QUARTERLY FEDERAL COURT

LITIGATION STATUS REPORT

Office of the General Counsel

Bureau of Competition

Bureau of Consumer Protection

Regional Offices

December 31, 2015

No. 126
TABLE OF CONTENTS

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

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

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

B) Rulemakings................................................................................................................... 2

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 ................................................................... 77

A) Consumer Protection.................................................................................................... 77

B) Competition.................................................................................................................. 85

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS ..................................................... 87

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION ....................... 89

AMICUS CURIAE BRIEFS......................................................................................................... 92
ii

SUMMARY OF CASES

 D. Ct. Ct. App.*

 S. Ct. Total

PETITIONS FOR REVIEW 0 2 2 4

INJUNCTION AND

CONSUMER REDRESS CASES

67 17 3 87

CIVIL PENALTY AND 

ENFORCEMENT CASES

16 2 0 18

SUBPOENA AND CID

ENFORCEMENTS

2 2 0 4

SUITS TO ENJOIN FTC 

ACTION AND OTHER

DEFENSIVE LITIGATION

3 3 0 6

AMICUS CURIAE BRIEFS 0 11 0 11

TOTALS 88 37 5 130

 *

 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

ECM BIOFILMS, INC. v. FTC, No. 15-4339 (6th Cir.)

Parties: ECM BioFilms, Inc. d/b/a Enviroplastics International

Assigned Attorneys: Jack Metzler (OGC)

Nature of Action: Petition for review of the Commission’s final order.

Status: Petition for review filed 12/4/15.

Petitioner’s brief due 3/2/16; Commission’s brief due 4/4/16.

FANNING v. FTC, No. 15-1520 (1st Cir.)

Parties: John Fanning

Assigned Attorneys: Leslie Melman (OGC)

Bradley Grossman

Nature of Action: Petition for review of the Commission’s final order prohibiting Fanning 

and Jerk, LLC from deceiving users about the source of personal 

information on the now defunct website and misrepresenting the benefits 

of membership.

Status: Petition for review filed 4/28/15.

Motion to stay Commission’s final order pending appeal filed 5/29/15. 

Order granting temporary stay entered 5/29/15.

Commission’s response filed 6/5/15.

Stay denied 7/14/15.

Defendant’s opening brief filed 8/19/15.

Defendant’s revised opening brief filed 8/25/15.

Commission’s brief filed 10/19/15. 

Oral argument held 12/8/15.

McWANE, INC. v. FTC, No. 15-706 (S. Ct.); 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.
2

McWane’s 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.

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

Opinion affirming Commission’s decision entered 4/15/15.

McWane’s petition for rehearing en banc filed 5/29/15.

Petition for rehearing en banc denied 8/6/15.

Petition for certiorari filed 11/4/15.

Commission’s opposition brief due 2/5/16.

POM WONDERFUL v. FTC, No. 15-525 (S. Ct.); No. 13-1060 (D.C. Cir.)

Parties: POM Wonderful LLC 

Roll Global LLC

Stewart A. Resnick

Lynda Rae Resnick

Matthew Tupper

Assigned Attorneys: Jonathan Nuechterlein (OGC)

Mark S. Hegedus

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 filed 4/6/15; denied en banc 5/28/15.

Petition for certiorari filed 10/23/15; Commission’s opposition brief

due 2/26/16.

 

(B) Rulemakings

(None Pending)
3

INJUNCTION AND CONSUMER REDRESS CASES

(A)Preliminary Injunctions (Mergers/Acquisitions)

FTC v. ADVOCATE HEALTH CARE NETWORK No. 1:15-cv-11473 (N.D. Ill.)

Parties: Advocate Health Care Network

 Advocate Health and Hospitals Corporation

 NorthShore University HealthSystem

Assigned Attorneys: Emily Bowne (BC/Mergers IV)

 Christopher Caputo

Timothy Carson

Charles Dickinson

Kevin Hahm

Sean P. Pugh

Alexander Bryson

 

Alleged Conduct: Action for preliminary injunction for violations of Section 5 of the FTC 

Act and Section 7 of the Clayton Act in conjunction with Advocate Helath 

Care Network and Advocate Health and Hospitals Corporation’s proposed 

affiliation with NorthShore University HealthSystem.

Status: Complaint filed 1/18/15.

 TRO entered 12/23/15.

FTC v. PENN STATE HERSHEY MEDICAL CENTER No. 1:15-cv-2362 (M.D. Pa.)

Parties: The Penn State Hershey Medical Center

PinnacleHealth System

 

Assigned Attorneys: William Efron (NER)

Ryan Harsch

Jared Nagley

Jonathan Platt

Gerald Stein

Geralyn Trujillo

Nancy Tumblacer

Theodore Zang

 

Alleged Conduct: Action for preliminary injunction for violations of Section 5 of the FTC 

 Act and Section 7 of the Clayton Act in connection with a proposed 

 hospital merger.
4

Status: Complaint filed 12/9/15.

 TRO entered 12/9/15.

FTC v. STAPLES, INC. No. 1:15-cv-2115 (D.D.C.)

Parties: Staples, Inc.

Office Depot, Inc.

Assigned Attorneys: Alexis Gilman (BC/Mergers IV)

Kevin Hahm

Charles Loughlin

Tara Reinhart

Stelios Xenakis

Alleged Conduct: Action for preliminary injunction for violations of Section 5 of the FTC 

Act and Section 7 of the Clayton Act in conjunction with the proposed 

merger between Staples, Inc. and Office Depot, Inc.

Status: Complaint filed 12/7/15.

 TRO entered 12/8/15.

FTC v. STERIS CORPORATION, No. 1:15-cv-1080 (N.D. Ohio)

Parties: Steris Corporation

Synergy Health Plc

Assigned Attorneys: Amy Posner (BC/Mergers I)

Michael Moiseyev

Tara Reinhart

Daniel Zach

Meghan Iorianni

Noah B. Pinegar

Peggy D.B. Femenella

Peter Colwell

Stephen A. Mohr

Alleged Conduct: Action for preliminary injunction for violations of Section 5 of the FTC 

Act and Section 7 of the Clayton Act in conjunction with Steris 

Corporation’s proposed merger with Synergy Health plc.

Status: Complaint filed 5/29/15.

 TRO entered 6/1/15.

 Preliminary injunction hearing held 8/17/15.

 Order denying preliminary injunction and dismissing case entered 9/24/15.
5

(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

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

 and the Fair 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.

 Stipulated preliminary injunction entered 6/2/15.

Commission’s motion for preliminary injunction with asset freeze filed

8/5/15; memorandum in opposition by Charles Blakely filed

9/15/15; memorandum in opposition by 4 Star Resolution, LLC

filed 9/23/15.

Preliminary injunction with asset freeze entered 11/21/15.

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

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

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: Steven W. Balster (ECR)

Jonathan L Kessler 

 Maria Del Monaco 

Stacy Rene Procter (WRLA)

 Michael D. Bergman (OGC)

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.

 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 
7

 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 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 

 filed 5/8/15; Appellants’ reply brief filed 6/19/15.

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

 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.
8

Status: Complaint filed 9/8/14.

 Defendants’ motion to dismiss filed 11/12/14; Commission’s brief in 

opposition filed 12/12/14.

Order granting defendants’ motion to dismiss Count II of the complaint 

 entered 5/6/15.

Commission’s motion for entry of judgment under Rule 54(b) filed 6/5/15;

 response in opposition by Abbott Laboratories, Abbvie, Inc. and

 Unimed Pharmaceuticals filed 6/25/15; Commission’s reply filed 

 7/2/15.

Order holding Commission’s pending Rule 54(b) motion in abeyance 

 entered 7/8/15.

Commission’s motion for reconsideration of dismissal filed 7/20/15; 

 defendant’s response filed 7/31/15; reply filed 8/7/15.

Motion for reconsideration denied 8/25/15.

Motion to direct entry of partial final judgment under Rule 54(b) denied 

 8/26/15.

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.
9

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.

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.
10

Motion for interlocutory appeal by Paddock Laboratories, Inc. and Par

Pharmaceutical Companies, Inc. filed 4/22/14; Commission’s

opposition filed 5/6/14; oral argument held 5/9/14; motion denied

5/9/14.

FTC v. ALL US MARKETING, No. 6:15-cv-1016 (M.D. Fla.)

Parties: All US Marketing, LLC, f/k/a Payless Solutions, LLC

Global Marketing Enterprises Inc., f/k/a Pay Less Solutions, Inc.

Global One Financial Services, LLC

Your #1 Savings, LLC

Ovadaa, LLC

Royal Holdings of America, LLC

GRR Financial Services, LLC

Auto Guardian USA, LLC

Premier Marketing International, LLC

Gary Rodriguez, d/b/a Global Financial Services, LLC d/b/a Engineering

Development Enterprise, LLC d/b/a PBMS, LLC

Marbel Rodriguez, d/b/a American Best Savings LLC d/b/a Americas First

Source, LLC

Carmen Williams

Jonathan Paulino 

Fariborz Fard

Shirin Imani

Alex Serna d/b/a GRR Financial Service, LLC d/b/a AJC Global

Solutions, LLC

Christian Serna

Kimberly Coarse

Assigned Attorneys: James Davis (MWR)

John Hallerud

Elizabeth Scott

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

and the Telemarketing Sales Rule in connection with credit card interest

rate reduction services.

Status: Complaint filed 6/22/15.

 TRO entered 6/22/15.

 Stipulated preliminary injunction as to Royal Holdings of America LLC, 

 Ovadaa LLC, Carmen Williams, and Jonathan Paulino, Fariborz 

 Fard, Shirin Imani, Global Marketing Enterprises, Inc., Gary 

 Rodriguez, Marbel Rodriguez, Alex Serna entered 7/7/15.

 Preliminary Injunction as to All Us Marketing LLC entered 7/7/15.

 Amended complaint filed 10/6/15

 Stipulated preliminary injunction as to Kimberly Coarse, Auto Guardian 

USA, LLC, and Premier Marketing International, LLC entered 
11

12/3/15.

Motion for entry of stipulated final judgment and permanent injunction as 

to defendants Fariborz Fard, Shirin Imani, and Global Marketing

Enterprises, Inc. filed 12/3/15; motion denied 12/4/15.

Trial scheduled for 6/13/17.

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

Parties: Amazon.com

Assigned Attorneys: Jason Adler (BCP/FP)

Heather Allen

Miya Rahamim

Duane Pozza

Heather Allen

Jane Ricci

Courtney Estep

Laura Marie Solis

Katharine Roller

Lisa Rothfarb

Helen Wong

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.

Summary judgment motions due 1/29/16.

Trial scheduled for 5/2/16.

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

 German Lebedev

 Publication A.Y.B., Inc.
12

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.

Default as to all defendants entered 8/21/15.

Default judgment and order for permanent injunction and monetary relief

entered 11/20/15.

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.
14

Stipulated permanent injunction and monetary judgment as to defendants 

AMG Services and MNE Services, Inc. entered 1/23/15.

Stipulated permanent injunction and monetary judgment against 

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

 entered 3/17/15.

Motion for preliminary injunction by the Commission filed 5/8/15; 

 responses filed 5/26/15.

