QUARTERLY FEDERAL COURT

LITIGATION STATUS REPORT

Office of the General Counsel

Bureau of Competition

Bureau of Consumer Protection

Regional Offices

March 31, 2015

No. 123
i 

TABLE OF CONTENTS 

SUMMARY OF CASES ................................................................................................................. ii 

PETITIONS FOR REVIEW ........................................................................................................... 1 

A) Orders to Cease and Desist ............................................................................................ 1 

B) Rulemakings ................................................................................................................... 3 

INJUNCTION AND CONSUMER REDRESS CASES ................................................................ 3 

A) Preliminary Injunctions (Mergers/Acquisitions) ............................................................ 3 

B) Preliminary Injunctions (Other) ..................................................................................... 5 

C) Permanent Injunctions/Consumer Redress ..................................................................... 5 

CIVIL PENALTY AND ENFORCEMENT CASES ................................................................... 73 

A) Consumer Protection .................................................................................................... 73 

B) Competition .................................................................................................................. 79 

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS ..................................................... 80 

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION ....................... 83 

AMICUS CURIAE BRIEFS ......................................................................................................... 88 

 

 
ii 

SUMMARY OF CASES 

 D. Ct. Ct. App.* S. Ct. Total 

PETITIONS FOR REVIEW 0 3 1 4 

INJUNCTION AND 

CONSUMER REDRESS CASES 78 9 0 87 

CIVIL PENALTY AND 

ENFORCEMENT CASES 11 0 0 11 

 

SUBPOENA AND CID 

ENFORCEMENTS 4 1 0 5 

SUITS TO ENJOIN FTC 

ACTION AND OTHER 

DEFENSIVE LITIGATION 

4 5 0 9 

AMICUS CURIAE BRIEFS 1 7 0 8 

TOTALS 98 25 1 124 

 *

 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 going on simultaneously. 
1 

PETITIONS FOR REVIEW

(A) Orders to Cease and Desist

NORTH CAROLINA STATE BOARD OF DENTAL EXAMINERS v. FTC, No. 13-534 (S. Ct.);

No. 12-1172 (4thCir.) 

Parties: North Carolina State Board of Dental Examiners 

Assigned Attorneys: Imad D. Abyad (OGC) 

 Brian Fletcher (DOJ/OSG) 

Nature of Action: Petition for review of final order In re North Carolina [State] Board of 

Dental Examiners. 

Status: Petition filed 2/10/12. 

Board’s opening brief filed 5/10/12. 

Commission’s response brief filed 6/27/12. 

Board’s reply brief filed 7/19/12. 

Oral argument held 12/5/12. 

Opinion holding in the Commission’s favor on all issues issued 5/31/13. 

 Rehearing denied 7/30/13. 

 Petition for writ of certiorari filed 10/25/13. 

Brief of amici curiae in support of petitioner by the North Carolina State Bar, 

the North Carolina Board of Law Examiners, the West Virginia State 

Bar filed 11/27/13. 

Brief of amici curiae in support of petitioner by the American Dental 

Association, the American Medical Association et al. filed 11/27/13. 

Commission’s brief in opposition filed 1/22/14. 

Board’s reply filed 2/3/14. 

Petition for certiorari granted 3/3/14. 

Petitioner’s brief filed 5/23/14; Commission’s brief due 7/30/14; 

 Petitioner’s reply brief filed 8/29/14 

Argument held 10/14/14. 

Supreme Court Opinion affirming court of appeals issued 2/25/15. 

POM WONDERFUL v. FTC, No. 13-1060 (D.C. Cir.) 

Parties: POM Wonderful LLC 

 Roll Global LLC 

 Stewart A. Resnick 

 Lynda Rae Resnick 

 Matthew Tupper 
2 

Assigned Attorneys: Imad D. Abyad (OGC) 

Nature of Action: Petition for review of final Commission order. 

Status: Petition filed 3/8/13. 

POM and Tupper’s opening briefs filed 8/14/13. 

Commission’s brief in opposition filed 2/7/14. 

POM and Tupper’s joint reply brief filed 3/4/14. 

Oral argument held 5/2/14. 

Opinion affirming Commission order issued 1/30/15. 

Petition for rehearing due 4/6/15. 

 

PROMEDICA HEALTH SYSTEMS, INC. v. FTC, No. 12-3583 (6th Cir.) 

Parties: ProMedica Health Systems, Inc. 

Assigned Attorneys: Michele Arington (OGC) 

Nature of Action: Petition for review of final divestiture order. 

Status: Petition filed 5/18/12. 

ProMedica’s opening brief filed 9/17/12. 

Commission’s answering brief filed 11/14/12. 

ProMedica’s reply brief filed 12/12/12. 

Oral argument held 3/7/13. 

ProMedica’s petition for rehearing and rehearing en banc filed 6/3/14; 

 Commission’s response filed 7/7/14. 

Order denying petition for en banc rehearing entered 7/24/14. 

ProMedica’s petition for certiorari filed 12/22/14. 

Commission’s opposition due 4/1/15. 

McWANE, Inc. v. FTC, No. 14-11363 (11th Cir.) 

Parties: McWane, Inc. 

Assigned Attorneys: Jack Metzler (OGC) 

 

Nature of Action: Petition for review of final Commission order. 

Status: Petition filed 3/28/14. 

 McWane opening brief filed 6/27/14; FTC brief due 8/29/14; 

 McWane’s reply brief filed 9/29/14. 

 Oral argument held 1/16/15. 

 McWane’s supplemental brief filed 2/17/15. 
3 

 Commission’s supplemental brief filed 2/17/15. 

(B) Rulemakings 

(None Pending) 

INJUNCTION AND CONSUMER REDRESS CASES 

(A) Preliminary Injunctions (Mergers/Acquisitions)

FTC v. PHOEBE PUTNEY HEALTH SYSTEM, INC., No. 11-1160 (S. Ct.); No. 11-12906 

 (11th Cir.); No. 1:11-CV-00058 (M.D. Ga.) 

Parties: Phoebe Putney Health System, Inc. 

Phoebe Putney Memorial Hospital, Inc. 

Phoebe North, Inc. 

HCA, Inc. 

Palmyra Park Hospital, Inc. 

Hospital Authority of Albany-Dougherty County 

Assigned Attorneys: Imad D. Abyad (OGC) 

Leslie R. Melman 

Malcolm L. Stewart (DOJ/OSG) 

Edward D. Hassi (BC) 

Priya Viswanath 

Thomas H. Brock 

Matthew Tabas 

Peter C. Herrick 

Alleged Conduct: Action for preliminary injunction and other equitable relief for violations of 

Section 5 of the FTC Act and Section 7 of the Clayton Act in connection 

with the monopolization of inpatient general acute care services sold to 

commercial health plans and their customers in Albany, Georgia and 

surrounding area. 

Status: Sealed complaint filed 4/20/11. 

Order granting motion for TRO entered 4/21/11. 

Motions to dismiss complaint or, in the alternative, for summary judgment by 

defendants filed 5/16/11. 
4 

Briefs of the Commission and the State of Georgia in further support of 

 motion for preliminary injunction and in opposition to defendants’ 

 motions to dismiss or for summary judgment filed 6/1/1. 

Order granting motions to dismiss and denying motion for preliminary 

 injunction entered 6/27/11. 

Commission’s notice of appeal filed 6/28/11. 

Commission’s emergency motion for injunction pending appeal and to 

expedite appeal filed 6/29/11. 

Injunction pending appeal granted 7/6/11. 

Commission’s opening brief filed 7/27/11; appellees’ answering brief filed 

8/17/11; Commission’s reply brief filed 8/24/11. 

Order affirming district court entered 12/09/11. 

Petition for writ of certiorari filed 3/23/12; granted 6/25/12. 

Commission’s brief filed 8/20/12. 

Respondents’ brief filed 10/1/12. 

Commission’s reply brief filed 10/31/12. 

Oral argument held 11/26/12. 

 Supreme Court decision reversing Court of Appeals issued 2/19/13. 

 Court of Appeals remand order issued 5/10/13. 

 Stipulated preliminary injunction order entered by district court 6/5/13. 

Amended complaint against all defendants filed 7/8/13. 

FTC v. SYSCO CORPORATION, No. 1:15-cv-256 (D.D.C.) 

Parties: Sysco Corporation 

 USF Holding Corp. 

 US Foods, Inc. 

Assigned Attorneys: Stephen Weissman (BC) 

 Alexis Gilman 

 Catherine Sanchez 

 Christopher Abbott 

 David J. Laing 

 Jeanne Nichols 

 Krisha A. Cerilli 

 Kristian S. Rogers 

 Mark Seidman 

 Matthew McDonald 

 Melissa Davenport 

 Michael DeRita 

 Ryan Quillian 

 Sophia Vandergrift 

 Stephen Mohr 

 Thomas H. Brock 
5 

Alleged Conduct: Action for preliminary injunction and other equitable relief for violations of 

Section 5 of the FTC Act and Section 17 of the Clayton Act in conjunction 

with Sysco Corporation’s proposed merger with USF Holding Corp. and US 

Foods, Inc. 

Status: Complaint filed 2/20/15. 

 TRO entered 2/27/15. 

 

 (B) Preliminary Injunctions (Other) 

 

(None pending) 

(C) Permanent Injunctions/Consumer Redress* 

 

FTC v. 4 STAR RESOLUTION, LLC, No. 1:15-cv-112 (W.D.N.Y.) 

Parties: 4 Star Resolution, LLC d/b/a Consumer Recovery Group d/b/a Four Star 

 Capital Services d/b/a Four Star Resolution Services, LLC d/b/a FS 

 Mediation Group 

 Profile Management, Inc. 

 International Recovery Service, LLC 

 Check Solutions Services, Inc. 

 Check Fraud Service, LLC 

 Merchant Recovery Service, Inc. 

 Fourstar Revenue Management, LLC 

 Travell Thomas 

 Maurice Sessum 

 Charles Blakely, III 

Assigned Attorneys: Brian N. Lasky (NER) 

 Karen A. Dahlberg 

 Robin E. Eichen 

 Karen V. Goff 

 *

 Unless otherwise noted, cases involve suits for permanent injunction and other equitable 

relief. Post-judgment proceedings in district court are not generally reported. 
6 

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

 the Federal Debt Collection Practices Act in connection with the collection 

 of debt or purported debt. 

Status: Complaint filed 2/9/15. 

 TRO entered 2/9/15. 

FTC v. A TO Z MARKETING, INC., No. 14-56582 (9th Cir.); No. 8:13-cv-00919 (C.D. Cal.) 

Parties: A to Z Marketing, Inc. 

 Apex Members, LLC 

 Apex Solutions, Inc. 

 Backend, Inc. 

 Expert Processing Center, Inc. 

 Smart Funding Corp. 

 William D. Goodrich, Atty, Inc. 

 Ratan Baid 

 Madhulika Baid 

 William D Goodrich 

Nationwide Law Center, P.C. 

United States Law Center, P.C. 

Emax Loans, Inc. 

Millennium Law Center, P.C. 

Legal Marketing Group, Inc. 

SC Law Group, P.C. 

Interstate Law Group, LLC 

Backend Services, Inc. 

Top Legal Advocates, P.C. 

Evergreen Law Offices, PLLC 

Amir (Alex) Montazeran 

Business Team LLC (relief defendant) 

 

Assigned Attorneys: Jonathan L Kessler (ECR) 

 Maria Del Monaco 

 Stacy Rene Procter 

 Steven W. Balster 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 through the operation 

 of a nationwide scheme regarding mortgage assistance relief services, 

 including loan documentation and transaction services, and loan modification 

services. 

Status: Complaint filed 6/18/13. 

 TRO entered 6/18/13. 

 Preliminary injunction against Backend, Inc. entered 7/12/13. 
7 

 Stipulated preliminary injunction against remaining defendants entered 

7/19/13. 

Amended complaint adding 11 new defendants and one relief defendant filed 

12/16/13. 

 Commission’s motion for summary judgment filed 8/18/14; 

 Opposition brief filed 8/25/14; Commission’s amended motion for 

summary judgment filed 9/1/14; Commission’s reply in support of 

motion for summary judgment filed 9/2/14. 

 Final order for permanent injunction against defendants Backend 

 Services, Inc., Emax Loans, Inc., Legal Marketing Group, Inc., 

 Nationwide Law Center, Inc., United States Law Center., P.C., 

 Interstate Law Group, LLC, Millenium Law Center, P.C., 

 William D. Goodrich and William D. Goodrich Atty, Inc. 

 and SC Law Group, P.C. entered 9/2/14. 

 Order denying motion to set aside default judgment as to defendants 

 Amir Montazeran and Business Team, LLC entered 9/2/14. 

Order granting motion for default judgment as to Evergreen and Backend 

 entered 9/2/14. 

Stipulated final order for permanent injunction and settlement of claims for 

 defendant Top Legal Advocates, P.C., Backend, Inc. entered 9/18/14. 

Defendant Amir Montaxeran’s notice of appeal of default judgment to the 

 9th Circuit filed 9/30/14. 

Default judgment and final order for permanent injunction as to defendant 

Amir Montazeran entered 10/16/14. 

 Final order for monetary judgment as to Business Team, LLC entered 

 10/16/14. 

 Defandant Amir Montazeran’s and Business Team, LLC’s first amended 

 notice of appeal filed 11/03/14. 

 Stipulated final order for permanent injunction against defendants A to Z 

Marketing, Inc., Apex Members, LLC, Apex Solutions, Inc., 

Madhulika Baid, Ratan Baid, Expert Processing Center, Inc., Smart 

Funding Corp. entered 11/14/14. 

 Appellants’ opening brief filed 3/9/15. 

 Commission’s answering brief due 5/8/15. 

 

FTC v. ABBVIE, INC., No. 2:14-cv-5151 (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 
8 

 Kara Monahan 

 Peter Taylor 

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 for failure to state a claim filed 11/12/14; 

Commission’s brief in opposition filed 12/12/14. 

FTC v. ACQUINITY INTERACTIVE LLC, No. 0:14-cv-60166 (S.D. Fla.), No. 1:13-cv-5380 

 (N.D. Ill.) 

Parties: Acquinity Interactive, LLC 

7657030 Canada, Inc. 

Gary Jonas 

Revenue Path E-Consulting Private 

Worldwide Commerce Associates, LLC, d/b/a WCA 

Sarita Somani 

Firebrand Group, S.L., LLC 

Matthew Beucler 

Revenuepath Limited 

Scott Modist 

Joshua Greenberg 

Gregory Van Horn 

Burton Katz 

Jonathan Smyth 

Assigned Attorneys: Steven M. Wernikoff (MWR) 

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

the Telemarketing Sales Rule, in connection with advertising purportedly 

free merchandise through unsolicited text messages and robocalls. 

Status: Complaint filed 7/29/13. 

Motion by Acquinity Interactive to transfer venue to the Southern District of 

Florida filed 9/30/13; Commission’s response filed 11/7/13; 

defendant’s reply filed 11/21/13. 

Defendant’s motion to transfer venue granted 1/6/14. 

Amended complaint filed 6/16/14. 

Order closing case upon notice of settlement entered 9/3/14. 

Order granting motion for voluntary dismissal as to defendants Joshua 

Greenberg and Scott Modist entered 10/16/14. 
9 

Stipulated final judgment and order for permanent injunction as to remaining 

defendants entered 10/16/14. 

 

FTC v. ACTAVIS, INC. (formerly WATSON PHARMACEUTICALS, INC.), No. 12-416 (S. Ct.); 

Nos. 12-16488, No. 10-12729 (11th Cir.); No. 1:09-CV-00955 (N.D. Ga.), formerly No. 

2:09-CV-00598 (C.D. Cal.) 

Parties: Watson Pharmaceuticals, Inc. 

Par Pharmaceuticals Companies, Inc. 

Paddock Laboratories, Inc. 

Solvay Pharmaceuticals, Inc. 

Assigned Attorneys: Markus Meier (BC) 

Saralisa Brau 

Cynthia A. Liebes (SER) 

Mark S. Hegedus (OGC) 

Alleged Conduct: Action for a permanent injunction and other equitable relief for violations of 

the Sections 1 and 2 of the Sherman Act and Section 5 of the FTC Act in 

connection with agreement between brand name drug manufacturer and 

generic manufacturers delaying entry of generic drug. 

Status: Complaint in C.D. Cal. filed 1/27/09. 

Amended complaint filed 2/12/09. 

Defendants’ motion to transfer case to Northern District of Georgia filed 

2/27/09; Commission’s opposition filed 3/16/09; defendants’ reply 

filed 3/23/09; order transferring case to N.D. Ga. entered 4/9/09. 

Second amended complaint filed 5/28/09. 

Commission’s motion to stay proceeding filed 6/15/09; defendants’ 

opposition filed 6/17/09; Commission’s reply filed 7/6/09; order 

denying motion entered 7/17/09. 

Defendants’ motions to dismiss second amended complaint filed 7/20/09; 

Commission’s opposition filed 8/21/09; defendants’ replies filed 

9/11/09. 

Order granting motion to dismiss Commission’s second amended 

complaint entered 2/22/10. 

Judgment dismissing Commission’s claims with prejudice entered 4/21/10 

Notice of appeal filed 6/10/10.

Commission’s opening brief filed 7/26/10. 

Defendants’ answering brief filed 11/10/10. 

Commission’s reply brief filed 12/15/10. 

Oral argument held 5/13/11. 

Opinion affirming district court issued on 4/25/12. 

Commission’s petition for rehearing en banc filed 6/11/12.

Order denying petition for rehearing en banc entered 7/18/12. 
10 

Commission’s petition for writ of certiorari filed 10/4/12. 

Petition granted 12/7/12. 

Commission’s petition to district court to unseal document filed 12/10/12; 

 motion granted and temporary stay pending appeal entered 12/19/12. 

Notice of appeal of order unsealing document by AbbVie Products filed 

12/21/12; emergency motion to expedite briefing and stay unsealing 

order filed 12/26/12; granted 1/10/13. 

Commission’s Supreme Court merits brief filed 1/22/13. 

 AbbVie Products’ opening brief in 11th Circuit filed 1/31/13; Commission’s 

response filed 2/7/13; AbbVie Products’ reply filed 2/19/13. 

 Respondents’ Supreme Court briefs filed 2/21/13. 

 Commission’s Supreme Court reply brief filed 3/18/13. 

 Oral argument in 11th Circuit held 3/20/13. 

 11th Circuit opinion affirming district court order lifting seal and dissolving 

 stay filed 3/21/13. 

 Supreme Court grant of Solicitor General’s motion to lift seal on sealed 

 volume of joint appendix entered 3/22/13.

 Supreme Court oral argument held 3/25/13. 

 Supreme Court decision in favor of the FTC, reversing the 

Eleventh Circuit Court of Appeals and remanding the case for further 

proceedings consistent with its opinion entered 6/17/13. 

Eleventh Circuit order vacating the district court judgment and remanding the 

case to the district court entered 9/9/13. 

Order making Eleventh Circuit’s mandate the judgment of the district court 

entered 11/15/13. 

Motion to dismiss for failure to state a claim filed 1/15/14; Commission’s 

opposition filed 2/14/14; defendant’s reply brief filed 3/3/14. 

Order denying motion to dismiss entered 4/21/14. 

FTC v. ALCOHOLISM CURE CORP., No. 12-14039 (11th Cir.), No. 3:10-CV-00266 (M.D. Fla.) 

Parties: Alcoholism Cure Corporation, d/b/a Alcoholism Cure Foundation 

Robert Douglas Krotzer 

Assigned Attorneys: Karen Mandel (BCP/AP) 

Serena Viswanathan 

Jack Metzler (OGC) 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 involving false 

advertising claims in connection with cures for alcoholism and related 

unauthorized billing. 

Status: Complaint filed 3/29/10. 

 Final judgment and order for permanent injunctive and other equitable relief 

entered 7/3/12. 
11 

 Contempt proceedings filed 3/19/14. 

 Show cause hearing held 10/15/14. 

FTC v. ALLSTAR MARKETING GROUP, LLC, No. 1:15-cv-1945 ( N.D. Ill.) 

Parties: Allstar Marketing Group, LLC 

Assigned Attorneys: Rozina C. Bhimani (MWR) 

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

 the Telemarketing Sales Rule in connection with “buy-one-get-one-free” 

 promotions. 

Status: Complaint filed 3/4/15. 

 Joint stipulated order for permanent injunction and monetary judgment filed 

 3/17/15. 

FTC v. AMAZON.COM, No. 2:14-cv-1038 (W.D. Wash.) 

Parties: Amazon.com 

Assigned Attorneys: Laura Marie Solis (NWR) 

 Jason Adler (BCP/FP) 

Alleged Conduct: Unfair practices in violation of Section 5 of the FTC Act in connection with 

Amazon’s billing for charges related to activity within software applications. 

Status: Complaint filed 7/10/14. 

