Michael D. Bergman (OGC)

 Stacy Rene Procter

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

 operation of a nationwide scheme regarding mortgage assistance relief 

 services, including loan documentation and transaction services, and loan

 modification services. 

Status: Complaint filed 6/18/13. 

 TRO entered 6/18/13. 
6

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

 Stipulated preliminary injunction against remaining defendants entered

7/19/13.

Amended complaint adding 11 new defendants and one relief defendant filed 

12/16/13.

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

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

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

motion for summary judgment filed 9/2/14.

 Final order for permanent injunction against defendants Backend

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

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

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

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

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

 Order denying motion to set aside default judgment as to defendants

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

Order for default judgment as to Evergreen and Backend 

 entered 9/2/14.

Stipulated final order for permanent injunction and settlement of claims

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

 9/18/14.

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

 9th Circuit filed 9/30/14. 

Default judgment and final order for permanent injunction as to defendant

Amir Montazeran entered 10/16/14.

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

10/16/14.

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

 notice of appeal filed 11/03/14.

 Stipulated final order for permanent injunction against defendants A to Z

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

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

Smart Funding Corp. entered 11/14/14.

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

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

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

Parties: AbbVie, Inc.

 Abbott Laboratories

 Unimed Pharmaceuticals, LLC

 Besins Healthcare, Inc.

 Teva Pharmaceuticals USA, Inc.

Assigned Attorneys: Markus Meier (BC)
7

 Patricia M. McDermott

 Kara Monahan

 Peter Taylor

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

arising from baseless patent infringement lawsuits against potential

generic competitors.

Status: Complaint filed 9/8/14.

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

opposition filed 12/12/14.

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.

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

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

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

Parties: Watson Pharmaceuticals, Inc.

Par Pharmaceuticals Companies, Inc.

Paddock Laboratories, Inc.

Solvay Pharmaceuticals, Inc.

Assigned Attorneys: Markus Meier (BC)

Saralisa Brau

Cynthia A. Liebes (SER)

Mark S. Hegedus (OGC)

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

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

connection with agreement between brand name drug manufacturer and 

generic manufacturers delaying entry of generic drug.

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

Amended complaint filed 2/12/09.

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

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

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

Second amended complaint filed 5/28/09.

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

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

denying motion entered 7/17/09.

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

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

9/11/09.
8

Order granting motion to dismiss Commission’s second amended 

complaint entered 2/22/10.

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

Notice of appeal filed 6/10/10.

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

Defendants’ answering brief filed 11/10/10.

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

Oral argument held 5/13/11.

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

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

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

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

Petition granted 12/7/12. 

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

motion granted and temporary stay pending appeal entered 12/19/12. 

Notice of appeal of order unsealing document by AbbVie Products 

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

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

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

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

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

2/19/13. 

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

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

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

 11th Circuit opinion affirming district court order lifting seal

 and dissolving stay filed 3/21/13. 

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

 volume of joint appendix entered 3/22/13.

 Supreme Court oral argument held 3/25/13. 

 Supreme Court decision in favor of the FTC, reversing the 

Eleventh Circuit Court of Appeals and remanding the case for further 

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

Eleventh Circuit order vacating the district court judgment and remanding the 

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

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

entered 11/15/13.

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

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

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

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

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

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

5/9/14.
9

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

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

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

Global One Financial Services LLC

Your #1 Savings LLC

Ovadaa LLC

Royal Holdings of America LLC

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

Development Enterprise LLC, PBMS, LLC

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

Source LLC

Carmen Williams

Jonathan Paulino

Shirin Imani

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

LLC

Assigned Attorneys: James Davis (MWR)

John Hallerud

Elizabeth Scott

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

and the Telemarketing Sales Rule in connection with credit card interest

rate reduction services.

Status: Complaint filed 6/22/15.

TRO entered 6/22/15.

FTC v. ALLSTAR MARKETING GROUP, LLC, No. 1:15-cv-1945 ( N.D. Ill.)

Parties: Allstar Marketing Group, LLC

 

Assigned Attorneys: Rozina C. Bhimani (MWR)

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

 and the Telemarketing Sales Rule in connection with “buy-one-get-one-

 free” promotions.

Status: Complaint filed 3/4/15.

 Joint stipulated order for permanent injunction and monetary judgment

 filed 3/17/15.
10

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

Parties: Amazon.com

Assigned Attorneys: Jason Adler (BCP/FP)

Duane Pozza

Heather Allen

Jane Ricci

Courtney Estep

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

Amazon’s billing for charges related to activity within software applications. 

Status: Complaint filed 7/10/14.

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

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

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

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

Trial scheduled for 5/2/16.

FTC v. AMERICAN YELLOW BROWSER, INC., No. 1:15-cv-02047 (N.D. Ill.)

Parties: American Yellow Browser, Inc.

 American Yellow Group, Inc.

 Distribution H.E.P. Inc. d/b/a American Yellow Distribution and Medical

Yellow Directories, Inc.

 Official Yellow Guide, Inc.

 Publication A.A.P., Inc.

 Publications A.Y.D., Inc.

 Ivan Chernev

 German Lebedev

 Publication A.Y.B., Inc.

Assigned Attorneys: John C. Hallerud (MWR)

Alleged Conduct: Violations of Section 5(a) of the FTC Act in connection with deceptive

Acts and advertising regarding listings in business directories. 

Status: Complaint filed 3/9/15.

 TRO entered 3/10/15.

 Preliminary injunction entered 3/25/15.
11

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

Parties: AMG Services, Inc.

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

SFS, Inc., d/b/a OneClickCash

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

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

AMG Capital Management, LLC

Level 5 Motorsports, LLC

Lead Flash Consulting, LLC

Black Creek Capital Corporation

Broadmoor Capital Partners, LLC 

Muir Law Firm, LLC

Scott A. Tucker

Blaine A. Tucker

Timothy J. Muir

Don E. Brady

Robert D. Campbell

Troy L. LittleAxe

Park 269 LLC

Kim C. Tucker

Assigned Attorneys: Helen Wong (BCP/FP) 

Jason Schall

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

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

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

Status: Complaint filed 4/2/12. 

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

filed 6/11/12. 

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

Stipulated preliminary injunction entered 12/27/12.

Commission’s amended motion for partial summary judgment filed 3/7/13; 

defendants’ responses filed 3/25/13.

 Motion for legal determination on tribal sovereign immunity by defendants 

AMG Services, Inc., Red Cedar Services, Inc., SFS, Inc., and Tribal 

Financial Services filed 4/8/13; cross-motion for legal determination 

by defendant Troy Little Axe filed 4/10/13; Commission’s response 

filed 4/19/13.

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

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.
12

Joint motion for permanent injunction and judgment as to defendants AMG 

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

LLC, Level 5 MotorSports, LLC, LeadFlash Consulting, LLC, Black 

Creek Capital Corp., Broadmoor Capital Partners, LLC, Scott A. 

Tucker, Blaine A. Tucker, Don E. Brady, Robert D. Campbell, and 

Troy L. Little Axe, Jr. filed 7/18/13.

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

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

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

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

opposition filed 12/4/13; defendants’ reply filed 12/20/13.

Order granting joint motion for permanent injunction and judgment as to 

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

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

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

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

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

Report and recommendation by magistrate that Commission’s motion for 

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

defendant’s motion for summary judgment be denied, entered 

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

filed 3/2/14. 

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

3/7/14.

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

5/29/14.

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

Law Firm, LLC entered 9/8/14.

Order denying settling defendants’ motion to enforce settlement entered 

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

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

Stipulated permanent injunction and monetary judgment as to defendants 

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

Stipulated permanent injunction and monetary judgment against 

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

 entered 3/18/15.

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

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

Dept.

 Dahm International, LLC

 Dominion of Virgo Investments, Inc.

 Ecommerce Support, LLC

 Essent Media, LLC

 Evertex Solutions, LLC
13

 EVI LLC, d/b/a Members Learning Center

 Nemrow Consulting, LLC

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

 Your Ecommerce Support International, LLC

 Purple Buffalo, LLC, d/b/a NetMarketing

 Supplier Source, LLC

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

 Vensure International

 VI Education, LLC

 David Gregory Bevan

 Jessia Bjarnson

 Phillip Edward Gannuscia

 Chad Huntsman

 Richard Nemrow

 Jeffrey Nicol

 Thomas Riskas

 Babata Sonnenberg

 Ken Sonnenberg

 

Assigned Attorneys: Collot Guerard (BCP/MP)

 Svetlana Gans 

 Michael D. Bergman (OGC)

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

and Consumer Fraud Abuse and Prevention Act in connection with workfrom-home business opportunity scheme.

Status: Complaint filed 2/10/14.

TRO entered 2/11/14.

Stipulated preliminary injunction and asset freeze as to defendant David

Bevan entered 3/20/14.

Commission’s motion to dismiss Sonnenberg defendants’ counterclaim filed

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

FTC v. AT&T MOBILITY, LLC, No. 3:14-cv-04785 (N.D. Cal.)

Parties: AT&T Mobility, LLC

Assigned Attorneys: David M. Newman (WRSF)

 Eric David Edmonson

 Kerry O’Brien

 Laura Fremont

 Linda K. Badger

 Matthew D. Gold

 Evan Rose
14

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

Act in connection with the marketing of wireless broadband internet 

access service for smartphones. 

Status: Complaint filed 10/28/14.

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

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

AT&T Mobility’s motion for leave to take interlocutory appeal filed 4/9/15;

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

4/30/15.

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

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

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

FTC v. BAYVIEW SOLUTIONS, LLC, No. 1:14-cv-01830 (D.D.C.)

Parties: Bayview Solutions, LLC

 Aron Tomko

 Jonathan Ortiz

Assigned Attorneys: Thomas J. Widor (BCP/FP)

 Michael D. White

 Katherine Ripley White (DPIP)

Alleged Conduct: Violations of Section 5(a) of the FTC Act in connection with defendants’

unfair public disclosure of consumers’ sensitive personal and financial 

information.

Status: Complaint filed 10/31/14.

 Notice of voluntary dismissal of Jonathan Ortiz filed 12/18/14.

Order granting stay entered 2/2/15.

Stipulated final order for permanent injunction entered 4/21/15.

FTC v. BF LABS, INC. No. 4:14-cv-815 (W.D. Mo.)

Parties: BF Labs, Inc.

 Darla Drake

 Nasser Ghoseiri

 Sonny Vleisides

 Kyle Alexander

 Dylan Symington

Assigned Attorneys: Helen Wong (BCP/FP)

 Leah Frazier

 Teresa N. Kosmidis
15

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

connection with the marketing and sale of Bitcoin mining machines.

Status: Complaint filed 9/15/14.

 TRO entered 9/18/14.

 Motions to dismiss entered 10/10/14.

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

 Commission’s motion to dismiss counterclaims for lack of jurisdiction

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

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

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

Order granting BF Labs’ motion for leave to file a surreply entered 6/10/15.

Order granting Commission’s motion to dismiss counterclaims entered

6/15/15.

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

Parties: BlueHippo Funding, LLC

BlueHippo Capital LLC

Joseph K. Rensin

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

Michael D. Bergman (OGC)

David C. Shonka

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

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

electronics.

Status: Complaint filed 2/22/08.

Stipulated final judgment and order for permanent injunction entered 4/9/08.

Motions for contempt and to modify permanent injunction against 

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

Rensin filed 11/17/09.

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

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

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

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

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

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

7/30/10.

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

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

10/8/10.

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

entered 12/1/10.
16

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.

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

Parties: Boost Software, Inc.

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

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

 OMG Tech Help, LLC

 Success Capital, LLC

 Jon Paul Holdings, LLC

 Ami Mehta

 Elliot Loewenstern

 Jon-Paul Vasta

 Mark Donohue

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

 Russell S. Deitch

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

FTC Act and the Telemarketing Sales Rule in connection with the marketing, 

advertising, and sale of tech support services.

Status: Complaint filed 11/10/14.

 TRO entered 11/12/14.

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

 Order denying preliminary injunction against Boost Software and Ami

 Mehta entered 11/26/14.

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

 LLC, Success Capital LLC and Jon Paul Holding LLC

entered 3/18/15.
17

FTC v. BROADWAY GLOBAL MASTER, INC., No. 2:12-CV-00855 (E.D. Cal.)

Parties: Broadway Global Master, Inc.

In-Arabia Solutions Inc. 

Kirit Patel 

Assigned Attorneys: Austin A.B. Ownbey (WRSF) 

Kerry O’Brien 

 Sarah Schroeder 

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

related to debt collection practices.

Status: Complaint filed 4/3/12.

 TRO entered 4/5/12.

 Preliminary injunction and asset freeze entered 4/26/12. 

 Kirit Patel indicted on 21 counts of mail and wire fraud on 8/23/12

 Order granting six-month stay entered 9/17/12. 

Orders extending stay entered 3/7/13, 7/8/13, and 11/18/13.

Orders extending stay entered 2/7/14, 4/30/14, 8/4/14, and 12/8/14.

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

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

Attitude Cosmetics

Pinnacle Logistics, Inc.

DSA Holdings, Inc.

Lifestyle Media Brands, Inc.

Agoa Holdings, Inc.

Zen Mobile Media, Inc.

Safehaven Ventures, Inc.

Heritage Alliance Group, Inc.

AMD Financial Network, Inc.

SBM Management, Inc.

Media Urge, Inc.

Adageo, LLC

Calenergy, Inc.

Kai Media, Inc.

Insight Media, Inc.

Alon Nottea

Motti Nottea

Doron Nottea

Igor Latsanovski

Oz Mizrahi

Roi Reuveni

Kristopher Bond
18

Charlene C. Koonce

Assigned Attorneys: Reid Tepfer (SWR)

Luis Gallegos

Raymond McKown 

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

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

Fund Transfer Act (EFTA).

Status: Complaint filed 6/16/15.

TRO entered 6/16/15.

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

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

Assistance Fund

Cancer Support Services, Inc.

Children’s Cancer Fund of America, Inc.

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

James Reynolds, Sr.

Kyle Effler

Rose Perkins

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

Assigned Attorneys: Tracy S. Thorleifson (NWR)

Sophie H. Calderon

Krista K. Bush

Connor Shively

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

the Telemarketing Sales Rule in connection with soliciting donations

from the public for sham charities.

Status: Complaint filed 5/18/15.

Stipulated permanent injunctions and monetary judgment against Children’s

Cancer Fund of America, The Breast Cancer Society of America,

Rose Perkins, Kyle Effler, and James Reynolds, II entered 6/2/15.

FTC v. CARDFLEX, INC., No. 3:14-cv-397 (D. Nev.)

Parties: Cardflex, Inc.

 Blaze Processing, LLC

 March 1 Merchanting, LLC

 Andrew M. Phillips

 John S. Blaugrund

 Shane Fisher
19

 Jeremy Livingston

Assigned Attorneys: Karen S. Hobbs (BCP/MP)

 Benjamin Robert Davidson

 

Alleged Conduct: Violations of Section 5 of the FTC Act in connection with unauthorized 

charges to consumer’s debit and credit accounts.

Status: Complaint filed 7/30/14.

 Permanent injunction and final order against defendants Blaze Processing,

LLC, Mach 1 Merchanting, LLC and Shane Fisher entered 10/27/14.

Permanent injunction and final order against defendant Jeremy Livingston

entered 1/2/15.

 Order granting 60 day stay of proceedings entered 1/26/15.

Stipulated permanent injunction and final order as to defendant Jeremy

Livingston entered 3/27/15.

Stipulated permanent injunction and final order as to defendants Cardflex,

Inc., Andrew Phillips and John Blaugrund entered 5/5/15.

FTC v. CARDINAL HEALTH, No. 1:15-cv-03031 (S.D.N.Y.)

Parties: Cardinal Health, Inc.

Assigned Attorneys: Jonathan William Platt (NER)

William Hallett Efron

Jared Peter Nagley

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

connection with monopolization of market for the sale of

radiopharmaceuticals.

Status: Complaint filed 4/20/15.

Final order and stipulated permanent injunction entered 4/23/15.

FTC v. CD CAPITAL INVESTMENTS, LLC, 8:14-CV-1033 (C.D. Cal.)

Parties: CD Capital Investments, LLC

 CD Capital, LLC

 GDS Information Systems, Inc.

 Christian D. Quezada

 Mireya Duenas

 Gabriel Drews Stewart

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

 Mark L. Glassman 

Barbara Y K Chun (WRLA)
20

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

Relief Services Rule in connection with the marketing and sale of mortgage 

assistance relief services.

Status: Complaint filed 7/7/14.

 Stipulated preliminary injunction entered 8/21/14.

FTC v. CENTRO NATURAL CORP., No. 1:14-cv-23879 (S.D. Fla.)

Parties: Centro Natural Corp.

 Sumore, LLC

 Carolina Orellana

 Damian Biondi

 Javier Sumbre

 Jessica Anzola

 Bionore, Inc.

