IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

v. 

THE WESTERN UNION COMP ANY, 

a corporation, also doing business as 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Western Union Financial Services, Inc., ) 

and through other subsidiaries and affiliates,) 

Defendant. 

) 

) 

STIPULATED ORDER FOR PERMANENT INJUNCTION 

AND FINAL JUDGMENT 

Plaintiff, the Federal Trade Commission ("Commission" or ''FTC"), filed its 

Complaint for Permanent Injunctive and Other Equitable Relief ("Complaint"), 

pursuant to Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 

U.S.C. § 53(b), and the Telemarketing and Consumer Fraud and Abuse Prevention 

-----Aet ("'.felemarketing Act"J;- 1~ &.S-;G:-§ § 6101~6+0-8~-he eommission-arrd 

Defendant The Western Union Company ("Western Union") stipulate to the enh·y 

of this Stipulated Order for Permanent Injunction and Final Judgment ("Order") to 

resoJve all matters in dispute in this action between them. 

THEREFORE, IT IS ORDERED as follows: 

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FINDINGS 

1. This Court has jurisdiction over this matter. 

2. The Complaint charges Defendant with engaging in deceptive and 

unfair acts or practices in violation of Section 5 of the FTC Act, 15 U.S.C. § 45, 

the Telemarketing Act, 15 U.S.C. §§ 6101-6108, and the Telemarketing Sales Rule 

("TSR"), 16 C.F .R. Part 310, in the course of providing money transfer services 

through its worldwide money transfer network. 

3. Defendant neither admits nor denies any of the allegations in the 

Complaint, except as specifically stated in this Order. Only for purposes of this 

action, Defendant admits the facts necessary to establish jurisdiction. 

4. Defendant waives any claim that it 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 its own costs and attorney fees. 

5. Defendant and the Commission waive all rights to appeal or otherwise 

challenge or contest the validity of this Order. 

DEFINITIONS 

For purposes of this Order, the following definitions apply: 

A. "Cash-to-cash money transfer" means the transfer of the value of cash 

from one person in one location to a recipient (payee) in another location that is 

received in the form of cash. 

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B. "Cash reload money transfer" means the transfer of the value of cash from 

one person in one location to a recipient (payee) in another location that is received 

in a form that makes it possible for a person to convert the cash into an electronic 

form that can be used to add funds to a general-use prepaid card or an account with 

a payment intermediary. 

C. "Consumer" means any person, worldwide, who initiates or sends a money 

transfer. 

D. "Defendant" means The Western Union Company, also doing business as 

Western Union Financial Services, Inc., and through its other subsidiaries and 

affiliates, and its successors and assigns. 

E. "Elevated fraud countries" means any country in which the principal 

amount of money transfers that are the subject of fraud complaints, received by 

Defendant from any source, represents one (1) percent or more of the principal 

amount of fraud complaints worldwide received by Defendant, for either money 

transfers sent or received in that country, determined on a quarterly basis, 

provided that once a country is determined to be one of the elevated fraud 

countries, it shall continue to be treated as such for purposes of this Order. 

F. "Elevated fraud risk agent location" means any Western Union agent 

location that has processed payouts of money transfers associated with: 

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1. Five (5) or more fraud complaints for such agent location, received by 

Defendant from any source, during the previous sixty (60) day period, 

based on a review of complaints on a monthly basis; and fraud 

complaints, received by Defendant from any source, totaling five (5) 

percent or more of the total payouts for such agent location in 

numbers or dollars in a sixty (60) day period, calculated on a monthly 

basis; or 

2. Fifteen (15) or more fraud complaints for such agent location, 

received by Defendant from any source, during the previous sixty (60) 

day period, based on a review of complaints on a monthly basis. 

G. "Fraud-induced money transfer" includes any money transfer that was 

induced by, initiated, or sent as a result of, unfair or deceptive acts or practices 

and/or deceptive or abusive telemarketing acts or practices. 

H. "Front line associate" means the employee of the Western Union agent 

responsible for handling a transaction at the point of sale for a consumer or a 

recipient (payee) of a money transfer, including by initiating, sending, or paying 

out the money transfer. 

I. "Money transfer" means the sending of money (in cash or any other form, 

unless otherwise stated) between a consumer in one location to a recipient (payee) 

in another location using Defendant's money transfer service, and shall include 

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transfers initiated or sent in person, online, over the telephone, using a mobile app, 

or through whatever platform or means made available. The term "money 

transfer" does not include Defendant's bill or loan payment services, or purchases 

of foreign currency conversions or options contracts from Defendant. 

