UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

Case No. 14-81395-CIV-Marra/Matthewman 

Federal Trade Commission and State of 

Florida, 

Plaintiffs. 

V. 

Inbound Call Experts, LLC, et al., 

Defendants. 

STIPULATED ORDER FOR PERMANENT INJUNCTION AND MONETARY 

JUDGMENT AS TO INBOUND CALL EXPERTS, LLC, ADVANCED TECH 

SUPPORTCO, LLC, PC VITALWARE, LLC, SUPER PC SUPPORT, LLC, 

ROBERT D. DEIGNAN, PAUL M. HERDSMAN, AND JUSTIN M. WRIGHT 

Plaintiffs, the Federal Trade Commission ("FTC" or "Commission") and the State of 

Florida, Office of the Attorney General ("State of Florida'') (hereinafter "Plaintiffs'') filed an 

Amended Complaint for Permanent Injunction and Other Equitable Relief ("Amended 

Complaint") pursuant to Sections 13(b) and 19 of the Federal Trade Commission Act ("FTC 

Act"), 15 U.S.C. §§ 53(b) and 57b, and under the Florida Deceptive and Unfair Trade Practices 

Act ("FDUTPA''). Fla. Stat.§ 501.201 et seq. 

Plaintiffs and Defendants Inbound Call Experts, LLC also d/b/a Advanced Tech Support, 

Advanced Tech Supportco, LLC, PC Vitalware, LLC. Super PC Support, LLC, Robert D. 

Deignan, Paul M. Herdsman, and Justin M. Wright (collectively "Defendants") stipulate to the 

entry of this Stipulated Order for Pennanent Injunction and Monetary Judgment ("Order") to 

resolve all matters in dispute in this action between them, but not as to any other person, such as 

an indemnitee. 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 1 of 22 
THEREFORE IT IS ORDERED as follows: 

FINDINGS 

1. This Court has jurisdiction over this matter. 

2. The Amended Complaint alleges that Defendants participated in deceptive acts or 

practices in violation of Section 5 of the FTC Act, U.S.C. § 45, the FTC's Telemarketing Sales 

Rule ("TSR''), 16 C.F.R. Part 310, as amended, and Section 501.204 of the FDUTPA. 

3. Defendants neither admit nor deny any of the allegations in the Amended 

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

Defendants admit the facts necessary to establish jurisdiction. 

4. The parties agree lhat this Order resolves all allegations in the Amended 

Complaint. 

5. Defendants waive and release any claim they may have against the Plaintiffs, the 

Receiver. and their agents that relate to this action. 

6. 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 the parties agree to bear their own costs and attorney fees. 

7. The parties waive all rights to appeal or otherwise challenge or contest the 

validity of this Order. 

DEFINITIONS 

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

I. "Corporate Defendants'' means Inbound Call Experts, LLC also d/b/a Advanced 

Tech Support, Advanced Tech Supportco, LLC, PC Vitalware, LLC, and Super PC Suppoti, 

LLC, and their successors, and assigns. 

2. ''Defendants" means all of the Individual Defendants and the Corporalt: 

Defendants, individually, collectively, or in any combination. 

3. "Individual Defendants" means Robert D. Deignan, Paul M. Herdsman, and 

Justin M. Wright. 

2 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 2 of 22 
4. "Lead Generator'· means any Person that, in exchange for consideration, directs 

consumers to contact Defendants, provides consumer information to the Defendants, or 

otherwise facilitates a connection between Defendants and individual consumers for purposes of 

making a sale. 

5. "Person" means any natural person or entity, including but not limited to any 

individual, firm, corporation, company, partnership, association, trade association, business trust, 

public agency, department, bureau, board, or any other form of public, private or legal entity, and 

includes individual telemarketers. 

6. ''Plaintiffs" means the FTC and the State of Florida. 

7. ''Tech Support Product or Service'' means any plan, program, software, or 

service marketed to repair, maintain or improve a computer's performance or security, including 

registry cleaners. anti-virus programs and computer or software diagnostic services. 