 Susana Sumbre

 Jorge Sumbre (Relief Defendant)

 Allianza Inmobiliaria Corp. (Relief Defendant)

 Jager International, Inc. (Relief Defendant)

Assigned Attorneys: Dotan Weinman (BCP/ MP)

 Janice L. Kopec

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

FTC Act, the Fair Debt Collection Practices Act, and the Telemarketing Act 

in connection with soliciting payments for unverified debts.

Status: Complaint filed 10/20/14.

 TRO entered 10/21/14.

 Amended complaint filed 10/27/14.

Order denying without prejudice preliminary injunction as to defendant 

Susana Sumbre and relief defendants Allianza Immobiliaria Corp., Jager

 International, Inc. and Jorge Sumbre entered 10/31/14.

Amended temporary restraining order entered 11/3/14.

Stipulated preliminary injunction as to Javier Sumbre, Jessica Anzola, and 

 Sumore LLC entered 1/5/15 and 1/8/15.

Order by clerk for entry of default as to Centro Natural Corp. entered

 1/20/15.

 Order granting second motion for preliminary injunction against relief

 defendants entered 1/26/15. 

Stipulated final order for monetary judgment as to defendant Allianza

 Inmobiliaria Corp. entered 6/24/15. 

Stipulated order for permanent injunction and monetary judgment as to

 defendants Susana Sumbre, Carolina Orellana, Damian Biondi, Javier
21

 Sumbre, Jessica Anzola, Jorge Sumbre Sumore, LLC and Jager

 International, Inc. entered 6/24/15.

FTC v. CEPHALON, INC., No. 2:08-CV-02141 (E.D. Pa.), formerly No. 1:08-CV-00244 

(D.D.C.) 

Parties: Cephalon, Inc.

Assigned Attorneys: Markus H. Meier (BC)

Bradley S. Albert

Garth W. Huston

Suzanne Munck

Alleged Conduct: Violations of Section 5 in connection with inducing generic companies to

abandon patent challenge and agreeing to refrain from producing a generic 

form of the drug Provigil. 

Status: Complaint for injunctive relief in D.D.C. filed 2/13/08. 

Order granting defendant’s motion to transfer case to E.D. Pa. entered

4/28/08.

Defendant’s motion to dismiss filed 5/2/08; Commission’s opposition to

motion filed 6/2/08; defendant’s reply filed 6/20/08.

First amended complaint filed 8/12/09.

Defendant’s motion to dismiss filed 8/31/09; Commission’s response in 

opposition filed 9/14/09; oral argument held 10/21/09.

Order and memorandum denying motion to dismiss entered 3/29/10.

Order staying case pending Supreme Court resolution of pay-for-delay

pharmaceutical litigation settlements entered 8/29/12. 

Notice by Commission of Supreme Court decision in FTC v. Actavis filed

6/19/13. 

Motion for partial summary judgment by the Commission filed

9/20/13; defendant’s opposition filed 11/19/13; Commission’s reply

filed 12/20/13.

Motion to dismiss for lack of jurisdiction by Cephalon, Inc. filed 9/20/13;

Commission’s response filed 11/18/13; defendant’s response filed

12/20/13.

Motion to join Teva Pharmaceutical Industries Ltd. by Commission filed

12/9/13; denied without prejudice 5/5/14.

Order that FTC v. Cephalon, Inc. proceed to trial separate from private

plaintiffs’ cases entered 2/4/15. 

 Memorandum opinion denying defendant Cephalon’s motion to preclude

 Commission from seeking disgorgement of past profits entered 

 4/15/15.

Stipulated order for permanent injunction and equitable monetary relief

 entered 6/17/15.
22

FTC v. CHEVALIER, No. 3:15-cv-01029 (D. Ore.)

Parties: Erik Chevalier d/b/a Forking Path, Co.

Assigned Attorneys: Helen Wong (BCP/FP)

Peter Lamberton

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

connection with a crowdfunding campaign.

Status: Complaint filed 6/10/15.

Stipulated order for permanent injunction and monetary judgment entered 

6/23/15.

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

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

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

Michael Hill

Charles Gugliuzza

Aaron Gravitz

Assigned Attorneys: David M. Newman (WRSF)

Eric D. Edmondson

Michele Arington (OGC)

David Sieradzki (OGC)

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

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

debiting of monthly charges to consumer credit cards.

Status: Complaint filed 11/10/09.

Stipulated final orders for permanent injunction and monetary relief against 

Commerce Planet, Inc., Michael Hill, and Aaron Gravitz entered 11/18/09.

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

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

2/8/10; order denying defendants’ motion to dismiss entered 2/12/10.

Defendant Charles Gugliuzza’s answer impleading Superfly Advertising, Inc. 

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

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

adding counterclaim against Commission filed 5/4/10.

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

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

6/28/10.
23

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

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

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

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

dismiss entered 8/5/10.

Amended third-party complaint against counter defendants Superfly 

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

Inc. (a Delaware corporation) by defendant Charles Gugliuzza filed 

8/25/10.

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

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

motion entered 10/27/10.

Second amended third-party complaint against counter defendants Superfly 

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

Inc. (a Delaware corporation) by defendant Charles Gugliuzza filed 

11/16/10.

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

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

motion entered 12/28/10.

Motion for summary judgment by defendant Charles Gugliuzza filed 4/22/11.

First amended complaint for permanent injunction and other equitable relief

filed 6/29/11.

 Defendant Charles Gugliuzza’s motion for summary judgment filed 7/27/11;

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

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

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

Post-trial briefs submitted 3/23/12.

Appellant filed his reply 1/31/14.

Memorandum of decision in favor of the Commission and directing 

Commission to file proposed permanent injunction and judgment 

entered 6/22/12.

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

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

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

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

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

9/6/14. 

Order dismissing appeal as duplicative of pending appeal 12-57064 entered 

9/19/14; Gugliuzza’s motion for reconsideration filed 9/25/14.

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

that Gugliuzza’s debt to the Commission is nondischargeable entered 

9/22/14. 

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

answering brief due 1/16/15; Gugliuzza’s reply brief due 1/30/15. 

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

Oral argument in district court regarding bankruptcy appeal held 2/26/15.
24

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

bankruptcy court’s order on nondischargeability entered 3/12/15.

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

Appellant’s opening brief due 8/7/15; Commission’s brief due 10/8/15.

FTC v. CONSUMER COLLECTION ADVOCATES, CORP., No. 0:14-cv-62491 (S.D Fla.)

Parties: Consumer Collection Advocates, Corp.

 Michael R. Ettus

Assigned Attorneys: Barbara E. Bolton (SER)

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

Telemarketing Sales Rule in connection with recovery services claiming to 

collect funds consumers previously lost to telemarketing fraud.

Status: Complaint filed 11/3/14.

 Stipulated preliminary injunction entered 11/17/14.

 Trial scheduled for 11/02/15.

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

Parties: Consumer Health Benefits Association John Schwartz

Jeffery Burman Barbara Taube

Century Senior Services Rita B. Werner

Guarantee Trust Life Insurance Ronald K. Werner

Richard Holson III Vantage America Solutions

Louis Leo Windi Tow

National Association for Americans 

National Benefits Consultants, LLC 

National Benefits Solutions, LLC 

 

Assigned Attorneys: Karen A. Dahlberg (NER)

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

Sales Rule in connection with defendants’ marketing, distribution, and sale of 

medical discount plans.

Status: Complaint filed 8/03/10.

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

entered 8/25/10.

Stipulation and order modifying ex parte TRO as to defendants Ron Werner 

and Rita Werner entered 8/25/10.

Stipulated preliminary injunction order as to defendant Louis J. Leo entered 

9/21/10.
25

Stipulated preliminary injunction as to defendants Ron Werner and Rita 

Werner entered 10/01/10.

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

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

Stipulation and order modifying the preliminary injunction order as to

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

Commission’s motion for leave to amend complaint naming 

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

granting motion entered 8/18/11.

Appeals of magistrate judge’s decision by proposed defendants filed 

9/06/11.

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

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

opposition filed 12/13/11.

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

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

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

oppositions by Rita Brum Werner, Ronald Kent Werner, Jeffrey 

Burman, Century Senior Services, Guarantee Trust Life Insurance 

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

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

Rita Werner, GTL, Vantage, Century, Rick Holson, Jeff Burman, and 

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

Order granting motion by the Commonwealth of Massachusetts to modify the 

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

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

Parties: Coorga Nutraceuticals Corp.

 Garfield Coore

Assigned Attorneys: Elizabeth Nach (BCP/AP)

 

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

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

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

Status: Complaint filed 5/13/15.

FTC v. CWB SERVICES, LLC, No. 4:14-cv-783 (W.D. Mo.)

Parties: CWB Services, LLC

 Orion Services, LLC

 Sandpoint Capital, LLC

 Basseterre Capital, LLC

 Namakan Capital, LLC
26

 Vandelier Group, LLC

 St. Armands Group, LLC

 Anasazi Group, LLC

 Anasazi Services, LLC

 Longboat Group, LLC

 Orlead Group

 Timothy A. Coppinger

 Frampton Rowland, III

Assigned Attorneys: Rebecca M. Unruh (BCP/FP)

 Charles M. Thomas

 Lisa Rothfarb

 Matthew Wilshire

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

Truth in Lending Act, and the Electronic Fund Transfer Act in connection 

with the offering or extension of payday loans.

Status: Complaint filed 9/5/14.

 TRO entered 9/9/14.

 Stipulated preliminary injunction entered 9/23/14.

 Bench trial scheduled for 2/22/16.

FTC v. DAYTON FAMILY PRODUCTIONS, INC., No. 13-17448 (9th Cir.); No. 2:97-CV-00750 

(D. Nev.)

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

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

 Sarah Waldrop 

Joel Marcus-Kurn (OGC)

Blaine T. Welsh (AUSA)

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

injunction in connection with telemarketing, by misrepresenting to 

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

order to retrieve the alleged prize.

Status: Complaint filed 6/20/97. 

 Permanent injunction entered 10/1/98. 

 Motion for contempt and stipulated preliminary injunction filed 

 1/28/13. 

 Order granting preliminary injunction entered 3/5/13. 

Hearing held 9/5/13.

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

Notice of appeal filed 11/26/13.
27

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

 clarify judgment filed 2/10/14.

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

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

case entered 2/14/14.

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

 order remanding case entered 3/14/14. 

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

7/28/14.

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

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

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

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

Parties: Debtpro 123, LLC

 Allstar Processing Corp.

 Allstar Debt Relief, LLC

 Redwave Management Group

 BET Companies, Inc.

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

 Ryan Foland, a/k/a R Eugene Foland

 Stacey Frion

 Kara Taylor

 

Assigned Attorneys: Michelle Schaefer (ENF)

John Singer (OGC)

Stacy Rene Procter (WRLA)

 

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

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

 Act in relation to advertising and business practices by credit repair 

 organizations.

Status: Complaint filed 5/2/14.

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

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

BET Companies entered 6/30/15.

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

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

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

Program

Chad Caldaronello (a/k/a Chad Carlson a/k/a Chad Johnson)
28

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

Retention Divisions

Derek Nelson (a/k/a Dereck Wilson)

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

Brian Pacios (a/k/a Brian Barry a/k/a Brian Kelly a/k/a Justin Moreira a/k/a 

Justin King a/k/a Justin Smith)

Cortney Gonsalves (relief-defendant)

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

Jonathan Cohen

John D. Jacobs

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

Mortgage Assistance Relief Services Rule, and the Telemarketing Sales Rule

in connection with the marketing and sale of mortgage assistance relief 

services.

Status: Complaint filed 4/14/15.

Preliminary Injunction entered 5/13/15.

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

Parties: DirecTV, Inc.

 DirecTV, LLC

Assigned Attorneys: Eric D. Edmondson (WRSF)

 Boris Yankilovich

 Erika R. Wodinsky

 Jacob A. Snow

 Raymond E. McKown (WRLA)

 Stacy R. Procter

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

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

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

programming subscription service.

Status: Complaint filed 3/11/15.

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

Parties: E.M. Systems & Services, LLC

Administrative Management & Design, LLC

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

Empirical Data Group Technologies, LLC

Epiphany Management systems, LLC
29

Steven D. Short

Karissa L. Dyar

One Easy Solution LLC

Christopher Miles

Assigned Attorneys: S. Spencer Elg (SER)

Nicholas May

Anna Burns

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

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

Status: Complaint filed 6/16/15.

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

Parties: Emerica Media Corporation

 Global Voice Mail, Ltd. 

 Network Assurance, Inc. 

 Techmax Solutions, Inc. 

 Voice Mail Professionals, Inc. 

 Steven V. Sann

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

 Nathan M. Sann

 Robert M. Braach

 Bibliologic, Ltd. 

 American eVoice, Ltd. 

 FoneRight, Inc. 

 HearYou2, Inc. 

 SecuraDat, Inc. 

 

Assigned Attorneys: Richard McKewen (NWR)

Michael Mora (ENF)

Michael D. Bergman (OGC)

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

recurring charges on consumers’ monthly telephone bills for 

telecommunications services that consumers neither requested nor 

authorized. 

Status: Complaint filed 1/8/13. 

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

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

parallel criminal investigation entered 5/9/13. 

Order staying the case pending the resolution of a parallel criminal 

prosecution entered 9/24/13.
30

Stipulated permanent injunction order and monetary relief as to defendant 

Nathan M. Sann entered 11/25/14.

Notice of appeal by Steven Vincent Sann from bankruptcy court order 

converting case from chapter 11 to chapter 7 proceeding filed 

5/13/15.

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

FTC v. EQUILIV INVESTMENTS, LLC, No. 2:15-cv-4379 (D. N.J.)

Parties: Equiliv Investments

Ryan Ramminger

Assigned Attorneys: Helen Wong (BCP/FP)

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

FTC Act in connection with a mobile device application that contained

hidden malicious software code used by defendants to take control of

consumers’ mobile devices to generate virtual currencies.

Status: Complaint filed 6/24/15.

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

Parties: Crystal Ewing

 Classic Productions, LLC

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

 Howard Raff, a/k/a Howard Bruce

 David Raff

 Omni Processing Center

 MBE Management, LLC

 Shirley Murphy

 Ronald Boyde

 Global Access Management Systems, Inc.

 Ricki Black

Assigned Attorneys: Alejandro Rosenberg (BCP/ENF)

 Elsie B. Kappler

 Korin Ewing Felix

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

 advertising, marketing and sale of purported weight loss pills. 

Status: Complaint filed 5/1/14.

 Default judgment as to defendants Ricki Black and Global Access

 Management Systems, Inc. entered 6/23/14; defendants’ motion to
31

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

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

 Default judgment as to Omni Processing Center and MBE Management,

LLC entered 7/18/14. 

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

Parties: Federal Check Processing, Inc.

 Federal Recoveries, LLC

 Federal Processing Services, Inc.

 Federal Processing, Inc.

 United Check Processing , Inc.

 Central Check Processing, Inc.

 Central Processing Services, Inc.

 Nationwide Check Processing, Inc.

 American Check Processing, Inc.

 State Check Processing, Inc.

 Check Processing, Inc.

 US Check Processing, Inc.

 Flowing Streams, F.S., Inc.

 Mark Briandi

 William Moses

 Empowered Racing, LLC, Relief Defendant

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

Colin A. Hector (BCP/FP)

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. 

FTC v. FIRST CONSUMERS, LLC, No. 2:14-cv-1608 (E.D. Pa.)

Parties: First Consumers, LLC

 Standard American Marketing, Inc.

 Powerplay Industries, LLC

 1166519075 Quebec Inc., d/b/a Landmark Holdings, Inc.

 1164047236 Quebec Inc., d/b/a Madicon Inc.

 Ari Tietolman

 Marc Ferry

 Charles W. Borie

 Robert Barczai

 
32

Assigned Attorneys: David R. Spiegel (BCP/MP) 

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

Telemarketing Sales Rule in connection with marketing of supposed fraud 

protection, legal protection and pharmaceutical benefit services.

Status: Complaint filed 3/18/14. 

 Ex parte TRO entered 3/18/14.

 Preliminary injunction order entered 3/28/14. 

 Motion for contempt against defendant Ari Tietolman filed 5/15/14.

 Order imposing coercive sanction against Ari Tietolman entered 7/17/14.

 Bench warrant for Ari Tietolman issued 8/7/14.

 Default judgment as to defendants 1164047236 Quebec Inc., 1166519075

 Quebec Inc., First Consumers, LLC, Powerplay Industries, LLC, and

 Standard American Marketing, Inc. entered 12/4/14.

 Motion for summary judgment against Ari Tietolman filed 1/13/15.

 Motion for default judgment as to corporate defendants filed 1/13/15.

Stipulation and final order for permanent injunction and monetary judgment 

 as to defendants Marc Ferry and Robert Barczai entered 2/5/15.

