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112 3195

UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

__________________________________________

 )

In the Matter of ) AGREEMENT CONTAINING

 ) CONSENT ORDER

FILIQUARIAN PUBLISHING, LLC; )

)

CHOICE LEVEL, LLC; and )

)

JOSHUA LINSK, )

individually and as an officer )

of the companies, ) FILE NO.

Respondents. )

__________________________________________

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

investigation of certain acts and practices of Filiquarian Publishing, LLC; a corporation; Choice

Level, LLC; a corporation; and Joshua Linsk, individually and as an officer of the corporations

(“proposed respondents”). Proposed respondents, having been represented by counsel, are

willing to enter into an agreement containing a consent order resolving the allegations contained

in the attached draft complaint. Therefore,

IT IS HEREBY AGREED by and between Filiquarian Publishing, LLC; Choice Level,

LLC; by their duly authorized officer, Joshua Linsk; and Joshua Linsk, individually, and counsel

for the Federal Trade Commission that:

1.a. Proposed respondent Filiquarian Publishing is a Minnesota corporation with its principal

office or place of business at 3722 Las Vegas Boulevard S. #2807E, Las Vegas, NV

89158. 

1.b. Proposed respondent Choice Level, LLC is a Minnesota corporation with its principal

office or place of business at 3722 Las Vegas Boulevard S. #2807E, Las Vegas, NV

89158.

1.c. Proposed respondent Joshua Linsk is an officer of the corporate respondents. 

Individually or in concert with others, he formulates, directs, or controls the policies,

acts, or practices of the corporation. His principal office or place of business is the same

as that of Filiquarian Publishing, LLC and Choice Level, LLC.
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2. Proposed respondents admit that the Commission has jurisdiction in this matter.

3. Proposed respondents waive:

A. Any further procedural steps;

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

of fact and conclusions of law; and

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

of the order entered pursuant to this agreement.

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

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

it, together with the draft complaint, will be placed on the public record for a period of

thirty (30) days and information about it publicly released. The Commission thereafter

may either withdraw its acceptance of this agreement and so notify proposed

respondents, in which event it will take such action as it may consider appropriate, or

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

decision in disposition of the proceeding.

5. Proposed respondents neither admit nor deny any of the allegations in the draft

complaint, except as specifically stated in this order. Only for purposes of this action,

proposed respondents admit the facts necessary to establish jurisdiction.

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

acceptance is not subsequently withdrawn by the Commission pursuant to the provisions

of Section 2.34 of the Commission’s Rules, the Commission may, without further notice

to proposed respondents, (1) issue its complaint corresponding in form and substance

with the attached draft complaint and its decision containing the following order in

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

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

set aside in the same manner and within the same time provided by statute for other

orders. The order shall become final upon service. Delivery of the complaint and the

decision and order to proposed respondents’ address as stated in this agreement by any

means specified in Section 4.4(a) of the Commission’s Rules shall constitute service. 

Proposed respondents waive any right it may have to any other means of service. The

complaint may be used in construing the terms of the order. No agreement,

understanding, representation, or interpretation not contained in the order or the

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

7. Proposed respondents have read the draft complaint and consent order. They understand

that they may be liable for civil penalties in the amount provided by law and other

appropriate relief for each violation of the order after it becomes final.
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ORDER

DEFINITIONS

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

1. Unless otherwise specified, “respondents” shall mean Filiquarian Publishing, LLC, a

corporation; Choice Level, LLC, a corporation; their successors and assigns, and officers;

Joshua Linsk, individually and as an officer of the corporations; and each of the above’s

agents, representatives, and employees. 

2. The definitions set forth in the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681a,

et seq., shall apply.

