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Case 2:18-cv-00729-JAK-MRW Document 289 Filed 03/06/19 Page 1 of 18 Page ID #:6934 

IN THE UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

 vs.

DIGITAL ALTITUDE LLC, et al., 

Defendants. 

No. 2:18-CV-00729 JAK (MRWx) 

DEFAULT JUDGMENT AND 

FINAL ORDER FOR 

PERMANENT INJUNCTION AND 

MONETARY JUDGMENT

AGAINST DIGITAL ALTITUDE 

LLC, ASPIRE PROCESSING LLC, 

DISC ENTERPRISES INC., RISE 

SYSTEMS AND ENTERPRISE LLC 

(UTAH), RISE SYSTEMS AND 

ENTERPRISE LLC (NEVADA), 

SOAR INTERNATIONAL LIMITED 

LIABILITY COMPANY, DIGITAL

ALTITUDE LIMITED, ASPIRE 

PROCESSING LIMITED, AND 

ASPIRE VENTURES LTD 

JS-6 

This matter comes before the court upon the motion by Plaintiff, the Federal 

Trade Commission (“FTC” or “Commission”), for the entry of a Default Judgment 

and Permanent Injunction against Digital Altitude LLC, and application for the 

same against Aspire Processing LLC, Disc Enterprises Inc. (“Disc”), Rise Systems

and Enterprise LLC incorporated in Utah (“Rise Utah”), Rise Systems and

Enterprise LLC incorporated in Nevada (“Rise Nevada”), Soar International 

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Case 2:18-cv-00729-JAK-MRW Document 289 Filed 03/06/19 Page 2 of 18 Page ID #:6935 

Limited Liability Company (“Soar”), Digital Altitude Limited, Aspire Processing 

Limited, and Aspire Ventures Ltd (collectively “Defaulting Defendants”). 

On January 29, 2018, the FTC filed its Complaint for a Permanent 

Injunction And Other Relief pursuant to Section 13(b) of the Federal Trade 

Commission Act (“FTC Act”), 15 U.S.C. § 53(b) (Dkt. 1). Pursuant to Fed. R. Civ. 

P. 65(b), the FTC also filed an ex parte application for a temporary restraining 

order, asset freeze, other equitable relief, and an order to show cause why a 

preliminary injunction should not issue against Digital Altitude LLC, Digital 

Altitude Limited, Aspire Processing LLC, Aspire Processing Limited, Aspire

Ventures Ltd, Disc Enterprises Inc., RISE Systems & Enterprise LLC (Utah), RISE 

Systems & Enterprise LLC (Nevada), Soar International Limited Liability 

Company, The Upside, LLC, Thermography for Life, LLC, also d/b/a Living 

Exceptionally, Inc. (“Thermography for Life”), Michael Force, Mary Dee, Morgan 

Johnson, Alan Moore, and Sean Brown (collectively, “Defendants”). Dkt. 5. 

The Court granted the application, issuing a temporary restraining order 

(“TRO”) on February 1, 2018, including an asset freeze, appointment of a receiver,

immediate access to Defendants’ business premises, and other temporary relief. 

Dkt. 34. The TRO also ordered Defendants to appear on February 15, 2018 and 

show cause why a preliminary injunction should not issue against them. The 

parties stipulated to a continuance of the show cause hearing and the court granted 

that request, extending the TRO and continuing the hearing to March 5, 2018. Dkt. 

61. 

The FTC timely served all Defendants with the Complaint, TRO application 

(and supporting documents), and TRO. See FTC’s Proofs of Service, Dkt. 37 

(Digital Altitude LLC), 41 (Dee), 42 (Johnson), 48 (Brown), 49 (Force), 55, 72, & 

155 (Aspire Processing Limited), 55, 71, & 155 (Aspire Ventures Ltd), 45, 55, & 

155 (Digital Altitude Limited), 46 (Rise Utah), 47 (Soar), 51 (Aspire Processing 

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Case 2:18-cv-00729-JAK-MRW Document 289 Filed 03/06/19 Page 3 of 18 Page ID #:6936 

LLC), 52 (Rise Nevada), 53 (Thermography for Life), 80 & 80-1 (Disc).1

Defendants Sean Brown, Alan Moore, Morgan Johnson, and The Upside, LLC 

stipulated to the entry of Preliminary Injunctions as to them. Dkt. 74 (Moore), 76 

(Brown), 85 (Johnson), 103 (Upside). The Court issued Preliminary Injunctions 

accordingly. Dkt. 92 (Moore), 90 (Brown), 91 (Johnson), 107 (Upside). Defendants 

Michael Force, Mary Dee, Digital Altitude, LLC, and Thermography for Life 

opposed issuance of a Preliminary Injunction. The Court held a hearing on the 

matter on March 5 and 6, 2018, after which it issued a Preliminary Injunction as to 

all Defendants who had not stipulated to entry of a Preliminary Injunction. Dkt. 

