SEMIANNUAL FEDERAL COURT

LITIGATION STATUS REPORT

Office of the General Counsel

Bureau of Competition

Bureau of Consumer Protection

Regional Offices

June 30, 2020

No. 138
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TABLE OF CONTENTS

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

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

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

(B) Rulemakings......................................................................................................................... 2

INJUNCTION AND CONSUMER REDRESS CASES................................................................ 3

(A) Preliminary Injunctions (Mergers/Acquisitions).............................................................. 3

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

(C) Permanent Injunctions/Consumer Redress....................................................................... 6

CIVIL PENALTY AND ENFORCEMENT CASES................................................................... 71

(A) Consumer Protection...................................................................................................... 71

(B) Competition.................................................................................................................... 77

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS..................................................... 77

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION....................... 78

AMICUS CURIAE BRIEFS OR PARTIAL INTERVENTIONS ............................................... 83
iii

SUMMARY OF CASES

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

PETITIONS FOR REVIEW 0 3 0 3

INJUNCTION AND

CONSUMER REDRESS CASES

62 16 5 83

CIVIL PENALTY AND 

ENFORCEMENT CASES

8 2 0 10

SUBPOENA AND CID

ENFORCEMENTS

2 0 0 2

SUITS TO ENJOIN FTC 

ACTION AND OTHER

DEFENSIVE LITIGATION

7 3 1 11

AMICUS CURIAE BRIEFS 1 2 1 4†

TOTALS 80 26 7 113

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

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

† Includes one state court case (In re Paplauskas, Jr., see p. 84 herein).
1

PETITIONS FOR REVIEW

(A) Orders to Cease and Desist

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

Parties: 1-800 Contacts, Inc.

Assigned Attorneys: Imad Dean Abyad (OGC)

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.

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.

OTTO BOCK HEALTHCARE NORTH AMERICA v. FTC, No. 19-1265 (D.C. Cir.)

Parties: Otto Bock HealthCare North America, Inc.

Assigned Attorneys: Imad Dean Abyad (OGC)

Joel Marcus

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

Status: Petition for review filed 12/30/19.
2

(B) Rulemakings

(None Pending)
3

INJUNCTION AND CONSUMER REDRESS CASES

(A)Preliminary Injunctions (Mergers/Acquisitions)

FTC v. EDGEWELL PERSONAL CARE CO., No. 1:20-cv-00292 (D.D.C.)

Parties: Edgewell Personal Care Company

Harry’s Inc.

Assigned Attorneys: Jonathan Herman Lasken (BC)

Helder Agostinho

Kelly Fabian

Nicholas Alan Bush

Shane Bryan

Terry M. Thomas

Nature of Action: Action to enjoin Edgewell Personal Care Company’s proposed $1.37 

billion acquisition of its key competitor, Harry’s, Inc.

Status: Complaint filed 2/3/20.

Commission’s notice of voluntary dismissal filed 2/18/20.

Order dismissing case entered 2/18/20.

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
4

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.

Commission’s motion for preliminary injunction filed 5/29/20.

Preliminary injunction hearing scheduled to begin 7/13/20.

FTC v. POST HOLDINGS, INC., No. 1:19-cv-03836 (D.D.C.)

Parties: Post Holdings, Inc.

Treehouse Foods, Inc.

Assigned Attorneys: Amy Ritchie (BC/Mergers IV)

Anthony Saunders

Henry J. Hauser

Jennifer Milici

Jonathan Herman Lasken

Karen Horvitz Hunt

Melissa C. Hill

Rohan Pai

Ryan Quillian

Nature of Action: Action for preliminary injunction of Post Holdings’ proposed acquisition 

of assets relating to ready-to-eat cereal from TreeHouse Foods.

Status: Complaint filed 12/27/19.

TRO entered 12/27/19.

Joint motion to dismiss complaint filed 1/13/20.

Complaint dismissed without prejudice 1/14/20.

FTC v. RAG-STIFTUNG, No. 1:19-cv-02337 (D.D.C.)

Parties: RAG-Stiftung

Evonik Industries AG

Evonik Corporation

Evonik International Holdings B.V.

One Equity Partners Secondary Fund, L.P.

One Equity Partners V, L.P.

Lexington Capital Partners VII (AIV I), L.P.

Peroxychem Holding Company LLC

Peroxychem Holdings, L.P.

Peroxychem Holdings LLC

Peroxychem LLC

Peroxychem Cooperatief U.A.

Assigned Attorneys: James Edward Rhilinger III
5

Nature of Action: Action for preliminary injunction of Evonik’s acquisition of PetroChem

pending administrative proceedings to determine legality of acquisition.

Status: Complaint filed 8/2/19.

TRO entered 8/5/19.

Evidentiary hearing held 11/12-21/19.

Commission’s motion for preliminary injunction denied 1/24/20.

FTC v. THOMAS JEFFERSON UNIVERSITY, 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

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

Jefferson Health and Albert Einstein Healthcare Network.

Status: Complaint filed 2/27/20.

TRO granted 2/28/20.

(B) Preliminary Injunctions (Other)

FTC v. MARC CHING, No. 2:20-cv-03775 (C.D. Cal.)

Parties: Marc Ching d/b/a Whole Leaf Organics

Assigned Attorneys: John Jacobs (WRLA)

Tawana E. Davis

Nature of Action: Action for preliminary injunction barring Marc Chang from selling CBDbased products marketed as effective cancer treatments, pending 

resolution of a parallel administrative case.
6

Status: Complaint filed 4/24/20.

Stipulation for preliminary injunction filed 4/27/20.

Matter withdrawn from adjudication to consider a proposed consent 

agreement 5/28/20.

(C)Permanent Injunctions/Consumer Redress*

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

Parties: 8 Figure Dream Lifestyle, LLC

JL Net Bargains, Inc.

Kappy Enterprises, LLC

Millionaire Mind Enterprises, LLC

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

Challenge d/b/a 14 Day Challenge, LLC

Spirit Consulting Group, Inc.

John Bain

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

Brian Kaplan

Jerrold Maurer a/k/a Jerry Maurer

Assigned Attorneys: Dorothy Emily Wu (WRLA)

P. Connell McNulty (BCP/MP)

Thomas L. Harris

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

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

fraudulent money-making opportunities to consumers.

Status: Complaint filed 6/12/19.

TRO with asset freeze entered 6/13/19.

Stipulated order extending TRO until preliminary injunction hearing

entered 6/24/19.

Motion for relief from order freezing assets filed 7/2/19; Commission’s 

opposition to motion for relief filed 7/5/19; Order denying motion 

for relief entered 7/8/19.

Preliminary injunction entered 7/19/19.

Motion to modify order freezing assets filed 10/21/19; Commission’s 

opposition filed 10/28/19; Reply in support of motion filed 

11/4/19; order granting in part motion to modify asset freeze 

entered 12/9/19.

Joint application for settlement approval of stipulated order for permanent 

injunction and monetary judgment as to defendant OEA, LLC filed

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

proceedings in district court are not generally reported.
7

2/28/20.

Order granting stipulation to stay case for 60 days to consider approval of 

settlement agreement entered 6/8/20.

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 

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.
8

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.

Briefs on parties’ positions in light of Supreme Court’s grant of certiorari 

in AMG Capital Mgmt., LLC v. FTC due 7/24/20.

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 
9

Network, Subscription Billing Agency, Subscription Billing Network, 

United Billing Service, United Publishers Agency

HCG, Inc.

Henry Cricket Group, LLC

Hoyal & Associates, Inc.

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

Consumer Publishers Association, Associated Publishers Services, 

Billing Services of America, Bradford Publishing Service, 

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
10

William Strickler

Assigned Attorneys: Krista Bush (NWR)

Laura Solis

Richard McKewen

Connor Shively

Sophia Calderón

Stephen Fairchild

W. Stuart Hirschfield

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

in connection with a nationwide campaign relying on misrepresentations

to solicit newspaper renewals and new subscriptions from consumers.

Status: Complaint filed 4/27/16.

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

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

11/3/16.

Motions for stay pending resolution of criminal proceedings filed 

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

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

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

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

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

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

Business Consulting LLC, Clarity Group, Inc., Consolidated 

Publishers Exchange, Inc., Crown Resource Management LLC, 

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

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

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

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

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

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

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

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

Commission’s motion for default judgment and permanent injunction 

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

opposition to motion by defendants Jeffrey Hoyal, Lori Hoyal, 

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

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

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

4/12/18.

Motions for summary judgement by defendants Linda Babb, Colleen 

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

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

Hoyal & Associates, Inc, Laura Lovrien, Lydia Pugsley filed 
11

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.

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.

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’ optional 

reply briefs due 7/29/20.

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)

Aaron J. Haberman (BCP/MP)
12

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

in connection with operation of a pyramid scheme.

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’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.

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

FTC v. AH MEDIA GROUP, LLC, No. 3:19-cv-04022-JD (N.D. Cal.)

Parties: AH Media Group, LLC

Zanelo, LLC

Henry Block

Alan Schill

Assigned Attorneys: Roberta Tonelli (WRSF)

Emily Cope Burton 

Matthew Gold 

Nicholas Coates 

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

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

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

offers for personal care products and dietary supplements online.

Status: Complaint filed 7/12/19.

Ex parte TRO entered 7/18/19

Stipulated preliminary injunction entered 8/28/19.

Amended complaint converting Zanelo, LLC from a relief defendant to a 

defendant filed 10/23/19.