 Amazon’s motion to dismiss filed 9/08/14; Commission’s response filed 

 9/29/14; Amazon’s reply filed 10/3/14. 

 Order denying Amazon’s motion to dismiss entered 12/1/14. 

 Order adopting stipulated protective order entered 1/12/15. 

FTC v. AMERICAN YELLOW BROWSER, INC., No. 1:15-cv-02047 (N.D. Ill.) 

Parties: American Yellow Browser, Inc. 

 American Yellow Group, Inc. 

 Distribution H.E.P. Inc. d/b/a American Yellow Distribution and Medical 

Yellow Directories, Inc. 

 Official Yellow Guide, Inc. 

 Publication A.A.P., Inc. 

 Publications A.Y.D., Inc. 

 Ivan Chernev 
12 

 German Lebedev 

 Publication A.Y.B., Inc. 

Assigned Attorneys: John C. Hallerud (MWR) 

Alleged Conduct: Violations of Section 5(a) of the FTC Act in connection with deceptive acts 

 and advertising regarding listings in business directories. 

Status: Complaint filed 3/9/15. 

 TRO entered 3/10/15. 

 Preliminary injunction entered 3/25/15. 

FTC v. AMG SERVICES, INC., No. 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: Helen Wong (BCP/FP) 

Jason Schall 

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 

filed 6/11/12. 

Partial withdrawals of motions to dismiss filed 10/15/12 and 10/16/12. 
13 

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. 

Order denying settling 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. 
14 

Stipulated permanent injunction and monetary judgment against defendants 

Troy Little Axe, Jr., Don Brady and Robert Campbell entered 

3/18/15. 

FTC v. APPLY KNOWLEDGE, LLC, No. 2:14-cv-0088 (D. Utah) 

Parties: Apply Knowledge, LLC, d/b/a Apply Knowledge Institute and Coaching 

 Dept. 

 Dahm International, LLC 

 Dominion of Virgo Investments, Inc. 

 Ecommerce Support, LLC 

 Essent Media, LLC 

 Evertex Solutions, LLC 

 EVI LLC, d/b/a Members Learning Center 

 Nemrow Consulting, LLC 

 Novus North, LLC, d/b/a Mymentoring, Yes International, LLC and 

 Your Ecommerce Support International, LLC 

 Purple Buffalo, LLC, d/b/a NetMarketing 

 Supplier Source, LLC 

 365 Dailyfit, LLC, d/b/a Net Training 

 Vensure International 

 VI Education, LLC 

 David Gregory Bevan 

 Jessia Bjarnson 

 Phillip Edward Gannuscia 

 Chad Huntsman 

 Richard Nemrow 

 Jeffrey Nicol 

 Thomas Riskas 

 Babata Sonnenberg 

 Ken Sonnenberg 

 

Assigned Attorneys: Collot Guerard (BCP/MP) 

 Svetlana Gans 

 Michael D. Bergman (OGC) 

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

and Consumer Fraud Abuse and Prevention Act in connection with workfrom-home business opportunity scheme. 

Status: Complaint filed 2/10/14. 

 TRO entered 2/11/14. 

 Stipulated preliminary injunction and asset freeze as to defendant David 

 Bevan entered 3/20/14. 

 Commission’s motion to dismiss Sonnenberg Defendants’ counterclaim 
15 

filed 5/27/14; motion granted without prejudice on 1/30/15. 

FTC v. AT&T MOBILITY, LLC, No. 3:14-cv-04785 (N.D. Cal.) 

Parties: AT&T Mobility, LLC 

Assigned Attorneys: David M. Newman (WRSF) 

 Eric David Edmonson 

 Kerry O’Brien 

 Laura Fremont 

 Linda K. Badger 

 Matthew D. Gold 

 Evan Rose 

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

Act in connection with the marketing of wireless broadband internet access 

service for smartphones. 

Status: Complaint filed 10/28/14. 

 Motion to dismiss by AT&T Mobility filed 1/5/15. 

 Order denying motion to dismiss entered 3/31/15. 

FTC v. BAYVIEW SOLUTIONS, LLC, No. 1:14-cv-01830 (D.D.C.) 

Parties: Bayview Solutions, LLC 

 Aron Tomko 

 Jonathan Ortiz 

Assigned Attorneys: Thomas J. Widor (BCP/FP) 

 Michael D. White 

 Katherine Ripley White (DPIP) 

Alleged Conduct: Violations of Section 5(a) of the FTC Act in connection with defendants’ 

 unfair public disclosure of consumers’ sensitive personal and financial 

information. 

Status: Complaint filed 10/31/14. 

 Notice of voluntary dismissal of Jonathan Ortiz filed 12/18/14. 

 Order granting stay entered 2/2/15. 

 

FTC v. BF LABS, INC. No. 4:14-cv-815 (W.D. Mo.) 

Parties: BF Labs, Inc. 
16 

 Darla Drake 

 Nasser Ghoseiri 

 Sonny Vleisides 

 Kyle Alexander 

 Dylan Symington 

Assigned Attorneys: Helen Wong (BCP/FP) 

 Leah Frazier 

 Teresa N. Kosmidis 

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

connection with the marketing and sale of Bitcoin mining machines. 

Status: Complaint filed 9/15/14. 

 TRO entered 9/18/14. 

 Motions to dismiss entered 10/10/14. 

 Order denying motions to dismiss entered 12/23/14. 

 Commission’s motion to dismiss counterclaims for lack of jurisdiction 

 filed 3/10/15. 

FTC v. BLUEHIPPO FUNDING, LLC, No. 11-374 (2d Cir.); No. 1:08-CV-01819 (S.D.N.Y.) 

Parties: BlueHippo Funding, LLC 

BlueHippo Capital LLC 

Joseph K. Rensin 

Assigned Attorneys: Amanda C. Basta (BCP/ENF) 

Michael D. Bergman (OGC) 

David C. Shonka 

Alleged Conduct: Contempt proceeding for violations of a permanent injunction in connection 

with the sale of personal computers, televisions, and other consumer 

electronics. 

Status: Complaint filed 2/22/08. 

Stipulated final judgment and order for permanent injunction entered 4/9/08. 

Motions for contempt and to modify permanent injunction against 

BlueHippo Funding, LLC, BlueHippo Capital LLC, and Joseph K. 

Rensin filed 11/17/09. 

 Order to show cause why defendants should not be held in contempt 

entered 11/16/09; modified 11/18/09. 

Defendants’ memoranda of law filed 12/7/09 and 12/11/09; Commission’s 

reply memoranda of law filed 12/11/09 and 12/12/09. 

Trial held 2/9/10-2/11/10; closing argument held 2/19/10.
17 

Order granting motion for contempt entered 7/27/10; judgment entered 

7/30/10. 

Commission’s motion to amend/correct judgment and order filed 8/27/10;

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

10/8/10. 

Order denying Commission’s motion to amend/correct judgment and order 

entered 12/1/10. 

Commission’s notice of appeal re contempt order filed 1/28/11. 

Notice of appeal filed 2/1/11. 

Commission’s brief filed 5/16/11. 

Appellee’s brief filed 8/15/11. 

Commission’s reply brief filed 9/12/11. 

Argument held 2/23/12. 

 Opinion vacating the district court’s judgment and remanding the case to the 

 district court entered 8/12/14. 

 Appellee Joseph Rensin’s petition for rehearing filed 9/25/14. 

 Order denying Joseph Rensin’s petition for rehearing entered 11/17/14. 

 

FTC v. BOOST SOFTWARE, INC., No. 9:14-cv-81397 (S.D. Fla.) 

Parties: Boost Software, Inc. 

 Vast Tech Support, LLC d/b/a OMG Tech Help, d/b/a OMG Total 

 Protection, d/b/a OMG Back Up, d/b/a Softwaretechsupport.com 

 OMG Tech Help, LLC 

 Success Capital, LLC 

 Jon Paul Holdings, LLC 

 Ami Mehta 

 Elliot Loewenstern 

 Jon-Paul Vasta 

 Mark Donohue 

Assigned Attorneys: J. Ronald Brooke, Jr. (BCP/MP) 

 Russell S. Deitch 

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

FTC Act and the Telemarketing Sales Rule in connection with the marketing, 

advertising, and sale of tech support services. 

Status: Complaint filed 11/10/14. 

 TRO entered 11/12/14. 

 TRO extended to all defendants entered 11/26/14. 

 Order denying preliminary injunction against Boost Software and Ami Mehta 

 entered 11/26/14. 

 Order of entry of default as to Vast Tech Support LLC, OMG Tech Help 

 LLC, Success Capital LLC and Jon Paul Holding LLC 
18 

 entered 3/18/15. 

 

FTC v. BROADWAY GLOBAL MASTER, INC., No. 2:12-CV-00855 (E.D. Cal.) 

Parties: Broadway Global Master, Inc. 

In-Arabia Solutions Inc. 

Kirit Patel 

Assigned Attorneys: Austin A.B. Ownbey (WRSF) 

Kerry O’Brien 

Sarah Schroeder 

Alleged Conduct: Unfair and deceptive acts or practices in violation of Section 5 and the 

FDCPA related to debt collection practices. 

Status: Complaint filed 4/3/12. 

TRO entered 4/5/12. 

Preliminary injunction and asset freeze entered 4/26/12. 

Kirit Patel indicted on 21 counts of mail and wire fraud on 8/23/12 

Order granting six-month stay entered 9/17/12. 

Orders extending stay entered 3/7/13, 7/8/13, and 11/18/13. 

Orders extending stay entered 2/7/14, 4/30/14, 8/4/14, and 12/8/14. 

FTC v. CARDFLEX, INC., No. 3:14-cv-397 (D. Nev.) 

Parties: Cardflex, Inc. 

 Blaze Processing, LLC 

 March 1 Merchanting, LLC 

 Andrew M. Phillips 

 John S. Blaugrund 

 Shane Fisher 

 Jeremy Livingston 

Assigned Attorneys: Karen S. Hobbs (BCP/MP) 

 Benjamin Robert Davidson 

 Blaine T. Welsh (AUSA) 

Alleged Conduct: Violations of Section 5 of the FTCF Act in connection with unauthorized 

charges to consumer’s debit and credit accounts. 

Status: Complaint filed 7/30/14. 

 Permanent injunction and final order against defendants Blaze Processing, 

 LLC, Mach 1 Merchanting, LLC and Shane Fisher entered 10/27/14. 

 Permanent injunction and final order against defendant Jeremy Livingston 
19 

 entered 1/2/15. 

 Order granting 60 day stay of proceedings entered 1/26/15. 

FTC v. CARIBBEAN CRUISE LINE, No. 0:15-cv-60423 (S.D. Fla.) 

Parties: Caribbean Cruise Line, Inc. 

 Linked Services Solutions, LLC 

 Economic Strategy, LLC 

 Pacific Telecom Communications Group 

 International Telephone Corporation 

 International Telephone, LLC 

 T M Caller ID, LLC 

 Telephone Management Corporation 

 Scott Broomfield 

 Jason Birkett 

 Jacob Dejongh 

 Fred A. Accuardi 

 Steve Hamilton 

Assigned Attorneys: Bikram Bandy (BCP/MP) 

 Emily C. Burton 

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the Telemarketing Sales Rule 

in connection with robocalls. 

Status: Complaint filed 3/3/15. 

 Motion by Commission to approve consent judgment as to defendants 

 Caribbean Cruise Line, Inc., Linked Services Solutions, LLC, 

Scott Broomfield, Jason Birkett, Economic Strategy, Jacob Dejongh 

and Steve Hamilton filed 3/3/15. 

FTC v. CD CAPITAL INVESTMENTS, LLC, 8:14-CV-1033 (C.D. Cal.) 

Parties: CD Capital Investments, LLC 

 CD Capital, LLC 

 GDS Information Systems, Inc. 

 Christian D. Quezada 

 Mireya Duenas 

 Gabriel Drews Stewart 

Assigned Attorneys: Barbara Y K Chun (WRLA) 

 LaShawn M. Johnson (BCP/FP) 

 Mark L. Glassman 

Alleged Conduct: Deceptive practices in violation of Section 5 of the FTC and Mortgage 
20 

Assistance Relief Services Rule in connection with the marketing and sale of 

mortgage assistance relief services. 

Status: Complaint filed 7/7/14. 

 Stipulated preliminary injunction entered 8/21/14. 

 

FTC v. CENTRO NATURAL CORP., No. 1:14-cv-23879 (S.D. Fla.) 

Parties: Centro Natural Corp. 

 Sumore, LLC 

 Carolina Orellana 

 Damian Biondi 

 Javier Sumbre 

 Jessica Anzola 

 Bionore, Inc. 

 Susana Sumbre 

 Jorge Sumbre (Relief Defendant) 

 Allianza Inmobiliaria Corp. (Relief Defendant) 

 Jager International, Inc. (Relief Defendant) 

Assigned Attorneys: Dotan Weinman (BCP/ MP) 

 Janice L. Kopec 

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

FTC Act, the Fair Debt Collection Practices Act, and the Telemarketing Act 

in connection with soliciting payments for unverified debts. 

Status: Complaint filed 10/20/14. 

 TRO entered 10/21/14. 

 Amended complaint filed 10/27/14. 

 Order denying without prejudice preliminary injunction as to defendant 

 Susana Sumbre and relief defendants Allianza Immobiliaria Corp., 

 Jager International, Inc. and Jorge Sumbre entered 10/31/14. 

 Amended temporary restraining order entered 11/3/14 

 Stipulated preliminary injunction as to Javier Sumbre, Jessica Anzola, and 

 Sumore LLC entered 1/5/15 and 1/8/15. 

 Order by clerk for entry of default as to Centro Natural Corp. 

 entered 1/20/15. 

 Order granting second motion for preliminary injunction against relief 

 defendants entered 1/26/15. 
21 

FTC v. CEPHALON, INC., No. 2:08-CV-02141 (E.D. Pa.), formerly No. 1:08-CV-00244 

(D.D.C.) 

Parties: Cephalon, Inc. 

Assigned Attorneys: Markus H. Meier (BC) 

Bradley S. Albert 

Garth W. Huston 

Suzanne Munck 

Alleged Conduct: Violations of Section 5 in connection with inducing generic companies to 

abandon patent challenge and agreeing to refrain from producing a generic 

form of the drug Provigil. 

Status: Complaint for injunctive relief in D.D.C. filed 2/13/08. 

Order granting defendant’s motion to transfer case to E.D. Pa. entered 

4/28/08. 

Defendant’s motion to dismiss filed 5/2/08; Commission’s opposition to 

motion filed 6/2/08; defendant’s reply filed 6/20/08.

First amended complaint filed 8/12/09. 

Defendant’s motion to dismiss filed 8/31/09; Commission’s response in 

opposition filed 9/14/09; oral argument held 10/21/09. 

Order and memorandum denying motion to dismiss entered 3/29/10. 

Order staying case pending Supreme Court resolution of pay-for-delay 

pharmaceutical litigation settlements entered 8/29/12. 

Notice by Commission of Supreme Court decision in FTC v. Actavis filed 

6/19/13. 

Motion for partial summary judgment by the Commission filed 9/20/13; 

defendant’s opposition filed 11/19/13; Commission’s reply filed 

12/20/13. 

Motion to dismiss for lack of jurisdiction by Cephalon, Inc. filed 9/20/13; 

Commission’s response filed 11/18/13; defendant’s response filed 

12/20/13. 

Motion to join Teva Pharmaceutical Industries Ltd. by Commission filed 

12/9/13; denied without prejudice 5/5/14. 

Order that FTC v. Cephalon, Inc. proceed to trial separate from private 

plaintiffs’ cases entered 2/4/15. 

FTC v. COMMERCE PLANET, INC., No. 12-57064 (9th Cir.); Nos. 8:14-cv-01529, 8:09-CV- 

 01324 (C.D. Cal.) 

Parties: Commerce Planet, Inc., d/b/a Online Supplier 

Michael Hill 

Charles Gugliuzza 

Aaron Gravitz 
22 

Assigned Attorneys: David M. Newman (WRSF) 

Eric D. Edmondson 

Michele Arington (OGC) 

Alleged Conduct: Unfair and deceptive acts and practices in violation of Section 5 in 

connection with the marketing and sale of Online Auction Starter Kits and 

automatic debiting of monthly charges to consumer credit cards. 

Status: Complaint filed 11/10/09. 

Stipulated final orders for permanent injunction and monetary relief 

against Commerce Planet, Inc., Michael Hill, and Aaron Gravitz 

entered 11/18/09. 

Motion to dismiss as to 

defendant Charles Gugliuzza filed 1/19/10; Commission’s opposition to 

motion filed 2/1/10; defendants’ reply filed 2/8/10; order denying 

defendants’ motion to dismiss entered 2/12/10. 

Defendant Charles Gugliuzza’s answer impleading Superfly Advertising, Inc. 

(a Delaware corporation) and Superfly Advertising, Inc. (an Indiana 

corporation) as third-party defendants filed 4/16/10; amended answer 

adding counterclaim against Commission filed 5/4/10. 

Motion to dismiss Charles Gugliuzza’s counterclaim filed 5/25/10; 

Gugliuzza’s opposition filed 6/21/10; Commission’s reply filed 

6/28/10. 

Motion to dismiss third-party defendant Superfly Advertising, Inc. filed 

6/22/10; Gugliuzza’s opposition filed 7/19/10; reply by third-party 

defendant Superfly Advertising, Inc. filed 7/26/10. 

Order granting third-party defendant Superfly Advertising’s motion to 

dismiss entered 8/5/10. 

Amended third-party complaint against counter defendants Superfly 

Advertising, Inc. (an Indiana corporation) and Superfly Advertising, 

Inc. (a Delaware corporation) by defendant Charles Gugliuzza filed 

8/25/10. 

Motion to dismiss first amended third-party complaint by third-party 

defendant Superfly Advertising, Inc. filed 9/15/10; order granting 

motion entered 10/27/10. 

Second amended third-party complaint against counter defendants Superfly 

Advertising, Inc. (an Indiana corporation) and Superfly Advertising, 

Inc. (a Delaware corporation) by defendant Charles Gugliuzza filed 

11/16/10. 

Motion to dismiss second amended third-party complaint by third-party 

defendant Superfly Advertising, Inc. filed 11/29/10; order granting 

motion entered 12/28/10. 

Motion for summary judgment by defendant Charles Gugliuzza filed 

4/22/11. 

First amended complaint for permanent injunction and other equitable 
23 

relief filed 6/29/11. 

Defendant Charles Gugliuzza’s motion for summary judgment filed 

 7/27/11; Commission’s opposition filed 8/22/11; reply filed 

 8/29/11; order denying motion for summary judgment entered 

 9/08/11. 

Trial held 1/31/12-2/28/12. 

Post-trial briefs submitted 3/23/12. 

Appellant filed his reply 1/31/14. 

Memorandum of decision in favor of the Commission and directing 

Commission to file proposed permanent injunction and judgment 

entered 6/22/12. 

Final order and permanent injunction as to all defendants entered 

7/17/12. 

Defendant Charles Gugliuzza’s notice of appeal filed 11/13/12. 

Appellant’s opening brief filed 7/5/13; Commission’s answering brief filed 

11/18/13; appellant’s reply brief filed 1/31/14. 

Notice of defendant Charles Gugliuzza’s appeal to the 9th Circuit filed 

9/6/14. 

Order dismissing appeal as duplicative of pending appeal 12-57064 entered 

9/19/14; Gugliuzza’s motion for reconsideration filed 9/25/14. 

Notice regarding appeal (No. 8:14-cv-01529) from bankruptcy court’s ruling 

that Gugliuzza’s debt to the Commission is nondischargeable entered 

9/22/14. 

Gugliuzza’s opening brief in bankruptcy appeal filed 12/5/14; Commission’s 

answering brief due 1/16/15; Gugliuzza’s reply brief due 1/30/15. 

Oral argument in merits appeal held 2/9/15. 

Oral argument in district court regarding bankruptcy appeal held 2/26/15. 

Order by district court affirming in substantial part and reversing in part the 

bankruptcy court’s order on nondischargeability entered 3/12/15. 

FTC v. CONSUMER COLLECTION ADVOCATES, CORP., No. 0:14-cv-62491 (S.D Fla.) 

Parties: Consumer Collection Advocates, Corp. 

 Michael R. Ettus 

Assigned Attorneys: Barbara E. Bolton 

 Marcela C. Mateo 

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

Telemarketing Sales Rule in connection with recovery services claiming to 

collecting funds consumers previously lost to telemarketing fraud. 

Status: Complaint filed 11/3/14. 

 Stipulated preliminary injunction entered 11/17/14. 

 Trial scheduled for 10/19/15. 
24 

FTC v. CONSUMER HEALTH BENEFITS ASS’N, No. 1:10-CV-03551 (E.D.N.Y.) 