8. ''Telemarketer" means any Person who, in connection with telemarketing, 

initiates or receives telephone calls to or from a customer or donor. 

9. "Telemarketing" means any plan, program, or campaign that is conducted to 

induce the purchase of goods or services or a charitable contribution by use of one or more 

telephones. 

I. 

Prohibition Against Misrepresentations 

IT IS ORDERED that Defendants, Defendants' officers, agents, 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 rnnnet.:Lion wiLh the marketing, advertising, 

promotion, distribution, offering for sale, or sale of any goods or services, are hereby 

permanently restrained and enjoined from: 

A. Misrepresenting, directly or indirectly, expressly or by implication, any material 

fact, including that they have identified problems on consumers' computers that will affect the 

performance or security of consumers' computers; 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 3 of 22 
B. Using any false or misleading statement to induce any Person to pay for goods or 

services; 

C. Failing, in any telephone call to induce the purchase of goods or services, to 

disclose truthfully, promptly, and in a clear and conspicuous manner (I) the Defendants' identity, 

(2) that the purpose of the call is to sell goods or services. and (3) the nature of the goods or 

services; 

D. Violating the Telemarketing Sales Rule, 16 C.F.R. Part 3 IO, attached as 

Attachment A: or 

E. Any acts or practices that violate F DUTPA, Chapter 50 I, Part II, Florida Statutes, 

including the use of any false or misleading statement to induce any Person to pay for goods or 

services in connection with the marketing, advertising, promotion, distribution, or offering for 

sale of any goods or services. 

II. 

Lead Generator Review, Termination and Rccordkeeping 

IT IS FURTHER ORDERED that: 

A. Defendants shall, within one hundred twenty (120) days of the date of entry of 

this Order, review whether each of Defendants' existing Lead Generators, in the course of acting 

as a Lead Generator, engages in any conduct described in Section I of this Order. Defendants 

will immediately tenninate their business relationship with a Lead Generator if this review or 

any other evidence the Defendants obtain reveals that the Lead Generator engages in any such 

conduct. 

B. If Defendants become aware of any evidence or infotmation suggesting that a 

Lead Generator, in the course of acting as a Lead Generator, is engaging in any conduct 

described in Section I of this Order, Defendants shall perform an additional review of the Lead 

Generator within thi1ty (30) days. Defendants will immediately terminate their business 

relationship with the Lead Generator if this review or any other evidence the Defendants obtain 

reveals that the Lead Generator engages in any such conduct. 

4 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 4 of 22 
C. Prior to entering into a business relationship with any prospective Lead Generator, 

Defendants shall review whether the Lead Generator, in the course of acting as a Lead Generator, 

engages in any conduct described in Section I of this Order. Defendants will not establish a 

business relationship with the Lead Generator if this review or any other evidence the 

Defendants obtain reveals that the Lead Generator engages in any such conduct. 

D. Reviewing a Lead Generator, for the purposes of Paragraphs A - C, above, must 

include steps reasonably calculated to determine whether a Lead Generator, in the course of 

acting as a Lead Generator, engages in any conduct descrihed in Section I of this Order. Such 

steps may include obtaining and reading the Lead Generator's sales scripts, obtaining and 

listening to audio, video, or other recordings of randomly-selected interactions between the Lead 

Generator and consumers, and considering consumer reviews of the Lead Generator, but need 

not include all of these steps. 

E. Defendants shall create and maintain records of their reviews and any 

terminations of Lead Generators, including documentation of the review process, procedures, 

and implementation, status and outcome. These records shall be maintained pursuant to Section 

XII of this Order. 

III. 

Monetary Judgment 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of ten million dollars ($10,000,000) is entered in favor of 

the Plaintiffs against the Defendants, jointly and severally, as equitable monetary relief. 