108, 111. 

On March 30, 2018, the Clerk of Court entered the default of Defendants 

Aspire Processing LLC, Disc Enterprises Inc., RISE Systems & Enterprise LLC 

(Utah), RISE Systems & Enterprise LLC (Nevada), and Soar International Limited 

Liability Company. Dkt. 133.

On May 14, 2018, the FTC filed an application for entry of default as to 

Defendants Digital Altitude Limited, Aspire Processing Limited, and Aspire 

Ventures Ltd, and for default judgment against Digital Altitude Limited, Aspire 

Processing LLC, Aspire Processing Limited, Aspire Ventures Ltd, Disc Enterprises 

Inc., RISE Systems & Enterprise LLC (Utah), RISE Systems & Enterprise LLC 

(Nevada), and Soar International Limited Liability Company. Dkt. 163. The Court 

held a hearing on the application on July 2, 2018, and determined that Defendants 

Digital Altitude Limited, Aspire Processing Limited, and Aspire Ventures Ltd were 

in default. Dkt. 183. The Clerk of Court entered the default of Defendants Digital 

Altitude Limited, Aspire Processing Limited, and Aspire Ventures Ltd on July 5, 

2018. Dkt. 186. The FTC submitted additional briefing regarding the provisions of 

its proposed final order. Dkts. 183, 193. Upon consideration of the application, the 

supporting filings, and argument at the July 2, 2018 hearing, the Court found that 

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Case 2:18-cv-00729-JAK-MRW Document 289 Filed 03/06/19 Page 4 of 18 Page ID #:6937 

entry of default judgment was warranted against Defendants Digital Altitude 

Limited, Aspire Processing LLC, Aspire Processing Limited, Aspire Ventures Ltd, 

Disc Enterprises Inc., RISE Systems & Enterprise LLC (Utah), RISE Systems & 

Enterprise LLC (Nevada), and Soar International Limited Liability Company. Dkts. 

183, 201.

On July 26, 2018, the Court granted a motion for the withdrawal of counsel 

for Digital Altitude LLC, and ordered that it “shall obtain new counsel and have 

such counsel enter an appearance in this action on or before August 13, 2018,” 

warning that “[a] failure to do so may result in the striking of [Digital Altitude 

LLC’s] . . . answer[] (Dkts. 114, 116) and the entry of [its] . . . default[].” Dkt. 201 

at 12. No counsel has since entered an appearance for Digital Altitude LLC. By 

order of the Court, on August 14, 2018, the Clerk of Court struck the Answer of 

Digital Altitude LLC and entered its default. Dkts. 210 & 211. Since that time, 

Defendant Digital Altitude LLC has made no filings with the Court and has 

otherwise given no indication it intends to continue to litigate this matter. Also 

since that time, Michael Force, CEO and owner of Digital Altitude, LLC, has 

reached a settlement with the FTC in his individual capacity. 

Upon Consideration of the FTC’s Motion for Entry of Default Judgment 

Against Defendant Digital Altitude LLC, the Court hereby GRANTS the FTC’s 

motion. IT IS FURTHER ORDERED as follows: 

FINDINGS 

A. This Court has jurisdiction over this matter.

B. The Complaint charges that Defaulting Defendants participated in 

deceptive acts or practices in violation of Section 5 of the FTC Act, 15 U.S.C. § 45. 

C. Defaulting Defendants’ activities as alleged in the Complaint are in or 

affecting commerce as “commerce” is defined in Section 4 of the FTC Act, 15 

U.S.C. § 44. 