Parties: Consumer Health Benefits Association John Schwartz 

Jeffery Burman Barbara Taube 

Century Senior Services Rita B. Werner 

Guarantee Trust Life Insurance Ronald K. Werner 

Richard Holson III Vantage America Solutions 

Louis Leo Windi Tow 

National Association for Americans 

National Benefits Consultants, LLC 

National Benefits Solutions, LLC 

 

Assigned Attorneys: Karen A. Dahlberg (NER) 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 and the Telemarketing 

Sales Rule in connection with defendants’ marketing, distribution, and sale of 

medical discount plans. 

Status: Complaint filed 8/03/10. 

Stipulation and order modifying ex parte TRO as to defendant Louis Leo 

entered 8/25/10. 

Stipulation and order modifying ex parte TRO as to defendants Ron Werner 

and Rita Werner entered 8/25/10.

Stipulated preliminary injunction order as to defendant Louis J. Leo entered 

9/21/10. 

Stipulated preliminary injunction as to defendants Ron Werner and Rita 

Werner entered 10/01/10. 

Preliminary injunction as to corporate defendants entered 10/5/10. 

Clerk’s entry of default as to corporate defendants 11/15/10. 

Stipulation and order modifying the preliminary injunction order as to 

defendants Louis Leo, Rita and Ronald Werner entered 3/31/11. 

Commission’s motion for leave to amend complaint naming additional 

defendants filed 5/06/11; magistrate judge’s decision granting motion 

entered 8/18/11. 

Appeals of magistrate judge’s decision by proposed defendants filed 

9/06/11. 

Commission’s amended complaint filed 10/13/11. 

 Motions to dismiss by filed 11/22/11; Commission’s response in 

opposition filed 12/13/11. 

 Orders denying all motions to dismiss entered 5/23/12 & 5/24/12. 

Commission’s motion for summary judgment filed 7/23/2013; opposition by 

John Schwartz and Wendi Tow filed 8/30/13 and 11/7/13; partial 

oppositions by Rita Brum Werner, Ronald Kent Werner, Jeffrey 

Burman, Century Senior Services, Guarantee Trust Life Insurance 
25 

Company, Richard Holson, III, Barbara Taube, Vantage America 

Solutions, Inc. filed 11/6/13; cross-motions for summary judgment by 

Rita Werner, GTL, Vantage, Century, Rick Holson, Jeff Burman, and 

Barbara Taube filed 9/4/13, 9/5/13 and 9/6/13. 

Order granting motion by the Commonwealth of Massachusetts to modify the 

stipulated order of preliminary injunction entered 12/5/13. 

FTC v. CREAM GROUP, INC., No. 2:13-cv-8843 (C.D. Cal.) 

Parties: Cream Group, Inc., d/b/a Terra Nova, TNT, Inc., d/b/a CRM, Inc. 

Sami Charchian, d/b/a Oro Marketing, d/b/a Modo, d/b/a Modo Industry, 

d/b/a Oro Max, d/b/a Casa de Oro, d/b/a Casa de Moda, d/b/a Oro 

Mundo, d/b/a Mation/Modo 

John Charchian, a/k/a Djahangir Charchian, a/k/a Jahangir John Charchian 

Norma Rae Ramos 

Assigned Attorneys: Julie K. Mayer (NWR) 

Laura M. Solis 

Raymond E. McKown (WRLA) 

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

the sale of purported brand-name merchandise for resale. 

Status: Complaint filed 12/3/13. 

TRO entered 12/3/13. 

Stipulated preliminary injunction entered 1/9/14. 

Default by clerk against Cream Group entered 3/18/14. 

Amended complaint filed 4/2/14. 

Default judgment as to relief defendants Bahareh Ramin and Spring Acres, 

LLC entered 7/8/14. 

Final order for permanent injunction and monetary judgment against 

defendants Cream Group, Inc., John Cahrchian, and Sami Charchian 

and for monetary relief defendants Spring Acres, LLC and Bahareh 

Ramin entered 12/22/14. 

FTC v. CWB SERVICES, LLC, No. 4:14-cv-783 (W.D. Mo.) 

Parties: CWB Services, LLC 

 Orion Services, LLC 

 Sandpoint Capital, LLC 

 Basseterre Capital, LLC 

 Namakan Capital, LLC 

 Vandelier Group, LLC 

 St. Armands Group, LLC 
26 

 Anasazi Group, LLC 

 Anasazi Services, LLC 

 Longboat Group, LLC 

 Orlead Group 

 Timothy A. Coppinger 

 Frampton Rowland, III 

Assigned Attorneys: Rebecca M. Unruh (BCP/FP) 

 Charles M. Thomas 

 Lisa Rothfarb 

 Matthew Wilshire 

Alleged Conduct: Unfair and deceptive practices in violation of Section 5 of the FTC Act, the 

Truth in Lending Act, and the Electronic Fund Transfer Act in connection 

with the offering or extension of payday loans. 

Status: Complaint filed 9/5/14. 

 TRO entered 9/9/14. 

 Stipulated preliminary injunction entered 9/23/14. 

 Bench trial scheduled for 2/22/16. 

FTC v. DAYTON FAMILY PRODUCTIONS, INC., No. 13-17448 (9thCir.); No. 2:97-CV-00750 

(D. Nev.) 

Parties: Glen E. Burke, d/b/a American Health Associates, LLC 

Assigned Attorneys: Reenah L. Kim (BCP/ENF) 

 Sarah Waldrop 

Joel Marcus-Kurn (OGC) 

Blaine T. Welsh (AUSA) 

Alleged Conduct: Deceptive acts and practices in violation of a 1998 order for permanent 

injunction in connection with telemarketing, by misrepresenting to 

consumers that they have won a valuable prize and requiring payment in 

order to retrieve the alleged prize. 

Status: Complaint filed 6/20/97. 

 Permanent injunction entered 10/1/98. 

 Motion for contempt and stipulated preliminary injunction filed 

 1/28/13. 

 Order granting preliminary injunction entered 3/5/13. 

Hearing held 9/5/13. 

Order finding civil contempt liability entered 9/27/13. 

Notice of appeal filed 11/26/13. 

 Commission’s motion in district court for an indicative ruling and to 
27 

 clarify judgment filed 2/10/14. 

 Commission’s motion in court of appeals to suspend briefing schedule 

and stay proceeding filed 2/11/14; order by court of appeals staying 

case entered 2/14/14. 

Commission’s motion in court of appeals for remand filed 3/4/14; 

 order remanding case entered 3/14/14. 

Order by district court reaffirming its 9/27/13 order of contempt entered

 7/28/14. 

Appellant’s opening brief filed 10/23/14; Commission’s answering brief filed 

 12/24/14; appellant’s reply brief filed 12/31/14. 

FTC v. DEBTPRO 123, LLC, No. 8:14-cv-0693 (C.D. Cal.) 

Parties: Debtpro 123, LLC 

 Allstar Processing Corp. 

 Allstar Debt Relief, LLC 

 Redwave Management Group 

 BET Companies, Inc. 

 Bryan E. Taylor, a/k/a B. Edward Taylor 

 Ryan Foland, a/k/a R Eugene Foland 

 Stacey Frion 

 Kara Taylor 

 

Assigned Attorneys: Stacy Rene Procter (WRLA) 

 Benjamin J. Theisman (BCP/ENF) 

 Miriam R. Lederer 

Alleged Conduct: Unfair and deceptive acts and practices in violation of Section 5 of the 

 FTC Act, the Telemarketing Sales Rule, and the Credit Repair Organization 

 Act in relation to advertising and business practices by credit repair 

 organizations. 

Status: Complaint filed 5/2/14. 

FTC v. DERMADOCTOR, INC., No. 4:14-cv-01129 (W.D . Mo.) 

Parties: DERMAdoctor, Inc. 

 Audrey Kunin, MD 

Assigned Attorneys: Christine DeLorme 

 Elizabeth Nach (BCP/AP) 

 Thomas M. Larson (AUSA) 

Alleged Conduct: Violations of Sections 5(a) and 12 of the FTC Act in connection with the 
28 

 advertising, marketing, distribution, and sale of DERMAdoctor line of 

 cosmetic products. 

Status: Complaint filed 12/23/14. 

 Stipulated final judgment and order for permanent injunction and other 

 equitable relief entered 12/29/14. 

FTC v. DIRECTV, INC., No.3:15-cv-01129 (N.D. Cal.) 

Parties: DirecTV, Inc. 

 DirecTV, LLC 

Assigned Attorneys: Eric D. Edmondson (WRSF) 

 Boris Yankilovich 

 Erika R. Wodinsky 

 Jacob A. Snow 

 Raymond E. McKown (WRLA) 

 Stacy R. Procter 

Alleged Conduct: Decemptive actis and practices in violations of Section 5(a) of the FTC Act 

and Section 4 of the Restore Online Shoppers’ Confidence Act in connection 

with the advertising, marketing, and sale of multi-channel video 

programming subscription service. 

Status: Complaint filed 3/11/15. 

FTC v. DIVERSIFIED EDUCATIONAL RESOURCES, LLC, No. 0:14-cv-62116 (S.D. Fla.) 

Parties: Diversified Educational Resources, LLC 

 Motivational Management & Development Services, Ltd. 

 IDM Services, LLC 

 Alexander Wolfram a/k/a Alex Wolfram 

 Maria T. Garcia 

 Steinbock Holdings, LLC 

 Zwillinge, LLC 

 Tiffany Chambers 

 Sylvia Gads 

Assigned Attorneys: Ioana Rusu (BCP/FP) 

 Miya Rahamim 

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

 regarding the sale, marketing, and distribution of high school diplomas. 
29 

Status: Complaint filed 9/16/14. 

 TRO entered 9/16/14. 

 Preliminary injunction entered 9/30/14. 

 Stipulation Order for Permanent Injunction and Monetary Judgment as to 

 defendants Maria Garcia, IDM Services LLC, Alexander Wolfram, 

 and relief defendants Steinbock Holdings LLC, Zwillinge LLC, 

 Sylvia Gads and Tiffany Chambers entered 1/15/15. 

 Order and Final Default Judgment in favor of FTC against defendants 

 Diversified Educational Resources LLC and Motivational 

 Management & Development Services Ltd. entered 2/26/15. 

FTC v. EMERICA MEDIA CORPORATION, No. 9:13-CV-00003 (D. Mont.) 

Parties: Emerica Media Corporation 

 Global Voice Mail, Ltd. 

 Network Assurance, Inc. 

 Techmax Solutions, Inc. 

 Voice Mail Professionals, Inc. 

 Steven V. Sann 

 Terry D. Lane, a/k/a Terry D. Sann 

 Nathan M. Sann 

 Robert M. Braach 

 Bibliologic, Ltd. 

 American eVoice, Ltd. 

 FoneRight, Inc. 

 HearYou2, Inc. 

 SecuraDat, Inc. 

 

Assigned Attorneys: Kathryn Decker (NWR) 

 Richard McKewen 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 in connection with 

recurring charges on consumers’ monthly telephone bills for 

telecommunications services that consumers neither requested nor 

authorized. 

Status: Complaint filed 1/8/13. 

 Stipulated preliminary injunctions as to all defendants entered 5/8/13. 

 Order staying the case until at least 7/8/13, pending developments in a 

parallel criminal investigation entered 5/9/13. 

Order staying the case pending the resolution of a parallel criminal 

prosecution entered 9/24/13. 

Stipulated permanent injunction order and monetary relief as to defendant 

Nathan M. Sann entered 11/25/14. 
30 

FTC v. EWING, No. 2:07-cv-00479-PMP-GWF (D. Nev.) 

Parties: Crystal A. Ewing 

Consumer Direct Enterprises, LLC 

Top Choice, Inc. 

Classic Productions, LLC 

Response Processing, LLC 

David F. Ewing 

Top Choice, Inc., d/b/a Sweepstakes Information Reporting Services, 

 Cash Claim Information Center, Consumer Award Advisory 

 Service, Mega Marketing Group, and Prize Distribution Center 

Assigned Attorneys: Kathryn Decker (NWR) 

Mary Benfield 

Alleged Conduct: Violation of Section 5 in connection with deceptive sweepstake claims. 

Status: Complaint for injunctive and other equitable relief filed 4/11/07. 

Consent judgment and order for permanent injunction in favor of 

 Commission entered 6/14/07. 

Commission’s contempt motion against Crystal Ewing filed 5/1/14. 

Consent judgment, final judgment, order for compensatory contempt relief, 

 and modified order for permanent injunction and other equitable 

 relief as to Crystal Ewing entered 2/3/15. 

 

FTC v. EWING, No. 2:14-cv-0683 (D. Nev.) 

Parties: Crystal Ewing 

 Classic Productions, LLC 

 Health Nutrition Products, LLC d/b/a W8-B-Gone, Quick & Easy 

 Howard Raff, a/k/a Howard Bruce 

 David Raff 

 Omni Processing Center 

 MBE Management, LLC 

 Shirley Murphy 

 Ronald Boyde 

 Global Access Management Systems, Inc. 

 Ricki Black 

Assigned Attorneys: Alejandro Rosenberg (BCP/ENF) 

 Elsie B. Kappler 

 Korin Ewing Felix 

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

 advertising, marketing and sale of purported weight loss pills. 
31 

Status: Complaint filed 5/1/14. 

 Default judgment as to defendants Ricki Black and Global Access 

Management Systems, Inc. entered 6/23/14; Defendants’ motion to 

set aside entry of default filed 6/26/14; Commission’s stipulation of 

no opposition to Ricki Blacki only filed 7/8/14. 

 Default judgment as to Omni Processing Center and MBE Management, 

 LLC entered 7/18/14. 

FTC v. FEDERAL CHECK PROCESSING, INC., No. 1:14-cv-0122 (W.D.N.Y.) 

Parties: Federal Check Processing, Inc. 

 Federal Recoveries, LLC 

 Federal Processing Services, Inc. 

 Federal Processing, Inc. 

 United Check Processing , Inc. 

 Central Check Processing, Inc. 

 Central Processing Services, Inc. 

 Nationwide Check Processing, Inc. 

 American Check Processing, Inc. 

 State Check Processing, Inc. 

 Check Processing, Inc. 

 US Check Processing, Inc. 

 Flowing Streams, F.S., Inc. 

 Mark Briandi 

 William Moses 

 Empowered Racing, LLC, Relief Defendant 

Assigned Attorneys: Colin A. Hector (BCP/FP) 

 Katherine M. Worthman 

Alleged Conduct: Deceptive acts or practices in violation of Section 5 and the Fair Debt 

Collection Practices Act in Connection with debt collection operation. 

 

Status: Complaint filed 2/24/14. 

 Ex parte TRO entered 3/24/14. 

 Stipulated preliminary injunction entered 3/25/14. 

 

FTC v. FIRST CONSUMERS, LLC, No. 2:14-cv-1608 (E.D. Pa.) 

Parties: First Consumers, LLC 

 Standard American Marketing, Inc. 

 Powerplay Industries, LLC 

 1166519075 Quebec Inc., d/b/a Landmark Holdings, Inc. 
32 

 1164047236 Quebec Inc., d/b/a Madicon Inc. 

 Ari Tietolman 

 Marc Ferry 

 Charles W. Borie 

 Robert Barczai 

 

Assigned Attorneys: David R. Spiegel (BCP/MP) 

Alleged Conduct: Unfair and deceptive acts and practices in violation of Section 5 and the 

Telemarketing Sales Rules in connection with marketing of supposed fraud 

protection, legal protection and pharmaceutical benefit services. 

Status: Complaint filed 3/18/14. 

 Ex parte TRO entered 3/18/14. 

 Preliminary injunction order entered 3/28/14. 

 Motion for contempt against defendant Ari Tietolman filed 5/15/14. 

 Order imposing coercive sanction against Air Tietolman entered 7/17/14. 

 Bench warrant for Air Tietolman issued 8/7/14. 

 Default judgment as to defendants 1164047236 Quebec Inc., 1166519075 

 Quebec Inc., First Consumers, LLC, Powerplay Industries, LLC, and 

 Standard American Marketing, Inc. entered 12/4/14. 

 Motion for summary judgment against Ari Tietolman filed 1/13/15. 

 Motion for default judgment as to corporate defendants filed 1/13/15. 

 Stipulation and final order for permanent injunction and monetary judgment 

 as to defendants Marc Ferry and Robert Barczai entered 2/5/15. 

 Order granting summary judgment against defendant Ari Tietolman, and 

 default judgment as to corporate defendants entered 2/20/15. 

 Notice of voluntary dismissal as to defendant Charles Borie filed 3/30/15. 

FTC v. FIRST TIME CREDIT SOLUTION, No. 2:15-cv-1921 (C.D. Cal.) 

Parties: First Time Credit Solution, Corp. d/b/a 1st Consumer Credit USA d/b/a 

 Doctor de Credito 

 Guillermo Leyes 

 Jimena Perez 

 Maria Bernal 

 Fermin Campos 

Assigned Attorneys: Stacy R. Procter (WRLA) 

 Christine M. Todaro (BCP/MP) 

 Dotan Weinman 

 Rhonda Perkins 
33 

Alleged Conduct: Violations of Section 5(a) of the FTC Act and Section 404 of the Credit 

Repair Organization Act in connection with the deceptive advertising, 

marketing, promotion offering for sale, or sale of credit repair services. 

Status: Complaint filed 3/16/15. 

 TRO entered 3/16/15. 

 

FTC v. FMC COUNSELING SERVICES, INC., No. 0:14-cv-61545 (S.D. Fla.) 

Parties: FMC Counseling Services, Inc. 

 FDC Assoc Group, Inc. 

 FDC Business, Inc. 

 FMC Review Corporation, Inc. 

 NDR Group, Inc. 

 FMC Consultants Group, Inc. 

 Jonathan L. Herbert 

Assigned Attorneys: Elizabeth C. Stout (MWR) 

 James Davis 

Alleged Conduct: Violations of Section 5 of the FTC Act and the Mortgage Assistance Relief 

Services Rule in connection with the marketing and sale of mortgage 

assistance relief services. 

Status: Complaint for permanent injunction and other equitable relief filed 7/7/14. 

 Preliminary injunction with asset freeze and other equitable relief as to 

 Jonathan L. Herbert entered 7/17/14. 

 Final judgment adopting parties’ proposed stipulated final order for 

 permanent injunction and monetary relief entered 12/12/14. 

FTC v. GENESIS TODAY, INC., No. 1:15-cv-62 (W. D. Tex.) 

Parties: Genesis Today, Inc. 

 Pure Health, LLC 

 Lindsey Duncan 

Assigned Attorneys: Carl H. Settlemeyer, III (BCP/AP) 

 Edward Glennon 

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

deceptive advertising, marketing, and sale of green coffee bean extract. 

Status: Complaint filed 1/26/15. 

 Stipulated final judgment and order for permanent injunction entered 
34 

 1/27/15. 

FTC v. GERBER PRODUCTS, CO., No. 2:14-cv-06771 (D.N.J.) 

Parties: Gerber Products Co. d/b/a Nestle Nutrition, d/b/a Nestle Infant Nutrition, 

 d/b/a Nestle Nutrition North America 

Assigned Attorneys: Michelle K. Rusk (BCP/AP) 

 Victor V. DeFrancis 

 Ella Krainsky 

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

Act in connection with the labeling, advertising, marketing, distribution, and 

sale of an infant formula purporting to prevent allergies. 

Status: Complaint filed 10/29/14. 

 

FTC v. HEALTH FORMULAS, LLC, No. 2:14-cv-01649 (D. Nev.) 

Parties: Health Formulas, LLC d/b/a Simple Pure Nutrition 

 Pure Vitamins, LLC 

 Longhorn Marketing, LLC 

 Method Direct, LLC 

 Weight Loss Dojo, LLC d/b/a Fitness Dvds 

 VIP Savings d/b/a VIP Savings Center 

 DJD Distribution, LLC 

 MDCC, LLC d/b/a Method Direct Call Center 

 Chapnick, Smuckler & Chapnick, Inc. 

 Brandon Chapnick 

 Keith Smuckler 

 Danelle Miller 

 Jason Miller 

Assigned Attorneys: Danielle Estrada (BCP/MP) 

 Roberto Anguizola 

 Shameka L. Walker 

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

Electronic Fund transfer Act, Restore Online Shoppers Confidence Act, and 

the Telemarketing Act in connection with “free” trials of health and 

cosmetic products. 

Status: Complaint filed 10/7/14. 

 TRO and other equitable relief granted 10/9/14. 
35 

 Stipulated preliminary injunction as to defendants Chapnick, Smukler & 

 Chapnick, Inc., Brandon Chapnick, and Keith Smukler entered 

 11/18/14. 

 

 

FTC v. HISPANIC GLOBAL WAY, CORP, No. 1:14-cv-22018 (S.D. Fla.) 

Parties: Hispanic Global Way, Corp. 

 Hispanic Global Way, LLC 

 Hispanic Global Way Venez Corp., d/b/a TVO 

 Hispanic Global Way Venez I Corp. 

 Gold Lead USA Corp. 

 Sky Advance Choices Corp. 