 Order granting summary judgment against defendant Ari Tietolman, and 

 default judgment as to corporate defendants entered 2/20/15.

 Notice of voluntary dismissal as to defendant Charles Borie filed 3/30/15.

FTC v. FIRST TIME CREDIT SOLUTION, No. 2:15-cv-1921 (C.D. Cal.)

Parties: First Time Credit Solution, Corp., d/b/a 1st Consumer Credit USA, d/b/a

Doctor de Credito

 Guillermo Leyes

 Jimena Perez

 Maria Bernal

 Fermin Campos

Assigned Attorneys: Rhonda Perkins (BCP/MP)

 Dotan Weinman

Christine Todaro

 Stacy R. Procter (WRLA)

Alleged Conduct: Violations of Section 5(a) of the FTC Act and Section 404 of the Credit 

Repair Organization Act in connection with the deceptive advertising, 

marketing, promotion, offering for sale, or sale of credit repair services.

Status: Complaint filed 3/16/15.

TRO entered 3/16/15.

Preliminary injunction as to defendant First Time Credit Solution, Corp.

entered 4/17/15.

Stipulated preliminary injunction as to defendant Guillermo Leyes entered
33

4/17/15.

Stipulated preliminary injunction as to defendants Jimena Perez, Maria

Bernal, and Fermin Campos entered 4/17/15.

Order staying proceedings for 90 days as to defendants Guillermo Leyes,

Jimena Perez, Maria Bernal, and Fermin Campos pending approval

of proposed settlements entered 5/13/15.

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

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

 d/b/a Nestle Nutrition North America 

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

Michelle K. Rusk

Ella Krainsky

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

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

infant formula purporting to prevent allergies. 

Status: Complaint filed 10/29/14.

FTC v. GETAWAY GREY, LLC, No. 2:15-cv-1990 (D. S.C.)

Parties: GetAwayGrey, LLC

 Robin Duner-Fenter

Assigned Attorneys: Elizabeth Nach (BCP/AP)

 

Alleged Conduct: Deceptive acts and violations of Sections 5(a) and 12 of the FTC Act in 

connection with the marketing of the Get Away Grey dietary supplement.

Status: Complaint filed 5/13/15.

 Stipulated final judgment and order for permanent injunction entered

5/14/15.

FTC v. GREEN TREE SERVICING, No. 0:15-cv-2064 (D. Minn.)

Parties: Green Tree Servicing LLC

Assigned Attorneys: Lisa Rothfarb (BCP/FP)

Daniel Dwyer

Alleged Conduct: Deceptive acts and violations of Section 5(a) and 13(b) of the FTC Act,

the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act, in

connection with servicing and collecting payments on residential mortgage

loans.
34

Status: Complaint filed 4/21/15.

Stipulated order for permanent injunction and monetary judgment entered

4/23/15.

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

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

Pure Vitamins, LLC

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

Vitamins, and Unleash the Thunder

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

Playboy offer/DVD entertainment

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

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

DJD Distribution, LLC

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

Chapnick, Smuckler & Chapnick, Inc.

Brandon Chapnick

Keith Smuckler

Danelle Miller

Jason Miller

458 Media LLC;

Alpha Brands, LLC;

Blu Stella, LLC;

Brilliant Skin LLC;

Discount Provisions L.L.C.;

Extamax, LLC;

F12 Media LLC;

Flex Formulas, LLC;

GCB Marketing LLC;

Luminous Skin LLC;

Men’s Health Formulas, LLC;

Metabolic Labs, LLC;

Miracle Male, LLC;

Moringa Marketing LLC;

Northbound Marketing LLC;

Skinny 7 LLC;

Wellness Labs, LLC;

Yacon Marketing LLC;

Barrel Roll, LLC;

BSC Marketing, LLC;

Cherry Hill Marketing, LLC;

CSA Ventures, LLC;

Diet Concepts, LLC;

Health Products Direct LLC;

KMS Marketing LLC;
35

Natural Products Direct LLC;

Northern Health Products LLC;

Pure and Natural Health Products LLC;

Pure and Simple Health Products LLC;

Radiant Skin LLC;

Shimmering Skin LLC;

Tindy Films LLC;

Wellness Products, LLC;

Method Films, Inc.

Assigned Attorneys: Danielle Estrada (BCP/MP)

Melissa Dickey

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

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

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

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

cosmetic products.

Status: Complaint filed 10/7/14.

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

Stipulated preliminary injunction as to defendants Chapnick, Smukler &

Chapnick, Inc., Brandon Chapnick, and Keith Smukler

entered 11/17/14.

Amended Complaint filed 2/5/15.

Preliminary injunction as to defendants Health Formulas, LLC; Pure

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

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

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

of asset freeze as to remaining defendants entered 5/6/15.

FTC v. HISPANIC GLOBAL WAY, CORP, No. 1:14-cv-22018 (S.D. Fla.)

Parties: Hispanic Global Way, Corp.

 Hispanic Global Way, LLC

 Hispanic Global Way Venez Corp., d/b/a TVO 

 Hispanic Global Way Venez I Corp.

 Gold Lead USA Corp.

 Sky Advance Choices Corp.

 Sky Advance, LLC

 First Airborne Service Trading Corp., d/b/a Fast Solutions, L’Nature

 Lab, Movil English F.A.S.T, Molding Motion 5 First Airborne

 Hispanic Network Connections, LLC, d/b/a Lo Vi En TV

 Fast Solutions Plus Corp.

 Grand Team Service Corp.
36

 Maria Elizabeth Vera

 Rafael Martin Hernandez

 Roberto Carrasco Macedo

 Maria Gisella Macedo

Assigned Attorneys: Michelle L. Schaefer (BCP/ENF)

Alleged Conduct: Unfair and deceptive practices in violation of Sections 5(a) and 12 of the 

 FTC Act in connection with the sale of purported weight loss products.

Status: Complaint filed 6/2/14.

 TRO entered 6/2/14.

 Preliminary injunction order entered 7/1/14.

 Stipulated order for permanent injunction and monetary judgment against 

 Fast Solutions Plus Corp., First Airborne Service Trading Corp., Gold

 Lead USA Corporation, Hispanic Global Way Venez I Corp., 

 Hispanic Global Way, Corp., Hispanic Global Way LLC, Hispanic

 Network Connections LLC, Sky Advance Choices Corp., Sky

 Advance LLC, Maria Elizabeth Vera, Maria Gisella Carrasco, and

 Rafael Martin Hernandez entered 3/4/15.

Motion for default judgment against Grand Team Service Corp. and Roberto

 Carrasco Macedo filed 3/11/15.

 Judgment by default and permanent injunction against Grand Team

 Service Corp. and Roberto Carrasaco Macedo entered 3/13/15.

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

Parties: Hold Billing Services, Ltd.

HBS, Inc.

Avery Communications, Inc.

Veterans of America Association, Ltd.

Thomas M. Lyons

Keith C. Calil

Milford H. Balaban

Billings Services Group Limited (Contempt Defendant)

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

HBS Billing Services Company (Contempt Defendant)

Enhanced Billing Services, Inc.(Contempt Defendant)

Billing Concepts, Inc. (Contempt Defendant)

ACI Billing Services, Inc. (Contempt Defendant)

Assigned Attorneys: Douglas Wolfe (BCP/ENF) 

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

telephone line subscribers in sweepstakes promotion.

Status: Complaint filed 7/15/98.
37

Stipulated final judgments entered 9/22/99.

Contempt motion against Billings Services Group Limited, Billing Services

Group North America, Inc., HBS Billing Services Company,

Enhanced Billing Services, Inc., Billing Concepts, Inc., and ACI

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

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

Order conditionally granting Commission’s motion for order to show cause

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

resolution of the contempt motion, referred to Magistrate Judge.

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

9/18/13.

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

Report and recommendation of magistrate judge to grant in part 

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

FTC v. HOME RELIEF FOUNDATION, INC., No. 1:14-cv-652 (W.D. Tex.)

Parties: Home Relief Foundation, Inc., d/b/a National Home Retention

John Dicristofalo

Josephine Amanda Dicristofalo

Assigned Attorneys: Emily B. Robinson (SWR)

 Luis H. Gallegos

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

 Services Rule in connection with the marketing and sale of mortgage 

 assistance relief services. 

Status: Complaint filed 7/14/14.

 Preliminary injunction entered 7/18/14.

 Stipulated order for permanent injunction and monetary judgment

entered 3/6/15.

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

Parties: Ideal Financial Solutions, Inc.

 Ascot Crossing, LLC

 Bracknell Shore, Ltd.

 Chandon Group, Inc.

 Avanix, LLC

 Fiscal Fitness, LLC

 Steven Sunyich 

 Michael Sunyich

 Christopher Sunyich

 Shawn Sunyich

 Melissa Sunyich Gardner 
38

 Kent Brown

 Shane Mosher

 Jared Mosher

 Thomas W. McNamara 

Assigned Attorneys: Megan Bartley (BCP/ENF) 

 Richard Michael Waller 

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

scheme to debit and charge consumers without authorization. 

Status: Complaint filed 1/28/13. 

 TRO entered 1/30/13. 

 Preliminary injunction entered 2/15/13. 

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

freeze against Jared Mosher filed 4/10/13.

 Preliminary injunction and asset freeze against Jared Mosher entered 5/10/13.

Settlement agreement between the Commission and Shawn Sunyich filed

3/12/14.

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

Consent judgment and permanent injunction against defendants Kent Brown

and Shawn Sunyich entered 6/5/14.

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

Shore, Ltd., Chandon Group, Inc., Fiscal Fitness, LLC, and Ideal

Financial Solutions entered 6/6/14.

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

Parties: Inbound Call Experts, LLC

 Advanced Tech Supportco, LLC

 PC Vitalware, LLC

 Super PC Support, LLC

 Robert D. Deignan

 Justin M. Wright

 PC Cleaner, Inc.

Netcom3 Global, Inc.

Netcom3, Inc.

Cashier Myricks, Jr.

Paul M. Herdsman

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

 Emily C. Burton

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

Telemarketing Sales Rule in connection with the marketing, advertising, and 

sale of computer security or technical support services.
39

Status: Complaint filed 11/10/14.

 TRO entered 11/12/14.

 Order granting preliminary injunction entered 12/23/14.

 Trial scheduled for 5/2/16.

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

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

Pro and Google Treasure Chest

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

Internet Income Pro and Google Treasure Chest

Two Warnings, LLC

Two Part Investments, LLC

Platinum Teleservices, Inc.

Jonathan Eborn

Stephanie Burnside

Michael McLain Miller

Tony Norton

Assigned Attorneys: Benjamin Theisman (BCP/ENF)

Michael Davis

Michael Bergman (OGC)

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

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

Status: Complaint filed 6/22/09.

Stipulated consent judgment and order for permanent injunction and other

equitable relief entered 10/4/10.

Commission’s motion to enter judgment holding defendant, Jonathan Eborn,

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

to motion filed 4/11/14; Commission’s reply filed 4/18/14;

Commission’s motion for leave to file amended response filed

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

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

Oral argument held 5/27/14.

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

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

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

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

FTC v. INSTANT RESPONSE SYSTEMS, LLC, No. 1:13-CV-00976 (E.D.N.Y.)

Parties: Instant Response Systems, LLC

 B.B. Mercantile, Ltd. 

 Medical Alert Industrial 
40

 Medical Alert Services

 Jason Abraham

 

Assigned Attorneys: Arturo DeCastro (BCP/MP)

 Paul Spelman

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

Telemarketing Sales Rule, and the Unauthorized Merchandise Statute in 

connection with unsolicited calls to elderly consumers to sell medical alert 

services.

Status: Complaint filed 2/25/13.

TRO entered 2/25/13.

Preliminary injunction entered 3/18/13. 

Default judgment against defendant Instant Response Systems entered

1/31/14.

Commission’s motion for summary judgment filed 6/6/14; Jason Abraham’s

motion to strike filed 7/24/14; Commission’s reply in support of

motion for summary judgment filed 8/15/14; Jason Abraham’s

informational supplement to motion to strike filed 12/10/14;

Commission’s reply in opposition to informational supplement of

Abraham filed 12/15/14.

Final judgment for permanent injunctive and other equitable relief entered

4/23/15.

FTC v. IVY CAPITAL, INC., No. 13-16052 (9th Cir.); No. 2:11-CV-00283 (D. Nev.)

Parties: Ivy Capital Inc. Virtual Profit, LLC

Fortune Learning Systems, LLC. Dream Financial

Fortune Learning, LLC. ICI Development Inc.

Vianet, Inc. Ivy Capital, LLC

Enrich Wealth Group, LLC Logic Solutions, LLC

Business Development Div., LLC Oxford Debts Holdings, LLC

Nevada Credit Division, LLC Revsynergy LLC 

Corporate Credit Division, LLC Sell IT Vizions, LLC

Tax Planning Division, LLC Kyle Kirchbaum

Zyzac Commerce Solutions, Inc. John Harrison

The Shipper, LLC Steven Lyman

3 Day MBA, LLC Benjamin Hoskins

Global Finance Group, LLC Christopher Zelig

Steven Sonnenberg James Hanchett

Joshua Wickman Cherrytree Holdings, LLC

Oxford Financial, LLC S&T Time, LLC

Virtucon LLC Curva, LLC

Mowab, Inc Keirsten Kirschbaum

Melyna Harrison Tracy Lyman 
41

Leanne Hoskins

Assigned Attorneys: Emily Burton (BCP/MP)

Shameka Gainey

Leslie Melman (OGC) 

Burke W. Kappler

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

Sales Rule in connection with the marketing and sale of get rich quick 

programs and the billing of consumers’ accounts.

Status: Complaint filed 2/22/11 

TRO entered 2/22/11.

Preliminary injunction entered 3/25/11.

Default as to defendants Business Development Division, LLC, 

Corporate Credit Division, LLC, Credit Repair Division, LLC, Nevada 

Corporate Division, Inc., and Tax Planning Division, LLC entered 4/4/11.

Motion for summary judgment by Defendant Benjamin Hoskins filed 8/8/12; 

Commission’s response filed

 9/18/12.

Motion for summary judgment by Defendant Leanne Hoskins filed 9/12/12.

Commission’s motion for summary judgment filed 9/12/12.

Stipulated final judgment and order for permanent injunction as to 30 

defendants and relief defendants entered 12/20/12. 

Order granting summary judgment entered 3/26/13.

Notice of appeal by Ben Hoskins, Dream Financial, Leanne Hoskins, and 

Oxford Financial filed 5/23/13. 

Order holding appeal in abeyance until post-judgment motion in district court 

is resolved entered 5/29/13. 

Order granting FTC’s motion for default judgment against Business 

Development Division, Corporate Credit Division, Credit Repair 

Division, and Tax Planning Division entered 6/26/13.

Final judgment and order for permanent injunction and monetary relief 

entered 7/5/13.

Amended notice of appeal filed 7/10/13.

 Appellant’s brief filed 12/16/13; Commission’s answering brief filed

2/21/14; appellant’s reply brief filed 3/28/14.

Oral argument scheduled for 8/12/15.

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

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

Parties: Jeremy D. Johnson Anthon Holdings Corp.

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

Blue Streak Progressing, Inc. Bolt Marketing, Inc.

Bottom Dollar, Inc. Bumble Marketing, Inc.
42

Business First, Inc. Business Loan Success, Inc.

CPA Upsell, Inc. CS Processing, Inc.

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

Costnet Discounts, Inc. Cutting Edge Processing, Inc. 

Diamond J Media, Inc. EBusiness First, Inc.

Ebusiness Success, Inc. Elite Debit, Inc.

Employee Plus, Inc. Excess Net Success, Inc.

Duane Fielding Fiscal Fidelity, Inc.

Fitness Processing, Inc. Funding Search Success, Inc. 

Funding Success, Inc. GG Processing, Inc.

GGL Rewards, Inc. Highlight Marketing, Inc.

Hooper Processing, Inc. I Works, Inc.

Internet Business Source, Inc. Internet Economy, Inc.

Internet Fitness, Inc. JRB Media, Inc.

Jet Processing, Inc. Andy Johnson

Loyd Johnston Scott Leavitt

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

Mist Marketing, Inc. Money Harvest, Inc.

Monroe Processing, Inc. Scott Muir

Net Business Success, Inc. Net Commerce, Inc.

Net Discounts, Inc. Net Fit Trends, Inc.

Net Success, Inc. Network Agenda, LLC

Optimum Assistance, Inc. Bryce Payne

Kevin Pilon Power Processing, Inc.

Premier Performance, Inc. Pro Internet Services, Inc.

Razor Processing, Inc. Rebate Deals, Inc.

Revive Marketing, Inc. Ryan Riddle

Simcor Marketing, Inc. Terrason Spinks

Success Marketing, Inc. Summit Processing, Inc.

Tran Voyage, Inc. TranFirst, Inc.

