SEMIANNUAL FEDERAL COURT

LITIGATION STATUS REPORT

Office of the General Counsel

Bureau of Competition

Bureau of Consumer Protection

Regional Offices

December 31, 2020

No. 139
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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................................................................ 2

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

(B) Preliminary Injunctions (Other) ....................................................................................... 6

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

CIVIL PENALTY AND ENFORCEMENT CASES................................................................... 70

(A) Consumer Protection...................................................................................................... 70

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

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

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION....................... 76

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

SUMMARY OF CASES

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

PETITIONS FOR REVIEW 0 3 0 3

INJUNCTION AND

CONSUMER REDRESS CASES

63 15 4 82

CIVIL PENALTY AND 

ENFORCEMENT CASES

7 1 0 8

SUBPOENA AND CID

ENFORCEMENTS

3 0 0 3

SUITS TO ENJOIN FTC 

ACTION AND OTHER

DEFENSIVE LITIGATION

10 3 0 13

AMICUS CURIAE BRIEFS 0 4 0 4

TOTALS 84 26 4 113

 * 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.
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.

Petition dismissed 12/14/20.
2

(B) Rulemakings

(None Pending)

INJUNCTION AND CONSUMER REDRESS CASES

(A)Preliminary Injunctions (Mergers/Acquisitions)

FTC v. COSTAR GROUP, INC., No. 1:20-cv-3518 (D.D.C.)

Parties: CoStar Group, Inc.

RentPath Holdings, Inc. 

Assigned Attorneys: Susan Musser (BC)

Helder Agostinho

Steven Couper

Derek Diaz

Jessica Drake

Kelly Fabian

Kurt Herrera-Heintz

Armando Irizarry

Steven Keely

Nicolas Stebinger

Nature of Action: Action to enjoin CoStar Group, Inc.’s proposed $588 million acquisition 

of competitor RentPath Holdings, Inc.

Status: Complaint filed 12/3/20.

TRO entered 12/4/20. 

Stipulated dismissal due to abandonment of transaction filed 12/30/20. 

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

Parties: Hackensack Meridian Health

Englewood Healthcare Foundation

Assigned Attorneys: Lindsey Bohl (BC/Mergers IV)

Emily Bowne

Chris Caputo

Jonathan Lasken

Nandu Machiraju

Nathan Brenner

Kati Williams

Harris Rothman
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Anthony Saunders

Samantha Gordon

Elizabeth Arens

Chris Megaw

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

Hackensack Meridian Health and Englewood Healthcare.

Status: Complaint filed 12/4/20

TRO entered 12/4/20.

FTC v. METHODIST LE BONHEUR HEALTHCARE, No. 2:20-cv-2835 (W.D. Tenn.)

Parties: Methodist Le Bonheur Healthcare

Tenet Healthcare Corporation

State of Tennessee (Plaintiff)

Assigned Attorneys: Amy Ritchie (BC/Mergers IV)

Melissa Hill

Jennifer Milici

Susan Musser

Laura Krachman

Gary Schorr

Chris Megaw

Marsha Richard

Emily Blackburn

Ryan Andrews

Elizabeth Arens

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

Saint Francis Hospitals owned by Tenet Healthcare by Methodist Le 

Bonheur Healthcare.

Status: Complaint filed 11/16/20.

TRO entered 11/17/20.

Commission’s complaint dismissed following abandonment of merger 

12/23/20.

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)
4

Daniel Matheson

Alicia Burns-Wright

Cecelia Waldeck

Christopher Caputo

Elizabeth Arens

Ernest Eric Elmore

Jeanine Balbach

Jonathan Lasken

Joshua Goodman

Maria Cirincione

Michael Anthony Franchak

Phillip Kehl

Sean Hughto

Stephen Santulli

Taylor Alexander

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

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

Status: Complaint filed 2/26/20.

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

Energy’s opposition filed 6/25/20

Preliminary injunction entered 9/29/20.

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

Parties: Proctor & Gamble Company

Billie, Inc. 

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

Greta Burkholder (BC/Mergers III)

Keitha Clopper

Clarke Edwards

Megan Henry

Marc Schneider

Brian Telpner

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

proposed $295 million acquisition of Billie, Inc. 

Status: Complaint filed 12/9/20.

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

(E.D. Pa.)

Parties: Thomas Jefferson University
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Albert Einstein Healthcare Network

Commonwealth of Pennsylvania (co-plaintiff)

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

Mark D. Seidman

Tracy W. Wertz

Albert Teng

Christopher D. Harris

Guia Dixon

Gustav Peter Chiarello, III

James H. Weingarten

Jamie E. France

Jonathan R. Wright

Ryan T. Andrews

Brad Grossman (OGC)

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

Jefferson Health and Albert Einstein Healthcare Network.

Status: Complaint filed 2/27/20.

TRO entered 2/28/20.

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

Notice of appeal filed 12/10/20.

Commission’s emergency motion to Third Circuit for injunction pending 

appeal filed 12/11/20; motion denied 12/21/20.
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(B) Preliminary Injunctions (Other)

(None Pending)

(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.

Stipulated order for permanent injunction and monetary judgment against 

defendant OEA, LLC entered 3/2/20.

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

settlement agreement entered 6/8/20.

Amended stipulated order for permanent injunction and monetary 

judgment against defendants 8 Figure Dream Lifestyle LLC; JL 

Net Bargains, Inc.; Kappy Enterprises LLC; Millionaire Mind 

Enterprises LLC; Spirit Consulting Group, Inc.; John A. Bain; 

Alex Dee, f/k/a Alex S. Dowlatshahi; Brian M. Kaplan; and Jerrold 

S. Maurer, a/k/a Jerry Maurer, entered 9/9/20.

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.
8

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

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

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

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

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

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

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

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

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

denying motion for reconsideration entered 6/27/18. 

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

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

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

Defendants AbbVie, Inc, Abbott Laboratories, and Unimed 

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

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

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

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

8/13/18.

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

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

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

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

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

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

filed 9/30/19.

Oral argument held 1/15/20.

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

brief filed 1/29/20.

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

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

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

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

regarding sham patent litigation claims, reversing disgorgement 

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

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

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

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

Parties: Absolute Financial Services, LLC

Absolute Financial Services Recovery, LLC

AFSR Global Logistics, LLC

LaShone Elam aka LaShone Caldwell

Talesia Neely
9

Assigned Attorneys: Marguerite Moeller (BCP/FP)

Gregory Ashe 

Michael Goldstein

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

the Fair Debt Collection Practices Act in connection with debt collection 

operation.

Status: Complaint filed 7/13/20.

TRO entered 7/17/20. 

Stipulated preliminary injunction entered 10/2/20. 

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

Parties: Adept Management, Inc.

Anchor Publishing Group, Inc.

Associated Publishers Network, Inc.

Atlas Business Consulting, LLC

Clarity Group, LLC

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

Services, Processing Express Solutions

Crown Resource Management, LLC

Customer Access Services, Inc.

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

Associated Periodical Network, Associated Publishers 

Readership, Billing Services of Circulation, Circulation 

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

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

Magazine Distribution Marketplace, Magazine Payment Processing, 

National Magazine Network, Publication Network Services, Publishers 

Billing Marketplace, Publishers Distribution Network, Publishers 

Magazine Services, Readers Magazine Services, Readers Payment 

Network, Subscription Billing Agency, Subscription Billing Network, 

United Billing Service, United Publishers Agency

HCG, Inc.

Henry Cricket Group, LLC

Hoyal & Associates, Inc.