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Case 2:18-cv-00729-JAK-MRW Document 289 Filed 03/06/19 Page 5 of 18 Page ID #:6938 

D. Defaulting Defendants had proper notice of this lawsuit. Dkt. 37 

(Digital Altitude LLC), 55, 72, & 155 (Aspire Processing Limited), 55, 71, & 155 

(Aspire Ventures Ltd), 45, 55, & 155 (Digital Altitude Limited), 46 (Rise Utah), 47 

(Soar), 51 (Aspire Processing LLC), 52 (Rise Nevada), 80 & 80-1 (Disc). 

E. Defaulting Defendant Digital Altitude, LLC stopped defending this 

lawsuit in or about July 2018; all other Defaulting Defendants have failed to 

answer or otherwise respond to the Complaint. 

F. On March 30, 2018, the Clerk of Court entered the default of 

Defendants Aspire Processing LLC, Disc Enterprises Inc., RISE Systems & 

Enterprise LLC (Utah), RISE Systems & Enterprise LLC (Nevada), and Soar 

International Limited Liability Company. Dkt. 133. 

G. On July 5, 2018, the Clerk of Court entered the default of Defendants 

Digital Altitude Limited, Aspire Processing Limited, and Aspire Ventures Ltd. Dkt. 

186.

H. On August 14, 2018, by order of the Court, the Clerk of Court struck 

the Answer of Digital Altitude LLC and entered its default. Dkts. 210 & 211. 

I. The FTC is now entitled to default judgment as to Defaulting 

Defendants pursuant to Rule 55(b) of the Federal Rules of Civil Procedure. 

J. The allegations in the Complaint are taken as true against Defaulting 

Defendants. Those allegations establish that Defaulting Defendants are liable for 

injunctive and equitable monetary relief for violations of Section 5 of the FTC Act, 

15 U.S.C. § 45. 

K. Based on the Receiver’s analysis, the consumer injury caused by

Defaulting Defendants totals at least fifty-four million dollars ($54,000,000). The 

Commission is therefore entitled to an award of equitable monetary relief against 

the Defaulting Defendants in this amount. 

L. Entry of this Final Judgment is in the public interest. 

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Case 2:18-cv-00729-JAK-MRW Document 289 Filed 03/06/19 Page 6 of 18 Page ID #:6939 

DEFINITIONS

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

A. “Acquirer” or “Acquiring Bank” means a business organization, 

Financial Institution, or an agent of a business organization or Financial Institution 

that has authority from an organization that operates or licenses a credit card 

system (e.g., Visa, MasterCard, American Express or Discover) to authorize 

Merchants to accept, transmit, or process payment by credit card through the credit 

card system for money, products, or anything else of value. 

B. “Business Coaching Program” means any program, plan, or product, 

including those related to work-at-home-opportunities, that is represented,

expressly or by implication, to train or teach a participant or purchaser how to 

establish a business or earn money or other consideration through a business or 

other activity.

C. “Corporate Defendants” means Digital Altitude LLC, Digital 

Altitude Limited, Aspire Processing LLC, Aspire Processing Limited, Aspire

Ventures Ltd, Disc Enterprises Inc., RISE Systems & Enterprise LLC (Utah), RISE 

Systems & Enterprise LLC (Nevada), Soar International Limited Liability 

Company, The Upside, LLC, and Thermography for Life, LLC, also d/b/a Living 

Exceptionally, Inc., and each of their subsidiaries, affiliates, successors, and 

assigns.

D. “Credit Card Laundering” means: (a) presenting or depositing into, 

or causing or allowing another to present or deposit into, the credit card system for 

payment, a Credit Card Sales Draft generated by a transaction that is not the result 

of a credit card transaction between the cardholder and the Merchant; (b) 

employing, soliciting, or otherwise causing or allowing a Merchant, or an 

employee, representative, or agent of a Merchant, to present to or deposit into the 

credit card system for payment, a Credit Card Sales Draft generated by a 

transaction that is not the result of a credit card transaction between the cardholder 

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Case 2:18-cv-00729-JAK-MRW Document 289 Filed 03/06/19 Page 7 of 18 Page ID #:6940 

and the Merchant; or (c) obtaining access to the credit card system through the use 

of a business relationship or an affiliation with a Merchant, when such access is not 

authorized by the Merchant Account agreement or the applicable credit card 

system. 

E. “Credit Card Sales Draft” means any record or evidence of a credit 

card transaction. 

