1

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION 

FEDERAL TRADE COMMISSION, 

 Plaintiff, 

v.

GAFS Group, LLC, et al., 

Defendants. 

)

)

)

)

)

)

)

)

)

)

)

)

)

)

CASE NO. 3:19-CV-00055-GCM 

STIPULATED FINAL ORDER FOR 

PERMANENT INJUNCTION AND 

SETTLEMENT OF CLAIMS AS TO 

DEFENDANTS DAVID CARR, 10D 

HOLDINGS, INC., TRANS 

AMERICA CONSUMER 

SOLUTIONS, LLC, MIDWESTERN 

ALLIANCE, LLC, TACS I, LLC, 

TACS II, LLC, AND TACS III, LLC

Plaintiff, Federal Trade Commission (“FTC”), commenced this civil action on February 

4, 2019, by filing its Complaint pursuant to Section 13(b) of the Federal Trade Commission Act 

(“FTC Act”), 15 U.S.C. § 53(b), and Section 814(a) of the Fair Debt Collection Practices Act 

(“FDCPA”), 15 U.S.C. § 1692l(a). On February 4, 2019, on motion by the FTC, the Court 

entered an ex parte temporary restraining order (“TRO”) with asset freeze, appointment of 

receiver, and other equitable relief against Defendants. (ECF No. 5). On February 25, 2019, the 

Court entered a Stipulated Preliminary Injunction against Defendants David Carr, 10D Holdings, 

Inc., Trans America Consumer Solutions, LLC, Midwestern Alliance, LLC, LLI Business 

Innovations, LLC, TACS I, LLC, TACS II, LLC, and TACS III, LLC. (ECF No. 33). Now, the 

FTC, the Receiver, and Defendants David Carr, 10D Holdings, Inc., Trans America Consumer 

Solutions, LLC, Midwestern Alliance, LLC, TACS I, LLC, TACS II, LLC, and TACS III, LLC, 

by and through their undersigned counsel, stipulate and agree to the entry of this Final Order for 

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 1 of 19
2

Permanent Injunction and Settlement of Claims (“Order”) to resolve all matters in dispute in this 

action between them. 

FINDINGS 

By stipulation of the parties, the Court finds as follows: 

1. This Court has jurisdiction over this matter. 

2. The Complaint charges that Settling Defendants participated in deceptive, abusive, and 

unfair Debt collection practices in violation of Section 5 of the FTC Act, 15 U.S.C. § 45,

and the FDCPA, 15 U.S.C. §§ 1692–1692p. 

3. Settling Defendants neither admit nor deny any of the allegations in the Complaint, 

except as specifically stated in this Order. Only for purposes of this action, Settling 

Defendants admit the facts necessary to establish jurisdiction. 

4. Settling Defendants waive any claim that they may have under the Equal Access to 

Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action through the date 

of this Order, and agree to bear their own costs and attorney fees. 

5. Settling Defendants waive all rights to appeal or otherwise challenge or contest the 

validity of this Order. 

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

DEFINITIONS

For the purpose of this Order, the following definitions apply: 

A. “Credit Repair Service” means selling, providing, or performing any service (or 

representing that such service can or will be sold, provided, or performed) through the 

use of any instrumentality of interstate commerce or the mails, in return for the payment 

of money or other valuable consideration, for the express or implied purpose of (1) 

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 2 of 19
3

improving any consumer’s credit record, credit history, or credit rating, (2) providing 

advice or assistance to any consumer with regard to any activity or service described in 

clause (1).

B. “Debt” means any obligation or alleged obligation to pay money arising out of a 

transaction, whether or not such obligation has been reduced to judgment.

C. “Debt Collection Activities” means any activities of a Debt Collector to collect or 

attempt to collect, directly or indirectly, a Debt owed or due, or asserted to be owed or 

due.

D. “Debt Collector” means any Person who uses any instrumentality of interstate commerce 

or the mail in any business the principal purpose of which is the collection of any Debts, 

or who regularly collects or attempts to collect, directly or indirectly, Debts owed or due 

or asserted to be owed or due another. The term also includes any creditor who, in the 

process of collecting its own Debts, uses any name other than its own which would

indicate that a third Person is collecting or attempting to collect such Debts. The term 

also includes any Person to the extent such Person collects or attempts to collect any Debt 

that was in default at the time it was obtained by such Person.