B. Defendants are ordered to pay Plaintiffs five million, seven hundred fifty 

thousand dollars ($5,750,000), which amount Defendants stipulate their undersigned counsel 

holds in escrow for no purpose other than payment to Plaintiffs. Such payment must be made 

within seven (7) days of entry of this Order by electronic fund transfor in accordance with 

instructions previously provided by a representative of Plaintiffs. 

5 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 5 of 22 
C. Defendants are further ordered to pay Plaintiffs two million, two hundred fifty 

thousand dollars ($2,250,000) within thirty (30) days of entry of this Order by electronic fund 

transfer in accordance with instructions previously provided by a representative of Plaintiffs. 

D. The Receiver is ordered to transfer to the Plaintiffs any funds held pursuant to the 

freeze of the Defendants' assets authorized under the Preliminary Injunction Order (DE 72), less 

any amount deducted as a payment authorized by order of the Court under Section III.E, below. 

Such transfer must be made within seven (7) days of the entry of such an order of the Court, by 

electronic fund transfer in accordance with instructions previously provided by a representative 

of the Commission. 

E. The Receiver and all personnel hired by the Receiver, including counsel to the 

Receiver and accountants, are entitled to reasonable compensation for the performance of duties 

prescribed by Section 111.D, above, from the assets that are the subject of that subsection. Within 

fourteen ( 14) days of entry of this Order, the Receiver shall apply to the Court for payment of 

compensation and expenses associated with his performance of duties as Receiver under this 

Order, the Temporary Restraining Order (DE 12), and the Preliminary Injunction (DE 72) entered 

in this proceeding, and must not increase the hourly rates used as the bases for such fee 

applications without prior approval of the Court. 

F. 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. 

G. The facts alleged in the Amended Complaint will he taken a.;; true, without forther 

proof, in any subsequent civil litigation by or on behalf of the Plaintiffs in a proceeding to 

enforce its rights to any payment or monetary judgment pursuant to this Order, such as a nondischargeability complaint in any bankruptcy case. 

I-I. The facts alleged in the Amended Complaint establish all dcments necessary to 

sustain an action by the Commission 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. 

6 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 6 of 22 
I. Defendants acknowledge that their Taxpayer Identification Numbers (Social 

Security )Jumbers or Employer Identification Numbers), which Defendants must submit to the 

Plaintiffs, may be used for collecting and reporting on any delinquent amount arising out of this 

Order, in accordance with 31 U.S.C. §770 I. 

J. All money paid to the Plaintiffs pursuant to this Order may be deposited into a 

fund administered by the Commission or its designee on behalf of both the Commission and the 

State of Florida, to he used for equitable relief~ including consumer redress and any attendant 

expenses for the administration of any redress fund. If a representative of the Plaintiffs decides 

that direct redress to consumers is wholly or partially impracticable or money remains after 

redress is completed, the Plaintiffs may apply any remaining money for such other equitable 

relief (including consumer information remedies) as it determines lo be reasonably related lo 

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

equitable relief shall be divided between the Commission and the State of Florida to be deposited 

to the U.S. Treasury as disgorgement and the State of Florida Department of Legal Affairs Trust 

Fund to be applied as costs and fees. Defendants have no right to challenge any actions the 

Plaintiffs or their representatives may take pursuant to this Subsection. 

IV. 

Lifting of Asset Freeze 

IT IS FURTHER ORDERED that the asset freeze set forth in the Preliminary 

Injunction Order (DE 72), entered by this Court on December 23, 2014, is modified to permit the 

payments and transfers identified in Section Ill of this Order, and upon completion of all such 

payments and transfers, the asset freeze as to the Defendants is dissolved. 

v. 

Receiver's Final Report 

IT IS FURTHER ORDERED that within seven (7) business days of transfeITing the 

assets to the Plaintiffs pursuant to Section III.D, the Receiver shall file his Final Report, unless 

time is extended by the Court for good cause. The Final Report shall include the total value of 

7 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 7 of 22 
the Receivership funds, the amount deducted for the Receiver's expenses and the total value 

transferred to the Plaintiffs. 