Stipulated order for permanent injunction and monetary judgment as to 

defendants Zanelo and Schill entered 3/5/20.

Stipulated order for permanent injunction and monetary judgment as to

defendants AH Media and Henry Block entered 5/14/20.

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

Parties: American Financial Benefits Center

Ameritech Financial

Financial Education Benefits Center

Brandon Demond Frere

Assigned Attorneys: Sarah Schroeder (WRSF)

Roberta Tonelli

Evan Rose

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

connection with the marketing of student loan debt relief.

Status: Complaint filed 2/7/18.

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

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

11/29/18.
14

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

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

defendants’ motion entered 8/8/18. 

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

Brandon Frere entered 2/4/19.

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

entered 5/17/19.

Orders extending stay entered 2/3/20 and 6/30/20.

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 

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.

Trial scheduled for 3/16/21.
15

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

Assigned Attorneys: Christian Capece (ECR)

Derek Diaz

Jonathan Kessler

Amy Hocevar

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

the Unordered Merchandise Statute, in connection with Defendants’ 

deceptive selling of and collection of payment for publication 

subscriptions.

Status: Complaint filed 5/13/20.

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 

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
16

Kim C. Tucker

Assigned Attorneys: Nikhil Singhvi (BCP/FP) 

Iona Rusu

Jason Schall

Jack Metzler (OGC)

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

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

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

Status: Complaint filed 4/2/12. 

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

filed 6/11/12. 

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

Stipulated preliminary injunction entered 12/27/12.

Commission’s amended motion for partial summary judgment filed 

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

 Motion for legal determination on tribal sovereign immunity by 

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

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

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

Commission’s response filed 4/19/13.

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

Report and recommendation by magistrate that Commission’s motion for 

partial summary judgment and defendant’s motion for legal 

determination on tribal sovereign immunity be granted in part and 

denied in part entered 7/16/13.

Joint motion for permanent injunction and judgment as to defendants 

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

Management, LLC, Level 5 MotorSports, LLC, LeadFlash 

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

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

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

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

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

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

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.
17

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.

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.
18

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

Parties: Apex Capital Group, LLC

Capstone Capital Solutions Limited

Clik Trix Limited

Empire Partners Limited

Interzoom Capital Limited

Lead Blast Limited

Mountain Venture Solutions Limited

Nutra Global Limited

Omni Group Limited

Rendezvous it Limited

Sky Blue Media Limited

Tactic Solutions Limited

Phillip Peikos

David Barnett

SIA Transact Pro

Mark Moskvins

Assigned Attorneys: Laura Zuckerwise (NER)

Brian Lasky

Darren H. Lubetzky

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

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

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

offers for personal care products and dietary supplements online.

Status: Complaint filed 11/14/18.

Ex parte TRO entered 11/16/18.

Stipulated preliminary injunctions entered 12/19/18.

Amended complaint naming SIA Transact Pro and Mark Moskvins filed 

5/30/19.

Defendant’s motion to dismiss filed 8/5/19; Commission’s opposition to 

motion filed 8/19/19; defendant’s reply filed 8/26/19; order 

denying motion to dismiss entered 9/16/19.

Order granting permanent injunction and monetary judgment entered 

9/11/19.

Stipulated order for permanent injunction and monetary judgment as to 

defendants Sia Transact Pro and Mark Moskvins entered 1/15/20.

FTC v. A.S. RESEARCH, LLC, No. 1:19-cv-03423 (D. Colo.)

Parties: A.S. Research, LLC

Michael K. Ledeboer 

Stephen J. Young
19

Assigned Attorneys: Elizabeth Nach (BCP/AP)

Janet Evans

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

Act in connection with the advertising, labeling, promotion, offering for 

sale, sale, or distribution of Synovia and other health-related products.

Status: Complaint filed 12/5/19.

Proposed stipulated order for permanent injunction and monetary 

judgment filed 12/5/19.

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

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

Parties: BlueHippo Funding, LLC

BlueHippo Capital LLC

Joseph K. Rensin

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

Michael P. Mora

Michele Arington (OGC)

Jack Metzler

Mariel Goetz

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

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

consumer electronics.

Status: Complaint filed 2/22/08.

Stipulated final judgment and order for permanent injunction entered 

4/9/08.

Motions for contempt and to modify permanent injunction against 

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

Rensin filed 11/17/09.

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

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

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

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

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

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

7/30/10.

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

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

10/8/10.

Order denying Commission’s motion to amend/correct judgment and order 
20

entered 12/1/10.

Commission’s notice of appeal re contempt order filed 1/28/11.

Notice of appeal filed 2/1/11.

Commission’s brief filed 5/16/11.

Appellee’s brief filed 8/15/11.

Commission’s reply brief filed 9/12/11.

Argument held 2/23/12.

Opinion vacating the district court’s judgment and remanding the case to

 the district court entered 8/12/14.

 Appellee Joseph Rensin’s petition for rehearing filed 9/25/14.

 Order denying Joseph Rensin’s petition for rehearing entered 11/17/14.

 Oral argument before the district court concerning applicability of

 presumption of reliance held 6/4/15.

 Opinion and order ruling that Commission is entitled to presumption of

 consumer reliance entered 11/6/15.

 Final judgment imposing compensatory contempt sanctions entered 

 4/19/16.

 Notice of appeal by Rensin filed 5/18/16.

 Appellant’s opening brief filed 8/29/16; Commission’s answering brief 

 filed 11/28/16; appellant’s reply brief filed 12/9/16.

 Suggestion of bankruptcy and automatic stay by Rensin filed 2/15/17; 

 Commission’s opposition filed 2/16/17; reply filed 2/27/17.

Order rejecting application of automatic bankruptcy stay entered 3/6/17.

 Notice of appeal filed 3/7/17.

 Motion to stay contempt proceeding pending appeal filed 3/10/17; 

 Commission’s opposition filed 3/23/17; reply filed 3/29/17; 

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

 District court order finding defendant Rensin in contempt, but staying 

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

Second Circuit opinion affirming district court judgment imposing 

compensatory contempt sanctions entered 4/12/17.

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

holding appeal in abeyance entered 5/31/17. 

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

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

Oral argument heard on 2/15/18.

Supplemental briefs filed 2/19/18.

Order compelling appellant Joseph Rensin to respond to Commission’s 

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

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

12/7/18.

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

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

compensatory contempt sanction debt to the FTC is not 

dischargeable filed 12/28/18.

Appellant Joseph Rensin’s brief in contempt appeal filed 2/14/19; 
21

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

4/1/19.

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

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

5/31/19.

Second Circuit decision in consolidated appeals vacating district court’s

judgment entered 6/26/19.

District court order in bankruptcy appeal affirming bankruptcy court 

decision entered 7/25/19.

Appellant Rensin’s motion for costs filed in Second Circuit 7/11/19; 

Commission’s opposition to motion filed 7/18/19; order denying 

motion entered 10/1/19.

Status conference scheduled for 8/4/20.

FTC v. BOOSTMYSCORE, LLC, No. 1:20-cv-00641 (D. Colo.)

Parties: BoostMyScore LLC d/b/a BoostMyScore.net

BMS, Inc. d/b/a BoostMyScore.net

William O. Airy

Assigned Attorneys: Daniel Dean Dwyer (BCP/FP)

Nature of Action: Violations of Section 5 of the FTC Act, the Credit Repair Organizations 

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

marketing, and distribution of credit repair services.

Status: Complaint filed 3/6/20.

Stipulated order for permanent injunction and monetary judgment entered 

4/17/20.

Final judgment entered 5/13/20.

FTC v. BRANSFIELD, No. 20-cv-00372 (M.D. Fla.)

Parties: Steven J. Bransfield

SB & A Media, Inc.

SB&A Group, LLC

WeRunAds, LLC

Gar Leong Chow

TTZ Media, Inc.

Scott A. Zuckman

Alpha Quad Enterprises, Inc.

Assigned Attorneys: Sung W. Kim (BCP/MP)

Benjamin Davidson

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) of the FTC
22

Act in connection with the marketing and sale of an online business 

education program.

Status: Complaint filed 3/3/20.

Stipulated final orders for permanent injunction and monetary judgment 

entered 4/13/20.

FTC v. CARDIFF, Nos. 20-55397, 20-55066, 19-56397 (9th Cir.); No. 5:18-cv-02104 (C.D. 

Cal.) 

Parties: Jason Cardiff

Eunjung Cardiff

Danielle Cadiz

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

Redwood Scientific Technologies, Inc. (Nevada Corp.)

Redwood Scientific Technologies, Inc. (Delaware Corp.)

Identify, LLC

Advanced Mens Institute Prolongz LLC d/b/a AMI

Runway Products, LLC

Carols Place Limited Partnership

Jacques Poujade (third party)

True Pharmastrip, Inc. (proposed intervenor)

Assigned Attorneys: Stacy Rene Procter (WRLA)

Edwin Rodriguez (BCP/DAP)

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 
23

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 

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 James Cardiff in contempt entered 7/29/19; order 

finding defendant James Cardiff no longer in contempt entered 

7/30/19.

Motion to intervene by True Pharmastrip, Inc. filed 10/18/20.

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.

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.

Temporary restraining order with asset freeze and other equitable relief 

and order to show cause why a preliminary injunction should not 

issue entered 6/24/20.

Trial scheduled for 10/20/20.
24

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

Assigned Attorneys: Gregory Ashe (BCP/FP)

Jason Schall

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 
25

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 

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 due 9/21/20.
26

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.

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.
27

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.