Stipulated orders for permanent injunction and equitable monetary relief

as to defendants Red Cedar Services, Inc. and SFS, Inc. entered 

11/25/15.

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 and practices in violation of Section 5 and the 

Telemarketing and Consumer Fraud Abuse and Prevention Act in 

connection with work-from-home business opportunity scheme.
15

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 

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

Order granting Motion to Dismiss Sonnenberg defendants' counterclaim 

 entered 4/9/15.

Amended complaint filed 5/14/15.

Notice of death of defendant Chad Huntsman filed 6/9/15.

Permanent injunction and monetary judgment as to David Bevan entered

 6/24/15.

FTC v. AT&T MOBILITY, LLC., No. 15-16585 (9th Cir.); 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

David Sieradzki (OGC)

Matthew Hoffman

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. 

AT&T Mobility’s motion for leave to take interlocutory appeal filed 

 4/9/15; Commission’s response filed 4/23/15; AT&T Mobility’s 

 reply filed 4/30/15.

Order granting AT&T Mobility’s motion to appeal entered 5/15/15.

Petition to Ninth Circuit for permission to appeal by AT&T Mobility filed

5/26/15; Commission’s response filed 6/8/15.

Order granting interlocutory review entered 8/10/15.

Motion to stay pending appeal filed 8/18/15.

Stay denied 9/25/15.

 Appellant’s opening brief filed 11/18/15; Commission’s answering brief 

 due 2/22/16. 
16

FTC v. BAM FINANCIAL, No. SACV15-01672JVS (DFMx) (C.D. Cal.)

Parties: BAM Financial, LLC d/b/a West and Associates, Chelsea & Associates, 

and Chelsea Financial

Everton Financial, LLC d/b/a West and Associates

Legal Financial Consulting LLC d/b/a West and Associates

Luis O. Carrera a/k/a Luis O. Carrera-Cavero

 

Assigned Attorneys: Connor Shively (NWR)

 Richard McKewen

Raymond McKown

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

Section 814 of the Fair Debt Collection Practices Act in connection with 

debt collection activities.

Status: Complaint filed 10/19/15.

 TRO entered 10/22/15; extended 10/30/15.

FTC v. BF LABS, INC., No. 14-3286 (8th Cir.); No. 4:14-cv-815 (W.D. Mo.)

Parties: BF Labs, Inc.

 Darla Drake

 Nasser Ghoseiri

 Sonny Vleisides

 Kyle Alexander (would-be intervenor)

 Dylan Symington (would-be intervenor)

Assigned Attorneys: Helen Wong (BCP/FP)

 Greg Ashe

Jason Adler

David Sieradzki (OGC)

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.

Motion to intervene by Kyle Alexander and Dylan Symington filed 

 9/28/14; denied 10/3/14; notice of appeal filed 10/3/14.

Appellants’ brief filed 11/24/14; Commission’s responsive brief filed 

 1/16/15.

 Commission’s motion to dismiss counterclaims for lack of jurisdiction
17

filed 3/10/15; BF Labs’ opposition filed 3/30/15; Commission’s 

reply filed 4/13/15; BF’s Labs’ motion to file surreply in 

opposition filed 4/17/15; Commission’s opposition filed 4/28/15.

 Order granting BF Labs’ motion for leave to file a surreply entered 

 6/10/15.

Order granting Commission’s motion to dismiss counterclaims entered

6/15/15.

Opinion by court of appeals affirming district court’s order denying 

 motion to intervene entered 8/25/15.

Order staying case for 120 days to consider settlement 

agreement entered 11/2/15.

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.

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.
18

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.

 Oral argument before the district court concerning applicability of

 presumption of reliance held 6/4/15.

 Opinion and order ruling that Commission is entitled to presumption of

 consumer reliance entered 11/6/15.

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

 entered 3/18/15.

Trial scheduled for 7/25/16.
19

FTC v. BRACE, No. 1:15-cv-875 (W.D.N.Y.)

Parties: Kelly S. Brace

Braclaire Management, LLC d/b/a Clear Credit Services d/b/a Clear Credit 

Solutions d/b/a Delaware Solutions

Credit Clear Solutions, LLC

Solidus Group, LLC

Assigned Attorneys: Matthew J. Wilshire (BCP/ENF)

 

Alleged Conduct: Violation of Sections 5(a) and the Fair Debt Collection Practices Act in 

connection with deceptive and abusive debt collection practices.

Status: Complaint filed 10/5/15.

TRO entered 10/6/15.

Stipulated preliminary injunction entered 12/8/15.

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.

Stipulated order for permanent injunction and monetary judgment 

entered 9/10/15.

FTC v. BUNZAI MEDIA GROUP, No. 2:15-cv-04527 (C.D. Cal.)

Parties: Bunzai Media Group, Inc., d/b/a Aura Vie, Miracle Face Kit,

Attitude Cosmetics

Pinnacle Logistics, Inc.

DSA Holdings, Inc.
20

Lifestyle Media Brands, Inc.

Agoa Holdings, Inc.

Zen Mobile Media, Inc.

Safehaven Ventures, Inc.

Heritage Alliance Group, Inc.

AMD Financial Network, Inc.

SBM Management, Inc.

Media Urge, Inc.

Adageo, LLC

Calenergy, Inc.

Kai Media, Inc.

Insight Media, Inc.

Alon Nottea

Motti Nottea

Doron Nottea

Igor Latsanovski

Oz Mizrahi

Roi Reuveni

Kristopher Bond

Charlene C. Koonce

Focus Media Solutions, Inc.

Secured Commerce, LLC

Secured Merchants, LLC

USM Products, Inc.

Merchant Leverage Group

DMA Media Holdings, Inc.

Shalita Holdings, Inc.

All Star Beauty Products, Inc.

Alan Argaman

Paul Medina

Chargeback Armor, Inc. (relief defendant)

Assigned Attorneys: Reid Tepfer (SWR)

Luis Gallegos

Raymond McKown 

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

the Restore Online Shoppers’ Confidence Act (ROSCA), and the 

Electronic Fund Transfer Act (EFTA).

Status: Complaint filed 6/15/15.

TRO entered 6/16/15.

Stipulated preliminary injunction as to Oz Mizrahi entered 7/23/15.

Preliminary injunction as to Alon Nottea and Roi Reveni entered 7/23/15.

Stipulated preliminary injunction as to Doran Nottea and Motti Nottea

 entered 7/24/15.

Order that TRO will continue as to defendants Calenergy, 
21

 Inc. and Igor Latsanovski entered 8/6/15.

Default as to Adageo, LLC, Agoa Holdings, Inc, Bunzai Media Group, 

 Inc, also doing business as Aura Vie doing business as Miracle Face 

 Kit doing business as Attitude Cosmetics., DSA Holdings, Inc., 

 Heritage Alliance Group, also doing business as Aura Vie 

 Distribution, Inc, Insight Media, Inc., Kai Media, Inc., Lifestyle 

 Media Brands, Inc, Media Urge, Inc, Safehaven Ventures, Inc, SBM 

 Management, Inc, and Zen Mobile Media, Inc. entered by the clerk 

 8/13/15.

Preliminary injunction as to defendants Igor Latsanovski and Calenergy, 

 Inc. entered 9/9/15.

Amended complaint filed 10/9/15.

FTC v. CANCER FUND OF AMERICA et al., No. 2:15-cv-00884 (D. Ariz.)

Parties: Cancer Fund of America, Inc., d/b/a Breast Cancer Financial

Assistance Fund

Cancer Support Services, Inc.

Children’s Cancer Fund of America, Inc.

The Breast Cancer Society, Inc., d/b/a Breast Cancer Society of America

James Reynolds, Sr.

Kyle Effler

Rose Perkins

James Reynolds, II, a/k/a James Reynolds, Jr.

Assigned Attorneys: Tracy S. Thorleifson (NWR)

Sophie H. Calderon

Krista K. Bush

Connor Shively

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

the Telemarketing Sales Rule in connection with soliciting donations

from the public for sham charities.

Status: Complaint filed 5/18/15.

Stipulated permanent injunction and monetary judgment against 

 Children’s Cancer Fund of America, The Breast Cancer Society of 

 America, Rose Perkins, Kyle Effler, and James Reynolds, II entered 

 5/22/15.

Stipulated amended orders appointing a receiver over The Breast Cancer

Society, Inc., and Children’s Cancer Society of America, Inc., 

Entered 5/28/15; orders modified by stipulation 10/15/15.

Commission’s motion for preliminary injunction filed 11/18/15.

Commission’s motion for TRO filed 12/30/15.
22

FTC v. CAPITAL ENTERPRISES, INC., 1:15-cv-08407 (S.D.N.Y.)

Parties: Capital Enterprises, Inc. f/k/a David Gates, Inc. d/b/a Gordon James 

Enterprises d/b/a Maxwell Gates Enterprises d/b/a Maxwell Scott

Enterprises d/b/a Preston Lord Enterprises d/b/a Warner Daniel

Enterprises

Java Enterprises, LLC

Mason Grace Enterprises, LLC d/b/a Mason Grace Ventures

Preston Lord Enterprises of New York, LLC d/b/a Preston Lord

Enterprises 

David S. Brookman

Assigned Attorneys: Savvas S. Diacosavvas (NER)

Darren H. Lubetzky 

Laura A. Zuckerwise 

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

Opportunity Rule in connection with the marketing of work-at-home 

programs.

Status: Complaint filed 10/29/15

Ex parte TRO with asset freeze entered 11/3/15

Stipulated preliminary injunction entered 10/30/15

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

Tuan Dinh Duong a/k/a, Thomas Duong, Andrew Vu, and Kevin Young

Assigned Attorneys: LaShawn M. Johnson (BCP/FP)

 Mark L. Glassman 

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

Amended complaint adding defendant Tuan Dinh Duong filed 4/2/15.
23

Motion for summary judgment by the Commission filed 9/4/15; 

opposition by defendant Tuan Dinh Duong filed 10/2/15; 

Commission’s reply filed 10/8/15.

FTC v. CLICK4SUPPORT, LLC, No. 2:15-cv-05777 (E.D.Pa.)

Parties: Click4Support, LLC

 iSourceUSA d/b/a Click4Support d/b/a UBERTECHSUPPORT

 Innovacion, LLC d/b/a Click4Support Tech Services

 Spanning Source, LLC d/b/a Click4Support

 Bruce Bartolotta a/k/a Bruce Bart

 George Saab

 Chetan Bhikhubhai Patel

 Niraj Patel

Assigned Attorneys: Fil M. De Banate (ECR)

 Christopher D. Panek

 Nicole J. Guinto

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

 Sales Rule in connection with the defendants’ telemarketing scheme 

 purporting to offer technical support services.

Status: Complaint filed 10/26/15.

 Ex parte TRO with asset freeze and other equitable relief entered 10/27/15.

 Preliminary injunction entered 11/10/15.

 Notice of appeal filed 12/8/15.

 Order directing parties to participate in appellate mediation on 3/1/16 and to 

submit confidential mediation statements no later than 2/2/16,

entered 1/28/16.

