Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 1 of 22 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

Federal Trade Commission, and 

State of Ohio ex rel. Attorney General 

Dave Yost, 

Plaintiffs, 

v. 

Madera Merchant Services, LLC, dba E 

Check Processing and 

echeckprocessing.net, a Texas company, 

B&P Enterprises, LLC, a Texas company, 

Bruce C. Woods, individually and as an 

owner, officer, member, and/or manager of 

Madera Merchant Services, LLC and B&P 

Enterprises, LLC, 

Patricia Woods, individually and as an 

owner, manager, and/or member of Madera 

Merchant Services, LLC and B&P 

Enterprises, LLC, 

and 

Victor Rodriguez, individually and as an 

officer, member, and/or manager of Madera 

Merchant Services, LLC, 

Defendants. 

No. 3:19-CV-195 

STIPULATED ORDER FOR 

PERMANENT INJUNCTION AND 

MONETARY JUDGMENT AGAINST 

MADERA MERCHANT SERVICES, 

LLC; B&P ENTERPRISES, LLC; 

BRUCE C. WOODS; PATRICIA 

WOODS; AND VICTOR RODRIGUEZ 

Plaintiffs, the Federal Trade Commission (“FTC” or “Commission”) and the State of 

Ohio, filed their Complaint for Permanent Injunction and Other Equitable Relief under Section 

13(b) and 19 of the FTC Act, 15 U.S.C. § 53(b), 57b, the Telemarketing and Consumer Fraud 

and Abuse Prevention Act (“Telemarketing Act”), 15 U.S.C. §§ 6101-6108, and the Ohio 

Consumer Sales Practices Act (“CSPA”), R.C. 1345.07 (DE 10). Plaintiffs and Defendants 
 

Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 2 of 22 

Madera Merchant Services, LLC; B&P Enterprises, LLC; Bruce Woods; Patricia Woods; and 

Victor Rodriguez stipulate to the entry of this Stipulated Order for Permanent Injunction and 

Monetary Judgment (“Order”) to resolve all matters in dispute in this action between them. 

THEREFORE, IT IS ORDERED as follows: 

FINDINGS 

1. This Court has jurisdiction over this matter. 

2. The Complaint charges that Madera Merchant Services, LLC; B&P Enterprises, LLC; 

Bruce Woods; Patricia Woods; and Victor Rodriguez participated in acts or practices that 

violated Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), the Telemarketing Sales Rule (“TSR”), 

16 C.F.R. Part 310, and the CSPA, O.R.C. 1345.01 et seq. 

3. Madera Merchant Services, LLC; B&P Enterprises, LLC; Bruce Woods; Patricia Woods; 

and Victor Rodriguez neither admit nor deny any of the allegations in the Complaint, except as 

specifically stated in this Order. Only for purposes of this action, Madera Merchant Services, 

LLC; B&P Enterprises, LLC; Bruce Woods; Patricia Woods; and Victor Rodriguez admit the 

facts necessary to establish jurisdiction. 

4. Madera Merchant Services, LLC; B&P Enterprises, LLC; Bruce Woods; Patricia Woods; 

and Victor Rodriguez waive any claim that they may have under the Equal Access to Justice Act, 

28 U.S.C. § 2412, concerning the prosecution of this action through the date of this Order, and 

agrees to bear their own costs and attorney fees. 

5. Madera Merchant Services, LLC; B&P Enterprises, LLC; Bruce Woods; Patricia Woods; 

and Victor Rodriguez and Plaintiffs waive all rights to appeal or otherwise challenge or contest 

the validity of this Order. 

2 
Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 3 of 22 

DEFINITIONS 

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

A. “Consumer Transaction” means a sale, lease, assignment, award by chance, or other 

transfer of an item of goods, a service, a franchise, or an intangible, to an individual for purposes 

that are primarily personal, family, or household, or solicitation to supply any of these things. 

B. “Corporate Defendants” means Madera Merchant Services, LLC, B&P Enterprises, 

LLC, and each of their subsidiaries, affiliates, successors, and assigns. 

C. “Defendants” means the Corporate Defendants and the Individual Defendants, 

individually, collectively, or in any combination. 

D. “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 

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

separate Document within the meaning of the term. 

E. “Individual Defendants” means Bruce Woods, Patricia Woods, and Victor Rodriguez, 

individually, collectively, or in any combination. 