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

1594 (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.

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
28

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.

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.
29

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.

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 
30

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.

FTC v. EDUCARE CENTRE SERVICES, INC., No. 9506276 (5th Cir.); No. 3:19-cv-00196

(W.D. Tex.) 

Parties: Educare Centre Services, Inc., d/b/a Credit Card Services, Card Services,

Credit Card Financial Services, Care Net, Tripletel Inc., Revit 

Educ Srvc, L.L. Vision, Care Value Services, and Card Value 

Services

Globex Telecom, Inc.

Tripletel, Inc.

Prolink Vision, S.R.L.

Sam Madi

Mohammad Souheil, a/k/a Mohammed Souheil and Mike Souheil 

Wissam Abedel Jalil, a/k/a Sam Jalil

Charles Kharouf

9506276 Canada, Inc.,

9896988 Canada Inc. (relief defendant)

State of Ohio (co-plaintiff)

Assigned Attorneys: Ronnie Brooke (BCP/MP)

Christopher Brown

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

Telemarketing Sales Rule, and Ohio law in connection with the 

telemarketing and sale of credit interest rate reduction services.

Status: Complaint filed 7/18/19.

TRO entered 7/19/19

Preliminary injunction against Wissam Abedel Jalil, Tripletel, and Educare 

entered 7/30/19.

Order denying motions to dismiss by Mohammad Souheil and 9896988 

Canada entered 10/22/19.

First amended complaint filed 12/3/19.

TRO against Globex and 9506276 Canada entered 12/3/19.

Preliminary injunction against remaining defendants entered 12/17/19.
31

Order denying motion to dissolve the TRO by defendants Souheil, Prolink 

Vision, 9896988 Canada, Globex Telecom, and 9506276 Canada

entered 1/14/20.

Order granting FTC’s motion for contempt against Globex Telecom and 

9506276 entered 1/17/20.

Order denying motion for summary judgment by defendants Souheil, 

Prolink Vision, and 9896988 Canada entered 1/17/20.

Order holding Globex Telecom and 9506276 Canada in contempt of court 

entered 1/29/20.

Notice of appeal of preliminary injunction and asset freeze by Mohammad 

Souheil and relief defendant 9896988 Canada filed 2/18/20; 

motion for stay pending appeal in 5th Circuit filed 4/14/20; FTC 

opposition filed 4/24/20; appellants’ opening brief filed 5/12/20; 

stay denied 6/4/20.

Order of civil contempt against defendant Charles Kharouf entered 

3/17/20.

Order denying motions to dismiss by Mohammad Souheil and relief 

defendant 9896988 Canada entered 3/23/20.

Clerk’s entry of default against Globex Telecom and 9506276 Canada entered 

4/7/20.

Clerk’s entry of default against Charles Kharouf entered 4/7/20.

Order granting motion to stay proceedings as to Souheil, 9896988 Canada, 

Prolink Vision, Globex Telecom, and 9506276 Canada pending 

agency review of proposed settlement entered 6/16/20.

Joint motion to suspend briefing in appeal filed 6/17/20; order dismissing 

appeal without prejudice entered 6/19/20.

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

Thomas McCann

Michael Peterson

Assigned Attorneys: James Evans (BCP/MP)

Jody Goodman
32

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.

FTC v. ELEGANT SOLUTIONS, INC., No. 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

Assigned Attorneys: Michelle Grajales (BCP/FP)
33

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. 

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

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

James Michael Martinos

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

Colleen Robbins

Elsie Kappler

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

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

Confidence Act in connection with computer technical support scheme.

Status: Complaint filed 2/25/19.

TRO entered 2/26/19.

Preliminary injunction entered 5/6/19.

Stipulated order for permanent injunction and monetary judgment entered 

12/9/19.

Joint motion to amend permanent injunction entered 2/14/20.

Order granting motion to amend permanent injunction entered 2/18/20.

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
34

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. FASHION NOVA, INC., No. 2:20-cv-03641 (C.D. Cal.)

Parties: Fashion Nova, Inc.

Assigned Attorneys: Dorothy Emily Wu (WRLA)

Stacy Rene Procter

Kenneth H. Abbe

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

the FTC’s Trade Regulation Rule Concerning the Sale of Mail, Internet, or 

Telephone Order Merchandise (“MITOR”) in connection with the 

advertising, marketing, and sale of clothing and related accessories.

Status: Complaint filed 4/20/20.

Stipulated order for permanent injunction and monetary judgment against 

Fashion Nova entered 4/24/20.

Corrected stipulated order for permanent injunction and monetary 

judgment entered 4/27/20.

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

Parties: First Choice Horizon LLC

First Southern Trust LLC

First United Mutual LLC

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

South Premier Trust LLC

Suncoast Mutual LLC
35

United Pride Plus LLC

Southern Choice LLC

Southern Pride LLC

Sun Premier LLC

Financial Service Trust LLC

Raymond Gonzalez

Carlos S. Guerrero d/b/a CSG Solutions

Joshua Hernandez

Assigned Attorneys: Barbara Bolton (SER)

Michael A. Boutros

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

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

credit rate reduction services.

Status: Complaint filed 6/3/19.

TRO entered 6/3/19.

Stipulated preliminary injunction entered 6/27/19.

First amended complaint filed 7/16/19.

Amended stipulated preliminary injunction entered 12/17/19.

Order granting joint motion to stay case for 60 days entered 5/27/20.

FTC v. FIRST DATA MERCHANT SERVICES LLC, No. 1:20-cv-03867 (S.D. N.Y.)

Parties: First Data Merchant Services LLC

Chi W. Ko, a/k/a Vincent Ko

Assigned Attorneys: Anna Burns (SER)

Nicholas May

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

and the Telemarketing Sales Rule in connection with payment processing 

and opening merchant accounts for a diverse array of scams and frauds.

Status: Complaint filed 5/19/20.

Stipulated orders for permanent injunction and monetary judgment entered 

5/21/20.

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
36

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.

Status: Complaint filed 12/20/19.

FTC v. GIANNULIS., No. 20-cv-00372 (M.D. Fla.)

Parties: Michael A. Giannulis

Michael R. Williams

BPO USA LLC

Pixx Media LLC

Mike Antoni LLC

MyEcomClub Events LLC

Assigned Attorneys: Sung W. Kim (BCP/MP)

Ben Davidson

Alleged Conduct: Deceptive acts and practices and unfair practices in violation of Section 

5(a) of the FTC Act in connection with the marketing and sale of an online 

business education program and unlawful payment processing.

Status: Complaint filed 3/3/20.

Stipulated final order for permanent injunction and monetary judgment as 

to all defendants, entered 4/13/20.

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

Parties: Grand Teton Professionals, LLC

99th Floor, LLC

Mait Management Inc.

Demand Dynamics LLC

Atomium Corps Inc. (WY)

Atomium Corps Inc. (CO)

Startup Masters NJ Inc. (WY)

Startup Masters NJ Inc. (NJ)

First Incorporation Services Inc. (WY)

First Incorporation Services Inc. (FL)

Douglas C. Filter

Marcio G. Andrade

Assigned Attorneys: Gregory Ashe (BCP/FP)
37

Ioana Gorecki

Elizabeth Kwok

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

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

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

the Electronic Funds Transfer Act in connection with the marketing and 

sale of credit repair services.

Status: Complaint filed 6/17/19.

TRO entered 6/18/19.

Stipulation for preliminary injunction against defendant Startup Masters 

filed 7/12/19.

Stipulation for preliminary injunction against defendants Grand Teton 

Professionals, Mait Management, Demand Dynamics LLC, 

Atomium Cops Inc. (Wyoming), Startup Masters NJ Inc. 

(Wyoming), First Incorporation Services Inc. (Wyoming), Douglas 

Filter, and Marcio Andrade filed 7/22/19.

Preliminary injunction entered 7/23/19.

Joint motion to stay case to consider settlement with defendant Startup 

Masters NJ Inc. (New Jersey) filed 8/21/19.

Joint motion to stay case to consider settlement with Defendant Grand 

Teton Professionals, Mait Management Inc., Demand Dynamics 

LLC, Atomium Corps Inc. (Wyoming), Startup Masters NJ Inc. 

(Wyoming), Douglas Filter, and Marcio Andrade filed 10/16/19.

Joint motion to stay case to consider settlement with Defendant Atomium 

Corps Inc. (Colorado) filed 10/29/19.

Commission’s motion for default judgment as to Defendant First 

Incorporation Services Inc. (Florida) filed 11/15/19.

Stipulated final order for permanent injunction and monetary judgment as 

to Defendant Startup Masters NJ Inc. (New Jersey) entered 

1/21/20.

Stipulated final order for permanent injunction and monetary judgment as 

to Defendants Grand Teton Professionals, 99th Floor LLC, Mait 

Management, Demand Dynamics LLC, Atomium Cops Inc. 

(Wyoming), Startup Masters NJ Inc. (Wyoming), First 

Incorporation Services Inc. (Wyoming), Douglas Filter, and

Marcio Andrade entered 1/21/20.

Stipulated final order for permanent injunction and monetary judgment as 

to Defendant Atomium Corps Inc. (Colorado) entered 1/21/20.

Default Judgment as to Defendant First Incorporation Services Inc. 

(Florida) entered 1/28/20.

FTC v. HEALTH CENTER, INC. No. 2:20-cv-00547 (D. Nev.)

Parties: Health Center, Inc.
38

Peggy Pearce

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

Annette Soberats

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

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

marketing, promotion, and sale of purported health products.