VI. 

Termination of the Receivership 

IT IS FURTHER ORDERED that upon completion by the Receiver of the tasks set 

forth in this Order, the Receivership over the assets of the Defendants shall be dissolved and the 

Receiver discharged. 

VII. 

Monitor 

IT IS FURTHER ORDERED that Jeffrey C. Schneider is hereby appointed as a 

Monitor to further ensure compliance with Sections I and II of this Order, as set forth below: 

A. The Monitor shall serve, without bond or other security, at the expense of 

Defendants. Within three (3) days after entry of this Order, Defendants and the Monitor shall 

execute the Monitor Agreement attached hereto as Attachment B. 

B. Upon entry of this Order. the Monitor shall have the duty and responsibility to 

diligently, fairly and competently review, assess, and evaluate Defendants' compliance with 

Sections I and II of this Order. The Monitor shall exercise the standard of care and diligence that 

would be expected of a reasonable person in the conduct of his own business affairs. The 

Monitor shall engage in such activities as he deems necessary to carry out these obligations. At a 

minimum, the Monitor shall: 

l) Review consumer complaints at least monthly; 

2) Review Defendants' sales scripts at least monthly; 

3) Investigate the marketing practices of at least one Lead Generator before 

submitting each of the Monitor's reports; 

4) Visit Defendants' business premises at least monthly to meet with the 

Defendants and interview employees as the Monitor deems appropriate: 

8 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 8 of 22 
5) Personally observe live sales calls at least monthly (the Monitor 

determining which sales calls to observe); 

6) Biweekly for the first six (6) months after entry of this Order, and monthly 

thereafter, listen to at least five (5) sales calls that ended in a sale (the 

Monitor determining which sales calls to review): and 

7) Take all other steps the Monitor believes are reasonably necessary to 

comply with the Monitor's obligations under this Order. 

C. Subject to the tenns of this Order, the Monitor shall have authority to engage 

staff, at the expense of Defendants, to assist the Monitor in carrying out the Monitor's duties and 

responsibilities. 

D. Except for information protected by any demonstrated legally-recognized 

privilege, the Monitor shall have full and complete access to all reasonably available information 

in the possession, custody, or control of Defendants that is relevant to accomplishing the 

Monitor's duties and responsibilities described in this Section, including but not limited to: 

Defendants' personnel, books, documents, records kept in the normal course of business, 

facilities and technical information, recordings of sales calls, live sales calls, and such other 

relevant information as the Monitor may reasonably request. The Monitor shall have authority, at 

all times, to determine sales calls to observe and review, and to visit the Defendants' business 

premises unannounced. If there is a dispute about the Monitor's access to Defendants' 

personnel, materials, and premises, after attempting to resolve the dispute without court action 

and for good cause shown, Defendants or the \ilonitor may file a motion with this Court seeking 

appropriate relief. 

E. Defendants may consult with the Monitor concerning the Monitor's work, 

including asking the Monitor for review of potential procedures, scripts and product launches, as 

well as discussing the Monitor's findings and recommendations, as appropriate. Similarly, the 

Monitor may consult with the Defendants as he deems appropriate in carrying out his 

responsibilities under the Order and this Agreement. 

9 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 9 of 22 
F. The Monitor, and any staff engaged to assist the Monitor in carrying out the 

Monitor's duties and responsibilities, shall maintain the confidentiality of all of Defendants' 

information obtained in accordance with this Order, and shall not disclose such information to 

any other Person except in accordance with this Order; except that, upon request, the Monitor 

shall share records and info1mation relevant to Defendants' compliance with this Order with 

Plaintiffs' staff. Nothing in this Section shall affect or impair Plaintiffs' ability to obtain records 

and information pursuant to Section XIII of this Order, or otherwise have discussions with the 

Monitor regarding Defendants' compliance with the Order. 