3 
 

Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 4 of 22 

F. “Payment Processing” means providing a Person, directly or indirectly, with means or 

service used to charge or debit financial accounts through the use of any payment method or 

mechanism, including, but not limited to, credit cards, debit cards, prepaid cards, stored value 

cards, Automated Clearing House (“ACH”) Debits, Remotely Created Payment Orders, and 

Remotely Created Checks. Whether accomplished through the use of software or otherwise, 

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

applications for payment processing services; (b) providing the means to transmit sales 

transaction data from third-party merchants to banks, credit unions, Payment Processors, 

independent sales organizations, payment facilitators or other financial institutions; (c) clearing, 

settling, or distributing proceeds of sales transactions from banks, credit unions, or other 

financial institutions to third-party merchants; or (d) processing chargebacks or returned 

Remotely Created Payment Orders, checks or ACH transactions on behalf of third-party 

merchants. 

G. “Payment Processor” means any Person providing Payment Processing services in 

connection with another Person’s sale of goods or services, or in connection with any charitable 

donation. 

H. “Person” means any natural person or any entity, corporation, partnership, or association 

of persons. 

I. “Remotely Created Payment Order” or “RCPO” means a payment instruction or order, 

whether created in electronic or paper format, drawn on a payor’s account that is initiated or 

created by or on behalf of the payee, and which is deposited into or cleared through the check 

clearing system. For purposes of this definition, an account includes any financial account or 

4 
Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 5 of 22 

credit or other arrangement that allows checks, payment instructions, or orders to be drawn 

against it that are payable by, through, or at a bank. 

J. “Receiver” means the receiver appointed in Section VII of this Order and any deputy 

receivers that shall be named by the receiver. 

K. “Receivership Entities” means the Corporate Defendants as well as any other entity that 

has conducted any business related to the Defendants’ RCPO payment processing scheme, 

including receipt of assets or funds derived from any activity that is the subject of the Complaint 

in this matter, and that the Receiver determines is controlled or owned by any Defendant. 

L. “Seller” means any Person who, in connection with a Telemarketing transaction, 

provides, offers to provide, or arranges for others to provide goods or services to a customer in 

exchange for consideration. 

M. “Telemarketer” means any Person who, in connection with Telemarketing, initiates or 

receives telephone calls to or from a customer or donor. 

N. “Telemarketing” means any plan, program, or campaign that is conducted to induce the 

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

ORDER 

I. PROHIBITION REGARDING PAYMENT PROCESSING 

IT IS ORDERED that Defendants are permanently restrained and enjoined from Payment 

Processing. 

II. PROHIBITIONS ON VIOLATING THE TSR 

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, employees, 

and attorneys, and all other Persons in active concert or participation with them, who receive 

actual notice of this Order by personal service or otherwise, whether acting directly or indirectly, 

5 
Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 6 of 22 

in connection with Telemarketing of any product or service, are permanently restrained and 

enjoined from violating any provision of the TSR, 16 C.F.R. Part 310, attached as Attachment A. 

III. PROHIBITIONS ON VIOLATING THE OHIO CSPA 

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, employees, 

and attorneys, and all other Persons in active concert or participation with them, who receive 

actual notice of this Order by personal service or otherwise, whether acting directly or indirectly, 

are permanently restrained and enjoined from engaging in unfair or deceptive acts or practices in 

violation of the Ohio CSPA, R.C. 1345.02. 

IV. MONETARY JUDGMENT AND PARTIAL SUSPENSION 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of 8.646 Million Dollars ($8,646,000.00) is entered in favor of 

Plaintiffs against Madera Merchant Services, LLC; B&P Enterprises, LLC; Bruce Woods; 

Patricia Woods; and Victor Rodriguez, jointly and severally, as equitable monetary relief. Full 

payment of the foregoing amount shall be suspended upon satisfaction of the obligations set forth 

in Subsection B of this Section, and subject to the conditions set forth in Subsections B, C, and D 

of this Section: 

B. Effective upon the entry of this Order, Defendants shall surrender to Plaintiffs or their 

representatives, all control, title, dominion, and interest in the following assets: 

1. All funds in the Bank of America account in the name of Bruce and Patsy (Patricia) 

Woods with the account number X6058; 