 

FTC v. COMMERCE PLANET, INC., Nos. 15-55510, 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

Assigned Attorneys: David M. Newman (WRSF)

Eric D. Edmondson

Michele Arington (OGC)

David Sieradzki 
24

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 

relief filed 6/29/11.

 Defendant Charles Gugliuzza’s motion for summary judgment filed 
25

 7/27/11;

Commission’s opposition filed 8/22/11; reply filed 8/29/11; order

denying motion for summary judgment entered 9/8/11.

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.

Notice of appeal by Gugliuzza filed 4/2/15.

 Appellant’s opening brief filed 8/7/15; Commission’s brief filed 11/5/15; 

 appellant’s reply brief filed 12/8/15.

FTC v. CONSTRUCT DATA PUBLISHERS, No. 13-cv-1999 (N.D. Ill.)

Parties: Construct Data Publishers d/b/a Fair Guide

 Wolfgang Valvoda

 Susanne Anhorn

Assigned Attorneys: Guy G. Ward (MWR)

Roberto Menjivar

Joseph Einikis

Alleged Conduct: Deceptive acts and practices in violation of section 5(a) in connection with 

the advertising, marketing, promotion, offering for sale, or sale of internet 

directory listings.
26

Status: Complaint filed 3/14/13.

Ex parte TRO with asset freeze and other equitable relief entered 3/15/13.

Preliminary injunction as to all defendants entered 4/17/13.

Default judgment as to all defendants entered 2/11/14.

Motion to vacate default judgment filed by all defendants 3/11/14.

Order vacating default judgment entered 12/9/14.

Commission’s motion to reconsider filed 1/6/15.

Wolfgang Valvoda indicted on 12/17/14.

Order granting stay as to defendant Valvoda entered 4/10/15.

FTC v. CONSUMER COLLECTION ADVOCATES, CORP., No. 15-14437 (11th Cir.); No. 

 0:14-cv-62491 (S.D Fla.)

Parties: Consumer Collection Advocates, Corp.

 Michael R. Ettus

Assigned Attorneys: Barbara E. Bolton (SER)

Matthew Hoffman (OGC)

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 collect funds consumers previously lost to telemarketing fraud.

Status: Complaint filed 11/3/14.

 Stipulated preliminary injunction entered 11/17/14.

Commission’s motion for summary judgment filed 7/24/15; defendant’s 

 response filed 8/17/15; reply filed 8/27/15.

Summary judgment granted 9/08/15.

 Permanent injunction and monetary judgment entered 9/28/15.

 Notice of appeal filed 10/2/15.

 Appellants’ opening brief due 2/26/16.

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)
27

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 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. COORGA NEUTRACEUTICALS, No. 2:15-cv-00072 (D. Wy.)

Parties: Coorga Neutraceuticals Corp.

 Garfield Coore

Assigned Attorneys: Elizabeth Nach (BCP/AP)

 
28

Alleged Conduct: Deceptive acts or practices in connection with the labeling, advertising, 

marketing, distribution, and sale of a dietary supplement in violation of 

Sections 5(a) and 12 of the FTC Act.

Status: Complaint filed 5/13/15.

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

 Anasazi Group, LLC

 Anasazi Services, LLC

 Longboat Group, LLC

 Orlead Group

 Timothy A. Coppinger

 Frampton Rowland, III

Assigned Attorneys: Lisa Rothfarb (BCP/FP)

 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.

Joint motion for permanent injunction as to defendants CWB Services, 

 LLC; Orion Services, LLC; Sandpoint Capital, LLC; Sandpoint 

 LLC; Basseterre Capital, LLC (Delaware and Nevis); Namakan 

 Capital, LLC (Delaware and Nevis); and Timothy A. Coppinger 

 filed 7/7/15. 

Joint motion for permanent injunction as to defendants Vandelier Group 

 LLC; St. Armands Cutter Group LLC; Anasazi Group LLC; 

 Anasazi Services LLC; Longboat Group; and Frampton T. 

 Rowland, III filed 7/15/15.

Permanent injunction as to defendants CWB Services, LLC; Orion 

 Services, LLC; Sandpoint Capital, LLC; Sandpoint LLC; 

 Basseterre Capital, LLC (Delaware and Nevis); Namakan Capital, 

 LLC (Delaware and Nevis); and Timothy A. Coppinger granted 

 8/26/15.
29

Permanent injunction as to defendants Vandelier Group LLC; St. Armands 

 Cutter Group LLC; Anasazi Group LLC; Anasazi Services LLC; 

 Longboat Group; and Frampton T. Rowland, III denied without 

 prejudice 8/26/15.

Joint motion to stay case pending settlement filed 8/31/15; granted 9/3/15.

Stipulated order for permanent injunction and monetary judgment 

against Frampton Rowland, III; Vandelier Group LLC; 

Anasazi Group LLC; Anasazi Services LLC; Longboat 

Group LLC; Orlead Group LLC; and St. Armands Group 

LLC entered 10/14/15.

FTC v. DAYTON FAMILY PRODUCTIONS, INC., No. 13-17448 (9th Cir.); No. 2:97-CV00750 (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 

 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.

 Judgment reversed by memorandum disposition entered 6/11/15.
30

Amended clerk’s judgment against the defendant entered 8/18/15.

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: Michelle Schaefer (ENF)

John Singer (OGC)

Stacy Rene Procter (WRLA)

 

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.

Default by clerk as to defendant Allstar Debt Relief entered 6/5/15.

Default by clerk as to defendants Debtpro 123, Allstar Processing Corp., 

 and BET Companies entered 6/30/15. 

Default entered as to Redwave Management Group, Inc. 7/2/15.

Motion for stipulated permanent injunction and monetary judgment as to 

 Bryan Taylor, Ryan Foland, Stacey Frion, and Kara Taylor filed 

 9/29/15. 

Stipulated orders for permanent injunction and monetary judgment against

 defendants Kara Taylor, Ryan Foland, Bryan Taylor, and

 Stacey Frion entered 10/14/15.

FTC v. DENNY LAKE, No. 8:15-cv-00585 (C.D. Cal.)

Parties: Denny Lake d/b/a JD United d/b/a U.S. Crush d/b/a Advocacy Division 

 d/b/a Advocacy Department d/b/a Advocacy Agency d/b/a 

 Advocacy Program

Chad Caldaronello a/k/a Chad Carlson a/k/a Chad Johnson

C.C. Enterprises, Inc. d/b/a Hope Services d/b/a Trust Payment Center 

 d/b/a Retention Divisions

Derek Nelson a/k/a Dereck Wilson

D.N. Marketing, Inc. d/b/a Hamp Services d/b/a Trial Payment Processing
31

Brian Pacios a/k/a Brian Barry a/k/a Brian Kelly 

Justin Moreira a/k/a Justin Mason a/k/a Justin King a/k/a Justin Smith

 Cortney Gonsalves (relief-defendant)

Assigned Attorneys: Miriam R. Lederer (ENF/BCP)

Jonathan Cohen

John D. Jacobs

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

Mortgage Assistance Relief Services Rule, and the Telemarketing Sales 

Rule in connection with the marketing and sale of mortgage assistance 

relief services.

Status: Complaint filed 4/14/15.

Ex parte TRO with asset freeze entered 4/16/15.

Preliminary injunction entered 5/13/15.

Default as to C.C. Enterprises, Inc. entered 7/24/15.

Motion for stipulated permanent injunction as to Chad 

Caldaronello, Justin Moreira, and Brian Pacios filed 10/30/15.

Stipulated orders for permanent injunction and monetary judgment against

defendants Justin Moreira and Chad Caldaronello entered 11/4/15.

Stipulated orders for permanent injunction and monetary judgment against

defendants Derek Nelson and Cortney Gonsalves entered 12/4/15.

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: Deceptive acts 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.

 Motion for partial summary judgment by DirectTV filed 10/13/15; 

Commission’s response filed 11/24/15.
32

FTC v. E.M. SYSTEMS & SERVICES, LLC, No. 8:15-cv-1417 (M.D. Fla.)

Parties: E.M. Systems & Services, LLC

Administrative Management & Design, LLC

KLS Industries, LLC, d/b/a Satisfied Service Solutions, LLC

Empirical Data Group Technologies, LLC

Epiphany Management systems, LLC

Steven D. Short

Karissa L. Dyar

One Easy Solution LLC

Christopher Miles

Jason E. Gagnon

Kenneth A. Sallies

Matthew B. Thomas

Cardready, LLC

Brandon A. Becker

James F. Berland

Andrew S. Padnick

Assigned Attorneys: Nicholas May (SER)

Anna Burns

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

and the Telemarketing Sales Rule in connection with a debt relief scam.

Status: Complaint filed 6/16/15.

TRO entered 6/17/15.

Stipulated preliminary injunction entered 6/30/15.

Amended complaint filed 12/21/15

FTC v. EMERICA MEDIA CORPORATION, Nos. 9:15-cv-57; 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. 
33

 

Assigned Attorneys: Richard McKewen (NWR)

Michael Mora (ENF)

Michael D. Bergman (OGC)

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.

Notice of appeal by Steven Vincent Sann from bankruptcy court order 

converting case from chapter 11 to chapter 7 proceeding filed 

5/13/15.

Appellants’ brief filed 7/13/15; Commission’s response brief filed 9/2/15;

appellants’ reply brief filed 10/13/15.

Steven Sann sentenced to 24 months in prison 7/17/2015.

 Order granting the Commission’s motion to modify the asset freeze and

 motion to lift the stay entered 8/20/15.

Trial scheduled for 3/17.

FTC v. EQUILIV INVESTMENTS, LLC, No. 2:15-cv-4379 (D. N.J.)

Parties: Equiliv Investments

Ryan Ramminger

Assigned Attorneys: Helen Wong (BCP/FP)

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

FTC Act in connection with a mobile device application that contained

hidden malicious software code used by defendants to take control of

consumers’ mobile devices to generate virtual currencies.

Status: Complaint filed 6/24/15.

Stipulated order for permanent injunction and monetary judgment entered 

10/7/15.
34

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. 

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 judgment filed 6/26/14; Commission’s 

stipulation of no opposition to Ricki Blacki only filed 7/8/14; 

Stipulated summary judgment as to Ricki Black entered 7/22/15.

Commission’s motion for summary judgment filed 7/1/15.

 Default judgment as to Omni Processing Center and MBE Management,

LLC entered 7/18/14. 

Responses to Commission’s motion for summary judgement filed 7/23/15; 

 Commission’s reply filed 8/10/15.

Stipulated consent judgments as to Crystal Ewing, Classic Productions 

LLC, and Ricki Black filed 11/2/15.

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.
35

 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: Katherine M. Worthman (BCP/FP)

Colin A. Hector 

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. 

Motion for summary judgment by Commission filed 8/27/15; opposition

by William Moses filed 11/4/15.

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: Caroline Sadlowski (AUSA)

 Victor V. DeFrancis (BCP/AP)

Michelle K. Rusk

Ella Krainsky

Andrew David Wone

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.

Case stayed until 2/25/16.

