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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Federal Trade Commission,

Plaintiff, 

v. 

Sitesearch Corporation, dba LeapLab, a 

Nevada corporation; et al., 

Defendants. 

No. CV-14-02750-PHX-NVW

FINAL JUDGMENT AND ORDER 

FOR INJUNCTIVE AND OTHER 

RELIEF 

 On December 22, 2014, Plaintiff, the Federal Trade Commission (“FTC” or 

“Commission”) brought this action for injunctive and equitable monetary relief against 

Sitesearch Corp., formerly known as LeapLab Corp. (“Defendant”), for unfair and 

deceptive acts or practices related to its sale of consumer payday loan applications 

containing consumer financial account and Social Security numbers and other sensitive 

personal information to non-lenders, without the consumers’ knowledge or consent. In 

the Complaint (Doc. 1), the FTC asserted that Defendant’s activities violated Section 5(a) 

of the Federal Trade Commission Act, 15 U.S.C. § 45(a), (the “FTC Act”), and requested 

injunctive and equitable monetary relief against Defendant pursuant to Section 13(b) of 

the FTC Act, 15 U.S.C. § 53(b). 

 The FTC served Defendant with the Summons and Complaint on December 24, 

2015. (Doc. 9 at 6). On February 12, 2015, after Defendant failed to file a timely 

answer, the FTC moved for default. (Docs. 12, 13). On February 13, 2015, the Clerk 

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entered default. (Doc. 15). On December 3, 2015, the FTC filed a motion for default 

judgment against Defendant pursuant to Rule 55(b) of the Federal Rules of Civil 

Procedure. On December 10, 2015, the Court granted the FTC’s motion for default 

judgment. The Court now enters this Final Judgment and Order for Injunctive and Other 

Relief (“Order”) against Defendant. 

Findings 

 1. This is an action by the FTC instituted under Section 13(b) of the FTC Act, 15 

U.S.C. § 53(b). The Complaint charges that Defendant participated in unfair acts or 

practices in violation of Section 5 of the FTC Act, 15 U.S.C. § 45, in connection with the 

disclosure of consumers’ Sensitive Personal Information. The Complaint seeks both 

permanent injunctive relief and equitable monetary relief for Defendant’s unfair acts or 

practices as alleged therein. 

 2. The FTC has the authority under Section 13(b) of the FTC Act to seek the relief 

it has requested. 

 3. This Court has jurisdiction over the subject matter of this case and has 

jurisdiction over Defendant. Venue in the District of Arizona is proper. 

 4. The activities of Defendant, as alleged in the Complaint, are in or affecting 

commerce, as defined in Section 4 of the FTC Act, 15 U.S.C. § 44. 

 5. The Commission’s complaint states a claim upon which relief may be granted 

under Section 5 of the FTC Act, 15 U.S.C. § 45. 

 6. The Defendant did not answer the Complaint. 

 7. The Clerk of Court entered default against Defendant on February 13, 2015. 

 8. By virtue of the Court’s order granting the FTC’s motion for default judgment, 

the Defendant is liable for injunctive and equitable monetary relief for violations of 

Section 5 of the FTC Act. 

 9. No hearing is necessary for the Court to make a determination with respect to 

equitable monetary relief, as the consumer injury is established through undisputed 

evidence already submitted to the Court. 

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 10. The consumer harm caused by Defendant’s unfair and deceptive business 

practices is a conservative, yet proper, measure of monetary liability in this case. 

 11. Consumer harm caused by Defendant’s sale of consumers’ Sensitive Personal 

Information to Ideal Financial equals $4,124,710. Defendant is jointly and severally 

liable for equitable monetary relief in the amount of $4,124,710, plus postjudgment 

interest pursuant to 28 U.S.C. § 1961, which will accrue upon entry of this Order. 

 12. Entry of this Order is in the public interest. There being no just reason for 

delay, the Clerk is directed to enter judgment immediately. 

Definitions 

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

 1. “Defendant” means Sitesearch Corp., formerly known as LeapLab Corp., and 

its successors and assigns. 