F. “Defendant(s)” means all of the Individual Defendants and the 

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

G. “Financial Institution” means any institution the business of which is 

engaging in financial activities as described in section 4(k) of the Bank Holding 

Company Act of 1956 (12 U.S.C. § 1843(k)). An institution that is significantly 

engaged in financial activities is a Financial Institution. 

H. “Investment Opportunity” means anything, tangible or intangible, 

that is offered, offered for sale, sold, or traded based wholly or in part on 

representations, either express or implied, about past, present, or future income, 

profit, or appreciation. 

I. “Merchant” means (a) any Person or entity engaged in the sale or 

marketing of any goods or services, or soliciting a charitable contribution, or (b) 

any Person or entity who applies for or obtains Payment Processing services. 

J. “Merchant Account” means any account with an Acquiring Bank or 

other Financial Institution, service provider, payment processor, independent sales 

organization, or other entity that enables an individual, a business, or other 

organization to accept payments of any kind.

K. “Payment Processing” means providing a Person, directly or 

indirectly, with the means used to charge or debit accounts through the use of any 

payment method or mechanism, including, but not limited to, remotely created 

payment orders, remotely created checks, ACH debits, or debit, credit, prepaid, or 

stored value cards. Whether accomplished through the use of software or 

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Case 2:18-cv-00729-JAK-MRW Document 289 Filed 03/06/19 Page 8 of 18 Page ID #:6941 

otherwise, Payment Processing includes, among other things: (a) reviewing and 

approving Merchant applications for Payment Processing services; (b) providing 

the means to transmit sales transactions data from Merchants to Acquiring Banks 

or other Financial Institutions; (c) clearing, settling, or distributing proceeds of 

sales transactions from Acquiring Banks or Financial Institutions to Merchants; or 

(d) processing chargebacks or returned remotely created payment orders, remotely 

created checks, or ACH checks. 

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

including a corporation, limited liability company, partnership, proprietorship, 

association, cooperative, government or governmental subdivision or agency, or 

any other group or combination acting as an entity. 

M. “Receiver” means the Receiver appointed in Section IV. J of the 

Preliminary Injunction (Docket No. 111) and any deputy receivers that shall be 

named by the Receiver. 

ORDER 

I. PROHIBITIONS RELATED TO THE SALE OF BUSINESS 

COACHING PROGRAMS AND INVESTMENT OPPORTUNITIES 

IT IS ORDERED that the Defaulting Defendants are permanently restrained 

and enjoined from:

A. Creating, advertising, marketing, promoting, offering for sale, or 

selling, or assisting others in creating, advertising, marketing, promoting, offering 

for sale, or selling any Business Coaching Program or any Investment Opportunity; 

B. Holding, directly or through a third-Person, any ownership or other 

financial interest in any business entity that is creating, advertising, marketing, 

promoting, offering for sale, or selling, or that assists others in creating, 

advertising, marketing, promoting, offering for sale, or selling any Business 

Coaching Program, any Investment Opportunity, or any product to assist in the 

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Case 2:18-cv-00729-JAK-MRW Document 289 Filed 03/06/19 Page 9 of 18 Page ID #:6942 

creation or development of a Business Coaching Program or an Investment 

Opportunity. 

II. PROHIBITIONS RELATED TO MERCHANT ACCOUNTS

IT IS FURTHER ORDERED that Defaulting Defendants are permanently 

restrained and enjoined from:

A. Credit Card Laundering; 

B. Making, or assisting others in making, directly or by implication, any 

false or misleading statement in order to obtain Payment Processing services; 

C. Failing to disclose to an Acquiring Bank or other Financial Institution, 

service provider, payment processor, independent sales organization, or other entity 

that enables a Person to accept payments of any kind any material information 

related to a Merchant Account including, but not limited to, the identity of any 

owner, manager, director, or officer of the applicant for or holder of a Merchant 

Account, and any connection between an owner, manager, director, or officer of the 

applicant for or holder of a Merchant Account and any third Person who has been 

or is placed in a Merchant Account monitoring program, had a Merchant Account 

terminated by a payment processor or a Financial Institution, or has been fined or 

otherwise disciplined in connection with a Merchant Account by a payment 

processor or a Financial Institution; and 

D. Engaging in any tactics to avoid fraud and risk monitoring programs

established by any Financial Institution, Acquiring Bank, or the operators of any 

payment system, including, but not limited to, tactics such as balancing or 

distributing sales transactions among multiple Merchant Accounts or merchant 

billing descriptors; splitting a single sales transaction into multiple smaller 

transactions; or using a shell company to apply for a Merchant Account. 