Unlimited Processing, Inc. Xcel Processing, Inc.

eCom Success, Inc.

Assigned Attorneys: Collot Guerard (BCP/MP)

J. Ronald Brooke 

 Burke Kappler (OGC)

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

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

government grants and money-making opportunities.

Status: Complaint filed 12/21/10.

TRO and asset freeze entered 1/13/11.

Preliminary injunction entered 2/10/11.

Notice of interlocutory appeal by defendant Jeremy Johnson (Appeal No. 11-

17265) filed 9/22/11; dismissed 6/27/12. 
43

Notice of interlocutory appeal by defendants Duane Fielding, Anthon 

Holdings Corp., and Network Agenda, LLC (Appeal No. 11-17265) 

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

Notice of appeal of order granting first omnibus motion for sale (Appeal No. 

12-15778) filed 4/6/12; appellant’s opening brief due but not filed 

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

Notice of appeal of order granting receiver’s motion for fees (Appeal No. 12-

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

9/7/12. 

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

Notices of appeal of order clarifying preliminary injunction (Nos. 13-15768 

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

appellants’ opening brief filed 5/17/13; Commission’s responsive 

brief filed 6/28/13; reply brief filed 7/15/13.

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

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

Motion for summary judgment against all liability and relief defendants filed 

11/26/13.

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

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

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

Stipulated final order for permanent injunction against defendants Big Bucks 

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

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

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

Inc., Optimum Assistance, Inc., Razor Processing, Inc., Simcor 

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

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

assets nominally owned by nonparties are subject to the preliminary 

injunction and asset freeze entered 4/8/14.

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

summary judgment entered 3/31/15.

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

(C.D. Cal.)

Parties: John Beck Amazing Profits, LLC

John Alexander, LLC

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

Mentoring of America, LLC

Family Products, LLC

Douglas Gravink

Gary Hewitt

John Beck

John Alexander

Jeff Paul
44

Assigned Attorneys: John D. Jacobs (WRLA)

Stacy R. Procter

Christina Tusan

Evan Rose (WRSF)

Kenneth H. Abbe 

Matthew Gold

Jack Metzler (OGC)

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

Sales Rule in connection with the marketing and sale of get rich quick 

programs and the billing of consumers’ accounts.

Status: Complaint filed 6/30/09.

Preliminary injunction entered 11/17/09.

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

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

Gravink should not be held in contempt of the preliminary injunction 

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

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

by defendants filed 8/15/11; Commission’s objection filed 8/24/11.

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

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

Order granting Commission’s motion for summary judgment and ordering 

supplemental briefing on scope of injunctive relief and monetary 

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

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

filed 5/21/12. 

Final order granting permanent injunction and other equitable relief entered 

8/23/12. 

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

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

10/9/12.

Appellant’s brief filed 2/19/13; Commission’s responsive brief filed 4/18/13; 

reply brief filed 5/2/13. 

Oral argument held 2/9/15. 

FTC v. K.I.P., LLC, No. 1:15-cv-02985 (N.D. Ill.)

Parties: K.I.P., LLC

Charles Dickey

Chantelle Dickey (a/k/a Chantelle Rudd, Chantelle Williams)

Ezell Williams and Associates, Corp.

Ezell Williams, LLC

Excel Receivables, Corp.

Second Chance Financial Credit, Corp.
45

Second Chance Financial, LLC

Payday Loan Recovery Group, LLC

Payday Loan Recovery Group

Payday Loan Recovery

International Recovery Services, LLC

International Recovery Services

D&R Recovery

Assigned Attorneys: William Hodor (MWR)

Theresa McGrew

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the Fair Debt Collection

Practices Act in connection with abusive and deceptive debt

collection practices.

Status: Complaint filed 4/6/15.

 TRO entered 4/7/15.

Preliminary injunction entered 4/21/15.

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

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

W. Lanier

 Fortress Law Group, LLC

 Surety Law Group, LLC

 Liberty & Trust Law Group of Florida, LLC

 Michael W. Lanier

Rogelio Robles, a/k/a Roger Robles

Edward William Rennick, III

 

Assigned Attorneys: Harold E. Kirtz (SERA)

 Marcela C. Mateo

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

 Services Rule in connection with the marketing and sale of mortgage 

 assistance relief services.

Status: Complaint filed 7/8/14.

 Ex parte TRO entered 7/11/14.

Preliminary injunction with asset freeze entered 8/1/14.

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

 filed 9/4/14.

 Amended complaint filed 12/22/14. 

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

opposition filed 1/30/15.
46

 Order granting preliminary injunction, as to defendants Fortress Law Group,

Redstone Law Group, Rogelio Robles, and Edward William Rennick,

III entered 2/6/15.

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

3/23/15.

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

FTC v. LASAROW, No. 1:15-cv-1614 (N.D. Ill.)

Parties: Avrom Boris Lasarow

 L Health Ltd.

 Kristi Z. Kimball

 New Consumer Solutions, LLC

Assigned Attorneys: Karen J. Mandel (BCP/AP)

 Guy G. Ward

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

Act in connection with the marketing of mobile device software applications 

called Mole Detective for the purported detection of melanoma.

Status: Complaint filed 2/23/15.

Stipulated final judgment and order for permanent injunction and other

equitable relief as to defendants Kristi Zuhlke Kimball and New

Consumer Solutions, LLC entered 4/30/15.

Default judgment and order for permanent injunction and other equitable

relief against L Health Ltd entered 5/29/15.

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

Parties: LeanSpa, LLC

NutraSlim, LLC

NutraSlim U.K. LTD

Boris Mizhen

Leadclick Media, Inc. 

Richard Chiang

Angelina Strano, Relief Defendant 

CoreLogic, Inc., Relief Defendant

Assigned Attorneys: Darren Lubetzky (NER)

 Michele Arington (OGC) 

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

Transfer Act in connection with the advertising, marketing, promotion,

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

 various websites.
47

Status: Complaint filed 11/07/11.

TRO granted in part 11/14/11.

Preliminary injunction entered 11/22/11.

Amended complaint filed 7/26/12. 

Motion for preliminary injunction against defendant Richard Chiang and 

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

by Angelina Strano filed 11/15/12; Commission’s reply filed 

1/29/12. 

Motion for stipulated preliminary injunction against Richard Chiang filed 

11/15/12. 

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

Preliminary injunction against relief defendant Angelina Strano entered 

1/29/13.

Second amended complaint filed 2/19/13. 

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

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

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

 Oral argument heard 6/18/13. 

Summary order and judgment by court of appeals affirming preliminary 

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

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

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

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

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

Joint motion for entry of stipulated order for permanent injunction and 

monetary judgment as to defendants LeanSpa, LLC, NutraSlim, LLC, 

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

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

Stipulated order for permanent injunction and monetary judgment as to 

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

and Boris Mizhen, and relief defendant Angelina Strano entered 

1/7/14. 

Commission’s motion for summary judgment against LeadClick and relief

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

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

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

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

6/10/14.

Judgment entered in favor of the Commission and State of Connecticut 

granting summary judgment against CoreLogic Inc. and LeadClick 

Media Inc. entered 3/6/15. 

Appeal of summary judgment and order of disgorgement by defendants

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

Notices of appeal filed 4/2/15.
48

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

 10/19/15.

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

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

Evan Sirlin

Assigned Attorneys: David O’Toole (MWR)

Marissa Reich

Rozina Cynthia Bhimani

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.

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

Parties: Lunada Biomedical, Inc.

Donna Kasseinova

Roman Trunin

Emil Arutyunov, a/k/a Emil Chiaberi

Assigned Attorneys: Michael Davis (BCP/ENF)

Shira Modell

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

FTC Action in connection with the sale of the dietary supplement Amberen.

Status: Complaint filed 5/5/15.

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
49

Serena Pisoni

Marcus Pradel

Victor Ramirez

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

Spin Mail, Inc.

Supreme Media, LLC

Trans National Concepts, Inc.

Vernier Holdings, Inc.

Assigned Attorneys: Guy Ward (MWR)

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

connection with sweepstakes scam.

Status: Complaint filed 5/18/15.

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.

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

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

 Makonnen Demessow Kebede

Tendenci Media LLC

 Sarah Brekke

 Mindkontrol Industries LLC

 Christopher Thomas Denovellis

 Anacapa Media LLC

 Wayne Calvin Byrd

 Bear Communications LLC

 James Matthew Dawson

 Network One Commerce Inc.

 Casey Lee Adkisson

 Erdi Development LLC

 Erdolo Levy Eromo

 Ocean Tactics LLC

 Fraser R. Thompson

 Phwoar LLC

 Darcy Michael Wedd

 Concise Consulting, Inc.

 MMJX Consulting, Inc.

 Michael Peter Pajaczkowski

Assigned Attorneys: Faye C. Barnouw (WRLA)

 Marciela Segura
50

 Barbara Y K Chun

Nicholas M. May

Kenneth H. Abbe

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

connection with placing unauthorized third-party charges on consumers’ 

mobile phone bills, or “cramming.”

Status: Complaint filed 7/3/14.

 TRO entered 7/3/14.

 First amended complaint filed 10/6/14.

 Motion to dismiss and motion to strike portions of complaint filed 11/7/14; 

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

 12/4/14.

Final orders for permanent injunction and monetary judgment against

defendants MDK Media Inc., Makonnen Demessow Kebede,

Tendenci Media LLC, Sarah Brekke, Mindkontrol Industries LLC,

Christopher Thomas Denovellis, Anacapa Media LLC, Wayne Calvin

Byrd II, Bear Communications LLC, James Matthew Dawson,

Network One Commerce Inc., and Casey Lee Adkisson entered

5/6/15.

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

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

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

 Commercial Industries of Palm Beach, LLC

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

 National of Delray Beach, LLC 

 State Power & Lighting, LLC

 Essex Industries, LLC

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

 Distributors

 Hansen Supply, LLC

 Environment Industries, LLC

 Mid Atlantic Industries, LLC

 B & E Industries, LLC

 Eric A. Epstein

 Brian K. Wallen

 Midway Management, LLC

Assigned Attorneys: Harris A. Senturia (ECR)

Amy C.Hocevar
51

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

the Unordered Merchandise Statute in connection with sale of light bulbs and 

cleaning supplies.

Status: Complaint filed 7/21/14.

TRO entered 7/21/14.

Order granting preliminary injunction with continued appointment of

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

Motion to file amended complaint naming three additional 

defendants: Andrew J. Stafford, Alan M. Landsman, and Brandon D. 

Riggs filed 6/2/15.

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

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

CashFourBusinesses

Rose Marketing LLC

Depaola Marketing LLC

Affiliate Marketing Group LLC

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

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

Affinity Technologies LLC

Marketing Expert Solutions LLC

Lukeroy K Rose, a/k/a Luke Rose

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

Solana Depaola

Jennifer Beckman

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

Richard Frost, a/k/a Richard Strickland

Dino Mitchell, a/k/a Dino Jones

Clinton Rackley a/k/a Clinton Fosse

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

Leary Darling

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

Della Frost, d/b/a ZoomDocs LLC

Christopher Grimes, d/b/a Elite Marking Strategies

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

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

USA LLC

Janine Lilly, d/b/a Doc Assistant

Michael Mcintyre, d/b/a McIntyre Marketing

Benny Montgomery, d/b/a Montgomery Marketing

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

Kendrick Thomas, d/b/a KT Advertising

Global Network Marketing, LLC

Precise Payroll Services, LLC

Strategic Media Advertising, LLC
52

Cynthia Miller, individually and as manager of Global Network Marketing 

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

Assigned Attorneys: Rhonda Perkins (BCP/MP)

 James Evans

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

and the Telemarketing Sales Rule concerning a telemarketing scheme

offering consumers business opportunities under a variety of names.

Status: Complaint filed 8/5/13.

TRO entered 8/5/13.

Preliminary injunction order entered 8/19/13.

Preliminary injunction as to defendants Cordell Bess, Clinton Rackley and 

Ronald Hobbs entered 9/13/13.

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

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

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

Amended complaints adding defendants Cynthia Miller, Global Network 

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

Advertising, LLC filed 1/9/14. 

Preliminary injunction modified 2/13/14. 

Preliminary injunction order with asset freeze and other equitable relief as to 

defendants Cynthia Miller, Global Network Marketing, LLC, and 

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

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

Payroll Services, LLC, and Strategic Media Advertising, LLC entered 

4/30/14.

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

Order holding defendant Lukeroy Rose in civil contempt of preliminary 

Injunction entered 8/27/14.

Motion to strike defendant Benny Montgomery’s answer to complaint filed 

11/21/14.

Order granting motion to strike defendant Benny Montgomery’s answer and 

directing clerk to enter default against Benny Montgomery entered 

12/10/14.

Motion for summary judgment against defendants Lukeroy Rose, Solana 

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

Claspell and Clinton Rackley filed 12/15/14.

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

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

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

Motion to stay all further proceedings as to defendant Jennifer Beckman until 

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

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

Claspell entered 1/21/15.
53

Motion to stay all further proceedings as to defendant Solana DePaola until 

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

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

2/12/15.

Order granting in part summary judgment against defendants Rose, Darling 

and Rackley entered 3/17/15.

Final judgment and orders for permanent injunction and equitable monetary 

judgment as to Lukeroy K. Rose, Clinton Rackley and Leary Darling 

entered 6/3/15.

Amended stipulated orders for permanent injunction and monetary judgment 

as to Jennifer Beckman, Solana DePaola, William D. Claspell and 

Lance Himes entered 6/3/15.

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

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

FTC v. MORTGAGE RELIEF ADVOCATES, LLC, No. 2:14-cv-5434 (C.D. Cal.)

Parties: Mortgage Relief Adovacates, LLC

 National Forensic Loan Audit Services, LLC

 Evertree, LLC

 Key Stone real Estate, LLC

Pablo Rodriguez

Michael Rodriguez

Assigned Attorneys: Christian V. Tusan (WRLA)

 Jason D. Schall (BCP/FP)

 Yaa A. Apori

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

Services in connection with the marketing and sale of mortgage assistance 

relief services.

Status: Complaint filed 7/14/14.

 Preliminary injunction entered 8/22/14.

 Commission’s motion for summary judgment as to all claims

 filed 3/27/15.

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

Parties: Mytel International, Inc.

 Gilbert N. Michaels

 Gerald Feldman

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

Elsie B. Kappler

 John D. Jacobs (WRLA)

 Mark S. Hegedus (OGC)
54

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

 Practices in connection with the sale of photocopier toner.

Status: Complaint filed 10/29/87.

 Final judgment entered 11/16/88.

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

 Defendants motion to stay filed 6/16/14.

 Order granting stay entered 11/6/14.

Order lifting stay entered 4/15/15.

FTC v. NATIONAL CHECK REGISTRY, No. 1:14-cv-0490 (W.D.N.Y)

Parties: National Check Registry, LLC

 Check Systems, LLC

 American Mutual Holdings, Inc.

 Goldberg Maxwell, LLC

 Morgan Jackson, LLC

 Mullins & Kane, LLC

 Buffalo Staffing, Inc.

 ECapital Services, LLC 

 Joseph C. Bella, III

 Diane L. Bella

 Luis A. Shaw

 Interchex Systems, LLC

Assigned Attorneys: Colin A. Hector (BCP/FP)

Nikhil Singhvi

Thomas J. Widor

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the Fair Debt Collection 

 Practices Act in connection with abusive and deceptive debt collection 

 practices. 

Status: Complaint filed 6/23/14.

 TRO entered 6/24/14.

 Stipulated preliminary injunction entered 7/10/14.

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

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

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

National Institute for Clinical Weight Loss, Inc.

Hi-Tech Pharmaceuticals, Inc.

Jared Wheat

Thomasz Holda
55

Michael Howell

Stephen Smith

Terrill Mark Wright, M.D.

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

Tawana E. Davis

Edward Glennon

Mary Johnson

Leslie Melman (OGC)

Amanda Basta (BCP/ENF) 

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

sale of a purported weight loss product.

Status: Complaint filed 11/10/04.

Final judgment entered 12/16/08.

Notice of appeal filed 2/4/09.

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

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

4/26/10.

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

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

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

Smith and Jared Wright in contempt filed 11/1/11; defendant’s

opposition filed 12/2/11. 

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

filed 3/21/12. 

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

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

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

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

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

Order finding defendants liable for contempt and ordering further 

proceedings on remedy entered 8/8/13.

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

Order holding defendants liable for contempt and directing compensatory 

sanctions to redress consumers entered 5/14/14.

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

Order by district court imposing coercive contempt sanction and directing 

that defendants Jared Wheat and Stephen Smith be incarcerated until 

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

Petition for mandamus by defendants Wheat and Smith seeking to overturn 

coercive contempt order filed 9/4/14; denied 9/4/14.