 

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, d/b/a Men’s Health Formulas, LLC, Life

Vitamins, and Unleash the Thunder

Method Direct, LLC, d/b/a Extamax, LLC, Vitaman Labs, Inc., Vitafit, 
36

 and Playboy offer/DVD entertainment

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

VIP Savings, LLC, 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

458 Media LLC;

Alpha Brands, LLC;

Blu Stella, LLC;

Brilliant Skin LLC;

Discount Provisions L.L.C.;

Extamax, LLC;

F12 Media LLC;

Flex Formulas, LLC;

GCB Marketing LLC;

Luminous Skin LLC;

Men’s Health Formulas, LLC;

Metabolic Labs, LLC;

Miracle Male, LLC;

Moringa Marketing LLC;

Northbound Marketing LLC;

Skinny 7 LLC;

Wellness Labs, LLC;

Yacon Marketing LLC;

Barrel Roll, LLC;

BSC Marketing, LLC;

Cherry Hill Marketing, LLC;

CSA Ventures, LLC;

Diet Concepts, LLC;

Health Products Direct LLC;

KMS Marketing LLC;

Natural Products Direct LLC;

Northern Health Products LLC;

Pure and Natural Health Products LLC;

Pure and Simple Health Products LLC;

Radiant Skin LLC;

Shimmering Skin LLC;

Tindy Films LLC;

Wellness Products, LLC;

Method Films, Inc.

Assigned Attorneys: Danielle Estrada (BCP/MP)
37

Melissa Dickey

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

Act, the Electronic Fund Transfer Act, the Restore Online Shoppers 

Confidence Act, Regulation E, and the Telemarketing Sales Rule in 

connection with “free” trials and buy-one-get-one offers of health and 

cosmetic products.

Status: Complaint filed 10/7/14.

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

Stipulated preliminary injunction as to defendants Chapnick, Smukler &

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

 11/17/14.

Amended Complaint filed 2/5/15.

Preliminary injunction as to defendants Health Formulas, LLC; Pure

Vitamins, LLC; Longhorn Marketing, LLC; Method Direct,

LLC;Weight Loss Dojo, LLC; VIP Savings, LLC; DJD 

 Distribution, LLC; MDCC, LLC; Jason Miller; and Danelle Miller, 

 and extension of asset freeze as to remaining defendants entered 

 5/6/15.

Stipulated consent judgment filed 12/22/15.

FTC v. HOLD BILLING SERVICES, LTD., No. 5:98-cv-00629 (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 
38

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

Parties: Ideal Financial Solutions, Inc.

 Ascot Crossing, LLC

 Bracknell Shore, Ltd.

 Chandon Group, Inc.

 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: Blaine T Welsh (ASUA)

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.
39

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.

 Default judgment entered against Ascot Crossing, LLC, Avanix, LLC, 

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

 and Ideal Financial Solutions entered 6/6/14.

 Order granting summary judgement on liability but denying summary 

 judgment on remedy as to defendants Steven Sunyich, Chris 

 Sunyich, Michael Sunyich, Melissa Sunyich Gardner, and Jared 

 Mosher entered 6/30/15. 

 Commission’s motion for default judgment against corporate defendants 

filed 7/30/15. 

 Commission’s motion for summary judgment for monetary and injunctive 

relief against Steven Sunyich, Chris Sunyich, Jared Mosher, 

Michael Sunyich, and Melissa Sunyich Gardner filed 7/30/15; 

responses by Michael Sunyich, Melissa Sunyich Gardner, Steven 

Sunyich filed 8/20/15; response to motion for summary judgment 

by Christopher Sunyich filed 8/24/15; reply filed 9/3/15.

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. d/b/a Netcom3 Software, Inc.

Cashier Myricks, Jr. a/k/a Cashier Myrick

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.

Amended complaint filed 1/20/15.

 Trial scheduled for 9/19/16.
40

FTC v. INFUSION MEDIA, INC, No. 14-16485 (9th Cir.); No. 2:09-cv-01112 (D. Nev.)

Parties: Infusion Media, Inc., d/b/a Google Money Tree, Google Pro, Internet 

Income Pro and Google Treasure Chest

West Coast Internet Media, Inc., d/b/a Google Money Tree, Google Pro,

Internet Income Pro and Google Treasure Chest

Two Warnings, LLC

Two Part Investments, LLC

Platinum Teleservices, Inc.

Jonathan Eborn

Stephanie Burnside

Michael McLain Miller

Tony Norton

Assigned Attorneys: Benjamin Theisman (BCP/ENF)

Michael Davis

Michael Bergman (OGC)

Alleged Conduct: Violations of Section 5(a) of the FTC Act, the Electronic Fund Transfer

Act and Regulation E, in connection with home business opportunity kits.

Status: Complaint filed 6/22/09.

Stipulated consent judgment and order for permanent injunction and other

equitable relief entered 10/4/10.

Commission’s motion to enter judgment holding defendant, Jonathan 

Eborn liable for full monetary judgment filed 3/25/14; defendant’s 

response to motion filed 4/11/14; Commission’s reply filed 

4/18/14; Commission’s motion for leave to file amended response 

filed 4/18/14; order granting motion to amend entered 4/24/14; 

Jonathan Eborn’s response to motion for judgment filed 4/24/14.

Oral argument held 5/27/14.

Judgment and order against Jonathan Eborn entered 6/4/14.

Notice of appeal to Ninth Circuit by Jonathan Eborn filed 8/1/14.

Opening brief by Jonathan Eborn filed 12/10/14; Commission’s answering

brief filed 2/9/15; reply brief of Jonathan Eborn filed 3/24/15.

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 CANCERDevelopment 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 
41

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. 

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.
42

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.

 Oral arguments held 8/12/15.

 Opinion affirming district court’s summary judgment order in the 

 Commission’s favor entered 10/5/15.

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.

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.
43

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., 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.
44

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

summary judgment entered 3/31/15.

Brief by the Commission regarding revised consumer injury amount filed 

 6/22/15; answering brief filed 7/22/15.

Order denying defendant Johnson’s ex parte motion to set aside 

 preliminary order entered 7/8/15.

Motion for relief from preliminary injunction filed by defendant Jeremy 

 Johnson 8/4/15; response filed 8/21/15; response by receiver filed 

 9/4/15; reply to response filed 9/29/15.

Trial scheduled for 3/28/16.

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.
45

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

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

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. K.I.P., LLC, No. 1:15-cv-02985 (N.D. Ill.)

Parties: K.I.P., LLC

Charles Dickey

Chantelle Dickey (a/k/a Chantelle Rudd, Chantelle Williams)

Ezell Williams and Associates, Corp.

Ezell Williams, LLC

Excel Receivables, Corp.

Second Chance Financial Credit, Corp.

Second Chance Financial, LLC

Payday Loan Recovery Group, LLC

Payday Loan Recovery Group

Payday Loan Recovery

International Recovery Services, LLC

International Recovery Services

D&R Recovery

Assigned Attorneys: William Hodor (MWR)

Theresa McGrew

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 4/6/15.

 TRO entered 4/7/15.

 Preliminary injunction entered 4/21/15.

 Stipulated final judgment and order for permanent injunction and 

 monetary relief entered 11/4/15.
46

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

Parties: Lanier Law, LLC d/b/a Redstone Law Group d/b/a The Law Offices of 

Michael W. Lanier

 Fortress Law Group, LLC

Redstone Law Group

 Surety Law Group, LLC

Fortress Law Group, PC

 Liberty & Trust Law Group of Florida, LLC

 Michael W. Lanier

Rogelio Robles a/k/a Roger Robles

Edward William Rennick, III

 

Assigned Attorneys: Harold E. Kirtz (SERA)

 Gideon Sinasohn

Anna Burns

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 7/8/14.

 Ex parte TRO entered 7/11/14.

Preliminary injunction with asset freeze entered as to all defendants

 8/1/14.

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

 filed 9/4/14.

 Amended complaint filed 12/22/14. 

 Motion to dismiss amended complaint filed 1/13/15; Commission’s

opposition filed 1/30/15.

Order granting preliminary injunction, as to defendants Fortress Law 

 Group, Redstone Law Group, Rogelio Robles, and Edward 

 William Rennick, III entered 2/6/15.

Notices of appeal of Rogelio Robles and Edward Rennick filed 3/20/15 

 and 3/23/15.

Order dismissing appeal as to defendant Rogelio Robles entered 6/2/15.

Order denying motion to dismiss entered 7/28/15.

Counterclaim by Liberty & Trust Law Group of Florida, LLC, Lanier 

 Law, LLC, and Michael W. Lanier filed 8/19/15.; Commission’s 

 response due by 10/19/15.

Motion to vacate TRO filed by defendant Michael W. Lanier 

 8/25/15; Commission’s opposition filed 9/10/15.

Commission’s motion for summary judgment filed 12/29/15.

Motion for partial summary judgment filed by defendant

Lanier and three related corporate defendants 12/30/15.
47

FTC v. LEANSPA LLC, Nos. 15-1009, 15-1014, 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)

 Michele Arington (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 1/29/12. 

Motion for stipulated preliminary injunction against Richard Chiang filed 

11/15/12. 

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, 
48

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. 

Appeal of summary judgment and order of disgorgement by defendants

 Leadclick Media, Inc. and CoreLogic, Inc. filed 4/2/15.

Notices of appeal filed 4/2/15.

Appellants’ opening briefs filed 7/20/15; Commission’s answering brief 

filed 10/19/15; appellants’ reply briefs filed 11/30/15.

FTC v. LIBERTY SUPPLY, No. 4:15-cv-829 (E.D.Tex.)

Parties: Liberty Supply Co. d/b/a Omni Services

Mia McCrary

John Hart

Nor-Jay Enterprises, Inc. (Relief Defendant)

Assigned Attorneys: Eric Roberson (SWR)

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

the FTC’s Telemarketing Sales Rule, and the Unordered Merchandise 

Statute.

Status: Complaint filed 12/04/15.

TRO entered 12/04/15.

Preliminary injunction order entered 12/30/15.

FTC v. LIFELOCK, No. 2:10-cv-00530 (D. Ariz.)

Parties: LifeLock Incorporated

Richard Todd Davis

Robert J Maynard, Jr.

Assigned Attorneys: Gregory John Madden (BCP/ENF)
49

Hong Joon Park

Susan H. Pope

Elisa Jillson

Alleged Conduct: Contempt proceedings regarding deceptive and unfair acts and practices in 

violation of Sections 5(a) and 13(b) of the FTC Act regarding identity 

theft prevention services.

Status: Complaint filed 3/9/10.

Stipulated final judgment and order for permanent injunction and other 

 equitable relief entered 3/9/10.

 Commission’s motion for contempt against LifeLock filed 7/21/15.

Order granting consent motion providing injunctive and equitable 

monetary relief entered 12/22/15.

FTC v. LIFEWATCH, No. 1:15-cv-05781 (N.D. Ill.)

Parties: Lifewatch Inc. d/b/a Lifewatch USA and Medical Alarm Systems

Evan Sirlin

Assigned Attorneys: David O’Toole (MWR)

Marissa Reich

Roberto Menjivar

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

FTC Act, the Telemarketing Act, and the Telemarketing Sales Rule in 

connection with robocalls that pitched seniors “free” medical alert 

 systems.

Status: Complaint filed 6/30/15.

Motion for preliminary injunction filed 7/6/15.

Preliminary injunction hearing held 12/14/15.