Status: Complaint filed 3/19/20.

Stipulated order for permanent injunction and monetary judgment entered 

3/20/20.

Judgment in favor of the Commission entered 3/20/20.

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

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.

Telephonic hearing held 4/8/20.

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
39

Clickxchange Media, LLC

iStream Financial Services, Inc.

Jerry L. Robinson

Earl G. Robinson

James McCarter

Keith Merrill

Mark Ward

Dale Paul Cleveland

William R. Wilson

Kris Axberg

Richard Joachim

Chet Andrews

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

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

Korin Felix

Elizabeth J. Averill

Omolara Joseney

Reenah L. Kim

Hong Park

Amanda C. Basta

Kimberly L. Nelson

Anna M. Burns

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

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

Telemarketing Sales Rule in connection with the marketing of various 

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

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

Status: Complaint filed 8/15/17.

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

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

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, 
40

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

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

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

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

denying motion, but ordering supplemental briefing on part of the 

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

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

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

7/30/18.

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

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

Amended complaint filed 11/5/18.

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

Financial Services, Inc, Chet Andrews, Patricia Brandmeier 

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

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

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

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

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.

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

Parties: iBackPack of Texas, LLC

Douglas Monahan

Assigned Attorneys: Patrick Roy (BCP/FP)

Daniel Hanks

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

connection with the defendants’ deceptive practices in the course of 

multiple crowdfunding campaigns.

Status: Complaint filed 5/6/19.

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

Commission’s request for entry of default filed 8/26/19; clerk’s entry of 

default entered 8/28/19.

Commission’s motion for summary judgment against Dougals Monahan 

filed 2/7/20.

Commission’s motion for entry of default judgment against iBackPack of 

Texas filed 2/7/20.

Order granting stay pending likely submission of a proposed stipulated 

order entered 3/27/20.

Proposed stipulated order for permanent injunction and monetary 

judgment against Douglas Monahan filed 5/11/20.
41

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

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

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

Education Student and Teacher

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

and Teacher d/b/a Aiding Students and Teachers

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

Brenda Avitia-Pena

Brian Colombana d/b/a Futero

Noel Solutions, LLC

Jimmy Calderon

Premier Capital Investments

Capital Sun Investments

Assigned Attorneys: Barbara Chun (WRLA)

Brian Welke (BCP/ENF)

Joshua Millard

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

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

sale of student loan debt relief services.

Status: Complaint filed 11/6/18.

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

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

Superseding preliminary injunction (adding defendants Capital Sun and 

Jimmy Calderon) entered 4/2/19.

First amended complaint against Defendants Brenda Avitia-Pena, Jimmy 

Calderon, Capital Sun Investments, Brian Colombana, Tuan Dinh 

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

Solutions, LLC filed 4/3/19.

Order staying proceedings as to defendants Jimmy Calderon and Capital 

Sun Investments, LLC pending Commission vote on settlement 

entered 5/6/19.

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

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

Order dismissing defendant Tuan Dinh Duong with prejudice entered 

6/5/19.

Stipulated order for permanent injunction and monetary judgment as to 

defendants Capital Sun Investments, LLC, and Jimmy Calderon 

entered 6/18/19.

Order staying proceedings as to defendant Brenda Avitia-Pena pending 

Commission vote on settlement entered 6/20/19.
42

Stipulated order for permanent injunction and monetary judgment as to 

defendant Avitia-Pena entered 8/23/19.

Commission’s motion for summary judgment as to defendant Colombana 

filed 10/4/19.

Commission’s motion for default judgment against defendants Impetus 

Enterprise Inc, Fig Tree & Co LLC, and Noel Solutions LLC filed 

10/4/19.

Order denying as moot the Commission’s motion for summary judgment 

and vacating the Commission’s motion for default judgment 

11/20/19.

Commission’s motion for default judgment against defendant Colombana 

filed 12/19/19.

Order on default for permanent injunction and monetary judgment as to 

defendants Brian Colombana, Impetus Enterprise, Inc., FIG Tree 

and Co., LLC, and Relief Defendant Noel Solutions LLC entered 

2/27/20.

Case terminated 2/27/20.

FTC v. INNOVATIVE DESIGNS, INC., No. 2:16-cv-01669 (W.D. Pa.)

Parties: Innovative Designs, Inc.

Assigned Attorneys: Alejandro Rosenberg (BCP/ENF)

Omolara Bewaji Joseney

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

connection with the advertising of Insultex House Wrap. 

Status: Complaint filed 11/3/16.

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.

FTC v. DAMIAN KUTZNER, No. 19-812 (S. Ct.); Nos. 17-56455, 17-56476 (9th Cir.); No. 

8:16-cv-00999 (C.D. Cal.) 

Parties: Damian Kutzner 

Vito Torchia, Jr. 

Jonathan Tarkowski 

R. Geoffrey Broderick 

Charles T. Marshall 

Brookstone Law P.C. d/b/a Brookstone Law Group (California) 

Brookstone Law P.C. d/b/a Brookstone Law Group (Nevada) 

Advantis Law P.C. 
43

Advantis Law Group P.C. 

Jeremy Foti 

Assigned Attorneys: Benjamin Theisman (BCP/ENF) 

Gregory Madden

Thomas Syta (WRLA) 

Michael Bergman (OGC) 

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

and the Mortgage Relief Services Rule in connection with the 

marketing of mortgage assistance relief services. 

Status: Complaint filed 5/31/16. 

Ex parte TRO with asset freeze, appointment of receiver, limited 

expedited discovery, and other equitable relief entered 6/1/16. 

Stipulated preliminary injunction as to Vito Torchia Jr. entered 6/24/16. 

Stipulated preliminary injunction as to Damian Kutzner, Charles Marshall, 

Jonathan Tarkowksi, Advanits Law P.C. and Advantis Law Group 

P.C. entered 6/24/16. 

Preliminary injunction as to Geoffrey Broderick, Brookstone Law P.C. 

(California and Nevada) entered 6/27/16. 

Amended complaint filed 7/6/16. 

Preliminary injunction as to Jeremy Foti entered 8/25/16. 

Clerk’s entry of default as to Brookstone Law (California), Brookstone 

Law PC (Nevada), Advantis Law, Advantis Law Group entered 9/8/16. 

TRO with appointment of temporary receiver entered 10/19/16. 

Preliminary injunction with appointment of receiver as to Jeremy Foti 

entered 11/15/16. 

Stipulated order for permanent injunction and other equitable relief as to 

Jonathan Tarkowski entered 1/6/17. 

Order dismissing Damian Kutzner entered 2/1/17. 

Stipulated order for permanent injunction and other equitable relief as to 

Vito Torchia entered 2/15/17. 

Stipulated order for permanent injunction and other equitable relief as to 

R. Geoffrey Broderick entered 4/14/17. 

Order granting Commssion’s motion for default judgment against 

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

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

entered 8/28/17. 

Order granting Commission’s motion for summary judgment as to 

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

Final judgment and order for permanent injunction as to defendants 

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

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

9/8/17. 
44

Final judgment and order for permanent injunction as to defendants 

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

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

appeal filed 12/19/17. 

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

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

order dismissing appeal entered 4/9/18.

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

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

filed 4/25/19.

Opinion affirming decision of the district court entered 7/16/19.

Marshall’s petition for rehearing en banc filed 8/30/19; order denying 

rehearing en banc entered 9/24/19.

Marshall’s petition for writ of certiorari filed 12/20/19; petition denied 

2/24/20.

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 

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.

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

Parties: Lending Club Corporation d/b/a Lending Club
45

Assigned Attorneys: Katharine Roller (BCP/FP)

Jason Schall

Matthew Wilshire

Leah Frazier

Helen Clark

Mike Tankersley

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.

Bench trial scheduled for 10/19/20.

FTC v. LIBERTY CHEVROLET INC., No. 1:20-cv-03945 (S.D. N.Y.)

Parties: Liberty Chevrolet, Inc. d/b/a Bronx Honda

Carlo Fittanto

Assigned Attorneys: Marguerite Moeller (BCP/FP)

Katherine Worthman

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

Truth in Lending Act, and the Equal Credit Opportunity Act, in 

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

vehicles to consumers and assigning the extension of retail credit to an 

unaffiliated third party finance or leasing sources.

Status: Complaint filed 5/22/20.

Stipulated orders for permanent injunction and monetary judgment entered 

5/27/20.

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
46

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.

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 
47

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.

FTC v. MADERA MERCHANT SERVICES, LLC, No. 3:19-cv-00195 (W.D. Tex.)

Parties: Madera Merchant Services, LLC, d/b/a E Check Processing and

echeckprocessing.net

B&P Enterprises, LLC

Bruce Woods

Patricia Woods

Victor Rodriguez

State of Ohio (co-plaintiff)

Assigned Attorneys: Ronnie Brooke (BCP/MP)

Christopher Brown

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

Telemarketing Sales Rule and Ohio law in connection with unlawful 

payment processing, including for a telemarketing credit card interest rate 

reduction scheme. 

Status: Complaint filed 7/18/19.

TRO entered 7/19/19.

Preliminary injunction entered 11/4/19.

Stipulated order for permanent injunction and monetary judgment as to all 

defendants entered 6/4/20.

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
48

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

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.

FTC v. MILE HIGH MADISON GROUP INC., No. 1:20-cv-21622 (S.D. Fla.)

Parties: Mile High Madison Group, Inc.

Nordic Clinical, Inc.

Encore Plus Solutions, Inc.