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

Consumer Publishers Association, Associated Publishers Services, 

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 
10

Networks, Publishers Access Services, Publishers Billing Services, 

Publishers Consolidated Subscription Services, Publishers Distribution 

Center, Publishers Education Services, Publishers Magazine Billing, 

Publishers Magazine Payment, Publishers Marketplace Services, 

Publishers Network Exchange, Publishers Payment Services, Publishers 

Periodical Service, Publishers Processing Service, Publishers Services 

Exchange, Readers Billing Services, Readers Payment Service, 

Seascape Publishers Network, Slo Call Center, Subscription Billing 

Service, Subscription Payment Exchange, Subscription Payment 

Services, United Publishers Services

Magazine Clearing Exchange

Magazine Link, Inc.

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

Northwest Data Services, LLC

PPP Magazines, Inc.

Publishers Payment Processing, Inc.

Reality Kats, LLC

Specialties, Inc.

Subscription House Agency, Inc.

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

Circulation Billing Network, Magazine Billing Associates, 

Premier Subscription Network, Publishers Billing Network, Publishers 

Magazine Exchange

Wineoceros Wine Club, Inc.

Linda Babb

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

Jeffrey Hoyal

Lori Hoyal

Colleen Kaylor

Laura Lovrien a/k/a Laura Babb

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

Lydia Pugsley a/k/a Lydia Babb

Dennis Simpson

William Strickler

Assigned Attorneys: Laura Solis (NWR)

Richard McKewen

Connor Shively

Sophia Calderón

Stephen Fairchild

Jack Metzler (OGC)

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

in connection with a nationwide campaign relying on misrepresentations

to solicit newspaper renewals and new subscriptions from consumers.
11

Status: Complaint filed 4/27/16.

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

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

11/3/16.

Motions for stay pending resolution of criminal proceedings filed 

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

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

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

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

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

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

Business Consulting LLC, Clarity Group, Inc., Consolidated 

Publishers Exchange, Inc., Crown Resource Management LLC, 

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

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

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

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

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

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

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

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

Commission’s motion for default judgment and permanent injunction 

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

opposition to motion by defendants Jeffrey Hoyal, Lori Hoyal, 

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

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

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

4/12/18.

Motions for summary judgement by defendants Linda Babb, Colleen 

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

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

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

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

defendants’ reply filed 9/7/18. 

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

opposition by defendants Colleen Kaylor, Jeffrey Hoyal, Hoyal & 

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

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

Publishers Payment Processing, Inc, Lydia Pugsley, Laura Lovrien 

filed 8/31/18.

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.
12

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

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

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

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

motion for reconsideration of court’s summary judgment in favor 

of the Commission entered 4/18/19.

Order for permanent injunction against all defendants and monetary 

judgment against defendants Dennis Simpson, Jeffrey Hoyal, and 

Lori Hoyal entered 6/10/19.

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

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

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

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

Notices of appeal by Reality Kats defendants and Hoyal defendants filed 

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

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

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

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

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

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

filed 7/29/20.

Order staying appeal pending Supreme Court decision in AMG Capital 

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

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)

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.
13

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

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

reply filed 11/11/19.

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

to state a claim entered11/16/20.

FTC v. AGE OF LEARNING, INC., No. 2:20-cv-7996 (C.D. Cal.)

Parties: Age of Learning, Inc. d/b/a ABCmouse

Assigned Attorneys: Joannie Wei (MWR)

Kenneth Abbe

Matthew Wernz

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

connection with misrepresentations about membership cancellations 

resulting in membership renewals without proper consent.

Status: Complaint filed 9/1/20.

Stipulated order for permanent injunction and monetary judgment in the 

amount of $10,000,000 entered 9/8/20. 

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.
14

Preliminary injunction entered 3/2/20.

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

Order granting joint motion to stay case pending Commission approval of 

settlement entered 7/23/20. 

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

Parties: Alcazar Networks, Inc.

Gavin Grabias

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

Ian Barlow

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

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

connection with the offering of Voice over Internet Protocol 

services to telemarketers.

Status: Complaint filed 12/3/20.

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

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.
15

Status: Complaint filed 11/4/19.

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

immediate access entered 11/4/19.

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

preliminary injunction entered 11/26/19.

Preliminary injunction order entered 12/17/19.

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

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

Stipulated order for permanent injunction and monetary relief against 

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

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

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

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

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

Education & Employment Law

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

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

Employment Law

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

Edward M. Satell

Richard Diorio, Jr.

Cynthia Powell

Commonwealth of Pennsylvania (co-plaintiff)

Assigned Attorneys: Amy Hocevar (ECR)

Christian Capece

Derek Diaz

Jonathan Kessler

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.

Motion to file first amended complaint adding plaintiff Commonwealth of 

Pennsylvania filed 7/23/2020.

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

Parties: American Screening, LLC

Ron Kilgarlin, Jr.

Shawn Kilgarlin
16

Assigned Attorneys: Dillon Lappe (BCP/ENF)

Nicholas Cartier

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

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

other personal protective equipment related to the coronavirus pandemic.

Status: Complaint filed 8/4/20.

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

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

Parties: AMG Services, Inc.

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

SFS, Inc., d/b/a OneClickCash

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

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

AMG Capital Management, LLC

Level 5 Motorsports, LLC

Lead Flash Consulting, LLC

Black Creek Capital Corporation

Broadmoor Capital Partners, LLC 

Muir Law Firm, LLC

Scott A. Tucker

Blaine A. Tucker

Timothy J. Muir

Don E. Brady

Robert D. Campbell

Troy L. LittleAxe

Park 269 LLC

Kim C. Tucker

Assigned Attorneys: Nikhil Singhvi (BCP/FP) 

Iona Rusu

Jason Schall

Jack Metzler (OGC)

Joel Marcus

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

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

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

Status: Complaint filed 4/2/12. 

 Motion to dismiss by all defendants filed 5/25/12; Commission’s response 
17

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.

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.
18

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; certiorari 

granted 7/9/20.

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

reply of petitioners filed 12/30/20.

Supreme Court argument scheduled for 1/13/20.

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

Parties: Beam Financial, Inc.

Yinan Du

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

Gregory John Madden

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

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

funds for customers of a mobile banking application.
19

Status: Complaint filed 11/18/20.

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

Parties: Jason Cardiff

Eunjung Cardiff

Danielle Cadiz

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

Redwood Scientific Technologies, Inc. (Nevada Corp.)

Redwood Scientific Technologies, Inc. (Delaware Corp.)

Identify, LLC

Advanced Mens Institute Prolongz LLC d/b/a AMI

Runway Products, LLC

Carols Place Limited Partnership

Jacques Poujade (third party)

True Pharmastrip, Inc. (proposed intervenor)

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

Inter/Media Time Buying Corporation (third party)

Assigned Attorneys: Stacy Rene Procter (WRLA)

Edwin Rodriguez (BCP/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 

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

Clerk’s entry of default as to defendants Redwood Scientific 
20

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

finding defendant Jason Cardiff no longer in contempt entered 

7/30/19.

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

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

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

1/10/20.

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

Application to modify or stay order requiring turnover of funds pending 

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

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

denying application entered 12/17/19.

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

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

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

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

Motion to dissolve preliminary injunction by Eunjung Cardiff and Jason 

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

Commission’s motion for contempt against Eunjung Cardiff and Jason 

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

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

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

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

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

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

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

Commission’s motion for contempt sanctions against Jason Cardiff and 

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

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

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

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

7/24/20.

Cardiffs’ “notice of purge of contempt” filed 9/3/20; Commission’s
21

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

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

Temporary restraining order with asset freeze and other equitable relief 

and order to show cause why a preliminary injunction should not 

issue against VPL entered 6/24/20.

Preliminary injunction with asset freeze and other equitable relief against 

VPL entered 7/7/20.