E. “Defendants” means Global Asset Financial Services Group, LLC, Regional Asset 

Maintenance, LLC, 10D Holdings, Inc., Trans America Consumer Solutions, LLC, 

Midwestern Alliance, LLC, LLI Business Innovations, LLC, TACS I, LLC, TACS II, 

LLC, TACS III, LLC, Cedar Rose Holdings & Development, Inc., Ankh Ali, Aziza Ali, 

Kenneth Moody, David Carr, Jeremy Scinta, and Omar Hussain, individually, 

collectively, or in any combination. 

F. “Financial-Related Product or Service” means any product, service, plan, or program 

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 3 of 19
4

represented, expressly or by implication, to provide to any consumer, arrange for any 

consumer to receive, or assist any consumer in receiving:

1. An extension of consumer credit;

2. Any Credit Repair Service; or

3. Any Secured or Unsecured Debt Relief Product or Service.

G. “Person” means a natural person, organization, or other legal entity, including a 

corporation, partnership, proprietorship, association, cooperative, or any other group or 

combination acting as an entity.

H. “Secured or Unsecured Debt Relief Product or Service” means, with respect to any 

mortgage, loan, Debt, or obligation between a Person and one or more secured or 

unsecured creditors or Debt Collectors, any product, service, plan, or program 

represented, expressly or by implication to:

1. Negotiate, settle, or in any way alter the terms of payment or other terms of the 

mortgage, loan, Debt, or obligation, including but not limited to, a reduction in the 

amount of interest, principal balance, monthly payments, or fees owed by a Person to 

a secured or unsecured creditor or Debt Collector;

2. Stop, prevent, or postpone any mortgage or deed of foreclosure sale for a Person’s 

dwelling, any other sale of collateral, any repossession of a Person’s dwelling or other 

collateral, or otherwise save a Person’s dwelling or other collateral from foreclosure 

or repossession;

3. Obtain any forbearance or modification in the timing of payments from any secured 

or unsecured creditor or Debt Collector;

4. Negotiate, obtain, or arrange any extension of the period of time within which the 

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 4 of 19
5

Person by (a) cure his or her default on the mortgage, loan, Debt, or obligation, (b) 

reinstate his or her mortgage, loan, Debt, or obligation, (c) redeem a dwelling or other 

collateral, or (d) exercise any right to reinstate the mortgage, loan, Debt, or obligation 

or redeem a dwelling or other collateral;

5. Obtain any waiver of an acceleration clause or balloon payment contained in any 

promissory note or contract secured by any dwelling or other collateral; or

6. Negotiate, obtain, or arrange, (a) a short sale of a dwelling or other collateral, (b) a 

deed-in-lieu of foreclosure, or (c) any other disposition of a mortgage, loan, Debt, or 

obligation other than a sale to a third party that is not the secured or unsecured loan 

holder.

The foregoing shall include any manner of claimed assistance, including, but not limited 

to, auditing or examining a Person’s application for the mortgage, loan, Debt, or 

obligation.

I. “Settling Defendants” means the Individual Settling Defendant and the Corporate 

Settling Defendants, individually, collectively, or in any combination. “Corporate 

Settling Defendants” means 10D Holdings, Inc., Trans America Consumer Solutions,

LLC, Midwestern Alliance, LLC, TACS I, LLC, TACS II, LLC, and TACS III, LLC and 

their successors and assigns. “Individual Settling Defendant” means David Carr, and 

any other names by which he may be known.

J. “Settling Receivership Entities” means the Corporate Settling Defendants, as well as 

any other business related to the Settling Defendants’ Debt Collection or Debt Brokering

business and which the Receiver has reason to believe is owned or controlled in whole or 

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 5 of 19
6

in part by any of the Settling Defendants, including any other Debt Collection or Debt 

Brokering business operated by the Individual Settling Defendant. 

ORDER

I. BAN ON DEBT COLLECTION AND DEBT BROKERING ACTIVITIES

IT IS THEREFORE ORDERED that Settling Defendants, whether acting directly or 

through any other Person, are permanently restrained and enjoined from:

A. Participating in Debt Collection Activities; and

B. Advertising, marketing, promoting, offering for sale, selling, or buying any consumer 

or commercial Debt or any information regarding a consumer relating to a Debt.