Le Groupe Mile High Madison, Inc.

Clinique Nordqieu, Inc.

Vito Proietti

Vittorio DiCriscio

Assigned Attorneys: Edward B. Glennon (BCP/AP)

Mamie Kresses

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

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

and sale of Neurocet, a product that purportedly relieves bone and joint 

pain.

Status: Complaint filed 4/17/20.
49

Stipulated order for permanent injunction and monetary judgment entered 

4/22/20.

FTC v. MOBE LTD., Nos. 18-13715, 18-13716, 20-1019 (11th Cir.); No. 6:18-cv-00862 (M.D. 

Fla.)

Parties: MOBE Ltd.

MOBEProcessing.com, Inc.

Transaction Management USA, Inc.

MOBETraining.com, Inc.

MOBE Pro Limited

MOBE Online Ltd.

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

MattLloydPublishing.com Pty Ltd.

MOBE Inc.

Matthew Lloyd McPhee a/k/a Matt Lloyd

Russell W. Whitney, Jr. (deceased) and Ingrid Whitney, as personal 

representative of Russell Whitney’s estate (substituted defendant)

Susan Zanghi

Assigned Attorneys: Sung Kim (BCP/MP)

Benjamin Davidson

Jack Metzler (OGC)

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

connection with the marketing and sale of an online business education 

program.

Status: Complaint filed 6/4/18.

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

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

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

Motion to approve stipulated preliminary injunction as to Defendant Susan 

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

Motion to approve stipulated preliminary injunction as to Defendant 

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

8/20/18.

Motion by interested party Synovus Bank for emergency relief from TRO 

and to intervene filed 7/10/18.

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

and Synovus Bank entered 8/8/18.

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

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

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

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

appeal entered 11/13/18. 
50

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

Qualpay, Inc. filed 8/31/18; docket closed on 11/13/2018.

Order granting consent motion to stay all proceedings as to defendant 

Susan Zanghi filed 10/24/18. 

Stipulated order for permanent injunction and monetary judgment against 

defendant Susan Zanghi entered 12/6/18.

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

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

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

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

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

2/1/19.

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

default entered 4/19/19. 

Commission’s amended motion for entry of default judgment and 

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

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

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

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

5/2/19; order denying motion without prejudice entered 7/1/2019. 

Order substituting Ingrid Whitney, in her capacity as the personal 

representative of the estate of deceased defendant Russell Whitney, 

as defendant entered 5/10/19. 

Order granting appointment of a Special Receiver to investigate claims 

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

Synovus Bank’s motion to intervene and for leave to file proposed 

complaint-in-intervention filed 9/3/2019; Magistrate’s report and 

recommendation to deny Synovus’ motion to intervene entered 

10/23/2019; order adopting magistrate’s recommendation and 

denying Synovus’ motion to intervene entered 12/19/2019.

Stipulated order for monetary judgment against defendant Ingrid Whitney,

as personal representative of Russell Whitney’s estate, entered 

12/18/19.

Order approving Receiver’s settlement agreement with defendant Matthew 

Lloyd McPhee entered 12/19/2019.

Notice of appeal (No. 20-10191) of order denying intervention by 

Synovus Bank filed 1/15/20.

Commission’s renewed motion for entry of default judgment and 

permanent injunction against against 9336-0311 Quebec Inc., 

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

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

Lloyd Publishing.com Pty Ltd., Mobe Online Ltd., and Transaction 

Management USA, Inc. filed 2/12/20; order granting motion filed

4/13/20.

Stipulated order for permanent injunction and monetary judgment against 

defendant Matthew Lloyd McPhee entered 3/5/20.
51

FTC v. NATIONAL UROLOGICAL GROUP, INC., No. 10-125 (S. Ct); Nos. 17-15695, 14-

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

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

National Institute for Clinical Weight Loss, Inc.

Hi-Tech Pharmaceuticals, Inc.

Jared Wheat

Thomasz Holda

Michael Howell

Stephen Smith

Terrill Mark Wright, M.D.

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

Tawana E. Davis

Edward Glennon

Mary Johnson

Jack Metzler (OGC)

Amanda Basta (BCP/ENF) 

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

connection with the sale of a purported weight loss product.

Status: Complaint filed 11/10/04.

Final judgment entered 12/16/08.

Notice of appeal filed 2/4/09.

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

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

4/26/10.

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

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

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

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

 defendant’s opposition filed 12/2/11. 

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

filed 3/21/12. 

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

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

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

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

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

Order finding defendants liable for contempt and ordering further 

proceedings on remedy entered 8/8/13.

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

Order holding defendants liable for contempt and directing compensatory 

sanctions to redress consumers entered 5/14/14.

Defendants’ notices of appeal filed 7/11/14 and 7/14/14.
52

Order by district court imposing coercive contempt sanction and directing 

that defendants Jared Wheat and Stephen Smith be incarcerated 

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

Petition for mandamus by defendants Wheat and Smith seeking to 

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

Notice of appeal from coercive contempt order and emergency motion for 

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

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

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

dismissed 10/15/14.

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

Commission’s opposition filed 9/26/14.

Second motion to purge contempt defendants or release contempt 

defendants pending determination of less restrictive mean to purge 

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

granted 1/20/15.

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

denied 1/23/15.

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

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

Smith from incarceration entered 11/10/14.

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

reply briefs filed 2/17/15.

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

Opinion vacating district court’s judgment of contempt and remanding 

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

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

Pharmaceuticals response filed 6/18/15.

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

violation of section VI and motion for compensatory sanctions 

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

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

11/4/15.

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

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

Wheat, and Stephen Smith, and Terrill Mark Wright entered 

10/31/17.

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

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

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

filed 7/30/18.

Oral argument 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.
53

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 Olsen’s motion to dismiss filed 

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

reply filed 12/30/19.

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

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

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 7/2/20.

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.
54

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.

FTC v. NEUROMETRIX, INC., No. 1:20-cv-10428 (D. Mass.)

Parties: Neurometrix, Inc.

Shai N. Gozani

Associated Attorneys: Laura Sullivan (BCP/AP)

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

Act in connection with the manufacturing, labeling, advertising, 

marketing, distribution, and sale of nerve stimulation devices that 

purportedly relieve pain.

Status: Complaint filed 3/3/20.

Stipulated order for permanent injunction and monetary judgment entered 

3/4/20.

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

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

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

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

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

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

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

Board d/b/a National Awards Commission

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

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

American Awards Center d/b/a Puzzle Mania

Opportunities Management Co.

Summit Management Team, LLC

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

d/b/a International Awards Payment Center

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

Research Bureau d/b/a Financial Report Services

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

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

Sweepstakes Publisher d/b/a National Bureau

Lighthouse Fla Enterprises, LLC

Gamer Designs, LLC

Kevin R. Brandes

William J. Graham

Charles Floyd Anderson
55

Montelago Marketing, Inc.

State of Missouri (Plaintiff)

Assigned Attorneys: Sarah Shifley (NWR)

Richard McKewen

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

connection with the worldwide distribution of deceptive sweepstakes and 

other prize mailers.

Status: Complaint filed 2/20/18.

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

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

order granting TRO entered 7/17/18.

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

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

order denying motion entered 9/10/18.

Amended complaint adding defendants Anderson and Montelago 

Marketing, Inc. filed 9/24/18.

Stipulated order for permanent injunction and monetary judgment entered 

3/13/19.

Commission’s notice of suspension of remainder of monetary judgment 

filed 1/10/20. 

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.

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.
56

Preliminary injunction hearing held 2/12/20.

Preliminary injunction entered 2/27/20.

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, 

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

Assigned Attorneys: Darren Lubetzky (NER)

Brian Lasky

Christopher Miller

Laura Zuckerwise

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.
57

FTC v. OMICS GROUP, INC., No. 19-15738 (9th Cir.), No. 2:16-cv-02022 (D. Nev.)

Parties: OMICS Group, Inc. d/b/a OMICS Publishing Group

iMedPub, LLC

Conference Series, LLC

Srinubabu Gedela

Assigned Attorneys: Iona Rusu (BCP/FP)

Gregory Ashe

Michael Tankersley

Mariel Goetz (OGC)

Joel Marcus

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

connection with the publishing of online publications styled as academic 

journals.

Status: Complaint filed 8/25/16.

Commission’s motion for preliminary injunction filed 9/8/16; Defendants’ 

opposition filed 1/6/17; Commission reply filed 1/19/17; Order 

granting motion and entering preliminary injunction entered 

10/2/17.

Defendants’ motion to dismiss filed 1/6/17; Commission’s opposition filed 

1/19/17; Defendants’ reply filed 2/2/17; Order denying motion to 

dismiss entered 10/2/17. 

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

opposition filed 6/22/18; Commission reply filed 7/6/18; Order 

granting motion entered 3/29/19.

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

opposition filed 5/22/18; Defendants’ reply filed 6/22/18; Order 

denying motion entered 3/29/19. 

Defendants’ notice of appeal to Ninth Circuit filed 4/11/19.

Appellants’ opening brief filed 7/30/19; Commission’s answering brief 

filed 10/11/19; appellants’ reply brief filed 12/9/19.

Oral argument held 6/10/20.

FTC v. OTA FRANCHISE CORPORATION, No. 20-55356 (9th Cir.); No. 8:20-CV-00287 

(C.D. Cal.)