Notice of appeal of preliminary injunction by VPL and Jason Cardiff filed 

8/19/20.

Motion for summary reversal of preliminary injunction by VPL and Jason 

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

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

entered 10/16/20.

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

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

Order granting summary judgment but deferring entry of final judgment 

and default judgment against corporate defendants until Supreme 

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

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

jurisdiction and affirming district court order denying permissive 

intervention issued 12/7/20.

Oral argument in VPL/Cardiff preliminary injunction appeal scheduled for 

3/2/21.

FTC v. COMPLETE MERCHANT SOLUTIONS, LLC, No. 2:20-cv-00864 (D. Utah)

Parties: Complete Merchant Solutions, LLC

Jack Wilson

Assigned Attorneys: Christine Todaro (BCP/MP)

Laura Basford 

Benjamin Davidson

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

connection with payment processing.

Status: Complaint filed 12/9/20.

Stipulated order for permanent injunction and monetary judgment entered 

12/29/20. 

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
22

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 

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.
23

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 1/22/21.

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

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

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

Aniello “Neil” Infante

State of Nevada (co-plaintiff)

Assigned Attorneys: Megan Cox (BCP/DPIP)
24

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.

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

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

Oral argument scheduled for 3/9/21. 

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

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

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

creditupdates.com, and freecreditnation.com

Michael Brown

Danny Pierce

Andrew Lloyd

Assigned Attorneys: Guy Ward (MWR)

Douglas McKenney

Michael Bergman (OGC)

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

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

Reporting Act in connection with the marketing of credit monitoring

services. 

Status: Complaint filed 1/10/17.

Ex parte TRO entered 1/11/17.

Stipulated preliminary injunction as to defendants Danny Pierce and 
25

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.

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

Oral argument heard 4/17/19.

Order vacating the restitution award and affirming the judgment in other 

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

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

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

brief filed 4/28/20.

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

consolidation voided and certiorari vacated 11/9/20. 

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

Parties: Critical Resolution Mediation, LLC

Parliament Services, LLC

Brian Charles McKenzie

Assigned Attorneys: Hans Christian Clausen (SER)

Robin L. Rock

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

5(a) of the FTC Act and the Fair Debt Collection Practices Act.
26

Status: Complaint filed 9/22/20.

TRO entered 9/30/20. 

Preliminary injunction entered 11/10/20.

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

Parties: Digital Income System, Inc.

Derek J. Foley

William Foley

Christopher B. Frye

Jennifer Hedrick

Kaitlyn Scott

Assigned Attorneys: Harold Kirtz (SER)

Lara Tumeh

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

the Business Opportunity Rule in connection with the marketing and sale 

of a purported money-making opportunity.

Status: Complaint filed 11/16/20.

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

Stipulated preliminary injunction as to defendants Digital Income System, 

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

Hedrick entered 12/18/20. 

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

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

12/23/20. 

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

Parties: Disruption Theory LLC

Emergent Technologies LLC 

Marc Grisham, a/k/a Mark Grisham

Courtney Grisham, a/k/a Courtney Brooks

Assigned Attorneys: N. Diana Chang (WRSF)

Sarah Schroeder

Emily Burton

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

connection with the marketing and sale of nonexistent “unlimited 

minutes” inmate calling plans. 

Status: Complaint filed 10/5/20.
27

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

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

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

Property Owners’ Association

Atlantic International Bank, Ltd.

Angela Chittenden

Beach Bunny Holdings, LLC
28

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.

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.
29

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 

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

issued 2/24/20.
30

Stipulated final orders for permanent injunction and monetary judgment 

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

Foundation Partners entered 1/4/20.

Stipulated final order against relief defendants Angela Chittenden and 

Beach Bunny Holdings LLC entered 1/10/20.

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

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

against FTC entered 4/22/20.

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

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

7/10/20.

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.

Stipulated orders for permanent injunctions and monetary judgment as to 

defendants Mohammad Souheil, 9896988 Canada, Inc., Prolink 

Vision, S.R.L., Globex Telecom, Inc., 9506276 Canada, Inc.;

Wissam Jalil and Tripletel, Inc.; Sam Madi and Educare Centre 

Services, Inc.; and Charles Kharouf entered 9/22/20.

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
32

Assigned Attorneys: James Evans (BCP/MP)

Jody Goodman

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

the FTC’s Telemarketing Sales Rule in connection with telemarketing 

scheme that told consumers they could earn thousands of dollars by 

lending money to small businesses.

Status: Complaint filed 7/28/17.

First amended complaint filed 3/9/18.

Stipulated order for permanent injunction and monetary judgment against 

defendants KMA Merchant Services LLC and Michael 

Abdelmesseh entered 6/13/18.

Stipulated order for permanent injunction and monetary judgment against 

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

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

Systems, LLC, and Electronic Payment Transfer, LLC filed 

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

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

Stipulated order for permanent injunction and monetary judgment against 

Michael Peterson entered 8/28/19.

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

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

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

denied 8/28/19.

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

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

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

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

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

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

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

Motion for summary judgment by Electronic Payment Systems, LLC and 

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

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

Motion for summary judgment by John Dorsey and Thomas McCann filed 

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

filed 11/10/20.

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

oppositions filed 11/25/20.
33

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

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

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

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

Cosmopolitan Funding Inc.

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

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

Mazen Radwan

Rima Radwan

Labiba Velazquez

Dean Robbins

Imad Abyad (OGC)

Assigned Attorneys: Michelle Grajales (BCP/FP)

Samuel Jacobson

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

the Telemarketing Sales Rule in connection with marketing and sale of 

student loan debt relief services.

Status: Complaint filed 7/8/19.

Stipulated preliminary injunction entered 7/17/19.

Amended Complaint filed 8/27/19.

Cross-motions for summary judgment by FTC and defendants filed 

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

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

4/6/20.

Order staying trial pending resolution of summary judgment motions 

entered 5/29/20.

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

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

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

12/8/20.

Appellants’ opening briefs filed 12/21/20.

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

Parties: F9 Advertising LLC

Gopalkrishna Pai

Ace Initiative Group, LLC

Connected AD Station LLC

Fastlane Sales, LLC

Hyper Marketing Solutions LLC

Media Redefined LLC

Primed Marketing LLC
34

Responsive Media LLC

Assigned Attorneys: Michael Schaefer (BCP/ENF)

Gregory J. Madden

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

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

marketing.

Status: Complaint filed 2/21/19.

Order granting Commission’s motion for entry of default against 

defendants Ace Initiative Group, LLC, Connected AD Station 

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

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

Media, LLC entered 3/25/19.

Order staying case pending the resolution of the ongoing criminal 

proceedings entered 5/16/19.

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

Parties: Facebook, Inc.

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

David Owyang (BC/TED)

Eric Cochran

Gary London, Jr.

Henry Hauser

Krisha Cerilli

Maria DiMoscato

Mark Silvia

Mary Casale

Michael Mikawa

Michael Smith

Noel Miller

Owen Masters

Patricia Galvan

Rebecca Weinstein

Robert Zuver, Jr. 

Sylvia Zhang

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

connection with the illegal maintenance of a personal social networking 

monopoly through a years-long course of anticompetitive conduct 

including the acquisition of rivals and imposition of anticompetitive 

conditions on third-party software developers’ access to valuable 

interconnections to its platform. 
35

Status: Complaint filed 12/9/20.

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

United Choice 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: Michael A. Boutros (SER)

Robin Rock

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 card interest 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.

Stipulated order for permanent injunction and monetary judgment as to all 

defendants entered 7/27/20.

Judgment in favor of plaintiff and against defendants entered 7/28/20.

