SEMIANNUAL FEDERAL COURT

LITIGATION STATUS REPORT

Office of the General Counsel

Bureau of Competition

Bureau of Consumer Protection

Regional Offices

June 30, 2021

No. 140
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TABLE OF CONTENTS

SUMMARY OF CASES ...............................................................................................................iii

PETITIONS FOR REVIEW........................................................................................................... 1

(A) Orders to Cease and Desist................................................................................................... 1

INJUNCTION AND CONSUMER REDRESS CASES................................................................ 2

(A) Preliminary Injunctions (Mergers/Acquisitions).............................................................. 2

(B) Preliminary Injunctions (Other) ....................................................................................... 5

(C) Permanent Injunctions/Consumer Redress....................................................................... 5

CIVIL PENALTY AND ENFORCEMENT CASES................................................................... 66

(A) Consumer Protection...................................................................................................... 66

(B) Competition.................................................................................................................... 75

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS..................................................... 75

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION....................... 75

AMICUS CURIAE BRIEFS OR PARTIAL INTERVENTIONS ............................................... 82
iii

SUMMARY OF CASES

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

PETITIONS FOR REVIEW 0 2 0 2

INJUNCTION AND

CONSUMER REDRESS CASES

56 13 4 73

CIVIL PENALTY AND 

ENFORCEMENT CASES

13 1 0 14

SUBPOENA AND CID

ENFORCEMENTS

3 0 0 3

SUITS TO ENJOIN FTC 

ACTION AND OTHER

DEFENSIVE LITIGATION

7 4 1 12

AMICUS CURIAE BRIEFS 0 4 1 5

TOTALS 79 24 6 109

 * Includes all cases in which appellate proceedings have taken place during the reporting period or are pending; 

these cases are not counted in the District Court column, even if such proceedings are occurring simultaneously.
1

PETITIONS FOR REVIEW

(A) Orders to Cease and Desist

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

Parties: 1-800 Contacts, Inc.

Assigned Attorneys: Imad Dean Abyad (OGC)

Mariel Goetz

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

Status: Petition for review filed 12/30/18.

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

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

Petitioner’s reply brief filed 10/4/19.

Oral arguments held on 3/5/20.

Opinion granting petition for review and remanding case with instructions 

for Commission to dismiss the complaint entered 6/11/21.

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

Parties: Impax Laboratories, Inc.

Assigned Attorneys: Bradley Grossman (OGC)

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

Laboratories, Inc.

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

Petitioner’s brief filed 10/3/19; Commission’s brief filed 12/9/19; 

petitioner’s reply brief filed 12/30/19.

Oral argument held 6/9/20.

Opinion denying petition for review, upholding Commission’s ruling that 

Impax’s reverse payment settlement with Endo was an unfair 

method of competition, entered 4/13/21.

(B) Rulemakings

(None Pending)
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INJUNCTION AND CONSUMER REDRESS CASES

(A)Preliminary Injunctions (Mergers/Acquisitions)

FTC v. HACKENSACK MERIDIAN HEALTH, No. 20-cv-18140 (D.N.J.)

Parties: Hackensack Meridian Health

Englewood Healthcare Foundation

Assigned Attorneys: Lindsey Bohl (BC/Mergers IV)

Emily Bowne

Chris Caputo

Jonathan Lasken

Nandu Machiraju

Nathan Brenner

Kati Williams

Harris Rothman

Anthony Saunders

Samantha Gordon

Elizabeth Arens

Chris Megaw

Nature of Action: Action for preliminary injunction to block the proposed merger between 

Hackensack Meridian Health and Englewood Healthcare.

Status: Complaint filed 12/4/20.

TRO entered 12/4/20.

Commission motion for preliminary injunction filed 3/22/21; Defendants’

opposition filed 4/12/21; Commission reply filed 4/29/21.

Evidentiary hearing held from 5/10/21 to 5/18/21.

FTC v. ILLUMINA, INC., No. 1:21-cv-873 (D.D.C.); 3:21-cv-800 (S.D. Cal.)

Parties: Illumina, Inc.

GRAIL, Inc.

Assigned Attorneys: Susan Musser (BC/Office of the Director)

Betty Jean McNeil (BC/Mergers I)

Catherine Sanchez

Daniel Zach

David Gonen

Dylan Naegele

Eric Edmondson

Jonathan Ripa

Jordan Andrew
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Joseph Neely

Lauren Gaskin

Matthew Joseph

Nicholas Widnell

Nicolas Stebinger

Samuel Fulliton

Sarah Wohl

Steven Mohr

Wade Lippard

William Cooke

Nature of Action: Action for preliminary injunction to block the proposed merger between 

Illumina Inc., and GRAIL, Inc.

Status: Complaint filed 4/1/21.

Order granting defendant’s motion to transfer case to the Southern District 

of California entered 4/22/21.

Commission’s motion to dismiss the complaint granted 5/28/21.

FTC v. PEABODY ENERGY CORPORATION, No. 4:20-cv-00317 (E.D. Mo.)

Parties: OGE Energy Corp.

Peabody Energy Corporation

Assigned Attorneys: Amy E. Dobrzynski (BC/Mergers II)

Daniel Matheson

Alicia Burns-Wright

Cecelia Waldeck

Christopher Caputo

Elizabeth Arens

Ernest Eric Elmore

Jeanine Balbach

Jonathan Lasken

Joshua Goodman

Maria Cirincione

Michael Anthony Franchak

Phillip Kehl

Sean Hughto

Stephen Santulli

Taylor Alexander

Nature of Action: Action for preliminary injunction against a joint venture between Peabody 

Energy Corporation and Arch Coal related to their coal mining operations.

Status: Complaint filed 2/26/20.
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Commission’s motion for preliminary injunction filed 5/29/20; Peabody 

Energy’s opposition filed 6/25/20.

Preliminary injunction entered 9/29/20.

Commission stipulation of dismissal filed 1/28/21; order granting 

stipulation entered 2/2/21.

FTC v. PROCTOR & GAMBLE COMPANY., No. 1:20-cv-03593 (D.D.C)

Parties: Proctor & Gamble Company

Billie, Inc. 

Assigned Attorneys: Jonathan Herman Lasken (BC/Office of the Director)

Greta Burkholder (BC/Mergers III)

Keitha Clopper

Clarke Edwards

Megan Henry

Marc Schneider

Brian Telpner

Nature of Action: Action for preliminary injunction to enjoin Procter & Gamble Company’s 

proposed $295 million acquisition of Billie, Inc. 

Status: Complaint filed 12/9/20.

Commission stipulation of dismissal filed 1/6/21.

FTC v. THOMAS JEFFERSON UNIVERSITY, No. 20-3499 (3d Cir.); No. 2:20-cv-01113

(E.D. Pa.)

Parties: Thomas Jefferson University

Albert Einstein Healthcare Network

Commonwealth of Pennsylvania (co-plaintiff)

Assigned Attorneys: Charles E. Dickinson (BC/Mergers IV)

Mark D. Seidman

Tracy W. Wertz

Albert Teng

Christopher D. Harris

Guia Dixon

Gustav Peter Chiarello, III

James H. Weingarten

Jamie E. France

Jonathan R. Wright

Ryan T. Andrews

Brad Grossman (OGC)

Nature of Action: Action for preliminary injunction to block the proposed merger of 
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Jefferson Health and Albert Einstein Healthcare Network.

Status: Complaint filed 2/27/20.

TRO entered 2/28/20.

Commission’s motion for preliminary injunction denied 12/8/20.

Notice of appeal filed 12/10/20.

Commission’s emergency motion to Third Circuit for injunction pending 

appeal filed 12/11/20; motion denied 12/21/20.

Case dismissed 3/4/21.

(B) Preliminary Injunctions (Other)

(None Pending)

(C)Permanent Injunctions/Consumer Redress*

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

Pa.) 

Parties: AbbVie, Inc.

 Abbott Laboratories

 Unimed Pharmaceuticals, LLC

 Besins Healthcare, Inc.

 Teva Pharmaceuticals USA, Inc.

Assigned Attorneys: Markus Meier (BC)

 Patricia M. McDermott

 Kara Monahan

 Peter Taylor

Matthew Hoffman (OGC)

Mark Hegedus

Joel Marcus

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

arising from baseless patent infringement lawsuits against potential

generic competitors.

Status: Complaint filed 9/8/14.

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

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

Count II of the complaint (thereby dismissing defendant Teva from 

the case) entered 5/6/15.

Commission’s motion for entry of judgment under Rule 54(b) filed 6/5/15; 

response in opposition by Abbott Laboratories, Abbvie, Inc. and 

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

proceedings in district court are not generally reported.
6

Unimed Pharmaceuticals filed 6/25/15; Commission’s reply filed 

7/2/15; order holding pending Rule 54(b) motion in abeyance 

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

Commission’s motion for reconsideration of dismissal filed 7/20/15; 

defendant’s response filed 7/31/15; reply filed 8/7/15; motion for 

reconsideration denied 8/25/15.

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

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

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

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

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

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

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

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

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

denying motion for reconsideration entered 6/27/18. 

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

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

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

Defendants AbbVie, Inc, Abbott Laboratories, and Unimed 

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

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

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

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

8/13/18.

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

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

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

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

brief filed 7/19/19; reply briefs of Abbott Laboratories, AbbVie 

Inc, Unimed Pharmaceuticals LLC, and Besins Healthcare, Inc.

filed 9/30/19.

Oral argument held 1/15/20.

Commission’s supplemental brief filed 1/29/20; defendant’s supplemental 

brief filed 1/29/20.

Supplemental briefs on parties’ positions in light of Supreme Court’s grant 

of certiorari in AMG Capital Mgmt., LLC v. FTC filed 7/24/20.

Opinion reversing district court’s dismissal of reverse-payment claim, 

affirming in part and reversing in part district court’s decision 

regarding sham patent litigation claims, reversing disgorgement 

judgment, and affirming denial of an injunction entered 9/30/20.

Cross-petitions for rehearing filed 11/16/20; petitions denied 12/4/20. 

Case remanded to the district court on 12/14/20.

AbbVie petition for writ of certiorari filed 3/18/21; Commission’s

opposition filed 5/19/21; AbbVie’s reply filed 6/1/21; petition 

denied 6/21/21.
7

FTC v. ABSOLUTE FINANCIAL SERVICES, LLC, No. 0:20-cv-2596 (D.S.C.)

Parties: Absolute Financial Services, LLC

Absolute Financial Services Recovery, LLC

AFSR Global Logistics, LLC

LaShone Elam aka LaShone Caldwell

Talesia Neely

Assigned Attorneys: Marguerite Moeller (BCP/FP)

Gregory Ashe 

Michael Goldstein

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 

operation.

Status: Complaint filed 7/13/20.

TRO entered 7/17/20. 

Stipulated preliminary injunction entered 10/2/20.

Stipulated final order and judgment for permanent injunction as to 

defendant Talesia Neely entered 3/17/21; stipulated final order for 

permanent injunction and monetary judgment as to Defendants 

Absolute Financial LLC, Absolute Financial Services Recovery 

LLC, AFSR Global Logistics LLC, and Lashone Elam entered 

3/17/21. 

FTC v. ACQUINITY INTERACTIVE, LLC., No. 0:14-cv-60166 (S.D. Fla.)

Parties: Burton Katz

On Point Global LLC

On Point Employment LLC 

On Point Guides LLC f/k/a Rogue Media Services LLC

Dragon Global LLC

Dragon Global Management LLC

Dragon Global Holdings LLC 

Waltham Technologies LLC

Cambridge Media Series LLC f/k/a License America Media Series LLC 

Issue Based Media LLC

DG DMV LLC

Direct Market LLC

Bronco Family Holdings LP a/k/a Bronco Holdings Family LP

Burton Katz

Robert Zangrillo

Brent Levison

Elisha Rothman
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Assigned Attorneys: Sana Chaudry (BCP/ENF)

Sarah Waldrop

Alleged Conduct: Deceptive practices in violation of a 2014 permanent injunction in 

connection with an online marketing scheme that falsely offered

consumers government services but delivering only worthless “guides.”

Status: Complaint filed 7/29/13.

Stipulated final judgment and order for permanent injunction entered 

10/9/14.

Commission motion for order to show cause why Defendant Burton Katz, 

his companies, and others acting in concert with him should not be 

held in contempt filed 2/12/20; show cause order entered 2/14/20.

Commission motion for TRO and preliminary injunction filed 4/30/21; 

defendants’ response in opposition entered 5/14/21; Commission 

reply filed 5/21/21.

FTC v. ADEPT MANAGEMENT, INC., Nos. 19-35668, 19-35669 (9th Cir.); No. 1:16-cv00720 (D. Ore.)

Parties: Adept Management, Inc.

Anchor Publishing Group, Inc.

Associated Publishers Network, Inc.

Atlas Business Consulting, LLC

Clarity Group, LLC

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

Services, Processing Express Solutions

Crown Resource Management, LLC

Customer Access Services, Inc.

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

Associated Periodical Network, Associated Publishers 

Readership, Billing Services of Circulation, Circulation 

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

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

Magazine Distribution Marketplace, Magazine Payment Processing, 

National Magazine Network, Publication Network Services, Publishers 

Billing Marketplace, Publishers Distribution Network, Publishers 

Magazine Services, Readers Magazine Services, Readers Payment 

Network, Subscription Billing Agency, Subscription Billing Network, 

United Billing Service, United Publishers Agency

HCG, Inc.

Henry Cricket Group, LLC

Hoyal & Associates, Inc.

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

Consumer Publishers Association, Associated Publishers Services, 
9

Billing Services of America, Bradford Publishing Service, 

Circulation Billing Services, Global Publishers Center, Lakeshore 

Publishers Service, Magazine Billing Services, Magazine Distribution 

Service, Magazine Payment Services, Magazine Subscriber Services, 

Magazine Subscriptions Center, National Magazine Services, Periodical 

Billing Services, Platinum Subscription Service, Publication Service 

Networks, Publishers Access Services, Publishers Billing Services, 

Publishers Consolidated Subscription Services, Publishers Distribution 

Center, Publishers Education Services, Publishers Magazine Billing, 

Publishers Magazine Payment, Publishers Marketplace Services, 

Publishers Network Exchange, Publishers Payment Services, Publishers 

Periodical Service, Publishers Processing Service, Publishers Services 

Exchange, Readers Billing Services, Readers Payment Service, 

Seascape Publishers Network, Slo Call Center, Subscription Billing 

Service, Subscription Payment Exchange, Subscription Payment 

Services, United Publishers Services

Magazine Clearing Exchange

Magazine Link, Inc.

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

Northwest Data Services, LLC

PPP Magazines, Inc.

Publishers Payment Processing, Inc.

Reality Kats, LLC

Specialties, Inc.

Subscription House Agency, Inc.

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

Circulation Billing Network, Magazine Billing Associates, 

Premier Subscription Network, Publishers Billing Network, Publishers 

Magazine Exchange

Wineoceros Wine Club, Inc.

Linda Babb

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

Jeffrey Hoyal

Lori Hoyal

Colleen Kaylor

Laura Lovrien a/k/a Laura Babb

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

Lydia Pugsley a/k/a Lydia Babb

Dennis Simpson

William Strickler

Assigned Attorneys: Laura Solis (NWR)

Richard McKewen

Connor Shively

Sophia Calderón

Stephen Fairchild
10

Jack Metzler (OGC)

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

in connection with a nationwide campaign relying on misrepresentations

to solicit newspaper renewals and new subscriptions from consumers.

Status: Complaint filed 4/27/16.

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

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

11/3/16.

Motions for stay pending resolution of criminal proceedings filed 

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

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

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

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

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

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

Business Consulting LLC, Clarity Group, Inc., Consolidated 

Publishers Exchange, Inc., Crown Resource Management LLC, 

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

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

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

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

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

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

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

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

Commission’s motion for default judgment and permanent injunction 

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

opposition to motion by defendants Jeffrey Hoyal, Lori Hoyal, 

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

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

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

4/12/18.

Motions for summary judgement by defendants Linda Babb, Colleen 

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

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

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

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

defendants’ reply filed 9/7/18. 

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

opposition by defendants Colleen Kaylor, Jeffrey Hoyal, Hoyal & 

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

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

Publishers Payment Processing, Inc, Lydia Pugsley, Laura Lovrien 

filed 8/31/18.
11

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

summary judgment and denying defendants’ motion for summary 

judgment entered 9/25/18.

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

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

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

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

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

motion for reconsideration of court’s summary judgment in favor 

of the Commission entered 4/18/19.

Order for permanent injunction against all defendants and monetary 

judgment against defendants Dennis Simpson, Jeffrey Hoyal, and

Lori Hoyal entered 6/10/19.

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

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

defendant Bacon joined 6/25/19; Commission’s response filed 

7/8/19; order denying motion entered 7/10/19.

Notices of appeal by Reality Kats defendants and Hoyal defendants filed 

8/7/19 (9th Cir.).

Reality Kats defendants’ opening brief filed 11/15/19.

Commission’s motion to consolidate appeals granted 12/11/19.

Hoyal defendants’ opening and cross-appeal brief filed 2/10/20; Lennon 

third-party defendants’ brief filed 2/10/20; Commission’s 

consolidated answering brief filed 6/8/20; appellants’ reply briefs 

filed 7/29/20.

Order staying appeal pending Supreme Court decision in AMG Capital 

Mgmt., LLC v. FTC entered 9/11/20.

Order re-opening appeal entered 4/23/21.

Commission supplemental brief addressing impact of AMG filed 5/7/21.

Order affirming injunctive relief and vacating monetary award entered 

6/11/21.

FTC v. ADVOCARE INTERNATIONAL, L.P., No. 4:19-cv-00715 (E.D. Tex.)

Parties: Advocare International, L.P.

Danny McDaniel

Diane McDaniel

Carlton Hardman

Lisa Hardman

Brian Connolly

Assigned Attorneys: M. Hasan Aijaz (SWR)

Tom Carter

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

in connection with operation of a pyramid scheme.
12

Status: Complaint filed 10/2/19.