III. PROHIBITION AGAINST MISREPRESENTATIONS

IT IS FURTHER ORDERED that Defaulting Defendants, their officers, 

agents, employees, and attorneys, and all other Persons in active concert or 

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participation with any of them, who receive actual notice of this Order, whether 

acting directly or indirectly, in connection with the advertising, marketing, 

promoting, or offering for sale of any good or service, are permanently restrained 

and enjoined from misrepresenting or assisting others in misrepresenting, expressly 

or by implication, any material fact, including, but not limited to: 

A. Consumers who purchase Defaulting Defendants’ goods or services

will earn or are likely to earn substantial income; 

B. Consumers who purchase Defaulting Defendants’ goods or services

will receive business coaching that will provide what the consumers need to build a 

successful online business; and 

C. Any other fact material to consumers concerning any good or service, 

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

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

characteristics. 

IV. MONETARY JUDGMENT

A. Judgment in the amount of Fifty-Four Million Dollars ($54,000,000) 

is entered in favor of the Commission against Defaulting Defendants, jointly and 

severally, as equitable monetary relief. 

B. Defaulting Defendants are ordered to pay to the Commission FiftyFour Million Dollars ($54,000,000), less any payment(s) made by or on behalf of 

any other Defendant to the Commission pursuant to a Final Order in this action as 

to such Defendant. Such payment must be made within 7 days of entry of this 

Order by electronic fund transfer in accordance with instructions previously 

provided by a representative of the Commission.

C. In partial satisfaction of the judgment against Defaulting Defendants, 

any financial or brokerage institution, escrow agent, title company, commodity

trading company, business entity, or Person, whether located within the United 

States or outside the United States, that holds, controls, or maintains frozen 

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accounts or assets of, on behalf of, or for the benefit of, any Defaulting Defendant 

shall turn over such account or asset to the FTC, or, if the FTC so designates, the 

Receiver within 10 days of receiving notice of this Order by any means, including 

but not limited to via facsimile. Specifically:

1. Allied Wallet, Inc. and Allied Wallet Ltd. are ordered, within seven 

(7) days of entry of this Order, to transfer to the Commission by electronic fund 

transfer in accordance with instructions provided by a representative of the 

Commission: all reserve funds and the contents of any other accounts held, 

controlled, or serviced by Allied Wallet, Inc. or Allied Wallet, Ltd. and associated 

with any payments processed by, or on behalf of Digital Altitude LLC, including 

the Merchant Account with the merchant identification number (“MID”) ending in 

0368 (approximately $285,000).

2. WePay, Inc. is ordered, within seven (7) days of entry of this Order, to 

transfer to the Commission by electronic fund transfer in accordance with 

instructions provided by a representative of the Commission: all reserve funds or 

any other accounts held, controlled, or serviced by and associated with any 

payments processed by, or on behalf of Digital Altitude LLC, including Merchant 

Accounts with the merchant identification numbers (“MID[s]”) ending in 0944 and 

5881 (approximately $34,000).

3. PayPal Holdings, Inc. is ordered, within seven (7) days of entry of this 

Order, to transfer to the Commission by electronic fund transfer in accordance with 

instructions provided by a representative of the Commission: all reserve funds or 

any other accounts held, controlled, or serviced by and associated with any 

payments processed by, or on behalf of Digital Altitude LLC, including the 

account with account number ending in 3737 (approximately $9,000).

D. Defaulting Defendants’ Taxpayer Identification Numbers (Employer 

Identification Numbers) may be used for collecting and reporting on any 

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

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E. All money paid to the Commission pursuant to this Order may be 

deposited into a fund administered by the Commission or its designee to be used 

for equitable relief, including consumer redress and any attendant expenses for the 

administration of any redress fund. If a representative of the Commission decides 

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

remains after redress is completed, the Commission may apply any remaining 

money for such other equitable relief (including consumer information remedies) 

as it determines to be reasonably related to Defendants’ practices alleged in the 

Complaint. Any money not used for such equitable relief is to be deposited to the 

U.S. Treasury as disgorgement. Defaulting Defendants have no right to challenge 

any actions the Commission or its representatives may take pursuant to this 

Subsection. 