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

Thomas Kane

Greg Madden
36

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

Parties: F&G International Group Holdings, LLC.

FG International, LLC. 

J. Glenn Davis

Assigned Attorneys: Anna Burns (SER)

Brian Martin Welke (BCP/ENF)

Philip Brown

Alejandro Rosenberg

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

connection with false or unsubstantiated R-value claims about their 

architectural coating products.

Status: Complaint filed 7/28/20.

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

Parties: GDP Network, LLC

G & G Success, LLC

G & N Squared, LLC

Gino De Paz

Grace De Paz

Shabana Khublal

State of Florida (Plaintiff) 

Assigned Attorneys: Audrey Austin (MWR) 

Samantha Colleen Gordon

William Joseph Hodor

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

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

alleged sham credit card interest rate reduction operation.

Status: Complaint filed 7/6/20.

TRO entered 7/10/20. 

Preliminary injunction with asset freeze entered 8/14/20. 
37

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

and GDP Network LLC entered 10/1/20.

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

Parties: Golden Sunrise Nutraceutical, Inc.

Golden Sunrise Pharmaceutical, Inc.

Huu Tieu

Stephen Meis

Assigned Attorneys: Zach Keller (SWR)

Reid Tepfer 

Edward Hynes

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

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

Status: Complaint filed 07/30/20.

TRO entered 08/05/20.

Stipulated preliminary injunctions entered 08/27/20.

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; order denying motions entered 8/12/20.

Telephonic hearing held 4/8/20.

Defendants’ motion to stay Commission administrative proceedings filed 
38

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

reply filed 12/23/20.

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

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 
39

consent motion entered 11/21/17.

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

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

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

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

entered 4/16/18.

Motion to dismiss by defendant by Patricia Brandmeier Robinson filed 

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

entered 4/16/18.

Motion to dismiss complaint for lack of subject matter jurisdiction by 

defendants Chet Andrews, Kris Axberg, Dale Paul Cleveland, 

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

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

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

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

denying motion, but ordering supplemental briefing on part of the 

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

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

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

7/30/18.

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

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

Amended complaint filed 11/5/18.

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

Financial Services, Inc, Chet Andrews, Patricia Brandmeier 

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

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

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

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

Order granting Defendants’ request for leave to file an interlocutory 

appeal entered 7/24/19.

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

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

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

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

denying motion to stay entered 9/10/20. 

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 
40

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 Douglas 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.

Order granting default judgment against iBackPack of Texas entered 

10/6/20.

Stipulated order for permanent injunction and monetary judgment against 

Douglas Monahan entered 10/6/20.

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

Parties: Innovative Designs, Inc.

Assigned Attorneys: Alejandro Rosenberg (BCP/ENF)

Omolara Bewaji Joseney

Imad Abyad (OGC)

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

connection with the advertising of Insultex House Wrap. 

Status: Complaint filed 11/3/16.

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

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

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

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

Order granting defendant’s motion for judgment on partial findings 

entered 9/24/20.

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

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

Parties: Lead Express Inc.

Camel Coins, Inc.

Sea Mirror Inc.
41

Naito Corp.

Kotobuki Marketing, Inc.

Ebisu Marketing, Inc.

Hotei Marketing, Inc.

Daikoku Marketing, Inc.

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

Breeze Online, and Green Stream Lending

Takehisa Naito

Keishi Ikeda

Assigned Attorneys: Gregory Ashe (BCP/FP)

Helen Clark 

Rufus Jenkins (BCP/DLTA)

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

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

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

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

Status: Complaint filed 5/11/20.

Stipulated preliminary injunctions entered 6/19/20.

Joint motion to stay case to consider settlement with defendants Lead 

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

Marketing, Ebisu Marketing, Hotei Marketing, Daikoku 

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

granting stay entered 10/20/20.

Commission’ motion for default judgment against Defendant La Posta 

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

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

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

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

Assigned Attorneys: Katharine Roller (BCP/FP)

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.
42

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

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

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

First amended complaint filed 10/22/18.

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

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

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

for summary judgment entered 6/1/20.

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

FTC entered 8/21/20.

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

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

Parties: Life Management Services of Orange County, Inc.

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

Services

IVD Recovery LLC

KWP Services LLC

KWP Services of Florida LLC

LPSOFFLA LLC

LPSOFFLORIDA LLC

PW&F Consultants of Florida LLC

UAD Secure Services LLC

UAD Secure Service of Florida LLC

URB Management LLC

YCC Solutions LLC

YFP Solutions LLC

Kevin Guice

Chase Jackowski

Linda McNealy

Clarence Wahl a/k/a Harry Wahl

Karen Wahl

Robert Guice (Relief Defendant)

Timothy Woods (Relief Defendant)

State of Florida (Plaintiff)

Assigned Attorneys: Tejasvi Srimushnam (BCP/MP)

Joshua Doan

Michael Bergman (OGC)

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

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

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

Status: Complaint filed 6/7/16.
43

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 

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.

Kevin Guice’s opening brief due 2/8/21

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

Parties: Awards Research Consultant, LLC

John Leon

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

Marketing

Mail Tree Inc.

Mailpro Americas Corp.

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

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

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

Information Exchange

Michael McKay Co.

Matthew Pisoni

Serena Pisoni

Marcus Pradel

Victor Ramirez
44

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. MIDWEST RECOVERY SYSTEMS, LLC, No. 4:20-cv-1674 (E.D. Mo.)

Parties: Midwest Recovery Systems, LLC

Brandon Tumber

Kenny Conway

Joseph Smith

Assigned Attorneys: Daniel Dwyer (BCP/FP)

Christopher Leach

Katherine White

Alleged Conduct: Deceptive acts or practices in violation of Sections 5(a) and 19 of the FTC 

Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting 

Act in connection with debt collection practices that allegedly placed 

bogus or highly questionable debts onto consumers’ credit reports to 

coerce them to pay the debts.

Status: Complaint filed 11/25/20.

Stipulated order for permanent injunction and monetary judgment entered

12/23/20.
45

FTC v. MOBE LTD., Nos. 18-13715, 18-13716, 20-10191 (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. 

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. 
46

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 12/19/19.

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.

Special receiver’s motion to approve settlement with Synovus Bank and 

terminate special receivership filed on 9/17/20; order granting 

motion entered 11/12/20.

Synovus motion to voluntarily dismiss appeal (No. 20-10191) filed 
47

12/9/20; appeal dismissed 12/10/20.

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

Parties: Moda Latina BZ, Inc.

Esther Virginia Fernandez Aguirre

Marco Cesar Zarate Quiroz

Assigned Attorneys: Roberto Anguizola (BCP/MP)

P. Connell McNulty 

Virginia G. Rosa

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

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

fraudulent work-at-home opportunities to consumers.

Status: Complaint filed 11/30/20.

Stipulated TRO with asset freeze as to individual defendants entered

12/23/20.

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

Parties: National Landmark Logistics, LLC

National Landmark Service of United Recovery, LLC

Liberty Solutions & Associates, LLC

LSA Processing System, LLC

Silverlake Landmark Recovery Group, LLC

Jean Cellent aka Jean-Pierre Cellent

James Dennison

Eric Dennison

Associated Attorneys: Gregory Ashe (BCP)

Marguerite Moeller

Johanna Valenzuela 

Michael Goldstein

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

the Fair Debt Collection Practices Act in connection with debt collection 

operation.

Status: Complaint filed 7/13/20.

TRO entered 7/17/20.

Stipulated preliminary injunction as to defendants Liberty Solutions & 

Associates, LSA Processing System, James Dennison, and Eric 

Dennison entered 8/25/20.
48

Stipulated preliminary injunction as to defendants National Landmark 

Logistics, National Landmark Service of United Recovery, 

Silverlake Landmark Recovery Group, and Jean Cellent entered 

10/8/20.