Notice of appeal from coercive contempt order and emergency motion for a 

stay by defendants Wheat and Smith filed 9/4/14; Commission’s 

opposition filed 9/5/14; motion for stay denied 9/5/14; motion to 
56

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.

FTC v. NEOVI, INC., Nos. 12-56658, 12-56735, 09-55093 (9th Cir.); No. 3:06-CV-01952 (S.D. 

Cal.)

Parties: Neovi, Inc., d/b/a Neovi Data Corporation and Qchex.com

G7 Productivity Systems, Inc., d/b/a Qchex.com

James M. Danforth

Thomas Villwock

iProlog Corporation

FreeQuick Wire Corporation

Assigned Attorneys: Korin Ewing Felix (BCP/ENF)

John D. Jacobs (WRLA)

Leslie Melman (OGC)

Jack Metzler

Alleged Conduct: Unfair practices in violation of Section 5 in connection with the offering and

sale of online check services.

Status: Complaint filed 9/19/06. 

Final order for permanent injunction and other equitable relief entered 

1/7/09.

Notice of appeal by defendants filed 1/16/09.

Motion for order to show cause why Thomas Villwock, James M.

Danforth, G7 Productivity Systems, Inc., iProlog Corporation, and

FreeQuick Wire Corporation should not be held in contempt filed

10/15/09.
57

Order requiring Commission to show cause why contempt motion should not

be dismissed entered 10/16/09; Commission’s response filed

10/21/09.

Order by district court staying contempt proceedings pending appeal entered

1/19/10. 

Opinion affirming district court order entered 5/14/10; amended 6/15/10.

Contempt proceedings reopened 5/14/10. 

Final order finding defendants Neovi, Productivity Systems, Thomas

Villwock, and James M. Danforth in contempt entered 7/11/12. 

Notice of appeal by defendants filed 9/7/12; Commission’s cross appeal filed

9/21/12.

Order by the Ninth Circuit requiring defendants to show cause why appellate

jurisdiction exists entered 9/24/12.

 Commission’s memorandum on jurisdiction filed 10/24/13. 

 Order dismissing appeal for lack of appellate jurisdiction entered 1/22/13. 

 Contempt hearing in district court held 8/12/13. 

Order finding that defendants failed to purge their noncompliance with

court’s 1/7/09 final order, and granting them 30 days to comply

entered 1/10/14.

 Commission’s motion to modify final order filed 2/10/14; defendant’s

opposition filed 3/6/14; Commission’s reply filed 3/13/14. 

 Order denying Commission’s motion to modify entered 8/25/14.

 Commission’s renewed motion to modify final order filed 12/1/14. 

FTC v. NPB ADVERTISING, INC., No. 8:14-cv-1155 (M.D. Fla.)

Parties: NPB Advertising, Inc., d/b/a Pure Green Coffee

 Nationwide Ventures, LLC

 Olympus Advertising, Inc.

 JMD Advertising, Inc.

 Signature Group, LLC

 Sermo Group, LLC

 Nicholas Scott Congleton

 Paul Daniel Pascual

 Bryan Benjamin Walsh

 Dylan Craig Loher (Relief Defendant)

 CPW Funding, LLC (Relief Defendant)

Assigned Attorneys: Elizabeth O. Tucci (BCP/AP)

 Katherine A. Campbell

 Mary L. Johnson

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

connection with the sale and marketing of purported dietary supplement Pure 

Green Coffee.
58

Status: Complaint filed 5/15/14.

 Amended complaint filed 2/5/15.

Joint motion for entry of stipulated order concerning assets of CPW Funding

LLC filed 3/10/15.

 Preliminary injunction and entry of stipulated order entered 3/23/15.

FTC v. ONLINEYELLOWPAGESTODAY.COM, INC., No. 2:14-cv-0838 (W.D. Wash.)

Parties: OnlineYellowPagesToday.com, Inc. 

USYellowPageDirectory.com, Inc.

7703236 Canada, Inc.

7095333 Canada, Inc.

Oni Nathifa Julien

Assigned Attorneys: Maxine R. Stansell (NWR)

Alleged Conduct: Violations of Section 5(a) of the FTC Act in connection with deceptive 

practices relating to internet

business directories.

Status: Complaint filed 6/9/14. 

 TRO entered 7/3/14.

 Permanent injunction and monetary judgment as to defendant Oni Nathifa

Julien entered 3/10/15.

FTC v. PAIRSYS, INC., No. 1:14-cv-1192 (N.D. N.Y.)

Parties: Pairsys, Inc.

 Tiya Bhattacharya

 Uttam Saha

Assigned Attorneys: Gideon E. Sinasohn (SER)

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

Telemarketing Sales Rule in connection with the sale of computer security 

services.

Status: Complaint filed 9/30/14.

 TRO entered 9/30/14.

 Stipulated preliminary injunction order entered 10/9/14.

Clerk’s entry of default as to Pairsys, Inc. entered 12/22/14.

Trial set for 2/9/16.

FTC v. PARTNERS IN HEALTH CARE ASSOCIATION, INC., No. 1:14-cv-23109 (S.D. Fla.)

Parties: Partners In Health Care Association, Inc.
59

 Gary L. Kieper 

 United Solutions Group, Inc. d/b/a Debt Relief Experts, Inc.

 Walter S. Vargas

Constanza Gomez Vargas

Assigned Attorneys: Gary L. Ivens (BCP/MP)

 Christopher E. Brown

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

 regarding the deceptive marketing of medical discount cards.

Status: Complaint filed 8/25/14.

 TRO entered 8/25/14.

 Preliminary injunction against Partners in Health Care Association and Gary

 L. Kieper entered 9/8/14.

 Corrected preliminary injunction against Partners in Health Care Association

and Gary L. Kieper entered 9/11/14.

Stipulated preliminary injunction against defendants United Solutions

 Group, Inc., Walter S. Vargas, and Constanza Gomez Vargas entered

 9/11/14.

 Motion for contempt as to Grumer & Macaluso, P.A. and Gary Kieper

 entered 10/23/14; motion denied 2/5/15.

 Order staying the case entered 5/4/15.

FTC v. PHILIP DANIELSON, LLC, No. 2:14-cv-896 (D. Nev.)

Parties: Philip Danielson, LLC

 Foundation Business Solutions, LLC

 Emerchant, LLC d/b/a Full Biz Solutions

 Linden Financial Group, LLC

 Acutus Law, P.C.

 Direct Results Solutions, LLC

 Strata G Solutions, LLC

 Philip J. Danielson

 Tony D. Norton

 Sean J. Coberly

 Tanya L. Hawkins a/k/a Tonya Hawkins

 Chad E. Vansickle

 Jennifer B. Danielson

 April D. Norton

Assigned Attorneys: Adam M. Wesolowski (BCP/FP)

 Thomas J. Widor
60

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

Mortgage Assistance Relief Services in connection with phony mortgage

relief scheme.

Status: Complaint filed 6/9/14.

TRO entered 6/23/14. 

Stipulated preliminary injunction as to Linden Financial Group, LLC entered

8/4/14.

Commission’s notice of voluntary dismissal of Jennifer B. Danielson filed

8/19/14; order of dismissal entered 8/19/14.

Default as to Acutus Law. P.C. Sean J. Coberly, Philip J. Danielson, Direct

Results Solutions, LLC, Foundation Business Solution, LLC, Tanya

L. Hawkins, Linden Financial Group, LLC, April D. Norton, Tony D.

Norton, Philip Danielson, LLC, Strata G Solutions, LLC, Chad E.

Vansickle, emerchant, LLC entered 10/17/14.

Order modifying Preliminary Injunction as to Linden Financial Group

entered 1/9/15.

Stipulated Final Orders for Permanent Injunction and Monetary Relief as to

defendants Philip Danielson LLC, Philip J. Danielson, Direct Results

Solutions LLC, Strata G Solutions LLC, Tony D Norton, relief

defendant April D. Norton, Sean J. Coberly, Actus Law PC, Tonya L.

Hawkins, Foundation Business Solutions LLC, emarchant LLC, and

Chad E. VanSickle entered 2/6/15.

Stipulated final order for permanent injunction and monetary relief as to

Linden Financial Group, LLC entered 4/3/15. 

FTC v. PREMIER DEBT ACQUISITIONS, No. 1:15-cv-00421 (W.D.N.Y.)

Parties: Premier Debt Acquisitions LLC, d/b/a PDA Group LLC

Prizm Debt Solutions LLC, d/b/a PDS, LLC

Samuel Sole and Associates, LLC, d/b/a SSA Group LLC, and also d/b/a 

 Imperial Processing Solutions

Charles Glander

Jacob Kirbis

Assigned Attorneys: Daniel Dwyer (BCP/FP)

LaShawn Johnson

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the Fair Debt Collection

Practices Act in connection with deceptive and abusive third-party debt

collection.

Status: Complaint filed 5/11/15.

Preliminary injunction entered 5/21/15.
61

FTC v. PRIMARY GROUP INC., No. 1:15-cv-01645 (N.D. Ga.)

Parties: Gail Daniels

June Fleming

The Primary Group Inc., f/k/a A Primary Systems Group Inc., d/b/a 

Primary Solutions and PSA Investigations

Assigned Attorneys: Kathryn Michelle Grajales (BCP/FP)

Colin Hector

Robin Rock (SER)

Alleged Conduct: Deceptive and unfair debt collection practices in violation of Section 5(a) of

the FTC Act and the Fair Debt Collection Practices Act.

Status: Complaint filed 5/11/15.

TRO entered 5/11/15.

Preliminary injunction entered 6/8/15.

FTC v. PROFESSIONAL CAREER DEVELOPMENT INSTITUTE, LLC, 

No. 1:15-cv-01872 (N.D. Ga.)

Parties: Professional Career Development Institute, LLC, d/b/a Ashworth College 

and Ashworth College Career Diploma

Assigned Attorneys: Brian Shull (BCP/FP)

Leah Frazier

S. Spencer Elg (SER)

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

connection with advertising, marketing, and selling of educational 

services.

Status: Complaint filed 5/26/15.

Stipulated order for permanent injunction and suspended monetary judgment

entered 6/4/15.

FTC v. PSC ADMINISTRATIVE, LLC, No. 1:15-cv-84 (S.D. Ala.)

Parties: PSC Administrative, LLC, f/k/a Payday Support Center, LLC

 Coastal Acquisitions, LLC

 Jared Irby

 Richard Hughes

Assigned Attorneys: Kathryn M. Grajales (BCP/FP)

 Miya Rahamim
62

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

 in connection with the deceptive marketing and sale of debt relief services.

Status: Complaint filed 2/18/15.

Stipulated preliminary injunction entered 3/5/15.

FTC v. RISE-N-SHINE, No. 2:15-cv-03301 (D. N.J.)

Parties: Cathy Beggan

Rise-N-Shine, LLC

Assigned Attorneys: Phyllis H. Marcus (BCP/AP)

Elizabeth Nach

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

Act in connection with claims that products prevent or reverse gray hair.

Status: Complaint filed 5/13/15.

Stipulated final judgment and order for permanent injunction and other 

equitable relief entered 5/20/15.

FTC v. SALE SLASH, LLC, No. 2:15-cv-03107 (C.D. Cal.)

Parties: Artur Babayan

Vahe Haroutounian

Sale Slash LLC

Purists Choice LLC

Assigned Attorneys: Matthew Wernz (MWR)

Raymond McKown

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

Act, and sections of the CAN-SPAM Act in connection with weight-loss

products.

Status: Complaint filed 4/27/15.

TRO entered 4/27/15.

Preliminary injunction entered 5/12/15.

FTC v. SITESEARCH CORP., No. 2:14-cv-02750 (D. Ariz.)

Parties: Sitesearch Corporation

 LeapLab, LLC

 Leads Company, LLC

 John Ayers

Assigned Attorneys: Richard M. Waller (BCP/ENF) 
63

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

Act in connection with the sale of payday loan applications containing 

consumer personal and financial information.

Status: Complaint filed 12/22/14.

 Commission’s motion for entry of default as to Sitesearch filed 2/12/15.

Clerk’s entry of default as to Sitesearch Corporation entered 2/13/15.

FTC v. ST. LUKE’S HEALTH SYSTEM, LTD., No. 14-35173 (9th Cir.); No. 1:13-CV-00116

 (D. Idaho)

Parties: St. Luke’s Health System Ltd. 

 Saltzer Medical Group 

Assigned Attorneys: J. Thomas Greene (WRSF) 

 Danica Noble (NWR) 

 Robert J. Schroeder 

 Douglas Eugene Litvack (BC) 

 Henry Chao-Lon Su 

 Matthew Paul Accornero

 Michael James Perry

Joel Marcus-Kurn (OGC)

Michael Bergman

Alleged Conduct: Violation of Section 7 of the Clayton Act resulting from hospital system’s 

acquisition of physician group. 

Status: Complaint filed 3/12/13. 

 Case consolidated with Saint Alphonsus Medical Center – Nampa, Inc. v. 

St. Luke’s Health System, Ltd. (No. 1:12-CV-00560) on 3/19/13.

Trial held 9/23/13 to 10/21/13. 

Closing argument held 11/7/13.

 Final judgment entered 2/28/14.

 Notice of appeal filed 3/7/14. 

 Motion for stay filed 3/4/14; Commission’s opposition to motion for

stay filed 3/28/14.

 Appellants’ opening brief filed 6/12/14.

Motion for stay denied by district court 6/18/14; temporary stay pending 

motion to Ninth Circuit entered 6/23/14.

Motion for stay in Ninth Circuit filed 6/24/14; Commission’s opposition 

filed 7/7/14.

 Commission’s answering brief due 8/13/14. 

 Oral argument held 11/19/14.

 Opinion and Judgment affirmed entered 2/10/15.
64

 Appellees’ motion to dissolve stay and expedite issuance of mandate filed

2/18/15; denied 3/4/15.

 Appellants’ petition for panel rehearing and rehearing en banc filed 3/26/15.

 Petition for rehearing denied 4/21/15.

FTC v. SUN BRIGHT VENTURES, LLC, No. 5:14-cv-2153 (M.D. Fla.)

Parties: Sun Bright Ventures, LLC 

 Citadel ID Pro, LLC

 Benjamin Todd Workman

 Trident Consulting Partners, LLC (relief defendant)

 Glenn Erikson

Assigned Attorneys: Russel Deitch (BCP/MP)

 Thomas M. Biesty

 Tracey T. Gronniger

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

Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act in 

connection with soliciting consumers about free products and services.

Status: Complaint filed 7/1/14.

 TRO entered 9/4/14.

 Stipulated preliminary injunctions entered 9/18/14.

 Trial set for 11/30/15. 

FTC v. TRUDEAU, No. 12-6 (S. Ct.); Nos. 08-4249 10-2418, 10-1383, 13-1746, 13-1747, and 

13-1898 (7th Cir.); Nos. 1:03-CV-03904, 1:98-CV-00168 (N.D. Ill.)

Parties: Kevin Trudeau

 Shop America (USA), LLC

 Robert Barefoot

 Deonna Enterprises, Inc.

 Karbo, Inc.

 Karbo Enterprises, Inc.

 Sop America Marketing Group

 TruStar Global Media

 K.T. Corp.

 TruCom, LLC

 Law Offices of Marc J. Lane

 Winston & Strawn LLP

 Website Solutions USA (WSU)

 Global Information Network USA (GIN USA)

 KT Radio Network (KTRN)

 Nataliya Babenko
65

Assigned Attorneys: Michael P. Mora (BCP-ENF)

 Jonathan Cohen

 David O’Toole (MWR)

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

with the sale of a dietary supplement; civil contempt for violations of a 

1998 stipulated permanent injunction against Kevin Trudeau in 

connection with infomercial sales of a weight loss book; civil contempt 

for failure to comply with 2010 contempt sanction.

Status: Complaint filed 6/9/03.

 Stipulated final order for permanent injunction and settlement of

claims for 

monetary relief as to defendants Kevin Trudeau, Shop America 

(USA), LLC, Shop America Marketing Group, LLC, Trustar Global 

Media, Limited and Relief defendants K.T. Corporation, Limited and 

TruCom, LLC, including monetary relief of approximately $2.1 

million entered 9/3/04.

* * * * *

Motion to show cause why defendant Trudeau should not be held in civil 

contempt for violating permanent injunction, filed 9/13/07.

Order finding Trudeau in contempt for violating permanent injunction 

entered 11/16/07.

Hearing on remedy for violating permanent injunction held 7/22-25/08. 

Judgment confirming 11/16/07 order, requiring monetary payment by 

Trudeau, and providing for other relief entered 8/7/08.

Commission’s motion to amend/correct judgment filed 8/21/08; response by 

Trudeau filed 9/22/08; Commission’s reply filed 10/7/08, corrected 

10/21/08.

Supplemental order and judgment entered 11/4/08.

Motion by Trudeau to alter or stay judgment pending appeal filed 11/13/08; 

Commission’s response filed 11/26/08; Trudeau’s reply filed 12/3/08; 

order denying motion entered 12/11/08.