F. The asset freeze is modified to permit the payments identified in this 

Section. Upon completion of those payments, the asset freeze is dissolved as to 

Defaulting Defendants. 

V. CUSTOMER INFORMATION 

IT IS FURTHER ORDERED that Defaulting Defendants, their officers, 

agents, employees, and attorneys, and all other Persons in active concert or 

participation with any of them, who receive actual notice of this Order, whether 

acting directly or indirectly, are permanently restrained and enjoined from:

A. Failing to provide sufficient customer information to enable the 

Commission to efficiently administer consumer redress. If a representative of the 

Commission requests in writing any information related to redress, Defaulting 

Defendants must provide it, in the form prescribed by the Commission, within 14 

days; and 

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

the name, address, birth date, telephone number, email address, credit card number,

bank account number, Social Security number, other identifying information, or 

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any data that enables access to a customer’s account (including a credit card, bank

account, or other financial account), that any Defendant obtained prior to entry of 

this Order in connection with any activity that pertains to the sale of moneymaking opportunities and/or purported educational or coaching products or 

services provided online; and 

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

possession, custody, or control within 30 days after receipt of written direction to 

do so from a representative of the Commission. 

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

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

law, regulation, or court order.

VI. COOPERATION 

IT IS FURTHER ORDERED that Defendant Digital Altitude LLC must 

fully cooperate with representatives of the Commission in this case and in any 

investigation related to or associated with the transactions or the occurrences that 

are the subject of the Complaint. Defendant Digital Altitude LLC must provide 

truthful and complete information, evidence, and testimony. Defendant Digital 

Altitude LLC must cause its officers, employees, representatives, or agents to 

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

Commission representative may reasonably request upon 14 days written notice, or 

other reasonable notice, at such places and times as a Commission representative 

may designate, without the service of a subpoena. 

VII. RECEIVER’S FINAL REPORT AND DISBURSEMENT 

IT IS FURTHER ORDERED that: 

A. No later than 180 days after entry of this Order, or within 30 days of 

the termination of the Receivership over Defendant Thermography for Life, LLC, 

also d/b/a Living Exceptionally, Inc., whichever is later, the Receiver shall file and

serve on the parties a report (the “Final Report”) to the Court that details the steps 

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taken to dissolve the Receivership Estate. The Final Report must include an 

accounting of the Receivership Estate’s finances and total assets and a description 

of what other actions, if any, must be taken to wind down the Receivership. Any 

party or the Receiver may request that the Court extend the deadline for filing of 

the Final Report for good cause. 

B. No later than 14 days after submission of the Final Report, the

Receiver shall file an application for payment of compensation and expenses 

associated with his performance of his duties as Receiver. 

C. The Court will review the Final Report and any objections to the 

report and, absent a valid objection, will issue an order directing that the Receiver: 

1. Pay the reasonable costs and expenses of administering the 

Receivership, including compensation of the Receiver and the actual out-of-pocket 

costs incurred by the Receiver in carrying out his duties; 

2. Pay all remaining funds to the Commission or its designated agent to 

reduce the monetary judgment in Section IV. 

D. With Court approval, the Receiver may hold back funds for a 

specified period as a reserve to cover additional fees and costs related to actions to 

be addressed in a supplemental application. If the Receiver does not make a 

supplemental application for fees and expenses within the specified period, or if 

funds remain in the reserve funds after the payment of fees and expenses approved 

by the Court in response to such a supplemental application, all funds in the 

reserve funds shall be immediately paid to the Commission or its designated agent. 

E. Any and all uncollected judgments obtained for the benefit of the 

Defaulting Defendants shall be assigned to the Commission for further collection 

efforts. 

VIII. ORDER ACKNOWLEDGMENTS

IT IS FURTHER ORDERED that Defaulting Defendants obtain 

acknowledgments of receipt of this Order: 

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A. Each Defaulting Defendant, within 7 days of entry of this Order, must 

submit to the Commission an acknowledgment of receipt of this Order sworn 

under penalty of perjury.

B. From each individual or entity to which a Defaulting Defendant 

delivered a copy of this Order, that Defaulting Defendant must obtain, within 30 

days, a signed and dated acknowledgment of receipt of this Order.