 Sky Advance, LLC 

 First Airborne Service Trading Corp., d/b/a Fast Solutions, L’Nature 

 Lab, Movil English F.A.S.T, Molding Motion 5 First 

 Airborne 

 Hispanic Network Connections, LLC, d/b/a Lo Vi En TV 

 Fast Solutions Plus Corp. 

 Grand Team Service Corp. 

 Maria Elizabeth Vera 

 Rafael Martin Hernandez 

 Roberto Carrasco Macedo 

 Maria Gisella Macedo 

Assigned Attorneys: Michelle L. Schaefer (BCP/ENF) 

Alleged Conduct: Unfair and deceptive practices in violation of Sections 5(a) and 12 of the 

FTC act in connection with the sale of purported weight loss products. 

Status: Complaint filed 6/2/14. 

 TRO entered 6/2/14. 

 Preliminary injunction order entered 7/1/14. 

 Stipulated order for permanent injunction and monetary judgment against 

 Fast Solutions Plus Corp., First Airborne Service Trading Corp., Gold 

 Lead USA Corporation, Hispanic Global Way Venez I Corp., 

 Hispanic Global Way, Corp., Hispanic Global Way LLC, Hispanic 

 Network Connections LLC, Sky Advance Choices Corp., Sky 

 Advance LLC, Maria Elizabeth Vera, Maria Gisella Carrasco, and 

 Rafael Martin Hernandez entered 3/4/15. 

 Motion for default judgment against Grand Team Service Corp. and Roberto 

 Carrasco Macedo filed 3/11/15. 

 Judgment by default and permanent injunction against Grand Team 

 Service Corp. and Roberto Carrasaco Macedo entered 3/13/15. 

 

 
36 

FTC v. HOLD BILLING SERVICES, LTD., No. 5:98-CV-00629-FB (W.D. Tex.) 

Parties: Hold Billing Services, Ltd. 

HBS, Inc. 

Avery Communications, Inc. 

Veterans of America Association, Ltd. 

Thomas M. Lyons 

Keith C. Calil 

Milford H. Balaban 

Billings Services Group Limited (Contempt Defendant) 

Billing Services Group North America, Inc. (Contempt Defendant) 

HBS Billing Services Company (Contempt Defendant) 

Enhanced Billing Services, Inc.(Contempt Defendant) 

Billing Concepts, Inc. (Contempt Defendant) 

ACI Billing Services, Inc. (Contempt Defendant) 

Assigned Attorneys: Douglas Wolfe (BCP/ENF) 

Alleged Conduct: Unfair and deceptive billing practices in cramming bills for services upon 

telephone line subscribers in sweepstakes promotion. 

Status: Complaint filed 7/15/98. 

Stipulated final judgments entered 9/22/99.

Contempt motion against Billings Services Group Limited, Billing 

Services Group North America, Inc., HBS Billing Services Company, 

Enhanced Billing Services, Inc., Billing Concepts, Inc., and ACI 

Billing Services, Inc. filed 3/28/12; contempt defendants’ oppositions 

filed 4/30/12; Commission’s reply filed 5/15/12. 

Order conditionally granting Commission’s motion for order to show cause 

regarding contempt entered 3/26/13; further proceedings, including 

resolution of the contempt motion, referred to Magistrate Judge. 

Order referring case to mediation entered 7/8/13; mediation completed by 

9/18/13. 

Evidentiary hearing held 11/4/13 to 11/14/13. 

Report and recommendation of magistrate judge to grant in part 

Commission’s motion for contempt entered 3/27/14. 

FTC v. HOME RELIEF FOUNDATION, INC., No. 1:14-cv-652 (W.D. Tex.) 

Parties: Home Relief Foundation, Inc. d/b/a National Home Retention 

 John Dicristofalo 

 Josephine Amanda Dicristofalo 

Assigned Attorneys: Emily B. Robinson (SWR) 

 Luis H. Gallegos 
37 

Alleged Conduct: Violations of Section 5 of the FTC Act and the Mortgage Assistance Relief 

 Services Rule in connection with the marketing and sale of mortgage 

 assistance relief services. 

Status: Complaint filed 7/14/14. 

 Preliminary injunction entered 7/18/14. 

 Stipulated order for permanent injunction and monetary judgment 

entered 3/6/15. 

 

FTC v. IAB MARKETING ASSOCIATES, LP, No. 12-16265 (11th Cir.); No. 3:14-cv-00458-L 

 (N.D. Tex.); No. 0:12-CV-61830 (S.D. Fla.)

Parties: IAB Marketing Associates 

Independent Association of Businesses 

Healthcorp International, Inc. 

JW Marketing Designs, LLC 

International Marketing Agencies LP 

International Marketing Management, LLC 

Wood, LLC 

Health Services Providers, Inc. 

Magnolia Technologies Corporation 

Fav Marketing Inc. 

James C. Wood 

James J. Wood 

Michael J. Wood 

Gary D. Wood 

Roy D. Hamilton 

Judy M. Hamilton 

Magnolia Health Management Corporation 

Tressa K. Wood (Relief Defendant) 

Avis S. Wood (Relief Defendant) 

Assigned Attorneys: Dotan Weinman (MWR) 

Patricia Hsue 

Jack Metzler (OGC) 

 

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

Telemarketing Sales Rule in connection with the advertising, marketing and 

sale of healthcare insurance. 

Status: Complaint filed 9/18/12.

TRO as to all defendants entered 9/18/12.

Preliminary injunctions entered 10/9/12. 

Notice of appeal of preliminary injunction by IAB Marketing Associates and 
38 

other defendants filed 12/3/12. 

 Stipulated final order as to Health Service Providers, Inc., Magnolia 

 Technologies Corporation, Fav Marketing Inc., Magnolia Health 

 Management Corporation, Roy D. Hamilton, and Judy M. Hamilton

 entered 2/19/13. 

Commission’s amended complaint adding two relief defendants filed 

3/4/13. 

Motion to dismiss the amended complaint filed by IAB defendants and 

relief defendant Tressa Wood filed 4/8/13; FTC’s response filed 

4/22/13. 

Appellant’s brief filed 3/8/13; Commission’s responsive brief filed 5/10/13; 

appellants’ reply brief filed 5/28/13. 

Motion by IAB defendants and relief defendant Tressa Wood to transfer 

venue to the Northern District of Texas filed 6/3/13; Commission’s 

opposition filed 6/20/13. 

Motion by defendant Gary Wood to transfer venue to the Northern District of 

Texas filed 7/2/13; Commission’s opposition filed 7/15/13; 

defendant’s reply filed 7/22/13. 

Order denying motion to dismiss entered 8/21/13. 

Order stating that the asset freeze and preliminary injunction also apply to the 

relief defendants entered 9/16/13. 

Order denying IAB defendants’ motion to dismiss entered 11/8/13. 

Motion for summary judgment by Avis Wood filed 11/11/13; Commission’s 

opposition filed 11/27/13; reply filed 12/5/13. 

Motion for summary judgment by Commission filed 11/11/13; opposition 

filed 12/10/13; reply brief filed 12/20/13. 

Motion to transfer venue to the Northern District of Texas granted 2/6/14. 

Oral arguments in the 11th Circuit held 2/27/14. 

Opinion by 11th Circuit upholding preliminary injunction entered 3/27/14. 

Stipulated final order for monetary judgment as to relief defendant Avis S. 

Wood entered 8/7/14. 

Stipulated final order for permanent injunction and monetary judgment as to 

defendants IAB Marketing Associates, LP, Independent Association 

of Business, HealthCorp International, Inc., JW Marketing designs, 

LLC, International Marketing Agencies, LP, International Marketing 

Management, LLC, Wood, LLC, James C. Wood, James J. Wood, 

Michael W. Wood, Gary D. Wood, and relief defendant Tressa K. 

Wood entered 10/10/14. 

FTC v. IDEAL FINANCIAL SOLUTIONS, No. 2:13-CV-00143 (D. Nev.) 

Parties: Ideal Financial Solutions, Inc. 

 Ascot Crossing, LLC 

 Bracknell Shore, Ltd. 

 Chandon Group, Inc. 
39 

 Avanix, LLC 

 Fiscal Fitness, LLC 

 Steven Sunyich 

 Michael Sunyich 

 Christopher Sunyich 

 Shawn Sunyich 

 Melissa Sunyich Gardner 

 Kent Brown 

 Shane Mosher 

 Jared Mosher 

 Thomas W. McNamara 

Assigned Attorneys: Megan Bartley (BCP/ENF) 

 Richard Michael Waller 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 in connection with a 

scheme to debit and charge consumers without authorization. 

Status: Complaint filed 1/28/13. 

 TRO entered 1/30/13. 

 Preliminary injunction entered 2/15/13. 

 FTC’s amended complaint and motion for preliminary injunction and asset 

 freeze against Jared Mosher filed 4/10/13. 

 Preliminary injunction and asset freeze against Jared Mosher entered 5/10/13. 

 Settlement agreement between the Commission and Shawn Sunyich filed 

 3/12/14. 

 Commission’s motion for summary judgment filed 3/19/14. 

 Consent judgment and permanent injunction against defendants Kent Brown 

 and Shawn Sunyich entered 6/5/14. 

 Clerk’s entry of default against Ascot Crossing, LLC, Avanix, LLC, 

 Bracknell Shore, Ltd., Chandon Group, Inc., Fiscal Fitness, LLC, 

 and Ideal Financial Solutions entered 6/6/14. 

FTC v. INBOUND CALL EXPERTS, LLC, No. 9:14-cv-81395 (S.D. Fla.) 

Parties: Inbound Call Experts, LLC 

 Advanced Tech Supportco, LLC 

 PC Vitalware, LLC 

 Super PC Support, LLC 

 Robert D. Deignan 

 Justin M. Wright 

 PC Cleaner, Inc. 

 Netcom3 Global, Inc. 

 Netcom3, Inc. 

 Cashier Myricks, Jr. 
40 

 Paul M. Herdsman 

Assigned Attorneys: Colleen B. Robbins (BCP/MP) 

 Emily C. Burton 

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

Telemarketing Sales Rule in connection with the marketing, advertising, and 

sale of computer security or technical support services. 

Status: Complaint filed 11/10/14. 

 TRO entered 11/12/14. 

 Order granting preliminary injunction entered 12/23/14. 

 Trial scheduled for 5/2/16. 

FTC v. INSTANT RESPONSE SYSTEMS, LLC, No. 1:13-CV-00976 (E.D.N.Y.) 

Parties: Instant Response Systems, LLC 

 B.B. Mercantile, Ltd. 

 Medical Alert Industrial 

 Medical Alert Services 

 Jason Abraham 

 

Assigned Attorneys: Arturo DeCastro (BCP/MP) 

 Paul Spelman 

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

Telemarketing Sales Rule, and the Unauthorized Merchandise Statute in 

connection with unsolicited calls to elderly consumers to sell medical alert 

services. 

Status: Complaint filed 2/25/13. 

 TRO entered 2/25/13. 

 Preliminary injunction entered 3/18/13. 

 Default judgment against defendant Instant Response Systems entered 

 1/31/14. 

 Commission’s motion for summary judgment filed 6/6/14; Jason Abraham’s 

 motion to strike filed 7/24/14; Commission’s reply in support of 

motion for summary judgment filed 8/15/14; Jason Abraham’s 

informational supplement to motion to strike filed 12/10/14; 

Commission’s reply in opposition to informational supplement of 

Abraham filed 12/15/14. 

 
41 

FTC v. IVY CAPITAL, INC., No. 13-16052 (9th Cir.); No. 2:11-CV-00283 (D. Nev.) 

Parties: Ivy Capital Inc. Virtual Profit, LLC 

Fortune Learning Systems, LLC. Dream Financial 

Fortune Learning, LLC. ICI Development Inc. 

Vianet, Inc. Ivy Capital, LLC 

Enrich Wealth Group, LLC Logic Solutions, LLC 

Business Development Div., LLC Oxford Debts Holdings, LLC 

Nevada Credit Division, LLC Revsynergy LLC 

Corporate Credit Division, LLC Sell IT Vizions, LLC

Tax Planning Division, LLC Kyle Kirchbaum

Zyzac Commerce Solutions, Inc. John Harrison

The Shipper, LLC Steven Lyman 

3 Day MBA, LLC Benjamin Hoskins 

Global Finance Group, LLC Christopher Zelig

Steven Sonnenberg James Hanchett

Joshua Wickman Cherrytree Holdings, LLC

Oxford Financial, LLC S&T Time, LLC

Virtucon LLC Curva, LLC

Mowab, Inc Keirsten Kirschbaum 

Melyna Harrison Tracy Lyman 

Leanne Hoskins 

Assigned Attorneys: Emily Burton (BCP/MP)

Shameka Gainey 

Leslie Melman (OGC) 

Burke W. Kappler 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 and the Telemarketing 

Sales Rule in connection with the marketing and sale of get rich quick 

programs and the billing of consumers’ accounts. 

Status: Complaint filed 2/22/11 

TRO entered 2/22/11. 

Preliminary injunction entered 3/25/11. 

Default as to defendants Business Development Division, LLC, Corporate 

 Credit Division, LLC, Credit Repair Division, LLC, Nevada 

Corporate Division, Inc., and Tax Planning Division, LLC entered 

4/4/11.

Motion for summary judgment by Defendant Benjamin Hoskins filed 

8/8/12; Commission’s response filed 9/18/12.

Motion for summary judgment by Defendant Leanne Hoskins filed 

9/12/12. 

Commission’s motion for summary judgment filed 9/12/12. 

Stipulated final judgment and order for permanent injunction as to 30 

defendants and relief defendants entered 12/20/12. 
42 

Order granting summary judgment entered 3/26/13. 

Notice of appeal by Ben Hoskins, Dream Financial, Leanne Hoskins, and 

Oxford Financial filed 5/23/13. 

Order holding appeal in abeyance until post-judgment motion in district court 

is resolved entered 5/29/13. 

Order granting FTC’s motion for default judgment against Business 

Development Division, Corporate Credit Division, Credit Repair 

Division, and Tax Planning Division entered 6/26/13. 

Final judgment and order for permanent injunction and monetary relief 

entered 7/5/13. 

Amended notice of appeal filed 7/10/13. 

 Appellant’s brief filed 12/16/13; Commission’s answering 

 brief filed 2/21/14; appellant’s reply brief filed 3/28/14. 

 

FTC v. JEREMY JOHNSON, Nos. 11-17265, 11-17267, 12-15778, 12-16213, 13-15768, 13- 

 15778, 13-15822 (9th Cir.); No. 2:10-CV-02203 (D. Nev.) 

Parties: Jeremy D. Johnson Anthon Holdings Corp. 

Big Bucks Pro, Inc. Blue Net Progress, Inc. 

Blue Streak Progressing, Inc. Bolt Marketing, Inc. 

Bottom Dollar, Inc. Bumble Marketing, Inc. 

Business First, Inc. Business Loan Success, Inc. 

CPA Upsell, Inc. CS Processing, Inc. 

Cloud Nine Marketing, Inc. Cold Bay Media, Inc. 

Costnet Discounts, Inc. Cutting Edge Processing, Inc. 

Diamond J Media, Inc. EBusiness First, Inc. 

Ebusiness Success, Inc. Elite Debit, Inc. 

Employee Plus, Inc. Excess Net Success, Inc. 

Duane Fielding Fiscal Fidelity, Inc. 

Fitness Processing, Inc. Funding Search Success, Inc. 

Funding Success, Inc. GG Processing, Inc. 

GGL Rewards, Inc. Highlight Marketing, Inc. 

Hooper Processing, Inc. I Works, Inc. 

Internet Business Source, Inc. Internet Economy, Inc. 

Internet Fitness, Inc. JRB Media, Inc. 

Jet Processing, Inc. Andy Johnson 

Loyd Johnston Scott Leavitt 

Lifestyles for Fitness, Inc. Market Funding Solutions, Inc. 

Mist Marketing, Inc. Money Harvest, Inc. 

Monroe Processing, Inc. Scott Muir 

Net Business Success, Inc. Net Commerce, Inc. 

Net Discounts, Inc. Net Fit Trends, Inc. 

Net Success, Inc. Network Agenda, LLC 

Optimum Assistance, Inc. Bryce Payne 

Kevin Pilon Power Processing, Inc. 
43 

Premier Performance, Inc. Pro Internet Services, Inc. 

Razor Processing, Inc. Rebate Deals, Inc. 

Revive Marketing, Inc. Ryan Riddle 

Simcor Marketing, Inc. Terrason Spinks 

Success Marketing, Inc. Summit Processing, Inc. 

Tran Voyage, Inc. TranFirst, Inc. 

Unlimited Processing, Inc. Xcel Processing, Inc. 

eCom Success, Inc. 

Assigned Attorneys: Collot Guerard (BCP/MP) 

J. Ronald Brooke 

Burke Kappler (OGC) 

Alleged Conduct: Deceptive acts and practices in violation of Section 5, the Electronic Fund 

Transfer Act, and Regulation E in connection with the advertisement of 

government grants and money-making opportunities. 

Status: Complaint filed 12/21/10. 

TRO and asset freeze entered 1/13/11. 

Preliminary injunction entered 2/10/11. 

Notice of interlocutory appeal by defendant Jeremy Johnson (Appeal No. 

 11-17265) filed 9/22/11; dismissed 6/27/12. 

Notice of interlocutory appeal by defendants Duane Fielding, Anthon 

 Holdings Corp., and Network Agenda, LLC (Appeal No. 11- 

 17265) filed 9/23/11; dismissed on appellant’s motion 11/17/11. 

Notice of appeal of order granting first omnibus motion for sale (Appeal 

 No. 12-15778) filed 4/6/12; appellant’s opening brief due but 

 not filed 7/16/12; dismissed by 9th Cir. 11/5/12. 

Notice of appeal of order granting receiver’s motion for fees (Appeal No. 

 12-16213) filed 5/21/12; appellant’s opening brief due but not 

 filed 9/7/12. 

Appeal dismissed for failure to prosecute, 12/20/12. 

Notices of appeal of order clarifying preliminary injunction (Nos. 13- 

 15768 and 13-15778) filed 4/18/13 and 4/19/13; appeals consolidated 

 and appellants’ opening brief filed 5/17/13; Commission’s responsive 

 brief filed 6/28/13; reply brief filed 7/15/13. 

 Notice of appeal (No. 13-15822) filed 4/24/13; appellants’ opening brief filed 

 6/26/13; Commission’s answering brief filed 8/7/13. 

Motion for summary judgment against all liability and relief defendants filed 

11/26/13. 

Motion for partial summary judgment by relief defendants filed 11/29/13. 

Voluntary dismissal of appeal 13-15822 entered 1/21/14. 

Oral argument in appeals 13-15768 and 13-15778 held 2/3/14. 

Stipulated final order for permanent injunction against defendants Big Bucks 

 Pro, Inc., Blue Net Progress, Inc., Bolt Marketing, Inc., Business 

Loan Success, Inc., CS Processing, Inc., GGL Rewards, Inc., 
44 

Highlighting Marketing, Inc., Mist Marketing, Inc., Net Discounts, 

Inc., Optimum Assistance, Inc., Razor Processing, Inc., Simcor 

Marketing, Inc., and Scott Muir entered 4/7/14. 

Decision by the Ninth Circuit affirming the district court’s ruling that certain 

assets nominally owned by nonparties are subject to the preliminary 

injunction and asset freeze entered 4/8/14. 

Order granting in part and denying in part Commission’s motion for 

summary judgment entered 3/31/15. 

FTC v. JOHN BECK AMAZING PROFITS, LLC, No. 12-56665 (9th Cir.); 2:09-CV-04719 

(C.D. Cal.) 

Parties: John Beck Amazing Profits, LLC 

John Alexander, LLC 

Jeff Paul, LLC, d/b/a Shortcuts to Millions, LLC 

Mentoring of America, LLC 

Family Products, LLC 

Douglas Gravink 

Gary Hewitt 

John Beck 

John Alexander 

Jeff Paul 

Assigned Attorneys: John D. Jacobs (WRLA) 

Stacy R. Procter 

Christina Tusan 

Evan Rose (WRSF) 

Kenneth H. Abbe 

Matthew Gold 

Jack Metzler (OGC) 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 and the Telemarketing 

Sales Rule in connection with the marketing and sale of get rich quick 

programs and the billing of consumers’ accounts. 

Status: Complaint filed 6/30/09. 

Preliminary injunction entered 11/17/09. 

Motion for order to show cause why defendants Jeff Paul, Family 

Products, LLC, Mentoring of America, LLC, Gary Hewitt, and Douglas 

Gravink should not be held in contempt of the preliminary injunction 

filed 5/19/11; opposition filed 6/1/11; reply filed 6/8/11; 

Order granting motion to show cause entered 7/21/11; supplemental response 

by defendants filed 8/15/11; Commission’s objection filed 8/24/11. 