2. All funds in the Bank of America account in the name of Bruce and Patsy (Patricia) 

Woods with the account number X6252; 

3. All funds in the Teachers Federal Credit Union account in the name of Bruce and Patsy 

6 
I I 

I I I I 

Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 7 of 22 

(Patricia) Woods with the account number X615; 

4. All funds in the Bank of America account in the name of Victor Rodriguez with the 

account number X1297; 

5. All funds in the Ally Bank account in the name of Victor Rodriguez with the account 

number X3084; 

6. All funds in the GECU account in the name of Victor Rodriguez with the account number 

X9951; 

7. Cocktail Ring identified in the Financial Statement of Individual Defendants Bruce and 

Patsy (Patricia) Woods signed on August 6, 2019; 

8. Two watches identified in the Financial Statement of Individual Defendants Bruce and 

Patsy (Patricia) Woods signed on August 6, 2019: 

1. Women’s Rolex (Estimated Value $11,300) 

2. Men’s Tag Heuer (Estimated Value $4,500) 

9. All fees owed from Paya, Inc. dba Paya Services to Bruce C. Woods currently in the 

possession Paya Services; 

10. All assets of Receivership Entities Madera Merchant Services, LLC and B&P 

Enterprises, LLC, or any other entity under the control of the Receiver, including the 

following: 

a. All funds from accounts at the following banks/credit unions in the name of 

Madera Merchant Services, LLC: 

1. Bank 34 5. Nusenda Bank 

2. Bank of America 6. United Business Bank 

7 
 

 

 

I I I I 

Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 8 of 22 

3. Bank of Albuquerque 7. University Federal Credit Union 

4. First Light Federal Credit Union 8. Washington Federal Credit Union 

b. All funds from accounts at the following banks/credit unions in the name of B&P 

Enterprises, LLC: 

1. JP Morgan Chase Bank 

2. Lone Star Bank 

3. Wells Fargo Bank, N.A. 

c. All funds in any reserve account held by a financial institution in the name of, or 

for the benefit of, Madera Merchant Services, LLC, B&P Enterprises, LLC or any 

other entity under the control of the Receiver. 

C. For each financial institution or Payment Processor account listed in Subsections B.1 – 

B.6 and B.9 the financial institution or Payment Processor identified shall, within five (5) days of 

entry of this Order, remit the entire balance of each account to the Commission by certified 

check(s) or other guaranteed funds payable to the Federal Trade Commission, Financial 

Management Office, or by wire transfer in accordance with directions provided by the 

Commission. Defendants shall cooperate in good faith with the Plaintiffs to effectuate these 

transfers, and shall, if needed, execute such documents as are necessary to remit the entire 

balance of each account to the Commission. 

D. Within five (5) days of the entry of this Order, Individual Defendants shall transfer to the 

Receiver each asset identified in Subsections B.7 and B.8. 

E. Plaintiffs’ agreement to the suspension of part of the judgment is expressly premised 

upon the truthfulness, accuracy, and completeness of Defendants’ sworn financial statements and 

8 
Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 9 of 22 

related documents (collectively, “financial representations”) submitted to the Commission, 

namely: 

1. The Financial Statement of Individual Defendants Bruce and Patsy (Patricia) 

Woods signed on August 6, 2019, including the attachments; and 

2. The Financial Statement of Individual Defendant Victor Rodriguez signed on July 

28, 2019, including the attachments. 

F. The suspension of the judgment will be lifted as to any Defendant if, upon motion by the 

Plaintiffs, the Court finds that Defendant failed to disclose any material asset, materially 

misstated the value of any asset, or made any other material misstatement or omission in the 

financial representations identified above. 

G. If the suspension of the judgment is lifted, the judgment becomes immediately due as to 

that Defendant in the amount of 8.646 Million Dollars ($8,646,000.00) specified in Subsection 

A. above, which the parties stipulate represents the consumer injury alleged in the Complaint, 

less any payment previously made pursuant to this Section, plus interest computed from the date 

of entry of this Order. 

V. ADDITIONAL MONETARY PROVISIONS 

IT IS FURTHER ORDERED that: 

A. The Defendants relinquish dominion and all legal and equitable right, title, and interest in 

all assets transferred pursuant to this Order and may not seek the return of any assets. 