Parties: OTA Franchise Corporation, also d/b/a Online Trading Academy

Newport Exchange Holdings, Inc., also d/b/a Online Trading Academy

NEH Services, Inc., also d/b/a Online Trading Academy

Eval Shacar (a/k/a Eval Shahar)

Samuel R. Seiden

Darren Kimoto
58

Assigned Attorneys: John Jacobs (WRLA)

Thomas Biesty (BCP/MP)

Rhonda Perkins

Andrew Hudson

Roberto Anguizola

Imad Abyad (OGC)

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

the Consumer Review Fairness Act of 2016 in connection with the sale 

and marketing of training programs, including seminars, courses, and 

instructional materials on trading and investing.

Status: Complaint filed 2/12/20.

TRO entered 2/25/20.

Preliminary injunction entered 4/2/20.

Defendants’ notice of appeal from the preliminary injunction filed 4/3/20.

Appellants’ opening brief filed 5/1/20; Commission’s answering brief 

filed 5/29/20.

FTC v. PHYSICIAN’S TECHNOLOGY, LLC, No. 2:20-cv-11694 (E.D. Mich.)

Parties: Physician’s Technology, LLC

Willow Labs, LLC

Ronald Shapiro

David Sutton

Assigned Attorneys: Laura Sullivan (BCP/AP)

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

Act in connection with the manufacturing, labeling, advertising, 

marketing, distribution, and sale of low-level light devices.

Status: Complaint filed 6/25/20.

Stipulated order for permanent injunction and monetary judgment entered 

6/29/20.

FTC v. PONTE INVESTMENTS, LLC, No. 1-20-cv-00177 (D. R.I.)

Parties: Ponte Investments, LLC, also d/b/a SBA Loan Program and SBA Loan

Program.com

John C. Ponte

Assigned Attorneys: Tom Widor (BCP/FP)

Sanya Shahrasbi

Dan Dwyer
59

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

connection with claims that defendant is an approved lender for a federal 

coronavirus relief lending program.

Status: Complaint filed 4/17/20. 

Stipulated preliminary injunction entered 4/20/20.

FTC v. POSITION GURUS LLC, No. 2:20-cv-00710 (W.D. Wash.)

Parties: Position Gurus LLC

Top Shelf Ecommerce LLC

Aaron Poysky

Stacy Griego

Samuel Cohen Brown

Assigned Attorneys: Sophie Helena Calderon (NWR)

Nadine S. Samter

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

Telemarketing Sales Rule, and the Consumer Review Fairness Act, in 

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

nternet marketing business products.

Status: Complaint filed 5/12/20.

Stipulated orders for permanent injunction and monetary judgment entered 

5/19/20.

FTC v. PRODUCTION MEDIA COMPANY, No. 3:20-cv-00143 (D. Or.)

Parties: Production Media Company d/b/a PMC Networking d/b/a School House 

Folders 

Ferraro Group Corp 

Jennifer Ferraro

Assigned Attorneys: Laura Solis (NWR)

Jennifer Larabee

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

connection with the offer and sale of advertising placements to small 

businesses.

Status: Complaint filed 1/23/20.

Stipulated order for permanent injunction and monetary judgment entered 

2/10/20.
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FTC v. PROG LEASING, LLC, No. 1:20-cv-01668 (N.D. Ga.)

Parties: Prog Leasing, LLC d/b/a Progressive Leasing

Assigned Attorneys: Brittany Frassetto (BCP/FP)

Miya Tandon

Robin Rock

Samuel Jacobson

Thomas Widor

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

connection with the marketing, offering for sale, and sale of rent-to-own 

payment plans.

Status: Complaint filed 4/20/20.

Stipulated order for permanent injunction and monetary judgment entered 

4/22/20.

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

Dries Dantuma

Dirk Dantuma

Jeffrey Dantuma

Edward Fred Dantuma

Assigned Attorneys: Faye Chen Barnouw (WRLA)

Maricela Segura

Karen Goff (WRSF)

Joel Marcus (OGC)

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

 Telemarketing Sales Rule in connection with the marketing and sale of

 magazine subscriptions.

Status: Complaint filed 5/14/08.

Amended complaint filed 2/5/09.

Commission’s motion for summary judgment filed 7/31/09; opposition 

filed 11/23/09; reply filed 12/7/09.

Order granting the Commission’s motion for summary judgment entered 

4/7/10.
61

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.

FTC v. QUALCOMM, INC., No. 19-16122 (9th Cir.); 5:17-cv-00220 (N.D. Cal.)

Parties: Qualcomm, Inc.

Assigned Attorneys: J. Alexander Ansaldo (BC/ACP)

 Dana Abrahamsen 

 Joseph Baker 

 Wesley Carson 

 Kente Cox 

 Rajesh James

 Philip Kehl

 Lin Kahn (WRSF) 

 Jennifer Milici

 Michele Arington (OGC)

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

Act in connection with defendant’s maintenance of a monopoly in 

baseband processors and semiconductor devices.

Status: Complaint filed 1/17/17.

Motion to dismiss filed 4/3/17; Commission’s opposition filed 5/12/17; 
62

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

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

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

Order granting Commission’s motion for partial summary judgment 

entered 11/6/18.

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

filed 12/28/18.

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

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

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

Notice of appeal filed 5/31/19.

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

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

6/18/19.

Order by district court denying Qualcomm’s motion for a stay pending 

appeal entered 7/3/19.

Qualcomm’s motion to Ninth Circuit for a partial stay pending appeal 

filed 7/8/19; Commission’s opposition filed 7/18/19; Qualcomm’s 

reply filed 7/25/19.

Order by Ninth Circuit granting a partial stay pending appeal entered 

8/23/19.

Qualcomm’s opening brief filed 8/23/19; Commission’s answering brief 

filed 11/22/19; Qualcomm’s reply brief filed 12/13/19.

Oral argument held 2/13/20.

FTC v. QUALPAY, INC., No. 6:20-cv-00945 (M.D. Fla.) 

Parties: Qualpay, Inc.

Assigned Attorneys: Benjamin Davidson (BCP/MP)

Sung W. Kim

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

connection with payment processing.

Status: Complaint filed 6/1/20.

Motion for entry of stipulated final order for permanent injunction and 

monetary judgment against Qualpay, Inc., filed 6/1/20; denied 

without prejudice 6/19/20.

FTC v. QUANTUM WELLNESS BOTANICAL INSTITUTE LLC, No. 2:20-cv-00244 (D. 

Ariz.)

Parties: Quantum Wellness Botanical Institute LLC

Fred Auzenne

Maria Gutierrez Veloso
63

Assigned Attorneys: Karen Mandel (BCP/AP)

Tawana Elaine Davis

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

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

and sale of ReJuvenation, a purported health product to reverse the aging 

process.

Status: Complaint filed 2/3/20.

Stipulated orders for permanent injunction and monetary judgment entered 

2/11/20.

FTC v. RCG ADVANCES LLC, No. 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: Ioana Gorecki (BCP/FP)

Marguerite Moeller

Michael White

Rufus Jenkins

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

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

small business financing.

Status: Complaint filed 6/10/20.

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

Michael Beaman

State of New York (Plaintiff)

Assigned Attorneys: Michelle Rusk (BCP/AP)

Annette Soberatas
64

Edward Glennon

Bradley D. Grossman (OGC)

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

FTC Act, the New York Executive Law, and the New York General 

Business Law, in connection with the marketing of defendants’ purported 

memory improvement supplement, Prevagen.

Status: Complaint filed 1/9/17.

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

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

entered 9/29/17.

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

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

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

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

Oral argument held 2/8/19.

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

for further proceedings entered 2/21/19.

Corporate defendants’ supplemental brief on motions to dismiss filed 

6/17/19; individual defendants’ supplemental brief on motions to 

dismiss filed 6/18/19; Commission’s opposition to corporate 

defendants’ motions filed 7/1/19; Commission’s opposition to 

individual defendants’ motions filed 7/2/19.

Order denying motions to dismiss entered 7/24/19.

FTC v. RENAISSANCE HEALTH PUBLISHING LLC, No. 9-20-cv-80640 (S.D. Fla.)

Parties: Renaissance Health Publishing, LLC d/b/a Renown Health Products.

James Digeorgia

Associated Attorneys: Edward B. Glennon (BCP/AP)

Sydney Knight

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 Isoprex, a purported pain 

reliever.

Status: Complaint filed 4/15/20.

Stipulated permanent injunction and monetary judgment entered 4/17/20.

FTC v. REVENUEWIRE, INC., No. 1:20-cv-01032 (D.D.C.)

Parties: Revenuewire, Inc. d/b/a SAFECART

Roberta Leach
65

Assigned Attorneys: Russell Deitch (BCP/MP)

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

the Telemarketing Sales Rule in connection with payment processing 

services.

Status: Complaint filed 4/21/20.

Stipulated order for permanent injunction and monetary judgment entered 

4/29/20.

FTC v. SHAD 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)

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.

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.

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

Parties: Simple Health Plans, LLC

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

Health d/b/a Simple HeaIth Plans d/b/a Simple lnsurance d/b/a 
66

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

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

d/b/a National Dental Savings

Health Center Management LLC

Innovative Customer Care LLC

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

Senior Benefits One LLC

Steven J. Dorfman

Assigned Attorneys: Elizabeth Scott (MWR)

James Davis

Joannie Wei

Kenneth Hawkins

Roberto Menjivar

Nathaniel Al-Najjar

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.

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.
67

Preliminary injunction as to Candida Girouard entered 4/2/20.

Second amended complaint filed 6/23/20.