Commission’s motion for summary judgment filed 8/15/11; defendants’ 

opposition filed 9/24/11; Commission’s reply filed 10/11/11. 
45 

Order granting Commission’s motion for summary judgment and ordering 

supplemental briefing on scope of injunctive relief and monetary 

damages entered 4/20/12; Commission’s brief filed 5/7/12; 

defendants’ response brief filed 5/14/12; Commission’s reply brief 

filed 5/21/12. 

Final order granting permanent injunction and other equitable relief entered 

8/23/12. 

Defendant Beck’s notice of appeal filed 9/7/12. 

Defendant Beck’s motion for a stay pending appeal filed 10/9/12; denied 

10/9/12. 

Appellant’s brief filed 2/19/13; Commission’s responsive brief filed 4/18/13; 

reply brief filed 5/2/13. 

Oral argument held 2/9/15. 

FTC v. LANIER LAW, LLC, No. 15-11263 (11th Cir.); No. 3:14-cv-786 (M.D. Fla.) 

Parties: Lanier Law, LLC 

 Fortress Law Group, LLC 

 Surety Law Group, LLC 

 Liberty & Trust Law Group of Florida, LLC 

 Michael W. Lanier 

 

Assigned Attorneys: Harold E. Ktiz (SERA) 

 Marcela C. Mateo 

Alleged Conduct: Violations of Section 5 of the FT Act and the Mortgage Assistance Relief 

 Services Rule in connection with the marketing and sale of mortgage 

 assistance relief services. 

Status: Complaint filed 7/8/14. 

 Ex parte TRO entered 7/11/14. Converted to preliminary injunction with 

 asset freeze entered 8/1/14. 

 Motion to dismiss complaint entered 8/26/14; opposition to motion 

 entered 9/4/14. 

 Motion for preliminary injunction entered 10/31/14. 

 Amended complaint against all defendants entered 12/22/14. 

 Motion to dismiss amended complaint entered 1/13/15. 

 Order granting preliminary injunction entered 2/6/15. 

 Notices of appeal of Rogelio Robles and Edward Rennick 

 concerning preliminary injunction filed 3/20/15 and 3/23/15. 

 
46 

FTC v. LASAROW, No. 1:15-cv-1614 (N.D. Ill.) 

Parties: Avrom Boris Lasarow 

 L Health Ltd. 

 Kristi Z. Kimball 

 New Consumer Solutions, LLC 

Assigned Attorneys: Karen J. Mandel (BCP/AP) 

 Guy G. Ward 

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

Act in connection with the marketing of mobile device software applications 

called Mole Detective for the purported detection of melanoma. 

Status: Complaint filed 2/23/15. 

FTC v. LEANSPA LLC, No. 13-653 (2d Cir.); No. 3:11-CV-01715 (D. Conn.) 

Parties: LeanSpa, LLC 

NutraSlim, LLC 

NutraSlim U.K. LTD 

Boris Mizhen 

Leadclick Media, Inc. 

Richard Chiang 

Angelina Strano, Relief Defendant 

CoreLogic, Inc., Relief Defendant 

Assigned Attorneys: Darren Lubetzky (NER) 

 Michael Bergman (OGC) 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 and the Electronic 

 Fund Transfer Act in connection with the advertising, marketing, 

 promotion, offering for sale, or sale of weight-loss and related health 

 products through various websites. 

Status: Complaint filed 11/07/11. 

TRO granted in part 11/14/11. 

Preliminary injunction entered 11/22/11.

Amended complaint filed 7/26/12. 

Motion for preliminary injunction against defendant Richard Chiang and 

relief defendant Angelina Strano filed 9/11/12; opposition by 

Angelina Strano filed 11/15/12; Commission’s reply filed 

11/29/12. 

Motion for stipulated preliminary injunction against Richard Chiang filed 

11/15/12. 
47 

Preliminary injunction against Richard Chiang entered 1/17/13. 

Preliminary injunction against relief defendant Angelina Strano entered 

1/29/13. 

Second amended complaint filed 2/19/13. 

Notice of appeal by relief defendant Angelina Strano filed 2/21/13. 

Appellant Strano’s opening brief filed 4/22/13; Commission’s brief filed 

5/28/13; appellant Strano’s reply brief filed 6/11/13. 

 Oral argument heard 6/18/13. 

 Summary order and judgment by court of appeals affirming preliminary 

injunction order against Angelina Strano issued 6/20/13. 

Commission’s motion for leave to amend complaint to add CoreLogic, Inc. 

as relief defendant filed 6/10/13; defendant Leadclick Media’s 

response filed 7/1/13; Commission’s reply filed 7/15/13; order 

granting motion to amend complaint entered 8/28/13. 

Joint motion for entry of stipulated order for permanent injunction and 

monetary judgment as to defendants LeanSpa, LLC, NutraSlim, LLC, 

NutraSlim U.K., Ltd. (also d/b/a LeanSpa U.K., Ltd.) and Boris 

Mizhen and relief defendant Angelina Strano filed 12/23/13. 

Stipulated order for permanent injunction and monetary judgment as to 

defendants LeanSpa, LLC, NutraSlim, LLC, NutraSlim, U.K., Ltd, 

 and Boris Mizhen, and relief defendant Angelina Strano 

 entered 1/7/14. 

 Commission’s motion for summary judgment against LeadClick and relief 

 defendant CoreLogic filed 5/5/14; LeadClick’s motion for summary 

 judgment filed 5/5/14; CoreLogic’s motion for summary judgment 

 filed 5/5/14; Commission’s opposition to defendants’ motions 

 filed 5/27/14; defendants’ oppositions to Commission’s motion 

 filed 6/10/14. 

 Judgment entered in favor of the Commission and State of Connecticut 

 granting summary judgment against CoreLogic Inc. and 

LeadClick Media Inc. entered 3/6/15. 

 

FTC v. MDK MEDIA, INC. No. 2:14-cv-5099 (C.D. Cal.) 

Parties: MDK Media, Inc. 

 Bear Communications, LLC 

 Makonnen Demessow Kebede 

 Tendency Media, LLC 

 Sarah Brekke 

 Mindkontrol Industries, LLC 

 Christopher Thomas Denovellis 

 Anacapa Media, LLC 

 Wayne Calvin Byrd, LLC 

 James Matthew Dawson 

 Network One Commerce, Inc. 
48 

 Casey Lee Adkisson 

 Erdi Development, LLC 

 Erdolo Ley Eromo 

 Ocean Tactics, LLC 

 Fraser R. Thompson 

 Phwoar, LLC 

 Darcy Michael Wedd 

 Concise Consulting, Inc. 

 Mmjx Consulting, Inc. 

 Michael Peter Pajaczkowski 

Assigned Attorneys: Faye C. Barnouw (WRLA) 

 Marciela Segura 

 Barbara Y K Chun 

 Nicholas M. May 

Alleged Conduct: Unfair and deceptive practices in violation of Section 5 of the FTC Act in 

connection with placing unauthorized third-party charges on consumers’ 

mobile phone bills, or “cramming.” 

Status: Complaint filed 7/3/14. 

 TRO entered 7/3/14. 

 First amended complaint filed 10/6/14. 

 Motion to dismiss and motion to strike portions of complaint filed 11/7/14; 

 opposition filed 11/17/14; reply filed 11/24/14; motion denied 

 12/4/14. 

FTC v. MIDWAY INDUSTRIES, LLC, No. 1:14-cv-2312 (D. Md.) 

Parties: Midway Industries, LLC d/b/a Midway Industries of Delray Beach, LLC 

 Commercial Industries, LLC d/b/a State Electric & Power, LLC, d/b/a 

 Commercial Industries of Palm Beach, LLC 

 National, LLC d/b/a National Lighting & Maintenance d/b/a National and 

 National of Delray Beach, LLC 

 State Power & Lighting, LLC 

 Essex Industries, LLC 

 Johnson Distributing, LLC, d/b/a Johnson Distributing MD d/b/a Johnson 

 Distributors 

 Hansen Supply, LLC 

 Environment Industries, LLC 

 Mid Atlantic Industries, LLC 

 B & E Industries, LLC 

 Eric A. Epstein 

 Brian K. Wallen 

 Midway Management, LLC 
49 

Assigned Attorneys: Amy C.Hocevar (ECR) 

 Harris A. Senturia 

 Marci Fredrick 

Alleged Conduct: Violations of Section 5 of the FTC Act, the Telemarketing Sales Rule and the 

Unordered Merchandise Statute in connection with sale of light bulbs and 

cleaning supplies. 

Status: Complaint filed 7/21/14. 

 TRO entered 7/21/14. 

 Order granting preliminary injunction with continued appointment of 

 receiver, asset freeze, and accounting entered 10/29/14. 

 

FTC v. MONEY NOW FUNDING LLC., No. 2:13-cv-1583 (D. Ariz)

Parties: Money Now Funding LLC, a/k/a Cash4Businesses, a/k/a 

CashFourBusinesses 

Rose Marketing LLC 

Depaola Marketing LLC 

Affiliate Marketing Group LLC 

Legal Doxs LLC, a/k/a First Business LLC` 

US Doc Assist LLC, a/k/a First Business LLC 

Affinity Technologies LLC 

Marketing Expert Solutions LLC 

Lukeroy K Rose, a/k/a Luke Rose 

Cordell Bess, a/k/a Blaine Thompson d/b/a JJB Marketing 

Solana Depaola 

Jennifer Beckman 

William D. Claspell, a/k/a Bill Claspell 

Richard Frost, a/k/a Richard Strickland 

Dino Mitchell, a/k/a Dino Jones 

Clinton Rackley a/k/a Clinton Fosse 

Lance Himes, a/k/a Raymond Homes, a/k/a Lance Haist 

Leary Darling 

Donna Duckett, d/b/a D&D Marketing Solutions 

Della Frost, d/b/a ZoomDocs LLC 

Christopher Grimes, d/b/a Elite Marking Strategies 

Alannah M Harre, d/b/a National Marketing Group 

Ronald W. Hobbs, d/b/a Ron Hobbs & Associates, d/b/a Sales Academy 

USA LLC 

Janine Lilly, d/b/a Doc Assistant 

Michael Mcintyre, d/b/a McIntyre Marketing 

Benny Montgomery, d/b/a Montgomery Marketing 

Virginia Rios, d/b/a V&R Marketing Solutions 
50 

Kendrick Thomas, d/b/a KT Advertising 

Global Network Marketing, LLC 

Precise Payroll Services, LLC 

Strategic Media Advertising, LLC 

Cynthia Miller, individually and as manager of Global Network Marketing 

and Precise Payroll Services, LLC, a/k/a Cynthia Metcalf 

Assigned Attorneys: Janet Ammerman (BCP/MP) 

Rhonda Perkins 

James Evans (BCP/AP) 

Alleged Conduct: Violations of Section 5(a) of the FTC Act, the Business Opportunity Rule, 

and the Telemarketing Sales Rule concerning a telemarketing scheme 

offering consumers business opportunities under a variety of names. 

Status: Complaint filed 8/5/13. 

TRO entered 8/5/13. 

Preliminary injunction order entered 8/19/13. 

Preliminary injunction as to defendants Cordell Bess, Clinton Rackley and 

Ronald Hobbs entered 9/13/13. 

Motion to hold defendants Lukeroy Rose, Cordell Bess, Ronald Hobbs, 

Clinton Rackley, Della Frost, Richard Frost, Donna Duckett, Janine 

Lilly, and Dino Mitchell in contempt filed 10/18/13. 

Amended complaints adding defendants Cynthia Miller, Global Network 

Marketing, LLC, Prices Payroll Services, LLC, and Strategic Media 

Advertising, LLC filed 1/9/14. 

Preliminary injunction modified 2/13/14. 

Preliminary injunction order with asset freeze and other equitable relief as to 

defendants Cynthia Miller, Global Network Marketing, LLC, and 

Precise Payroll Service, LLC entered 4/28/14. 

Default as to Global Network Marketing, LLC, Cynthia Miller, Precise 

Payroll Services, LLC, and Strategic Media Advertising, LLC entered 

4/30/14. 

Second motion to hold defendant Lukeroy Rose in contempt filed 6/10/14. 

Order holding defendant Lukeroy Rose in civil contempt of preliminary 

 Injunction entered 8/27/14. 

Motion to strike defendant Benny Montgomery’s answer to complaint filed 

11/21/14. 

Order granting motion to strike defendant Benny Montgomery’s answer and 

directing clerk to enter default against Benny Montgomery entered 

12/10/14. 

Motion for summary judgment against defendants Lukeroy Rose, Solana 

DePaola, Lance Himes, Leary Darling, Jennifer Beckman, William 

Claspell and Clinton Rackley filed 12/15/14. 

Application for entry of default as to Montgomery filed 12/17/14. 
51 

Motion to stay all further proceedings as to defendants Himes and Claspell 

until 4/27/15 filed 1/13/15. 

Motion to stay all further proceedings as to defendant Jennifer Beckman until 

4/27/15 filed 1/20/15. 

Order granting stay until 4/27/15 as to defendants Beckman, Himes and 

Claspell entered 1/21/15. 

Motion to stay all further proceedings as to defendant Solana DePaola until 

4/27/15 filed 2/11/15. 

Order granting stay until 4/27/15 as to defendant Solana DePaola entered 

2/12/15. 

Order granting in part summary judgment against defendants Rose, Darling 

and Rackley entered 3/17/15. 

FTC v. MORTGAGE RELIEF ADVOCATES, LLC, No. 2:14-cv-5434 (C.D. Cal.) 

Parties: Mortgage Relief Adovacates, LLC 

 National Forensic Loan Audit Services, LLC 

 Evertree, LLC 

 Key Stone real Estate, LLC 

 Pablo Rodriguez 

 Michael Rodriguez 

Assigned Attorneys: Christian V. Tusan (WRLA) 

 Jason D. Schall (BCP/FP) 

 Yaa A. Apori 

Alleged Conduct: Violations of Section 5 of the FTC Act and the Mortgage Assistance Relief 

 Services in connection with the marketing and sale of mortgage assistance 

 relief services. 

Status: Complaint filed 7/14/14. 

 Preliminary injunction entered 8/22/14. 

 Commission’s motion for summary judgment as to all claims 

 filed 3/27/15. 

 

 

FTC v. MYTEL INTERNATIONAL, INC., No. 2:87-cv-07259 (C.D. Cal.) 

Parties: Mytel International, Inc. 

 Gilbert N. Michaels 

 Gerald Feldman 

 

Assigned Attorneys: Elsie B. Kappler (BCP/ENF) 

 Reenah L. Kim 

 John D. Jacobs (WRLA) 
52 

 Mark S. Hegedus (OGC) 

 

Alleged Conduct: Violation of 1988 permanent injunction order regarding deceptive acts and 

 Practices in connection with the sale of photocopier toner. 

Status: Complaint filed 10/29/87. 

 Final judgment entered 11/16/88. 

 Commission’s motion for contempt filed 4/17/14. 

 Defendants motion to stay filed 6/16/14. 

 Order granting stay entered 11/6/14. 

 

FTC v. NATIONAL CHECK REGISTRY, No. 1:14-cv-0490 (W.D.N.Y) 

Parties: National Check Registry, LLC 

 Check Systems, LLC 

 American Mutual Holdings, Inc. 

 Goldberg Maxwell, LLC 

 Morgan Jackson, LLC 

 Mullins & Kane, LLC 

 Buffalo Staffing, Inc. 

 ECapital Services, LLC 

 Joseph C. Bella, III 

 Diane L. Bella 

 Luis A. Shaw 

 Interchex Systems, LLC 

Assigned Attorneys: Colin A. Hector (BCP/FP) 

Nikhil Singhvi 

Thomas J. Widor 

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the Fair Debt Collection 

 Practices Act in connection with abusive and deceptive debt collection 

 practices. 

Status: Complaint filed 6/23/14. 

 TRO entered 6/24/14. 

 Stipulated preliminary injunction entered 7/10/14. 

FTC v. NATIONAL UROLOGICAL GROUP, INC., No. 10-125 (S. Ct); Nos. 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. 
53 

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 

Leslie Melman (OGC) 

Amanda Basta (BCP/ENF) 

Alleged Conduct: Deceptive practices in violation of Sections 5 and 12 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. 

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

12/14/12; 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. 
54 

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 scheduled for 4/17/15. 

FTC v. NEOVI, INC., Nos. 12-56658, 12-56735, 09-55093 (9th Cir.); No. 3:06-CV-01952 (S.D. 

 Cal.) 

Parties: Neovi, Inc., d/b/a Neovi Data Corporation and Qchex.com 

G7 Productivity Systems, Inc., d/b/a Qchex.com 

James M. Danforth 

Thomas Villwock 

iProlog Corporation 

FreeQuick Wire Corporation 

Assigned Attorneys: Korin Ewing Felix (BCP/ENF) 

John D. Jacobs (WRLA) 

Leslie Melman (OGC) 

Jack Metzler 

Alleged Conduct: Unfair practices in violation of Section 5 in connection with the offering 

 and sale of online check services. 

Status: Complaint filed 9/19/06. 

Final order for permanent injunction and other equitable relief entered 

1/7/09. 

Notice of appeal by defendants filed 1/16/09. 

Motion for order to show cause why Thomas Villwock, James M. 
55 

Danforth, G7 Productivity Systems, Inc., iProlog Corporation, and 

FreeQuick Wire Corporation should not be held in contempt filed 

10/15/09. 

Order requiring Commission to show cause why contempt motion should 

not be dismissed entered 10/16/09; Commission’s response filed 

10/21/09 

Order by district court staying contempt proceedings pending appeal entered 

1/19/10. 

Opinion affirming district court order entered 5/14/10; amended 6/15/10. 

Contempt proceedings reopened 5/14/10. 

Final order finding defendants Neovi, Productivity Systems, Thomas 

Villwock, and James M. Danforth in contempt entered 7/11/12. 

Notice of appeal by defendants filed 9/7/12; Commission’s cross appeal 

filed 9/21/12. 

Order by the Ninth Circuit requiring defendants to show cause why 

appellate jurisdiction exists entered 9/24/12. 

 Commission’s memorandum on jurisdiction filed 10/24/13. 

 Order dismissing appeal for lack of appellate jurisdiction entered 1/22/13. 

 Contempt hearing in district court held 8/12/13. 

 Order finding that defendants failed to purge their noncompliance 

with court’s 1/7/09 final order, and granting them 

30 days to comply entered 1/10/14. 

 Commission’s motion to modify final order filed 2/10/14; defendant’s 

 opposition filed 3/6/14; Commission’s reply filed 3/13/14. 

 Order denying Commission’s motion to modify entered 8/25/14. 

 Commission’s renewed motion to modify final order filed 12/1/14. 

 

 

FTC v. NOURISHLIFE, No. 1:15-cv-93 (N.D. Ill.) 

Parties: Nourishlife, LLC 

Assigned Attorneys: Matthew Wernz (MWR) 

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

Act in connection with the labeling, advertising, marketing, distribution, and 

sale of children’s dietary supplements. 

Status: Complaint filed 1/7/15. 

 Stipulated order for permanent injunction entered 1/14/15. 

FTC v. NPB ADVERTISING, INC., No. 8:14-cv-1155 (M.D. Fla.) 

Parties: NPB Advertising, Inc., d/b/a Pure Green Coffee 

 Nationwide Ventures, LLC 
56 

 Olympus Advertising, Inc. 

 JMD Advertising, Inc. 

 Signature Group, LLC 

 Sermo Group, LLC 

 Nicholas Scott Congleton 

 Paul Daniel Pascual 

 Bryan Benjamin Walsh 

 Dylan Craig Loher (Relief Defendant) 

 CPW Funding, LLC (Relief Defendant) 

Assigned Attorneys: Elizabeth O. Tucci (BCP/AP) 

 Katherine A. Campbell 

 Mary L. Johnson 

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

connection with the sale and marketing of purported dietary supplement Pure 

Green Coffee. 

Status: Complaint filed 5/15/14. 

 Amended complaint filed 2/5/15. 

 Joint motion for entry of stipulated order concerning assets of 

 CPW Funding LLC filed 3/10/15. 

 Preliminary injunction and entry of stipulated order entered 3/23/15. 

 

FTC v. ONLINEYELLOWPAGESTODAY.COM, INC., No. 2:14-cv-0838 (W.D. Wash.) 

Parties: OnlineYellowPagesToday.com, Inc. 

 USYellowPageDirectory.com, Inc. 

 7703236 Canada, Inc. 

 7095333 Canada, Inc. 

 Oni Nathifa Julien 

Assigned Attorneys: Maxine R. Stansell (NWR) 

Alleged Conduct: Violations of Section 5(a) of the FTC Act in connection with deceptive 

 practices relating to internet business directories. 

Status: Complaint filed 6/9/14. 

 TRO entered 7/3/14. 

 Permanent injunction and monetary judgment as to defendant 

 Oni Nathifa Julien enter 3/10/15. 