B. The facts alleged in the Complaint will be taken as true, without further proof, in any 

subsequent civil litigation by or on behalf of the Plaintiffs, including in a proceeding to enforce 

its rights to any payment or monetary judgment pursuant to this Order, such as a 

nondischargeability complaint in any bankruptcy case. 

9 
Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 10 of 22 

C. The facts alleged in the Complaint establish all elements necessary to sustain an action by 

the Plaintiffs pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 11 U.S.C. 

§523(a)(2)(A), and this Order will have collateral estoppel effect for such purposes. 

D. The Defendants acknowledge that their Taxpayer Identification Numbers (Social Security 

Numbers or Employer Identification Numbers), which Defendants previously submitted to the 

Commission, may be used for collecting and reporting on any delinquent amount arising out of 

this Order, in accordance with 31 U.S.C. §7701. 

 E. All money paid to the Plaintiffs pursuant to this Order may be deposited into a fund 

administered by the Commission or its designee on behalf of the Commission and the State of 

Ohio to be used for equitable relief, including consumer redress and any attendant expenses for 

the administration of any redress fund. If a representative of the Plaintiffs decides that direct 

redress to consumers is wholly or partially impracticable or money remains after redress is 

completed, the Plaintiffs may apply any remaining money for such other equitable relief 

(including consumer information remedies) as it determines to be reasonably related to 

Defendants’ practices alleged in the Complaint. Any money not used for such equitable relief 

shall be divided between the Commission and the State of Ohio to be deposited to the U.S. 

Treasury as disgorgement and to the Ohio Attorney General’s Telemarketing Fraud Enforcement 

Fund. The Defendants have no right to challenge any actions the Plaintiffs or their 

representatives may take pursuant to this Subsection. 

VI. CUSTOMER INFORMATION 

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, employees, 

and attorneys, and all other Persons in active concert or participation with them, who receive 

actual notice of this Order by personal service or otherwise, are permanently restrained and 

10 
Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 11 of 22 

enjoined from directly or indirectly: 

A. Failing to provide sufficient customer information to enable the Commission to 

efficiently administer consumer redress. If Plaintiffs’ representative requests in writing any 

information related to redress, Settling Defendant must provide it, in the form prescribed by 

Plaintiffs’ representative, within 14 days; and 

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

address, telephone number, email address, Social Security number, other identifying information, 

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

other financial account), that any Defendant obtained prior to entry of this Order in connection 

with any activity that pertains to processing of RCPOs; and 

C. Failing to destroy such customer information in all forms in his possession, 

custody, or control within 30 days after receipt of written direction to do so from a representative 

of the Commission. 

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

disclosed, to the extent requested by a government agency or required by law, regulation, or 

court order. 

VII. APPOINTMENT OF RECEIVER 

IT IS FURTHER ORDERED that Susan M. Forbes, the Receiver appointed by prior 

orders of this Court, is hereby appointed Receiver for the purpose of taking the necessary steps to 

wind down the Receivership Entities. In carrying out these duties, the Receiver shall be the 

agent of this Court, shall be accountable directly to this Court, and is authorized and directed to: 

A. Perform all acts necessary to protect, conserve, preserve, and prevent waste or 

dissipation of the Receivership Entities assets until their sale; 

11 
Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 12 of 22 

B. Within 60 days, sell the Receivership Entities assets and assets surrendered by 

Defendants pursuant to Subsections IV B.7 and B.8 without further order of the court; 

C. Enter into agreements in connection with the reasonable and necessary 

performance of the Receiver’s duty to sell the Receivership Entities assets and assets surrendered 

by Defendants pursuant to Subsections IV B.7 and B.8, including, but not limited to, the 

retention of assistants, agents, or other professionals to assist in the sale of these assets; 

D. Distribute to the Plaintiffs, without further order of the court, the funds received 

from the sale of the Receivership Entities assets and assets surrendered by Defendants pursuant 

to Subsections IV B.7 and B.8; 

E. Take any and all steps the Receiver concludes are appropriate to wind down the 

Receivership Entities within 60 days of the entry of this Order; and 

F. Store and secure the Receivership Entities’ records, including ESI until either 

entry of a final order against the last remaining Defendant in this proceeding or receipt of written 

direction to do so from a representative of the FTC. 