3. “Clear and prominent” shall mean: 

i. In textual communications (e.g., printed publications or words displayed on the

screen of a computer), the required disclosures are unavoidable and of a type,

size, and location sufficiently noticeable for an ordinary consumer to read and

comprehend them, in print that contrasts with the background on which they

appear;

ii. In communications disseminated orally or through audible means (e.g., radio or

streaming audio), the required disclosures are delivered in a volume and cadence

sufficient for an ordinary consumer to hear and comprehend them; 

iii. In communications disseminated through video means (e.g., television or

streaming video), the required disclosures are in writing in a form consistent with

subparagraph (i) of this definition and shall appear on the screen for a duration

sufficient for an ordinary consumer to read and comprehend them, and in the

same language as the predominant language that is used in the communication;

and

iv. In all instances, the required disclosures are presented in an understandable

language and syntax, and with nothing contrary to, inconsistent with, or in

mitigation of the disclosures used in any communication of them. 

4. “Commerce” shall mean as defined in Section 4 of the Federal Trade Commission Act,

15 U.S.C. § 44.

5. “Permissible purpose” shall mean the circumstances under which a consumer report may

be furnished as described in Section 604 of the FCRA, 15 U.S.C. § 1681b. 
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I.

IT IS ORDERED that respondents, whether acting directly or through any sole

proprietorship, partnership, limited liability company, corporation, subsidiary, branch, division,

or other business entity, in connection with the compilation, creation, sale, or dissemination of

any consumer report, are hereby prohibited from:

A. Furnishing a consumer report to any person which respondents do not have reason

to believe has a permissible purpose under Section 604(a) of the FCRA, 15

U.S.C. § 1681b(a);

B. Failing to maintain reasonable procedures designed to limit the furnishing of

consumer reports to the purposes listed under Section 604(a) of the FCRA, 15

U.S.C. § 1681b(a), as set forth in Section 607(a) of the FCRA, 15 U.S.C. §

1681e(a);

C. Failing to maintain reasonable procedures to assure the maximum possible

accuracy of the information concerning the individual about whom a consumer

report relates, as required by Section 607(b) of the FCRA, 15 U.S.C. § 1681e(b);

D. Failing to provide the “Notice to Users of Consumer Reports: Obligations of

Users Under the FCRA” (“User Notice”) required by Section 607(d) of the

FCRA, 15 U.S.C. § 1681e(d), to all users of respondents’ consumer reports. 

Provided, however, that respondents may provide an electronic copy of the User

Notice to a user if: (a) in the ordinary course of business, the user obtains

consumer report information from respondents in electronic form, and (b) the

notice is clear and prominent; and

E. Failing to provide the Notice to Furnishers of Information: Obligations of

Furnishers Under the FCRA (“Furnisher Notice”) required by Section 607(d) of

the FCRA, 15 U.S.C. § 1681e(d), to all furnishers of consumer report information

to respondents. Provided, however, that respondents may provide an electronic

copy of this notice to a furnisher if: (a) in the ordinary course of business, the

furnisher provides consumer report information to respondents in electronic form,

and (b) the notice is clear and prominent. 

II.

IT IS FURTHER ORDERED that, for five (5) years after the date of issuance of this

order, respondents, and their successors and assigns, shall maintain and upon request make

available to the Federal Trade Commission business records demonstrating compliance with the

terms and provisions of this order, including but not limited to:

A. Files containing the names, addresses, telephone numbers, and all certifications

made by persons seeking to obtain consumer reports, including but not limited to
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reports containing criminal record information, from respondents, and all

materials considered by respondents in connection with their verification of the

identity of those persons and verification of the certifications made by those

persons;

B. Copies of all training materials and marketing materials that relate to respondents’

provision of consumer reports as alleged in the complaint and respondents’

compliance with the provisions of this order; and

C. All records necessary to demonstrate full compliance with each provision of this

order, including all submissions to the Commission.

III.