Notice of appeal (08-4249) filed 12/16/08.

Appellant’s emergency motion for stay pending appeal filed 12/23/08; 

Commission’s response in opposition filed 1/5/09; appellant’s reply 

filed 1/7/09.

Order denying emergency motion for stay pending appeal entered 1/21/09.

Appellant’s brief filed 2/17/09.

Motion by Appellant to file supplemental jurisdictional memorandum filed 

3/5/09; order granting motion entered 3/12/09; supplemental 

jurisdictional memorandum filed 3/12/09.

Commission’s answering brief filed 3/19/09.

Appellant’s reply brief filed 4/2/09.
66

Oral argument held 5/14/09.

Seventh Circuit Opinion affirming Trudeau contempt finding but vacating 

and remanding on monetary payment and other relief entered 8/27/09.

* * * * *

Commission’s renewed motion to modify stipulated final order for 

permanent injunction as to defendant Trudeau filed 11/13/09; 

defendant’s response in opposition filed 12/17/09; Commission’s 

reply filed 2/1/10; defendant’s sur-reply filed 3/12/10.

Commission’s renewed motion for compensatory monetary remedy as to 

defendant Trudeau filed 11/13/09; defendant’s response in opposition 

filed 12/17/09, supplemented 1/19/10; Commission’s reply filed 

2/1/10; defendant’s sur-reply filed 3/12/10.

Order finding defendant Trudeau in criminal contempt of court entered 

2/11/10; modified 2/17/10.

Notice of appeal (10-1383) of criminal contempt order filed 2/17/10.

Order staying payment of fine pending appeal entered 2/24/10.

Trudeau’s motion to stay proceedings pending appeal filed 3/9/10; order 

denying motion entered 3/12/10.

Supplemental order modifying the stipulated order for permanent injunction 

and awarding monetary relief entered 4/16/10. 

Trudeau’s motion to amend the supplemental order filed 4/22/10; 

Commission’s response in opposition filed 5/7/10; Trudeau’s reply 

filed 5/21/10; Commission’s sur-reply filed 6/1/10.

Commission’s motion to amend the supplemental order filed 5/7/10; 

Trudeau’s response filed 5/21/10.

Seventh Circuit Opinion (10-1383) vacating finding of criminal contempt 

and remanding for further proceedings entered 5/20/10.

* * * * *

Corrected supplemental order modifying the stipulated order for permanent 

injunction and awarding monetary relief entered 6/2/10.

Notice of appeal (10-2418) of supplemental and corrected supplemental 

orders filed 6/11/10.

Trudeau’s emergency motion for stay pending appeal filed 6/15/10; 

Commission’s response filed 6/23/10; Trudeau’s reply filed 6/28/10; 

order denying motion filed 7/14/10.

Trudeau’s brief filed 7/23/10; Commission’s brief filed 8/23/10; Trudeau’s 

reply filed 9/13/10. 

Oral argument held 9/24/10.

Seventh Circuit opinion affirming contempt sanctions and modification of 

decree, issued 11/29/11.

Trudeau’s petition for rehearing en banc filed 1/13/12; denied 1/30/12.
67

Trudeau’s petition of certiorari filed 6/28/12; Commission’s brief in 

opposition filed 8/27/12; Trudeau’s reply brief filed 9/11/12.

Certiorari denied 10/9/12.

* * * * *

Motion for coercive contempt order to compel Trudeau to comply with 

6/2/10 order requiring payment of $37 million contempt sanction, 

filed by Commission 7/16/12

Trudeau’s opposition filed 9/25/12 

Commission’s reply filed 10/15/12.

Order holding that the Commission has established prima facie showing of 

Trudeau’s contempt for failing to pay sanction, and ordering that 

Trudeau file a sworn financial statement and appear at a hearing 

entered 12/6/12.

* * * * *

Order granting Commission’s motions to compel Trudeau’s attorneys 

(Winston & Strawn LLP, and Law Offices of Marc J. Lane) and 

Trudeau-controlled entities (GIN USA, KTRN, and WSU) to comply 

with subpoenas, issued 3/7/13.

Motion to hold Lane, GIN USA, KTRN, and WSU in contempt for failing to 

comply with order compelling subpoenas filed by Commission 

4/1/13; Motion to file supporting documents under seal filed by 

Commission 4/1/13.

Order denying motion to file documents under seal issued 4/4/13.

Notices of appeal (13-1746 and 13-1747) of order denying motion to file 

under seal, filed by Trudeau, Winston & Strawn, Lane, GIN USA, 

KTRN, and WSU (“Trudeau appellants”), filed 4/9/13 .

Trudeau appellants’ motions for emergency stay pending appeal filed with 

7th Circuit 4/9/13; 7th Circuit emergency stay issued 4/10/13.

Trudeau appellants’ motion for stay pending appeal filed with 7th Circuit on

4/12/13; Commission’s opposition filed 4/17/13; 7th Circuit order 

vacating emergency stay issued 4/19/13; Trudeau appellants’ motion 

to reconsider filed 4/19/13; 7th Circuit order denying reconsideration 

issued 7/24/13. 

Trudeau appellants’ motion to dismiss case as moot filed 4/26/13; appeals 

(13-1746 and 13-1747) dismissed 4/29/13.

* * * * *

Trudeau bankruptcy petition filed 4/22/13. 

Trudeau motion to stay discovery in district court contempt proceeding filed 

4/23/13; Commission’s opposition brief and motion for ruling that 

automatic stay does not apply to contempt proceeding, filed 4/24/13; 
68

Trudeau opposition to Commission’s motion filed 4/25/13; District 

court order granting Commission’s motion issued 4/26/13.

Notice of appeal (13-1898) filed by Trudeau 4/26/13; Trudeau’s motion for 

stay pending appeal filed 4/26/13; Commission’s opposition filed 

4/29/13.

Seventh Circuit order denying stay issued 4/30/13. 

Trudeau’s appeal voluntarily dismissed 5/24/13.

Bankruptcy proceeding dismissed 5/28/13.

* * * * *

Motion to hold defendant in contempt filed 7/13/12; evidentiary hearings 

before district court on Commission’s motion to hold Trudeau in 

contempt for failing to pay civil contempt sanction, held 5/21/13 and 

6/26-27/13. 

Writ ne exeat ordering Trudeau to surrender passport and not to leave the 

United States until further order of court issued 6/25/13. 

Order partially granting motion to hold Trudeau in contempt entered 7/26/13.

Order finding Trudeau in contempt of court and directing the US Marshall to 

take him into custody entered 9/18/13; order releasing Trudeau from 

custody entered 9/19/13.

Order finding Trudeau in contempt of court and ordering him incarcerated 

entered 10/17/13; order releasing Trudeau from custody to prepare for 

criminal contempt trial entered 10/28/13.

Order directing that Trudeau be incarcerated to coerce compliance with 

court’s prior orders, such coercive incarceration to be independent of 

any incarceration resulting from Trudeau’s recent conviction for 

criminal contempt, entered 11/21/13.

Order suspending Trudeau’s civil sentence pending completion of his 

criminal sentence entered 3/19/14.

FTC v. UNIFIED GLOBAL GROUP, No. 1:15-cv-00422 (W.D.N.Y.)

Parties: ARM WNY, LLC

Audubon Financial Bureau LLC

Anthony Coppola

Domenico D’Angelo, a/k/a Dominick D’Angelo

Unified Global Group, LLC

Assigned Attorneys: Lisa Rothfarb (BCP/FP)

Seena Gressin

Heather Allen

Rebecca Unruh
69

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

the FDCPA, in connection with abusive and unfair debt collection 

practices.

Status: Complaint filed 5/11/15.

Ex parte TRO entered 5/12/15.

Stipulated preliminary injunction as to Anthony Coppola entered 6/26/16.

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

WNY LLC; Audubon Financial Bureau LLC; and Domenico

D’Angelo entered 6/26/16.

FTC v. VANTAGE POINT SERVICES, No. 1:15-cv-00006 (W.D.N.Y)

Parties: Vantage Point Services, LLC

 Payment Management Solutions, Inc.

 Bonified Payment Solutions, Inc.

 Gregory Mackinnon

Megan Vandeviver

Angela Burdorf

Joseph Ciffa

Assigned Attorneys: Colin A. Hector (BCP/FP)

Jason Adler

Peter W. Lamberton

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

Fair Debt Collection Practices Act in connection with debt collection 

activities.

Status: Complaint filed 1/5/15.

 TRO entered 1/5/15.

Preliminary injunction with asset freeze entered 5/15/15.

FTC v. WEALTH EDUCATORS, INC., No. 2:15-cv-2357 (W.D. Cal.)

Parties: Wealth Educators, Inc. d/b/a Family 1st Preservations, d/b/a Family 1st 

Home Loans, d/b/a Legal Affiliates & Associates, d/b/a Legal Educators & 

Co., d/b/a Family 1st Home Prevention, d/b/a Legal Educators USA & Co., 

d/b/a Stargate Mutual & Associates, d/b/a Providence Financial Advocates, 

d/b/a Providence Financial Audits

Assigned Attorneys: Eleanor Durham (NWR)

Barbara Y K Chun (WRLA)

 Maxine R. Stansell

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) of the FTC Act and 
70

the Mortgage Assistance Relief Services Rule in connection with home 

loans.

Status: Complaint filed 3/31/15.

TRO entered 4/6/15.

Permanent Injunction entered 4/29/15.

FTC v. WILLIAMS, SCOTT & ASSOCIATES, LLC, No. 1:14-cv-1599 (N.D. Ga.)

Parties: Williams, Scott & Associates, LLC

 WSA, LLC

 John Williams

 Chris Lenyszyn

Assigned Attorneys: Marcela C. Mateo (SER)

 Robin L. Rock

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

Act and the Fair Debt Collection Practices Act in connection with abusive 

and deceptive debt collection.

Status: Complaint filed 5/27/14.

TRO with asset freeze entered 5/28/14.

Stipulated preliminary injunction entered 6/19/14.

Amended complaint filed 9/24/14.

Commission’s motion to hold defendant John Williams in contempt

for violations of the stipulated preliminary injunction order

filed 11/10/14; granted 12/2/14.

Clerk’s entry of default as to John Williams; Williams Scott &

Associates; and WSA LLC entered 12/12/14.

Order imposing contempt sanctions against defendants John Williams;

Williams Scott and Associates LLC and WSA LLC, as well as

Sterling Ross and entities associated with it, entered 12/22/14.

Commission’s motion for default judgment against defendants John

Williams, Williams, Scott & Associates LLC, and WSA, LLC

filed 3/6/15.

FTC v. WORLDWIDE INFO SERVICES, INC., No. 6:14-cv-0008 (M.D. Fla.)

Parties: Worldwide Info Services, Inc.

Elite Information Solutions, Inc.

Absolute Solutions, Inc.

Global Interactive Technologies, Inc.

Global Service Providers, Inc.

The Credit Voice, Inc.

Live Agent Response, LLC
71

Arcagen, Inc.

American Innovative Concepts, Inc.

Unique Information Services Inc.

Michael Hilgar

Gary Martin

Joseph Settecase

National Life Network, Inc.

Yuluisa Nieves

 

Assigned Attorneys: David A. O’Toole (MWR)

Marissa J. Reich 

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

Sales Rules in connection with robocalls to senior citizens marketing a

purportedly free medical alert system.

Status: Complaint filed 1/6/14.

Order granting temporary restraining order and asset freeze entered 1/7/14.

Stipulated preliminary injunction entered 1/24/14.

Amended complaint filed 2/25/14.

Stipulated preliminary injunction with asset freeze, appointment of a

receiver, and other equitable relief as to defendants national Life

Network, Inc. and Yuluisa Nieves entered 5/12/14.

Order dismissing without prejudice defendant The Credit Voice entered

5/14/14.

Permanent injunction and judgment in favor of the Commission entered

11/13/14.

Motion for default judgment against Live Agent Response 1 LLC entered

12/5/14.

Order granting motion for default judgment in part and ordering permanent

injunctive and monetary relief against Live Agent entered 3/6/15.

FTC v. WV UNIVERSAL MANAGEMENT, LLC, No. 6:12-CV-01618 (M.D. Fla.)

Parties: WV Universal Management, LLC, d/b/a Treasure Your Success 

Leading Production, LLC

Global Financial Assist, LLC

HES Merchant Services Company, Inc.

Business First Solutions, Inc.

Voiceonyx Corp.

Universal Processing Services of Wisconsin, LLC

Derek Depuydt 

Hal E. Smith 

Jonathon E. Warren

Ramon Sanchez-Ortega 

Willy Plancher
72

Valbona Toska

Assigned Attorneys: Christopher Panek (ECR)

Fil M. de Banate

Jonathan Kessler

Michael Milgrom

Mark Hegedus (OGC)

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

Sales Rule in connection with sale of services that will purportedly reduce 

consumers’ credit card interest rates. 

Status: Complaint filed 10/29/12. 

Order granting preliminary injunction entered 11/14/12. 

Amended complaint filed 6/18/13. 

Motion to dismiss by HES Merchant Services Company filed 8/7/13; 

Commission’s response filed 8/23/13.

Motion for summary judgment by Universal Processing Services filed

8/16/13; Commission’s opposition filed 9/16/13; reply filed 9/30/13.

Stipulated order for permanent injunction and final judgment as to defendants 

Willy Plancher, Valbona Toska, WV Universal Management LLC, 

Global Financial Assist LLC, and Leading Production LLC entered 

9/23/13.

Commission’s motion for summary judgment filed 6/30/14; defendant

Derek Depuydt’s opposition brief filed 7/29/14; Business First

Solutions, VoiceOnyx Corp., and Jonathon Warren’s brief in

opposition filed 7/30/14; affidavit in opposition by Hal Smith filed

8/1/14.

Permanent injunction and final judgment as to defendant Ramon

Sanchez-Ortega entered 10/6/14.

Order granting Commission’s motion for summary judgment entered 

11/18/14.

Stipulated permanent injunction and final order as to Derek Depuydt

entered 11/19/14.

Stipulated order for permanent injunction and final judgment as to

defendants, Jonathon Warren, Business First Solutions Inc. and

Voiceonyx Corp. entered 11/19/14.

Permanent injunction and final judgment as to defendants Hal E. Smith

and HES Merchant Services Company, Inc. entered 2/11/15.

Order granting motion for equitable monetary relief judgment against

defendants Hal E. Smith, HES Merchant Services Company, Inc.,

and Universal Processing Services of Wisconsin, LLC entered

2/11/15.

Permanent injunction and final monetary judgment as to defendant Universal

Processing Services of Wisconsin, LLC entered 5/19/15.
73

FTC v. WYNDHAM WORLDWIDE CORP., No. 14-3514 (USCA Third Cir); No. 2:13-CV-01887; 

3:13-cv-1887 (D.N.J.); No. 2:12-CV-1365 (D. Ariz.)

Parties: Wyndham Worldwide Corp.

Wyndham Hotel Group, LLC

Wyndham Hotels and Resorts, LLC

Wyndham Hotel Management Inc. 

Assigned Attorneys: Kevin Moriarity (DPIP)

Andrea Arias

Jacqueline Connor

John Krebs

Allison Lefrak

Katherine McCarron

James Trilling

Shameka Walker

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

connection with failing to maintain reasonable of appropriate data security of 

consumer for consumers sensitive information.

Status: Complaint filed 6/26/12.

Defendants’ motion to dismiss filed 8/27/12; Commission’s response

filed 10/1/12; defendants’ reply filed 10/23/12. 

Motion for leave to file amicus curiae briefs filed by the Chamber

of Commerce and the International Franchise Association filed

10/5/12. 

Defendants’ motion to transfer venue to the District of New Jersey granted

3/25/13. 

Order denying defendants’ motions to dismiss and amici’s motions to file

briefs, subject to refiling in the District of New Jersey entered

3/25/13. 

Defendants’ motions to dismiss re-filed 4/26/13; Commission’s opposition

filed 5/20/13; defendants’ reply filed 6/10/13. 

Order denying defendant’s motion to dismiss entered 6/23/14; order granting

defendant’s motion for leave for interlocutory review entered 6/23/14.

 Notice of appeal filed 8/5/14.

Wyndham’s opening brief filed 10/6/14; Commission’s answering brief

filed 11/5/14; Wyndham’s reply brief filed 12/8/14.

 Oral argument held 3/3/15.

 Supplemental memoranda requested by the Court during oral argument filed

3/27/15.
74

FTC v. YOUR YELLOW PAGES, INC., No. 1:14-cv-22129 (S.D. Fla.)