Stipulated final order for permanent injunction and monetary judgment as 

to defendants AdvoCare International, L.P. and Connolly entered 

10/9/19.

Stipulated final order for permanent injunction and monetary judgement as 

to defendants Carlton Hardman and Lisa Hardman entered 10/9/19.

Defendant Danny McDaniel’s motion to dismiss for failure to state a claim 

filed 10/21/19; Commission’s response filed 11/5/19; defendant’s 

reply filed 11/11/19.

Order granting Defendant Danny McDaniel’s motion to dismiss for failure 

to state a claim entered 11/16/20.

Defendants Danny McDaniel and Diane McDaniel motion for entry of 

judgment filed 12/17/20; Commission opposition filed 12/31/20; 

Defendants’ reply filed 1/7/21; order granting motion in substantial 

part entered 1/27/21.

Judgment dismissing Commission’s claims with prejudice against 

Defendants Diane McDaniel and Danny McDaniel entered 

1/27/21.

FTC v. AGORA FINANCIAL, LLC, No. 1:19-cv-03100 (D. Md.)

Parties: Agora Financial, LLC

NewMarket Health, LLC

NewMarket Health Publishing, LLC

Health Sense Media, LLC

Health Sense Publishing, LLC

Zachary Scheidt

Dr. Richard Gerhauser

Assigned Attorneys: Dillon J. Lappe (BCP/ENF)

Gregory Madden

Omolara Joseney

Alejandro Rosenberg

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

connection with the marketing and sale of financial and health-related 

newsletters, publications, and subscription services.

Status: Complaint filed 10/24/19.

Motion to dismiss for failure to state a claim by defendants filed 1/30/20; 

Commission’s response filed 2/13/20; Defendant’s response filed

2/27/20.

Preliminary injunction hearing held 2/7/20.

Preliminary injunction entered 3/2/20.

Order denying motion to dismiss entered 3/2/20.
13

Order granting joint motion to stay case pending Commission approval of 

settlement entered 7/23/20. 

Stipulated order for permanent injunction and monetary judgment entered 

2/8/21.

FTC v. ALCAZAR NETWORKS, INC., No. 6:20-cv-2200 (M.D. Fla.)

Parties: Alcazar Networks, Inc.

Gavin Grabias

Assigned Attorneys: Virginia G. Rosa (BCP/MP)

Ian Barlow

Alleged Conduct: Assisting and facilitating violations of the FTC’s Telemarketing Sales 

Rule, including calls to numbers on the National Do Not Call Registry, in 

connection with the offering of Voice over Internet Protocol 

services to telemarketers.

Status: Complaint filed 12/3/20.

Motion for approval of stipulated final order filed 12/3/20.

Stipulated final order for permanent injunction and monetary judgment 

entered 1/11/21.

FTC v. AMERICAN FINANCIAL SUPPORT SERVICES INC., No. 20-55092 (9th Cir.); No. 

8:19-cv-02109 (C.D. Cal.)

Parties: American Financial Support Services Inc.

Arete Financial Group

Arete Financial Group LLC

CBC Conglomerate LLC

Diamond Choice Inc.

J&L Enterprise LLC

La Casa Bonita Investments, Inc.

US Financial Freedom Center, Inc.

Carey G. Howe

Anna C. Howe

Shunmin “Mike” Hsu

Ruddy Palacios

Oliver Pomazi

Jay Singh

MJ Wealth Solutions, LLC

Assigned Attorneys: Stephen Fairchild (NWR)

Richard McKewen

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act and 
14

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

sale of student loan debt relief services.

Status: Complaint filed 11/4/19.

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

immediate access entered 11/4/19.

Preliminary injunction hearing held 11/18/19; chambers order granting 

preliminary injunction entered 11/26/19.

Preliminary injunction order entered 12/17/19.

Notice of appeal by defendants Carey G. Howe, Shunmin Mike Hsu, 

Ruddy Palacios, and Oliver Pomaz filed 1/24/20.

Stipulated order for permanent injunction and monetary relief against 

Carey G. Howe, Anna C. Howe, Shunmin “Mike” Hsu, Ruddy 

Palacios, and Oliver Pomazi entered 9/9/20.

Appellants’ motion to dismiss appeal voluntarily granted 9/16/20.

Commission motion for default judgment against Defendants Arete 

Financial Group; Arete Financial Group LLC; CBC Conglomerate 

LLC; Diamond Choice Inc.; J&L Enterprise LLC; La Casa Bonita 

Investments, Inc.; and Relief Defendant MJ Wealth Solutions, 

LLC, filed 1/8/21. 

Order staying case to consider approval of settlement agreement entered 

2/8/21.

Proposed stipulated order for permanent injunction and monetary relief 

against American Financial Support Services Inc., US Financial 

Freedom Center, Inc., and Jay Singh filed 6/14/21.

FTC v. AMERICAN FUTURE SYSTEMS, INC., No. 2:20-cv-02266 (E.D. Pa.)

Parties: American Future Systems, Inc. d/b/a Progressive Business Publications

d/b/a Progressive Business Publications, Inc. d/b/a Center for 

Education & Employment Law

Progressive Business Publications of New Jersey, Inc. d/b/a Progressive 

Business Publications, Inc. d/b/a Center for Education and 

Employment Law

International Credit Recovery, Inc. d/b/a ICR

Edward M. Satell

Richard Diorio, Jr.

Cynthia Powell

Commonwealth of Pennsylvania (co-plaintiff)

Assigned Attorneys: Amy Hocevar (ECR)

Christian Capece

Derek Diaz

Harris Senturia

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act and 
15

the Unordered Merchandise Statute, in connection with Defendants’ 

deceptive selling of and collection of payment for publication 

subscriptions.

Status: Complaint filed 5/13/20.

Motion to file first amended complaint adding plaintiff Commonwealth of 

Pennsylvania filed 7/23/2020; motion granted 1/20/21.

Amended complaint filed 1/21/21.

Motion to dismiss for failure to state a claim filed by Defendants Richard 

Diorio, Jr., International Credit Recovery, Inc., and Cynthia Powell 

2/4/21; Commission response filed 3/4/21; Defendant reply filed 

3/25/21; motion denied 4/30/21.

Motion to dismiss for Defendants American Future Systems Inc., 

Progressive Business Publications of New Jersey, Inc., and Edward 

M. Satell filed 2/11/21; motion denied 4/30/21.

Defendants’ motion for judgment on the pleadings filed 6/24/21.

FTC v. AMERICAN SCREENING, LLC, No. 4:20-cv-1021 (E.D. Mo.)

Parties: American Screening, LLC

Ron Kilgarlin, Jr.

Shawn Kilgarlin

Assigned Attorneys: Dillon Lappe (BCP/ENF)

Omolara Joseney

Anne Collesano

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

Act in connection with the sale and marketing of face masks, sanitizer, and 

other personal protective equipment related to the coronavirus pandemic.

Status: Complaint filed 8/4/20.

FTC v. AMG SERVICES, INC., No. 19-508 (S. Ct.); Nos. 16-17197, 14-16468 (9th Cir.); No. 

2:12-cv-00536 (D. Nev.) 

Parties: AMG Services, Inc.

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

SFS, Inc., d/b/a OneClickCash

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

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

AMG Capital Management, LLC

Level 5 Motorsports, LLC

Lead Flash Consulting, LLC

Black Creek Capital Corporation

Broadmoor Capital Partners, LLC 
16

Muir Law Firm, LLC

Scott A. Tucker

Blaine A. Tucker

Timothy J. Muir

Don E. Brady

Robert D. Campbell

Troy L. LittleAxe

Park 269 LLC

Kim C. Tucker

Assigned Attorneys: Nikhil Singhvi (BCP/FP) 

Iona Rusu

Jason Schall

Jack Metzler (OGC)

Joel Marcus

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

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

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

Status: Complaint filed 4/2/12. 

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

filed 6/11/12. 

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

Stipulated preliminary injunction entered 12/27/12.

Commission’s amended motion for partial summary judgment filed 

3/7/13; defendants’ responses filed 3/25/13.

 Motion for legal determination on tribal sovereign immunity by 

defendants AMG Services, Inc., Red Cedar Services, Inc., SFS, 

Inc., and Tribal Financial Services filed 4/8/13; cross-motion for 

legal determination by defendant Troy Little Axe filed 4/10/13; 

Commission’s response filed 4/19/13.

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

Report and recommendation by magistrate that Commission’s motion for 

partial summary judgment and defendant’s motion for legal 

determination on tribal sovereign immunity be granted in part and 

denied in part entered 7/16/13.

Joint motion for permanent injunction and judgment as to defendants 

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

Management, LLC, Level 5 MotorSports, LLC, LeadFlash 

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

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

Robert D. Campbell, and Troy L. Little Axe, Jr. filed 7/18/13.

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

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

opposition filed 12/4/13; Commission’s reply filed 12/20/13.
17

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

Commission’s opposition filed 12/4/13; defendants’ reply filed 

12/20/13.

Order granting joint motion for permanent injunction and judgment as to 

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

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

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

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

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

Report and recommendation by magistrate that Commission’s motion for 

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

defendant’s motion for summary judgment be denied, entered 

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

response filed 3/2/14. 

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

3/7/14.

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

5/29/14.

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

Law Firm, LLC entered 9/8/14.

Order denying defendants’ motion to enforce settlement entered 7/16/14; 

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

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

Stipulated permanent injunction and monetary judgment as to defendants 

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

Stipulated permanent injunction and monetary judgment against 

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

 entered 3/17/15.

Motion for preliminary injunction by the Commission filed 5/8/15; 

 responses filed 5/26/15.

Stipulated orders for permanent injunction and equitable monetary relief

as to defendants Red Cedar Services, Inc. and SFS, Inc. entered 

11/25/15.

Motion for summary judgment by Commission filed 1/20/16; defendants’ 

opposition filed 2/26/16; Commission’s reply filed 3/18/16.

Motion for summary judgment by defendants filed 1/20/16; Commission’s 

opposition filed 2/26/16; defendants’ reply filed 3/18/16.

Order granting Commission’s motion for summary judgment, denying 

defendants’ motion for summary judgment, and awarding 

permanent injunction and monetary relief of $1.3 billion entered 

9/30/16.

Notice of appeal filed 11/29/16.

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

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

Oral argument held 8/15/18.
18

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

order, entered 12/3/18.

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

Petition for writ of certiorari filed 10/18/19; brief of respondent FTC filed 

12/13/19; reply brief of petitioners filed 12/20/19; certiorari 

granted 7/9/20.

Brief of petitioners filed 9/25/20; brief of respondent FTC filed 11/30/20; 

reply of petitioners filed 12/30/20.

Supreme Court argument heard on 1/13/21.

Opinion holding that Section 13(b) of the FTC Act does not permit 

monetary remedies, reversing and remanding, entered 4/22/21.

FTC v. ASSOCIATED COMMUNITY SERVICES, INC., No. 2:21-cv-10174 (E.D. Mich.)

Parties: Associated Community Services, Inc. d/b/a A.C. Services

Central Processing Services, LLC

Community Services Appeal, LLC

The Dale Corporation

Directele, Inc.

Robert William Burland

Richard T. Cole

Amy Burland

Barbara Cole

Scot Stepek

Nikole Gilstorf

Antonio G. Lia

John Lucidi

States of Alabama, California, Colorado, Connecticut, Delaware, Florida, 

Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, 

Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, 

Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, 

New York, North Carolina, Ohio, Oklahoma, Oregon, 

Pennsylvania, Tennessee, Texas, Utah, Virginia, Washington, 

West Virginia, Wisconsin, Wyoming, and the District of Columbia

(Co-Plaintiffs)

Assigned Attorneys: Tracy S. Thorleifson (NWR)

Colin McDonald

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

the Telemarketing Sales Rule in connection with a telemarketing scheme 

that solicited donations from consumers under the false pretense of 

charitable donations.

Status: Complaint filed 1/26/21.
19

Stipulated orders for permanent injunctions and monetary judgments 

against all defendants entered 3/3/21.

Consent judgments against all defendants entered 3/31/21.

FTC v. BEAM FINANCIAL, INC., No. 3:20-cv-8119 (N.D. Cal.)

Parties: Beam Financial, Inc.

Yinan Du

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

Gregory John Madden

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

connection with false promises of high interest rates and “24/7” access to 

funds for customers of a mobile banking application.

Status: Complaint filed 11/18/20.

Stipulated order for permanent injunction and monetary judgment 

resolving the action as to all defendants entered 3/30/21.

FTC v. BINT OPERATIONS LLC, No. 4:21-cv-00518-KGB (E.D. Ark.)

Parties: BINT Operations LLC

Lashonda Moore

Marlon Deandre Moore

State of Arkansas (Co-Plaintiff)

Assigned Attorneys: Reid Tepfer (SWR)

Luis Gallegos

Matt Wilshire

Anne Lejeune

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

Consumer Review Fairness Act, and Arkansas state consumer protection 

laws in connection with the operation of a “blessing loom” style pyramid 

scheme.

Status: Complaint filed 06/16/21.

FTC v. CARDIFF, Nos. 20-55858, 20-55397, 20-55066, 19-56397 (9th Cir.); No. 5:18-cv02104 (C.D. Cal.) 

Parties: Jason Cardiff

Eunjung Cardiff

Danielle Cadiz

Redwood Scientific Technologies, Inc. (California Corp.) d/b/a Rengalife
20

Redwood Scientific Technologies, Inc. (Nevada Corp.)

Redwood Scientific Technologies, Inc. (Delaware Corp.)

Identify, LLC

Advanced Mens Institute Prolongz LLC d/b/a AMI

Runway Products, LLC

Carols Place Limited Partnership

Jacques Poujade (third party)

True Pharmastrip, Inc. (proposed intervenor)

VPL Medical, Inc. (intervenor limited to VPL TRO and PI)

Inter/Media Time Buying Corporation (third party)

Assigned Attorneys: Stacy Rene Procter (WRLA)

Edwin Rodriguez (BCP/AP)

Elizabeth Sanger 

James Prunty

Shira Modell

Mark Hegedus (OGC)

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

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

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

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

sexual-performance aids.

Status: Complaint filed 10/10/18.

Preliminary injunction with asset freeze and other equitable relief as to 

defendants Redwood Scientific Technologies, Inc. (California), 

Redwood Scientific Technologies, Inc. (Nevada), Redwood 

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

Advanced Mens Institute Prolongz LLC, Runway Products, LLC, 

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

Stipulated preliminary injunction as to defendant Danielle Cadiz entered 

11/2/18.

Preliminary injunction with asset freeze and other equitable relief as to 

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

Clerk’s entry of default as to defendants Redwood Scientific 

Technologies, Inc., a California corporation, Redwood Scientific 

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

Technologies, Inc., a Delaware corporation, Advanced Mens 

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

3/5/19.

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

Order granting joint stipulation for permanent injunction as to defendant 

Danielle Cadiz entered 5/16/19.

Commission’s application for contempt against defendants Eunjung 

Cardiff, Jason Cardiff, and third-party Jacques Poujade for 
21

violations of the TRO and preliminary injunction filed 6/17/19; 

opposition to contempt motion filed 7/8/19; reply in support of 

contempt motion filed 7/15/19.

Order finding defendant Jason Cardiff in contempt entered 7/29/19; order 

finding defendant Jason Cardiff no longer in contempt entered 

7/30/19.

Motion to intervene by True Pharmastrip, Inc. filed 10/18/19; 

Commission’s opposition to motion filed 10/28/19; reply in 

support of motion filed 11/4/19; order denying motion entered 

1/10/20.

Order requiring turnover of funds entered 10/29/19.

Application to modify or stay order requiring turnover of funds pending 

appeal filed 11/22/19; Commission’s opposition to application 

filed 11/26/19; reply in support of application filed 11/27/19; order 

denying application entered 12/17/19.

Notice of appeal by Jacques Poujade filed 11/27/19.

Motion by Jaques Poujade in 9th Circuit to stay lower court action filed 

12/23/19; motion denied 2/28/20.

Notice of appeal by True Pharmastrip, Inc., filed 1/15/20.

Motion to dissolve preliminary injunction by Eunjung Cardiff and Jason 

Cardiff filed 1/20/20; motion denied 3/30/20.

Commission’s motion for contempt against Eunjung Cardiff and Jason 

Cardiff for violation of preliminary injunction filed 3/2/20; order 

holding Cardiff Defendants in contempt entered 3/31/20.

Notice of appeal by Eunjung Cardiff and Jason Cardiff filed 4/7/20; appeal 

dismissed for lack of jurisdiction on 6/26/20.

Appellants Poujade and TPI’s opening brief filed 4/6/20; FTC’s answering 

brief filed 7/13/20; Poujade and TPI reply brief filed 8/3/20.

Commission’s motion for contempt against Jacques Poujade filed 5/29/20.

Commission’s motion for contempt sanctions against Jason Cardiff and 

Eunjung Cardiff for failure to comply with 3/31/20 contempt order

filed 6/19/20; opposition to sanctions motion filed 7/10/20; reply in 

support of sanctions motion filed 7/17/20; reply in opposition filed 

7/21/20; order of contempt and provisional sanctions entered 

7/24/20.

Cardiffs’ “notice of purge of contempt” filed 9/3/20; Commission’s

opposition filed 9/4/20; Cardiff reply filed 9/5/20; order finding 

Cardiffs in contempt but deferring incarceration entered 9/9/20.

Temporary restraining order with asset freeze and other equitable relief 

and order to show cause why a preliminary injunction should not 

issue against VPL entered 6/24/20.

Preliminary injunction with asset freeze and other equitable relief against 

VPL entered 7/7/20.

Notice of appeal by VPL and Jason Cardiff filed 8/19/20.

Motion for summary reversal of preliminary injunction by VPL and Jason 

Cardiff filed 8/21/20; FTC opposition filed 8/31/20; VPL/Cardiff 
22

reply filed 9/5/20; order denying motion for summary reversal 

entered 10/16/20.

Appellants VPL/Cardiff opening brief filed 9/16/20; FTC answering brief 

filed 10/13/20; VPL/Cardiff reply brief filed 11/3/20.