FTC v. SLAC, INC., No. 5:20-cv-00470 (C.D. Cal.)

Parties: SLAC, Inc., d/b/a Student Loan Assistance Center d/b/a Aspyre

Navloan, Inc.

Student Loan Assistance Center, LLC

Adam Owens

Assigned Attorneys: Jonathan L. Kessler (BCP/ECR)

Fil M. de Banate 

Maria Del Monaco 

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

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

sale of student loan debt relief services.

Status: Complaint filed 3/9/20.

Stipulated order for permanent injunction and monetary judgment as to all 

defendants entered 5/22/20.

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.

Motion to dismiss by defendants Bradley Jason Hunt and Sean Quincy 
68

Lucero filed 10/18/19; Commission’s opposition filed 10/28/19; 

defendants’ reply in support filed 11/4/19; order denying motion 

entered 12/18/19.

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

Parties: Surescripts, LLC

Assigned Attorneys: Bradley Albert (BC/HC)

Markus Meier

D. Patrick Huyett

David B. Schwartz

Joseph P. Mathias

Tanya O’Neil

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

in connection with the defendants’ anticompetitive scheme to maintain its

monopolies 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.

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

Parties: Tate’s Auto Center of Winslow Inc.

Tates Automotive Inc.

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

Tate’s Auto Center of Gallup Inc.

Richard Berry

Linda Tate

Assigned Attorneys: Katherine Worthman (BCP/FP)

Naomi Takagi

Stephanie Cox

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.
69

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.

FTC v. TEAMI, LLC, No. 8:20-cv-00518 (M.D. Fla.)

Parties: Teami, LLC

Adi Halevy

Yogev Malul

Assigned Attorneys: Christine Delorme (BCP/AP)

Michael Feuer Ostheimer

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

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

and sale of tea products that purportedly provide health benefits.

Status: Complaint filed 3/5/20.

Stipulated order for permanent injunction and monetary judgment entered 

3/17/20.

FTC v. TRAFFIC JAM EVENTS, LLC, No. 2:20-cv-01740 (E.D. La.)

Parties: Traffic Jam Events, LLC

David J. Jeansonne II

Assigned Attorneys: Tom Widor (BCP/FP)

Sanya Shahrasbi

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

Status: Complaint filed 6/16/20.

Hearing on TRO held 6/25/20; TRO denied 6/26/20.

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)

State of California (Co-Plaintiff)

State of Illinois (Co-Plaintiff)

State of North Carolina (Co-Plaintiff)

State of Ohio (Co-Plaintiff)
70

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

D. Patrick Huyett

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 v. ZYCAL BIOCEUTICALS HEALTHCARE COMPANY, INC., No. 4:20-cv-10249 (D. 

Mass.)

Parties: Zycal Bioceuticals Healthcare Company, Inc.

James J. Scaffidi

Excellent Marketing Results, Inc.

Michael McGahee

Assigned Attorneys: Mary L. Johnson (BCP/AP)

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.
71

CIVIL PENALTY AND ENFORCEMENT CASES*

(A)Consumer Protection

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

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

Our School Search, College Info and Degree Spots

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

Raymond Fitzgerald

Ian Fitzgerald

David Cumming

Assigned Attorneys: 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, No. 17-3111 (7th Cir.); 13-2282 (7th Cir.); 3:09-

cv-3073 (C.D. Ill.)

Parties: Dish Network L.L.C.

Assigned Attorneys: Russell Deitch (BCP/MP) 

Patrick Runkle (DOJ/CPB)

Lisa Hsiao

Alleged Conduct: Violations of Section 5 and the Telemarketing Sales Rule in connection 

with abandoned calls and telephone calls to consumers on the National Do 

Not Call egistry.

Status: Complaint filed 3/25/09.

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

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

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

may also be sought.
72

 sur-reply filed 9/11/09.

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

Defendant’s motion for reconsideration or interlocutory appeal filed 

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

 entered 2/4/10.

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

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

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

motion to compel entered 12/9/10.

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

Defendants’ motion to stay action under doctrine of primary jurisdiction 

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

Order directing the parties to file an administrative complaint with 

the FCC, to obtain its interpretation of statutory language 

entered 2/4/11.

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

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

 Amended complaint filed 3/12/13. 

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

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

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

filed 3/6/14.

 Motion for summary judgment by Dish Network filed 1/6/14; opposition 

filed 5/30/14.

 United States’ motion for summary judgment filed 5/30/14. 

Order directing parties to file memoranda addressing issue of deference 

 to agency’s interpretation of its regulations entered 7/8/14; parties’

 memoranda of law filed 8/8/14; parties’ responses to each other’s

 memoranda filed 8/22/14.

Order granting partial summary judgment for United States and partial 

 summary judgment for Dish Network entered 12/12/14.

Motion for sanctions by United States and state plaintiffs filed 7/20/15; 

memorandum in opposition filed 8/21/15; reply filed 9/10/15;

order granting motion in part and denying in part entered 10/13/15.

Trial on civil penalties held 1/19/16-2/17/16.

Trial on permanent injunctive relief held 10/25/16-11/2/16.

Stipulated order for permanent injunction and civil penalty judgment 

entered 6/5/17.

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.
73

Petition for rehearing and rehearing en banc by Dish Network filed 

6/10/20; petition denied 6/25/20.

UNITED STATES v. FACEBOOK, No. 1:19-cv-02184 (D.D.C.)

Parties: Facebook, Inc.

Assigned Attorneys: Robin Moore (BCP/DPIP)

Reenah L. Kim

Linda Kopp

Patrick Runkle (DOJ/CPB)

Jason Lee

Lisa K. Hsiao

Alleged Conduct: Violations of 2012 FTC order and Section 5(a) of the FTC Act for failing 

to implement and maintain a reasonable program to protect consumers’ 

privacy and misrepresenting how consumers could control sharing of their 

personal information.

Status: Complaint filed 7/24/19.

Proposed stipulated order for civil penalties, monetary judgment, and 

injunctive relief filed 7/24/19.

Memorandum opinion approving consent order and stipulated civil penalty 

judgment entered 4/23/20.

FTC v. GOTRA, No. 19-1979 (1st Cir.); No. 1:19-cv-00410 (D. R.I.); No. 1:18-cv-10548 (D. 

Mass.)

Parties: Jasjit Gotra

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

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

Protection

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

Defend America LLC

Kevin Klink

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

Assigned Attorneys: Ian L. Barlow (BCP/MP)

Tejasvi Srimushnam

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

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

connection with the marketing and sale of home security systems and 

monthly alarm monitoring services.

Status: Complaint filed 3/22/18.
74

Consent motions to approve stipulated final orders for permanent 

injunctions and civil penalty judgments as to defendants Kevin 

Klink and Power Marketing Promotions LLC, and as to Jessica 

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

Motion for preliminary injunction as to defendants Jasit Gotra and 

Alliance Security filed 3/23/18.

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

opposition filed 5/24/18, motion denied 7/31/19.

Stipulated final order for permanent injunction and civil penalty judgment 

as to defendants Power Marketing Promotions, Kevin Klink, 

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

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

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

Commission’s reply filed 6/17/19.

Stipulated final order for permanent injunction and civil penalty judgment 

as to defendant Alliance Security Inc. entered 7/31/19.

Preliminary injunction as to defendant Jasjit Gotra entered 7/31/19.

Order transferring case to District of Rhode Island entered 8/1/19.

Notice of appeal of preliminary injunction by defendant Jasjit Gotra filed 

9/30/19.

Joint motion to stay briefing pending ongoing settlement negotiations 

granted 3/12/20.

Status report filed by Commission 4/14/20.

Joint motion to dismiss case filed 5/18/20.

Judgment entered and appeal voluntarily dismissed 6/2/20.

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

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 
75

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.

UNITED STATES v. HYPERBEARD INC., No. 3:20-cv-03683 (N.D. Cal.)

Parties: Hyperbeard Inc.

Alexander Kozachenko

Antonio Uribe

Associated Attorneys: Gorana Neskovic (BCP/DPIP)

Peder Magee

Danielle Serbin (DOJ/CPB)

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

the Commission’s Children’s Online Privacy Protection Rule (“COPPA”) 

in connection with the advertising, marketing, and distribution of mobile 

applications to consumers.

Status: Complaint filed 6/3/20.

Stipulated order for permanent injunction and civil penalty judgment 

entered 6/17/20.

UNITED STATES v. KOHL’S DEPARTMENT STORES INC., No. 2:20-cv-00859 (E.D. Wis.)

Parties: Kohl’s Department Stores Inc.

Assigned Attorneys: Elisa Jillson (BCP/DPIP)

Speare I. Hodges (DOJ/CPB)

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

the Fair Credit Reporting Act in connection with defendant’s response to 

consumers whose personal information had been compromised.

Status: Complaint filed 6/8/20.

Joint motion for order for permanent injunction, other equitable relief, and 

civil penalty by the United States 6/8/20.

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

penalty entered 6/10/20.
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FTC v. MATCH GROUP, INC., No. 3:19-cv-02281-K (N.D. Texas)

Parties: Match Group, Inc.

Assigned Attorneys: Zachary Keller (SWR)

Hasan Aijaz

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.

FTC v. MORTGAGE SOLUTIONS FCS, INC., No. 4:20-cv-00110 (N.D. Cal.)

Parties: Mortgage Solutions FCS, Inc., d/b/a Mount Diablo Lending

Ramon Walker

Assigned Attorneys: David Westley Lincicum (BCP/DPIP)

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

the Fair Credit Reporting Act, and the Gramm-Leach-Bliley Act in 

connection with mortgage brokering services.