G. Defendants may require the Monitor, and any staff engaged to assist the Monitor 

in carrying out the Monitor's duties and responsibilities, to sign an appropriate confidentiality 

agreement; provided, however, that such agreement shall not restrict the Monitor (and his 

representatives) f'rom providing any information to PlaintiITs' staff. 

H. Plaintiffs' staff may require the Monitor, and any staff engaged to assist the 

Monitor in carrying out the Monitor's duties and responsibilities, to sign an appropriate 

confidentiality agreement related to Plaintiffs' materials and information received in connection 

with the performance of the Monitor's duties, and to take other appropriate steps to protect the 

confidentiality of the same. 

I. The Monitor shall serve for two (2) years upon entry of this Order. 

J. The Monitor shal I report in writing to Plaintiffs' staff and to Defendants on 

Defendants' compliance with each of the subsections of Sections I and JI. The Monitor shall 

make such reports six (6), twelve (12) and twenty-four (24) months following entry of this Order. 

K. If, at any time, the Monitor determines that Defendants are not in substantial 

compliance with Sections land II of this Order, the Monitor shall notify the Division of 

Enforcement of the FTC's Bureau of Consumer Protection and the Consumer Protection Division 

of the Office of the Florida Attorney General, and l:onsult with Defendants. Defendants may 

submit to Plaintiffs' staff and to the Monitor a written response to the Monitor's notification. In 

making this determination, the Monitor shall consult with Defendants as the Monitor deems 

10 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 10 of 22 
appropriate to ensure that the Monitor's determination is based on a full and fair assessment of 

the Defondants' compliance. 

L. The scope of work, fees, and expenses to be incurred by the Monitor and any 

professional staff retained by the Monitor shall be reasonable, sufficient and not excessive, in 

light of the Monitor's defined duties, responsibilities, and powers prescribed in this Order. The 

Monitor shall, in consultation with Plaintiffs and Defendants, prepare and present to Plaintiffs 

and Def end ants a budget within seven (7) days of entry of th is Order. If Plaintiffs or Defendants 

object to the budget and Plaintiffs, Detendants, and the Monitor are not able to agree on a 

resolution of the objection, the objecting party may apply to the Cou1t to modify the budget. If 

the Monitor, Plaintiffs, or Defendants believe the work, fees or expenses incurred by the Monitor 

are not reasonable, are insufficient, or are excessive, or that the budget should be modified for 

other good cause, such party may apply to the Court for a modification. The Monitor shall 

continue to perform his duties under this Order pending resolution of any objection. 

M. Defendants shall indemnify the Monitor and hold the Monitor hannless against all 

losses, claims, damages, liabilities, or expenses arising out of, or in connection with, the 

performance of the Monitor's duties, including all reasonable fees of counsel and other 

reasonable expenses incurred in connection with the preparations for, or defense of, any claim, 

whether or not resulting in any liability, except to the extent that such losses, claims, damages, 

liabilities, or expenses result from gross negligence, willful or wanton acts, or bad faith by the 

Monitor. 

N. In the event the Monitor detennines that the Defendants have failed to act 

consistently with the terms of this Section, the Monitor shall notify the Plaintiffs and Defendants, 

and, for good cause shown. the Monitor may apply to the Court for appropriate relief. 

0. The Monitor may, from time to time as may be made necessary by circumstances 

outside the Monitor's control. such as by reason of the Monitor's temporary incapacity, family 

emergency, or natural disaster, appoint a temporary Aeling Monitor to act in the Monitor's stead. 

The rights, duties, and obligations of the Monitor under this Section shall apply equally to any 

11 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 11 of 22 
such duly appointed Acting Monitor, provided, however, that the period during which the 

Monitor's role is filled by a Acting Monitor shall not extend for longer than thirty (30) days. 

P. If the Monitor is no longer willing or able to continue to serve, or if the Court 

relieves the Monitor of his duties, Plaintiffs' staff and Defendants shall mutually agree on a 

replacement Monitor. If the parties are unable to agree on a replacement Monitor within thirty 

(30) days, they shall submit the matter to the Court for determination within ten ( 10) days 

thereafter. The overall term of the Monitor set forth in Subsection VII.I shall be extended 

commensurate with the length of the absence of a Monitor. 