District court order granting summary judgment but deferring entry of 

final judgment and default judgment against corporate defendants 

until Supreme Court’s resolution of AMG entered on 10/9/20.

Ninth Circuit opinion dismissing Poujade/TPI appeal for lack of appellate 

jurisdiction and affirming district court order denying permissive 

intervention issued 12/7/20.

Oral argument in VPL preliminary injunction appeal held on 3/2/21; Ninth 

Circuit order holding the matter pending AMG outcome entered 

3/3/21.

Ninth Circuit order vacating VPL preliminary injunction and remanding

for further proceedings consistent with AMG entered 4/28/21

District court order that FTC pay all VPL-related Receivership fees and 

expenses incurred post-AMG and directing Receiver to release half 

of the remaining VPL funds in the receivership estate entered 

5/24/21.

Order ruling that FTC is still entitled to Section 19 monetary relief for the 

Cardiffs’ ROSCA violations but the FTC is precluded from 

introducing its computation of monetary relief at this stage because

the ROSCA computation and the evidence supporting it were not 

disclosed during discovery, also that the FTC is entitled to seek 

non-monetary relief under Section 13(b) without filing an 

administrative complaint, entered 6/29/21.

FTC v. CONSUMER DEFENSE, LLC, Nos. 18-15462, 19-16000, 19-17326; 20-15143, 20-

15144 (9th Cir.); No. 2:18-cv-00030 (D. Nev.)

Parties: Consumer Defense, LLC

Consumer Link, Inc.

Preferred Law, PLLC

American Home Loan Counselors

Consumer Defense Group, LLC (formerly known as Modification Review 

Board, LLC)

Consumer Defense, LLC

Brown Legal, Inc.

AM Property Management, LLC

Fmg Partners, LLC

Zinly, LLC

Jonathan P. Hanley

Benjamin R. Horton

Sandra X. Hanley

American Home Loans, LLC
23

Assigned Attorneys: Gregory Ashe (BCP/FP)

Imad Abyad (OGC)

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

the Mortgage Assistance Relief Service Rule in connection with the 

marketing and sale of mortgage assistance relief.

Status: Complaint filed 1/8/18.

TRO entered 1/10/18. 

FTC Motion for preliminary injunction filed 1/8/18;

Defendants’ opposition filed 2/12/18; Commission reply filed 2/14/18; 

Preliminary Injunction entered 2/20/18. 

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

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

denied 6/7/18. 

Defendants AM Property Management, LLC, American Home Loan 

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

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

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

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

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

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

Notice of appeal to Ninth Circuit of preliminary injunction filed 03/21/18 

(No. 18-15462). Appellants’ opening brief filed 4/18/18; 

Commission’s answering brief filed 5/16/18; reply brief filed 

6/6/18; Oral argument held 9/14/18. Decision by 9th Circuit 

affirming district court’s entry of preliminary injunction entered 

6/17/19. 

Receiver Thomas McNamara motion for order to sell Receivership 

property filed 4/18/18; Commission concurrence filed 4/30/18; 

Defendants’ opposition filed 5/1/18; Receiver reply filed 5/8/18;

Order granting motion entered 1/18/19.

Stipulated final order for permanent injunction and monetary judgment as 

to defendant Benjamin Horton entered 6/5/18. 

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

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

8/7/18. Clerk’s entry of default as to Consumer Defense, LLC 

(Nevada) and Consumer Link Inc. entered 1/28/19. Default vacated 

on 6/14/19. 

Defendant Hanley motion to vacate order granting Receiver’s motion to 

sell property filed 1/28/19; Receiver opposition filed 1/31/19; 

Commission opposition filed 2/5/19; Order denying motion 

entered 4/30/19.

Defendant Hanley notice of appeal to Ninth Circuit of order denying 

motion to vacate order granting Receiver’s motion to sell property 
24

filed 5/10/19 (No. 19-16000); Ninth Circuit order dismissing 

appeal for failure to file fees entered 7/17/19.

Commission’s motion for default judgment against defendants Consumer 

Defense, LLC (Nevada) and Consumer Link, Inc. filed 5/7/19; 

Commission notice of withdrawal of motion filed 6/25/19.

Commission motion for summary judgment filed 7/15/19; defendants’

opposition filed 10/2/19; defendant Hanley’s opposition filed 

10/5/19; Commission reply brief filed 11/5/19.

Order granting Commission motion for summary judgment entered 

12/5/19.

Receiver Thomas McNamara motion to approve sale of Park City condo 

filed 8/30/19; Commission concurrence filed 9/13/19; defendants’ 

opposition filed 9/13/19; receiver’s reply filed 9/20/19; order 

granting motion entered 10/9/19.

Defendant Hanley’s notice of appeal to Ninth Circuit of order granting 

receiver’s motion for approval of sale of Park City condo filed 

11/12/19 (No. 19-7326); Ninth Circuit order dismissing Hanley’s 

appeal for failure to prosecute entered 3/20/20.

Defendant Sandra Hanley’s notice of appeal to Ninth Circuit of order 

granting summary judgment filed 2/3/20 (No. 20-15143).

Defendant Jonathan Hanley’s notice of appeal to Ninth Circuit of order 

granting summary judgment filed 2/3/20 (No. 20-15144).

Appellants Hanleys’ opening briefs filed 6/23/21.

FTC v. COTTELLI, No. 20-15717 (9th Cir.); No. 2:18-cv-00035 (D. Nev.)

Parties: Shad Cottelli, a/k/a Shad Applegate

EMP Media, Inc., also d/b/a MyEx.com

Aniello “Neil” Infante

State of Nevada (co-plaintiff)

Assigned Attorneys: Megan Cox (BCP/DPIP)

Simon Han 

Matthew Hoffman (OGC)

Mariel Goetz

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

connection with the operation of the nonconsensual pornography (or 

“revenge porn”) website MyEx.com. 

Status: Complaint filed 1/9/18.

Order granting stipulated permanent injunction as to Defendant Aniello 

Infante entered 1/10/18.

Order granting motion for alternative service as to Shad Cottelli entered 

2/1/18.
25

Clerk’s entry of default as to EMP Media, Inc. and Shad Cottelli entered 

5/11/18.

Plaintiffs’ motion for default judgment filed 6/11/18.

Order granting motion for default judgment and permanent injunction and 

other relief 6/15/18.

Defendant Cottelli’s motion to set aside the default judgment filed 

3/13/20; Commission’s opposition filed 3/27/20; order denying 

motion entered 4/9/20.

Notice of appeal by Cotelli filed 4/20/20.

Cotelli’s opening brief filed 7/8/20; Commission’s answering brief filed 

9/23/20; Cotelli’s reply brief filed 11/13/20. 

Oral argument held 3/9/21.

Ninth Circuit opinion affirming default judgment against Shad Cottelli 

issued 3/30/21.

Defendant Cottelli’s petition for panel rehearing filed 5/13/21; petition 

denied 5/20/21.

Defendant Cottelli’s petition for rehearing en banc filed 6/28/21.

FTC v. CREDIT BUREAU CENTER, LLC, No. 19-825 (S. Ct.); Nos. 18-3310, 18-2847 (7th 

Cir.); No. 1:17-cv-00194 (N.D. Ill.)

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

creditupdates.com, and freecreditnation.com

Michael Brown

Danny Pierce

Andrew Lloyd

Assigned Attorneys: Guy Ward (MWR)

Douglas McKenney

Michael Bergman (OGC)

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

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

Reporting Act in connection with the marketing of credit monitoring

services. 

Status: Complaint filed 1/10/17.

Ex parte TRO entered 1/11/17.

Stipulated preliminary injunction as to defendants Danny Pierce and 

Andrew Lloyd entered 2/8/17.

Stipulated preliminary injunction as to defendants Michael Brown and 

Credit Bureau Center entered 2/21/17.

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

Stipulated order for permanent injunction and monetary judgment as to 

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

Commission’s motion for summary judgment against remaining 

defendants Michael Brown and Credit Bureau Center, LLC filed 

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

for summary judgment entered 6/26/18.

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

LLC filed 8/22/18.

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

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

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

motion to stay in part, barring Commission from distributing funds 

recovered to consumers pending conclusion of appeal, but 

otherwise denying, entered 9/26/18.

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

request to pay their attorneys from the receivership estate filed 

10/26/18.

Order consolidating appeals entered 11/16/18.

Appellants’ brief filed 12/5/18.

Order denying defendants Michael Brown and Credit Bureau Center, 

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

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

Oral argument heard 4/17/19.

Order vacating the restitution award and affirming the judgment in other 

respects entered by the Seventh Circuit 8/21/19.

Commission’s petition for writ of certiorari filed 12/19/19; Credit Bureau 

Center’s brief in opposition filed 4/14/20; Commission’s reply 

brief filed 4/28/20.

Case consolidated with AMG Capital Mgmt., LLC v. FTC 7/9/20; 

consolidation voided and certiorari vacated 11/9/20.

Commission’s petition for writ of certiorari denied 5/3/21.

FTC v. CRITICAL RESOLUTION MEDIATION, LLC, No 1:20-cv-3932 (N.D. Ga.)

Parties: Critical Resolution Mediation, LLC

Parliament Services, LLC

Brian Charles McKenzie

Tracey Dottrice Warren

Assigned Attorneys: Hans Christian Clausen (SER)

Robin L. Rock

Alleged Conduct: Deceptive and abusive debt-collection practices in violation of Section 

5(a) of the FTC Act and the Fair Debt Collection Practices Act.

Status: Complaint filed 9/22/20.

TRO entered 9/30/20. 

Preliminary injunction entered 11/10/20.
27

Commission’s amended complaint filed 1/26/21.

Stipulated preliminary injunction with asset freeze and other equitable 

relief against Defendant Tracey Dottrice Warren entered 3/2/21.

Joint motion for a 90-day stay of proceedings needed for settlement filed 

5/10/21; motion granted 5/11/21.

FTC v. DIGITAL INCOME SYSTEM, INC., No 1:20-cv-24721 (S.D. Fla.)

Parties: Digital Income System, Inc.

Derek J. Foley

William Foley

Christopher B. Frye

Jennifer Hedrick

Kaitlyn Scott

Assigned Attorneys: Harold Kirtz (SER)

Lara Tumeh

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

the Business Opportunity Rule in connection with the marketing and sale 

of a purported money-making opportunity.

Status: Complaint filed 11/16/20.

TRO entered 11/17/20; TRO extended 12/02/20.

Stipulated preliminary injunction as to defendants Digital Income System, 

Inc, Derek Foley, William Foley, Kaitlyn Scott, and Jennifer 

Hedrick entered 12/18/20. 

Preliminary injunction as to Christopher B. Frye entered 12/18/20.

Entry of default as to defendants Christopher B. Frye and Kaitlyn Scott 

12/23/20. 

Commission motion for default judgment filed 1/13/21; order granting 

motion as to Defendants Christopher Brandon Frye and Kaitlyn 

Scott entered 3/23/21.

Court mediator’s mediation report and notice of settlement entered 

4/26/21.

Order administratively closing case entered 4/27/21.

Commission notice of settlement approval filed 5/26/21.

FTC v. DISRUPTION THEORY LLC, No. 3:20-cv-06919 (N.D. Cal.) 

Parties: Disruption Theory LLC

Emergent Technologies LLC 

Marc Grisham, a/k/a Mark Grisham

Courtney Grisham, a/k/a Courtney Brooks

Assigned Attorneys: N. Diana Chang (WRSF)
28

Sarah Schroeder

Emily Burton

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

connection with the marketing and sale of nonexistent “unlimited 

minutes” inmate calling plans. 

Status: Complaint filed 10/5/20.

Ex parte TRO with asset freeze entered 10/6/20.

Commission stipulation with proposed order lifting asset freeze filed 

5/4/21; stipulated order entered 5/6/21.

Commission motion for summary judgment as to Defendant Marc 

Grisham filed 6/24/21.

Commission motion for default judgment as to Defendants Disruption 

Theory, LLC, and Courtney Grisham filed 6/24/21.

FTC v. ECOLOGICAL FOX, LLC, Nos. 19-1925, 19-2387, 19-2204, 19-2306, 19-2387, 20-

1594, 20-2215 (4th Cir.); No. 1:18-cv-03309 (D. Md.) 

Parties: Ecological Fox, LLC

Luke Chadwick

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

Peter Baker

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

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

Eco Futures Development, Eco Futures Belize, Sittee River 

Wildlife Reserve, Buy Belize, Buy International

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

d/b/a The Reserve

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

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

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

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

Springs

Foundation Development Management Inc.

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

d/b/a The Reserve

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

d/b/a The Reserve

Power Haus Marketing

Brandi Greenfield

BG Marketing, LLC

Prodigy Management Group, LLC

John Usher

Rod Kazazi

Foundation Partners f/k/a Red Crane Advisors, Inc.
29

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

Connelly a/k/a Frank Connelly-Costanzo

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

Coldwell Banker Southern Belize

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

Southern Belize

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

Banker Southern Belize

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

Property Owners’ Association

Atlantic International Bank, Ltd.

Angela Chittenden

Beach Bunny Holdings, LLC

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

of John Andris Pukke

John Vipulis

Deborah Connelly

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

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

Michael Santos

Assigned Attorneys: Jonathan Cohen (BCP/ENF)

Amanda Kostner

Benjamin Theisman

Elizabeth Averill

Khouryanna DiPrima

Theodore (Jack) Metzler (OGC)

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

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

real estate investments and related services.

Status: Complaint filed 10/31/18.

TRO entered 11/11/18.

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

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

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

injunction through the conclusion of a show cause hearing, entered 

11/20/18.

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

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

response filed 1/31/19.

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

of California filed 12/14/18.

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

filed 12/19/18.
30

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

Order denying defendant Atlantic International Bank’s motion to dismiss 

entered 2/1/19.

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

in the amended complaint entered 3/4/19.

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

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

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

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

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

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

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

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

Frank Costanzo, Ecological Fox, LLC, and Deborah Connelly 

entered 4/4/19.

Motion to dismiss for lack of jurisdiction by defendant Atlantic 

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

6/7/19.

Order denying defendant Anris Pukke’s motion to dismiss entered 

4/30/19.

Appellant Atlantic International Bank, LTD’s (No. 19-1925) opening brief 

filed 5/14/19; Commission’s response brief filed 6/12/19; 

Commission’s motion for stay of proceedings as to defendants Frank 

Costazno, Ecological Fox LLC, and Deborah Connelly filed 

7/23/19; order granting motion entered 7/26/19.

Commission’s proposed preliminary injunction filed 8/12/19; defendant 

Chadwick’s opposition to proposed preliminary injunction filed 

8/22/19; Commission’s reply in support of preliminary injunction 

filed 9/3/19.

Defendant Chadwick’s motion to dismiss for lack of jurisdiction filed 

8/22/19; Commission’s response to motion filed 8/27/19; order 

denying motion to dismiss entered 9/5/19.

Order extending stay of litigation against Atlantic International Bank 

entered 9/6/19.

Joint motion to dismiss Atlantic International Bank’s appeal (No. 19-

1925) filed 9/10/19.

Stipulated order for permanent injunction and monetary judgment against 

defendant Atlantic International Bank entered 9/25/19.

Preliminary injunction as to defendants Andris Pukke, Peter Baker, Luke 

Chadwick, John Usher, Certain Corporate Defendants, and the 

estate of John Pukke entered 10/3/19.

Memorandum opinion and order addressing calculation of equitable 

monetary relief entered 10/17/19.

Order that defendants are not entitled to jury trials on the contempt 

motions entered 10/22/19.
31

Notice of appeal of preliminary injunction by defendant Peter Baker (No. 

19-2306) filed 10/25/19.

Notice of appeal of preliminary injunction by defendant Andris Pukke 

(No. 19-2204) filed 10/29/19.

Notice of appeal of preliminary injunction by defendant Luke Chadwick 

(No. 19-2387) filed 12/2/19; order dismissing appeal for failure to 

prosecute entered 4/17/20.

Baker’s opening brief filed 12/27/19; Pukke’s opening brief filed 

12/30/19; Commission’s answering brief to Baker and Pukke 

appeals filed 2/3/20; opinion affirming preliminary injunction 

issued 2/24/20.

Stipulated final orders for permanent injunction and monetary judgment 

against Brandi Greenfield, BG Marketing LLC, Rod Kazazi, and 

Foundation Partners entered 1/4/20.

Stipulated final order against relief defendants Angela Chittenden and 

Beach Bunny Holdings LLC entered 1/10/20.

Bench trial held 1/21/20 through 2/12/20.

Order denying motion by Peter Baker to dismiss the case as sanction 

against FTC entered 4/22/20.

Notice of appeal by Peter Baker (No. 20-1594) filed 5/26/20.

Baker’s opening brief filed 6/23/20; Commission’s response brief filed 

7/10/20.

Baker’s appeal dismissed 9/28/20.

Notice of appeal by Andris Pukke filed 11/9/20.

Final order for permanent injunction and monetary judgment against 

Defendants Andris Pukke, Peter Baker, and Luke Chadwick 

entered 1/13/21.

Final order of contempt against Defendants Andris Pukke, Peter Baker, 

and John Usher entered 1/13/21.

Amended final order for permanent injunction and monetary judgment 

entered 3/24/21.

Appeals consolidated 5/18/21.

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

(D. Ariz.)

Parties: Electronic Payment Solutions of America, Inc.

Electronic Payment Services, Inc.

KMA Merchant Services, LLC

Dynasty Merchants, LLC

Jay Wigdore

Michael Abelmesseh aka Michael Stewart

Nikolas Mihilli

Electronic Payment Systems, LLC

Electronic Payment Transfer, LLC

John Dorsey
32

Thomas McCann

Michael Peterson

Assigned Attorneys: James Evans (BCP/MP)

Jody Goodman

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

the FTC’s Telemarketing Sales Rule in connection with telemarketing 

scheme that told consumers they could earn thousands of dollars by

lending money to small businesses.

Status: Complaint filed 7/28/17.

First amended complaint filed 3/9/18.

Stipulated order for permanent injunction and monetary judgment against 

defendants KMA Merchant Services LLC and Michael 

Abdelmesseh entered 6/13/18.