II. PROHIBITION AGAINST MISREPRESENTATIONS RELATING TO 

FINANCIAL-RELATED PRODUCTS OR SERVICES

IT IS FURTHER ORDERED that Settling Defendants, their officers, agents, and 

employees, and all other Persons in active concert or participation with any of them, who receive 

actual notice of this Order, whether acting directly or indirectly, in connection with promoting or 

offering for sale any Financial-Related Product or Service are permanently restrained and 

enjoined from:

A. Misrepresenting or assisting others in misrepresenting, expressly or by implication, 

any material fact, including but not limited to: 

1. The terms or rates that are available for any loan or other extension of credit;

2. Any aspect of any Credit Repair Service, including but not limited to (a) any 

Person’s ability to improve or otherwise affect a consumer’s credit record, 

credit history, or credit rating or ability to obtain credit; or (b) that any Person 

can improve any consumer’s credit record, credit history, or credit rating by 

permanently removing negative information from the consumer’s credit 

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 6 of 19
7

record, credit history, or credit rating, even where such information is accurate 

and not obsolete;

3. Any aspect of any Secured or Unsecured Debt Relief Product or Service, 

including but not limited to (a) the amount of savings a consumer will receive 

from purchasing, using, or enrolling in such Secured or Unsecured Debt 

Relief Product or Service; (b) the amount of time before which a consumer 

will receive settlement of that consumer’s Debts; or (c) the reduction or 

cessation of collection calls;

4. That a consumer will receive legal representation; and

5. That any particular outcome or result from a Financial-Related Product or 

Service is guaranteed, assured, highly likely or probable, or very likely or 

probable; and

B. Advertising or assisting others in advertising credit terms other than those terms that 

actually are or will be arranged or offered by a creditor or lender.

III. PROHIBITION AGAINST MISREPRESENTATIONS RELATING TO ANY 

PRODUCTS OR SERVICES

IT IS FURTHER ORDERED that Settling Defendants, their officers, agents, and 

employees, and all other Persons in active concert or participation with any of them, who receive 

actual notice of this Order, whether acting directly or indirectly, in connection with promoting or 

offering for sale any product or service are permanently restrained and enjoined from 

misrepresenting or assisting others in misrepresenting, expressly or by implication: 

A. That any Person is an attorney or affiliated or associated with an attorney or law firm;

B. That any Person owes any Debt;

C. The nature or terms of any refund, cancellation, exchange, or repurchase policy, 

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 7 of 19
8

including, but not limited to, the likelihood of a consumer obtaining a full or partial 

refund, or the circumstances in which a full or partial refund will be provided to the 

consumer; and

D. Any other fact material to a consumer’s decision to purchase any good or service, 

such as (1) the total costs to purchase, receive, or use, and the quantity of, any good 

or service; (2) any material restriction, limitation, or condition to purchase, receive, or 

use any good or service; or (3) any material aspect of the performance, efficacy, 

nature, or central characteristics of any good or service.

IV. MONETARY JUDGMENT AND PARTIAL SUSPENSION

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of SEVEN MILLION, TWO HUNDRED AND FIFTY SIX 

THOUSAND, AND FOUR HUNDRED AND EIGHTY EIGHT DOLLARS 

($7,256,488) is entered in favor of the FTC against Settling Defendants, jointly and 

severally, as equitable monetary relief.

B. In partial satisfaction of the judgment against the Settling Defendants:

1. Settling Defendants shall, within ten (10) business days from receipt of a copy of 

this Order, transfer to the FTC or its designated agent the amount of $47,000.

2. All financial institutions holding accounts in the name of, on behalf of, or for the 

benefit of, any Settling Receivership Entity shall, within ten (10) business days 

from receipt of a copy of this Order, transfer to the Receiver or her designated 

agent, all funds, if any, in such accounts, including, but not limited to: (a) JP 

Morgan Chase Bank account number xx0013 in the name of Trans America 

Consumer Solutions, LLC; (b) JP Morgan Chase Bank account number xx9881 in 

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 8 of 19
9

the name of Midwestern Alliance, LLC; (c) JP Morgan Chase Bank account 

number xx9395 in the name of TACS III, LLC; (d) Bank of America account 

number xx9238 in the name of 10D Holdings, Inc.; and (e) Base Commerce 

account number xx4738 in the name of NRA, LLC;

3. JP Morgan Chase Bank shall, within ten (10) business days of receipt of a copy of 

this Order, transfer to the FTC or its designated agent all funds, if any, in (a) 

account number xx6371 in the name of David M. Carr and (b) account number 

xx8008 in the name of David M. Carr.