Within 30 days of the entry of this Order, the Receiver shall liquidate all hardware related 

to the Receivership Entities’ ESI, after ensuring all customer information has been erased and is 

not recoverable. 

VIII. COOPERATION 

IT IS FURTHER ORDERED that Defendants must fully cooperate with representatives 

of the Plaintiffs in this case and in any investigation related to or associated with the transactions 

or the occurrences that are the subject of the Complaint. Defendants must provide truthful and 

complete information, evidence, and testimony. Defendants must appear for interviews, 

discovery, hearings, trials, and any other proceedings that Plaintiffs’ representative may 

12 
 

Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 13 of 22 

reasonably request upon five (5) days written notice, or other reasonable notice, at such places 

and times as Plaintiffs’ representative may designate, without the service of a subpoena. 

IX. ORDER ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Defendants obtain acknowledgments of receipt of this 

Order: 

A. Each Defendant, within seven (7) days of entry of this Order, must submit to the 

Plaintiffs an acknowledgment of receipt of this Order sworn under penalty of perjury. 

B. For five (5) years after entry of this Order, each Individual Defendant for any business 

that such Defendant, individually or collectively with any other Defendants, is the majority 

owner or controls directly or indirectly, and each Corporate Defendant, must deliver a copy of 

this Order to: (1) all principals, officers, directors, and LLC managers and members; (2) all 

employees having managerial responsibilities for conduct related to the subject matter of the 

Order and all agents and representatives who participate in conduct related to the subject matter 

of the Order; and (3) any business entity resulting from any change in structure as set forth in 

the Section titled Compliance Reporting. Delivery must occur within seven (7) days of entry of 

this Order for current personnel. For all others, delivery must occur before they assume their 

responsibilities. 

C. From each individual or entity to which a Defendant delivered a copy of this Order, that 

Defendant must obtain, within 30 days, a signed and dated acknowledgment of receipt of this 

Order. 

X. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendants make timely submissions to the Plaintiffs: 

A. One year after entry of this Order, each Defendant must submit a compliance report, 

sworn under penalty of perjury: 

13 
Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 14 of 22 

1. Each Defendant must: (a) identify the primary physical, postal, and email address 

and telephone number, as designated points of contact, which representatives of the Plaintiffs 

may use to communicate with Defendant; (b) identify all of that Defendant’s businesses by all of 

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

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

advertising, marketing, and sales, and the involvement of any other Defendant (which Individual 

Defendants must describe if they know or should know due to their own involvement); (d) 

describe in detail whether and how that Defendant is in compliance with each Section of this 

Order; and (e) provide a copy of each Order Acknowledgment obtained pursuant to this Order, 

unless previously submitted to the Plaintiffs. 

2. Additionally, each Individual Defendant must: (a) identify all telephone numbers 

and all physical, postal, email and Internet addresses, including all residences; (b) identify all 

business activities, including any business for which such Defendant performs services whether 

as an employee or otherwise and any entity in which such Defendant has any ownership interest; 

and (c) describe in detail such Defendant’s involvement in each such business, including title, 

role, responsibilities, participation, authority, control, and any ownership. 

B. For 10 years after entry of this Order, each Defendant must submit a compliance 

notice, sworn under penalty of perjury, within 14 days of any change in the following: 

1. Each Defendant must report any change in: (a) any designated point of contact; 

or (b) the structure of any Corporate Defendant or any entity that Defendant has any ownership 

interest in or controls directly or indirectly that may affect compliance obligations arising under 

this Order, including: creation, merger, sale, or dissolution of the entity or any subsidiary, parent, 

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

14 
Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 15 of 22 

2. Additionally, each Individual Defendant must report any change in: (a) name, 

including aliases or fictitious name, or residence address; or (b) title or role in any business 

activity, including any business for which such Defendant performs services whether as an 

employee or otherwise and any entity in which such Defendant has any ownership interest, and 

identify the name, physical address, and any Internet address of the business or entity. 

C. Each Defendant must submit to the Plaintiffs notice of the filing of any bankruptcy 

petition, insolvency proceeding, or similar proceeding by or against such Defendant within 14 

days of its filing. 

D. Any submission to the Plaintiffs required by this Order to be sworn under penalty of 

perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by concluding: “I 

declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. Executed on: _____” and supplying the date, signatory’s full 

name, title (if applicable), and signature. 