Joint motion to stay case to consider settlement with defendants Liberty 

Solutions & Associates, LSA Processing System, James Dennison, 

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

11/19/20.

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

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

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

National Institute for Clinical Weight Loss, Inc.

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.
49

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

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

Order finding defendants liable for contempt and ordering further 

proceedings on remedy entered 8/8/13.

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

Order holding defendants liable for contempt and directing compensatory 

sanctions to redress consumers entered 5/14/14.

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

Order by district court imposing coercive contempt sanction and directing 

that defendants Jared Wheat and Stephen Smith be incarcerated 

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

Petition for mandamus by defendants Wheat and Smith seeking to 

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

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.
50

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

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

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

filed 7/30/18.

Oral argument held 7/26/19.

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

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

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

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

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

Parties: National Web Design, LLC

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

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

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

Randon J. Morris a/k/a Randy Morris

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

D. Allen Dreschel

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

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

marketing of fraudulent work-from-home business opportunity programs 

through illegal robocalls.

Status: Complaint filed 11/30/20.

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

and immediate access entered 12/1/20.

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.
51

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 7/2/02.

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

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

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

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

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

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

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

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

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

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

Noland) entered 7/6/20.

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
52

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

Thomas G. Sacca

Associated Attorneys: Evan Michael Mendelson (BCP/ENF)

Jonathan Wesley Ware

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

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

pyramid scheme.

Status: Complaint filed 1/8/20.

TRO with asset freeze entered 1/8/20.

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

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

Preliminary injunction hearing held 2/12/20.

Preliminary injunction entered 2/27/20.

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

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

order denying motion entered 9/21/20.

Defendants’ motion to dissolve or modify the preliminary injunction filed 

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

order denying motion entered 10/27/20. 

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

Credit Bureau Center and AMG Capital Mgmt filed 10/21/20; 

Commission’s opposition filed 11/4/20; reply filed 11/12/20; order 

denying stay entered 12/3/20. 

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
53

Erryl Sloan (Intervenor) 

American Estate and Trust DBO Erryl Sloan IRA (Intervenor)

Rosemary Sloan (Intervenor)

American Estate and Trust FBO Rosemary Sloan IRA (Intervenor) 

E&R Enterprise (Intervenor)

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.

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

Credit Bureau Center and AMG Capital Mgmt filed 7/20/20; 

Commission’s opposition filed 8/3/20; reply filed 8/17/20.

Commission’s motion for partial summary judgment filed 12/21/20. 

Third party complaint in intervention for declaratory relief against all 

defendants by American Estate and Trust DBO Erryl Sloan IRA, 

Erryl Sloan, E&R Enterprise, Rosemary Sloan, American Estate 

and Trust FBO Rosemary Sloan IRA filed 12/23/20.

FTC v. NUTRACLICK, LLC, No. 2:20cv8612 (C.D. Cal.)

Parties: Nutraclick, LLC

Daniel Wallace

Patrick Carroll

Associated Attorneys: Brian Welke (BCP/ENF)

Delilah Vinzon
54

Alleged Conduct: Deceptive acts or practices in violation of Sections 5(a), 16, and 19 of the 

FTC Act in connection with the deceptive marketing of supplements and 

beauty products. 

Status: Complaint filed 9/21/20.

Stipulated final order for permanent injunction and other equitable relief 

entered 9/30/20.

FTC v. OMICS GROUP, INC., No. 19-15738 (9thCir.), 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.

Ninth Circuit decision affirming district court’s entry of summary 

judgment entered 9/11/20.
55

FTC v. UNKNOWN PARTIES DECEIVING CONSUMERS, No. 5:20-cv-2494 (N.D. Ohio)

Parties: One or more unknown parties deceiving consumers into making purchases 

through www.cleanyos.com | www.arlysol.com | www.broclea.com | 

www.cadclea.com | www.cleancate.com | www.cleankler.com | 

www.cleanula.com | www.clean-sale.com | www.clean-sell.com | 

www.clorox-sale.com | www.clorox-sales.com | www.cloroxstore.com | 

www.crlysol.com | www.elysol.com | www.littletoke.com | 

www.lybclean.com | www.lysoiclean.com | www.lysol-clean.com | 

www.lysol-cleaners.com | www.lysol-free.com | www.lysolsales.com | 

www.lysolservicebest.com | www.lysol-sell.com | www.lysol-wipe.com | 

www.thaclean.com

Assigned Attorneys: Harris Senturia (ECR)

Adrienne Watson

Fil de Banate

Harris Senturia

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) and 45(a) of the 

FTC Act in connection with counterfeit websites purporting to sell Clorox 

and Lysol cleaning and disinfecting products.

Status: Complaint filed 11/4/2020.

TRO entered 11/05/2020.

Preliminary injunction entered 11/19/20.

FTC v. 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

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 
56

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.

Stipulated order for permanent injunction and monetary judgment entered 

9/11/20.

Voluntary dismissal of defendants’ appeal from the preliminary injunction 

entered 9/22/20.

FTC v. OUTREACH CALLING, INC., No. 1:20-cv-7505 (S.D.N.Y.)

Parties: Outreach Calling, Inc. d/b/a Market Process Group

Production Consulting Corp. d/b/a Outreaching Calling, Inc. d/b/a 7 

Production Consulting

Outsource 3000, Inc. d/b/a Outreach Calling, Inc.

Mark Gelvan

Damian Muziani

William English 

Thomas Berkenbush

State of New York (Plaintiff)

Commonwealth of Virginia (Plaintiff)

State of Minnesota (Plaintiff)

Gurbir Grewal (Plaintiff)

Paul Rodriguez (Plaintiff)

Assigned Attorneys: Patricia Hsue (BCP/DMP)

Thomas 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 fundraising on behalf of 

sham charities.

Status: Complaint filed 9/14/20.

Stipulated orders for permanent injunction and monetary judgement as to 

each defendant entered 10/26/20.

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
57

Assigned Attorneys: Tom Widor (BCP/FP)

Sanya Shahrasbi

Dan Dwyer

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.

Stipulated final order for permanent injunction entered 9/25/20.

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.

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.
58

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; 

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.
59

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.

Ninth Circuit opinion reversing the district court’s judgment entered 

8/11/20.

Commission’s petition for rehearing filed 9/25/20; petition denied 

10/28/20.

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.

Renewed motion for entry of stipulated final order for permanent 

injunction and monetary judgment filed 7/1/20.

Order approving final order entered 7/16/20.

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.
60

Quincy Bioscience, LLC

Prevagen, Inc. d/b/a Sugar River Supplements

Quincy Bioscience Manufacturing, LLC

Mark Underwood

State of New York (Plaintiff)

Assigned Attorneys: Michelle Rusk (BCP/AP)

Annette Soberats

Edward Glennon

Bradley D. Grossman (OGC)

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

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

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

memory improvement supplement, Prevagen.

Status: Complaint filed 1/9/17.

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

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

entered 9/29/17.

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

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

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

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

Oral argument held 2/8/19.

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

for further proceedings entered 2/21/19.

Corporate defendants’ supplemental brief on motions to dismiss filed 

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

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

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

individual defendants’ motions filed 7/2/19.

Order denying motion to dismiss with respect to the validity of the FTC’s 

quorum and as to claims against individual defendant Mark 

Underwood but granting motion to dismiss as to the claims against 

individual defendant Michael Beaman entered 7/24/19.

Order granting in part and denying in part Plaintiffs’ motion to strike eight 

affirmative defenses entered 3/2/20.

FTC v. QYK Brands, LLC, No. 8:20-cv-1431 (C.D. Cal.)