IT IS FURTHER ORDERED that, for five (5) years after the date of issuance of this

order, respondents, and their successors and assigns, shall deliver a copy of this order to: (1) all

current and future principals, officers, and directors; and (2) all current and future managers,

employees, agents and representatives who have responsibilities with respect to the subject

matter of this order, and shall secure from each such person a signed and dated statement

acknowledging receipt of the order, with any electronic signatures complying with the

requirements of the E-Sign Act, 15 U.S.C. § 7001 et seq. Respondents shall deliver this order to

current personnel within thirty (30) days after the date of service of the order, and to future

personnel within thirty (30) days after the person assumes such position or responsibilities. 

IV.

IT IS FURTHER ORDERED that respondents and their successors and assigns shall

notify the Commission at least thirty (30) days prior to any change in a respondent that may

affect compliance obligations arising under this order, including but not limited to, a dissolution,

assignment, sale, merger, or other action that would result in the emergence of a successor

company; the creation or dissolution of a subsidiary, parent, or affiliate that engages in any acts

or practices subject to this order; the proposed filing of a bankruptcy petition; or a change in a

respondent’s name or address. Provided, however, that with respect to any proposed change

about which a respondent learns less than thirty (30) days prior to the date such action is to take

place, the respondent shall notify the Commission as soon as is practicable after obtaining such

knowledge. Unless otherwise directed by a representative of the Commission in writing, all

notices required by this Part shall be sent by overnight courier (not the U.S. Postal Service) to

the Associate Director of Enforcement, Bureau of Consumer Protection, Federal Trade

Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, with the subject line: In

the Matter of Filiquarian Publishing, LLC, FTC File Number 1123195. Provided, however, that,

in lieu of overnight courier, notices may be sent by first-class mail, but only if an electronic

version of such notices is contemporaneously sent to the Commission at DEbrief@ftc.gov.
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V.

IT IS FURTHER ORDERED that respondents and their successors and assigns shall,

within sixty (60) days after the date of service of this order, file with the Commission a true and

accurate report, in writing, setting forth in detail the manner and form in which respondents have

complied with this order. Within ten (10) days of receipt of written notice from a representative

of the Commission, respondents shall submit additional true and accurate written reports.

VI.

This order will terminate twenty (20) years from the date of its issuance, or twenty (20) years

from the most recent date that the United States or the Commission files a complaint (with or

without an accompanying consent decree) in federal court alleging any violation of the order,

whichever comes later; provided, however, that the filing of such a complaint will not affect the

duration of:

A. Any Part of this order that terminates in less than twenty (20) years; 

B. This order’s application to any respondent that is not named as a defendant in 

 such complaint; and

C. This order if such complaint is filed after the order has terminated pursuant to this

Part.

Provided, further, that if such complaint is dismissed or a federal court rules that respondents did

not violate any provision of the order, and the dismissal or ruling is either not appealed or upheld

on appeal, then the order will terminate according to this Part as though the complaint had never

been filed, except that this order will not terminate between the date such complaint is filed and

the later of the deadline for appealing such dismissal or ruling and the date such dismissal or

ruling is upheld on appeal.

Signed this __________ day of _______________, 2012. 

FILIQUARIAN PUBLISHING, LLC

and

CHOICE LEVEL, LLC

By: _____________________

JOSHUA LINSK

CEO, Filiquarian Publishing, LLC and Choice Level, LLC
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JOSHUA LINSK

By: _____________________

JOSHUA LINSK

Individually

_________________________

ANDREA OSTROVSKY

Counsel 

FEDERAL TRADE COMMISSION

___________________________________

ANTHONY RODRIGUEZ

Counsel for the Federal Trade Commission

___________________________________

JESSICA LYON

Counsel for the Federal Trade Commission

APPROVED:

___________________________________

ROBERT SCHOSHINSKI

Assistant Director

Division of Privacy and Identity Protection 

___________________________________ ___________________________________

MANEESHA MITHAL DAVID C. VLADECK

Associate Director Director

Division of Privacy and Identity Protection Bureau of Consumer Protection