Stipulated order for permanent injunction and monetary judgment against 

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

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

Systems, LLC, and Electronic Payment Transfer, LLC filed 

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

filed 5/24/19; Motion denied 8/28/19.

Stipulated order for permanent injunction and monetary judgment against 

Michael Peterson entered 8/28/19.

Motion to amend answer by Electronic Payment Systems, LLC, and 

Electronic Payment Transfer, LLC filed 5/31/19; Commission’s 

opposition filed 6/14/19; defendants’ reply filed 7/5/19; motion 

denied 8/28/19.

Motion for judgment on the pleadings by John Dorsey and Thomas McCann 

filed 6/11/19; Commission’s opposition filed 6/25/19; defendants’ 

reply filed 7/12/19; motion denied 8/28/19.

Motion to reconsider or certify denial of motion to dismiss by Electronic 

Payment Systems, LLC, and Electronic Payment Transfer, LLC filed 

9/10/19; Commission’s opposition filed 9/24/19; defendants’ reply 

filed 10/1/19; motion denied 10/23/19.

Motion for summary judgment by Electronic Payment Systems, LLC and 

Electronic Payment Transfer filed 3/18/20; FTC’s opposition filed 

4/16/20; reply filed 4/22/20; motion denied 8/31/20.

Motion for summary judgment by John Dorsey and Thomas McCann filed 

9/25/20; Commission’s opposition filed 10/16/20; defendants’ reply 

filed 11/10/20.

Motion for summary judgment by the Commission filed 9/25/20; defendants’ 

oppositions filed 11/25/20; Commission response filed 1/8/21

Stipulated orders for permanent injunction and judgment against Defendants 

Electronic Payment Systems of America, Inc., Electronic Payment 

Services Inc., and Jay Wigdore entered 1/22/21.

Motion for reconsideration of motion for judgment on the pleadings by 

Defendants John Dorsey and Thomas McCann filed 5/10/21.
33

FTC v. ELEGANT SOLUTIONS, INC., Nos. 20-55766 (9th Cir.); 8:19-cv-01333 (C.D. Cal.) 

Parties: Elegant Solutions, Inc., d/b/a Federal Direct Group

Trend Capital Ltd., d/b/a Mission Hills Federal

Dark Island Industries, Inc., d/b/a Federal Direct Group, and f/k/a

Cosmopolitan Funding Inc.

Heritage Asset Management, Inc., d/b/a National Secure Processing

Tribune Management, Inc., d/b/a The Student Loan Group

Mazen Radwan

Rima Radwan

Labiba Velazquez

Dean Robbins

Imad Abyad (OGC)

Assigned Attorneys: Michelle Grajales (BCP/FP)

Samuel Jacobson

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

the Telemarketing Sales Rule in connection with marketing and sale of 

student loan debt relief services.

Status: Complaint filed 7/8/19.

Stipulated preliminary injunction entered 7/17/19.

Amended Complaint filed 8/27/19.

Cross-motions for summary judgment by FTC and defendants filed 

3/9/20; FTC’s opposition to defendants’ motion filed 3/30/20; 

defendants’ opposition to FTC’s motion filed 3/31/20; replies filed 

4/6/20.

Order staying trial pending resolution of summary judgment motions 

entered 5/29/20.

Defendants’ notice of appeal filed 7/20/20.

Commission’s motion to hold appeal in abeyance until after Supreme 

Court decides AMG filed 12/7/20; appellants’ opposition filed 

12/8/20.

Appellants’ opening briefs filed 12/21/20.

Appellants’ revised opening briefs filed 6/1/21.

FTC v. ENDO PHARMACEUTICALS INC., No. 1:21-cv-00217 (D.D.C.)

Parties: Endo Pharmaceuticals Inc.

Endo International, plc

Impax Laboratories, LLC

Amneal Pharmaceuticals, Inc.

Assigned Attorneys: James Weingarten (BC/Office of the Director)

Eric Sprague (BC/HC)
34

Kara Monahan

Markus Meier

Emma Dick

Evan Cartagena

Garth Huston

Jamie Towey

Alleged Conduct: Violations of Sections 1 and 2 of the Sherman Act and unfair methods of 

competition in violation of Section 5 of the FTC Act, in connection with 

an illegal agreement to eliminate competition in the oxymorphone market, 

a long-acting opioid used for the treatment of moderate to severe pain.

Status: Complaint filed 1/25/21.

Defendants’ motions to dismiss filed 4/26/21; FTC opposition filed 

6/10/21.

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

Parties: F9 Advertising LLC

Gopalkrishna Pai

Ace Initiative Group, LLC

Connected AD Station LLC

Fastlane Sales, LLC

Hyper Marketing Solutions LLC

Media Redefined LLC

Primed Marketing LLC

Responsive Media LLC

Assigned Attorneys: Michael Schaefer (BCP/ENF)

Gregory J. Madden

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

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

marketing.

Status: Complaint filed 2/21/19.

Order granting Commission’s motion for entry of default against 

defendants Ace Initiative Group, LLC, Connected AD Station 

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

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

Media, LLC entered 3/25/19.

Order staying case pending the resolution of the ongoing criminal 

proceedings entered 5/16/19.

FTC v. FACEBOOK, INC., No. 1:20-cv-3590 (D.D.C.)
35

Parties: Facebook, Inc.

Assigned Attorneys: Daniel John Matheson (BC/Office of the Director)

David Owyang (BC/TED)

Eric Cochran

Gary London, Jr.

Henry Hauser

Krisha Cerilli

Maria DiMoscato

Mark Silvia

Michael Mikawa

Michael Smith

Noel Miller

Owen Masters

Patricia Galvan

Rebecca Weinstein

Robert Zuver, Jr. 

Sylvia Zhang

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

connection with the illegal maintenance of a personal social networking 

monopoly through a years-long course of anticompetitive conduct 

including the acquisition of rivals and imposition of anticompetitive 

conditions on third-party software developers’ access to valuable 

interconnections to its platform. 

Status: Complaint filed 12/9/20.

Facebook motion to dismiss filed 3/10/21; Commission opposition filed 

4/7/21; Facebook reply filed 4/21/21; motion granted, order 

dismissing without prejudice entered 6/28/21.

Amended complaint due by 8/19/21.

FTC v. FLEETCOR TECHNOLOGIES, INC., No. 1:19-cv-05727 (N.D. Ga.)

Parties: FleetCor Technologies, Inc.

Ronald Clarke

Assigned Attorneys: Thomas Kost (BCP/FP)

Brittany Frassetto

Thomas Kane

Greg Madden

Chris Leach

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

FTC Act in connection with the advertising, marketing, and offering of 

commercial fuel card products.
36

Status: Complaint filed 12/20/19.

Commission motion for summary judgment filed 4/16/21; Defendants’

cross motion for partial summary judgment and opposition to 

Commission’s motion filed 5/16/21; Commission response filed 

6/18/21.

FTC v. FRONTIER COMMUNICATIONS CORP., No. 2:21-cv-4155 (C.D. Cal.)

Parties: Frontier Communications Corporation

Frontier Communications Parent, Inc.

Frontier Communications Intermediate, LLC

Frontier Communications Holdings, LLC

States of Arizona, California, Florida, Indiana, Michigan, North Carolina, 

and Wisconsin (Co-Plaintiffs) 

Assigned Attorneys: Barbara Chun (WRLA)

Robert Quigley

Miles Freeman

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

Act in connection with the advertising and sale of Internet service plans 

that failed to reach speeds promised to consumers.

Status: Complaint filed 5/19/21.

FTC v. F&G INTERNATIONAL GROUP HOLDINGS, LLC., No. 6:20-cv-73 (S.D. Ga.)

Parties: F&G International Group Holdings, LLC.

FG International, LLC. 

J. Glenn Davis

Assigned Attorneys: Anna Burns (SER)

Brian Martin Welke (BCP/ENF)

Philip Brown

Alejandro Rosenberg

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

connection with false or unsubstantiated R-value claims about their 

architectural coating products.

Status: Complaint filed 7/28/20.

Commission motion for sanctions for spoliation filed 2/24/21; Defendants’ 

response filed 3/12/21; Commission reply filed 3/26/21.
37

FTC v. GDP NETWORK, LLC., No. 6:20-cv-1192 (M.D. Fla.)

Parties: GDP Network, LLC

G & G Success, LLC

G & N Squared, LLC

Gino De Paz

Grace De Paz

Shabana Khublal

State of Florida (Plaintiff) 

Assigned Attorneys: Audrey Austin (MWR) 

Samantha Colleen Gordon

William Joseph Hodor

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

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

alleged sham credit card interest rate reduction operation.

Status: Complaint filed 7/6/20.

TRO entered 7/10/20. 

Preliminary injunction with asset freeze entered 8/14/20. 

Clerk’s entry of default as to G & G Success LLC, G & N Squared LLC, 

and GDP Network LLC entered 10/1/20.

Commission motion for entry of stipulated order for permanent injunction 

and monetary judgment against Defendants Gino De Paz and Grace 

De Paz filed 6/14/21.

FTC v. GOLDEN SUNRISE NUTRACEUTICAL, INC., No. 1:20-AT-00540 (E.D. Cal.)

Parties: Golden Sunrise Nutraceutical, Inc.

Golden Sunrise Pharmaceutical, Inc.

Huu Tieu

Stephen Meis

Assigned Attorneys: Edward Hynes (SWR)

Reid Tepfer 

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

FTC Act in connection with the marketing and sale of purported COVID19, cancer, and Parkinson’s disease treatments.

Status: Complaint filed 07/30/20.

TRO entered 08/05/20.

Stipulated preliminary injunctions entered 08/27/20.

Stipulated order for permanent injunction and monetary judgment as to 

Defendant Stephen Meis entered 6/11/21.
38

FTC v. HEALTH RESEARCH LABORATORIES LLC, No. 2:17-cv-467 (D. Me.)

Parties: Health Research Laboratories LLC

Kramer Duhon

Assigned Attorneys: Elizabeth K. Nach (BCP/AP)

James A. Prunty

Elizabeth Averill (BCP/ENF)

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

Act, the FTC’s Telemarketing Sales Rule, and the Electronic Fund 

Transfer Act and its implementing regulation in connection with the 

marketing and sale of products that purported to cause weight loss; and 

treat arthritis, joint and back pain, and memory loss.

Status: Complaint filed 11/30/17.

Joint motion for entry of stipulated final judgment and order permanent 

injunction and other equitable relief filed 11/30/17.

Stipulated final judgment and order for permanent injunction and other 

equitable relief entered 1/17/18. 

Commission’s contempt motion for violation of final judgment and order 

for permanent injunction filed 12/17/19; defendants’ response in 

opposition filed 12/31/19; order denying motions entered 8/12/20.

Telephonic hearing held 4/8/20.

Defendants’ motion to stay Commission administrative proceedings filed 

11/30/20; Commission’s opposition filed 12/21/20; defendants’ 

reply filed 12/23/20; motion denied 1/20/21.

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

Parties: Hornbeam Special Situations, LLC

Cardinal Points Holdings, LLC

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

Gyroscope Management Holdings, LLC

EDebitPay, LLC

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

Clickxchange Media, LLC

iStream Financial Services, Inc.

Jerry L. Robinson

Earl G. Robinson

James McCarter

Keith Merrill

Mark Ward

Dale Paul Cleveland

William R. Wilson
39

Kris Axberg

Richard Joachim

Chet Andrews

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

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

Korin Felix

Elizabeth J. Averill

Omolara Joseney

Reenah L. Kim

Hong Park

Amanda C. Basta

Kimberly L. Nelson

Anna M. Burns

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

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

Telemarketing Sales Rule in connection with the marketing of various 

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

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

Status: Complaint filed 8/15/17.

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

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

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

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

consent motion entered 11/21/17. 

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

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

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

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

entered 4/16/18.

Motion to dismiss by defendant by Patricia Brandmeier Robinson filed 

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

entered 4/16/18.

Motion to dismiss complaint for lack of subject matter jurisdiction by 

defendants Chet Andrews, Kris Axberg, Dale Paul Cleveland, 

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

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

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

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

denying motion, but ordering supplemental briefing on part of the 

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

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

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

7/30/18.
40

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

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

Amended complaint filed 11/5/18.

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

Financial Services, Inc, Chet Andrews, Patricia Brandmeier 

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

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

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

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

Order granting Defendants’ request for leave to file an interlocutory 

appeal entered 7/24/19.

Order of 11th Circuit denying petition to appeal entered 11/20/19.

Defendants’ motion to stay pending the Supreme Court’s decision in AMG 

Capital Mgmt., LLC v. FTC filed 7/20/20; Commission’s 

opposition filed 8/3/20; defendants’ reply filed 8/10/20; order 

denying motion to stay entered 9/10/20. 

Commission motions for summary judgment as to Defendants EDebitPay 

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

Patricia Brandmeier Robinson, James McCarter, Mark Ward, 

iStream Financial Services Inc., Kris Axberg, Richard Joachim, 

and Guadalupe Andrews filed 2/8/21; Defendants’ oppositions 

filed 4/8/21; Commission replies filed 5/20/21.

Motion for summary judgment by Defendants Kris Axberg, Richard 

Joachim, and iStream Financial Services, Inc. filed 6/17/21; 

motions terminated without prejudice 6/21/21.

FTC v. INMATE MAGAZINE SERVICE, INC., No. 3:21-cv-00294 (N.D. Fla.)

Parties: Inmate Magazine Services, Inc.

318 Florida

318 Wyoming

Inmate Magazine Services of NA, LLC

Inmate Magazine Plus.com of NA, LLC

Roy Snowden

Florida Office of the Attorney General (Co-Plaintiff)

Assigned Attorneys: Margaret Burgess (SER)

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

the Mail Order Rule in connection with the marketing, sale, and 

distribution of magazine subscription services to incarcerated consumers 

and their families.

Status: Complaint filed 2/16/21.

TRO with asset freeze and appointment of a temporary receiver entered 

2/22/21.
41

Stipulated preliminary injunction with asset freeze and other equitable 

relief as to defendant Roy Snowden entered 3/3/21.

Clerk’s entry of default as to corporate defendants entered 5/11/21.

FTC v. INNOVATIVE DESIGNS, INC., Nos. 20-3379 (3d Cir.); 2:16-cv-01669 (W.D. Pa.)

Parties: Innovative Designs, Inc.

Assigned Attorneys: Alejandro Rosenberg (BCP/ENF)

Omolara Bewaji Joseney

Imad Abyad (OGC)

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

connection with the advertising of Insultex House Wrap. 

Status: Complaint filed 11/3/16.

Bench trial held from 7/29/19 to 7/30/19.

Motion for judgment on partial findings by defendant filed 3/27/20; 

Commission’s response filed 4/17/20; telephonic hearing on 

motion for judgment on partial findings held 5/1/20.

Order granting defendant’s motion for judgment on partial findings 

entered 9/24/20.

Commission’s notice of appeal filed 11/23/20.

Commission’s opening brief filed 2/8/21; Appellee’s opening brief filed 

3/23/21; Commission’s reply filed 4/13/21.

Oral argument held 7/8/21.

FTC v. LEAD EXPRESS, INC., No. 2:20-cv-00840 (D. Nev.)

Parties: Lead Express Inc.

Camel Coins, Inc.

Sea Mirror Inc.

Naito Corp.

Kotobuki Marketing, Inc.

Ebisu Marketing, Inc.

Hotei Marketing, Inc.

Daikoku Marketing, Inc.

La Posta Tribal Lending Enterprise d/b/a Harvest Moon Financial, Gentle 

Breeze Online, and Green Stream Lending

Takehisa Naito

Keishi Ikeda

Assigned Attorneys: Gregory Ashe (BCP/FP)

Helen Clark 

Rufus Jenkins (BCP/DLTA)
42

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

Telemarketing Sales Rule, Truth in Lending Act, and Electronic Fund 

Transfer Act in connection with the offering and extension of credit in the 

form of high-fee short-term “payday” loans

Status: Complaint filed 5/11/20.

Stipulated preliminary injunctions entered 6/19/20.

Joint motion to stay case to consider settlement with defendants Lead 

Express, Camel Coins, Sea Mirror, Naito Corp., Kotobuki 

Marketing, Ebisu Marketing, Hotei Marketing, Daikoku 

Marketing, Takehisa Naito, and Keishi Ikeda filed 10/20/20; order 

granting stay entered 10/20/20.

Commission’ motion for default judgment against Defendant La Posta 

Tribal Lending Enterprise filed 11/20/20; defendant’s opposition 

filed 12/2/20; Commission’s reply filed 12/9/20.

Stipulated order for permanent injunction as to defendants Lead Express, 

Camel Coins, Sea Mirror, Naito Corp., Kotobuki Marketing, Ebisu 

Marketing, Hotei Marketing, Daikoku Marketing, Takehisa Naito, 

and Keishi Ikeda entered 4/1/21.

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

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

Assigned Attorneys: Katharine Roller (BCP/FP)

Matthew Wilshire

Helen Clark

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

FTC Act and the Privacy of Consumer Financial Information Rule in 

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

Status: Complaint filed 4/25/18.

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

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

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

First amended complaint filed 10/22/18.

Cross-motions for summary judgment filed 2/27/20; oppositions filed 

3/26/20; replies filed 4/16/20.

Order granting in part and denying in part FTC’s and defendant’s motions

for summary judgment entered 6/1/20.

Case stay pending Supreme Court’s resolution of AMG Capital Mgmt. v 

FTC entered 8/21/20.

Case stay lifted 4/28/21.

Stipulated order striking the Commission’s prayer for equitable monetary 

relief entered 5/14/21.
43

FTC v. LIFE MANAGEMENT SERVICES OF ORANGE COUNTY, INC., No. 19-14248 

(11th Cir.); No. 6:16-cv-00982 (M.D. Fla.)

Parties: Life Management Services of Orange County, Inc.