 
57 

FTC v. PAIRSYS, INC., No. 1:14-cv-1192 (N.D. N.Y.) 

Parties: Pairsys, Inc. 

 Tiya Bhattacharya 

 Uttam Saha 

Assigned Attorneys: Gideon E. Sinasohn (SER) 

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

Telemarketing Sales Rule in connection with the sale of computer security 

services. 

Status: Complaint filed 9/30/14. 

 TRO entered 9/30/14. 

 Stipulated preliminary injunction order entered 10/9/14. 

 Clerk’s entry of default as to Pairsys, Inc. entered 12/22/14. 

 Bench trial set for 2/9/16. 

 

FTC v. PARTNERS IN HEALTH CARE ASSOCIATION, INC., No. 1:14-cv-23109 (S.D. Fla.) 

Parties: Partners in Health Care Association, inc. 

 Gary L. Kiper 

 United Solutions Group, Inc. d/b/a Debt Relief Experts, Inc. 

 Walter S. Vargas 

 Constanza Gomez Vargas 

 RBS Citizens Bank 

Assigned Attorneys: Gary L. Ivens (BCP/MP) 

 Christopher E. Brown 

Alleged Conduct: Violations of Section 5 of the FTC Act, the Telemarketing Sales Rule 

 regarding the deceptive marketing of medical discount cards. 

Status: Complaint filed 8/25/14. 

 TRO entered 8/25/14. 

 Preliminary injunction against Partners in Health Care Association and Gary 

 L. Kieper entered 9/8/14. 

 Stipulated preliminary injunction against defendants United Solutions Group, 

 Inc., Walter S. Vargas, and Constanza Gomez Vargas entered 

 9/11/14. 

 Motion for contempt as to Grumer & Macaluso, P.A. and Gary Kieper 

 entered 10/23/14; motion denied 2/5/15. 

 Trial set for 9/21/15. 

 
58 

FTC v. PHILIP DANIELSON, LLC, No. 2:14-cv-896 (D. Nev.) 

Parties: Philip Danielson, LLC 

 Foundation Business Solutions, LLC 

 Emerchant, LLC d/b/a Full Biz Solutions 

 Linden Financial Group, LLC 

 Acutus Law, P.C. 

 Direct Results Solutions, LLC 

 Strata G Solutions, LLC 

 Philip J. Danielson 

 Tony D. Norton 

 Sean J. Coberly 

 Tanya L. Hawkins a/k/a Tonya Hawkins 

 Chad E. Vansickle 

 Jennifer B. Danielson 

 April D. Norton 

Assigned Attorneys: Adam M. Wesolowski (BCP/FP) 

 Thomas J. Widor 

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

Mortgage Assistance Relief Services in connection with phony mortgage 

relief scheme. 

Status: Complaint filed 6/9/14. 

 TRO entered 6/23/14. 

 Stipulated preliminary injunction as to Linden Financial Group, LLC 

 entered 8/4/14. 

 Commission’s notice of voluntary dismissal of Jennifer B. Danielson 

 filed 8/19/14; order of dismissal entered 8/19/14. 

 Default as to Acutus Law. P.C. Sean J. Coberly, Philip J. Danielson, 

 Direct Results Solutions, LLC, Foundation Business Solution, LLC, 

 Tanya L. Hawkins, Linden Financial Group, LLC, April D. Norton, 

 Tony D. Norton, Philip Danielson, LLC, Strata G Solutions, LLC, 

 Chad E. Vansickle, emerchant, LLC entered 10/17/14. 

 Order modifying Preliminary Injunction as to Linden Financial Group 

 entered 1/9/15. 

 Stipulated Final Orders for Permanent Injunction and Monetary Relief as to 

 defendants Philip Danielson LLC, Philip J. Danielson, Direct Results 

 Solutions LLC, Strata G Solutions LLC, Tony D Norton, relief 

 defendant April D. Norton, Sean J. Coberly, Actus Law PC, 

 Tonya L. Hawkins, Foundation Business Solutions LLC, 

 emarchant LLC, and Chad E. VanSickle entered 2/6/15. 

 
59 

FTC v. PSC ADMINISTRATIVE, LLC, No. 1:15-cv-84 (S.D. Ala.) 

Parties: PSC Administrative, LLC, f/k/a Payday Support Center, LLC 

 Coastal Acquisitions, LLC 

 Jared Irby 

 Richard Hughes 

Assigned Attorneys: Kathryn M. Grajales (BCP/FP) 

 Miya Rahamim 

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the Telemarketing Sales Rule 

in connection with the deceptive marketing and sale of debt relief services. 

Status: Complaint filed 2/18/15. 

 Stipulated preliminary injunction entered 3/5/15. 

 

 

FTC v. SITESEARCH CORP., No. 2:14-cv-02750 (D. Ariz.) 

Parties: Sitesearch Corporation 

 LeapLab, LLC 

 Leads Company, LLC 

 John Ayers 

Assigned Attorneys: Amanda B. Kostner (BCP/ENF) 

 Richard M. Waller 

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

Act in connection with the sale of payday loan applications containing 

consumer personal and financial information. 

Status: Complaint filed 12/22/14. 

 Commission’s motion for entry of default as to Sitesearch filed 2/12/15. 

 Clerk’s entry of default as to Sitesearch Corporation entered 2/13/15. 

 

FTC v. SOLACE INTERNATIONAL, INC., No. 3:14-cv-00638 (D. Nev.) 

Parties: Solace International, Inc. 

 Aaron Lilly 

 Bioscience Research Institute, LLC 

Assigned Attorneys: Janet M. Evans (BCP/AP) 

 

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

Act in connection with the labeling, advertising, marketing, distribution, and 
60 

sale of DermaTend and Lipidryl. 

Status: Complaint filed 12/10/14. 

 Stipulated permanent injunction entered 12/11/14. 

FTC v. ST. LUKE’S HEALTH SYSTEM, LTD., No. 14-35173 (9th Cir.); No. 1:13-CV-00116 

 (D. Idaho) 

Parties: St. Luke’s Health System Ltd. 

 Saltzer Medical Group 

Assigned Attorneys: J. Thomas Greene (WRSF) 

 Danica Noble (NWR) 

 Robert J. Schroeder 

 Douglas Eugene Litvack (BC) 

 Henry Chao-Lon Su 

 Matthew Paul Accornero 

 Michael James Perry 

 Peter C. Herrick 

Joel Marcus-Kurn (OGC) 

Michael Bergman 

Alleged Conduct: Violation of Section 7 of the Clayton Act resulting from hospital system’s 

acquisition of physician group. 

Status: Complaint filed 3/12/13. 

 Case consolidated with Saint Alphonsus Medical Center – Nampa, Inc. v. 

St. Luke’s Health System, Ltd. (No. 1:12-CV-00560) on 3/19/13. 

Trial held 9/23/13 to 10/21/13. 

Closing argument held 11/7/13. 

 Final judgment entered 2/28/14. 

 Notice of appeal filed 3/7/14. 

 Motion for stay filed 3/4/14; Commission’s opposition to motion for 

 stay filed 3/28/14. 

 Appellants’ opening brief filed 6/12/14. 

Motion for stay denied by district court 6/18/14; temporary stay pending 

motion to Ninth Circuit entered 6/23/14. 

Motion for stay in Ninth Circuit filed 6/24/14; Commission’s opposition 

filed 7/7/14. 

 Commission’s answering brief due 8/13/14. 

 Oral argument held 11/19/14. 

 Opinion and Judgment affirmed entered 2/10/15. 

 Appellees’ motion to dissolve stay and expedite issuance of mandate filed 

 2/18/15; denied 3/4/15. 

 Appellants’ petition for panel rehearing and rehearing en banc 
61 

 filed 3/26/15. 

 

FTC v. SUN BRIGHT VENTURES, LLC, No. 5:14-cv-2153 (M.D. Fla.) 

Parties: Sun Bright Ventures, LLC 

 Citadel ID Pro, LLC 

 Benjamin Todd Workman 

 Trident Consulting Partners, LLC (relief defendant) 

 Glenn Erikson 

Assigned Attorneys: Russel Deitch (BCP/MP) 

 Thomas M. Biesty 

 Tracey T. Gronniger 

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

Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act in 

connection with soliciting consumers about free products and services. 

Status: Complaint filed 7/1/14. 

 TRO entered 9/4/14. 

 Stipulated preliminary injunctions entered 9/18/14. 

 Trial set for 11/30/15. 

FTC v. TRACFONE, No. 3:13-cv-03440 (N.D. Cal.) 

Parties: Tracfone Wireless, Inc. d/b/a Straight Talk Wireless d/b/a Simple Mobile, 

 d/b/a Telcel America 

Assigned Attorneys: Steven Spencer Elg (SERA) 

 Anna M. Burns 

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

connection with the sale of “unlimited” mobile data service. 

Status: Complaint filed 1/28/15. 

 Stipulated order for permanent injunction and monetary judgment entered 

 2/20/15. 

FTC v. TRUDEAU, No. 12-6 (S. Ct.); Nos. 08-4249 10-2418, 10-1383, 13-1746, 13-1747, and 

13-1898 (7th Cir.); Nos. 1:03-CV-03904, 1:98-CV-00168 (N.D. Ill.) 

Parties: Kevin Trudeau 

 Shop America (USA), LLC 
62 

 Robert Barefoot 

 Deonna Enterprises, Inc. 

 Karbo, Inc. 

 Karbo Enterprises, Inc. 

 Shop America Marketing Group 

 TruStar Global Media 

 K.T. Corp. 

 TruCom, LLC 

 Law Offices of Marc J. Lane 

 Winston & Strawn LLP 

 Website Solutions USA (WSU) 

 Global Information Network USA (GIN USA) 

 KT Radio Network (KTRN) 

 Nataliya Babenko 

Assigned Attorneys: Michael P. Mora (BCP-ENF) 

 Jonathan Cohen 

 David O’Toole (MWR) 

 David Sieradzki (OGC) 

Alleged Conduct: Deceptive practices in violation of Sections 5 and 12 in connection with the 

sale of a dietary supplement; civil contempt for violations of a 1998 

stipulated permanent injunction against Kevin Trudeau in connection with 

infomercial sales of a weight loss book; civil contempt for failure to comply 

with 2010 contempt sanction. 

Status: Complaint filed 6/9/03. 

Stipulated final order for permanent injunction and settlement of claims for 

monetary relief as to defendants Kevin Trudeau, Shop America 

(USA), LLC, Shop America Marketing Group, LLC, Trustar Global 

Media, Limited and Relief defendants K.T. Corporation, Limited and 

TruCom, LLC, including monetary relief of approximately $2.1 

million entered 9/3/04. 

* * * * * 

Motion to show cause why defendant Trudeau should not be held in civil 

contempt for violating permanent injunction, filed 9/13/07. 

Order finding Trudeau in contempt for violating permanent injunction 

entered 11/16/07. 

Hearing on remedy for violating permanent injunction held 7/22-25/08. 

Judgment confirming 11/16/07 order, requiring monetary payment by 

Trudeau, and providing for other relief entered 8/7/08. 

Commission’s motion to amend/correct judgment filed 8/21/08; response by 

Trudeau filed 9/22/08; Commission’s reply filed 10/7/08, corrected 

10/21/08. 
63 

Supplemental order and judgment entered 11/4/08. 

Motion by Trudeau to alter or stay judgment pending appeal filed 11/13/08; 

Commission’s response filed 11/26/08; Trudeau’s reply filed 12/3/08; 

order denying motion entered 12/11/08. 

Notice of appeal (08-4249) filed 12/16/08. 

Appellant’s emergency motion for stay pending appeal filed 12/23/08; 

Commission’s response in opposition filed 1/5/09; appellant’s reply 

filed 1/7/09. 

Order denying emergency motion for stay pending appeal entered 1/21/09. 

Appellant’s brief filed 2/17/09. 

Motion by Appellant to file supplemental jurisdictional memorandum filed 

3/5/09; order granting motion entered 3/12/09; supplemental 

jurisdictional memorandum filed 3/12/09. 

Commission’s answering brief filed 3/19/09. 

Appellant’s reply brief filed 4/2/09. 

Oral argument held 5/14/09. 

Seventh Circuit Opinion affirming Trudeau contempt finding but vacating 

and remanding on monetary payment and other relief entered 8/27/09. 

* * * * * 

Commission’s renewed motion to modify stipulated final order for 

permanent injunction as to defendant Trudeau filed 11/13/09; 

defendant’s response in opposition filed 12/17/09; Commission’s 

reply filed 2/1/10; defendant’s sur-reply filed 3/12/10. 

Commission’s renewed motion for compensatory monetary remedy as to 

defendant Trudeau filed 11/13/09; defendant’s response in opposition 

filed 12/17/09, supplemented 1/19/10; Commission’s reply filed 

2/1/10; defendant’s sur-reply filed 3/12/10. 

Order finding defendant Trudeau in criminal contempt of court entered 

2/11/10; modified 2/17/10. 

Notice of appeal (10-1383) of criminal contempt order filed 2/17/10. 

Order staying payment of fine pending appeal entered 2/24/10. 

Trudeau’s motion to stay proceedings pending appeal filed 3/9/10; order 

denying motion entered 3/12/10. 

Supplemental order modifying the stipulated order for permanent injunction 

and awarding monetary relief entered 4/16/10. 

Trudeau’s motion to amend the supplemental order filed 4/22/10; 

Commission’s response in opposition filed 5/7/10; Trudeau’s reply 

filed 5/21/10; Commission’s sur-reply filed 6/1/10. 

Commission’s motion to amend the supplemental order filed 5/7/10; 

Trudeau’s response filed 5/21/10. 

Seventh Circuit Opinion (10-1383) vacating finding of criminal contempt 

and remanding for further proceedings entered 5/20/10. 

* * * * * 
64 

Corrected supplemental order modifying the stipulated order for permanent 

injunction and awarding monetary relief entered 6/2/10. 

Notice of appeal (10-2418) of supplemental and corrected supplemental 

orders filed 6/11/10. 

Trudeau’s emergency motion for stay pending appeal filed 6/15/10; 

Commission’s response filed 6/23/10; Trudeau’s reply filed 6/28/10; 

order denying motion filed 7/14/10. 

Trudeau’s brief filed 7/23/10; Commission’s brief filed 8/23/10; Trudeau’s 

reply filed 9/13/10. 

Oral argument held 9/24/10. 

Seventh Circuit opinion affirming contempt sanctions and modification of 

decree, issued 11/29/11. 

Trudeau’s petition for rehearing en banc filed 1/13/12; denied 1/30/12. 

Trudeau’s petition of certiorari filed 6/28/12; Commission’s brief in 

opposition filed 8/27/12; Trudeau’s reply brief filed 9/11/12. 

Certiorari denied 10/9/12. 

* * * * * 

Motion for coercive contempt order to compel Trudeau to comply with 

6/2/10 order requiring payment of $37 million contempt sanction, 

filed by Commission 7/16/12 

Trudeau’s opposition filed 9/25/12 

Commission’s reply filed 10/15/12. 

Order holding that the Commission has established prima facie showing of 

Trudeau’s contempt for failing to pay sanction, and ordering that 

Trudeau file a sworn financial statement and appear at a hearing 

entered 12/6/12. 

* * * * * 

Order granting Commission’s motions to compel Trudeau’s attorneys 

(Winston & Strawn LLP, and Law Offices of Marc J. Lane) and 

Trudeau-controlled entities (GIN USA, KTRN, and WSU) to comply 

with subpoenas, issued 3/7/13. 

Motion to hold Lane, GIN USA, KTRN, and WSU in contempt for failing to 

comply with order compelling subpoenas filed by Commission 

4/1/13; Motion to file supporting documents under seal filed by 

Commission 4/1/13. 

Order denying motion to file documents under seal issued 4/4/13. 

Notices of appeal (13-1746 and 13-1747) of order denying motion to file 

under seal, filed by Trudeau, Winston & Strawn, Lane, GIN USA, 

KTRN, and WSU (“Trudeau appellants”), filed 4/9/13 . 

Trudeau appellants’ motions for emergency stay pending appeal filed with 

7th Circuit 4/9/13; 7th Circuit emergency stay issued 4/10/13. 
65 

Trudeau appellants’ motion for stay pending appeal filed with 7th Circuit on 

4/12/13; Commission’s opposition filed 4/17/13; 7th Circuit order 

vacating emergency stay issued 4/19/13; Trudeau appellants’ motion 

to reconsider filed 4/19/13; 7th Circuit order denying reconsideration 

issued 7/24/13. 

Trudeau appellants’ motion to dismiss case as moot filed 4/26/13; appeals 

(13-1746 and 13-1747) dismissed 4/29/13. 

* * * * * 

Trudeau bankruptcy petition filed 4/22/13. 

Trudeau motion to stay discovery in district court contempt proceeding filed 

4/23/13; Commission’s opposition brief and motion for ruling that 

automatic stay does not apply to contempt proceeding, filed 4/24/13; 

Trudeau opposition to Commission’s motion filed 4/25/13; District 

court order granting Commission’s motion issued 4/26/13. 

Notice of appeal (13-1898) filed by Trudeau 4/26/13; Trudeau’s motion for 

stay pending appeal filed 4/26/13; Commission’s opposition filed 

4/29/13. 

Seventh Circuit order denying stay issued 4/30/13. 

Trudeau’s appeal voluntarily dismissed 5/24/13. 

Bankruptcy proceeding dismissed 5/28/13. 

* * * * * 

Motion to hold defendant in contempt filed 7/13/12; evidentiary hearings 

before district court on Commission’s motion to hold Trudeau in 

contempt for failing to pay civil contempt sanction, held 5/21/13 and 

6/26-27/13. 

Writ ne exeat ordering Trudeau to surrender passport and not to leave the 

United States until further order of court issued 6/25/13. 

Order partially granting motion to hold Trudeau in contempt entered 7/26/13. 

Order finding Trudeau in contempt of court and directing the US Marshall to 

take him into custody entered 9/18/13; order releasing Trudeau from 

custody entered 9/19/13. 

Order finding Trudeau in contempt of court and ordering him incarcerated 

entered 10/17/13; order releasing Trudeau from custody to prepare for 

criminal contempt trial entered 10/28/13. 

Order directing that Trudeau be incarcerated to coerce compliance with 

court’s prior orders, such coercive incarceration to be independent of 

any incarceration resulting from Trudeau’s recent conviction for 

criminal contempt, entered 11/21/13. 

Order suspending Trudeau’s civil sentence pending completion of his 

criminal sentence entered 3/19/14. 
66 

FTC v. VANTAGE POINT SERVICES, No. 1:15-cv-00006 (W.D.N.Y) 

Parties: Vantage Point Services, LLC 

 Payment Management Solutions, Inc. 

 Bonified Payment Solutions, Inc. 

 Gregory Mackinnon 

 Megan Vandeviver 

 Angela Burdorf 

 Joseph Ciffa 

Assigned Attorneys: Colin A. Hector (BCP/FP) 

 Jason Adler 

 Peter W. Lamberton 

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 debt collection 

activities. 

Status: Complaint filed 1/5/15. 

 TRO entered 1/5/15. 

FTC v. WEALTH EDUCATORS, INC., No. 2:15-cv-2357 (W.D. Cal.) 

Parties: Wealth Educators, Inc. d/b/a Family 1st Preservations, d/b/a Family 1st 

 Home Loans, d/b/a Legal Affiliates & Associates, d/b/a Legal 

 Educators & Co., d/b/a Family 1st Home Prevention, d/b/a Legal 

 Educators USA & Co., d/b/a Stargate Mutual & Associates, d/b/a 

 Providence Financial Advocates, d/b/a Providence Financial Audits 

Assigned Attorneys: Barbara Y K Chun (WRLA) 

 Eleanor Durham (NWR) 

 Maxine R. Stansell 

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

the Mortgage Assistance Relief Services Rule in connection with home 

loans. 

Status: Complaint filed 3/31/15.

FTC v. WILLIAMS, SCOTT & ASSOCIATES, LLC, No. 1:14-cv-1599 (N.D. Ga.) 

Parties: Williams, Scott & Associates, LLC 

 WSA, LLC 

 John Williams 
67 

 Chris Lenyszyn 

Assigned Attorneys: Marcela C. Mateo (SER) 

 Robin L. Rock 

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

 Act and the Fair Debt Collection Practices Act in connection with abusive 

and deceptive debt collection. 

Status: Complaint filed 5/27/14. 

 TRO with asset freeze entered 5/28/14. 

 Stipulated preliminary injunction entered 6/19/14. 

 Amended complaint filed 9/24/14. 

 Commission’s motion to hold defendant John Williams in contempt for 

 violations of the stipulated preliminary injunction order filed 

 11/10/14; granted 12/2/14. 

 Clerk’s entry of default as to John Williams; Williams Scott & Associates; 

 and WSA LLC entered 12/12/14. 

 Order imposing contempt sanctions against defendants John Williams; 

 Williams Scott and Associates LLC and WSA LLC, as well as 

 Sterling Ross and entities associated with it, entered 12/22/14. 