E. Unless otherwise directed by a Plaintiffs’ representative in writing, all submissions to the 

Commission pursuant to this Order must be emailed to DEbrief@ftc.gov or sent by overnight 

courier (not the U.S. Postal Service) to: Associate Director for Enforcement, Bureau of 

Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, 

DC 20580; the subject line must begin: FTC et al., v. Madera Merchant Services, LLC 

X190038. 

F. Unless otherwise directed by a Plaintiffs’ representative in writing, all submissions to the 

Ohio Attorney General pursuant to this Order must be mailed to: Ohio Attorney General’s 

Office, Consumer Protection Section, Attn: Compliance Unit, 30 East Broad Street, 14th Floor, 

15 
Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 16 of 22 

Columbus, Ohio 43215; the subject line must begin: FTC/Ohio v. Madera Merchant Services, 

LLC. 

XI. RECORDKEEPING 

IT IS FURTHER ORDERED that Defendants must create certain records for 10 years 

after entry of the Order, and retain each such record for five (5) years. Specifically, Corporate 

Defendants and each Individual Defendant for any business that such Defendant, individually or 

collectively with any other Defendants, is a majority owner or controls directly or indirectly, 

must create and retain the following records: 

A. Accounting records showing the revenues from all goods or services sold; 

B. Personnel records showing, for each person providing services, whether as an employee 

or otherwise, that person’s: name; addresses; telephone numbers; job title or position; dates of 

service; and (if applicable) the reason for termination; 

C. Records of all consumer complaints and refund requests, whether received directly or 

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

D. All records necessary to demonstrate full compliance with each provision of this Order, 

including all submissions to the Plaintiffs. 

XII. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring Defendants’ compliance 

with this Order, including the financial representations upon which part of the judgment was 

suspended and any failure to transfer any assets as required by this Order: 

A. Within 14 days of receipt of a written request from a representative of the Plaintiffs, each 

Defendant must: submit additional compliance reports or other requested information, which 

must be sworn under penalty of perjury; appear for depositions; and produce documents for 

16 
 

Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 17 of 22 

inspection and copying. The Plaintiffs are also authorized to obtain discovery, without further 

leave of court, using any of the procedures prescribed by Federal Rules of Civil Procedure 29, 30 

(including telephonic depositions), 31, 33, 34, 36, 45, and 69. 

B. For matters concerning this Order, the Plaintiffs are authorized to communicate directly 

with each Defendant. Defendant must permit representatives of the Plaintiffs to interview any 

employee or other person affiliated with any Defendant who has agreed to such an interview. 

The person interviewed may have counsel present. 

C. The Plaintiffs may use all other lawful means, including posing, through its 

representatives as consumers, suppliers, or other individuals or entities, to Defendants or any 

individual or entity affiliated with Defendants, without the necessity of identification or prior 

notice. Nothing in this Order limits the Plaintiffs’ lawful use of compulsory process, pursuant to 

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

D. Upon written request from a representative of the Plaintiffs, any consumer reporting 

agency must furnish consumer reports concerning Individual Defendants, pursuant to Section 

604(1) of the Fair Credit Reporting Act, 15 U.S.C. §1681b(a)(1). 

17 
18 

XIII. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for 

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

SO ORDERED, this _________ day of ________________, 2020. 

 _________________________________

 KATHLEEN CARDONE 

UNITED STATES DISTRICT JUDGE 

4th June

 

Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 18 of 22 
7LJ6 ~-1-~~ 

hristopher E. Brown 

J. Ronald Brooke, Jr. 

Federal Trade Commission 

600 Pennsylvania Ave., NW 

Mailstop CC-8528 

Washington, DC 20580 

(202) 326-2825 I cbrown3@ftc.gov 

(202) 326-3484 / jbrooke@ftc.gov 

Attorneys for Plaintiff 

FEDERAL TRADE COMMISSION 

Madera Merchant Services, LLC 

By: 

B~P Enterprises, LLC 

By: 

Bruce C. Woods 

Patricia Woods 

Victor Rodriguez 

Joe A. Spencer, Jr., Esq. 