C. Upon completion of the asset transfers and the liquidation of all assets of the Settling 

Receivership Entities as set forth in Sections IV.B and V of this Order, the remainder 

of the judgment as to Settling Defendants is suspended, subject to the Subsections 

below.

D. The asset freeze is modified to permit the transfers identified in this Section. Upon 

completion of those transfers, the asset freeze as to Settling Defendants is dissolved.

E. The FTC’s agreement to the suspension of part of the judgment is expressly premised 

upon the truthfulness, accuracy, and completeness of Settling Defendants’ sworn 

financial statements and related documents (collectively, “financial representations”) 

submitted to the FTC, namely: (1) the Financial Statement of Individual Defendant

David Carr, signed on February 12, 2019, including the attachments; (2) the Financial 

Statement of Corporate Defendant 10D Holdings, Inc., signed by David Carr on 

February 12, 2019, including the attachments; and (3) the Financial Statement of 

Individual Defendant David Carr, signed on August 9, 2019, including the 

attachments .

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 9 of 19
10

F. The suspension of the judgment will be lifted as to any Settling Defendant if, upon 

motion by the FTC, the Court finds that such Settling Defendant failed to disclose any 

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

misstatement or omission in the financial representations identified above.

G. If the suspension of the judgment is lifted, the judgment becomes immediately due as 

to that Settling Defendant in the amount specified in Subsection A above (which the 

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

caused by Settling Defendants, less any payment previously made pursuant to this 

Section, plus interest computed from the date of entry of this Order).

H. Settling Defendants relinquish dominion and all legal and equitable right, title, and 

interest in all assets transferred pursuant to this Order and may not seek the return of 

any assets.

I. The facts alleged in the Complaint will be taken as true, without further proof, in any 

subsequent civil litigation by or on behalf of the FTC to enforce its rights to any 

payment or monetary judgment pursuant to this Order, such as a nondischargeability 

complaint in any bankruptcy case.

J. The facts alleged in the Complaint establish all elements necessary to sustain an 

action by the FTC pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 11 

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

purposes.

K. Settling Defendants acknowledges that their Taxpayer Identification Numbers (Social 

Security Numbers or Employer Identification Numbers), which Settling Defendants

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 10 of 19
11

previously submitted to the FTC, may be used for collecting and reporting on any 

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

L. All money paid to the FTC pursuant to this Order may be deposited into a fund 

administered by the FTC or its designee to be used for equitable relief, including 

consumer redress and any attendant expenses for the administration of any redress 

fund. If a representative of the FTC decides that direct redress to consumers is 

wholly or partially impracticable or money remains after redress is completed, the 

FTC may apply any remaining money for such other equitable relief (including 

consumer information remedies) as it determines to be reasonably related to 

Defendants’ practices alleged in the Complaint. Any money not used for such 

equitable relief is to be deposited to the U.S. Treasury as disgorgement. Defendants 

have no right to challenge any actions the FTC or its representatives may take 

pursuant to this Subsection.

V. CONTINUATION OF RECEIVERSHIP

IT IS FURTHER ORDERED that A. Cotten Wright, Esq., shall continue as a 

permanent receiver over the Settling Receivership Entities with full powers of a permanent 

receiver, including but not limited to those powers set forth in the Preliminary Injunction (Dkt.

No. 33), and including full liquidation powers. The Receiver is directed to wind up the Settling 

Receivership Entities and liquidate all assets within 365 days after entry of this Order. Any party 

or the Receiver may request that the Court extend the Receiver’s term for good cause. Upon 

termination of the receivership and final payment to the Receiver of all approved fees, costs, and 

expenses, the Receiver shall turn over to the FTC or its designated agent all remaining assets in 

the receivership estate.

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 11 of 19
12

VI. COOPERATION

IT IS FURTHER ORDERED that Settling Defendants must fully cooperate with 

representatives of the FTC in this case and in any investigation related to or associated with the 

transactions or the occurrences that are the subject of the Complaint. Settling Defendants must 

provide truthful and complete information, evidence and testimony. Settling Defendants must 

appear for interviews, discovery, hearings, trials, and any other proceedings that an FTC 

representative may reasonably request upon 5 days written notice, or other reasonable notice, at 

such places and times as an FTC representative may designate, without the service of a 

subpoena.