Q. In the event of the appointment of a replacement Monitor, the replacement 

Monitor shall have all the rights, powers, duties. and obligations of the Monitor under this Order. 

Not later than ten (10) days after the appointment of the replacement Monitor, Defendants shall 

execute an at,>reement with the replacement Monitor, subject to prior approval of Plaintiffs. 

VIII. 

Customer Information 

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

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

actual notice of this Order, are permanently restrained and enjoined from directly or indirectly 

failing to provide sufficient customer information to enable the Plaintiffs to efficiently administer 

consumer redress related to this action. If a representative of the Plaintiffs requests in writing any 

information related to redress in this action, Defendants must provide it, in the form prescribed 

by the Plaintiffs, within 30 days. 

IX. 

Cooperation 

IT IS FURTHER ORDERED that Defendants must fully cooperate with representatives 

of the Commission and the State of Florida in this case and in any investigation related to or 

associated with the transactions or the occurrences that are the subject of the Amended 

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

12 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 12 of 22 
Individual Defendants must appear, and Corporate Defendants must cause their officers, 

employees, representatives, or agents to appear, for interviews, discovery, hearings, trials, and 

any other proceedings that Commission or State of Florida representatives may reasonably 

request upon ten (I 0) business days written notice, or other reasonable notice, at such places and 

times as such representative may designate, without the service of a subpoena. 

x. 

Order Acknowledgments 

IT IS FURTHER ORDERED that Defendants obtain acknowledgments of receipt of 

this Order: 

A. Each Defendant, within seven (7) days of entry of this Order, must submit to the 

Plaintiffs an acknowledgment of receipt of this Order sworn under penalty ofpe~jury. 

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

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

majority owner or controls directly or indirectly, and each Corporate 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 seven (7) days of entry of this Order for current personnel. For all 

others, delivery must occur before they assume their responsibilities. 

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

Order, that Defendant must obtain, within thirty (30) days, a signed and dated acknowledgment 

of receipl of this Order. 

13 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 13 of 22 
XI. 

Compliance Reporting 

IT lS FURTHER ORDERED that Defendants make timely submissions to the 

Plaintiffs: 

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

report, sworn under penalty of perjury: 

1) Each Defendant must: 

a) Identify the primary physical, postal, and email address and 

telephone number, as designated points of contact, which 

representatives of the Plaintiffs may use to communicate with 

Defendant: 

b) Identify all of the 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 

Defendants must describe if they know or should know due to their 

own involvement); 

d) Descrihe in detail whether and how that 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 Plaintiffs. 

2) Additionally, each Individual Defendant must: 

a) Identify all telephone numbers and all physical, postal, email and 

Internet addresses, including all residences; 

14 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 14 of 22 
b) Identify all business activities, including any business for which 

such Defendant performs services whether as an employee or 

otherwise and any entity in which such Defendant has any 

ownership interest; and 

c) Describe in detail such Defendant's involvement in each such 

business, including title, role, responsibilities, participation, 

authority, control, and any ownership. 

8. For ten (I 0) years after entry of this Order, each Defendant must submit a 

comp I iance notice, sworn under penalty of perjury, within 14 days of any change in the 

following: 

1) Each Defendant must report any change in: 

a) Any designated point of contact; 

b) Its structure, if it is a Corporate Defendant; or 

c) The structure of any entity that Defendant 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 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 such Defendant performs services whether as an employee 

or otherwise and any entity of which such Defendant has direct or 

indirect control, and identify the name, physical address, and any 

Internet address of the business or entity. 

15 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 15 of 22 
C. Each Defendant must submit to the Plaintiffs notice of the filing of any 

bankruptcy petition, insolvency proceeding, or similar proceeding by or against such Defendant 

within 14 days of its filing. 