J. '~Person" includes a natural person, an organization or other legal entity, 

including a corporation, partnership, sole proprietorship, limited liability company, 

association, cooperative, or any other group or combination acting as an entity. 

K. "Seller" means any person who, in connection with a telemarketing 

transaction, provides, offers to provide, or arranges for others to provide goods or 

services in exchange for consideration. 

L. "Telemarketer" means any person who, in connection with telemarketing, 

initiates or receives telephone calls to or from a customer. 

M. "Telemarketing" means any plan, program, or campaign which is 

conducted to induce the purchase of goods or services by use of one or more 

telephones, and which involves a telephone call, whether or not covered by the 

TSR. 

N. "Western Union agent" means any network agent, master agent, 

representative, authorized delegate, independent agent, super-agent, national 

account agent, key account agent, strategic account agent, sub-representative, 

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subagent, or any location, worldwide, authorized by Defendant to offer or provide 

any of its money transfer products or services. 

I. 

PROHIBITED BUSINESS ACTIVITIES 

IT IS FURTHER ORDERED that Defendant, Defendant's officers, agents, 

and employees, and all other persons in active concert or participation with any of 

them, who receive actual notice of this Order, whether acting directly or indirectly, 

in connection with promoting, offering for sale, or providing money transfer 

services, are permanently restrained and enjoined from: 

A. Transmitting a money transfer that Defendant knows or reasonably should 

know is a fraud~induced money transfer, or paying out a money tTansfer to 

any person that Defendant knows or reasonably should know is using its 

system to obtain funds from a consumer, directly or indirectly, as a result of 

fraud; 

B. Providing substantial assistance or support to any seller or telemarketer that 

Defendant knows or reasonably should know is accepting from a U.S. 

consumer, directly or indirectly, a money transfer as payment for goods or 

services offered or sold through telemarketing; 

C. Failing to do any of the following in connection with money transfers 

initiated by consumers: 

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1. Interdict recipients that have been the subject of any complaints about 

fraud-induced money transfers based on information provided to, or 

that becomes known by, Defendant; 

2. Identify, prevent, and stop cash-to-cash money transfers and cash 

reload money transfers initiated or received in the U.S. from being 

used as a form of payment by sellers or telemarketers, including, but 

not limited to, by: 

a. Asldng all U.S. consumers whether the money transfer is a 

payment for goods or services offered or sold through 

telemarketing; 

b. Declining to process money transfers from U.S. consumers 

where the money transfer is a payment for goods or services 

offered or sold through telemarketing; and 

c. Interdicting known sellers and telemarketers accepting money 

transfers as payments for goods or services offered through 

telemarketing; 

3. Provide a clear, concise, conspicuous and uncontradicted consumer 

fraud warning on the front page of all money transfer forms, paper or 

electronic, utilized by consumers in elevated fraud countries (based on 

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money transfers sent from those countries) to initiate money transfers 

using Defendant's system that includes, but is not limited to: 

a. A list of the most common types of scams that utilize 

Defendant's money transfer system; 

b. A warning that it is illegal for any seller or telemarketer to 

accept payments from U.S. consumers through money transfers 

for goods or services offered or sold through telemarketing; 

c. A notice to consumers that the money transfer can be paid out 

to the recipient within a short time, and that after the money is 

paid out, consumers may not be able to obtain a refund from 

Defendant, even if the transfer was the result of fraud, except 

under limited circumstances; and 

d. A toll-free or local number and a website for Defendant, subject 

to the timing requirements set forth in Subsection C.4, that 

consumers may call or visit to obtain assistance and file a 

complaint if their money transfer was procured through fraud; 

4. Make available in all countries in which Defendant offers money 

transfer services a website that consumers may visit to obtain 

assistance and file a complaint if they claim their money transfer was 

procured through fraud, provided that websites that are not yet 

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available shall be made available in accordance with the following 

schedule: (i) for countries determined to be elevated fraud countries, 

within six (6) months of entry of this Order; and (ii) for all other 

countries, within two (2) years of entry of this Order. 