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

Services

IVD Recovery LLC

KWP Services LLC

KWP Services of Florida LLC

LPSOFFLA LLC

LPSOFFLORIDA LLC

PW&F Consultants of Florida LLC

UAD Secure Services LLC

UAD Secure Service of Florida LLC

URB Management LLC

YCC Solutions LLC

YFP Solutions LLC

Kevin Guice

Chase Jackowski

Linda McNealy

Clarence Wahl a/k/a Harry Wahl

Karen Wahl

Robert Guice (Relief Defendant)

Timothy Woods (Relief Defendant)

State of Florida (Plaintiff)

Assigned Attorneys: Tejasvi Srimushnam (BCP/MP)

Joshua Doan

Michael Bergman (OGC)

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

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

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

Status: Complaint filed 6/7/16.

Stipulated preliminary injunction entered 6/30/16.

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

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

granting summary judgment and permanent injunction entered 

12/7/18.

Notice of stipulated proposed orders for permanent injunction and 

monetary judgment against all defendants except Kevin Guice filed 

9/1/17.

Order for permanent injunction and monetary relief against Kevin Guice 

entered 12/7/18.
44

Order granting summary judgment, with permanent injunction and 

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

Motion to Alter or Amend Judgment against Kevin Guice filed on 

01/8/19.Stipulated final orders against defendants Chase 

Jackowski, Linda McNealy, Clarence Wahl, Karen Wahl, and 

corporate defendants Life Management Services of Orange 

County, LLC, Loyal Financial & Credit Services, LLC, IVD 

Recovery, LLC, KWP Services, LLC, KWP Services of Florida 

LLC, LPSOFFLA LLC, LPSOFFLORIDA L.L.C., PW&F 

Consultants of Florida LLC, UAD Secure Services LLC, UAD 

Secure Service of FL LLC, URB Management, LLC, YCC 

Solutions LLC, and YFP Solutions LLC entered 4/23/19.

Stipulated final orders against relief defendants Robert Guice and Timothy 

Woods entered 4/23/19.

Order denying motion to alter or amend judgement against Kevin Guice

entered 9/24/19.

Notice of appeal of final judgment by Kevin Guice filed 10/24/19.

Appellant Kevin Guice’s opening brief filed 2/22/21; Commission’s brief 

filed 4/19/21.

FTC v. MAIL TREE INC., No. 0:15-cv-61034 (S.D. Fla.)

Parties: Awards Research Consultant, LLC

John Leon

MCP Marketing Activities, LLC d/b/a Magellan Mail and Magellan 

Marketing

Mail Tree Inc.

Mailpro Americas Corp.

Masterpiece Marketing, LLC d/b/a Affiliated Opportunities Group

d/b/a Corporate Accounting Authority d/b/a Dispatch Notifications 

Services d/b/a Information Reporting Group d/b/a Priority 

Information Exchange

Michael McKay Co.

Matthew Pisoni

Serena Pisoni

Marcus Pradel

Victor Ramirez

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

Spin Mail, Inc.

Supreme Media, LLC

Trans National Concepts, Inc.

Vernier Holdings, Inc.

Assigned Attorneys: Guy Ward (MWR)

Douglas McKenney
45

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

connection with sweepstakes scam.

Status: Complaint filed 5/18/15.

Ex parte TRO entered 5/19/15.

Preliminary injunction against all defendants except Marcus Pradel and 

 Trans National Concepts entered 6/12/15.

Stipulated preliminary injunction as to defendants Marcus Pradel and 

 Trans National Concepts entered 6/12/15.

Order staying case entered 6/12/15.

Unopposed motion for specific relief from asset freeze filed 10/4/19; order 

granting motion entered 10/7/19.

Commission status report on status of criminal case filed 3/1/21.

FTC v. MODA LATINA BZ, INC., No. 2:20-cv-10832 (C.D. Cal.)

Parties: Moda Latina BZ, Inc.

Esther Virginia Fernandez Aguirre

Marco Cesar Zarate Quiroz

Assigned Attorneys: Roberto Anguizola (BCP/MP)

P. Connell McNulty 

Virginia G. Rosa

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

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

fraudulent work-at-home opportunities to consumers.

Status: Complaint filed 11/30/20.

Stipulated TRO with asset freeze as to individual defendants entered

12/23/20.

Stipulated permanent injunction and monetary judgment entered 3/1/21.

FTC v. MONETA MANAGEMENT, LLC, No. 9:21-cv-81139 (S.D. Fla.)

Parties: Moneta Management, LLC

Moneta Management, Inc.

Michael Todd Greene

Assigned Attorneys: Lara Tumeh (SER)

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

the Telemarketing Sales Rule in connection with the use of paymentprocessing services to aid a criminal student debt relief scam.
46

Status: Complaint filed 6/29/21.

Joint motion for entry of stipulated order for permanent injunction and 

monetary judgment filed 6/29/21.

FTC v. NATIONAL LANDMARK LOGISTICS, LLC, No. 0:20-cv-2592 (D.S.C.)

Parties: National Landmark Logistics, LLC

National Landmark Service of United Recovery, LLC

Liberty Solutions & Associates, LLC

LSA Processing System, LLC

Silverlake Landmark Recovery Group, LLC

Jean Cellent aka Jean-Pierre Cellent

James Dennison

Eric Dennison

Associated Attorneys: Gregory Ashe (BCP/FP)

Marguerite Moeller

Johanna Valenzuela 

Michael Goldstein

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 

operation.

Status: Complaint filed 7/13/20.

TRO entered 7/17/20.

Stipulated preliminary injunction as to defendants Liberty Solutions & 

Associates, LSA Processing System, James Dennison, and Eric 

Dennison entered 8/25/20.

Stipulated preliminary injunction as to defendants National Landmark 

Logistics, National Landmark Service of United Recovery, 

Silverlake Landmark Recovery Group, and Jean Cellent entered 

10/8/20.

Joint motion to stay case to consider settlement with defendants Liberty 

Solutions & Associates, LSA Processing System, James Dennison, 

and Eric Dennison filed 11/16/20; order granting stay entered 

11/19/20.

Stipulated permanent injunction and monetary judgment as to Defendants 

James Dennison, Eric Dennison, Liberty Solutions & Associates, 

and LSA Processing Systems entered 2/9/21.

FTC v. NATIONAL UROLOGICAL GROUP, INC., Nos. 10-125; 19-1445 (S. Ct); Nos. 17-

15695, 14-13131, 14-13972, 09-10617 (11th Cir.); No. 1:04-cv-03294 (N.D. Ga.)

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

National Institute for Clinical Weight Loss, Inc.
47

Hi-Tech Pharmaceuticals, Inc.

Jared Wheat

Thomasz Holda

Michael Howell

Stephen Smith

Terrill Mark Wright, M.D.

Assigned Attorneys: 

Tawana E. Davis (BCP/AP)

Edward Glennon

Mary Johnson

Jack Metzler (OGC)

Amanda Basta (BCP/ENF)

Evan Mendelson

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

connection with the sale of a purported weight loss product.

Status: Complaint filed 11/10/04.

Final judgment entered 12/16/08.

Notice of appeal filed 2/4/09.

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

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

4/26/10.

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

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

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

 Stephen Smith and Jared Wright in contempt filed 11/1/11; 

 defendant’s opposition filed 12/2/11. 

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

filed 3/21/12. 

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

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

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

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

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

Order finding defendants liable for contempt and ordering further 

proceedings on remedy entered 8/8/13.

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

Order holding defendants liable for contempt and directing compensatory 

sanctions to redress consumers entered 5/14/14.

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

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.
48

Notice of appeal from coercive contempt order and emergency motion for 

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

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

voluntarily dismiss appeal filed 9/8/14; appeal no. 14-13972 

dismissed 10/15/14.

Motion to purge contempt defendants of contempt filed 9/26/14; 

Commission’s opposition filed 9/26/14.

Second motion to purge contempt defendants or release contempt 

defendants pending determination of less restrictive mean to purge 

contempt filed 10/16/14; Commission’s response filed 1/13/15; 

granted 1/20/15.

Motion to stay execution of judgment pending appeal entered 10/30/14; 

denied 1/23/15.

Appellants’ briefs (No. 14-13131) filed 10/30/14.

Order that the US Marshal’s Service release Jared Wheat and Stephen 

Smith from incarceration entered 11/10/14.

Commission’s answering brief (No. 14-13131) filed 1/9/15; appellants’ 

reply briefs filed 2/17/15.

Oral argument in Eleventh Circuit held 4/17/15.

Opinion vacating district court’s judgment of contempt and remanding 

case to district court for further proceedings entered 5/5/15.

Commission’s motion for clarification filed 6/4/15; Hi-Tech 

Pharmaceuticals response filed 6/18/15.

Commission’s motion for entry of contempt judgement relating to HiTech Pharmaceuticals, Inc., Jared Wheat, and Stephen Smith’s 

violation of section VI and motion for compensatory sanctions 

filed 8/20/15; opposition filed 10/9/15; Commission’s reply filed 

10/26/15; order denying motion with leave to refile entered 

11/4/15.

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

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

Wheat, and Stephen Smith, and Terrill Mark Wright entered 

10/31/17.

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

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

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

filed 7/30/18.

Oral argument held 7/26/19.

Opinion affirming district court judgment entered 9/18/19.

Appellants’ petition for rehearing en banc filed 11/1/19; denied 1/29/20.

Appellant Hi-Tech Pharmaceuticals’ petition for writ of certiorari filed 

6/26/20; certiorari denied 11/2/20. 

Motion for relief from judgment by Defendants Hi-Tech Pharmaceuticals, 

Inc. and Jared Wheat filed 5/13/21; Commission’s opposition filed 

5/26/21; Defendants’ reply filed 6/9/21.
49

FTC v. NATIONAL WEB DESIGN, No. 2:20-cv-846 (D. Utah)

Parties: National Web Design, LLC

B2B Website Design, LLC d/b/a Affiliate Web Design

Amazon Affiliate Program, LLC d/b/a The Affiliate Consultants

R&C Consultation, LLC d/b/a R&C Consulting

Randon J. Morris a/k/a Randy Morris

Assigned Attorneys: Laura C. Basford (BCP/MP)

D. Allen Dreschel

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

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

marketing of fraudulent work-from-home business opportunity programs 

through illegal robocalls.

Status: Complaint filed 11/30/20.

Ex parte TRO granting asset freeze, appointment of temporary receiver, 

and immediate access entered 12/1/20.

Order granting joint motion to stay proceedings pending Commission 

review of a proposed settlement entered 1/13/21.

Stipulated permanent injunction and monetary judgment entered 3/12/21.

FTC v. NEORA LLC, No. 3:19-cv-19699 (D. N.J.); No. 3:20-cv-01979 (N.D. Tex.) 

Parties: Neora LLC, f/k/a Nerium International, LLC

Jeffrey Olson

Signum Biosciences, Inc.

Signum Nutralogix

Assigned Attorneys: Guy Ward (MWR)

Katharine Roller

David O’Toole

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

Act in connection with advertising, promoting, and distributing a 

nutritional supplement.

Status: Complaint filed 11/1/19.

Stipulated order for permanent injunction as to Defendants Signum 

Biosciences Inc. and Signum Nutralogix entered 11/15/19.

Defendants Neroa LLC and Jeffrey Olson’s motion to dismiss filed 

12/11/19; Commission’s opposition filed 12/23/19; defendants 

reply filed 12/30/19.
50

Order granting defendants’ motion to transfer case to the U.S. District 

Court for the Northern District of Texas entered 7/27/20.

Defendants Neora LLC and Jeffrey Olson’s motion for judgment on the 

pleadings filed 5/17/21; Commission response filed 6/7/21; 

Defendant’s response filed 6/21/21.

FTC v. NETFORCE SEMINARS, No. 2:00-cv-02260 (D. Ariz.)

Parties: Netforce Seminars

Scott Harris

Thomas Socca

J.D. Noland

Richard Slaback

Darin Epps

Edward Lamont

Associated Attorneys: Evan Mendelson (BCP/ENF)

Jonathan Ware

Alleged Conduct: Contempt action for violations of a 2002 permanent injunction in 

connection with a pyramid scheme.

Status: Stipulated final judgment and order for permanent injunction against

J.D. Noland entered 7/2/02.

Motion for an order to show cause why James D. Noland, Jr., Success by 

Media Holdings Inc., and Success by Media LLC should not be 

held in contempt filed 1/17/20; Defendant J.D. Nolan response 

filed 2/20/20; Commission’s reply filed 2/27/20.

Motion for order to show cause why Scott Harris and Thomas Sacca 

should not be held in contempt filed 4/10/20; Defendants’ 

responses filed 6/15/20; Commission’s reply filed 6/22/20.

Order granting motions to show cause in part and denying in part (court 

will address FTC’s request for civil contempt sanctions after it 

resolves FTC’s request for a permanent injunction in FTC v. 

Noland) entered 7/6/20.

Commission motion for sanctions for contempt against Defendants James 

D. Noland Jr., Scott Harris, Thomas Sacca, Success by Media, 

LLC, and Success by Media Holdings Inc. filed 6/23/21.

FTC v. JAMES NOLAND, No. 2:20-cv-00047 (D. Ariz.)

Parties: James D. Noland, Jr.

Lina Noland

Scott A. Harris

Thomas G. Sacca, Jr.
51

Success by Media Holdings Incorporated Success by Media d/b/a Success 

by Health

Success by Media, LLC, d/b/a Success by Health

Thomas G. Sacca

Associated Attorneys: Evan Michael Mendelson (BCP/ENF)

Jonathan Wesley Ware

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

Merchandise Rule, and the Cooling-Off Rule, in connection with a 

pyramid scheme.

Status: Complaint filed 1/8/20.

TRO with asset freeze entered 1/8/20.

Amended complaint for permanent injunction filed 1/17/20.

TRO as to Thomas G. Sacca entered 1/17/20.

Preliminary injunction hearing held 2/12/20.

Preliminary injunction entered 2/27/20.

Defendants’ motion to dismiss case or compel joinder of parties filed 

7/28/20; Commission’s opposition filed 7/31/20; reply filed 8/7/20; 

order denying motion entered 9/21/20.

Defendants’ motion to dissolve or modify the preliminary injunction filed 

9/7/20; Commission’s opposition filed 9/21/20; reply filed 9/28/20; 

order denying motion entered 10/27/20. 

Defendants’ motion to stay pending the Supreme Court’s decisions in 

Credit Bureau Center and AMG Capital Mgmt filed 10/21/20; 

Commission’s opposition filed 11/4/20; reply filed 11/12/20; order 

denying stay entered 12/3/20. 

Motion for sanctions against individual defendants for intentional 

spoliation of evidence filed 1/28/21; Defendants’ opposition filed 

2/19/21; Commission’s reply filed 2/25/21.

Motion for summary judgment as to liability filed 3/12/21; Defendants’ 

opposition filed 5/3/21; Commission’s reply filed 6/28/21.

Motion for preliminary injunction with asset freeze and receivership filed 

5/18/21; Defendants’ opposition filed 6/11/21; Commission’s reply 

filed 6/16/21.

Motion for summary judgment as to monetary remedies filed 6/23/21.

FTC v. NUDGE LLC, No. 2:19-cv-00867 (D. Utah) 

 

Parties: Nudge LLC

Response Marketing Group, d/b/a 3 Day Real Estate Training, Abundance

Edu, LLC, Affluence Edu, LLC, American Money Tour, Cash 

Flow EDU, Clark EDU, LLC, Edge 2 Real Estate, Evtech Media 

North, Flip for Life, Flipping For Life, Income Events, Insider’s 

Financial Education, LLC, Leading Financial Education, LLC, 
52

Onwealth, Power Flip, Prosper Live, Property Education, LLC, 

Renovate To Rent, Simple Real Estate Training, Smart Flip, Snap 

Flip, US Education Advance, Vintage Flip, Visionary Events, 

Wealth Tribe, Women’s Empowerment, Yancey Events, Yancey, 

LLC, and Your Real Estate Today

BuyPD

Brandon B. Lewis

Ryan C. Poelman

Phillip W. Smith

Shawn L. Finnegan

Clint R. Sanderson

Dean Graziosi

Scott Yancey

Utah Division of Consumer Protection (Co-Plaintiff)

Assigned Attorneys: Darren Lubetzky (NER)

Brian Lasky

Christopher Miller

Savvas Diacosavvas

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 real estate 

investment training scheme.

Status: Complaint filed 11/5/19.

Order granting TRO in part entered 12/19/19.

Defendants’ motion to dismiss filed 11/19/19; Commission’s opposition 

filed 12/2/19; defendants’ reply filed 12/11/19; Commission’s surreply filed 12/18/19; order denying in part motion to dismiss 

entered 12/31/19.

Stipulated preliminary injunction entered 12/19/19.

Defendants’ motion to stay proceedings pending Supreme Court review of 

availability of monetary relief under Section 13(b) of the FTC Act

filed 12/30/19; Commission’s opposition filed 1/13/20; reply filed 

1/27/20; motion denied 3/25/20.

Defendants’ motion to stay pending the Supreme Court’s decisions in 

Credit Bureau Center and AMG Capital Mgmt filed 7/20/20; 

Commission’s opposition filed 8/3/20; reply filed 8/17/20.

Amended complaint adding new defendants Dean Graziosi and Scott 

Yancey filed 11/18/20.

Motion for partial summary judgment by Utah Division of Consumer 

Protection filed 12/21/20; opposition and cross-motion for partial 

summary judgment by Defendants BuyPD, Shawn Finnegan, 

Brandon Lewis, Nudge LLC, Ryan Poelman, Response Marketing 

Group, Clint Sanderson, and Phillip Smith filed 1/25/21; Utah’s 

reply filed 2/8/21; Defendants’ additional reply filed 3/4/21.
53

Third party complaint in intervention for declaratory relief against all 

defendants by American Estate and Trust DBO Erryl Sloan IRA, 

Erryl Sloan, E&R Enterprise, Rosemary Sloan, American Estate 

and Trust FBO Rosemary Sloan IRA filed 12/22/20.

Motion to dismiss for failure to state a claim by Defendants Dean Graziosi 

and Scott Yancey filed 1/19/21; Commission opposition filed 

2/16/21; Defendants’ reply filed 3/2/21.

