Case 1:18-cv-10548-GAO Document 78 Filed 07/31/19 Page 1 of 5 

UNITED STATES DISTRICT COURT 

DISTRICT OF MASSACHUSETTS 

CIVIL ACTION NO. 18-10548-GAO 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

v. 

JASJIT GOTRA, 

Defendant. 

PRELIMINARY INJUNCTION 

July 31, 2019 

O’TOOLE, D.J. 

The Federal Trade Commission (“FTC”) brought suit against Alliance Security, Inc.; its 

principal stockholder and officer Jasjit Gotra; Defend America, LLC; Jessica Merrick; Power 

Marketing Promotions LLC; and Kevin Klink, alleging that the defendants had engaged, and were 

likely to continue to engage, in acts and practices in violation of the FTC’s Telemarketing Sales 

Rule, 16 C.F.R. Part 310, the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681–1681x, and 

Section 5(a) of the FTC Act, 15 U.S.C. § 45(a). The FTC moved for the entry of a preliminary 

injunction against all defendants. 

The FTC entered into consent agreements with all defendants except Gotra. The Court 

heard argument from the FTC and Gotra, acting pro se, regarding the motion for preliminary relief 

against him. After consideration of the relevant pleadings and arguments, the Court GRANTS the 

request for the entry of a preliminary injunction pursuant to Federal Rule of Civil Procedure 65(a) 

against Gotra as set forth herein. 

Definitions 

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

 

 

 

 

 

 

 

 

 

 

 

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A. “Asset” means any legal or equitable interest in, right to, or claim to, any property, 

wherever located and by whomever held. 

B. “Consumer Reporting Agency” means any person which, for monetary fees, dues, or

on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling 

or evaluating consumer credit information or other information on consumers for the purpose of 

furnishing consumer reports to third parties, and which uses any means or facility of interstate 

commerce for the purpose of preparing or furnishing consumer reports. Consumer Reporting 

Agencies include, among others, TransUnion, Equifax, and Experian. 

C. “Consumer Report” means consumer credit reports, consumer credit scores, or any

other written, oral, or other communication of any information by a Consumer Reporting Agency 

bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general 

reputation, personal characteristics, or mode of living. 

D. “Defendant Gotra” means Defendant Jasjit Gotra. 

E. “Document” is synonymous in meaning and equal in scope to the usage of “document”

and “electronically stored information” in Federal Rule of Civil Procedure 34(a), Fed. R. Civ. P. 

34(a), and includes writings, drawings, graphs, charts, photographs, sound and video recordings, 

images, Internet sites, web pages, websites, electronic correspondence, including e-mail and 

instant messages, contracts, accounting data, advertisements, FTP Logs, Server Access Logs, 

books, written or printed records, handwritten notes, telephone logs, telephone scripts, receipt 

books, ledgers, personal and business canceled checks and check registers, bank statements, 

appointment books, computer records, customer or sales databases and any other electronically 

stored information, including Documents located on remote servers or cloud computing systems, 

and other data or data compilations from which information can be obtained directly or, if 

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necessary, after translation into a reasonably usable form. A draft or non-identical copy is a 

separate document within the meaning of the term. 

F. “Outbound Telephone Call” means a telephone call initiated by a Telemarketer to 

induce the purchase of goods or services or to solicit a charitable contribution. 

G. “Person” means any natural person, organization, or other legal entity, including a 

corporation, limited liability company, partnership, proprietorship, association, cooperative, 

government or governmental subdivision or agency, or any other group or combination acting as 

an entity. 

H. “Telemarketer” means any person who, in connection with Telemarketing, initiates or 

receives telephone calls to or from a customer or donor. 

I. “Telemarketing” means a plan, program, or campaign, which is conducted to induce the

purchase of goods or services or a charitable contribution, by use of one or more telephones and 

which involves more than one interstate telephone call. 

K. “Written Authorization” means an email, facsimile, or signed letter from a consumer 

sent to Defendant Gotra or his agents, employees, or representatives permitting Defendant Gotra 

to obtain or use a Consumer Report containing information about that consumer. Written 

Authorization does not include verbal or oral statements made by a consumer during a telephone 

call or in-person meeting. 

ORDER 

I. Ban on Outbound Telemarketing 

It is therefore ordered that Defendant Gotra, whether acting directly or indirectly through 

an intermediary (such as third-party telemarketers, contractors, or vendors), is preliminarily 

restrained and enjoined from: 

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A. Initiating Outbound Telephone Calls, assisting others in initiating Outbound Telephone 

Calls, and causing any other person, vendor, or contractor to initiate Outbound Telephone Calls, 

which includes among other conduct: (1) contracting with third-parties who solicit sales or set 

appointments on behalf of Defendant Gotra, directly or indirectly, through the use of Outbound 

Telephone Calls; and (2) contracting with third-parties who place Outbound Telephone Calls to 

potential customers and then transfer those potential customers to Defendant Gotra, directly or 

indirectly. 

B. Receiving any transferred telephone call or any other telephone call to solicit the sale of 

goods and services, other than a call a consumer placed directly to Defendant Gotra. 

C. Owning or controlling, holding a managerial post, consulting for, serving as an officer 

in, having any revenue sharing agreement with, or holding any ownership interest, share, or stock, 

in any company that engages in conduct banned in subsection I.A.; provided, however, that it shall 

not be a violation of this Order for Defendant Gotra to own a non-controlling stock interest in a 

publicly traded company that engages in conduct banned in subsections I.A-B, so long as 

Defendant Gotra does not perform any work for or on behalf of that company. 

II. Ban on Obtaining or Using Consumer Reports 

It is further ordered that Defendant Gotra, whether acting directly or through an 

intermediary, is preliminarily restrained and enjoined from: 

A. Obtaining any Consumer Report from any Consumer Reporting Agency or from any 

other person, unless he has Written Authorization to obtain such Consumer Report from the 

consumer before obtaining the Consumer Report; 

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B. Using any Consumer Report for any purpose unless he has prior Written Authorization 

from the consumer authorizing Defendant Gotra to use such Consumer Report for the designated 

purpose before using it; and 

C. Owning or controlling, holding a managerial post, consulting for, serving as an officer 

in, having any revenue sharing agreement with, or holding any ownership interest, share, or stock, 

in any company that engages in conduct banned in subsection I.A.; provided, however, that it shall 

not be a violation of this Order for Defendant Gotra to own a non-controlling stock interest in a 

publicly traded company that engages in conduct banned in subsection II.A., so long as Defendant 

Gotra does not perform work for or on behalf of that company. 

III. Preservation of Records 

It is further ordered that Defendant Gotra is preliminarily restrained and enjoined from: 

A. Destroying, erasing, falsifying, writing over, mutilating, concealing, altering, 

transferring, or otherwise disposing of, in any manner, directly or indirectly, Documents that relate 

to: (1) the business, business practices, Assets, or business or personal finances of any defendant 

originally named in this action; or (2) the business practices or finances of entities directly or 

indirectly under Defendant Gotra’s control. 

It is SO ORDERED. 

/s/ George A. O’Toole, Jr.

United States District Judge 

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