Parties: QYK Brands, LLC d/b/a glowwy

DRJSNATURAL, LLC

Rakesh Tammabattula

Jacqueline Nguyen
61

Associated Attorneys: Katherine Johnson (BCP/ENF)

Kristy Tillman

Delilah Vinzon (WR-LA)

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

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

other personal protective equipment related to the coronavirus pandemic. 

Status: Complaint filed 8/4/20.

Stipulated TRO entered 8/9/20. 

Stipulated preliminary injunction entered 8/26/20. 

FTC v. RAGINGBULL.COM, LLC, No. 1:20-cv-3538 (D. Md.)

Parties: Ragingbull.com, LLC f/k/a Lighthouse Media, LLC

Jeffrey M. Bishop

Kyle W. Dennis

Jason Bond

MFA Holdings Corp.

Jason Bond, LLC

Winston Corp.

Winston Research, Inc.

Sherwood Ventures, LLC

Assigned Attorneys: Colleen Robbins (BCP/MP)

Gordon Sommers

Laura Basford 

Sung Kim

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

the Restore Online Shoppers’ Confidence Act in connection with the 

marketing and sale of online services related to stock and options trading.

Status: Complaint filed 12/7/20. 

TRO entered 12/8/20.

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
62

Assigned Attorneys: Ioana Gorecki (BCP/FP)

Marguerite Moeller

Gregory Ashe

Elizabeth Kwok

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.

Ram Capital Funding, LLC and Tzvi Reich’s motion to dismiss filed 

8/10/20; motion denied 8/13/20.

Robert L. Giardina’s motion to dismiss filed 8/21/20; motion denied 

10/30/20. 

FTC v. ROCA LABS, INC., Nos. 6:20-cv-2117, 8:15-cv-2231 (M.D. Fla.)

Parties: Roca Labs, Inc.

Roca Labs Nutraceutical USA, Inc.

Don Juravin 

George C. Whiting

Assigned Attorneys: Carl H. Settlemyer (BCP/AP)

Paul Bryan Spelman

Mariel Goetz (OGC)

Alleged Conduct: Violations of Sections 5(a) and 12 of the FTC Act in connection with the 

deceptive marketing of weight loss products. 

Status: Complaint filed 9/24/15.

Permanent injunction and monetary judgment against all defendants 

entered 11/6/18.

Notice of appeal by defendant Don Juravin from bankruptcy court’s ruling 

that the judgment debt he owes to the Commission is not 

dischargeable filed 11/10/20.

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 

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
63

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.

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

Second amended complaint filed 6/23/20.

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

Credit Bureau Center and AMG Capital Mgmt filed 7/10/20; 
64

Commission’s opposition filed 7/17/20; order denying stay entered 

8/3/20.

Motion to dismiss second amended complaint by Steven Dorfman and 

Candida Girouard filed 7/15/20; Commission’s opposition filed 

7/29/20; reply filed 8/5/20, order denying motion to dismiss 

entered 10/19/20. 

FTC v. SPM THERMO-SHIELD, INC., No. 2:20-cv-542 (M.D. Fla.)

Parties: SPM Thermo-Shield, Inc. 

Peter J. Spiska

George P. Spiska

Assigned Attorneys: Joshua Millard (BCP/ENF)

Kristy Tillman

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

connection with false or unsubstantiated R-value and energy savings 

claims about their architectural coating products.

Status: Complaint filed 7/28/20.

Defendants’ motion to dismiss filed 10/5/20; Commission’s opposition 

filed 10/19/20; order denying defendants’ motion entered 11/6/20. 

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 
65

judgment as to Equitable Acceptance Corporation entered 9/12/19.

Default entered by the clerk against corporate defendants on 10/23/19.

Motion to dismiss by defendants Bradley Jason Hunt and Sean Quincy 

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

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

entered 12/18/19.

FTC’s motion to strike affirmative defenses filed 2/14/20; order striking 

Defendants’ affirmative defenses entered 4/8/20.

FTC v. SUPERGOODDEALS.COM, INC., No. 1:20-cv-3027 (E.D.N.Y.)

Parties: SuperGoodDeals.com, Inc.

Kevin J. Lipsitz

U.S. Attorney’s Office, Eastern District of New York (Intervenor) 

Assigned Attorneys: Brian Martin Welke (BCP/ENF)

Evan Mendelson

Savvas Socrates Diacosavvas

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

connection with the advertising of facemasks and other personal protective 

equipment. 

Status: Complaint filed 7/8/20.

Unopposed motion by U.S. Attorney’s Office to intervene and to stay case

during pendency of parallel criminal case filed 9/15/20; motion 

granted 9/18/20.

FTC v. SUPERIOR PRODUCTS INTERNATIONAL II, INC., No. 2:20-cv-2366 (D. Kans.)

Parties: Superior Products International II, Inc. 

Joseph E. Pitchett

Assigned Attorneys: Adrienne Lighten (BCP/ENF)

Jonathan Ware

Jon Fleenor

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

connection with false or unsubstantiated R-value and energy savings 

claims about their architectural coating products.

Status: Complaint filed 7/28/20.

Defendants’ answer filed 9/28/20. 

Commission’s motion to strike affirmative defense filed 10/19/20; 

defendants’ response filed 11/2/20; Commission’s reply filed 
66

11/16/20; order granting commission’s motion to strike 

defendants’ affirmative defense entered 12/18/20. 

FTC v. SUPERTHERM, INC., No. 3:20-cv-8190 (D. Ariz.)

Parties: SuperTherm, Inc.

Roberto Guerra

Susana Guerra

Assigned Attorneys: Jonathan Wesley Ware (BCP/ENF)

Michelle Schaefer

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

connection with false or unsubstantiated R-value claims about their 

architectural coating products. 

Status: Complaint filed 7/28/20.

Clerk’s entry of default as to all defendants entered 9/11/20.

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.

Motion to amend order denying Surescripts’ motion to dismiss to certify 

two aspects of the order for interlocutory appeal filed 3/6/20; 

Commission’s opposition filed 3/27/20; reply filed 4/10/20; motion 

denied 5/21/20.
67

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.

Commission’s motion for summary judgment as to individual defendant 

Richard Berry and relief defendant Linda Tate filled 3/24/20; 

defendants’ opposition filed 5/22/20; Commission’s reply filed

6/11/20.

Stipulated order for permanent injunction and monetary judgment as to 

four corporate defendants entered 8/18/20.

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 and 

violations of TILA and Regulation Z.

Status: Complaint filed 6/16/20.

TRO denied 6/26/20.

Notice of voluntary dismissal filed 8/7/20; case dismissed 8/10/20.
68

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)

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’s opposition to 

defendants’ motions to dismiss filed 7/6/20; defendants’ replies

filed 7/27/20; order denying the motions to dismiss entered 

8/18/20.

FTC v. YELLOWSTONE CAPITAL, LLC, No. 1:20-cv-6023 (S.D.N.Y.)

Parties: Yellowstone Capital, LLC

Fundry, LLC

Yitzhak Stern aka Isaac Stern

Jeffrey Reece

Assigned Attorneys: Evan Zullow (BCP/FP)

Ioana Gorecki

Christopher Leach
69

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

Act in connection with the advertising, offering, and repayment of small 

business financing.

Status: Complaint filed 8/3/20.

Defendants’ motion to dismiss filed 10/2/20; Commission’s opposition to 

motion filed 10/16/20; motion denied 10/30/20. 

FTC v. ZAAPPAAZ, LLC, No. 4:20-cv-2717 (S.D. Tex.)