Motion for partial summary judgment by Defendants BuyPD, Shawn 

Finnegan, Brandon Lewis, Nudge LLC, Ryan Poelman, Response 

Marketing Group, Clint Sanderson, and Phillip Smith filed 5/5/21; 

Commission opposition filed 6/2/21; Defendants’ reply filed 

6/16/21.

FTC v. UNKNOWN PARTIES DECEIVING CONSUMERS, No. 5:20-cv-2494 (N.D. Ohio)

Parties: One or more unknown parties deceiving consumers into making purchases 

through www.cleanyos.com | www.arlysol.com | www.broclea.com | 

www.cadclea.com | www.cleancate.com | www.cleankler.com | 

www.cleanula.com | www.clean-sale.com | www.clean-sell.com | 

www.clorox-sale.com | www.clorox-sales.com | www.cloroxstore.com | 

www.crlysol.com | www.elysol.com | www.littletoke.com | 

www.lybclean.com | www.lysoiclean.com | www.lysol-clean.com | 

www.lysol-cleaners.com | www.lysol-free.com | www.lysolsales.com | 

www.lysolservicebest.com | www.lysol-sell.com | www.lysol-wipe.com | 

www.thaclean.com

Assigned Attorneys: Harris Senturia (ECR)

Adrienne Watson

Fil de Banate

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) and 45(a) of the 

FTC Act in connection with counterfeit websites purporting to sell Clorox 

and Lysol cleaning and disinfecting products.

Status: Complaint filed 11/4/2020.

TRO entered 11/05/2020.

Preliminary injunction entered 11/19/20.

FTC v. PUBLISHERS BUSINESS SERVICES, INC., No. 19-507 (S. Ct.); Nos. 17-15600; 11-

17270 (9th Cir.); No. 2:08-cv-00620 (D. Nev.)

Parties: Publishers Business Services, Inc.

Ed Dantuma Enterprises, Inc. d/b/a Publishers Direct Services d/b/a

Publishers Business Services

Persis Dantuma

Brenda Dantuma Schang
54

Dries Dantuma

Dirk Dantuma

Jeffrey Dantuma

Edward Fred Dantuma

Assigned Attorneys: Faye Chen Barnouw (WRLA)

Maricela Segura

Karen Goff (WRSF)

Joel Marcus (OGC)

Mariel Goetz

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

Telemarketing Sales Rule in connection with the marketing and sale of 

magazine subscriptions.

Status: Complaint filed 5/14/08.

Amended complaint filed 2/5/09.

Commission’s motion for summary judgment filed 7/31/09; opposition 

filed 11/23/09; reply filed 12/7/09.

Order granting the Commission’s motion for summary judgment entered 

4/7/10.

Order for permanent injunction as to all defendants entered 4/7/10.

Commission’s opening brief on the issue of damages filed 4/20/10.

Final judgment as to all defendants entered 7/25/11.

Commission’s opening brief filed 2/13/12; defendants’ answering brief

filed 4/13/12; reply brief filed 5/11/12.

Memorandum disposition remanding case to district court entered 9/19/13.

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

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

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

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

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

Notice of appeal filed 3/31/17.

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

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

Oral argument held 8/15/18.

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

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

opposition filed 12/20/18. 

Order denying appellants’ petition for rehearing en banc entered 6/19/19.

Petition for writ of certiorari filed 10/18/19; Commission’s brief in 

opposition filed 12/13/19; reply brief filed 12/23/19; supplemental 

brief of petitioners filed 6/30/20.

Writ of certiorari granted and order remanding to the Ninth Circuit in light 

of the Court’s ruling in AMG entered 5/3/21.
55

Ninth Circuit opinion affirming the district court’s permanent injunction, 

vacating the awarded monetary judgment for equitable relief under 

13(b), and remanded for further proceedings to determine if further 

relief is warranted entered 6/10/21.

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

(2d Cir.); No. 1:17-cv-00124 (S.D.N.Y.)

Parties: Quincy Bioscience Holding Company, Inc.

Quincy Bioscience, LLC

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

Quincy Bioscience Manufacturing, LLC

Mark Underwood

State of New York (Plaintiff)

Assigned Attorneys: Annette Soberats (BCP/AP)

Edward Glennon

Andrew Wone

Bradley D. Grossman (OGC)

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

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

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

memory improvement supplement, Prevagen.

Status: Complaint filed 1/9/17.

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

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

entered 9/29/17.

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

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

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

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

Oral argument held 2/8/19.

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

for further proceedings entered 2/21/19.

Corporate defendants’ supplemental brief on motions to dismiss filed 

6/17/19; individual defendants’ supplemental brief on motions to 

dismiss filed 6/18/19; Commission’s opposition to corporate 

defendants’ motions filed 7/1/19; Commission’s opposition to 

individual defendants’ motions filed 7/2/19.

Order denying motion to dismiss with respect to the validity of the FTC’s 

quorum and as to claims against individual defendant Mark 

Underwood but granting motion to dismiss as to the claims against 

individual defendant Michael Beaman entered 7/24/19.

Order granting in part and denying in part Plaintiffs’ motion to strike eight 
56

affirmative defenses entered 3/2/20.

Order granting defendants a jury trial entered 4/26/21.

FTC v. QYK Brands, LLC, No. 8:20-cv-1431 (C.D. Cal.)

Parties: QYK Brands, LLC d/b/a Glowwy

DRJSNATURAL, LLC

Theo Pharmaceuticals, Inc.

EASII, Inc.

Rakesh Tammabattula

Jacqueline Nguyen

Assigned Attorneys: Katherine Johnson (BCP/ENF)

Kristy Tillman

Delilah Vinzon (WR-LA)

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

Act in connection with the sale and marketing of face masks, sanitizer, and 

other personal protective equipment related to the coronavirus pandemic. 

Status: Complaint filed 8/4/20.

Stipulated TRO entered 8/9/20. 

Stipulated preliminary injunction entered 8/26/20. 

Amended complaint adding new defendants Theo Pharmaceuticals, Inc. 

and EASII, Inc. filed 5/19/21.

Defendants’ motion to dismiss case filed 6/23/21.

FTC v. RAGINGBULL.COM, LLC, No. 1:20-cv-3538 (D. Md.)

Parties: Ragingbull.com, LLC f/k/a Lighthouse Media, LLC

Jeffrey M. Bishop

Kyle W. Dennis

Jason Bond

MFA Holdings Corp.

Jason Bond, LLC

Winston Corp.

Winston Research, Inc.

Sherwood Ventures, LLC

Assigned Attorneys: Colleen Robbins (BCP/MP)

Gordon Sommers

Laura Basford 

Sung Kim

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

the Restore Online Shoppers’ Confidence Act in connection with the 
57

marketing and sale of online services related to stock and options trading.

Status: Complaint filed 12/7/20. 

TRO and order to show cause why a preliminary injunction should not 

issue entered 12/8/20.

Defendants’ response to order to show cause filed 1/13/21; Commission 

reply filed 1/27/21; hearing held 3/19/21

Amended complaint filed 2/4/21.

Motion to dismiss by Defendants Jason Bond, LLC, and Sherwood 

Ventures, LLC filed 4/16/21; motion to dismiss for failure to state 

a claim and strike request for monetary relief by Defendants Kyle 

W. Dennis, Winston Corp., and Winston Research Inc. filed 

4/16/21; Commission opposition filed 5/18/21; Defendant Kyle 

Dennis’s reply filed 6/1/21.

Notice of voluntary dismissal as to Defendants Winston Corp., and 

Winston Research Inc. filed 5/18/21; order of dismissal entered 

5/18/21. 

Commission motion to amend complaint filed 6/11/21; Defendant Kyle 

Dennis’s opposition filed 6/25/21.

FTC v. ROCA LABS, INC., Nos. 6:20-cv-2117, 8:15-cv-2231 (M.D. Fla.)

Parties: Roca Labs, Inc.

Roca Labs Nutraceutical USA, Inc.

Don Juravin 

George C. Whiting

Assigned Attorneys: Carl H. Settlemyer (BCP/AP)

Paul Bryan Spelman

Mariel Goetz (OGC)

Kimberly Nelson (BCP/ENF)

Michael Mora

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

deceptive marketing of weight loss products. 

Status: Complaint filed 9/24/15.

Permanent injunction and monetary judgment against all defendants 

entered 11/6/18.

Notice of appeal by defendant Don Juravin from bankruptcy court’s ruling 

that the judgment debt he owes to the Commission is not 

dischargeable filed 11/10/20.

Order dismissing appeal for failure to prosecute entered 4/2/21.

FTC v. SEED CONSULTING, LLC, No. 2:21-cv-00154 (D. Nev.)
58

Parties: Seed Consulting, LLC d/b/a Seed Capital d/b/a Foundation Funding

Credit Navigator, LLC

Erik Gantz

Randy Lang

Assigned Attorneys: Brian Lasky (NER)

Christopher Y. Miller

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

Telemarketing Sales Rule, and the Consumer Review Fairness Act in 

connection with a credit card stacking scheme.

Status: Complaint filed 1/29/21.

Stipulated permanent injunction and monetary judgment entered 2/1/21.

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

Parties: Simple Health Plans, LLC

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

Health d/b/a Simple Health Plans d/b/a Simple Insurance d/b/a 

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

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

d/b/a National Dental Savings

Health Center Management LLC

Innovative Customer Care LLC

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

Senior Benefits One LLC

Steven J. Dorfman

Assigned Attorneys: Elizabeth Scott (MWR)

James Davis

Joannie Wei

Kenneth Hawkins

Roberto Menjivar

Nathaniel Al-Najjar

Brad Grossman (OGC)

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

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

marketing of limited benefit insurance plans and medical discount 

memberships.

Status: Complaint filed 10/29/18

TRO entered 10/31/18; order extending TRO entered 12/21/18.
59

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

temporary restraining order, order on motion to appoint receiver, 

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

strike filed 3/4/19.

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

Preliminary injunction hearing held 4/16/19.

Preliminary injunction entered 5/14/19.

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

Order by district court denying defendants’ motion to stay proceedings 

pending appeal entered 5/31/19.

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

lower court proceedings entered 6/11/19.

Defendant Steven Dorfman’s motion to dissolve preliminary injunction 

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

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

filed 7/24/19; Dorfman’s reply brief filed 8/14/19.

Amended complaint filed 10/31/19.

Motion to dismiss amended complaint filed 12/16/19; Commission’s 

response filed 12/30/19; Dorfman’s response filed 1/6/20; motion 

granted in part 6/15/20.

Eleventh Circuit opinion affirming district court’s preliminary injunction 

against Steven Dorfman entered 2/5/20.

Preliminary injunction as to Candida Girouard entered 4/2/20.

Second amended complaint filed 6/23/20.

Defendants’ motion to stay pending the Supreme Court’s decisions in 

Credit Bureau Center and AMG Capital Mgmt filed 7/10/20; 

Commission’s opposition filed 7/17/20; order denying stay entered 

8/3/20.

Motion to dismiss second amended complaint by Steven Dorfman and 

Candida Girouard filed 7/15/20; Commission’s opposition filed 

7/29/20; reply filed 8/5/20, order denying motion to dismiss 

entered 10/19/20. 

Commission motion for summary judgment filed 1/15/21; Steven 

Dorfman’s opposition filed 2/12/21; Commission’s reply filed 

2/16/21.

Defendant Steven Dorfman’s motion for summary judgment filed 1/15/21; 

Commission’s opposition filed 2/12/21; Steven Dorfman’s reply 

filed 2/16/21.

Defendant Steven Dorfman’s emergency motion to dissolve preliminary 

injunction filed 4/22/21; Commission opposition filed 4/30/21; 

Dorfman’s reply filed 5/3/21; Commission supplemental brief filed 

6/10/21; Dorfman’s supplemental brief filed 6/10/21.

FTC v. SPM THERMO-SHIELD, INC., No. 2:20-cv-542 (M.D. Fla.)

Parties: SPM Thermo-Shield, Inc. 
60

Peter J. Spiska

George P. Spiska

Assigned Attorneys: Joshua Millard (BCP/ENF)

Kristy Tillman

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

connection with false or unsubstantiated R-value and energy savings 

claims about their architectural coating products.

Status: Complaint filed 7/28/20.

Defendants’ motion to dismiss filed 10/5/20; Commission’s opposition 

filed 10/19/20; order denying defendants’ motion entered 11/6/20.

Motion to dismiss by Defendants filed 5/14/21; Commission’s opposition 

filed 5/24/21; order granting motion in part as to request for 

equitable monetary relief and denying in all other respects entered 

5/27/21.

Amended complaint filed 6/2/21.

FTC v. STUDENT ADVOCATES TEAM, LLC, No. 8:19-cv-01728 (C.D. Cal.)

Parties: Student Advocates Team, LLC

Progress Advocates Group, LLC, d/b/a Student Advocates

Student Advocates Group, LLC

Assurance Solution Services, LLC

Bradley Jason Hunt

Sean Quincy Lucero

Equitable Acceptance Corp.

Assigned Attorneys: John Jacobs (WR-LA)

Delilah Vinzon

Maricela Segura

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

Telemarketing Sales Rule, and the Truth in lending Act and its 

implementing Regulation Z, in connection with marketing, promotion, 

offering for sale, sale, and extension of credit for the purchase of student 

loan debt relief services.

Status: Complaint filed 9/11/19.

Stipulated order for permanent injunction, monetary relief and final 

judgment as to Equitable Acceptance Corporation entered 9/12/19.

Default entered by the clerk against corporate defendants on 10/23/19.

Motion to dismiss by defendants Bradley Jason Hunt and Sean Quincy 

Lucero filed 10/18/19; Commission’s opposition filed 10/28/19; 

defendants’ reply in support filed 11/4/19; order denying motion 
61

entered 12/18/19.

FTC’s motion to strike affirmative defenses filed 2/14/20; order striking 

Defendants’ affirmative defenses entered 4/8/20.

Stipulated order staying case pending Commission review of proposed 

settlement entered 3/11/21.

Stipulated orders of permanent injunctions, monetary relief, and final 

judgment as to all remaining Defendants entered 5/17/21.

FTC v. SUPERGOODDEALS.COM, INC., No. 1:20-cv-3027 (E.D.N.Y.)

Parties: SuperGoodDeals.com, Inc.

Kevin J. Lipsitz

U.S. Attorney’s Office, Eastern District of New York (Intervenor) 

Assigned Attorneys: Brian Martin Welke (BCP/ENF)

Evan Mendelson

Savvas Socrates Diacosavvas

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

connection with the advertising of facemasks and other personal protective 

equipment. 

Status: Complaint filed 7/8/20.

Unopposed motion by U.S. Attorney’s Office to intervene and to stay case

during pendency of parallel criminal case filed 9/15/20; motion 

granted 9/18/20.

FTC v. SUPERIOR PRODUCTS INTERNATIONAL II, INC., No. 2:20-cv-2366 (D. Kans.)

Parties: Superior Products International II, Inc. 

Joseph E. Pitchett

Assigned Attorneys: Adrienne Lighten (BCP/ENF)

Jonathan Ware

Jon Fleenor

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

connection with false or unsubstantiated R-value and energy savings 

claims about their architectural coating products.

Status: Complaint filed 7/28/20.

Defendants’ answer filed 9/28/20. 

Commission’s motion to strike affirmative defense filed 10/19/20; 

defendants’ response filed 11/2/20; Commission’s reply filed 

11/16/20; order granting commission’s motion to strike 

defendants’ affirmative defense entered 12/18/20. 
62

Commission’s notice of change in law and withdrawal of request for 

equitable monetary relief filed 5/10/21.

Motion for leave to file amended complaint filed 6/22/21.

FTC v. SUPERTHERM, INC., No. 3:20-cv-8190 (D. Ariz.)

Parties: SuperTherm, Inc.

Roberto Guerra

Susana Guerra

Assigned Attorneys: Jonathan Wesley Ware (BCP/ENF)

Michelle Schaefer

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

connection with false or unsubstantiated R-value claims about their 

architectural coating products. 

Status: Complaint filed 7/28/20.

Clerk’s entry of default as to all defendants entered 9/11/20.

Order for Commission to show cause why case should not be dismissed 

for failure to prosecute entered 1/8/21; Commission response filed 

1/22/21.

Motion for default judgment against all Defendants filed 3/26/21; 

Commission supplemental brief filed 4/26/21.

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

Parties: Surescripts, LLC

Assigned Attorneys: Bradley Albert (BC/HC)

Markus Meier

David B. Schwartz

Joseph P. Mathias

Tanya O’Neil

Daniel Matheson

Jordy Hur

Timothy Grayson

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

in connection with the defendants’ anticompetitive scheme to maintain its

monopolies in markets for electronic prescription routing and eligibility.

Status: Complaint filed 4/17/19.

Surescripts’ motion to dismiss for lack of jurisdiction filed 7/12/19; 

Commission’s opposition to motion filed 8/23/19; reply to motion 

filed 9/13/19; order denying motion to dismiss entered 1/17/20.
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Motion to amend order denying Surescripts’ motion to dismiss to certify 

two aspects of the order for interlocutory appeal filed 3/6/20; 

Commission’s opposition filed 3/27/20; reply filed 4/10/20; motion 

denied 5/21/20.

Stipulated order dismissing without prejudice the Commission’s request 

for equitable monetary relief entered 5/17/21.

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

Parties: Tate’s Auto Center of Winslow Inc.

Tates Automotive Inc.

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

Tate’s Auto Center of Gallup Inc.

Richard Berry

Linda Tate

Assigned Attorneys: Gregory Ashe (BCP/FP)

Naomi Takagi

Dan Hanks

Francis Conlon

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

the Truth in Lending Act and its implementing regulations in connection 

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

Status: Complaint filed 7/31/18.

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

response filed 3/27/19.

Commission’s motion for summary judgment as to individual defendant 

Richard Berry and relief defendant Linda Tate filled 3/24/20; 

defendants’ opposition filed 5/22/20; Commission’s reply filed

6/11/20.

Stipulated order for permanent injunction and monetary judgment as to 

four corporate defendants entered 8/18/20.

Commission motion for summary judgment granted in part and denied in 

part 2/5/21.