Parties: Your Yellow Pages, Inc., d/b/a EBS Collections 

 Rapid Pages, Inc., d/b/a Rapid Yellow Pages

 City Pages, Inc., d/b/a Online City Yellow Pages

 Donovan B. Hinds, a/k/a Donavan B. Hinds

 Andrew Beitler

 Ernest Baxter, a/k/a Ernest Baster, a/k/a Carl Jenkins

Assigned Attorneys: Anna M. Burns (SER)

 Steven S. Elg 

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

connection with the sale of business directories. 

Status: Complaint filed 6/9/14.

Stipulated preliminary injunction order as to Andrew Beitler, Rapid Pages,

Inc., Your Yellow Pages, Inc., City Pages, Inc., and Donovan B. 

Hinds entered 6/23/14.

 Preliminary injunction order as to Andrew Beitler, Rapid Pages, Inc., Your

Yellow Pages, Inc., City Pages, Inc., and Donovan B. Hinds entered

6/23/14.

Orders of entry of default as to City Pages, Inc. and Your Yellow Pages, Inc.

entered 8/20/14. 

Default final judgment as to defendants Your Yellow Pages, Inc., City Pages,

Inc., and Ernest Baxter entered 10/29/14.

Commission’s motion for summary judgment as to defendants Beitler and 

Hinds filed 2/23/15. 

Order granting summary judgment in favor of Commission as to defendant

 Beitler entered 3/26/15.

Final judgment in favor of the Commission as to defendant Beitler entered

4/3/15.

 Final judgment in favor of Commission as to defendant Rapid Pages, Inc. 

entered 6/11/15.

 
75

CIVIL PENALTY AND ENFORCEMENT CASES*

(A) Consumer Protection

FTC v. ABERNATHY MOTOR COMPANY, No. 3:14-cv-00063 (E.D. Ark.)

Parties: Abernathy Motor Company 

Wesley Abernathy

David Abernathy

Assigned Attorneys: Eric N. Roberson (SWR)

Reid Abram Tepfer

Alleged Conduct: Violations of Section 5, the Magnuson-Moss Act and the Used Car Rule for

failure to display Buyers Guide providing warranty and other information on

used vehicles for sale.

Status: Complaint filed 3/12/14.

Stipulated order for permanent injunction and civil penalty judgment entered

6/10/15.

FTC v. CARIBBEAN CRUISE LINE, No. 0:15-cv-60423 (S.D. Fla.)

Parties: Caribbean Cruise Line, Inc.

 Linked Services Solutions, LLC

 Economic Strategy, LLC

 Pacific Telecom Communications Group

 International Telephone Corporation

 International Telephone, LLC

 T M Caller ID, LLC

 Telephone Management Corporation

 Scott Broomfield

 Jason Birkett

 Jacob Dejongh

 Fred A. Accuardi

 Steve Hamilton

Assigned Attorneys: Bikram Bandy (BCP/MP)

 Gary Ivens

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

ancillary equitable relief may also be sought.
76

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

connection with robocalls.

Status: Complaint filed 3/3/15.

Motion by Commission to approve consent judgment as to defendants

Caribbean Cruise Line, Inc., Linked Services Solutions, LLC, Scott

Broomfield, Jason Birkett, Economic Strategy, Jacob Dejongh and

Steve Hamilton filed 3/3/15.

Amended complaint filed 5/18/15.

UNITED STATES v. COMMERCIAL RECOVERY SYSTEMS, No. 4:15-cv-0036 (E.D. Tex.)

Parties: Commercial Recovery Systems, Inc.

 Timothy Ford 

 David Devany

Assigned Attorneys: Anne D. Lejeune (SWR)

 Heide L. Herrmann (DOJ)

Alleged Conduct: Violations of Section 5 of the FTC Act and the Fair Debt Collection

 Practices Act in connection with collecting auto loan and credit card debts. 

Status: Complaint filed 1/20/15.

UNITED STATES v. CREDIT SMART, LLC, No. 2:14-cv-4650 (E.D.N.Y.)

Parties: Credit Smart, LLC d/b/a United Abstract

 Henry Stark & Associates

 Star Processing

 Credit Star, LLC

 Credit Start Finance, LLC

 CS Processing

 Card Smart, Inc.

 Paystar International, LLC

 United Abstract Group

 U.S. Receivables Services, Inc.

 Barry Calvagna

 Dawn Veneroni

 Anthony Picone

 Lauren Picone

Assigned Attorneys: Colin Hector (BCP/ FP)

 Daniel Dwyer

 James Reilly Dolan 

 Peter Lamberton

James W. Harlow (DOJ/CPB)
77

 John Vagelatos (AUSA)

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the FDCPA regarding unfair, 

abusive, or deceptive debt collection practices.

Status: Complaint filed 8/5/14.

Government’s motion to approve consent judgment for permanent injunction 

and civil penalty judgment filed 8/7/14.

Stipulated permanent injunction and civil penalty judgment entered 

9/22/14.

Motion to alter judgment by Credit Smart, LLC filed 3/30/15; granted

 3/31/15.

UNITED STATES v. DANIEL CHAPTER ONE, Nos. 15-5155, 10-5370 (D.C. Cir.); No. 1:10-

CV-01362 (D.D.C.)

Parties: Daniel Chapter One

James Feijo

Assigned Attorneys: Laura Kim (BCP/ENF)

 Brad Winter

 Jessica R. Gunder (DOJ/CPB)

Alleged Conduct: Violation of an FTC final cease and desist order in connection with 

defendants’ continued deceptive advertising, promotion, and sale of supposed 

cancer-cure products and failure to send required notification to prior 

purchasers of such products.

Status: Complaint filed 8/13/10.

United States’ motion for preliminary injunction filed 8/25/10.

Defendants’ motion to dismiss filed 9/1/10.

Order denying United States’ and defendants’ motions, and staying case 

pending resolution of defendants’ appeal of the Commission’s cease 

and desist order entered 9/14/10.

Notice of appeal by United States filed 11/12/10. United States’ motion to

 dismiss appeal voluntarily by United States filed 1/3/11.

Stay lifted 3/7/11.

United States’ motion for preliminary injunction filed 3/11/11; opposition 

filed 3/25/11; reply filed 4/1/11.

Defendants’ motion for stay filed 3/25/11; opposition filed 4/1/11; reply filed 

 4/8/11; motion denied 5/10/11.

United States’ motion for preliminary injunction entered 6/22/11.

United States’ motion for order to show cause why Daniel Chapter One,

James Feijo, and Patricia Feijo should not be held in contempt of

6/22/11 order filed 7/29/11.
78

 United States’ motion for summary judgment on liability filed 9/30/11;

 opposition filed 10/21/11; reply filed 11/30/11.

Order finding defendants in contempt entered 5/9/12; contempt purged and 

order vacated 5/24/12. 

 Summary judgment on liability in favor of the United States entered 

9/24/12.United States’ motion for entry of final judgment filed 

4/14/14; defendants’ response filed 5/19/14; reply filed 6/6/14.

 Order granting United States’ motion for entry of final judgment entered 

3/31/15.

Defendants’ notice of appeal filed 5/29/15.

UNITED STATES v. DISH NETWORK LLC., No. 13-2282 (7th Cir.); 3:09-CV-03073 (C.D. Ill.)

Parties: Dish Network L.L.C.

Assigned Attorneys: Russell Deitch (BCP/MP) 

Gary Ivens (BCP/MP)

Patrick Runkle (DOJ/CPB)

Lisa Hsiao (DOJ/CPB)

Alleged Conduct: Violations of Section 5 and the Telemarketing Sales Rule in connection with 

abandoned calls and telephone calls to consumers on the National Do Not 

Call registry.

Status: Complaint filed 3/25/09.

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

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

filed 9/11/09.

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

Defendant’s motion for reconsideration or interlocutory appeal filed 

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

2/4/10.

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

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

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

motion to compel entered 12/9/10.

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

Defendants’ motion to stay action under doctrine of primary jurisdiction filed 

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

Order directing the parties to file an administrative complaint with the FCC, 

to obtain its interpretation of statutory language entered 2/4/11.

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

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

 Amended complaint filed 3/12/13. 

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

Order denying petition for mandamus entered 7/3/13. 
79

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.

Trial scheduled for 1/5/16.

UNITED STATES v. FEATURE FILMS FOR FAMILIES, INC., Nos. 2:12-CV-00811, 2:11-

CV-00419 (D. Utah); No. 4:11-CV-00197 (N.D. Fla.)

Parties: Feature Films for Families, Inc.

Corporations for Character LC

Family Films of Utah, Inc.

Forrest Sandusky Baker, III

Assigned Attorneys: Peter G. Fisher (AUSA)

Daniel M. Bacza (DOJ/CPB)

Michael Tankersley (BCP)

Arturo DeCastro

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

Sales Rule in connection with telemarketing to induce the purchase of goods 

or services, and to induce charitable contributions, telemarketing calls to 

consumers on the Do-Not-Call list.

Status: Complaint filed 5/5/11.

Defendants’ motion to dismiss for failure to state a claim and for

improper venue filed 7/25/11; United States’ memo in opposition

filed 8/8/11; order denying motion entered 10/25/11.

Defendants’ counterclaim against the United States filed 11/14/11.

United States’ motion to dismiss counterclaims for lack of jurisdiction filed

12/21/11; response in opposition filed 1/09/12; motion denied

5/19/12.

Case transferred to the District of Utah 8/20/12.

Case consolidated with Corporation for Character v. FTC,

 No. 2:11-CV-00419, on 9/6/12.

Defendants’ motion for partial summary judgment filed 9/6/12; United

States’ opposition filed 12/14/12.

United States’ motion for partial summary judgment filed 3/1/13.

United States’ second motion for partial summary judgment filed 5/17/13;
80

opposition filed 7/19/13; reply filed 7/30/13.

Hearing on motions for partial summary judgment held 1/16/14.

United States’ supplemental memorandum regarding motion for summary

judgment filed 2/14/14; defendants’ reply to supplemental

memorandum filed 3/7/14.

Order granting in part and denying in part defendants’ motion for partial

summary judgment and granting in part and denying in part United

States’ motion for partial summary judgment entered 3/31/15.

FTC v. LARRY S. GLICKLER, No. 3:15-cv-00019 (S.D. Ohio)

Parties: Larry S. Glickler d/b/a Bradford-Connelly & Glickler Funeral Home

Assigned Attorneys: Dana C. Barragate (ECR)

Kerala T. Cowart (DOJ)

Alleged Conduct: Violations of the Trade Regulation Rule Concerning Funeral Industry 

Practices in connection with deceptive advertising of caskets.

Status: Complaint filed 1/20/15.

Consent decree entered 1/23/15.

FTC v. LENTINE, No. 1:15-cv-0033 (E.D. Tenn.)

Parties: Lou Lentine

Viatek Consumer Products Group, Inc.

Assigned Attorneys: Susan E. Arthur (SWR)

Alleged Conduct: Violations of Section 5(a) of the FTC Act in connection with the deceptive 

promotion or offering for sale of Viatek Mosquito Shield Bands.

Status: Complaint filed 2/17/15.

Defendants’ motion to dismiss filed 4/20/15; Commission’s response filed

5/4/15.

Trial scheduled for 8/16/16.

FTC v. RAMEY MOTORS, INC., No. 1:14-cv-29603 (S.D.W.V.)

Parties: Ramey Motors, Inc.

Ramey Automotive Group, Inc.

Ramey Automotive, Inc.

Ramey Chevrolet, Inc.

Assigned Attorneys: Lemuel W. Dowdy (BCP/ENF)
81

Alleged Conduct: Violations of Section 5 of the FTC Act and the Truth in Lending Act

regarding car financing and leasing. 

Status: Complaint filed 12/11/14.

FTC v. ROSS-CLAYTON FUNERAL HOME, INC., No. 2:13-cv-851 (M.D. Ala.)

Parties: Ross-Clayton Funeral Home, Inc.

David C. Ross

Eleanor Lewis Dawkins

Assigned Attorneys: P. Connell McNulty (BCP/MP)

 Patricia Hsue

Alleged Conduct: Violations of the Commission’s Trade Regulation Rule Concerning Funeral 

Industry Practices by failing to show people a printed or typewritten casket 

price list.

Status: Complaint filed 11/21/13. 

Defendants’ motion to dismiss filed 1/28/14; denied 5/7/15.

Commission’s motion for summary judgment filed 4/27/15; defendants’ 

opposition filed 6/30/15.

(B) Competition

(None pending)
82

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS

IN RE AEGIS MOBILE, LLC, No. 1:13-MC-524 (D.Md)

Parties: Aegis Mobile, LLC

Assigned Attorneys: Burke Kappler (OGC)

 Leslie R. Melman

Alleged Conduct: Application for an order pursuant to 28 U.S.C. § 1782 to obtain information 

from Aegis Mobile LLC on behalf

 of the Competition Bureau, Canada, for use in foreign proceedings.

Status: Application filed 11/1/13; granted 11/1/13. 

 Commission’s motion to compel compliance with subpoena filed 1/28/14; 

granted 1/31/14.

 Motion to vacate court’s 1/31/17 order filed 2/4/14; Commission’s response 

filed 2/6/14; Aegis Mobile’s reply filed 2/7/14; order granting motion in part 

entered 2/10/14. 

 Aegis Mobile’s opposition to Commission’s motion to compel 

compliance with subpoena filed 2/14/14; Commission’s surreply 

filed 3/14/14; 

 Aegis Mobile’s response to surreply filed 3/21/14.

 Hearing held 6/5/14.

 Order denying Aegis Mobile’s motion to vacate, denying in part and granting 

in part Aegis Mobile’s motion to quash entered 8/4/14.

 Status Report submitted by Commission filed 10/30/14.

 Status Report submitted by Aegis Mobile field 10/30/14.

 Updated status report submitted by Commission filed 1/22/15. 

FTC v. BOEHRINGER INGELHEIM PHARMACEUTICALS, INC., No. 12-5393 (D.C. Cir.); 

No. 1:09-MC-00564 (D.D.C.)

Parties: Boehringer Ingelheim Pharmaceuticals, Inc.

Assigned Attorneys: Mark Hegedus (OGC)

Leslie R. Melman

David C. Shonka

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

Status: Petition filed 10/23/09.

Order to show cause entered 12/4/09.

Matter transferred to magistrate judge 12/1/10. 

Status conference held on 10/24/11.
83

Hearing on merits held 12/09/11.

Order denying Commission’s petition as to financial analysis documents and

ordering Boehringer to redact and produce the remaining records

entered 9/27/12.

Order holding that Boehringer failed to conduct an adequate search of its

electronically stored information, and ordering Boehringer to run

additional searches entered 10/16/12. 

Commission’s notice of appeal filed 12/11/12.

Boehringer’s motion to dismiss appeal filed 1/28/13; Commission’s response

in opposition filed 2/11/13; Boehringer’s reply filed 2/22/13; order

denying motion to dismiss entered 4/12/13.

Commission’s initial brief filed 6/28/13; appellees’ brief filed 8/28/13;

Commission’s reply brief filed 9/11/13; appellee’s final brief filed

10/3/13.

Argument held 10/14/14.

Opinion reversing and remanding to district court entered 2/20/14. 

Boehringer’s petition for rehearing en banc filed 4/6/15; Commission’s

response filed 5/19/15; denied 6/4/15.

Boehringer’s motion to stay pending a petition for certiorari filed 6/11/15;

Commission’s opposition filed 6/22/15. 

FTC v. PAGLIA, No. 2:14-cv-1480 (D. Nev.)

Parties: Ralph Paglia

Assigned Attorneys: Blaine T. Welsh (AUSA)

Imad D. Abyad (OGC)

Leslie T. Melman (OGC)

Alleged Conduct: Petition for an order to enforce CID.

Status: Petition filed 9/12/14. 

Order enforcing CIDs entered 10/28/14.

Commission’s contempt motion filed 1/6/15; motion to withdraw filed

4/23/15; granted 4/24/15.

FTC v. RECKITT BENCKISER PHARMACEUTICALS, INC., No. 3:14-mc-00005 (E.D. Va.)

Parties: Reckitt Benckiser Pharmaceuticals, Inc.

Assigned Attorneys: Burke W. Kappler (OGC)

Robert P. McIntosh (AUSA)

Alleged Conduct: Petition for an order to enforce a CID

Status: Petition filed 8/8/14.
84

Reckitt Benckiser Pharmaceuticals’ motion to transfer filed 9/3/14;

Commission’s brief in opposition to motion to transfer filed

9/12/14; Order denying motion to transfer entered 9/24/14. 

Commission’s motion to enforce CID filed 11/24/14; Reckitt’s brief in

opposition filed 12/8/14; Commission’s reply brief filed 12/15/14.

Memorandum Opinion directing Reckitt to produce documents for in camera

review by Special Master entered 3/10/15.

Parties’ replies to Special Master filed 4/24/15; evidentiary hearing held

5/8/15.

Special Master’s motion for clarification filed 5/28/15; order denying

Reckitt’s position on scope of in camera review entered 6/1/2015.