D. Any submission to the Plaintiffs 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 a representative of the Plaintiffs in writing, all 

submissions to the Commission pursuant to this Order must be emailed to DEbrief@ftc.gov or 

sent by overnight courier (not the U.S. Postal Service) to both: 

Associate Director for Enforcement 

Bureau of Consumer Protection 

Federal Trade Commission 

600 Pennsylvania Avenue NW 

Washington, DC 20580; 

and 

South Florida Bureau Chief 

Consumer Protection Division 

Florida Attorney General 

1515 ~-Flagler Drive, Suite 900 

West Palm Beach, FL 33401 

The subject lines must begin: FTC v. Inbound Call Experts, LLC, et al. 

XII. 

Record keeping 

IT IS FURTHER ORDERED that Defendants must create certain records for ten (I 0) 

years after entry of the Order, and retain each such record for five (5) years except as specified in 

Subsection D, below. Specifically, Corporate Defendant and each Individual 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; 

16 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 16 of 22 
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. All records necessary to demonstrate full compliance with each provision of this 

Order, including all submissions to the Commission; and 

D. For any business that advertises, markets, or sells any Tech Support Product or 

Service: 

1) Records of all consumer complaints and refund requests, whether received 

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

2) All recordings of sales calls with consumers, regardless of whether the call 

resulted in a sale, for a period of eighteen ( 18) months. 

XIII. 

Compliance Monitoring 

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

compliance with this Order, including any failure to transfer any assets as required by this Order: 

A. Within 14 days ofreceipt of a written request from representatives of the 

Commission or the State of Florida, each Defendant must: submit additional compliance reports 

or other requested information, which must be sworn under penalty of perjury; appear for 

depositions; produce recordings of sales calls with consumers; and produce documents for 

inspection and copying. Plaintiffs are 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 Defendants, after 

attempting to resolve a dispute without com1 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). 

B. For matters concerning this Order, Plaintiffs are authorized to communicate 

directly with each Defendant. Defendant must permit representatives of the Commission and the 

17 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 17 of 22 
State of Florida 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. Plaintiffs may use all other lawful means, including posing, through their 

representatives as consumers, suppliers, or other individuals or entities, to Defendants or any 

individual or entity affiliated with Defendants, without the necessity of identification or prior 

notice. Nothing in this Order limits Plaintiffs' lawful use of compulsory process, pursuant to 

Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-I. 

D. Upon written request from a representative of the Commission or the State of 

florida, any consumer reporting agency must furnish consumer repo1is concerning Individual 

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

XIV. 

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. 

r:t 

DONE AND ORDERED in Chambers at West Palm Beach, Florida, this/&day of 

~MIL_, 2016. 

Copies fomished to: 

Magistrate Judge William Matthewman 

All counsel of record 

18 

~) KfnnJfik Marra --=:::::::: 

United States District Judge 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 18 of 22 
So stipulated and agreed: 

for Plaintiffs: 

I 

Dated: I .) / J t; /I c, 

Dated: 

19 

Federal Trade Commission 

DAVID C. SHONKA 

Acting General Counsel 

Colleen B. Robbins, Special Bar# A5500793 

Andrew S. Hudson, Special Bar# A5502082 

James E. Evans, Special Bar# A5502080 

Emily Cope Burton, Special Bar# A5502042 

Federal Trade Commission 

600 Pennsylvania Ave., NW 

Mailstop CC-8528 

Washington, DC 20580 

(202) 326-2548; crobbins@ftc.gov 

(202) 326-2213; ahudson@ftc.gov 

(202) 326-2026; james.evans@ftc.gov 

(202) 326-2728; eburton@ftc.gov 

Attorneys for Plaintiff 

Federal Trade Commission 

State of Florida 

\ 

' / ·. ) i I &j .,{%Ii& ,1 1__ ·v~-~--------~ -

Patri8a A. Conners, Florida Bar# 0361275 

Deputy Attorney General 

Department of Legal Affairs 

Office of the Attorney General 

The Capitol 

Tallahasee, Florida 32399 

(850) 245-0140 

trish.conners@myfloridalegal.com 

Attorney for Plaintiff State of Florida 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 19 of 22 
for Defendants Inbound Call 

Experts, LLC, Robert D. 