Order granting joint stipulation to stay case pending Commission review 

of settlement agreement entered 4/23/21.

FTC v. VYERA PHARMACEUTICALS, LLC, No. 1:20-cv-00706 (S.D.N.Y.)

Parties: Vyera Pharmaceuticals, LLC

Phoenixus AG

Kevin Mulleady

Martin Shkreli

State of New York (Co-Plaintiff)
64

State of California (Co-Plaintiff)

State of Illinois (Co-Plaintiff)

State of North Carolina (Co-Plaintiff)

State of Ohio (Co-Plaintiff)

Commonwealth of Pennsylvania (Co-Plaintiff)

Commonwealth of Virginia (Co-Plaintiff)

Assigned Attorneys: Markus H. Meier (BC/HC)

Bradley S. Albert

Armine Black

Daniel W. Butrymowicz

Leah Hubinger

Lauren Peay

Neal Perlman

J. Maren Schmidt

James Weingarten (BC/Office of the Director)

Alleged Conduct: Violations of Sections 1 and 2 of the Sherman Act and unfair methods of 

competition in violation of Section 5 of the FTC Act, in connection with 

scheme to maintain a monopoly for the life-saving drug, Daraprim.

Status: Complaint filed 1/27/20.

Amended complaint adding six state plaintiffs filed 4/14/20.

Defendants’ motions to dismiss filed 5/22/20; FTC’s opposition to 

defendants’ motions to dismiss filed 7/6/20; defendants’ replies

filed 7/27/20; order denying the motions to dismiss entered 

8/18/20.

Commission letter motion for spoliation sanctions against Defendants filed 

5/17/21; defendants’ responses filed 5/21/21; order imposing

sanctions entered 6/1/21.

Order dismissing Commission’s prayer for equitable monetary relief 

entered 6/2/21.

FTC v. WELLCO, INC., No. 1:21-cv-2081 (S.D.N.Y.)

Parties: Wellco, Inc.

George M. Moscone

Assigned Attorneys: Carl H. Settlemyer (BCP/AP)

Michael F. Ostheimer

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

connection with the marketing and selling of indoor TV antennas and 

amplifiers.

Status: Complaint filed 3/10/21.
65

Stipulated order for permanent injunction and monetary judgment entered 

4/7/21.

FTC v. YELLOWSTONE CAPITAL, LLC, No. 1:20-cv-6023 (S.D.N.Y.)

Parties: Yellowstone Capital, LLC

Fundry, LLC

Yitzhak Stern aka Isaac Stern

Jeffrey Reece

Assigned Attorneys: Evan Zullow (BCP/FP)

Ioana Gorecki

Christopher Leach

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

Act in connection with the advertising, offering, and repayment of small 

business financing.

Status: Complaint filed 8/3/20.

Defendants’ motion to dismiss filed 10/2/20; Commission’s opposition to 

motion filed 10/16/20; motion denied 10/30/20.

Stipulated order for permanent injunction and monetary judgment entered 

5/4/21.

FTC v. ZAAPPAAZ, LLC, No. 4:20-cv-2717 (S.D. Tex.)

Parties: Zaappaaz, LLC

Azim Makanojiya

Assigned Attorneys: Anne Collesano (BCP/ENF)

Adrienne Lighten

Michelle Schaefer

James Elliott (SER)

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

connection with the failure to deliver on promises to quickly ship products 

like face masks, sanitizer, and other personal protective equipment related 

to the coronavirus pandemic.

Status: Complaint filed 8/4/20.

Stipulated preliminary injunction entered 8/8/20. 

FTC v. ZYCAL BIOCEUTICALS HEALTHCARE COMPANY, INC., No. 4:20-cv-10249 (D. 

Mass.)

Parties: Zycal Bioceuticals Healthcare Company, Inc.
66

James J. Scaffidi

Excellent Marketing Results, Inc.

Michael McGahee

Assigned Attorneys: Mary L. Johnson (BCP/AP)

Edwin Rodriguez

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

Act in connection with the marketing of purported joint pain relief 

products.

Status: Complaint filed 2/10/20.

Stipulated order for permanent injunction and monetary judgment against 

Excellent Marketing Results and Michael McGahee entered 

2/19/20.

FTC’s motion to strike Zycal defendants’ affirmative defenses and 

crossclaim filed 4/30/20; EMR defendants’ motion to dismiss 

crossclaim for failure to state a claim filed 5/22/20; Zycal 

defendants’ consolidated opposition filed 6/12/20; Commission’s 

reply filed 6/25/20; EMR defendants’ reply filed 6/26/20; Zycal 

defendants’ surreply filed 7/2/20; hearing on motions held 

11/23/20; order granting in part and denying in part FTC’s motion

to strike affirmative defenses and crossclaim, and granting EMR 

defendants’ motion to dismiss crossclaim, entered 3/16/21.

ZyCal motion for partial judgment on the pleadings filed 5/25/21; FTC’s

response filed 6/7/21; ZyCal reply filed 6/14/21; FTC’s surreply

filed 6/24/21.

CIVIL PENALTY AND ENFORCEMENT CASES*

(A)Consumer Protection

UNITED STATES v. APPFOLIO, INC., No. 1:20-cv-3563 (D.D.C.)

Parties: Appfolio, Inc.

Assigned Attorneys: Zachary Dietert (DOJ/CPB)

Alleged Conduct: Violations of the Fair Credit Reporting Act in connection with failures to 

follow reasonable procedures in preparing background screening reports 

that were sold to thousands of property-management companies. 

Status: Complaint filed 12/8/20.

Stipulated proposed order for permanent injunction and civil penalty 

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

may also be sought.
67

judgment filed 12/8/20; stipulated order entered 1/12/21.

UNITED STATES v. CARTISIM CORPORATION, No. 2:21-cv-212 (E.D.N.Y)

Parties: Cartisim Corporation

Simon Ebrani

Assigned Attorneys: Bonni Perlin (AUSA)

Kevin Yim

Benjamin Cornfeld (DOJ/Civ)

Alleged Conduct: Violations of the Better Online Ticket Sales Act (BOTS) in connection 

with the use of automated ticket-buying software to circumvent legal 

limits on online ticket purchases and unlawfully re-selling these tickets for 

revenue.

Status: Complaint filed 1/14/21.

Stipulated order for permanent injunction and civil penalty judgment 

entered 1/15/21.

UNITED STATES v. CONCERT SPECIALS, INC., No. 2:21-cv-214 (E.D.N.Y.)

Parties: Concert Specials, Inc.

Steven Ebrani

Assigned Attorneys: Bonni Perlin (AUSA)

Kevin Yim

Benjamin Cornfeld (DOJ/Civ)

Alleged Conduct: Violations of the Better Online Ticket Sales Act (BOTS) in connection 

with the use of automated ticket-buying software to circumvent legal 

limits on online ticket purchases and unlawfully re-selling these tickets for 

revenue.

Status: Complaint filed 1/14/21.

Stipulated order for permanent injunction and civil penalty judgment

entered 1/19/21.

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

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

Our School Search, College Info and Degree Spots

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

Raymond Fitzgerald

Ian Fitzgerald

David Cumming
68

Assigned Attorneys: Adam Wesolowski (BCP/FP)

Mark Glassman

Patrick Roy

William Joseph Hodor

Alleged Conduct: Violations of the Telemarketing Sales Rule in connection with unsolicited 

calls about educational programs to consumers who submitted their 

contact information to websites promising help with job searches, public 

benefits, and other unrelated programs.

Status: Complaint filed 3/22/19.

Status hearing held 6/10/19.

Order striking two of defendants’ affirmative defenses entered 2/28/20.

UNITED STATES v. DISH NETWORK LLC, Nos. 17-3111, 13-2282 (7th Cir.); 3:09-cv-3073 

(C.D. Ill.)

Parties: Dish Network L.L.C.

Assigned Attorneys: Russell Deitch (BCP/MP) 

Patrick Runkle (DOJ/CPB)

Lisa Hsiao

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.
69

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

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

 Amended complaint filed 3/12/13. 

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

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

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

filed 3/6/14.

 Motion for summary judgment by Dish Network filed 1/6/14; opposition 

filed 5/30/14.

 United States’ motion for summary judgment filed 5/30/14. 

Order directing parties to file memoranda addressing issue of deference 

 to agency’s interpretation of its regulations entered 7/8/14; parties’

 memoranda of law filed 8/8/14; parties’ responses to each other’s

 memoranda filed 8/22/14.

Order granting partial summary judgment for United States and partial 

 summary judgment for Dish Network entered 12/12/14.

Motion for sanctions by United States and state plaintiffs filed 7/20/15; 

memorandum in opposition filed 8/21/15; reply filed 9/10/15;

order granting motion in part and denying in part entered 10/13/15.

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

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

Stipulated order for permanent injunction and civil penalty judgment 

entered 6/5/17.

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

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

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

Oral argument held 9/17/18.

Seventh Circuit opinion affirming judgment of the district court, except 

for its holding that Dish is liable for “substantially assisting” Star 

Satellite and its measure of damages, vacating as to those matters, 

and remanding for further proceedings, entered 3/26/20.

Petition for rehearing and rehearing en banc by Dish Network filed 

6/10/20; petition denied 6/25/20.

Stipulated order for monetary judgment entered 12/4/20.

Judgment in favor of United States entered 1/7/21.

FTC v. GRAND BAHAMA CRUISE LINE, LLC, No. 6:20-cv-00052 (M.D. Fla.)

Parties: Grand Bahama Cruise Line, LLC

Ultimate Vacation Group, LLC

Tropical Accommodations LLC

VSC, LLC

Cabb Group, LLC

Florida V.S.C. Inc.

Jonathan Blake Curtis

Anthony DiGiacomo
70

Christopher A. Cotroneo

Christina R. Peterson

Robert J. Peterson II

Assigned Attorneys: Christopher E. Brown (BCP/MP)

Jody Goodman

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

Sales Rule in connection with the operation of a telemarketing campaign 

offering “free” cruise vacations that initiated illegal robocalls, calls to 

numbers on the Do-Not-Call registry, and calls with spoofed caller IDs.

Status: Complaint filed 1/10/20.

Stipulated final order for permanent injunction and monetary judgment as 

to defendants Cabb Group, LLC, Christina R. Peterson, and Robert 

J. Peterson II entered 1/15/20.

Stipulated final order for permanent injunction and monetary judgment as 

to defendant Christopher A. Cotroneo entered 1/15/20.

Order granting motion to stay proceedings pending Commission’s 

approval of settlement entered 2/2/21; order lifting stay as to nonsettling defendants entered 4/27/21.

UNITED STATES v. JUST IN TIME TICKETS, INC., No. 2:21-cv-215 (E.D.N.Y)

Parties: Just in Time Tickets, Inc.

Evan Kohanian

Assigned Attorneys: Bonni Perlin (AUSA)

Kevin Yim

Benjamin Cornfeld (DOJ/Civ)

Alleged Conduct: Violations of the Better Online Ticket Sales Act (BOTS) in connection 

with the use of automated ticket-buying software to circumvent legal 

limits on online ticket purchases and unlawfully re-selling these tickets for 

revenue.

Status: Complaint filed 1/14/21.

Stipulated order for permanent injunction and civil penalty judgment 

entered 1/15/21.

FTC v. MATCH GROUP, INC., No. 3:19-cv-02281 (N.D. Texas)

Parties: Match Group, Inc.

Assigned Attorneys: Reid Tepfer (SWR)

Hasan Aijaz
71

Matthew Wilshire

Alleged Conduct: Deceptive acts and practices in violation of section 5(a) in connection with 

the defendant’s online dating service.

Status: Complaint filed 9/25/19.

Defendant’s motion to dismiss for failure to state a claim filed 10/17/19; 

Commission’s response filed 11/5/19; defendant’s reply filed 

11/19/19.

Order staying case pending a ruling on Match Group’s motion to dismiss 

entered 4/22/20.

Order staying case pending Supreme Court decision in FTC v. Credit 

Bureau Center entered 10/9/20.

Joint status report on the effects of AMG filed 6/7/21.

UNITED STATES v. MYLIFE.COM, INC., No. 2:20-cv-6692 (C.D. Cal.)

Parties: MyLife.com, Inc.

Jeffrey Tinsley

Assigned Attorneys: Lisa Hsiao (DOJ/CPB)

Zachary Dietert

Patrick Raymond Runkle

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

Restore Online Shoppers’ Confidence Act, the Telemarketing Sales Rule, 

and the Fair Credit Reporting Act in connection with “teaser background 

reports” that often falsely claimed to include information about arrest, 

criminal, and sex offender records, as well as misleading billing and 

marketing practices. 

Status: Complaint filed 7/27/20.

Defendants’ motions to dismiss filed 9/29/20; motions striken 9/30/20.

Defendants’ motions to dismiss refiled 10/1/20; United States’ opposition 

filed 10/19/20; defendants’ reply filed 10/26/20; motions to 

dismiss denied 11/6/20. 

UNITED STATES v. ERIC ANTHONY NEPUTE, No. 4:21-cv-00437 (E.D. Mo.)

Parties: Eric Anthony Nepute

Quickwork LLC d/b/a Wellness Warrior

Assigned Attorneys: Ben Cornfeld (DOJ/CPB)

Brandon Robers

Kristin Williams (BCP/AP)
72

Mary Johnson

Brady Williams

Alleged Conduct: Violations of the COVID-19 Consumer Protection Act, and Sections 5 and 

12 of the FTC Act, in connection with false or unsubstantiated claims that 

dietary supplements containing vitamin D and zinc treat or prevent 

COVID-19, and are as good or better than available COVID-19 vaccines 

at treating or preventing the virus.

Status: Complaint filed 4/15/21.

Stipulated preliminary injunction entered 5/5/21.

Defendant Nepute’s motion to dismiss and motion for sanctions filed 

6/3/21; United States’ opposition filed 6/17/21; Defendant 

Quickwork’s partial joinder of Nepute’s motion to dismiss filed 

6/18/21; Defendant Nepute reply filed 6/28/21; Defendant 

Quickwork’s partial joinder of Nepute’s reply filed 6/28/21.

FTC v. RCG ADVANCES LLC, No. 1:20-cv-04432 (S.D.N.Y.)

Parties: RCG Advances, LLC, f/k/a Richmond Capital Group LLC, d/b/a Viceroy 

Capital Funding and Ram Capital Funding

Ram Capital Funding LLC

Robert L. Giardina

Tzvi Reich

Jonathan Braun

Assigned Attorneys: Marguerite Moeller (BCP/FP)

Gregory Ashe

Elizabeth Kwok

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

FTC Act and the Gramm-Leach-Bliley Act in connection with the 

marketing, offering, and collecting of small business financing.

Status: Complaint filed 6/10/20.

Ram Capital Funding, LLC and Tzvi Reich’s motion to dismiss filed 

8/10/20; motion denied 8/13/20.

Robert L. Giardina’s motion to dismiss filed 8/21/20; motion denied 

10/30/20.

First amended complaint for civil penalties, permanent injunction, 

monetary relief, and other relief filed 6/10/21.

FTC v. ROMERO, No. 5:21-cv-343 (M.D. Fla.)

Parties: Frank Romero d/b/a Trend Deploy
73

Assigned Attorneys: Michael Mora (BCP/ENF)

Christopher Erickson

Alleged Conduct: Violations of Sections 5(a) and 12 of the FTC Act, the Mail Order Rule, 

and the COVID-19 Consumer Protection Act in connection with the 

marketing and sale of personal protective equipment during the COVID19 pandemic.

Status: Complaint filed 6/29/21.

UNITED STATES v. VIVINT SMART HOME INC., No. 2:21-cv-267 (D. Utah)

Parties: Vivint Smart Home, Inc.

Assigned Attorneys: Brian M. Boynton (DOJ/Civ)

Alisha Crovetto

Alleged Conduct: Violations of Section 5 of the FTC Act, the Fair Credit Reporting Act, and 

Red Flags Rule in connection with a scheme to improperly obtain 

consumer credit reports in order to qualify potential customers for 

financing for its home monitoring and security products.

Status: Complaint filed 4/29/21.

Stipulated order for permanent injunction and civil penalty judgment 

entered 5/3/21.

FTC v. ZURIXX LLC, No. 2:19-cv-00713 (D. Utah)

Parties: Zurixx, LLC

Brand Management Holdings, LLC 

CAC Investment Ventures, LLC (Puerto Rico)

CAC Investment Ventures, LLC (Utah)

Carlson Development Group, LLC (Utah)

Carlson Development Group, LLC (Puerto Rico)

CJ Seminar Holdings, LLC

Dorado Marketing and Management, LLC

JSS Investment Ventures, LLC

JSS Trust

Zurixx Financial, LLC (Utah)

Zurixx Financial, LLC (Puerto Rico)

Cristopher A. Cannon

James M. Carlson

Jeffrey D. Spangler

Gerald D. Spangler

Stephenie J. Spangler

Utah Division of Consumer Protection (co-plaintiff)
74

Assigned Attorneys: Collot Guerard (BCP/MP)

Joshua Doan

Amanda Grier

Thomas Harris

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

Consumer Review Fairness Act, the Telemarketing Sales Rule, as well as 

the Utah Consumer Sales Practices Act and the Utah Business Opportunity 

Disclosure Act in connection with the marketing and sale of real estate 

investment products and services.

Status: Complaint filed 9/30/19.

TRO entered 10/1/19.

Preliminary injunction entered 11/1/19.

Defendants’ motion for partial dismissal filed 11/19/19; Commission’s 

opposition file 12/17/19; defendants’ reply filed 12/31/19.

Order denying defendants’ motion to dismiss entered 2/26/20.

Defendants’ motion for interlocutory appeal and partial dismissal filed 

3/11/20; Commission’s opposition filed 3/25/20; defendants’ reply 

filed 4/8/20.

Order denying defendants’ motion for interlocutory appeal and partial 

dismissal entered 4/28/20.

Amended complaint filed 5/12/20.

Defendants’ motion to dismiss filed 8/17/20; Commission’s opposition 

filed 9/14/20; defendants’ reply filed 9/28/20.