FTC v. LUNADA BIOMEDICAL, No. 2:15-cv-03380 (C.D. Cal.)

Parties: Lunada Biomedical, Inc.

Donna Kasseinova

Roman Trunin

Emil Arutyunov, a/k/a Emil Chiaberi

Assigned Attorneys: Michael Davis (BCP/ENF)

Shira Modell

Sydney M Knight

John David Jacobs

Dean C Graybill
50

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

FTC Action in connection with the sale of the dietary supplement 

 Amberen.

Status: Complaint filed 5/5/15.

Amended complaint filed 12/2/15.

Motion by defendants to dismiss certain counts of complaints, or, in the 

alternative, for partial summary judgment filed 12/21/15.

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

Parties: Awards Research Consultant, LLC

John Leon

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

Marketing

Mail Tree Inc.

Mailpro Americas Corp.

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

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

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

Information Exchange

Michael McKay Co.

Matthew Pisoni

Serena Pisoni

Marcus Pradel

Victor Ramirez

Romeria Global, LLC d/b/a Lowenstein Varick and Nagel

Spin Mail, Inc.

Supreme Media, LLC

Trans National Concepts, Inc.

Vernier Holdings, Inc.

Assigned Attorneys: Guy Ward (MWR)

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

connection with sweepstakes scam.

Status: Complaint filed 5/18/15.

Ex parte TRO entered 5/19/15.

Preliminary injunction against all defendants except Marcus Pradel and 

 Trans National Concepts entered 6/12/15.

Stipulated preliminary injunction as to defendants Marcus Pradel and 

 Trans National Concepts entered 6/12/15.

Order staying case entered 6/12/15.

Trial scheduled for 3/16.
51

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

Parties: MDK Media Inc. d/b/a SE Ventures d/b/a GMK Communications d/b/a

EMG

 Makonnen Demessow Kebede

Tendenci Media LLC

 Sarah Brekke

 Mindkontrol Industries LLC

 Christopher Thomas Denovellis

 Anacapa Media LLC

 Wayne Calvin Byrd

 Bear Communications LLC

 James Matthew Dawson

 Network One Commerce Inc.

 Casey Lee Adkisson

 Erdi Development LLC

 Erdolo Levy 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)

 Maricela Segura

 Barbara Y K Chun

Kenneth H. Abbe

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.

Final orders for permanent injunction and monetary judgment against

 defendants MDK Media Inc., Makonnen Demessow Kebede,

 Tendenci Media LLC, Sarah Brekke, Mindkontrol Industries LLC,

 Christopher Thomas Denovellis, Anacapa Media LLC, Wayne 

 Calvin Byrd II, Bear Communications LLC, James Matthew 

 Dawson, Network One Commerce Inc., and Casey Lee Adkisson 
52

 entered 5/6/15. 

Order granting U.S. Attorney’s application to intervene

 and staying case for 90 days entered 7/23/15.

Order staying case entered 10/20/15.

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

Standard Industries, LLC

Andrew J. Stafford

Alan M. Landsman

Brandon D. Riggs

Assigned Attorneys: Harris A. Senturia (ECR)

Amy C.Hocevar

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.

Amended complaint naming additional defendants Andrew J. 

 Stafford, Alan M. Landsman, and Brandon D. Riggs filed 7/2/15.

Clerk’s entry of default as to defendants B & E Industries, Commercial 

Industries, Environmental Industries, Essex Industries, Hansen 

Supply, Johnson Distributing, Mid Atlantic Industries, Midway 

Industries, Midway Management, National, Standard Industries, 

and State Power and Lighting entered 10/7/15.
53

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

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: Rhonda Perkins (BCP/MP)

 James Evans

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.
54

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.

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.

Final judgment and orders for permanent injunction and equitable 

monetary judgment as to Lukeroy K. Rose, Clinton Rackley and 

Leary Darling entered 6/3/15.

Amended stipulated orders for permanent injunction and monetary 

judgment as to Jennifer Beckman, Solana DePaola, William D. 
55

Claspell and Lance Himes entered 6/3/15.

 Orders for permanent injunction and monetary judgment as to Donna F. 

 Duckett and Ronald W. Hobbs entered 6/24/15.

 Orders for permanent injunction and monetary judgment as to Dino 

 Mitchell, Cynthia Miller and Richard Frost entered 7/15/15.

 Orders for permanent injunction and monetary judgment as to Cordell 

 Bess, Money Now Funding LLC, Legal Doxs LLC, US Doc 

 Assist LLC, Rose Marketing LLC, DePaola Marketing LLC, 

 Affiliate Marketing Group LLC, Affinity Technologies LLC,

 Strategic Media Advertising LLC, Global Network Marketing

 LLC, and Precise Payroll Services LLC entered 7/17/15.

 Orders for permanent injunction and monetary judgment as to Della 

 Frost, Christopher Grimes, Alannah M. Harre, Janine Lilly, 

Michael McIntyre, Benny Montgomery, Virginia Rios, and

Kendrick Thomas entered 7/20/15.

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

Parties: Mytel International, Inc.

 Gilbert N. Michaels

 Gerald Feldman

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

Elsie B. Kappler

 John D. Jacobs (WRLA)

 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.

Order lifting stay entered 4/15/15.

Order adopting stipulated protective order entered 10/13/15.

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
56

 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.

Stipulation to enter into a final order for permanent injunction and 

settlement of claims filed 7/29/15.

Stipulation and order for permanent injunction and settlement of claims 

entered 10/16/15.

FTC v. NATIONAL PAYMENT PROCESSING, LLC, No. 1:15-cv-03811 (N.D. Ga.)

Parties: National Payment Processing, LLC

National Client Services, LLC d/b/a AFS Legal Services d/b/a AFS 

Services d/b/a Account Financial Services d/b/a Account 

Financial Services

Omar Smith

Ernest Smith

Assigned Attorneys: Robin L. Rock (SER)

Hans C. Claussen

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

and the Fair Debt Collection Practices Act in connection with the 

collection of debt or purported debt.

Status: Complaint filed 10/30/15.

Ex parte TRO with asset freeze and other equitable relief entered 11/2/15.
57

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.

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 

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

Order finding defendants liable for contempt and ordering further 

proceedings on remedy entered 8/8/13.

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

Order holding defendants liable for contempt and directing compensatory 

sanctions to redress consumers entered 5/14/14.

Defendants’ notices of appeal filed 7/11/14 and 7/14/14.
58

Order by district court imposing coercive contempt sanction and directing 

that defendants Jared Wheat and Stephen Smith be incarcerated 

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

Petition for mandamus by defendants Wheat and Smith seeking to 

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

Notice of appeal from coercive contempt order and emergency motion for 

a stay by defendants Wheat and Smith filed 9/4/14; Commission’s 

opposition filed 9/5/14; motion for stay denied 9/5/14; motion to 

voluntarily dismiss appeal filed 9/8/14; appeal no. 14-13972 

dismissed 10/15/14.

Motion to purge contempt defendants of contempt filed 9/26/14; 

Commission’s opposition filed 9/26/14.

Second motion to purge contempt defendants or release contempt 

defendants pending determination of less restrictive mean to purge 

contempt filed 10/16/14; Commission’s response filed 1/13/15; 

granted 1/20/15.

Motion to stay execution of judgment pending appeal entered 10/30/14; 

denied 1/23/15.

Appellants’ briefs (No. 14-13131) filed 10/30/14.

Order that the US Marshal’s Service release Jared Wheat and Stephen 

Smith from incarceration entered 11/10/14.

Commission’s answering brief (No. 14-13131) filed 1/9/15; appellants’ 

reply briefs filed 2/17/15.

Oral argument in Eleventh Circuit held 4/17/15.

Opinion vacating district court’s judgment of contempt and remanding 

case to district court for further proceedings entered 5/5/15.

Commission’s motion for clarification filed 6/4/15; Hi-Tech 

Pharmaceuticals response filed 6/18/15.

Commission’s motion for entry of contempt judgement relating to HiTech Pharmaceuticals, Inc., Jared Wheat, and Stephen Smith’s 

violation of section VI and motion for compensatory sanctions 

filed 8/20/15; opposition filed 10/9/15; Commission’s reply filed 

10/26/15; order denying motion with leave to refile entered 

11/4/15.

FTC v. NEOVI, INC., Nos. 15-56730, 12-56658, 12-56735, 09-55093 (9th Cir.); No. 3:06-cv01952 (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)
59

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.

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.

Final order for permanent injunction and other equitable relief as to 

 defendant James Danforth entered 9/1/15.

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

 modify final order entered 9/9/15.

Order finding that defendant have failed to purge their non-compliance 

 and imposing sanctions entered 9/9/15.

Notice of appeal by Thomas Villwock filed 11/6/15.

Appellant’s opening brief due 2/16/16; Commission’s answering brief due 
60

3/16/16; reply brief due 4/18/16.

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

 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

Tawana E. Davis

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.

 Joint motion for preliminary injunction regarding Twelfth St Property 

 filed 6/3/15.

 Order granting motion for preliminary injunction 6/5/15.

 Modified preliminary injunction and stipulated order entered 8/4/15.

Joint motion for permanent injunction as to defendants NBP Advertising, 

Nationwide Ventures, Olympus Advertising, JMD Advertising, 

Sermo Group, Signature Group, Paul Daniel Pascual, Bryan 

Benjamin Walsh, and relief defendant CPW Funding filed 

11/16/15.

Motion for summary judgment by Commission filed 12/12/15.

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

Parties: OnlineYellowPagesToday.com, Inc. 

USYellowPageDirectory.com, Inc.

7703236 Canada, Inc.
61

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 entered 3/10/15.

Default against defendants OnlineYellowPagesToday.com, Inc., 

 USYellowPageDirectory.com, Inc., 7703236 Canada, Inc., and 

7095333 Canada, Inc. entered 4/10/15.

Motion for default judgment as to defendants 

 OnlineYellowPagesToday.com, Inc., 

USYellowPageDirectory.com, Inc., 7703236 Canada, Inc., and 

 7095333 Canada, Inc. filed 5/12/15.

Default judgment and order for permanent injunction and monetary relief

as to defendants OnlineYellowPagesToday.com, Inc., 

USYellowPageDirectory.co, Inc., 7703236 Canada, Inc., and

7095333 Canada, Inc. entered 10/29/15.

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. Kieper 

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

 Walter S. Vargas

Constanza Gomez Vargas

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.

 Corrected preliminary injunction against Partners in Health Care 

 Association and Gary L. Kieper entered 9/11/14.

Stipulated preliminary injunction against defendants United Solutions

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

 9/11/14.
62

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

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

 Order staying the case entered 5/4/15.

Stipulated permanent injunction against United Solutions Group, Inc. 

 entered 7/1/15.

Motion for entry of default as to Partners In Health Care Association, Inc. 

 filed 8/14/15; non-entry of default as to Partners In Health Care 

 Association, Inc. due to responsive pleading entered 8/17/15.

Motion for summary judgment by Commission filed 10/30/15.

Motion for default judgment against Partners in Health Care Association 

filed 10/30/15.

Stipulated order for permanent injunction and monetary judgment as to 

defendants United Solutions Group, Walter Vargas, and Constance 

Gomez Vargas entered 11/9/15.