 

FTC v. THE WESTERN UNION CO., Nos. 13-3100, 13-3272 (2d. Cir.); No.1:13-MC-00131

(S.D.N.Y) 

Parties: The Western Union Company

Lonnie Keene

Keene Consulting Arizona, LLC

Assigned Attorneys: Burke Kappler (OGC)

 Leslie R. Melman 

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

Status: Petition filed 4/15/13. 

 Hearing held 5/28/13. 

 Enforcement order entered 6/6/13; revised 6/7/13.

Motion by Western Union for clarification or reconsideration filed 6/17/13;

Commission’s opposition filed 6/19/13; motion denied 6/20/13. 

 Notice of appeal by Commission filed 8/14/13; cross appeal by Western

Union filed 8/27/13.

Application for contempt by Commission filed 11/8/13; response by Western 

Union filed 11/27/13; reply filed 12/5/13; stipulated order resolving 

contempt entered 12/9/13.

Commission’s opening appeal brief filed 11/27/13; Western Union’s 

answering and cross-appeal brief filed 2/26/14; Commission’s 

response and reply brief filed 4/28/14; Western Union’s reply on 

cross-appeal filed 5/22/14.

Oral argument held 9/10/14.

Second Circuit court opinion holding that the district court erred in not 

enforcing the CID entered 10/8/14.

Joint memorandum of law filed 3/6/15.
85

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION

AYUDA INC. ET AL. v. FTC, No. 1:13-CV-1266 (D.D.C)

Parties: Ayuda, Inc.

Catholic Charities of the Archdiocese of Washington DC

Catholic Legal Immigration Network, Inc.

Legal Aid Justice Center

Assigned Attorneys: Michelle Lo (AUSA)

 Jack Metzler (OGC)

Nature of Action: Action alleging violation of the Freedom of Information Act.

Status: Complaint filed 8/20/13

Amended complaint filed 12/2/13.

Commission’s motion for summary judgment filed on 2/12/14; Ayuda’s 

opposition and cross-motion for summary judgment filed 4/8/14; 

Commission’s reply/cross-opposition due 7/17/14; Ayuda’s reply to 

opposition to cross-motion for partial summary judgment filed 

7/31/14.

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

summary judgment and denying Ayuda’s cross-motion for partial 

summary judgment entered 9/30/14. 

 Order referring case to mediation entered 3/10/15.

 Mediation held 4/9/15.

BASIC RESEARCH v. FTC, No. 15-4014 (10th Cir.); No. 2:09-CV-00779 (D. Utah)

Parties: Basic Research 

 A.G. Waterhouse

Sovage Dermalogic Laboratories

Carter-Reed Company, LLC

Dynakor Pharmacal

Dennis Gay

Mitchell K. Friedlander

Assigned Attorneys: Lemuel Dowdy (BCP/ENF)

Frank Gorman 

Mark Hegedus (OGC)

Gerald Kell (DOJ/CPB)

Jeannette Swent (AUSA)
86

Nature of Action: Declaratory judgment action claiming violations of plaintiffs’ free speech 

and due process constitutional rights in connection with advertising for 

weight loss products. 

Status: Complaint filed 8/31/09.

Motion to dismiss complaint filed 10/30/09; plaintiffs’ response in 

opposition filed 12/23/09; Commission’s reply filed 1/22/10; 

plaintiffs’ sur-reply filed 4/1/10.

Plaintiffs’ motion to consolidate case with United States v. Basic Research, 

L.L.C., No. 2:09-CV-00972 (D. Utah) filed 11/6/09; Commission’s 

response in opposition filed 11/23/09; plaintiffs’ reply filed 12/14/09.

Oral argument on pending motions held 5/6/10.

Memorandum decision denying motion to dismiss complaint and granting 

motion to consolidate case with United States v. Basic Research, 

L.L.C., No. 2:09-CV-00972 entered 5/23/11.

Plaintiffs’ motion for partial summary judgment filed 8/17/11; Commission’s 

opposition filed on 9/28/11; reply filed 11/01/11; order granting motion for 

partial summary judgment entered 6/1/12; hearing held 5/31/12. 

Commission’s motion for partial summary judgment filed 5/24/12.

Plaintiff’s motion for summary judgment and opposition to Commission’s 

motion for partial summary judgment filed 9/12/12; Commission’s 

response filed 1/31/13; plaintiff’s reply memorandum filed 3/29/13.

 Hearing on pending summary judgment motions held 5/22/13. 

Judgment in favor of the plaintiff and dismissing the 

Commission’s complaint and claims with prejudice entered 12/18/14.

 Commission’s notice of appeal filed 2/13/15. 

 Order granting appellants’ motion for voluntary dismissal entered 3/4/15.

CAUSE OF ACTION v. FTC, No. 13-5335 (D.C. Cir.); No. 1:12-CV-00850 (D.D.C.)

Parties: Cause of Action 

Assigned Attorneys: Peter Maier (AUSA) 

Michael Bergman (OGC) 

Dione Stearns 

Nature of Action: Action alleging violation of the Freedom of Information Act.

Status: Complaint filed 5/25/12.

Commission’s motion for summary judgment filed 9/28/12; plaintiff’s 

opposition brief filed 11/28/12; Commission’s reply brief filed 1/25/13. 

Opinion and order granting in part and denying in part the Commission’s 

motion for summary judgment entered 8/19/13.

Final consent judgment entered 9/12/13.

Notice of appeal filed 11/14/13.
87

 Appellant’s brief filed 5/6/14; Commission’s answering brief filed

8/6/14; appellant’s reply brief filed 9/24/14.

 Oral argument held 1/13/15.

CENTER FOR DIGITAL DEMOCRACY v. FTC, No. 1:14-cv-02084 (D.D.C.)

Parties: Center for Digital Democracy

Assigned Attorneys: Marian L. Borum (AUSA)

 Bradley Grossman (OGC)

Nature of the Action: Freedom of Information Act action regarding the release of records.

Status: Complaint filed 12/11/14.

Commission’s motion for summary judgment filed 3/23/15; plaintiff’s 

opposition and cross-motion for summary judgment filed 5/20/15; 

Commission’s reply filed 6/10/15; plaintiff’s reply filed 6/24/15.

COMPASSION OVER KILLING v. FTC, No. 15-15107 (9th Cir.); No. 3:13-cv-1385 (N.D. Cal.)

Plaintiffs: Compassion Over Killing 

Animal Legal Defense Fund

Elizabeth Barrett

Adrea Bock

Linda Calbreath

Jason Canada

Jeri Opalk

Humberto Retana

Defendants: Food and Drug Administration and Margaret Hamburg, Commissioner

Agriculture Marketing Service and David R. Shipman, Administrator

Food Safety and Inspection Service and Alfred V. Almanza, Administrator

Federal Trade Commission and Edith Ramirez, Chairwoman

Assigned Attorney: Michele Arington (OGC)

Ann Entwistle (DOJ/CPB)

Jeffrey E. Sandberg (DOJ/CIV)

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

Procedure Act in connection with petitions requesting rulemakings to revise 

or create new labeling requirements for eggs. 

Status: Complaint filed 3/28/13.

 Amended complaint filed 3/27/14.

 Plaintiffs’ motion for summary judgment filed 7/23/14; government’s 

opposition and cross-motion for summary judgment filed 8/27/14; 
88

plaintiffs’ reply/response filed 9/26/14; government’s reply brief filed 

10/27/14.

 Order denying plaintiffs’ motion for summary judgment and granting the 

government’s motion for summary judgment entered 12/23/14.

 Notice of Appeal filed 1/20/15. 

 Appellants’ opening brief filed 6/16/15; government’s brief due 9/8/15.

DESPOT v. ALLIED INTERSTATE, INC., No. 2:15-cv-0015 (W.D. Pa.)

Parties: David Despot

Assigned Attorneys: Paul D. Kovac (AUSA)

Nature of Action: Allied violations of the FCRA, FDCPA, TCPA, FTCA, in connection with

student loan repayment.

Status: Complaint filed 1/6/15.

FRANKEL v. UNITED STATES, No. 1:13cv546 (Fed. Cl.)

Parties: David Frankel

Assigned Attorneys: Jessica R. Toplin (DOJ)

 Olga Vaytsman (OGC)

Nature of Action: Action alleging that the Commission failed to conduct the Robocall 

Challenge in accordance with its own published rules.

Status: Complaint filed 8/6/13.

Motion to dismiss by USA filed 10/28/13; defendant’s response filed 

11/7/13; reply filed 11/26/13; sur-reply filed 12/3/13.

Opinion granting in part and denying in part motion to dismiss entered 

8/27/14.

Plaintiff’s motion for summary judgment filed 4/6/15; Commission’s

response and cross motion filed 5/4/15; Plaintiff’s reply filed 5/23/15;

Commission’s reply filed 6/19/15.

Oral argument scheduled for 7/14/15.
89

PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA v. FTC, No. 14-

5182 (D.C. Cir.); No. 1:13-cv-01974 (D.D.C)

Parties: Pharmaceutical Research and Manufacturers of America

Assigned Attorney: Michele Arington (OGC) 

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

Procedure Act challenging the FTC’s issuance of a rule that addresses when a 

transaction involving the transfer of rights to a patent in the pharmaceutical 

industry is reportable under the HSR Act.

Status: Complaint filed 12/12/13.

Motion for Summary Judgment filed by PhRMA 2/7/14; Commission’s

opposition and cross-motion for summary judgment filed 3/10/14;

PhRMA’s reply and opposition to cross-motion filed 3/24/14;

Commission’s reply brief filed 3/31/14.

Memorandum Opinion denying PhRMA’s motion for summary judgment

and granting Commission’s cross-motion for summary judgment

entered 5/30/14.

Notice of appeal filed 7/25/14.

PhRMA’s brief filed 11/10/14; Commission’s brief filed 12/10/14; reply 

brief filed 12/24/2014.

Oral argument held 3/24/15.

Opinion affirming district court judgment entered 6/9/15.

 

REITINGER v. FTC, No. 1:15-cv-00725 (D.D.C.)

Parties: Philip Reitinger

Assigned Attorneys: Burke Kappler (OGC)

Michele Arington

Nature of Action: Action alleging violation of Freedom of Information Act.

Status: Complaint filed 5/13/15.
90

AMICUS CURIAE BRIEFS or PARTIAL INTERVENTIONS

AMERICAN SALES COMPANY v. WARNER CHILCOTT COMPANY., LLC, No. 14-2071

(1st Cir.)

Assigned Attorneys: Mark Hegedus (OGC)

Nature of Action: Private action involving antitrust claims that branded pharmaceutical firms

involved in the sale of Loestrin 24 FE made reverse payment to generic 

company in exchange for the latter’s promise to drop its patent challenge.

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

plaintiffs-appellants filed 6/16/15.

BATMAN v. FACEBOOK, No. 13-16819 (9th Cir.)

Assigned Attorneys: Imad Abyad (OGC)

Joel Marcus

Nature of Action: Private action concerning Facebook’s use of users’ names and images for 

advertisements without their consent.

Status: Brief of Federal Trade Commission as amicus curiae disagreeing with 

district court’s view of federal preemption regarding the Children’s

Online Privacy Protection Act filed 3/20/14.

Oral argument set for 9/17/15.

BUCHANAN v. NORTHLAND GROUP, INC., No. 13-2523 (6th Cir.)

Assigned Attorneys: Jack Metzler (OGC)

 Nature of Action: Private action addressing the practice of sending debt collection notices for

time-barred debts.

Status: Brief of the Consumer Financial Protection Bureau and the Federal Trade

Commission as amici curiae in support of the district court’s 

denial of Northland Group’s motion to dismiss filed 9/4/13.

Commissions’ amicus motion requesting leave to appear at oral

 argument filed 8/25/14; order granting motion entered 9/23/14.

Oral argument held 10/7/14.

Opinion and judgment of the district courts is reversed, and the case

is remanded entered 1/13/15.

Order denying Northland Group’s petition for rehearing en banc 

entered 3/13/15.
91

HERNANDEZ v. WILLIAMS, ZINMAN & PARHAM, P.C., No. 14-15672 (9th Cir.)

Assigned Attorneys: Burke Kappler (OGC)

Nature of Action: Private action involving provision of Fair Debt Collection Practices Act

requiring that debt collectors provide notice to consumers advising

them of their rights to dispute or obtain verification of the debt.

Status: Brief of the Consumer Financial Protection Bureau and the Federal Trade

Commission as amici curiae in support of appellant and reversal filed

8/20/14.

Answering brief of Williams, Zinman & Parham LLC filed 11/28/14.

Reply brief of Maria Hernandez filed1/8/15.

IN RE LAMICTAL DIRECT PURCHASER ANTITRUST LITIGATION, No. 14-1243 (3rd Cir.);

 No.2:12-CV-00995 (D.N.J.)

Assigned Attorneys: Markus Meier (BC)

Jamie R. Towey

Melanie J. Brown

Mark S. Hegedus (OGC)

Nature of Action: Private action involving antitrust claims that an exclusive license that 

effectively prevents a branded company from launching an authorized 

generic constitutes a payment-for-delay in restraint of trade. 

Status: Brief of the FTC as amicus curiae, opposing defendants’ motion to dismiss, 

filed 10/5/12. Order granting motion to dismiss filed 12/6/12. 

 Notice of appeal filed 12/21/12. 

Order, staying appeal pending the Supreme Court’s decision in FTC v. 

Actavis, Inc. entered 2/26/13.

Defendants motion to remand case back to district court filed 6/20/13; 

appellants’ response filed 6/25/13. 

Court of appeals order remanding the case to the district court for further 

proceedings entered 7/2/13.

District court order reaffirming order of dismissal entered 1/24/14.

Notice of appeal docketed 1/30/14.

Commission’s brief as amicus curiae in support of appellants filed 4/28/14.

Commission’s motion for leave to participate in oral argument filed 7/16/14.

 Oral argument held 11/19/14. 

 Opinion vacating judgment of district court and remanding for further

 proceedings entered 6/26/15.
92

MORAN v. THE SCREENING PROS, No. 12-57246 (9th Cir.)

Assigned Attorney: Jack Metzler (OGC)

Nature of Action: Private action involving a Fair Credit Reporting Act provision limiting

the time period for listing misdemeanors on a report.

Status: Brief of the Consumer Financial Protection Bureau and the Federal Trade 

Commission as amici curiae filed in support of plaintiff’s Section 605(a) 

 claim filed on 10/7/13.

 Argument held 2/2/15. 

MOTOROLA MOBILITY, LLC V. AU OPTRONICS CORP., No. 14-8003 (7th Cir.); 

No. 1:09-cv-06610 (E.D. Ill.)

Assigned Attorneys: Mark S. Hegedus (OGC)

Nature of Action: Private antitrust action involving the standard for assessing effects on U.S.

commerce in applying the Foreign Trade Antitrust Improvements Act.

Status: Brief of the United States and the Federal Trade Commission as amicus 

curiae in support of petition for rehearing en banc filed 6/27/14.

Order granting panel rehearing entered 7/1/14.

Brief of the United States and the Federal Trade Commission as amicus 

curiae on the merits of the case filed 9/5/14.

Oral argument held 11/13/14.

Opinion affirming district court entered 11/26/14.

Motorola Mobility’s petition for rehearing en banc filed 12/17/14.

Order denying Motorola Mobility’s petition for rehearing en banc entered 

1/12/15.

Motorola’s petition for writ of certiorari filed 3/16/15; petition denied 

6/15/15.

MYLAN PHARMACEUTICALS, INC v. CELGENE CORP., No. 2:14-cv-02094 (D.N.J.)

Assigned Attorneys: Kara L. Monahan (BC)

Nature of Action: Private action addressing the question of whether, and to what extent,

antitrust law places limits on a private company’s ability to block generic

access to its brand product.

Status: Brief of the FTC as amicus curiae in opposition to defendant’s motion to

 dismiss filed 6/17/14.

 Order granting in part and denying in part motion to dismiss entered 

12/23/14.

Motion to certify order denying motion to dismiss for interlocutory appeal 

entered 1/6/15; granted 1/30/15.
93

SYKES v. MEL S. HARRIS AND ASSOCIATES LLC, No. 13-2742 (2d Cir.)

Assigned Attorneys: Jack Metzler (OGC)

 David M. Gossett (CFPB)

Nature of Action: Class action suit brought by consumers against a group of affiliated 

debt-buying companies, alleging violations of the Fair Debt 

Collection Practices Act.

Status: Brief of Federal Trade Commission and the Consumer Financial 

Protection Bureau supporting plaintiffs filed 11/13/13.

Oral argument held 2/7/14.

 Motion to hold appeal in abeyance entered 1/14/15.

Order denying motion to hold appeal in abeyance entered 1/16/15.

Opinion affirming judgment of the district court entered 2/10/15.

 Appellants’ petition for rehearing en banc filed 2/24/15.

Order denying petition entered 4/3/15.