Order denying defendants’ motion to dismiss, to stay discovery, and for 

relief from the preliminary injunction entered 11/24/20.

Amended complaint filed 2/12/21.

Motion to intervene by Annelise Agee, Byron Aldrink, Brian Banks, 

Joshua Jackson, Polar Prutaseranee, and Jeanne Rietzke filed 

5/11/21; Commission opposition filed 6/7/21; Movants’ reply filed 

6/28/21.

Motion for partial summary judgment by Defendants Brand Management 

Holdings, CAC Investment Ventures, CAC Investment Ventures 

Utah, CJ Seminar Holdings, Christopher Cannon, James Carlson, 

Carlson Development Group Puerto Rico, Carlson Development 

Group Utah, Dorado Marketing and Management, Jeffrey 

Spangler, Zurixx, Zurixx Financial Puerto Rico, and Zurixx 

Financial Utah filed 5/12/21; Commission opposition filed 6/9/21; 

Defendants’ reply filed 6/23/21.

Motion for partial summary judgment by Defendants JSS Investment 

Ventures, JSS Trust, Gerald Spangler, and Stephanie Spangler 

filed 5/28/21; Commission opposition filed 6/9/21; Defendants’ 

reply filed 6/29/21.
75

(B) Competition

None

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS

FTC v. NETLATITUDE INC., No. 4:21-mm-1300 (S.D. Tex.)

Parties: Netlatitude, Inc.

Assigned Attorneys: Miles Freeman (WR-LA)

James Elliot (SWR)

Nature of Action: Petition to enforce a CID

Status: Petition filed 5/8/21.

FTC v. PLATINUM PLUS PRINTING, LLC, No. 1:21-mc-00092 (D.D.C.)

Parties: Platinum Plus Printing, LLC

Assigned Attorneys: Burke Kappler (OGC)

Michele Arington

Nature of Action: Petition to enforce a CID

Status: Petition filed 6/24/21.

FTC v. THE STRATICS GROUP INC., No. 0:21-cv-61250 (S.D. Fla.)

Parties: The Stratics Group, Inc.

Assigned Attorneys: Suzanne Barth (BCP/MP)

Christopher Brown

Nature of Action: Petition to enforce a CID

Status: Petition filed 6/15/21.

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION

ALDABE v. COHEN, No. 1:21-cv-803 (D. Md.)

Parties: Fermin Aldabe 
76

Assigned Attorneys: Kimberly Phillips (AUSA)

Nature of Action: Action seeking a judicial declaration that the Commission exceeded its 

authority in its litigation against Atlantic International Bank. Ltd., causing 

negligent personal injury to a non-party consumer.

Status: Complaint filed 3/30/21.

Plaintiff’s motion for default judgment filed 6/10/21; Commission’s 

opposition filed 6/11/21; motion denied 6/22/21.

AXON ENTERPRISE INCORPORATED v. FTC, No. 20-15662 (9th Cir.); No. 2:20-cv-00014

(D. Ariz.)

Parties: Axon Enterprise Inc.

Assigned Attorneys: Bradley Craigmyle (DOJ/FPB)

Chetan Patil 

Rebecca Cutri-Kohart 

Joel Marcus (OGC)

Nature of Action: Action seeking a judicial declaration that the Commission does not have 

the authority to scrutinize plaintiffs’ business affairs and that the 

appropriate forum to adjudicate legality of plaintiffs’ acquisition is in an 

Article III court.

Status: Complaint filed 1/3/20.

Motion for preliminary injunction and supporting memorandum of points 

and authorities by plaintiff entered 1/9/20; Commission’s 

opposition filed 1/23/20; plaintiff’s reply filed 1/30/20.

Telephonic hearing held 4/1/20.

Order dismissing complaint without prejudice due to a lack of subject 

matter jurisdiction entered 4/8/20.

Notice of appeal filed 4/13/20.

Axon’s opening brief filed 5/1/20; Commission’s answering brief filed 

6/1/20; Axon’s reply brief filed 6/15/20.

Oral argument by video held 7/17/20.

Axon emergency motion to enjoin FTC administrative trial filed 9/29/20; 

Commission’s opposition filed 10/2/20.

Ninth Circuit order staying FTC administrative trial pending appeal 

entered 10/2/20.

Opinion affirming the dismissal of Axon’s complaint entered 1/28/21.

Axon petition for rehearing en banc filed 3/15/21; petition denied 4/15/21.

Axon motion to stay mandate to file writ of certiorari filed 4/15/21; 

Commission opposition filed 4/19/21; motion granted 4/21/21.
77

BLOCK & LEVITON, LLP v. FTC, Nos. 21-1172, 21-1195 (1st Cir.); No. 2:19-cv-00963 (D. 

Mass.)

Parties: Block & Leviton, LLP

Assigned Attorneys: Michele Arington (OGC)

Jason Weida (AUSA)

Nature of Action: Action under the Freedom of Information Act seeking access to agency 

records withheld by the Commission.

Status: Complaint filed 12/18/19.

Motion for summary judgment by Commission and intervenor Facebook 

filed 5/15/20; plaintiff’s opposition filed 6/5/20; replies filed 

6/19/20.

Hearing by video on motions for summary judgment held 7/30/20.

Order granting in part and denying in part motions for judgment, directing 

Commission to file supplemental Vaughn Index, entered 10/15/20.

Commission’s supplemental Vaughn Index filed 11/16/20.

Motion by Facebook to stay FTC’s disclosure of certain documents filed 

12/3/20; opposition by Block & Leviton filed 12/16; response by 

Commission filed 12/17/20; order denying motion but granting 

temporary stay to allow opportunity to appeal entered 2/22/21

Motion by Block & Leviton to enforce judgment as to certain documents 

filed 2/17/21; Commission and Facebook responses filed 3/3/21; 

order granting motion with temporary stay to allow opportunity to 

appeal entered on 3/5/21.

Facebook’s notices of appeal filed 3/1/21 and 3/9/21.

Stay pending appeal by Ninth Circuit granted 3/18/21.

Facebook’s opening brief in consolidated appeals filed 4/8/21; 

Commission’s brief filed 4/15/21; Block & Leviton’s response 

brief filed 4/22/21; Facebook’s reply brief filed 5/6/21.

Stipulation for voluntary dismissal by Facebook filed and judgment 

dismissing appeals entered 6/8/21

Stipulation of dismissal in district court by Block & Leviton filed 6/8/21.

BOARD OF DENTAL EXAMINERS OF ALABAMA v. FTC, No. 2:20-cv-1310 (N.D. Ala.)

Parties: Board of Dental Examiners of Alabama

Assigned Attorneys: Mariel Goetz (OGC)

Nature of Action: Action seeking to stop the Commission’s investigation into the board’s 

alleged antitrust practices, claiming immunity under the state-action 

doctrine.
78

Status: Complaint filed 9/2/20.

Motion to dismiss by Commission filed 11/13/20; plaintiff’s opposition 

filed 12/4/20; Commission’s reply filed 12/21/20.

Order consolidating case with private antitrust litigation against Board and 

entering a limited stay pending a decision in Leeds v. Board of 

Dental Examiners of Alabama entered 12/4/20.

Complaint dismissed without prejudice for lack of jurisdiction 2/3/21.

COLE v. AICS, No. 19-35894 (9th Cir.); No. 1:18-cv-00011 (D. Alaska)

Parties: Stephen Cole

Assigned Attorneys: Joel Marcus (OGC)

Nature of Action: Action seeking an order compelling the FTC to investigate a pharmacy 

program for anticompetitive action.

Status: Amended complaint adding FTC filed 5/9/19.

Plaintiff’s motion for order requiring FTC to initiate antitrust review of 

340B pharmacy program filed 5/9/19; denied 6/6/19.

Federal defendants’ motion to dismiss filed 7/17/19; response in 

opposition by Cole filed 8/5/19.

Order granting federal defendants’ motions to dismiss entered 10/11/19.

Notice of appeal by Cole filed 10/25/19.

Appellant’s opening brief filed 2/14/20; government’s answering brief 

filed 5/26/20.

Judgment affirming the district court’s opinion and dismissing the Cole 

appeal entered 1/26/21.

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

Parties: Consumers for Auto Reliability and Safety

Center for Auto Safety

U.S. Public Interest Research Group, Inc.

Assigned Attorneys: Bradley Grossman (OGC)

Michele Arington

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

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

General Motors and two dealerships regarding the advertising of used 

motor vehicles.

Status: Complaint filed 3/24/17.

Amended complaint filed 5/2/17.
79

Commission’s motion to hold case in abeyance or, in the alternative, for 

an extension of time filed 5/16/17; opposition filed 5/30/17; 

motion to stay granted 6/13/17.

Commission’s motion to dismiss filed 9/8/17; response in opposition filed 

10/5/17; Commission’s reply filed 10/27/17.

Motion hearing held 9/18/18.

Motion by plaintiffs for leave to file two new documents in connection 

with pending motion to dismiss filed 3/9/20; Commission’s 

opposition filed 3/23/20; plaintiffs’ reply filed 3/30/20.

FOWLER v. T-MOBILE USA, INC., FTC, ET AL., No. 2:20-cv-1516 (D. Ariz.)

Parties: JaMarlin Fowler 

Assigned Attorneys: Kwan Piensook (AUSA)

Michele Arington (OGC)

Nature of Action: Action by former Sprint customer seeking damages and injunctive relief 

for copyright infringement, negligence, fraud, theft, breach of contract, 

breach of privacy, and alleging government inaction and contributory 

infringement in response to his complaints.

Status: Complaint filed 7/30/20.

United States’ motion to dismiss federal defendants filed 11/2/20; 

plaintiff’s opposition filed 11/16/20; United States’ reply filed 

11/24/20.

Order granting dismissal of federal defendants entered 6/16/21.

KYLE v. FTC, No. 4:21-cv-9004 (W.D. Mo.); No. 1:20-cv-6775 (N.D. Ill.)

Parties: Robert Kyle

Jo Ann Treumann

Assigned Attorneys: Charles Thomas (AUSA)

Michele Arington (OGC)

Nature of Action: Action seeking an order compelling the FTC to produce information 

requested in a subpoena and Touhy request. 

Status: Petition filed 11/16/20.

Case transferred to the Western District of Missouri 1/13/21.

Commission opposition to petition to compel compliance with a subpoena 

filed 2/25/21; Plaintiffs’ reply filed 3/12/21.

Oral argument held 4/9/21.

Order granting Petition in part and denying in part entered 4/14/21.
80

LOUISIANA REAL ESTATE APPRAISERS BOARD v. FTC, No. 20-1018 (S. Ct.); No. 19-

30796 (5th Cir.); No. 3:19-cv-00214 (M.D. La.)

Parties: Louisiana Real Estate Appraisers Board

Assigned Attorneys: Mark Hegedus (OGC)

John J. Gaupp (DOJ)

Nature of Action: Action seeking declaratory judgment that the LREAB is exempt from 

antitrust laws under the state action doctrine. 

Status: Complaint filed 4/11/19.

Plaintiff’s motion to stay administrative proceedings pending judicial 

review and for expedited treatment filed 4/17/19; Commission’s 

opposition filed 5/13/19; plaintiff’s reply filed 5/17/19. 

Commission’s motion to dismiss filed 6/7/19; plaintiff’s opposition filed 

6/18/19; Commission’s reply filed 6/25/19.

Order granting motion to stay administrative proceedings entered 7/29/19.

Notice of appeal of order granting motion to stay filed 9/26/19.

Commission’s opening brief filed 11/7/19; appellee’s brief filed 12/9/19; 

Commission’s reply brief filed 1/10/20.

Oral argument heard 5/5/20.

Judgment vacated 10/2/20.

Plaintiff’s petition for rehearing filed 11/17/20; order denying petition for 

rehearing entered 12/1/20.

Plaintiff’s motion to stay issuance of mandate filed 12/3/20; order denying 

motion to stay entered 12/4/20; mandate issued 12/14/20. 

Plaintiff’s writ of certiorari filed 1/29/21; writ of certiorari denied 4/5/21.

NACSO NON-PROFIT BUSINESS LEAGUE, INC. v. CFPB & FTC, No. 0:20-cv-61010

(S.D. Fla.)

Parties: NACSO Non-Profit Business League, Inc.

Assigned Attorneys: Imad Abyad (OGC)

Nature of Action: Action seeking a declaratory judgment as to the invalidity of a provision 

of the Telemarketing Sales Rule.

Status: Amended complaint adding FTC filed 9/15/20.

Commission’s motion to dismiss filed 12/3/20; Plaintiff’s response filed 

1/20/21; Commission reply filed 2/10/21.

Order granting dismissal for lack of subject matter jurisdiction entered 

3/8/21.
81

NATIONAL HORSEMEN’S BENEVOLENT AND PROTECTIVE ASSOCIATION et al v. 

BLACK et al., No. 5:21-cv-71 (N.D. Tex.)

Parties: National Horsemen’s Benevolent and Protective Association

Arizona Horsemen’s Benevolent and Protective Association

Arkansas Horsemen’s Benevolent and Protective Association

Indiana Horsemen’s Benevolent and Protective Association

Illinois Horsemen’s Benevolent and Protective Association

Louisiana Horsemen’s Benevolent and Protective Association

Mountaineer Park Horsemen’s Benevolent and Protective Association

Nebraska Horsemen’s Benevolent and Protective Association

Oklahoma Horsemen’s Benevolent and Protective Association

Oregon Horsemen’s Benevolent and Protective Association

Pennsylvania Horsemen’s Benevolent and Protective Association

Washington Horsemen’s Benevolent and Protective Association

Tampa Bay Horsemen’s Benevolent and Protective Association

Assigned Attorneys: Alexander Sverdlov (DOJ)

Brian Stoltz

Marie Choi (OGC)

Nature of Action: Action seeking a declaratory judgment that the Horseracing Integrity and 

Safety Act (HISA) is unconstitutional and the Commission should be 

permanently enjoined from implementing and enforcing the law.

Status: Complaint filed 3/15/21.

Amended complaint filed 4/2/21.

Commission’s motion to dismiss filed 4/30/21; plaintiff’s opposition filed 

5/28/21; Commission’s reply filed 6/18/21.

RICHARD ZEITLIN v. FTC, No. 20-16128 (9th Cir.); No. 2:19-cv-00698 (D. Nev.)

Parties: Richard Zeitlin 

Unified Data Services, LLC

Compliance Consultants, LLC

American Technology Services, LLC

Assigned Attorneys: Bradley Grossman (OGC)

Brian W. Irvin (DOJ)

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

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

apply to soundboard technology.

Status: Complaint filed 4/24/19.
82

Commission’s motion to dismiss filed 6/28/19; plaintiffs’ response to 

motion filed 7/11/19; Commission’s reply filed 8/2/19.

Order granting Commission’s motion to dismiss entered 4/10/20.

Notice of appeal filed 6/8/20.

Appellant’s opening brief filed 2/5/21; Commission’s answering brief 

filed 5/10/21. 

AMICUS CURIAE BRIEFS OR PARTIAL INTERVENTIONS

D. BLAINE LEEDS v. ADOLPHUS JACKSON, No. 19-11502 (11th Cir.) 

Assigned Attorneys: Mark S. Hegedus (OGC)

Nature of Action: Private action alleging antitrust violations preventing competition from 

teledentistry services, raising issue of the active supervision component of 

state-action defense asserted by the Board of Dental Examiners of 

Alabama.

Status: Brief for the United States and the Commission as amici curiae 

supporting plaintiffs-appellees filed 9/11/19.

Motion to participate in oral argument by United States filed 6/5/20; 

motion granted 6/10/20.

Oral argument held 7/8/20.

NCAA v. ALSTON, No. 20-512 (S. Ct.)

Assigned Attorneys: Mark S. Hegedus (OGC)

Nature of Action: Private action alleging that the NCAA violated the Sherman Act by 

limiting the education-related benefits that schools could offer studentathletes.

Status: Brief for the United States and the Commission as amici curiae supporting

the respondents filed 3/10/21.

Motion for leave to participate in oral argument by United States filed 

3/10/21; motion granted 3/19/21.

Oral argument held 3/31/21.

Opinion in favor of the respondents, affirming district court’s judgment 

that the NCAA’s compensation restrictions violated the Sherman 

Act, entered 6/21/21.

SMILEDIRECTCLUB, LLC v. BATTLE, No. 19-12227 (11th Cir.) 

Assigned Attorneys: Mark S. Hegedus (OGC)
83

Nature of Action: Private action alleging antitrust violations preventing competition from 

teledentistry services, raising issue of the active supervision component of 

the state-action defense asserted by Georgia Board of Dentistry members.

Status: Brief for the United States and the Commission as amici curiae 

supporting plaintiffs-appellees filed 9/26/19.

Motion to participate in oral argument by United States filed 4/10/20;

motion granted 4/29/20.

Oral argument held 5/20/20.

Opinion holding that Board members are not entitled to state-action 

defense entered 8/11/20.

Rehearing en banc ordered 12/8/20. 

Amicus brief for the United States filed 1/25/21.

Motion to participate in oral argument by United States filed 1/29/21; 

motion granted 2/2/21.

Oral argument held 2/23/21.

TEWINKLE v. CAPITAL ONE, INC., No. 20-2049 (2d Cir.) 

Assigned Attorneys: Bradley Grossman (OGC)

Nature of Action: Private action alleging violations of the Equal Credit Opportunity Act and 

raising the question of who is an “applicant” subject to the protections of 

the ECOA, which prohibits discrimination in credit transactions based on 

membership in protected categories.

Status: Amicus brief for the Commission and the Consumer Financial

Protection Bureau filed 10/7/20. 

Motion to participate in oral argument by CFPB filed 4/15/21; motion 

granted 4/19/21.

Oral argument held 4/28/21.

UFCW LOCAL 1500 WELFARE FUND v. ABBVIE, INC., No. 20-2402 (7th Cir.) 

Assigned Attorneys: Bradley Grossman (OGC)

Nature of Action: Private action alleging anticompetitive conduct and involving the 

interpretation and application of FTC v. Actavis, Inc.

Status: Commission’s amicus brief filed 10/13/20.

Oral argument held 2/25/21.