 2. “Financial Product or Service” means any product, service, plan, or program 

represented, expressly or by implication, to: 

 A. provide any consumer, arrange for any consumer to receive, or assist any 

 consumer in receiving, a loan or other extension of credit; 

 B. provide any consumer, arrange for any consumer to receive, or assist any 

 consumer in receiving, credit, debit, or stored value cards; 

 C. improve, repair, or arrange to improve or repair, any consumer’s credit 

 record, credit history, or credit rating; or 

 D. provide advice or assistance to improve any consumer’s credit record, 

 credit history, or credit rating. 

 3. “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. 

 4. “Sensitive Personal Information” means any of the following about a 

consumer: (a) Social Security number; (b) financial institution account number; (c) credit 

or debit card information; or (d) any other information by which a consumer’s financial 

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account can be accessed, or by which a consumer might be charged for goods or services, 

including through third parties such as telecommunications carriers. 

ORDER 

I. Prohibition on the Disclosure of Sensitive Personal Information 

 IT IS THEREFORE ORDERED that Defendant is hereby permanently restrained 

and enjoined from, or assisting others engaged in, selling, transferring, or otherwise 

disclosing a consumer’s Sensitive Personal Information to any Person, except as 

otherwise provided in Sections IV or IX of this Order; provided, however, that this 

Section I shall not prohibit the Defendant from transferring or otherwise disclosing a 

consumer’s Sensitive Personal Information to the extent necessary to process payment for 

any product or service sold by the Defendant directly to that consumer and for which the 

Defendant has the consumer’s express, informed consent for that sale. 

II. Prohibited Misrepresentations Relating to Financial Products or Services 

 IT IS FURTHER ORDERED that Defendant and its officers, agents, employees, 

and attorneys, and those persons or entities in active concert or participation with any of 

them who receive actual notice of this Order, whether acting directly or indirectly, in 

connection with the advertising, marketing, promotion, offering for sale, or selling of any 

Financial Product or Service, are hereby permanently restrained and enjoined from 

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

 A. The likelihood that any Person will obtain a loan or other extension of 

 credit; and 

 B. The terms or rates that are available for any loan or other extension of 

 credit. 

III. Prohibited Misrepresentations Relating to All Products or Services 

 IT IS FURTHER ORDERED that Defendant and its officers, agents, employees, 

and attorneys, and those persons or entities in active concert or participation with any of 

them who receive actual notice of this Order, whether acting directly or indirectly, in 

connection with the advertising, marketing, promotion, offering for sale, or selling of any 

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product or service, are hereby permanently restrained and enjoined from misrepresenting 

or assisting others in misrepresenting, expressly or by implication: 

 A. That a consumer has authorized or otherwise consented to the purchase of a 

 product or service; 

 B. The likelihood of any particular outcome or result from a product or 

 service; 

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

 policy, 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 consumers concerning any product or service, 

 such as: the total costs; any material restrictions, limitations, or conditions; 

 or any material aspect of its performance, efficacy, nature, or central 

 characteristics. 

IV. Consumer Information 

 IT IS FURTHER ORDERED that Defendant and its officers, agents, employees, 

and attorneys, and those Persons or entities 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 consumer information to enable the FTC to 

 administer efficiently consumer redress. If a representative of the FTC 

 requests in writing any information related to redress, Defendant must 

 provide it, in the form prescribed by the FTC, within 14 days. 

 B. Disclosing, using, or benefitting from consumer information, including the 

 name, address, telephone number, email address, social security number, 

 other identifying information, or any data that enables access to a 

 consumer’s account (including a credit card, bank account, or other 

 financial account) of any person that any defendant obtained prior to entry 

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 of this Order in connection with the marketing or offering of payday loans 

 or other extensions of credit. 

 C. Failing to destroy such consumer information in all forms in Defendant’s 

 possession, custody, or control within thirty (30) days after entry of this 

 order. 

Provided, however, that consumer information need not be disposed of, and may 

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

regulation, or court order. 

V. Monetary Judgment 

 IT IS FURTHER ORDERED that: 

 A. Judgment in the amount of four million, one hundred twenty four thousand, 

 seven hundred ten dollars ($4,124,710) is entered in favor of the FTC 

 against Defendant as equitable monetary relief. 