5. Provide consumers who initiate or send money transfers via the 

Internet, telephone, mobile app, or any other platform that is not inperson, with substantially the same clear, concise, conspicuous and 

uncontradicted fraud warning required by Subsection C.3,provided 

that the warning may be abbreviated to accommodate the specific 

characteristics of the media or platform; 

6. Provide the required warning to consumers in the language used on 

the send form or other media type or platform used for the money 

transfer, in a form appropriate for the media or platform; 

7. Review and update the consumer warning as necessary to ensure its 

effectiveness in preventing fraud-induced money transfers; and 

8. Submit modifications to the warning, if any, to the Commission for 

review no less than ten (10) business days before any modified 

warning is disseminated to Western Union agents; provided that 

nothing herein shall prohibit Defendant from changing the nature or 

form of its service, send forms, or media or platform for offering 

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money transfer services or from seeking.to replace its send forms with 

an electronic form or entry system of some type in the future. In the 

event such changes are made, Defendant shall provide a consumer 

fraud warning substantially similar to that outlined in Subsection C.3 

in a form appropriate to the media or platform; 

D. Failing to reimburse the principal amount of a consumer's money transfer 

and any associated transfer fees whenever a consumer or his or her 

authorized representative reasonably claims that the transfer was 

fraudulently induced and: 

1. The consumer or his or her authorized representative asks Defendant, 

the sending agent, or front line associates to reverse the transfer before 

the transferred funds have been picked up; or 

2. Defendant, after reviewing information and data relating to the money 

transfer, determines that Defendant, its agents, or the front line 

associates failed to comply with any of Defendant's policies and 

procedures relating to detecting and preventing fraud-induced money 

transfers when sending or paying out the money transfer by failing to: 

provide the required consumer fraud warnings; comply with 

Defendant's interdiction or callback programs; verify the recipient's 

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identification; or accurately record the recipient's identification(s) and 

other required biographical data; 

E. Failing to promptly provide information to a consumer, or his or her 

authorized representative, who reports being a victim of fraud to Defendant, 

about the name of the recipient of the consumer's money transfer and the 

location where it was paid out, when such information is reasonably 

requested; and 

F. Failing to establish and implement, and thereafter maintain, a comprehensive 

anti-fraud program that is reasonably designed to protect consumers by 

detecting and preventing fraud-induced money transfers worldwide and to 

avoid installing and doing business with Western Union agents who appear 

to be involved or complicit in processing fraud-induced money transfers or 

fail to comply with Defendant's policies and procedures to detect and 

prevent fraud (hereinafter referred to as "Defendant's Anti-Fraud Program"). 

Such program, the content and implementation of which must be fully 

documented in writing, and provided to the FTC, shall contain 

administrative, technical, and physical safeguards appropriate to Defendant's 

size and complexity and the nature and scope of Defendant's activities, shall 

be consistent with this Order's requirements, and shall include at least the 

following requirements: 

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1. Performance of due diligence on all prospective Western Union 

agents and existing Western Union agents whose contracts are up for 

renewal· ' 

2. Designation of an employee or employees to coordinate and be 

accountable for Defendant's Anti-Fraud Program; 

3. Appropriate and adequate education and training on consumer fraud 

for Western Union agents and front line associates; 

4. Appropriate and adequate monitoring of Western Union agent and 

front line associate activity relevant to the prevention of fraud-induced 

money transfers; 

5. Prompt disciplinary action against Western Union agent locations 

where reasonably necessary to prevent fraud-induced money transfers; 

6. Adequate systematic controls to detect and prevent fraud-induced 

money transfers, including, but not limited to: 

a. Imposing more stringent identification requirements for money 

transfers sent to, or paid out in, elevated fraud countries; 

b. Holding suspicious money transfers at certain dollar thresholds 

to elevated fraud countries until Defendant has confirmed with 

the sender that they are not fraud-induced or has refunded the 

money to the sender; and 

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c. Ensuring that Western Union agent locations are recording all 

required information about recipients required by Defendant's 

policies or procedures or by law, including, but not limited to, 

their names, addresses, telephone numbers, and identifications, 

before paying out money transfers; and 

7. Periodic evaluation and adjustment of Defendant's Anti-Fraud 

Program in light of: 

a. The results of the monitoring required by Subsection F.4 of this 

Section and Section III of this Order; 

b. Any material changes to Defendant's operations or business 

arrangements; or 

c. Any other circumstances that Defendant knows or reasonably 

should know may have a material impact on the effectiveness of 

Defendant's Anti-Fraud Program, provided that Defendant shall 

notify the FTC in writing of the adjustments to Defendant's 

Anti-Fraud Program, and reasons for such adjustments, no more 

than thirty (30) days after any material modification to 

Defendant's Anti-Fraud Program has been implemented. 

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II. 