Parties: Zaappaaz, LLC

Azim Makanojiya

Assigned Attorneys: Anne Collesano (BCP/ENF)

Michelle Schaefer

James Elliott (SER)

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

connection with the failure to deliver on promises to quickly ship products 

like face masks, sanitizer, and other personal protective equipment related 

to the coronavirus pandemic.

Status: Complaint filed 8/4/20.

Stipulated preliminary injunction entered 8/8/20. 

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

Mass.)

Parties: Zycal Bioceuticals Healthcare Company, Inc.

James J. Scaffidi

Excellent Marketing Results, Inc.

Michael McGahee

Assigned Attorneys: Mary L. Johnson (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 marketing of purported joint pain relief 

products.

Status: Complaint filed 2/10/20.

Stipulated order for permanent injunction and monetary judgment against 

Excellent Marketing Results and Michael McGahee entered 

2/19/20.

FTC’s motion to strike Zycal defendants’ affirmative defenses and 
70

crossclaim filed 4/30/20; EMR defendants’ motion to dismiss 

crossclaim for failure to state a claim filed 5/22/20; Zycal 

defendants’ consolidated opposition filed 6/12/20; Commission’s 

reply filed 6/25/20; EMR defendants’ reply filed 6/26/20; Zycal 

defendants’ surreply filed 7/2/20; hearing on motions held 

11/23/20.

CIVIL PENALTY AND ENFORCEMENT CASES*

(A)Consumer Protection

UNITED STATES v. APPFOLIO, INC., No. 1:20-cv-3563 (D.D.C.)

Parties: Appfolio, Inc.

Assigned Attorneys: Zachary Dietert (DOJ/CPB)

Alleged Conduct: Violations of the Fair Credit Reporting Act in connection with failures to 

follow reasonable procedures in preparing background screening reports 

that were sold to thousands of property-management companies. 

Status: Complaint filed 12/8/20.

Stipulated order for permanent injunction and civil penalty judgment 

entered 12/8/20.

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.

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

may also be sought.
71

Status: Complaint filed 3/22/19.

Status hearing held 6/10/19.

Order striking two of defendants’ affirmative defenses entered 2/28/20.

UNITED STATES v. DISH NETWORK LLC, Nos. 17-3111, 13-2282 (7th Cir.); 3:09-cv-3073 

(C.D. Ill.)

Parties: Dish Network L.L.C.

Assigned Attorneys: Russell Deitch (BCP/MP) 

Patrick Runkle (DOJ/CPB)

Lisa Hsiao

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

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

Not Call Registry.

Status: Complaint filed 3/25/09.

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

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

 sur-reply filed 9/11/09.

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

Defendant’s motion for reconsideration or interlocutory appeal filed 

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

 entered 2/4/10.

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

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

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

motion to compel entered 12/9/10.

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

Defendants’ motion to stay action under doctrine of primary jurisdiction 

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

Order directing the parties to file an administrative complaint with 

the FCC, to obtain its interpretation of statutory language 

entered 2/4/11.

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. 
72

Order directing parties to file memoranda addressing issue of deference 

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

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

 memoranda filed 8/22/14.

Order granting partial summary judgment for United States and partial 

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

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

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

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

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

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

Stipulated order for permanent injunction and civil penalty judgment 

entered 6/5/17.

Defendant’s notice of appeal filed 10/6/17.

Appellant-defendant’s brief filed 2/22/18; United States’ brief filed 

6/22/18; reply brief filed 8/10/18.

Oral argument held 9/17/18.

Seventh Circuit opinion affirming judgment of the district court, except 

for its holding that Dish is liable for “substantially assisting” Star 

Satellite and its measure of damages, vacating as to those matters, 

and remanding for further proceedings, entered 3/26/20.

Petition for rehearing and rehearing en banc by Dish Network filed 

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

Stipulated order for monetary judgment entered 12/4/20.

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 

offering “free” cruise vacations that initiated illegal robocalls, calls to 

numbers on the Do-Not-Call registry, and calls with spoofed caller IDs.
73

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.

FTC v. MATCH GROUP, INC., No. 3:19-cv-02281 (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.

Order staying case pending Supreme Court decision in FTC v. Credit 

Bureau Center entered 10/9/20.

UNITED STATES v. MYLIFE.COM, INC., No. 2:20-cv-6692 (C.D. Cal.)

Parties: MyLife.com, Inc.

Jeffrey Tinsley

Assigned Attorneys: Lisa Hsiao (DOJ/CPB)

Zachary Dietert

Patrick Raymond Runkle

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

Restore Online Shoppers’ Confidence Act, the Telemarketing Sales Rule, 

and the Fair Credit Reporting Act in connection with “teaser background 

reports” that often falsely claimed to include information about arrest, 

criminal, and sex offender records, as well as misleading billing and 

marketing practices. 

Status: Complaint filed 7/27/20.
74

Defendants’ motions to dismiss filed 9/29/20; motions striken 9/30/20.

Defendants’ motions to dismiss refiled 10/1/20; United States’ opposition 

filed 10/19/20; defendants’ reply filed 10/26/20; motions to 

dismiss denied 11/6/20. 

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

Parties: Zurixx, LLC

Brand Management Holdings, LLC 

CAC Investment Ventures, LLC (Puerto Rico)

Carlson Development Group, LLC (Utah)

Carlson Development Group, LLC (Puerto Rico)

CJ Seminar Holdings, LLC

Dorado Marketing and Management, LLC

JSS Investment Ventures, LLC

JSS Trust

Zurixx Financial, LLC (Utah)

Zurixx Financial, LLC (Puerto Rico)

Cristopher A. Cannon

James M. Carlson

Jeffrey D. Spangler

Gerald D. Spangler

Utah Division of Consumer Protection (co-plaintiff)

Assigned Attorneys: Collot Guerard (BCP/DMP)

Joshua Doan

Amanda Grier

Thomas Harris

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

Consumer Review Fairness Act, the Telemarketing Sales Rule, as well as 

the Utah Consumer Sales Practices Act and the Utah Business Opportunity 

Disclosure Act in connection with the marketing and sale of real estate 

investment products and services.

Status: Complaint filed 9/30/19.

TRO entered 10/1/19.

Preliminary injunction entered 11/1/19.

Defendants’ motion for partial dismissal filed 11/19/19; Commission’s 

opposition file 12/17/19; defendants’ reply filed 12/31/19.

Order denying defendants’ motion to dismiss entered 2/26/20.

Defendants’ motion for interlocutory appeal and partial dismissal filed 

3/11/20; Commission’s opposition filed 3/25/20; defendants’ reply 

filed 4/8/20.

Order denying defendants’ motion for interlocutory appeal and partial 

dismissal entered 4/28/20.

Amended complaint filed 5/12/20.
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Defendants’ motion to dismiss filed 8/17/20; Commission’s opposition 

filed 9/14/20; defendants’ reply filed 9/28/20.

Order denying defendants’ motion to dismiss, to stay discovery, and for 

relief from the preliminary injunction entered 11/24/20.

(B) Competition

FTC v. ALIMENTATION COUCHE-TARD, INC., No. 1:20-cv-1816 (D.D.C.)

Parties: Alimentation Couche-Tard, Inc.

Crossamerica Partners, LP

Assigned Attorneys: Kenneth A. Libby (BC/Compliance)

Jeffery Dahnke

Jennifer Lee

Maribeth Petrizzi

Alleged Conduct: Violation of a 2018 order requiring divestitures of 10 retail fuel stations in 

Minnesota and Wisconsin to Commission-approved buyers no later than 

June 15, 2018.

Status: Complaint filed 7/6/20.

Stipulated civil penalty judgment entered 7/15/20.

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS

FTC v. BANNON, No. 1:20-mc-111 (D.D.C.)