Deignan, Paul M. Herdsman, and 

Justin M. Wright: 

Dated: By: 

Dated: I l ( /1 ( 2 ., ~ 

Dated: 1-i-) 1 '-/' -,_, ~ 

,/ 

Dated: 1c/2(:Jo1 lo 

Inbound Call Experts, LLC 

Robert D. Deignan, inlVidually 

Paul 

"?_A 

M. Herdsman, 

J~ individually 

? ,1 

/ lft;; 

l 

20 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 20 of 22 
Dated: 1 I . f: .· /. ·,\;;r}"" ·y • .. { . 

~~ '--.L~~"'<:-~---~----·---,.-·--" 

·u~vid-t. Ferguson,. ··· 

.Joriathan M. Stn,usfold 

Seth D. Haimovitch 

Kopelowitz Ostrow Ferguson Weiselberg 

200 SW First Ave., 12th Fluor 

Fort Lauderdale, FL 3330 I 

Phone: (954) 525-4100 

ferguson@kolawyers.com 

streisfeld@koiawyers.com 

haimovitch@kola\vyers.com 

Stacey M. Brandenburg 

Kandi Parsons 

Zwil!Gen PLLC 

1900 M Street. NW 

Washington, D.C. 20036 

(202) 296-3585 

Attornevs for Defendants Inbound Call 

Experf:,;_ LLC. Robert D. Deignan, Paul M 

Herdsmw1, and Justin .M. ·wright 

21 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 21 of 22 
for Advanced Tech Suppodco, LLC, 

PC Vita1ware, LLC, and Super 

PC Support, LLC: 

D:Jled: 

DBted: 

Dated: 

1

. /' /;., / . , ' i' t l · I J f'l; ' )<-' ',,_ ./ t.. ·'Ii t/ 

t f . 

"','. { 1 \··I I., I " ' . 1¥ 

' 

'[).,,. 

D ... 

Dv· 

1...),J· 

Advan\?cd Tech Support.co, LLC 

• I ~ j i .·· \,, .. /._~ • ,' _ ·"""" ·-- \./ \ /::.., ~ ,{~{.:' ~ , -. - , __ 1 \....' ~ . ,. --i \..,/l 

---="'----------~-- 1 ·'I f 

Robert D. Deimrnn. as Ui1 officer d[ 

Advlmced Tech Supportco. LLC 

PC Vitalware, LLL 

,.1 ,· 

(j;/j/1,{ ! ( ,- /L~ _--,--J_~-=------4- -; ----- R11bert D. Deignan, as an officer of 

PC Vitahvare. LLC 

S11per PC Support, LLC 

Robert D. Deignan. as an orl!icer o 1 

Super PC Support UC 

~- / ,,. .. ,.,.,,,, I "'.i~ _ r""'J 

~- j ' 'i ~,j.-_,..fl ) /"/' •" ("/ /',) ' f' .. ) ·7 "-'>~- ! ~j1::.-(,. ,1,A: .. 1 .A-/ { .,,~/, J '-'<:;;.. 

H-dt1 ay duiJ! RJ.5seif r- 8t\/1 st-a t'..( 

Holiday Russell:' PA ,J t '/ 

2699 St:riing Road. Suite A-105 

FL. Lauderdale. FL 333i1 

Phone: (954) 920 .. 5153 

!1hru~scll@hu!iuo.yrus::;ell.con 

Atcorne,v(or Dcfi:ndants Adrnnced Tech 

Suppo:!L'o, LLC. PC Viwlwun::. LLC, rmd 

Supe:· PC Support. ILC 

Case 9:14-cv-81395-KAM Document 218 Entered on FLSD Docket 12/19/2016 Page 22 of 22