DUE DILIGENCE ON PROSPECTIVE AND EXISTING 

WESTERN UNION AGENTS 

IT IS FURTHER ORDERED that Defendant, Defendant's officers, agents, 

and employees, and al1 other persons in active concert or participation with any of 

them, who receive actual notice of this Order, whether acting directly or indirectly, 

in connection with promoting, offering for sale, or providing money transfer 

services, are hereby restrained and enjoined from: 

A. Failing to conduct thorough due diligence on all persons applying to 

become, or renewing their contracts as, Western Union agents, including any 

sub-representative or subagent, to avoid installing Western Union agents 

worldwide who may become elevated fraud risk agent locations, including, 

but not limited to, by: 

1. Verifying government-issued identification; 

2. Conducting all reasonably necessary background checks (criminal, 

3. Determining whether information or statements made during the agent 

application process are false or inconsistent with the results of 

Defendant's background checks or other due diligence; 

4. Taking reasonable steps to ascertain whether the prospective agent 

formerly owned, operated, had been a front line associate of, or had a 

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familial, beneficial, or straw relationship with any location of any 

money services business that was suspended or terminated for fraudrelated reasons, as permitted by applicable laws and regulations 

(including foreign laws and regulations) and with the required 

cooperation from other money transfer companies; 

5. Ascertaining whether the prospective agent had previously been 

interdicted by Defendant for suspicious activities or had been reported 

to Defendant as a recipient of fraud-induced money transfers; 

6. Conducting an individualized assessment of the particular risk factors 

involved with each Western Union agent application and conducting 

all reasonably necessary investigative steps consistent with those 

risks; and 

7. Maintaining information about Defendant's due diligence, including, 

but not limited to, information about the identities of the owners, their 

government-issued identifications, and the background check(s) 

conducted; 

B. Failing to reject applications where Defendant becomes aware or reasonably 

should have become aware based upon its due diligence that the applicant, or 

any of the applicant's sub-representatives or subagents, presents a material 

risk of becoming an elevated fraud risk; 

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C. Failing to ensure that the written agreements entered into with all new 

Western Union agents require them to comply with Section I.C.2 of this 

Order-' 

D. Failing to ensure that all new Western Union agents have effective policies 

and procedures in place at each of the agent's locations to detect and prevent 

fraud-induced money transfers and other acts or practices that violate 

Section I of this Order; 

E. Failing to take reasonable steps to confirm that Western Union agents whose 

contracts are up for renewal are complying with the terms of their 

agreements with Defendant, including, but not limited to, by having 

effective policies and procedures in place to detect and prevent fraudinduced money transfers; and 

F. Failing to require all new Western Union agents, and existing Western 

Union agents, to: (i) disclose and update the identities of any subrepresentative or subagent; and (ii) maintain records on the identities of any 

front line associates at their sub-representatives' or subagents' locations. 

III. 

MONITORING COMPLIANCE OF WESTERN UNION AGENTS 

IT IS FURTHER ORDERED that Defendant, Defendant's officers, agents, 

and employees, and all other persons in active concert or participation with any of 

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them, who receive actual notice of this Order, whether acting directly or indirectly, 

in connection with promoting, offering for sale, or providing money transfer 

services, are hereby restrained and enjoined from: 

A. Failing to provide appropriate and adequate ongoing education and training 

on consumer fraud for all Western Union agents, and other appropriate 

Western Union personnel, including, but not limited to, education and 

training on detecting, investigating, preventing, reporting, and otherwise 

handling suspicious transactions and fraud-induced money transfers, and 

ensuring that all Western Union agents and front line associates are notified 

of their obligations to comply with Defendant's policies and procedures and 

to implement and maintain policies and procedures to detect and prevent 

fraud-induced money transfers or other acts or practices that violate Section 

I of this Order; 

B. Failing to take all reasonable steps necessary to monitor and investigate 

Western Union agent location activity to detect and prevent fraud-induced 

money transfers, including, but not limited to: 

1. Developing, implementing, adequately staffing, and continuously 

operating and maintaining a system to receive and retain all 

complaints and data received from any source, anywhere in the world, 

involving alleged fraud-induced money transfers, and taking all 

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reasonable steps to obtain, record, retain, and make easily accessible 

to Defendant and, upon reasonable request, the FTC, all relevant 

information regarding all complaints related to alleged fraud-induced 

money transfers, including, but not limited to: 

a. The consumer's name, address, and telephone number; 

b. The substance of the complaint, including the fraud type and 

fraud method, and the name of any person referenced; 

c. The reference number, or Money Transfer Control Number, for 

each money transfer related to the complaint; 

d. The name, agent identification number, telephone number, and 

address of the sending agent(s); 

e. The date of each money transfer; 

f. The amount of each money transfer; 

g. The money transfer fee for each money transfer; 

h. The date each money transfer is received; 