VII. CUSTOMER INFORMATION

IT IS FURTHER ORDERED that Settling Defendants, their officers, agents, and 

employees, and all other Persons in active concert or participation with any of them, who receive 

actual notice of this Order, whether acting directly or indirectly, are permanently restrained and 

enjoined from directly or indirectly: 

A. Failing to provide sufficient customer information to enable the FTC to administer 

efficiently consumer redress. If a representative of the FTC requests in writing any 

information related to redress, Settling Defendants must provide it, in the form 

prescribed by the FTC, within 14 days.

B. Disclosing, using, or benefitting from customer information, including the name, 

address, telephone number, email address, social security number, other identifying 

information, or any data that enables access to a customer’s account (including a 

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 12 of 19
13

credit card, bank account, or other financial account), that any Defendant obtained 

prior to entry of this Order in connection with any Debt Collection Activities; and

C. Failing to destroy such customer information in all forms in their possession, custody, 

or control within 30 days after receipt of written direction to do so from a 

representative of the FTC. 

D. Provided, however, that customer information need not be disposed of, and may be 

disclosed, to the extent requested by a government agency or required by law, 

regulation, or court order. 

VIII. ORDER ACKNOWLEDGMENTS

IT IS FURTHER ORDERED that Settling Defendants obtain acknowledgments of 

receipt of this Order:

A. Settling Defendants, within 7 days of entry of this Order, must submit to the FTC an 

acknowledgment of receipt of this Order sworn under penalty of perjury.

B. For 5 years after entry of this Order, each Individual Settling Defendant for any 

business that such Defendant, individually or collectively with any other Defendants, 

is the majority owner or controls directly or indirectly, and the Corporate Settling 

Defendant, must deliver a copy of this Order to: (1) all principals, officers, directors, 

and LLC managers and members; (2) all employees, agents, and representatives who 

participate in conduct related to the subject matter of the Order; and (3) any business 

entity resulting from any change in structure as set forth in the Section titled 

Compliance Reporting. Delivery must occur within 7 days of entry of this Order for 

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

responsibilities.

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 13 of 19
14

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

Order, that Defendant must obtain, within 30 days, a signed and dated 

acknowledgment of receipt of this Order.

IX. COMPLIANCE REPORTING

IT IS FURTHER ORDERED that Settling Defendants make timely submissions to the 

FTC:

A. One year after entry of this Order, each Settling Defendant must submit a compliance 

report, sworn under penalty of perjury:

1. Each Settling Defendants must: (a) identify the primary physical, postal, and 

email address and telephone number, as designated points of contact, which 

representatives of the FTC may use to communicate with that Settling Defendant; 

(b) identify all of that Settling Defendant’s businesses by all of their names, 

telephone numbers, and physical, postal, email, and Internet addresses; (c) 

describe the activities of each business, including the goods and services offered, 

the means of advertising, marketing, and sales, and the involvement of any other 

Defendant (which Individual Settling Defendants must describe if they know or 

should know due to their own involvement); (d) describe in detail whether and 

how that Settling Defendant is in compliance with each Section of this Order; and 

(e) provide a copy of each Order Acknowledgment obtained pursuant to this 

Order, unless previously submitted to the FTC. 

2. Additionally, each Individual Settling Defendant must: (a) identify all telephone 

numbers and all physical, postal, email and Internet addresses, including all 

residences; (b) identify all business activities, including any business for which 

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 14 of 19
15

that Individual Settling Defendant performs services whether as an employee or 

otherwise and any entity in which such Individual Settling Defendants has any 

ownership interest; and (c) describe in detail that Individual Settling Defendant’s

involvement in each such business, including title, role, responsibilities, 

participation, authority, control, and any ownership.

B. For 10 years after entry of this Order, each Settling Defendant must submit a 

compliance notice, sworn under penalty of perjury, within 14 days of any change in 

the following: 

1. Each Settling Defendants must report any change in: (a) any designated point of 

contact; or (b) the structure of any entity that such Settling Defendant has any 

ownership interest in or controls directly or indirectly that may affect compliance 

obligations arising under this Order, including: creation, merger, sale, or 

dissolution of the entity or any subsidiary, parent, or affiliate that engages in any 

acts or practices subject to this Order.