Trial scheduled for 6/13/16.

FTC v. PAYBASICS, No. 1:15-cv-10963 (N.D. Ill)

Parties: PayBasics, Inc. d/b/a Livewire Commerce

Todd Hatch

Jimmy Shin

Assigned Attorneys: Darren Lubetzky (NER)

Savvas Diacosavvas

Brian Lasky

James Davis (MWR)

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

Rule in connection with credit and laundering scheme.

Status: Complaint filed 12/7/2015.

Settlement agreement stipulated order for permanent injunction and 

monetary judgment against all defendants filed 12/7/2015.

FTC v. PREMIER DEBT ACQUISITIONS, No. 1:15-cv-00421 (W.D.N.Y.)

Parties: Premier Debt Acquisitions LLC, d/b/a PDA Group LLC

Prizm Debt Solutions LLC, d/b/a PDS, LLC

Samuel Sole and Associates, LLC, d/b/a SSA Group LLC, and also d/b/a 

Imperial Processing Solutions

Charles Glander 

Jacob Kirbis

Assigned Attorneys: Daniel Dwyer (BCP/FP)

LaShawn Johnson

Alleged Conduct: Violations of Section 5(a) of the FTC Act and the Fair Debt Collection
63

Practices Act in connection with deceptive and abusive third-party debt

collection.

Status: Complaint filed 5/11/15.

Preliminary injunction entered 5/21/15.

Joint motion to enter a final order for permanent injunction and 

settlement of claims filed 11/16/15.

FTC v. PRIMARY GROUP INC., No. 15-1820 (Fed. Cir); No. 15-13947 (11th Cir.); No. 1:15-

cv-01645 (N.D. Ga.)

Parties: Gail Daniels

June Fleming

The Primary Group Inc., f/k/a A Primary Systems Group Inc., d/b/a 

Primary Solutions and PSA Investigations

Assigned Attorneys: Michelle Grajales (BCP/FP)

Colin Hector

Robin Rock (SER)

Theodore Paul Metzler (OGC)

Alleged Conduct: Deceptive and unfair debt collection practices in violation of Section 5(a) 

 of the FTC Act and the Fair Debt Collection Practices Act.

Status: Complaint filed 5/11/15.

TRO entered 5/11/15.

Preliminary injunction entered 6/8/15.

Notice of appeal to Federal Circuit by Gail Daniels and June Fleming 

 filed 7/8/15.

Order of the 11th Circuit denying petition for writ of mandamus entered 

 7/27/15.

Commission’s motion to dismiss counterclaim filed 8/6/15.

Default entered as to The Primary Group, Inc. 8/7/15.

 Appeal transferred to the 11th Circuit 9/2/15; appeal dismissed for lack of 

prosecution on 10/9/15.

Individual defendants’ motion to dismiss complaint filed 9/30/15; 

Commission’s opposition filed 10/12/15; reply filed 10/14/15; 

supplemental response by Commission filed 10/28/15.

Order granting Commission’s motion to dismiss counterclaim and denying 

individual defendants’ motion to dismiss complaint entered 

11/3/15.

Motion for summary judgment by Commission filed 11/24/15.
64

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: Michelle 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. PUBLISHERS BUSINESS SERVICES, No. 2:08-cv-00620 (D. Nev.)

Parties: Publishers Business Services, Inc.

Ed Dantuma Enterprises, Inc. d/b/a Publishers Direct Services d/b/a

Publishers Business Services

Persis Dantuma

Brenda Dantuma Schang

Dries Dantuma

Dirk Dantuma

Jeffrey Dantuma

Assigned Attorneys: Faye Chen Barnouw (WRLA)

Maricela Segura

Ramond E. McKown

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

 Telemarketing Sales Rule in connection with the marketing and sale of

 magazine subscriptions.

Status: Complaint filed 5/14/08.

Amended complaint filed 2/5/09.

Commission’s motion for summary judgment filed 7/31/09; opposition 

filed 11/23/09; reply filed 12/7/09.

Order granting the Commission’s motion for summary judgment entered 

4/7/10.

Order for permanent injunction as to all defendants entered 4/7/10.

Commission’s opening brief on the issue of damages filed 4/20/10.

Final judgment as to all defendants entered 7/25/11.

Commission’s opening brief filed 2/13/12; defendants’ answering brief

filed 4/13/12; reply brief filed 5/11/12.
65

9th Circuit memorandum disposition remanding case to district court

entered 9/19/13.

Petition for writ of certiorari filed 2/27/14.

Petition for writ of certiorari denied 6/9/14.

Order setting case schedule entered 6/3/15.

Commission’s opening remedy brief due 4/12/16.

FTC v. ROCA LABS, INC., No. 8:15-cv-02231 (M.D. Fla.) 

Parties: Roca Labs, Inc.

Roca Labs Nutraceutical USA, Inc.

Don Juravin 

George C. Whiting

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

Paul Bryan Spelman

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

 with the deceptive marketing of weight loss products. 

Status: Complaint filed 9/24/15.

Stipulated TRO entered 9/29/15. 

Preliminary injunction entered 10/29/15.

FTC v. SALE SLASH, LLC, No. 2:15-cv-03107 (C.D. Cal.)

Parties: Artur Babayan

Vahe Haroutounian

Sale Slash LLC

Purists Choice LLC

Apex Customer Care, LLC

Penway, LLC

Renvee, LLC

Optim, LLC

Edgar Babayan

Assigned Attorneys: Matthew Wernz (MWR)

Raymond McKown

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

Act, and sections of the CAN-SPAM Act in connection with weight-loss

products.

Status: Complaint filed 4/27/15.

Ex parte TRO entered 4/27/15.

Preliminary injunction entered 5/12/15.
66

Amended complaint filed 10/7/15.

Preliminary injunction as to defendants Apex Customer Care, LLC, 

Penway, LLC, Renvee, LLC, Optim Products, LLC and Edgar 

Babayan entered 11/25/15.

Order staying proceedings for 45 days pending Commission’s approval of 

proposed settlement entered 12/15/15.

FTC v. SEQUOIA ONE, LLC, No. 2:15-cv-01512 (D. Nev.)

Parties: Sequoia One, LLC

Gen X Marketing Group, LLC

Jason A Kotzker

Paul T McDonnell

John E Bartholomew, Jr.

Theresa D Bartholomew

Assigned Attorneys: Gregory A. Ashe (BCP/FP)

Brian S. Shull 

Peter Lamberton

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

 Federal Trade Commission Act in connection with payday loans.

Status: Complaint filed 8/7/15.

 Stipulated permanent injunction and judgment against defendants Theresa 

 Bartholomew, John Bartholomew, and Paul McDonnel entered 

 8/12/15.

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

Parties: Sitesearch Corporation

 LeapLab, LLC

 Leads Company, LLC

 John Ayers

Assigned Attorneys: Richard M. Waller (BCP/ENF) 

 Amanda B Kostner 

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.

Final judgment and order for permanent injunction and equitable monetary 
67

relief against defendant Sitesearch Corporation entered 12/11/15.

FTC v. SUNRISE NUTRACEUTICALS, No. 9:15-cv-81567 (S.D. Fla.)

Parties: Sunrise Nutraceuticals, LLC

Assigned Attorneys: Edwin Rodriguez (BCP/AP)

Edward Glennon

Richard Quaresima

Laura Hosken (BE)

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

Act in connection with the labeling and advertising of dietary 

supplements.

Status: Complaint filed 11/16/15.

FTC v. TOMMIE COPPER, INC., No. 7:15-cv-9304 (S.D.N.Y.)

Parties: Tommie Copper, Inc.

Thomas Kallish

Assigned Attorneys: Carolyn Hann (BCP/AP)

Tawana Davis

Lynne Colbert

Viswanathan, Serena

Connor Sands

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

Act in connection with the labeling and advertising of copper-infused 

compression garments.

Status: Complaint entered 11/25/15.

Stipulated final judgment and order for permanent injunction and other 

equitable relief as to all defendants entered 12/2/15.

FTC v. TRUDEAU, No. 12-6 (S. Ct.); Nos. 15-3472, 13-1746, 13-1747, 13-1898, 10-2418, 10-

1383, and 08-4249 (7th Cir.); Nos. 1:03-cv-03904, 1:98-cv-00168 (N.D. Ill.)

Parties: Kevin Trudeau

 Shop America (USA), LLC

 Robert Barefoot

 Deonna Enterprises, Inc.

 Karbo, Inc.

 Karbo Enterprises, Inc.

 Sop America Marketing Group
68

 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)

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.

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.
69

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.

* * * * *

Corrected supplemental order modifying the stipulated order for 

permanent injunction and awarding monetary relief entered 6/2/10.
70

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.

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’ 
71

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.

 Commission’s motion for approval of partial victim redress plan filed 

 7/9/15; objection to plan by Patrick Deady filed 9/4/15; response

 by receiver filed 9/25/15; reply by the Commission filed 9/28/15.
72

Notice of appeal filed 11/3/15.

Appellants’ opening brief due 2/11/16; Commission’s answering brief due 

 3/14/16.

FTC v. UNIFIED GLOBAL GROUP, No. 1:15-cv-00422 (W.D.N.Y.)

Parties: ARM WNY, LLC

Audubon Financial Bureau LLC

Anthony Coppola

Domenico D’Angelo, a/k/a Dominick D’Angelo

Unified Global Group, LLC

Assigned Attorneys: Lisa Rothfarb (BCP/FP)

Seena Gressin

Heather Allen

Rebecca Unruh

Peter W. Lamberton

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

the FDCPA, in connection with abusive and unfair debt collection 

practices.

Status: Complaint filed 5/11/15.

Ex parte TRO entered 5/12/15.

Stipulated preliminary injunction as to Anthony Coppola entered 6/26/15.

Stipulated preliminary injunction as to Unified Global Group, LLC; ARM

WNY LLC; Audubon Financial Bureau LLC; and Domenico

D’Angelo entered 6/26/15.

 

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: Helen Wong (BCP/FP)

Greg Ashe

Jason Adler

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

the Fair Debt Collection Practices Act in connection with debt collection 

activities.
73

Status: Complaint filed 1/5/15.

 TRO entered 1/5/15.

Preliminary injunction with asset freeze entered 5/15/15.

FTC v. VEMMA NUTRITION, No. 2:15-cv-01578 (D. Ariz.) 

Parties: Vemma Nutrition Company 

Vemma International Holdings Inc.

Benson K Boreyko

Tom Alkazin

Bethany Alkazin

Assigned Attorneys: Angeleque P. Linville (SER)

Anne Dorman LeJeune (SWR)

Emily B Robinson

Jason C Moon

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

connection with the operation of a pyramid scheme.

Status: Complaint filed 8/17/15.

TRO entered 8/21/15.

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

 preliminary injunction entered 9/18/15.

FTC v. WILLIAMS, SCOTT & ASSOCIATES, LLC, No. 1:14-cv-1599 (N.D. Ga.)

Parties: Williams, Scott & Associates, LLC

 WSA, LLC

 John Williams

 Chris Lenyszyn

Assigned Attorneys: Robin L. Rock (SER)

 Brad Grossman (OGC)

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.
74

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.