Joe A. Spencer Attorney & Counselor at Law 

Erin Leahy (Ohio Bar #69509) 

Assistant Attorney General 

Ohio Attorney General's Office 

Consumer Protection Section 

30 E. Broad Street, 14th Floor 

Columbus, Ohio 43215 

(614) 752-4730 

Erin.Leahy@OhioAttomeyGeneral.gov 

Attorney for P1aintiff 

STATE OF OHIO 

Attorney for Defendants Madera Merchant Services, LLC, B&P EntJtpti.iii 

Patricia Woods, and Victor Rodriguez 

19 

Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 19 of 22 
Christopher E. Brown Erin Leahy (0 io Bar 

J. Ronald Brooke, Jr. Assistant Attorney General 

Federal Trade Commission Ohio Attorney General's Office 

600 Pennsylvania Ave., NW Consumer Protection Section 

Mailstop CC-8528 30 E. Broad Street, 14th Floor 

Washington, DC 20580 Columbus, Ohio 43215 

(202) 326-2825 I cbrown3@ftc.gov (614) 752-4730 

(202) 326-3484 / jbrooke@ftc .gov Erin.Leahy@OhioAttorneyGeneral.gov 

Attorneys for Plaintiff Attorney for Plaintiff 

FEDERAL TRADE COMMISSION STATE OF OHIO 

Madera Merchant Services, LLC 

By: 

B&P Enterprises, LLC 

By: 

Bruce C. Woods 

Patricia Woods 

Victor Rodriguez 

Joe A. Spencer, Jr., Esq. 

Joe A. Spencer Attorney & Counselor at Law 

Attorney for Defendants Madera Merchant Services, LLC, B&P Enterprises, LLC, Bruce Woods, 

Patricia Woods, and Victor Rodriguez 

19 

Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 20 of 22 
Christopher E. Brown Erin Leahy (Ohio Bar #69509) 

J. Ronald Brooke, Jr. Assistant Attorney General 

Federal Trade Commission Ohio Attorney General's Office 

600 Pennsylvania Ave., NW Consumer Protection Section 

Mailstop CC-8528 30 E, Broad Street, 14th Floor 

Washington, DC 20580 Columbus, Ohio 43215 

(202) 326-2825 / cbrown3@ftc.gov (614) 752-4730 

(202) 326-3484 / jbrooke@ftc.gov Erin. Leahy@OhioAttorneyGeneral.gov 

Attorneys for Plaintiff Attorney for Plaintiff 

FEDERAL TRADE COMMISSION STATE OF OHIO 

Madera 

~(lJ~ Merchant Services, LLC 

By: ~~ec. c.. Woo.A 5. 

B&P 

Kcu

Enterprises, 

~ 

LLC 

By:~£. ~ L,Joc) 0 S, 

Bruce 

K

C. 

f

Woods 

lL9> c::::: 

Q~~bi) 

Patricia Woods 

Victor Rodriguez 

Joe A. Spencer Attorney & Counselor at Law 

Attorney for Defendants Madera Merchant Services, LLC, B&P Enterprises, LLC, Bruce Woods, 

Patricia Woods, and Victor Rodriguez 

19 

Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 21 of 22 
Christopher E. Brown Erin Leahy (Ohio Bar #69509) 

J. Ronald Brooke, Jr. Assistant Attorney General 

Federal Trade Commission Ohio Attorney General's Office 

600 Pennsylvania Ave., NW Consumer Protection Section 

Mailstop CC-8528 30 E. Broad Street, 14th Floor 

Washington, DC 20580 Columbus, Ohio 43215 

(202) 326-2825 I cbrown3@ftc.gov (614) 752-4730 

(202) 326-3484 I jbrooke@ftc.gov Erin.Leahy@OhioAttomeyGeneral.gov 

Attorneys for Plaintiff Attorney for Plaintiff 

FEDERAL TRADE COMMISSfON STATE OF OHIO 

Madera Merchant Services, LLC 

By: 

B&P Enterprises, LLC 

By: 

Bruce C. Woods 

Patricia Woods 

tfiiiz? 

Joe A. Spencer, Jr., Esq. 

Joe A. Spencer Attorney & Counselor at Law 

Attorney for Defendants Madera Merchant Services, LLC, B&P Enterprises, LLC, Bruce Woods, 

Patricia Woods, and Victor Rodriguez 

19 

Case 3:19-cv-00195-KC Document 39 Filed 06/04/20 Page 22 of 22