 B. 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 funds. 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 the FTC determines to be reasonably related to 

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

 equitable relief is to be deposited to the United States Treasury as equitable 

 disgorgement. Defendant has no right to challenge any actions the FTC or 

 its representatives may take pursuant to this Subsection. 

 C. Defendant acknowledges that its Taxpayer Identification Numbers (Social 

 Security Numbers or Employer Identification Numbers), which Defendant 

 must submit to the Commission within ten (10) days of entry of this Order, 

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 may be used for collecting and reporting on any delinquent amount arising 

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

VI. Order Acknowledgments 

 IT IS FURTHER ORDERED that Defendant obtain acknowledgments of receipt 

of this Order: 

 A. Within 7 days of entry of this Order, Defendant 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, 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 this Order; and (3) any business 

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

 entitled 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. 

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

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

 acknowledgment of receipt of this Order. 

VII. Compliance Reporting 

 IT IS FURTHER ORDERED that Defendant make timely submissions of the 

following to the FTC: 

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

 report, sworn under penalty of perjury. In that report, Defendant 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 Defendant; (b) identify all of Defendant’s 

 businesses by all of their names, telephone numbers, and physical, postal, 

 email, and Internet addresses; (c) describe the activities of each business, 

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 including the products and services offered, the means of advertising, 

 marketing, and sales, and the involvement of any other defendant; (d) 

 describe in detail whether and how 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; 

 B. For 20 years following entry of this Order, Defendant must submit a 

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

 change in the following: (a) any designated point of contact; or (b) the 

 structure of Defendant or any entity that Defendant has any ownership 

 interest in or directly or indirectly controls 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. 

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

 petition, insolvency proceeding, or any similar proceeding by or against 

 Defendant within 14 days of its filing. 

 D. Any submission to the FTC required by this Order to be sworn to 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, 

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 Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, 

 DC 20580. The subject line must begin: FTC v. Sitesearch, et al. 

VIII. Recordkeeping 

 IT IS FURTHER ORDERED that Defendant must create certain records for 20 

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

Defendant must create and maintain the following records: 

 A. Proof of consumers’ express, informed consent to have their Sensitive 

 Personal Information transferred or disclosed, which includes the 

 consumer’s name, and, if collected, phone number, and address; the 

 manner, time, place, and method of the authorization; and sufficient data to 

 readily show the complete consumer experience, including an audio 

 recording of the entirety of any telemarketing transaction; 

 B. Accounting records showing the revenues from all goods or services sold, 

 all costs incurred in generating those revenues, and the resulting net profit 

 or loss; 

 C. Personnel records showing, for each person providing services, whether as 

 an employee or otherwise, that person’s: name, addresses, and telephone 

 numbers; job title or position; dates of service; and, if applicable, the reason 

 for termination; 

 D. Complaints and refund requests, whether received directly or indirectly, 

 such as through a third party, and any response; 

 E. All records necessary to demonstrate full compliance with each provision 

 of this Order, including all submissions to the FTC; and 

 F. A copy of each unique advertisement or other marketing material. 

IX. Compliance Monitoring 

 IT IS FURTHER ORDERED that, for the purpose of monitoring Defendant’s 

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

judgment was suspended: 

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A. 

B. 

c. 

Within 14 days of receipt of a written request from a representative of the 

FTC, Defendant must: submit additional compliance reports or other 

requested information, which must be sworn to under penalty of pe1jmy; 

appear for depositions; and produce documents, for inspection and copying. 

The FTC is also authorized to obtain discove1y, 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. 

For matters conceming this Order, the FTC is authmized to communicate 

directly with Defendant. Defendant must permit representatives of the FTC 

to interview any employee or other person affiliated with Defendant who 

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

present. 

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

representatives, as consmners, suppliers, or other individuals or entities, to 

Defendant or any individual or entity affiliated with Defendant, without the 

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

FTC's lawful use of compulsmy process, pmsuant to Sections 9 and 20 of 

the FTC Act, 15 U.S.C. §§ 49, 57b-l. 

20 X. Retention of Jurisdiction 

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IT IS FURTHER ORDERED that this Comi retains jmisdiction of this matter for 

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

Dated this 11th day ofDecember, 2015. 

~1!~ United States District Judge 

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