_____________________________________ 

 1823189 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Joseph J. Simons, Chairman 

Noah Joshua Phillips 

Rohit Chopra 

Rebecca Kelly Slaughter 

Christine S. Wilson 

In the Matter of )

 ) 

NTT GLOBAL DATA CENTERS ) 

AMERICAS, INC., as successor in ) 

interest to RagingWire Data Centers, Inc. ) DOCKET NO. 9386 

a corporation. ) 

) 

____________________________________ ) 

AGREEMENT CONTAINING CONSENT ORDER 

The Federal Trade Commission (“Commission”) has issued an administrative 

Complaint challenging certain acts and practices of NTT Global Data Centers Americas, 

Inc. (“Respondent”). The Commission’s Bureau of Consumer Protection (“BCP”) and 

Respondent, through its duly authorized officer, enter into this Agreement Containing 

Consent Order (“Consent Agreement”) to resolve the allegations in the Complaint 

through a proposed Decision and Order to present to the Commission, which is also 

attached and made a part of this Consent Agreement. 

IT IS HEREBY AGREED by and between Respondent and BCP, that: 

1. "Respondent" means NTT Global Data Centers Americas, Inc., a Nevada corporation, 

with its principal office or place of business at 1625 W. National Drive, Sacramento, CA 

95834. Respondent NTT Global Data Centers Americas, Inc. is the successor in interest 

to RagingWire Data Centers, Inc. 

2. Respondent has been served with a copy of the Complaint issued by the Commission 

charging it with violations of Section 5 of the Federal Trade Commission Act, as 

amended, and has filed its Answer to the Complaint. 

3. Only for purposes of this action, Respondent admits the facts necessary to establish 

jurisdiction. 

4. Respondent waives: 
 

 

 

 

 

 

 

 

a. Any further procedural steps; 

b. The requirement that the Commission’s Decision contain a statement of findings 

of fact and conclusions of law; 

c. All rights to seek judicial review or otherwise to challenge or contest the validity 

of the Decision and Order issued pursuant to this Consent Agreement; and 

d. Any claim under the Equal Access to Justice Act. 

5. This Consent Agreement will not become part of the public record of the proceeding 

unless and until it is accepted by the Commission. If the Commission accepts this 

Consent Agreement, it will be placed on the public record for thirty (30) days and 

information in respect thereto publicly released. Acceptance does not constitute final 

approval, but it serves as the basis for further actions leading to the final disposition of 

the matter. Thereafter, the Commission may either withdraw its acceptance of this 

Consent Agreement and so notify Respondent, in which event the Commission will take 

such action as it may consider appropriate, or issue and serve its decision in disposition of 

the proceeding, which may include an Order. See 16 C.F.R. §§ 2.34, 3.25. 

6. If this Consent Agreement is accepted by the Commission, and if such acceptance is 

not subsequently withdrawn by the Commission pursuant to Commission Rule 3.25(f), 16 

C.F.R. § 3.25(f), the Commission may, without further notice to Respondent: (1) issue its 

Decision and Order in disposition of the Complaint, and (2) make information public 

thereto. Respondent agrees that service of the Order may be effected by its publication 

on the Commission’s website (ftc.gov), at which time the Order will become final. See 

Commission Rule 2.32(d), 16 C.F.R. §2.32(d). Respondent waives any rights it may 

have to any other manner of service. See Commission Rule 4.4, 16 C.F.R. §4.4. 

8. When final, the Decision and Order will have the same force and effect and may be 

altered, modified, or set aside in the same manner and within the same time provided by 

statute for other Commission orders. 

9. The Complaint may be used in construing the terms of the Decision and Order. No 

agreement, understanding, representation, or interpretation not contained in the Decision 

and Order or in this Consent Agreement may be used to vary or contradict the terms of 

the Decision and Order. 

8. Respondent agrees to comply with the terms of the proposed Decision and Order from 

the date that Respondent signs this Consent Agreement. Respondent understands that it 

may be liable for civil penalties and other relief for each violation of the Decision and 

Order after it becomes final. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NTT GLOBAL DATA CENTERS 

AMERICAS, INC. 

By: __________________________ 

Douglas S. Adams 

Chief Executive Officer 

NTT Global Data Centers 

Americas, Inc. 

By: ___________________________ 

Corey W. Roush, Esq. 

Akin Gump Strauss Hauer 

Feld LLP 

Counsel for NTT Global Data 

Centers Americas, Inc. 

Dated: ____________, 2020 

FEDERAL TRADE COMMISSION 

By: __________________________ 

Linda Holleran Kopp 

Complaint Counsel 

Bureau of Consumer Protection 

By: ____________________________ 

Robin Wetherill 

Complaint Counsel 

Bureau of Consumer Protection 

APPROVED: 

By: _________________________ 

Maneesha Mithal 

Associate Director 

Division of Privacy & Identity 

Protection 

By: __________________________ 

Andrew Smith 

Director 

Bureau of Consumer Protection