Default judgment and final order for permanent injunction against 

 defendants John Williams, Williams, Scott & Associates, LLC, and 

 WSA, LLC entered 4/2/15.

Motion for summary judgment against defendant Chris Lenyszyn filed

 7/30/15; response in opposition filed 9/30/15.

Order granting summary judgment in favor of Commission as to defendant

Lenyszyn entered 11/4/15.

Permanent injunction and final monetary judgment as to defendant 

Chris Lenyszyn entered 11/4/15.

FTC v. WV UNIVERSAL MANAGEMENT, LLC., Nos. 15-11500, 15-13380 (11th Cir.); 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: Christopher Panek (ECR)

Fil M. de Banate 

Jonathan Kessler

Michael Milgrom

Mark Hegedus (OGC)

Theodore Metzger (OGC)

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. 
75

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.

Stipulated permanent injunction and final order as to Derek Depuydt

entered 11/19/14.

Stipulated order for permanent injunction and final judgment as to

defendants, Jonathon Warren, Business First Solutions Inc. and

Voiceonyx Corp. entered 11/19/14.

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.

Permanent injunction and final monetary judgment as to defendant 

 Universal Processing Services of Wisconsin, LLC entered 5/19/15.

Notice of appeal of summary judgment by Universal Processing Services 

 of Wisconsin, LLC filed 7/17/15.

Appellant UPS’s opening brief filed 10/20/15; Appellant HES’s reply 

brief filed 10/21/15; Commission’s responsive brief filed 12/23/15; 

HES’s reply brief due 1/19/16.

FTC v. WYNDHAM WORLDWIDE CORP., No. 14-3514 (3d 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
76

Wyndham Hotel Management Inc. 

Assigned Attorneys: Kevin Moriarity (DPIP)

Andrea Arias

Jacqueline Connor

John Krebs

Allison Lefrak

Katherine McCarron

James Trilling

Shameka Walker

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 

 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.

Opinion affirming judgment of the district court entered 8/24/15.

Stipulated order for permanent injunction entered 12/11/15.

FTC v. YOUR YELLOW BOOK, INC., No. 5:14-cv-00786 (W.D. Okla.)

Parties: Your Yellow Book Inc. d/b/a Your Yellow Book

Brandie Michelle Law

Dustin R. Law

Robert Ray Law
77

CPU Service Incorporated

Assigned Attorneys: Thomas B. Carter (SWR)

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

Status: Complaint filed 7/24/14.

Stipulated order for permanent injunction filed 12/2/14.

Motion for contempt filed 8/27/15.

Contempt order entered 10/30/15.

CIVIL PENALTY AND ENFORCEMENT CASES*

(A) Consumer Protection

UNITED STATES v. BACKCOUNTRY.COM, LLC, No. 1:15-cv-2127 (D.D.C.)

Parties: Backcountry.com, LLC

 

Assigned Attorneys: Korin Ewing Felix (BCP/ENF)

 Amanda Kostner

Jacqueline Blaesi-Freed (DOJ/CPB)

Alleged Conduct: Violations of the Textile Fiber Products Identification Act, the Rules and 

Regulations Under the Textile Fiber Products Identification Act, and 

Section 5(a)(1) of the FTC Act.

Status: Complaint filed 12/09/15.

Stipulated judgment and order for civil penalties and injunctive and other 

relief filed 12/10/15.

UNITED STATES v. BED, BATH & BEYOND, INC., No. 1:15-CV-2129 (D.D.C.)

Parties: Bed Bath & Beyond Inc.

 

Assigned Attorneys: Korin Ewing Felix (BCP/ENF)

Amanda Kostner

Jacqueline Blaesi-Freed (DOJ/CPB)

 * Includes all suits in which civil penalties are sought; consumer redress, injunctions, 

and ancillary equitable relief may also be sought.
78

Alleged Conduct: Violations of the Textile Fiber Products Identification Act, the Rules and 

Regulations Under the Textile Fiber Products Identification Act, and 

Section 5(a)(1) of the FTC Act.

Status: Complaint filed 12/09/15.

Stipulated judgment and order for civil penalties and injunctive and other 

relief entered 12/10/15.

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)

 Gary Ivens

Michael D. Bergman (OGC)

Alleged Conduct: Violations of Section 5 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.

Amended complaint filed 5/18/15; counterclaim by Pacific Telecom 

 Communications Group and International Telephone Corporation 

 filed 6/2/15.

Commission’s motion to dismiss counterclaim filed 8/13/15; response

 filed 9/4/15; reply filed 9/21/15.

Unopposed motion to approve consent judgment by the Commission 

 filed 9/18/15.
79

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: Anne D. Lejeune (SWR)

 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.

Trial scheduled between 8/16/16 and 9/2/16.

UNITED STATES v. DANIEL CHAPTER ONE, Nos. 15-5155, 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 States’ 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.

United States’ motion for preliminary injunction entered 6/22/11.

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.
80

 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.

 Defendants’ notice of appeal filed 5/29/15.

Appellants’ brief filed 10/23/15; United States’ responsive brief filed

12/18/15; appellants’ reply brief due 1/29/16.

Oral argument scheduled for 3/7/16.

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

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.
81

Order vacating magistrate’s decision denying Commission’s motion for 

 leave to file second amended complaint entered 3/12/13. 

 Amended complaint filed 3/12/13. 

Petition for writ of mandamus by Dish Network filed 6/12/13.

Order denying petition for mandamus entered 7/3/13. 

United States’ motion for summary judgment filed 12/23/13; opposition 

filed 3/6/14.

 Motion for summary judgment by Dish Network filed 1/6/14; opposition 

filed 5/30/14.

 United States’ motion for summary judgment filed 5/30/14. 

Order directing parties to file memoranda addressing issue of deference 

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

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

 memoranda filed 8/22/14.

Order granting partial summary judgment for United States and partial 

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

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

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

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

Trial scheduled to begin 1/19/16.

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)

Jared C. Bennett (AUSA)

Daniel M. Baeza (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 
82

 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.

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.

Trial scheduled for 5/16.

UNITED STATES v. J.C. PENNEY COMPANY, INC., No. 1:15-CV-2128 (D.D.C.)

Parties: J.C. Penney Company, Inc.

Assigned Attorneys: Korin Felix (BCP/ENF)

Amanda Kostner

Raquel Toledo (DOJ/CBP)

Alleged Conduct: Violations of the Textile Fiber Products Identification Act, the Rules and 

Regulations Under the Textile Fiber Products Identification Act, and 

Section 5(a)(1) of the FTC Act.

Status: Complaint entered 12/09/15.

Stipulated judgment and order for civil penalties and injunctive and other 

relief entered 12/10/15.

UNITED STATES v. LAI SYSTEMS, LLC, No. 2:15-cv-9691 (C.D. Cal.)

Parties: LAI Systems, LLC

Assigned Attorneys: Jacqueline Blaesi-Freed (DOJ/CPB)

Maneesha Mithal (DPIP)

Mark Eichorn

Megan Cox

Cora Han

Alleged Conduct: Violations of the Children’s Online Privacy Protection Rule and Section 5 

of the FTC Act.
83

Status: Complaint filed 12/17/15.

Stipulated order for permanent injunction and civil penalty entered 

12/22/15.

Amended stipulated order for permanent injunction and civil penalty 

judgment entered 12/23/15.

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.

Defendants’ motion to dismiss filed 4/20/15; Commission’s response filed

5/4/15.

Trial scheduled for 8/16/16.

UNITED STATES v. NORDSTROM, INC., No. 1:15-cv-2130 (D.D.C.)

Parties: Nordstrom, Inc.

Assigned Attorneys: Korin Felix (BCP/ENF) 

Amanda Kostner

Raquel Toledo (DOJ/CPB)

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

Act and the Textile Act in connection with labeling and advertising of 

textile products.

Status: Complaint filed 12/9/2015.

Stipulated judgment and order for civil penalties and injunctive and other 

relief entered 12/10/2015.

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.

Assigned Attorneys: Lemuel W. Dowdy (BCP/ENF)

Elsie B. Kappler
84

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.

Stipulated permanent injunction and civil penalty judgment against Ramey 

 Motors, Inc. entered 9/9/15.

Order dismissing defendants Ramey Automotive Group, Inc., Ramey 

 Automotive, Inc., and Ramey Chevrolet, Inc. without prejudice

 entered 9/17/15.

UNITED STATES v. RETRO DREAMER, No. 5:15-cv-2569 (C.D. Cal.)

Parties: Retro Dreamer

Craig Sharpe, individually and as an officer of Retro Dreamer

Gavin Bowman, individually and as an officer of Retro Dreamer

Assigned Attorneys: Jacqueline Blaesi-Freed (DOJ/CPB)

Maneesha Mithal (DPIP)

Mark Eichorn

Megan Cox

Cora Han

Alleged Conduct: Violations of Section 5 of the FTC Act and the Children’s Online Privacy 

Protection Rule.

Status: Complaint filed 12/17/15.

Stipulated permanent injunction and civil penalty judgment against all 

defendants entered 12/28/15.

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. 

Defendants’ motion to dismiss filed 1/28/14; denied 5/7/15.

Commission’s motion for summary judgment filed 4/27/15; defendants’ 

opposition filed 6/30/15.
85

Defendants’ counterclaim against the Commission filed 6/23/15.

Commission’s motion to strike counterclaim filed 8/24/15; opposition 

 filed 9/11/15; reply filed 9/14/15.

Motions for default judgment and summary judgment by the 

 defendants filed 9/14/15; Commission’s opposition filed 10/16/15.

Commission’s motion to dismiss counterclaims filed 10/16/15; 

defendants’ opposition filed 12/28/15.

Trial scheduled for 4/18/16.

UNITED STATES v. SPRINT CORPORATION, No. 2:15-cv-9340 (D. Kan.)

Parties: Sprint Corporation 

Assigned Attorneys: Barry Grissom (AUSA)

Christopher Allman

Benjamin Mizer (DOJ)

Jonathan Olin

Michael Blume (DOJ/CPB)

Andrew Clark

Kerala Cowart

Matthew Wilshire (BCP/ENF)

Duane Pozza

Alleged Conduct: Violations of Section 5 of the FTC Act, Section 615 of the FCRA, and the 

rule regarding Duties of Users Regarding Risk-Based Pricing.

Status: Complaint filed 10/21/15.

UNITED STATES v. TRICOLOR AUTO ACCEPTANCE CORP, LLC., No. 3:15-cv-03002 

(N.D. Tex.)

Parties: Tricolor Auto Acceptance Corporation LLC

Assigned Attorneys: Kerala Cowart (AUSA)

Lisa Robin Hasday (DOJ)

Alleged Conduct: Violations of the Fair Credit Reporting Act (“FCRA”) and the Furnisher

Rule arising from failure to have written policies and procedures regarding 

the accuracy of reported credit information and to properly investigate 

disputed consumer credit information.

Status: Complaint filed 9/15/15.

Stipulated final judgment with permanent injunction and equitable relief

 entered 9/17/15.
86

(B) Competition

UNITED STATES v. BLAVATNIK, No. 1:15-cv-01631 (D.D.C.)