 Commission’s motion for default judgment against defendants John 

 Williams, Williams, Scott & Associates LLC, and WSA, LLC 

 filed 3/6/15. 

 

FTC v. WORLDWIDE INFO SERVICES, INC., No. 6:14-cv-0008 (M.D. Fla.) 

Parties: Worldwide Info Services, Inc. 

 Elite Information Solutions, Inc. 

 Absolute Solutions, Inc. 

 Global Interactive Technologies, Inc. 

 Global Service Providers, Inc. 

 The Credit Voice, Inc. 

 Live Agent Response, LLC 

 Arcagen, Inc. 

 American Innovative Concepts, Inc. 

 Unique Information Services Inc. 

 Michael Hilgar 

 Gary Martin 

 Joseph Settecase 

 National Life Network, Inc. 

 Yuluisa Nieves 

 

Assigned Attorneys: David A. O’Toole (MWR) 

 Marissa J. Reich 
68 

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

 Sales Rules in connection with robocalls to senior citizens marketing a 

 Purportedly free medical alert system. 

Status: Complaint filed 1/6/14. 

 Order granting temporary restraining order and asset freeze entered 1/7/14. 

 Stipulated preliminary injunction entered 1/24/14. 

 Amended complaint filed 2/25/14. 

 Stipulated preliminary injunction with asset freeze, appointment of a 

receiver, and other equitable relief as to defendants national Life 

Network, Inc. and Yuluisa Nieves entered 5/12/14. 

 Order dismissing without prejudice defendant The Credit Voice entered 

 5/14/14. 

 Permanent injunction and judgment in favor of the Commission 

 entered 11/13/14. 

 Motion for default judgment against Live Agent Response 1 LLC 

 entered 12/5/14. 

 Order granting motion for default judgment in part and ordering permanent 

 injunctive and monetary relief against Live Agent entered 3/6/15. 

 

FTC v. WRIGHT, No. 2:14-cv-258 (D. Utah); No. 2:13-cv-2215 (D. Ariz.) 

Parties: Kevin Wright 

HCG Platinum LLC 

Right Way Nutrition LLC 

Weekes Holdings LLC (relief defendant) 

Primary Colors LLC (relief defendant) 

Kmatt Holdings LLC (relief defendant) 

Nutrisport Holdings LLC (relief defendant) 

Ty D. Mattingly (relief defendant) 

Julie Mattingly (relief defendant) 

Annette Wright (relief defendant) 

Assigned Attorneys: James Anthony Prunty (BCP/AP) 

Alleged Conduct: Deceptive acts or practices in violation of Sections 5 and 12 of the FTC Act, 

in connection with the sale of purported HCG and other weight-loss products. 

Status: Complaint filed 10/30/13. 

 Motion to change venue and transfer case to D. Utah filed 2/21/14; 

 Commission’s opposition filed 3/7/14; reply filed 3/14/14. 

 Order granting motion to transfer venue to D. Utah entered 4/9/14. 

 Stipulated final money judgment and final order for permanent injunction as 

 to defendants Kevin Wright, HCG Platinum, LLC, and Right Way 

 Nutrition, LLC entered 12/09/14. 
69 

 Order of dismissal of relief defendants entered 1/9/15. 

FTC v. WV UNIVERSAL MANAGEMENT, LLC, No. 6:12-CV-01618 (M.D. Fla.) 

Parties: WV Universal Management, LLC, d/b/a Treasure Your Success 

Leading Production, LLC 

Global Financial Assist, LLC 

HES Merchant Services Company, Inc. 

Business First Solutions, Inc. 

Voiceonyx Corp. 

Universal Processing Services of Wisconsin, LLC 

Derek Depuydt 

Hal E. Smith 

Jonathon E. Warren 

Ramon Sanchez-Ortega 

Willy Plancher 

Valbona Toska 

Assigned Attorneys: Fil M. de Banate (ECR) 

Jonathan Kessler 

Michael Milgrom 

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

Sales Rule in connection with sale of services that will purportedly reduce 

consumers’ credit card interest rates. 

Status: Complaint filed 10/29/12. 

Order granting preliminary injunction entered 11/14/12. 

Amended complaint filed 6/18/13. 

Motion to dismiss by HES Merchant Services Company filed 8/7/13; 

Commission’s response filed 8/23/13. 

Motion for summary judgment by Universal Processing Services filed 

8/16/13; Commission’s opposition filed 9/16/13; reply filed 9/30/13. 

Stipulated order for permanent injunction and final judgment as to defendants 

Willy Plancher, Valbona Toska, WV Universal Management LLC, 

Global Financial Assist LLC, and Leading Production LLC entered 

9/23/13. 

 Commission’s motion for summary judgment filed 6/30/14; defendant Derek 

 Depuydt’s opposition brief filed 7/29/14; Business First Solutions, 

 VoiceOnyx Corp., and Jonathon Warren’s brief in opposition filed 

 7/30/14; affidavit in opposition by Hal Smith filed 8/1/14. 

 Permanent injunction and final judgment as to defendant Ramon 

 Sanchez-Ortega entered 10/6/14. 

 Order granting Commission’s motion for summary judgment entered 

 11/18/14. 
70 

 Stipulated permanent injunction and final order as to Derek Depuydt 

 entered 11/20/14. 

 Stipulated order for permanent injunction and final judgment as to 

 defendants, Jonathon Warren, Business First Solutions Inc. and 

 Voiceonyx Corp. entered 11/20/14. 

 Permanent injunction and final judgment as to defendants Hal E. Smith and 

 HES Merchant Services Company, Inc. entered 2/11/15. 

 Order granting motion for equitable monetary relief judgment against 

 defendants Hal E. Smith, HES Merchant Services Company, Inc., and 

 Universal Processing Services of Wisconsin, LLC entered 2/11/15. 

 

 

FTC v. WYNDHAM WORLDWIDE CORP., No. 14-3514 (USCA Third Cir); No. 2:13-CV-01887; 

3:13-cv-1887 (D.N.J.); No. 2:12-CV-1365 (D. Ariz.) 

Parties: Wyndham Worldwide Corp. 

Wyndham Hotel Group, LLC 

Wyndham Hotels and Resorts, LLC 

Wyndham Hotel Management Inc. 

Assigned Attorneys: John A. Krebs (BCP/PIP) 

Katherine E. McCarron 

Kevin H. Moriarty 

Kristin K. Cohen 

Lisa N.W. Schifferle 

Jonathan Zimmerman 

Andrea Arias 

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

connection with failing to maintain reasonable of appropriate data security of 

consumer for consumers sensitive information. 

Status: Complaint filed 6/26/12. 

Defendants’ motion to dismiss filed 8/27/12; Commission’s response filed 

 10/1/12; defendants’ reply filed 10/23/12. 

Motion for leave to file amicus curiae briefs filed by the Chamber of 

 Commerce and the International Franchise Association filed 10/5/12. 

Defendants’ motion to transfer venue to the District of New Jersey granted 

3/25/13. 

Order denying defendants’ motions to dismiss and amici’s motions to file 

briefs, subject to refiling in the District of New Jersey entered 

3/25/13. 

 Defendants’ motions to dismiss re-filed 4/26/13; Commission’s opposition 

filed 5/20/13; defendants’ reply filed 6/10/13. 

Order denying defendant’s motion to dismiss entered 6/23/14; order 

granting defendant’s motion for leave for interlocutory review 
71 

entered 6/23/14. 

 Notice of appeal filed 8/5/14. 

 Wyndham’s opening brief filed 10/6/14; Commission’s answering brief filed 

 11/5/14; Wyndham’s reply brief filed 12/8/14. 

 Oral argument held 3/3/15. 

 Supplemental memoranda requested by the Court during oral argument 

 filed 3/27/15. 

 

FTC v. YOUR YELLOW BOOK, INC. No. 5:14-cv-786 (W. D. Okla.) 

Parties: Your Yellow Book, Inc. 

 Brandie Michelle Law 

 Dustin R. Law 

 Robert Ray Law 

Assigned Attorneys: Reid A. Tepfer (SWR) 

 Thomas B. Carter 

 James E. Elliott 

Alleged Conduct: Violations of Section 5 of the FTC Act in connection with selling internet 

 business-directory services. 

Status: Complaint filed 7/24/14. 

 TRO entered 7/25/14. 

 Commission’s motion for contempt and order to show cause filed 8/15/14. 

 Order granting stay entered 9/30/14. 

 Stipulated order for permanent injunction and monetary judgment entered 

 12/2/14. 

FTC v. YOUR YELLOW PAGES, INC., No. 1:14-cv-22129 (S.D. Fla.) 

Parties: Your Yellow Pages, Inc., d/b/a EBS Collections 

 Rapid Pages, Inc., d/b/a Rapid Yellow Pages 

 City Pages, Inc., d/b/a Online City Yellow Pages 

 Donovan B. Hinds, a/k/a Donavan B. Hinds 

 Andrew Beitler 

 Ernest Baxter, a/k/a Ernest Baster, a/k/a Carl Jenkins 

Assigned Attorneys: Anna M. Burns (SER) 

 Steven S. Elg 

Alleged Conduct: Unfair and deceptive practices in violation of Section 5 of the FTC Act in 

 connection with the sale of business directories. 
72 

Status: Complaint filed 6/9/14. 

 Stipulated preliminary injunction order as to Andrew Beitler, 

 Rapid Pages, Inc., Your Yellow Pages, Inc., City 

 Pages, Inc., and Donovan B. Hinds entered 6/23/14. 

 Preliminary injunction order as to Andrew Beitler, Rapid Pages, Inc., 

 Your Yellow Pages, Inc., City Pages, Inc., and Donovan B. 

 Hinds entered 6/23/14. 

 Orders of entry of default as to City Pages, Inc. and Your Yellow Pages, Inc. 

 entered 8/20/14. 

 Default final judgment as to defendants Your Yellow Pages, Inc., City Pages, 

 Inc., and Ernest Baxter entered 10/29/14. 

 Commission’s motion for summary judgment as to defendants Beitler and 

 Hinds filed 2/23/15. 

 Order granting summary judgment in favor of Commission entered 3/26/15. 
73 

CIVIL PENALTY AND ENFORCEMENT CASES*

(A) Consumer Protection 

FTC v. ABERNATHY MOTOR COMPANY, No. 3:14-cv-00063 (E.D. Ark.) 

Parties: Abernathy Motor Company 

 Wesley Abernathy 

 David Abernathy 

Assigned Attorneys: Eric N. Roberson (SWR) 

 Reid Abram Tepfer 

Alleged Conduct: Violations of Section 5, the Magnuson-Moss Act and the Used Car Rule for 

failure to display Buyers Guide providing warranty and other information on 

used vehicles for sale. 

Status: Complaint filed 3/12/14. 

 

 FTC v. BILLION AUTO, INC., No. 5:14-cv-04118 (N.D. Iowa) 

Parties: Billion Auto, Inc. 

 Billion SC, Inc. 

 Billion NSC, Inc. 

 Billion Community, Inc. 

 Billion CC, Inc. 

 Billion H, Inc. 

 Billion K, Inc. 

 Billion FT Des Moines, Inc. 

 Billion Des Moines Motors, Inc. 

 Billion Hawkeye, Inc. 

 Billions Empire Motors, Inc. 

 Billion FT, Inc. 

 Billion G, Inc. 

 Billion T, Inc. 

 Billion C. Inc. 

 Billion Dells Auto, Inc. 

 Billion West, Inc. 

 Billion Montana Motors, Inc. 

 *

 Includes all suits in which civil penalties are sought; consumer redress, injunctions, and 

ancillary equitable relief may also be sought. 
74 

 Nicholas Media, Inc. 

Assigned Attorneys: Jacob A. Schunk (AUSA) 

 Kerala T. Cowart (AUSA) 

Alleged Conduct: Violations of Sections 5 and 16 of the FTC Act and the Truth in Lending Act 

regarding the sale and financing of vehicles. 

Status: Complaint filed 12/11/14. 

 Stipulated order for permanent injunction and civil penalty entered 12/16/14. 

 

UNITED STATES v. COMMERCIAL RECOVERY SYSTEMS, No. 4:15-cv-0036 (E.D. Tex.) 

Parties: Commercial Recovery Systems, Inc. 

 Timothy Ford 

 David Devany 

Assigned Attorneys: Heide L. Herrmann (DOJ) 

Alleged Conduct: Violations of Section 5 of the FTC Act and the Fair Debt Collection Practices 

Act in connection with collecting auto loan and credit card debts. 

Status: Complaint filed 1/20/15. 

UNITED STATES v. CREDIT SMART, LLC, No. 2:14-cv-4650 (E.D.N.Y.) 

Parties: Credit Smart, LLC d/b/a United Abstract 

 Henry Stark & Associates 

 Star Processing 

 Credit Star, LLC 

 Credit Start Finance, LLC 

 CS Processing 

 Card Smart, Inc. 

 Paystar International, LLC 

 United Abstract Group 

 U.S. Receivables Services, Inc. 

 Barry Calvagna 

 Dawn Veneroni 

 Anthony Picone 

 Lauren Picone 

Assigned Attorneys: Colin Hector (BCP/ FP) 

 Daniel Dwyer 

 James Reilly Dolan 
75 

 Peter Lamberton 

James W. Harlow (DOJ/CPB) 

 John Vagelatos (AUSA) 

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the 

 FDCPA regarding unfair, abusive, or deceptive debt collection practices. 

Status: Complaint filed 8/5/14. 

 Government’s motion to approve consent judgment for permanent injunction 

 and civil penalty judgment filed 8/7/14. 

 Stipulated order for permanent injunction and civil penalty judgment 

 entered 9/22/14. 

 Motion to alter judgment by Credit Smart, LLC filed 3/30/15; granted 

 3/31/15. 

 

UNITED STATES v. DANIEL CHAPTER ONE, No. 10-5370 (D.C. Cir.); No. 1:10-CV-01362 

(D.D.C.) 

Parties: Daniel Chapter One 

James Feijo 

Assigned Attorneys: Laura Kim (BCP/ENF) 

Brad Winter 

Jessica R. Gunder (DOJ/CPB) 

Alleged Conduct: Violation of an FTC final cease and desist order in connection with 

defendants’ continued deceptive advertising, promotion, and sale of supposed 

cancer-cure products and failure to send required notification to prior 

purchasers of such products. 

Status: Complaint filed 8/13/10. 

United States’ motion for preliminary injunction filed 8/25/10. 

Defendants’ motion to dismiss filed 9/1/10. 

Order denying United States’ and defendants’ motions, and staying case 

pending resolution of defendants’ appeal of the Commission’s cease 

and desist order entered 9/14/10. 

Notice of appeal by United States filed 11/12/10. United State’s motion to 

 dismiss appeal voluntarily by United States filed 1/3/11. 

Stay lifted 3/7/11. 

United States’ motion for preliminary injunction filed 3/11/11; opposition 

filed 3/25/11; reply filed 4/1/11. 

Defendants’ motion for stay filed 3/25/11; opposition filed 4/1/11; reply 

filed 4/8/11; motion denied 5/10/11. 

Order granting United States’ motion for preliminary injunction entered 

6/22/11. 
76 

United States’ motion for order to show cause why Daniel Chapter One, 

 James Feijo, and Patricia Feijo should not be held in contempt 

 of 6/22/11 order filed 7/29/11. 

United States’ motion for summary judgment on liability filed 9/30/11; 

 opposition filed 10/21/11; reply filed 11/30/11. 

Order finding defendants in contempt entered 5/9/12; contempt purged and 

order vacated 5/24/12. 

Summary judgment on liability in favor of the United States entered 9/24/12. 

 United States’ motion for entry of final judgment filed 4/14/14; defendants’ 

response filed 5/19/14; reply filed 6/6/14. 

 Order granting United States’ motion for entry of final judgment entered 

3/31/15. 

UNITED STATES v. DISH NETWORK LLC., No. 13-2282 (7th Cir.); 3:09-CV-03073 (C.D. Ill.) 

Parties: Dish Network L.L.C. 

Assigned Attorneys: Russell Deitch (BCP/MP) 

Gary Ivens 

Patrick Runkle (DOJ/CPB) 

Lisa Hsiao (AUSA) 

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 
77 

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. 

 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. 

UNITED STATES v. FEATURE FILMS FOR FAMILIES, INC., Nos. 2:12-CV-00811, 2:11-

CV-00419 (D. Utah); No. 4:11-CV-00197 (N.D. Fla.) 

Parties: Feature Films for Families, Inc. 

Corporations for Character LC 

Family Films of Utah, Inc. 

Forrest Sandusky Baker, III 

Assigned Attorneys: Peter G. Fisher (AUSA) 

Daniel M.. Bacza (DOJ/CPB) 

Michael Tankersley (BCP) 

Arturo DeCastro 

Alleged Conduct: Deceptive acts and practices in violation of Section 5 and the Telemarketing 

Sales Rule in connection with telemarketing to induce the purchase of goods 

or services, and to induce charitable contributions, telemarketing calls to 

consumers on the Do-Not-Call list. 

Status: Complaint filed 5/5/11. 

Defendants’ motion to dismiss for failure to state a claim and for improper 

 venue filed 7/25/11; United States’ memo in opposition filed 

 8/8/11; order denying motion entered 10/25/11. 

Defendants’ counterclaim against the United States filed 11/14/11. 

United States’ motion to dismiss counterclaims for lack of jurisdiction 

filed 12/21/11; response in opposition filed 1/09/12; motion denied 

5/19/12. 

Case transferred to the District of Utah 8/20/12. 

Case consolidated with Corporation for Character v. FTC, No. 2:11-CV- 

 00419, on 9/6/12. 
78 

Defendants’ motion for partial summary judgment filed 9/6/12; United 

 States’ opposition filed 12/14/12. 

United States’ motion for partial summary judgment filed 3/1/13. 

United States’ second motion for partial summary judgment filed 

5/17/13; opposition filed 7/19/13; reply filed 7/30/13. 

 Hearing on motions for partial summary judgment held 1/16/14. 

United States’ supplemental memorandum regarding motion for 

summary judgment filed 2/14/14; defendants’ reply to supplemental 

memorandum filed 3/7/14. 

Order granting in part and denying in part defendants’ motion for partial 

 summary judgment and granting in part and denying in part United 

 States’ motion for partial summary judgment entered 3/31/15. 

FTC v. LARRY S. GLICKER, No. 3:15-cv-00019 (S.D. Ohio) 

Parties: Larry S. Glickler d/b/a Bradford-Connelly & Glickler Funeral Home 

Assigned Attorneys: Kerala T. Cowart (DOJ) 

Alleged Conduct: Violations of the Trade Regulation Rule Concerning Funeral Industry 

Practices in connection with deceptive advertising of caskets. 

Status: Complaint filed 1/20/15. 

 Consent decree entered 1/23/15. 

FTC v. LENTINE, No. 1:15-cv-0033 (E.D. Tenn.) 

Parties: Lou Lentine 

 Viatek Consumer Products Group, Inc. 

Assigned Attorneys: Susan E. Arthur (SWR) 

Alleged Conduct: Violations of Section 5(a) of the FTC Act in connection with the deceptive 

promotion or offering for sale of Viatek Mosquito Shield Bands. 

Status: Complaint filed 2/17/15. 

FTC v. RAMEY MOTORS, INC., No. 1:14-cv-29603 (S.D.W.V.) 

Parties: Ramey Motors, Inc. 

 Ramey Automotive Group, Inc. 

 Ramey Automotive, Inc. 

 Ramey Chevrolet, Inc. 
79 

Assigned Attorneys: Lemuel W. Dowdy (BCP/ENF) 

Alleged Conduct: Violations of Section 5 of the FTC Act and the Truth in Lending Act 

 regarding car financing and leasing. 

Status: Complaint filed 12/11/14. 

FTC v. ROSS-CLAYTON FUNERAL HOME, INC., No. 2:13-cv-851 (M.D. Ala.) 

Parties: Ross-Clayton Funeral Home, Inc. 

David C. Ross 

Eleanor Lewis Dawkins 

Assigned Attorneys: P. Connell McNulty (BCP/MP) 

 Patricia Hsue 

Alleged Conduct: Violations of the Commission’s Trade Regulation Rule Concerning Funeral 

Industry Practices by failing to show people a printed or typewritten casket 

price list. 

Status: Complaint filed 11/21/13. 

 

(B) Competition 

 

(None pending) 
80 

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS

IN RE AEGIS MOBILE, LLC, No. 1:13-MC-524 (D.Md) 

Parties: Aegis Mobile, LLC 

Assigned Attorneys: Burke Kappler (OGC) 

 Leslie R. Melman 

Alleged Conduct: Application for an order pursuant to 28 U.S.C. § 1782 to obtain information 

from Aegis Mobile LLC on behalf of the Competition Bureau, Canada, for 

use in foreign proceedings. 