Parties: Stephen K. Bannon

Assigned Attorneys: Linda Kopp (BC/DPIP)

Brian Berggren

Michele Arington (OGC)

Nature of Action: Petition to enforce a CID.

Status: Petition filed 11/9/20.

Order to show cause entered 11/18/10.

Opposition by Bannon filed 12/9/20; Commission’s reply filed 12/18/20.

Show cause hearing held and order from the bench granting petition 

entered 12/22/20.

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

Parties: Complete Merchant Solutions, LLC

Assigned Attorneys: Christine Todaro (BCP/MP)
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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.

Stipulation of dismissal following settlement filed 12/7/20.

FTC v. KUSHLY, No. 2:20-MC-36 (D. Ariz.)

Parties: Kushly, LLC

Assigned Attorneys: Reid Tepfer (SWR)

Luis Gallegos

Nature of Action: Petition to enforce a CID.

Status: Petition filed 7/30/20.

Order to show cause entered 8/10/20.

Stipulation and proposed order filed 10/2/20.

Order entering stipulation and terminating case entered 10/5/20.

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.
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Status: Complaint filed 1/3/20.

Motion for preliminary injunction and supporting memorandum of points 

and authorities by plaintiff entered 1/9/20; Commission’s 

opposition filed 1/23/20; plaintiff’s reply filed 1/30/20.

Telephonic hearing held 4/1/20.

Order dismissing complaint without prejudice due to a lack of subject 

matter jurisdiction entered 4/8/20.

Notice of appeal filed 4/13/20.

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

6/1/20; Axon’s reply brief filed 6/15/20.

Oral argument by video held 7/17/20.

Axon emergency motion to enjoin FTC administrative trial filed 9/29/20; 

Commission’s opposition filed 10/2/20.

Ninth Circuit order staying FTC administrative trial pending appeal 

entered 10/2/20.

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 held 7/30/20.

Order granting in part and denying in part motions for judgment, directing 

Commission to file supplemental Vaughn Index, entered 10/15/20.

Commission’s supplemental Vaughn Index filed 11/16/20.

Motion by Facebook to stay FTC’s disclosure of certain documents filed 

12/3/20; opposition by Block & Leviton filed 12/16; response by 

Commission filed 12/17/20.

BOARD OF DENTAL EXAMINERS OF ALABAMA v. FTC, No. 2:20-cv-1310 (N.D. Ala.)

Parties: Board of Dental Examiners of Alabama

Assigned Attorneys: Mariel Goetz (OGC)

Nature of Action: Action seeking to stop the Commission’s investigation into the board’s 

alleged antitrust practices, claiming immunity under the state-action 
78

doctrine.

Status: Complaint filed 9/2/20.

Motion to dismiss by Commission filed 11/13/20; plaintiff’s opposition 

filed 12/4/20; Commission’s reply filed 12/21/20.

Order consolidating case with private antitrust litigation against Board and 

entering a limited stay pending a decision in Leeds v. Board of 

Dental Examiners of Alabama entered 12/4/20.

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)

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; order granting motion entered 

7/21/20.

CMS’s amended complaint filed 7/28/20.
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Joint motion to stay pending review of proposed settlement filed 8/20/20; 

order granting stay entered 8/21/20.

Stipulation of dismissal entered and case terminated 12/8/20. 

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.

FOWLER v. T-MOBILE USA, INC., FTC, ET AL., No. 2:20-cv-1516 (D. Ariz.)

Parties: JaMarlin Fowler 

Assigned Attorneys: Kwan Piensook (AUSA)

Michele Arington (OGC)

Nature of Action: Action by former Sprint customer seeking damages and injunctive relief 

for copyright infringement, negligence, fraud, theft, breach of contract, 

breach of privacy, and alleging government inaction and contributory 

infringement in response to his complaints.

Status: Complaint filed 7/30/20.
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United States’ motion to dismiss federal defendants filed 11/2/20; 

plaintiff’s opposition filed 11/16/20; United States’ reply filed 

11/24/20.

KYLE v. FTC, No. 1:20-cv-6775 (N.D. Ill.)

Parties: Robert Kyle

Jo Ann Treumann

Assigned Attorneys: Michael D. Claus (AUSA)

Michele Arington (OGC)

Nature of Action: Action seeking an order compelling the FTC to produce information 

requested in a subpoena and Touhy request. 

Status: Petition filed 11/16/20.

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.

Judgment vacated 10/2/20.

Plaintiff’s petition for rehearing filed 11/17/20; order denying petition for 

rehearing entered 12/1/20.

Plaintiff’s motion to stay issuance of mandate filed 12/3/20; order denying 

motion to stay entered 12/4/20; mandate issued 12/14/20. 
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NACSO NON-PROFIT BUSINESS LEAGUE, INC. v. CFPB & FTC, No. 0:20-cv-61010

(S.D. Fla.)

Parties: NACSO Non-Profit Business League, Inc.

Assigned Attorneys: Imad Abyad (OGC)

Nature of Action: Action seeking a declaratory judgment as to the invalidity of a provision 

of the Telemarketing Sales Rule.

Status: Amended complaint adding FTC filed 9/15/20.

Commission’s motion to dismiss filed 12/3/20.

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; order granting motion to dismiss entered 8/31/20.

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)

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.
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Defendants’ notice of voluntary dismissal filed 9/14/20.

Case terminated 9/28/20.

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.

Opening brief due 2/5/21. 

AMICUS CURIAE BRIEFS OR PARTIAL INTERVENTIONS

D. BLAINE LEEDS v. ADOLPHUS JACKSON, No. 19-11502 (11th Cir.) 

Assigned Attorneys: Mark S. Hegedus (OGC)

Nature of Action: Private action alleging antitrust violations preventing competition from 

teledentistry services, raising issue of the active supervision component of 

state-action defense asserted by the Board of Dental Examiners of 

Alabama.

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

supporting plaintiffs-appellees filed 9/11/19.

Motion to participate in oral argument by United States filed 6/5/20; 

motion granted 6/10/20.

Oral argument held 7/8/20.

SMILEDIRECTCLUB, LLC v. BATTLE, No. 19-12227 (11th Cir.) 

Assigned Attorneys: Mark S. Hegedus (OGC)
83

Nature of Action: Private action alleging antitrust violations preventing competition from 

teledentistry services, raising issue of the active supervision component of 

the state-action defense asserted by Georgia Board of Dentistry members.

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

supporting plaintiffs-appellees filed 9/26/19.

Motion to participate in oral argument by United States filed 4/10/20;

motion granted 4/29/20.

Oral argument held 5/20/20.

Opinion holding that Board members are not entitled to state-action 

defense entered 8/11/20.

Rehearing en banc ordered 12/8/20; appellant’s en banc brief due 1/4/21; 

appellee’s en banc brief due 1/25/21; reply brief due 2/4/21. 

TEWINKLE v. CAPITAL ONE, INC., No. 20-2049 (2d Cir.) 

Assigned Attorneys: Bradley Grossman (OGC)

Nature of Action: Private action alleging violations of the Equal Credit Opportunity Act and 

raising the question of who is an “applicant” subject to the protections of 

the ECOA, which prohibits discrimination in credit transactions based on 

membership in protected categories.

Status: Amicus brief for the Commission and the Consumer Financial

Protection Bureau filed 10/7/20. 

UFCW LOCAL 1500 WELFARE FUND v. ABBVIE, INC., No. 20-2402 (7th Cir.) 

Assigned Attorneys: Bradley Grossman (OGC)

Nature of Action: Private action alleging anticompetitive conduct and involving the 

interpretation and application of FTC v. Actavis, Inc.

Status: Commission’s amicus brief filed 10/13/20.