2. Additionally, each Individual Settling Defendant must report any change in: (a) 

name, including aliases or fictitious name, or residence address; or (b) title or role 

in any business activity, including any business for which that Individual Settling 

Defendants performs services whether as an employee or otherwise and any entity 

in which that Individual Settling Defendants has any ownership interest, and 

identify the name, physical address, and any Internet address of the business or 

entity.

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 15 of 19
16

C. Each Settling Defendant must submit to the FTC notice of the filing of any 

bankruptcy petition, insolvency proceeding, or similar proceeding by or against that 

Settling Defendants within 14 days of its filing.

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

perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by 

concluding: “I declare under penalty of perjury under the laws of the United States of 

America that the foregoing is true and correct. Executed on: _____” and supplying 

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

E. Unless otherwise directed by an FTC representative in writing, all submissions to the 

FTC pursuant to this Order must be emailed to DEbrief@ftc.gov or sent by overnight 

courier (not the U.S. Postal Service) to: Associate Director for Enforcement, Bureau 

of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, 

Washington, DC 20580. The subject line must begin: FTC v. GAFS Group, 

X190013.

X. RECORDKEEPING

IT IS FURTHER ORDERED that Settling Defendants must create certain records for 

10 years after entry of the Order, and retain each such record for 5 years. Specifically, the 

Corporate Settling Defendant and each Individual Settling Defendant for any business that such 

Defendant, individually or collectively with any other Defendants, is a majority owner or 

controls directly or indirectly, must create and retain the following records:

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

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 16 of 19
17

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

employee or otherwise, that Person’s: name; addresses; telephone numbers; job title 

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

C. Records of all consumer complaints and refund requests, whether received directly or 

indirectly, such as through a third party, and any response;

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

Order, including all submissions to the FTC; and

E. A copy of each materially different advertisement or other marketing material.

XI. COMPLIANCE MONITORING

IT IS FURTHER ORDERED that, for the purpose of monitoring Settling Defendants’

compliance with this Order, including the financial representations upon which part of the 

judgment was suspended and any failure to transfer any assets as required by this Order:

A. Within 14 days of receipt of a written request from a representative of the FTC, each 

Settling Defendant must: submit additional compliance reports or other requested 

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

and produce documents for inspection and copying. The FTC is also authorized to 

obtain discovery, without further leave of court, using any of the procedures 

prescribed by Federal Rules of Civil Procedure 29, 30 (including telephonic 

depositions), 31, 33, 34, 36, 45, and 69; provided that a Settling Defendant, after 

attempting to resolve a dispute without court action and for good cause shown, may 

file a motion with this Court seeking an order for one or more of the protections set 

forth in Rule 26(c).

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 17 of 19
18

B. For matters concerning this Order, the FTC is authorized to communicate directly 

with each Settling Defendants. Settling Defendants must permit representatives of 

the FTC to interview any employee or other Person affiliated with any Defendant

who has agreed to such an interview. The Person interviewed may have counsel 

present.

C. The FTC may use all other lawful means, including posing, through its 

representatives as consumers, suppliers, or other individuals or entities, to Settling 

Defendants or any individual or entity affiliated with Settling Defendants, without the 

necessity of identification or prior notice. Nothing in this Order limits the FTC’s 

lawful use of compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 

U.S.C. §§ 49, 57b-1.

D. Upon written request from a representative of the FTC, any consumer reporting 

agency must furnish consumer reports concerning Settling Defendants, pursuant to 

Section 604(1) of the Fair Credit Reporting Act, 15 U.S.C. §1681b(a)(1).

XII. ENTRY OF JUDGMENT

IT IS FURTHER ORDERED that there is no just reason for delay of entry of this 

judgment, and that, pursuant to Federal Rule of Civil Procedure 54(b), the Clerk immediately 

shall enter this Order as a final judgment as to Defendants David Carr, 10D Holdings, Inc., Trans 

America Consumer Solutions, LLC, Midwestern Alliance, LLC, TACS I, LLC, TACS II, LLC, 

and TACS III, LLC.

XIII. RETENTION OF JURISDICTION

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

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

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 18 of 19
19

Signed: December 6, 2019 Graham C. ML-.. 

United States District Judge 

Case 3:19-cv-00055-GCM Document 70 Filed 12/06/19 Page 19 of 19