Status: Application filed 11/1/13; granted 11/1/13. 

 Commission’s motion to compel compliance with subpoena filed 1/28/14; 

 granted 1/31/14. 

 Motion to vacate court’s 1/31/17 order filed 2/4/14; Commission’s response 

 filed 2/6/14; Aegis Mobile’s reply filed 2/7/14; order granting motion 

in part entered 2/10/14. 

 Aegis Mobile’s opposition to Commission’s motion to compel compliance 

 with subpoena filed 2/14/14; Commission’s surreply filed 3/14/14; 

 Aegis Mobile’s response to surreply filed 3/21/14. 

 Hearing held 6/5/14. 

 Order denying Aegis Mobile’s motion to vacate, denying in part and granting 

 in part Aegis Mobile’s motion to quash entered 8/4/14. 

 Status Report submitted by Commission filed 10/30/14. 

 Status Report submitted by Aegis Mobile field 10/30/14. 

 Updated status report submitted by Commission filed 1/22/15. 

FTC v. BOEHRINGER INGELHEIM PHARMACEUTICALS, INC., No. 12-5393 (D.C. Cir.); 

No. 1:09-MC-00564 (D.D.C.) 

Parties: Boehringer Ingelheim Pharmaceuticals, Inc. 

Assigned Attorneys: Mark Hegedus (OGC) 

Leslie R. Melman 

David C. Shonka 

Alleged Conduct: Petition for an order to enforce a subpoena. 

Status: Petition filed 10/23/09. 

Order to show cause entered 12/4/09.

Matter transferred to magistrate judge 12/1/10.

Status conference held on 10/24/11.
81 

Hearing on merits held 12/09/11. 

Order denying Commission’s petition as to financial analysis documents and 

ordering Boehringer to redact and produce the remaining records 

entered 9/27/12. 

Order holding that Boehringer failed to conduct an adequate search of 

its electronically stored information, and ordering Boehringer 

to run additional searches entered 10/16/12. 

Commission’s notice of appeal filed 12/11/12. 

Boehringer’s motion to dismiss appeal filed 1/28/13; Commission’s response 

 in opposition filed 2/11/13; Boehringer’s reply filed 2/22/13; order 

 denying motion to dismiss entered 4/12/13. 

Commission’s initial brief filed 6/28/13; appellees’ brief filed 8/28/13; 

 Commission’s reply brief filed 9/11/13; appellee’s final brief filed 

10/3/13. 

Argument held 10/14/14. 

Opinion reversing and remanding to district court entered 2/20/14. 

FTC v. PAGLIA, No. 2:14-cv-1480 (D. Nev.) 

Parties: Ralph Paglia 

Assigned Attorneys: Blaine T. Welsh (AUSA) 

 Imad D. Abyad (OGC) 

 Leslie T. Melman 

Alleged Conduct: Petition for an order to enforce CID. 

Status: Petition filed 9/12/14. 

 Order enforcing CIDs entered 10/28/14. 

 Commission’s contempt motion filed 1/6/15. 

 

 

FTC v. RECKITT PHARMACEUTICALS, INC., No. 3:14-mc-00005 (E.D. Va.) 

Parties: Reckitt Benckiser Pharmaceuticals, Inc. 

Assigned Attorneys: Burke W. Kappler (OGC) 

 Robert P. McIntosh (AUSA) 

Alleged Conduct: Petition for an order to enforce a CID 

Status: Petition filed 8/8/14. 

 Reckitt Benckiser Pharmaceuticals’ motion to transfer filed 9/3/14; 

 Commission’s brief in opposition to motion to transfer filed 9/12/14; 

 Order denying motion to transfer entered 9/24/14. 
82 

 Commission’s motion to enforce CID filed 11/24/14; Reckitt’s brief in 

 opposition filed 12/8/14; Commission’s reply brief filed 12/15/14. 

 Memorandum Opinion directing Reckitt to produce documents for in camera

 review by Special Master entered 3/10/15. 

 

FTC v. THE WESTERN UNION CO., Nos. 13-3100, 13-3272 (2d. Cir.); No.1:13-MC-00131 

(S.D.N.Y) 

Parties: The Western Union Company 

 Lonnie Keene 

 Keene Consulting Arizona, LLC 

Assigned Attorneys: Burke Kappler (OGC) 

 Leslie R. Melman 

Alleged Conduct: Petition for an order to enforce a CID. 

Status: Petition filed 4/15/13. 

 Hearing held 5/28/13. 

 Enforcement order entered 6/6/13; revised 6/7/13. 

 Motion by Western Union for clarification or reconsideration filed 6/17/13; 

 Commission’s opposition filed 6/19/13; motion denied 6/20/13. 

 Notice of appeal by Commission filed 8/14/13; cross appeal by Western 

Union filed 8/27/13. 

Application for contempt by Commission filed 11/8/13; response by Western 

Union filed 11/27/13; reply filed 12/5/13; stipulated order resolving 

contempt entered 12/9/13. 

Commission’s opening appeal brief filed 11/27/13; Western Union’s 

answering and cross-appeal brief filed 2/26/14; Commission’s 

response and reply brief filed 4/28/14; Western Union’s reply on 

cross-appeal filed 5/22/14. 

Oral argument held 9/10/14. 

Second Circuit court opinion holding that the district court erred in not 

enforcing the CID entered 10/8/14. 

Joint memorandum of law filed 3/6/15 
83 

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION

AYUDA INC. ET AL. v. FTC, No. 1:13-CV-1266 (D.D.C) 

Parties: Ayuda, Inc. 

Catholic Charities of the Archdiocese of Washington DC 

Catholic Legal Immigration Network, Inc. 

Legal Aid Justice Center 

Assigned Attorneys: Michelle Lo (AUSA) 

 Jack Metzler (OGC) 

Nature of Action: Action alleging violation of the Freedom of Information Act. 

Status: Complaint filed 8/20/13 

Amended complaint filed 12/2/13. 

Commission’s motion for summary judgment filed on 2/12/14; Ayuda’s 

opposition and cross-motion for summary judgment filed 4/8/14; 

Commission’s reply/cross-opposition due 7/17/14; Ayuda’s reply to 

opposition to cross-motion for partial summary judgment filed 

7/31/14. 

Order granting in part and denying in part the Commission’s motion for 

summary judgment and denying Ayuda’s cross-motion for partial 

summary judgment entered 9/30/14. 

Order referring case to mediation entered 3/10/15. 

BASIC RESEARCH v. FTC, No. 15-4014 (10th Cir.); No. 2:09-CV-00779 (D. Utah) 

Parties: Basic Research 

A.G. Waterhouse 

Sovage Dermalogic Laboratories 

Carter-Reed Company, LLC 

Dynakor Pharmacal 

Dennis Gay 

Mitchell K. Friedlander 

Assigned Attorneys: Lemuel Dowdy (BCP/ENF) 

Frank Gorman 

Mark Hegedus (OGC) 

Gerald Kell (DOJ/CPB) 

Jeannette Swent (AUSA) 

Nature of Action: Declaratory judgment action claiming violations of plaintiffs’ free speech 

and due process constitutional rights in connection with advertising for 
84 

weight loss products. 

Status: Complaint filed 8/31/09. 

Motion to dismiss complaint filed 10/30/09; plaintiffs’ response in 

opposition filed 12/23/09; Commission’s reply filed 1/22/10; 

plaintiffs’ sur-reply filed 4/1/10. 

Plaintiffs’ motion to consolidate case with United States v. Basic Research, 

L.L.C., No. 2:09-CV-00972 (D. Utah) filed 11/6/09; Commission’s 

response in opposition filed 11/23/09; plaintiffs’ reply filed 12/14/09.

Oral argument on pending motions held 5/6/10. 

Memorandum decision denying motion to dismiss complaint and granting 

motion to consolidate case with United States v. Basic Research, 

L.L.C., No. 2:09-CV-00972 entered 5/23/11. 

Plaintiffs’ motion for partial summary judgment filed 8/17/11; Commission’s 

 opposition filed on 9/28/11; reply filed 11/01/11; order granting 

 motion for partial summary judgment entered 6/1/12; hearing held 

 5/31/12. 

Commission’s motion for partial summary judgment filed 5/24/12. 

Plaintiff’s motion for summary judgment and opposition to Commission’s 

motion for partial summary judgment filed 9/12/12; Commission’s 

response filed 1/31/13; plaintiff’s reply memorandum filed 3/29/13.

 Hearing on pending summary judgment motions held 5/22/13. 

 Judgment in favor of the plaintiff and dismissing the Commission’s 

 complaint and claims with prejudice entered 12/18/14. 

 Commission’s notice of appeal filed 2/13/15. 

 Order granting appellants’ motion for voluntary dismissal entered 3/4/15. 

CAUSE OF ACTION v. FTC, No. 13-5335 (D.C. Cir.); No. 1:12-CV-00850 (D.D.C.) 

Parties: Cause of Action 

Assigned Attorneys: Mitchell Zeff (AUSA) 

Michael Bergman (OGC) 

Dione Stearns 

Nature of Action: Action alleging violation of the Freedom of Information Act. 

Status: Complaint filed 5/25/12. 

Commission’s motion for summary judgment filed 9/28/12; plaintiff’s 

 opposition brief filed 11/28/12; Commission’s reply brief filed 

 1/25/13. 

Opinion and order granting in part and denying in part the Commission’s 

motion for summary judgment entered 8/19/13. 

Final consent judgment entered 9/12/13. 

Notice of appeal filed 11/14/13. 
85 

 Appellant’s brief filed 5/6/14; Commission’s answering brief filed 8/6/14; 

 appellant’s reply brief filed 9/24/14. 

 Oral argument held 1/13/15. 

CENTER FOR DIGITAL DEMOCRACY v. FTC, No. 1:14-cv-02084 (D.D.C.) 

Parties: Center for Digital Democracy 

Assigned Attorneys: Marian L. Borum (AUSA) 

 Bradley Grossman (OGC) 

Nature of the Action: Freedom of Information Act action regarding the release of records. 

Status: Complaint filed 12/11/14. 

 Commission’s motion for summary judgment filed 3/23/15. 

COMPASSION OVER KILLING v. FTC, No. 15-15107 (9th Cir.); No. 3:13-cv-1385 (N.D. 

 Cal.) 

Plaintiffs: Compassion Over Killing 

Animal Legal Defense Fund 

Elizabeth Barrett 

Adrea Bock 

Linda Calbreath 

Jason Canada 

Jeri Opalk 

Humberto Retana 

Defendants: Food and Drug Administration and Margaret Hamburg, Commissioner 

Agriculture Marketing Service and David R. Shipman, Administrator 

Food Safety and Inspection Service and Alfred V. Almanza, Administrator 

Federal Trade Commission and Edith Ramirez, Chairwoman 

Assigned Attorney: Ann Entwistle (DOJ/CPB) 

Michele Arington (OGC) 

Nature of Action: Action for declaratory and injunctive relief under the Administrative 

Procedure Act in connection with petitions requesting rulemakings to revise 

or create new labeling requirements for eggs. 

Status: Complaint filed 3/28/13. 

 Amended complaint filed 3/27/14.

 Plaintiffs’ motion for summary judgment due 7/23/14; government’s 

opposition due 8/27/14; defendant’s response filed 9/26/14; 
86 

Commission’s reply brief filed 10/27/14. 

 Order denying plaintiff’s motion for summary judgment and granting the 

Commission’s motion for summary judgment entered 12/23/14. 

 Notice of Appeal filed 1/20/15. 

 Appellants’ opening brief due 6/16/15; government’s brief due 7/16/15. 

DESPOT v. ALLIED INTERSTATE, INC., No. 2:15-cv-0015 (W.D. Pa.) 

Parties: David Despot 

 

Assigned Attorneys: Paul D. Kovac (AUSA) 

Nature of Action: Alleged violations of the FCRA, FDCPA, TCPA, FTCA, in connection with 

student loan repayment. 

Status: Complaint filed 3/3/15. 

FRANKEL v. UNITED STATES, No. 1:13cv546 (Fed. Cl.) 

Parties: David Frankel 

Assigned Attorneys: Jessica R. Toplin (DOJ) 

Olga Vaytsman (OGC) 

Nature of Action: Action alleging that the Commission failed to conduct the Robocall 

Challenge in accordance with its own published rules. 

Status: Complaint filed 8/6/13. 

Motion to dismiss by USA filed 10/28/13; defendant’s response filed 

11/7/13; reply filed 11/26/13; sur-reply filed 12/3/13. 

Opinion granting in part and denying in part motion to dismiss entered 

8/27/14. 

LABMD v. FTC, No. 14-12144 (11th Cir.); No. 1:14-cv-0810 (N.D. Ga.) 

Parties: LabMD 

Assigned Attorneys: David Sieradzki (OGC) 

 Lauren E. Fascett (DOJ/CPB) 

 

Nature of Action: Action for declaratory and injunctive relief in connection with the FTC’s 

proceedings against LabMD regarding its patient-information data securing 

practices. 
87 

Status: Complaint and motion for preliminary injunction by LabMD filed 3/20/14. 

 Commission’s motion to dismiss filed 4/7/14; LabMD’s response filed 

 4/11/14. 

 Order granting Commission’s motion to dismiss entered 5/12/14. 

 Notice of appeal by LabMD filed 5/14/14. 

 LabMD’s emergency motion for injunction pending appeal filed 5/15/14; 

Commission’s opposition filed 5/19/14; motion denied 5/19/14. 

 LabMD’s opening brief filed 6/24/14; Commission’s responsive brief due 

7/28/14; LabMd’s reply brief filed 8/11/14. 

 Oral argument held 12/9/14. 

 Opinion affirming district court entered 1/21/15. 

PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA v. FTC, No. 14-

5182 (D.C. Cir.); No. 1:13-cv-01974 (D.D.C) 

Parties: Pharmaceutical Research and Manufacturers of America 

Assigned Attorney: Michele Arington (OGC) 

Nature of Action: Action for injunctive and declaratory relief under the Administrative 

Procedure Act challenging the FTC’s issuance of a rule that addresses when a 

transaction involving the transfer of rights to a patent in the pharmaceutical 

industry is reportable under the HSR Act. 

Status: Complaint filed 12/12/13. 

Motion for Summary Judgment filed by PhRMA 2/7/14; Commission’s 

opposition and cross-motion for summary judgment filed 3/10/14; 

PhRMA’s reply and opposition to cross-motion filed 3/24/14; 

Commission’s reply brief filed 3/31/14. 

 Memorandum Opinion denying PhRMA’s motion for summary judgment 

and granting Commission’s cross-motion for summary judgment 

entered 5/30/14. 

 Notice of appeal filed 7/25/14. 

 PhRMA’s brief due 11/10/14; Commission’s brief filed 12/10/14; reply brief 

 filed 12/24/2014. 

 Oral argument held 3/24/15. 
88 

AMICUS CURIAE BRIEFS or PARTIAL INTERVENTIONS 

BATMAN v. FACEBOOK, No. 13-16819 (9th Cir.) 

Assigned Attorneys: Imad Abyad (OGC) 

Nature of Action: Private action concerning Facebook’s use of users’ names and images for 

advertisements without their consent. 

Status: Brief of Federal Trade Commission as amicus curiae disagreeing with 

 district court’s view of federal preemption regarding the Children’s 

 Online Privacy Protection Act filed 3/21/14. 

BUCHANAN v. NORTHLAND GROUP, INC., No. 13-2523 (6th Cir.) 

Assigned Attorneys: Jack Metzler (OGC) 

Nature of Action: Private action addressing the practice of sending debt collection notices for 

 time-barred debts. 

Status: Brief of the Consumer Financial Protection Bureau and the Federal 

 Trade Commission as amici curiae in support of the district court’s 

 denial of Northland Group’s motion to dismiss filed 9/4/13. 

 Commissions’ amicus motion requesting leave to appear at oral argument 

 filed 8/25/14; order granting motion entered 9/23/14. 

 Oral argument held 10/7/14. 

 Opinion and judgment of the district courts is reversed, and the case is 

 remanded entered 1/13/15. 

 Order denying Northland Group’s petition for rehearing en banc entered 

 3/13/15. 

HERNANDEZ v. WILLIAMS, ZINMAN & PARHAM, P.C., No. 14-15672 (9th Cir.) 

Assigned Attorneys: Burke Kappler (OGC) 

Nature of Action: Private action involving provision of Fair Debt Collection Practices Act 

 requiring that debt collectors provide notice to consumers advising them of 

 their rights to dispute or obtain verification of the debt. 

 

Status: Brief of the Consumer Financial Protection Bureau and the Federal 

 Trade Commission as amici curiae in support of appellant and 

 reversal filed 8/20/14. 

 
89 

IN RE LAMICTAL DIRECT PURCHASER ANTITRUST LITIGATION, No. 14-1243 (3rdCir.); 

 No.2:12-CV-00995 (D.N.J.) 

Assigned Attorneys: Markus Meier (BC) 

Jamie R. Towey 

Melanie J. Brown 

Mark S. Hegedus (OGC) 

Nature of Action: Private action involving antitrust claims that an exclusive license that 

effectively prevents a branded company from launching an authorized 

generic constitutes a payment-for-delay in restraint of trade. 

Status: Brief of the FTC as amicus curiae, opposing defendants’ motion to dismiss, 

 filed 10/5/12. 

Order granting motion to dismiss filed 12/6/12. 

Notice of appeal filed 12/21/12. 

Order, staying appeal pending the Supreme Court’s decision in FTC v. 

Actavis, Inc. entered 2/26/13. 

 Defendants motion to remand case back to district court filed 6/20/13; 

appellants’ response filed 6/25/13. 

Court of appeals order remanding the case to the district court for further 

proceedings entered 7/2/13. 

District court order reaffirming order of dismissal entered 1/24/14. 

Notice of appeal docketed 1/30/14. 

 Commission’s brief as amicus curiae in support of appellants filed 4/28/14. 

 Commission’s motion for leave to participate in oral argument filed 7/16/14. 

 Oral argument held 11/19/14. 

 

MORAN v. THE SCREENING PROS, No. 12-57246 (9th Cir.) 

Assigned Attorney: Jack Metzler (OGC) 

Nature of Action: Private action involving a Fair Credit and Reporting Act provision limiting 

the time period for listing misdemeanors on a report. 

Status: Brief of the Consumer Financial Protection Bureau and the Federal Trade 

 Commission as amici curiae filed in support of plaintiff’s Section 

605(a) claim filed on 10/7/13. 

 Argument held 2/2/15. 

 

MOTOROLA MOBILITY, LLC V. AU OPTRONICS CORP., No. 14-8003 (7th Cir.); 

 No. 1:09-cv-06610 (E.D. Ill.) 

Assigned Attorneys: Mark S. Hegedus (OGC) 
90 

Nature of Action: DOJ action involving the standard for assessing effects on U.S. commerce 

 in applying the Foreign Trade Antitrust Improvements Act. 

Status: Brief of the United States and the Federal Trade Commission as amicus 

curiae in support of petition for rehearing en banc filed 6/27/14. 

 Order granting panel rehearing entered 7/1/14. 

 Brief of the United States and the Federal Trade Commission as amicus 

curiae on the merits of the case filed 9/5/14. 

 Oral argument held 11/13/14. 

 Opinion affirming district court entered 11/26/14. 

 Motorola Mobility’s petition for rehearing en banc filed 12/17/14. 

 Order denying Motorola Mobility’s petition for rehearing en banc entered 

1/12/15. 

 Petition for writ of certiorari filed 3/16/15. 

MYLAN PHARMACEUTICALS, INC v. CELGENE CORP., No. 2:14-cv-02094 (D.N.J.) 

Assigned Attorneys: Kara L. Monahan (BC) 

Nature of Action: Private action addressing the question of whether, and to what extent, 

 antitrust law places limits on a private company’s ability to block generic 

 access to its brand product. 

Status: Brief of the FTC as amicus curiae in opposition to defendant’s motion to 

dismiss filed 6/17/14. 

 Order granting in part and denying in part motion to dismiss entered 

12/23/14. 

 Motion to certify order denying motion to dismiss for interlocutory appeal 

entered 1/6/15; granted 1/30/15. 

SYKES v. MEL S. HARRIS AND ASSOCIATES LLC, No. 13-2742 (2d Cir.) 

Assigned Attorneys: Jack Metzler (OGC) 

 David M. Gossett (CFPB) 

Nature of Action: Class action suit brought by consumers against a group of affiliated debtbuying companies, alleging violations of the Fair Debt Collection Practices 

Act. 

Status: Brief of Federal Trade Commission and the Consumer Financial Protection 

Bureau supporting plaintiffs filed 11/13/13. 

Oral argument held 2/7/14. 

 Motion to hold appeal in abeyance entered 1/14/15. 
91 

 Order denying motion to hold appeal in abeyance entered 1/16/15. 

 Opinion affirming judgment of the district court entered 2/10/15. 

 Appellants’ petitions for rehearing en banc filed 2/24/15.