Status: Complaint filed 1/6/20.

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

entered 1/10/20.

FTC v. ZURIXX LLC, No. 2:19-cv-00713 (D. Utah)

Parties: Zurixx, LLC

Zurixx Financial, LLC

Carlson Development Group, LLC, a 

CJ Seminar Holdings, LLC

Cristopher A. Cannon

James M. Carlson

Jeffrey D. Spangler

Utah Division of Consumer Protection (co-plaintiff)

Assigned Attorneys: Christine Todaro (BCP/MP)

Laura Basford 
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Benjamin Davidson

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.

Amended complaint filed 5/12/20.

(B) Competition

(None)

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS

FTC v. COMPLETE MERCHANT SOLUTIONS, LLC, No. 2:19-mc-00996 (D. Utah)

Parties: Complete Merchant Solutions, LLC

Assigned Attorneys: Christine Todaro (BCP/MP)

Laura Basford 

Benjamin Davidson

Nature of Action: Petition to enforce a CID.

Status: Petition filed 12/23/19.

Order to show cause entered 1/23/20.

CMS opposition to petition filed 2/11/20; Commission’s reply filed 

2/28/20.

Show case hearing before Magistrate held 3/5/20.

Report and recommendation by Magistrate recommending court compel 

compliance with CID entered 4/28/20.

Objection by Complete Merchant Solutions to report and recommendation 

filed 5/12/20; Commission’s response filed 5/26/20.

FTC v. LAMBERT, No. 0:19-cv-61867 (S.D. Fla.)

Parties: Daniel Lambert

James Verillo

Cruise Operator, Inc.
78

BPCL Management, LLC

Nationwide Reservations, Inc.

Jeff Tellam

Reservations & Fulfillment Services, Inc.

Paul Heyden

Melissa Hanson

Royal Sea Cruises, Inc.

Assigned Attorneys: Burke W. Kappler (OGC)

Nature of Action: Petition to enforce CIDs seeking materials relevant to ongoing 

Commission law enforcement investigation.

Status: Petition filed 2/4/19.

Defendants’ response to petition filed 10/11/2019; Commission’s reply 

filed 10/18/19.

Show cause hearing held 12/2/19.

Order granting petition in part and denying in part entered 12/3/19.

Joint status reports filed 12/23/19 and 2/3/20.

Notice by Commission that case may remain closed filed 3/23/20.

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION

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.
79

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 scheduled for 7/17/20.

BLOCK & LEVITON, LLP v. FTC, 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 scheduled for

7/30/20.

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.

COMPLETE MERCHANT SOLUTIONS v. FTC, No. 2:19-cv-00963 (D. Utah)

Parties: Complete Merchant Solutions, LLC

Assigned Attorneys: Michael D. Bergman (OGC)
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Nature of Action: Action for declaratory judgment and injunctive relief to stop Commission 

investigation and potential law enforcement action concerning CMS’s 

provision of payment processing services to merchants engaged in fraud.

Status: Complaint filed 12/5/19.

Commission’s motion to dismiss filed 2/3/20; CMS’s opposition file 

3/2/20; Commission’s reply filed 3/16/20.

Motion for leave to amend complaint to add new counts filed 4/2/20; 

Commission’s opposition filed 4/20/20; CMS’s reply filed 4/16/20; 

hearing on motion held 6/11/20.

CONSUMERS FOR AUTO RELIABILITY & SAFETY v. FTC, No. 1:17-cv-00540 (D.D.C.)

Parties: Consumers for Auto Reliability and Safety

Center for Auto Safety

U.S. Public Interest Research Group, Inc.

Assigned Attorneys: Bradley Grossman (OGC)

Michele Arington

Nature of Action: Action for declaratory and injunctive relief under the Administrative 

Procedure Act in connection with the Commission’s consent orders with 

General Motors and two dealerships regarding the advertising of used 

motor vehicles.

Status: Complaint filed 3/24/17.

Amended complaint filed 5/2/17.

Commission’s motion to hold case in abeyance or, in the alternative, for 

an extension of time filed 5/16/17; opposition filed 5/30/17; 

motion to stay granted 6/13/17.

Commission’s motion dismiss filed 9/8/17; response in opposition filed 

10/5/17; Commission’s reply filed 10/27/17.

Motion hearing held 9/18/18.

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.

ELECTRONIC PRIVACY INFORMATION CENTER v. FTC, No. 1:18-cv-00942 (D.D.C.)

Parties: Electronic Privacy Information Center

Assigned Attorneys: Michele Arington (OGC)

Robert Caplen (AUSA)

Alleged Conduct: Action under the Freedom of Information Act for injunctive and other 

relief to secure the release of agency records.
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Status: Complaint filed 4/20/18.

Joint status report filed 11/19/18.

Joint status report filed 3/7/19.

Joint status report filed 4/12/19.

Facebook’s motion to intervene filed 5/3/19; EPIC’s opposition filed 

6/14/19; Facebook’s reply filed 7/12/19.

Order granting Facebook’s motion to intervene entered 8/28/19.

Joint status report notifying court that the substantive issues in the action 

are resolved, leaving only issue of attorney’s fees to be addressed, 

filed 9/25/19.

EPIC’s motion for partial summary judgment on attorney’s fees filed 

11/22/19; Commission’s opposition filed 12/13/19; EPIC’s reply 

filed 12/20/19.

Magistrate judge’s report and recommendation that EPIC’s motion for 

attorney’s fees be denied entered 6/16/20.

Stipulation of dismissal filed 6/24/20.

LOUISIANA REAL ESTATE APPRAISERS BOARD v. FTC, 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.

MENDEL v. CHAO, No. 19-8075 (S. Ct.); No. 19-17380 (9th Cir.); No. 4:19-cv-03244 (N.D. 

Cal.)

Parties: S. Patrick Mendel
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Assigned Attorneys: James A. Schart (AUSA)

Nature of Action: Complaint against numerous private parties, as well as federal and state 

officials, including allegations that FTC improperly failed to investigate 

anticompetitive conduct by ride hailing services like Uber and Lyft.

Status: Complaint filed 6/7/19.

First amended complaint filed 6/20/19.

Federal defendants’ motion to dismiss filed 9/23/19; opposition filed 

10/7/19; federal defendants’ reply filed 10/15/19.

Order granting motion to dismiss without prejudice entered 11/25/19.

Notice of appeal filed 11/25/2019; order dismissing appeal for lack of 

jurisdiction entered 1/23/20.

Petition for writ of certiorari filed 3/18/20; petition denied 5/26/20.

Second amended complaint filed 5/1/20.

Federal defendants’ renewed motion to dismiss filed 5/8/20; plaintiff’s 

opposition filed 5/28/20; federal defendants’ reply filed 6/4/20. 

Order granting federal defendants’ motion to dismiss entered 6/18/20.

NERIUM INTERNATIONAL, LLC v. FTC, No. 1:19-cv-07189 (N.D. Ill.)

Parties: Nerium International, LLC (now known as Neora, LLC)

Jeffrey Olson

Assigned Attorneys: Mariel Goetz (OGC)

Nature of Action: Action for injunction and declaratory judgment that Nerium is not an 

unlawful pyramid scheme and that the FTC cannot obtain monetary relief.

Status: Complaint filed 11/1/19.

Commission’s motion to dismiss for lack of jurisdiction filed 12/23/19; 

plaintiff’s opposition filed 2/6/20; Commission’s reply filed

2/20/20.

OTA FRANCHISE CORPORATION v. FTC, No. 1:20-cv-802 (N.D. Ill.)

Parties: OTA Franchise Corporation, also d/b/a Online Trading Academy

Newport Exchange Holdings, Inc., also d/b/a Online Trading Academy

NEH Services, Inc.

Eval Shacar (a/k/a Eval Shahar)

Samuel R. Seiden

Darren Kimoto

Assigned Attorneys: Mariel Goetz (OGC)
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Nature of Action: Action for declaratory judgment and injunctive relief to stop law 

enforcement action by the Commission concerning OTA’s provision of 

training programs, including seminars, courses, and instructional materials 

on trading and investing.

Status: Complaint filed 2/4/20.

Commission’s motion to dismiss filed 3/30/20.

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.

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.

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 scheduled for 7/8/20.
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IN RE PAPLAUSKAS, JR., No. SU-2018-161-M.P (S. Ct. R.I.) 

Assigned Attorneys: Joel Marcus (OGC)

Nature of Action: Action raising the question of whether a non-attorney notary public 

engaged in the unauthorized practice of law while participating in a real 

estate closing. 

Status: Brief for the United States and the Commission as amicus curiae 

supporting respondent filed 9/17/18.

Commission and DOJ’s motion to present oral argument as amici curiae 

filed 11/21/19.

Oral argument heard 12/5/19.

Opinion holding that conducting real estate closings does not constitute 

the practice of law, so non-lawyers may compete in that market., 

entered 5/29/20.

SMILEDIRECTCLUB, LLC v. BATTLE, No. 19-12227 (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 

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.

STALEY v. GILEAD SCIENCES, INC., No. 3:19-cv-02573 (N.D. Cal.) 

Assigned Attorneys: Markus H Meier (BC/HC)

Nature of Action: Private action alleging anticompetitive conduct by manufacturers of 

branded HIV medications, raising question of relevant market definition.

Status: Commission’s motion to file amicus brief filed 10/25/19. 

Order granting motion entered 11/7/19.