IX. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defaulting Defendants make timely 

submissions to the Commission:

A. One year after entry of this Order, each Defaulting Defendant must 

submit a compliance report, sworn under penalty of perjury:

1. Each Defaulting Defendant must: (a) identify the primary physical, 

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

which representatives of the Commission may use to communicate with 

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

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

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

of advertising, marketing, and sales, and the involvement of any other Defendant; 

(d) describe in detail whether and how that Defendant is in compliance with each 

Section of this Order; and (e) provide a copy of each Order Acknowledgment 

obtained pursuant to this Order, unless previously submitted to the Commission.

B. For 20 years after entry of this Order, each Defaulting Defendant must 

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

change in the following: 

1. Each Defaulting Defendant must report any change in: (a) any 

designated point of contact; or (b) the structure of any Corporate Defendant or any 

entity that Defendant has any ownership interest in or controls directly or indirectly 

that may affect compliance obligations arising under this Order, including: 

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creation, merger, sale, or dissolution of the entity or any subsidiary, parent, or 

affiliate that engages in any acts or practices subject to this Order.

C. Each Defaulting Defendant must submit to the Commission notice of 

the filing of any bankruptcy petition, insolvency proceeding, or similar proceeding 

by or against such Defendant within 14 days of its filing. 

D. Any submission to the Commission required by this Order to be 

sworn under penalty of perjury must be true and accurate and comply with 28 

U.S.C. § 1746, such as by concluding: “I declare under penalty of perjury under 

the laws of the United States of America that the foregoing is true and correct. 

Executed on: _____” and supplying the date, signatory’s full name, title (if 

applicable), and signature. 

E. Unless otherwise directed by a Commission representative in writing, 

all submissions to the Commission pursuant to this Order must be emailed to 

DEbrief@ftc.gov or sent by overnight courier (not the U.S. Postal Service) to: 

Associate Director for Enforcement, Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. The 

subject line must begin: FTC v. Digital Altitude, et al. (Digital Altitude LLC), No. 

X180021. 

X. RECORDKEEPING 

IT IS FURTHER ORDERED that Defaulting Defendants must create certain 

records for 20 years after entry of the Order, and retain each such record for 5 

years. Specifically, Defaulting Defendants must create and retain the following 

records: 

A. accounting records showing the revenues from all goods or services 

sold; 

B. personnel records showing, for each Person providing services, 

whether as an employee or otherwise, that Person’s: name; addresses; telephone 

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numbers; job title or position; dates of service; and (if applicable) the reason for 

termination; 

C. records of all consumer complaints and refund requests, whether

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

D. all records necessary to demonstrate full compliance with each 

provision of this Order, including all submissions to the Commission; and 

E. a copy of each unique advertisement or other marketing material. 

XI. COMPLIANCE MONITORING 

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

Digital Altitude LLC’s compliance with this Order, including the financial 

representations upon which part of the judgment was suspended, and any failure to 

transfer any assets as required by this Order: 

A. Within 14 days of receipt of a written request from a representative of 

the Commission, Defendant Digital Altitude LLC must: submit additional 

compliance reports or other requested information, which must be sworn under 

penalty of perjury; appear for depositions; and produce documents for inspection 

and copying. The Commission is also authorized to obtain discovery, without 

further leave of court, using any of the procedures prescribed by Federal Rules of 

Civil Procedure 29, 30 (including telephonic depositions), 31, 33, 34, 36, 45, and 

69. 

B. For matters concerning this Order, the Commission is authorized to 

communicate directly with Defendant Digital Altitude LLC. Defendant Digital 

Altitude LLC must permit representatives of the Commission to interview any 

employee or other Person affiliated with any Defendant who has agreed to such an 

interview. The Person interviewed may have counsel present. 

C. The Commission may use all other lawful means, including posing, 

through its representatives as consumers, suppliers, or other individuals or entities, 

to Defendant Digital Altitude LLC or any individual or entity affiliated with 

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Defendant Digital Altitude LLC, without the necessity of identification or prior 

notice. Nothing in this Order limits the Commission’s lawful use of compulsory 

process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1. 

XII. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this 

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

IT IS SO ORDERED. 

Dated: March 6, 2019 JOHN A. KRONSTADT 

UNITED STATES DISTRICT JUDGE 

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