Parties: Len Blavatnik

Assigned Attorneys: Kenneth Libby (BC/ENF)

Alleged Conduct: Violation of the notice and waiting requirements of the Hart-Scott-Rodino 

Antitrust Improvements Act of 1976, with respect to the acquisition of 

voting securities of TangoMe, Inc.

Status: Complaint filed 10/6/15.

United States’ motion for entry of final judgment filed 10/6/15.

Order directing parties to file supplemental briefs addressing why the 

procedures set forth in the Tunney Act do not apply to the 

proposed final judgment entered 10/19/15.

Supplemental memorandums filed 11/20/15.

Hearing scheduled for 2/3/16.

UNITED STATES v. LEUCADIA NATIONAL CORP., No. 1:15-cv-01547 (D.D.C.) 

 

Parties: Leucadia National Corp.

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

Alleged Conduct: Violations of the notice and waiting period requirements of the Hart-ScottRodino Antitrust Improvements Act with respect to the acquisition of 

voting securities of KCG Holdings, Inc.

Status: Complaint filed 9/22/15.

United States’ motion for entry of final judgment filed 9/22/15.

Order directing parties to file supplemental briefs addressing why the 

procedures of the Tunney Act do not apply to the proposed final 

judgment entered 10/19/15.

Supplemental memorandums filed 11/20/15.

Hearing scheduled for 2/3/16.

UNITED STATES v. THIRD POINT OFFSHORE FUND, LTD., No. 1:15-cv-01366 (D.D.C.)

Parties: Third Point Offshore Fund, LTD. 

Third Point Partners Qualified L.P.

Third Point, LLC

Assigned Attorneys: Kenneth A. Libby (BC/ENF)
87

Alleged Conduct: Violations of the Hart-Scott-Rodino Antitrust Improvements Act with 

respect to the acquisition of voting securities of Yahoo! Inc. 

Status: Complaint filed 8/24/15.

Stipulated final judgment entered 9/10/15.

Clarified stipulated final judgment entered 9/25/15.

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS

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.

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. 

Boehringer’s petition for rehearing en banc filed 4/6/15; Commission’s

response filed 5/19/15; denied 6/4/15.

 Boehringer’s motion to stay pending a petition for certiorari filed 6/11/15; 

 Commission’s opposition filed 6/22/15.
88

 Order denying motion to stay mandate 7/2/15.

 Petition for writ of certiorari filed 10/2/15; Commission’s opposition brief 

filed 12/16/15. 

 

FTC v. MEDICI PORTFOLIO, LLC, No. 8:15-cv-02285 (D. Md.)

Parties: The Medici Portfolio, LLC

Assigned Attorneys: Burke Kappler (OGC)

Bradley D. Grossman

Alleged Conduct: Petition to enforce a Commission 6(b) order.

Status: Petition to enforce 6(b) order filed 8/5/15.

Clerk’s default as to the defendant entered 9/23/15.

Motion for default judgment by the Commission filed 9/28/15; 

 defendant’s response due 10/16/15.

Order to produce granting motion for default judgment entered 11/17/15.

FTC v. RECKITT BENCKISER PHARMACEUTICALS, INC., No. 3:14-mc-00005 (E.D. Va.)

Parties: Reckitt Benckiser Pharmaceuticals, Inc.

Assigned Attorneys: Burke W. Kappler (OGC)

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. 

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.

Parties’ replies to Special Master filed 4/24/15; evidentiary hearing held

5/8/15.

Special Master’s motion for clarification filed 5/28/15; order denying

Reckitt’s position on scope of in camera review entered 6/1/2015.

In chambers conference held on 9/9/2015. 

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
89

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.

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION

AYUDA INC. 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: John G. Interrante (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; 
90

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. 

 Stipulation of dismissal by Ayuda filed 9/10/15.

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: Peter Maier (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.

 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.

 Opinion reversing judgment of the district court and remanding for further 

 proceedings entered 8/25/15.

Joint status report filed 12/18/15.

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.
91

Commission’s motion for summary judgment filed 3/23/15; plaintiff’s 

opposition and cross-motion for summary judgment filed 5/20/15; 

 Commission’s reply filed 6/10/15; plaintiff’s reply filed 6/24/15.

 Commission’s motion for leave to file surreply filed 7/7/15.

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: Michele Arington (OGC)

Ann Entwistle (DOJ/CPB)

Jeffrey E. Sandberg (DOJ/CIV)

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 filed 7/23/14; government’s 

opposition and cross-motion for summary judgment filed 8/27/14; 

plaintiffs’ reply/response filed 9/26/14; government’s reply brief 

filed 10/27/14.

 Order denying plaintiffs’ motion for summary judgment and granting the 

government’s motion for summary judgment entered 12/23/14.

 Notice of Appeal filed 1/20/15. 

 Appellants’ opening brief filed 6/16/15; Government’s answering brief 

filed 9/8/15; appellants’ reply brief filed 10/26/15.

FRANKEL v. UNITED STATES, No. 15-5146 (Fed. Cir.); No. 1:13-cv-546 (Fed. Cl.)

Parties: David Frankel
92

Assigned Attorneys: Meen Geu Oh (DOJ)

 Olga Vaytsman (OGC)

Jack Metzler 

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.

Plaintiff’s motion for summary judgment filed 4/6/15; Commission’s

 response and cross motion filed 5/4/15; Plaintiff’s reply filed 

 5/23/15; Commission’s reply filed 6/19/15; sur-reply filed by 

 David Frankel 6/26/15. 

 Oral argument scheduled for 7/14/15.

Judgment granting the Commission’s motion for summary judgment 

 7/23/15.

Defendant’s motion for reconsideration denied 7/31/15.

 Notice of appeal by the defendant filed 8/29/15.

Appellant’s brief due 3/3/16.

REITINGER v. FTC, No. 1:15-cv-00725 (D.D.C.)

Parties: Philip Reitinger

Assigned Attorneys: Burke Kappler (OGC)

Michele Arington

Arjun Garg (DOJ)

Nature of Action: Action alleging violation of Freedom of Information Act.

Status: Complaint filed 5/13/15.

Answer to complaint filed by the Commission 6/15/15.

Non-exempt document production by the Commission 7/21/15.

Joint status report filed 7/30/15.

Status conference held 9/8/15.

Joint status report filed 11/27/15 and 1/20/16.

Status report due 2/22/16.

AMICUS CURIAE BRIEFS or PARTIAL INTERVENTIONS

AMERICAN SALES COMPANY v. WARNER CHILCOTT COMPANY., LLC, No. 14-2071

(1st Cir.)
93

Assigned Attorneys: Mark Hegedus (OGC)

Nature of Action: Private action involving antitrust claims that branded pharmaceutical firms 

involved in the sale of Loestrin 24 FE made reverse payment to generic 

company in exchange for the latter’s promise to drop its patent challenge.

Status: Brief of Federal Trade Commission as amicus curiae in support of

plaintiffs-appellants filed 6/16/15.

 Appellant’s brief filed 8/20/15; supporting amicus briefs filed 8/27/15; 

 appellants’ reply brief filed 9/24/15.

Oral argument held 12/7/15.

BATMAN v. FACEBOOK, No. 13-16819 (9th Cir.)

Assigned Attorneys: Imad Abyad (OGC)

Joel Marcus

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 3/20/14.

Oral arguments held 9/17/15.

BOCK v. PRESSLER & PRESSLER, No. 15-1056 (3d Cir.)

 

Assigned Attorneys: Jack Metzler (OGC)

Nature of Action: Private action concerning debt-collection law firm’s alleged violations of

the Fair Debt Collection Practices Act by using an automated process to 

file lawsuits, with no meaningful involvement by an attorney.

Status: Brief of the Consumer Financial Protection Bureau and the Federal Trade 

 Commission as amici curiae in support of appellee filed 8/13/15.

Reply brief filed 9/8/15. 

Oral argument held 11/9/15.

DAVIDSON v. CAPITAL ONE BANK (USA) LLC, No. 14-14200 (11th Cir.); No. 1:13-cv- 

 02307 (N.D. Ga.) 

Assigned Attorneys: Jack Metzler (OGC)

Nature of Action: Private action concerning whether the Fair Debt Collection Practices Act 

(“FDCPA”) applies to the activities of a debt buyer collecting on the debts 

it acquires, even if the debts were in default at the time of purchase.
94

Status: Brief of the Federal Trade Commission in support of rehearing en banc 

 filed 9/21/15.

Rehearing en banc denied 10/22/15.

FRANKLIN v. PARKING REVENUE RECOVERY SERVICES, No. 14-3774 (7th Cir.)

Assigned Attorneys: Leslie Melman (OGC)

Nature of Action: Private action concerning whether the Fair Debt Collection Practices Act 

(FDCPA) applies to collection letters for unpaid parking lot fees sent to 

consumers, and if unpaid parking lot fees are “debts” as defined in the 

FDCPA.

Status: Brief of the Consumer Financial Protection Bureau and the Federal Trade

Commission as amici curiae arguing the reversal of the district 

court’s ruling filed 12/11/15.

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.

Answering brief of Williams, Zinman & Parham LLC filed 11/28/14.

Reply brief of Maria Hernandez filed 1/8/15.

Oral argument scheduled for 3/17/16.

IN RE EFFEXOR XR ANTITRUST LITIGATION, Nos. 15-1184, 15-1185, 15-1186, 15-

1187, 15-1274, 15-1323, 15-1342 (3d Cir.)

Assigned Attorneys: Michele Arington (OGC)

Nature of Action: Private action raising the question of whether drug companies’ reversepayment agreement was shielded from antitrust scrutiny on the basis of 

FTC inaction and patent court’s entry of stipulated judgment.

Status: Brief of the Federal Trade Commission as amicus curiae supporting

plaintiffs-appellants filed 11/17/15.

IN RE LAMICTAL DIRECT PURCHASER ANTITRUST LITIGATION, No. 14-1243 (3d
95

Cir.); 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 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. 

 Opinion vacating judgment of district court and remanding for further

 proceedings entered 6/26/15.

Petitions for rehearing denied 9/23/15.

MORAN v. THE SCREENING PROS, No. 12-57246 (9th Cir.)

Assigned Attorney: Jack Metzler (OGC)

Nature of Action: Private action involving a Fair Credit 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. 

MYLAN PHARMACEUTICALS INC. v. WARNER CHILCOTT PLC, No. 15-2236 (3d Cir.)

Assigned Attorneys: Mark Hegedus (OGC)
96

Alleged Conduct: Private action addressing the question of whether, and to what extent,

 product hopping constitutes exclusionary conduct in the generic drug 

 market.

Status: Brief of the Federal Trade Commission arguing reversal of district court’s 

summary judgment ruling filed 9/30/15.

WOODMAN’S FOOD MARKET, INC. v. CLOROX CO., No. 15-3001 (7th Cir.)

Assigned Attorneys: Brad Grossman (OGC)

Alleged Conduct: Private action addressing the question of whether large package sizes are a 

promotional service under Section 2(e) of the Robinson-Patman Act.

Status: Brief of the Federal Trade Commission arguing reversal of district court’s 

summary judgment ruling filed 11/2/15.

Oral argument scheduled for 2/12/16.