1. The name, agent identification number, telephone number, and 

address of the receiving agent(s); 

J. The name, address and telephone number of the recipient, as 

provided by the recipient, of each money transfer; 

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k. The identification, if any, presented by the recipient, and 

recorded, for each money transfer; 

1. All transactions conducted by the consumer bearing any 

relationship to the complaint; 

m. To the extent there is any investigation concerning, and/or 

resolution of, the complaint: 

1. The nature and result of any investigation conducted 

concerning the complaint; 

2. Any response to the complaint and the date of such 

response to the complaint; 

3. The final resolution of the complaint, the date of such 

resolution, and an explanation for the resolution; and 

4. If the resolution does not include the issuance of a 

refund, the reason for the denial of a refund; 

2. Taking all reasonable steps to identify Western Union agents or front 

line associates involved or complicit in fraud; 

3. Routinely reviewing and analyzing data regarding the activities of 

Western Union agent locations in order to identify the following: 

a. Agent locations that have processed transactions associated 

with two (2) or more complaints about alleged fraud-induced 

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money transfers, received by Defendant from any source, 

during a thirty (30) day period; and 

b. Elevated fraud risk agent locations, as defined above; and 

4. For agent locations identified pursuant to Subsection B.3 of this 

Section, fully investigate the agent location by reviewing transaction 

data and conducting analyses to determine if the agent location 

displayed any unusual or suspicious money transfer activity that 

cannot reasonably be explained or justified, including, but not limited 

to: 

a. Data integrity issues, including, but not limited to, invalid, 

illegible, incomplete, missing, or conflicting biographical data 

for consumers or recipients of money transfers; 

b. Significant changes in the transaction patterns experienced at 

the agent location; 

c. Significant differences in the transaction patterns experienced at 

an agent location relative to the patterns experienced at other 

agent locations in the same country; 

d. Unusual demographic activity; 

e. Irregular concentrations of send and/or pay activity between the 

agent and one or more other Western Union agent locations; 

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f. I1regular concentrations of send and/or pay activity between the 

agent and one or more geographical areas that have been 

identified as high risk for fraud; 

g. Unusual transaction patterns by senders or recipients; 

h. Flipping patterns; 

L Suspicious structuring or splitting of money transfers; or 

J. Suspicious surfing patterns; 

C. Failing to take the following actions to prevent further fraud-induced money 

transfers, including, but not limited to, by: 

1. Suspending Western Union agent locations, as follows, pending 

further investigation to determine whether the Western Union agent 

locations can continue operating consistent with this Order's 

requirements: 

a. For agent locations identified pursuant to Subsection B.3.a of 

this Section, if the investigation of the agent location required 

by Subsection B.4 of this Section is not completed within 

fourteen (14) days after the agent location is identified, 

suspending the Western Union agent location's ability to 

conduct further money transfers until the investigation is 

completed; and 

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b. For elevated fraud risk agent locations, immediately suspending 

the Western Union agent's ability to conduct further money 

transfers until the review required by Subsection B.4 of this 

Section is completed, except that, for a Western Union agent 

that is a bank or bank branch and otherwise subject to this 

immediate suspension requirement by virtue of fraud 

complaints about money transfers that are transferred directly 

into its account holders' bank accounts, Defendant shall comply 

with Subsection III.C. l .a. and also permanently block, or 

request that the Western Union agent block, all further money 

transfers to bank accounts for which Defendant has received 

any fraud complaint; 

2. Upon completion of the investigation, terminating, suspending, or 

restricting Western Union agent locations as follows: 

a. Terminating or suspending the Western Union agent location, 

or restricting the agent location's ability to send and/or receive 

certain money transfers, if the findings indicate that the Western 

Union agent location is not, or has not been, complying with 

Defendant's Anti-Fraud Program and other policies and 

procedures relating to detecting and preventing fraud-induced 

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money transfers, including, but not limited to, by failing to 

collect and record required and accurate biographical 

information about, and government-issued identifications for, 

the recipients of money transfers; and 

b. Terminating the Western Union agent location if the findings 

indicate that the Western Union agent location or any of its 

front line associates is, or may be, complicit in the fraudinduced money transfers, has failed to comply with Section IV 

of this Order, or has repeatedly failed to comply with 

Defendant's Anti-Fraud and other policies and procedures 

relating to detecting and preventing fraud-induced money 

transfers; 

3. On at least a monthly basis, providing notice to all Western Union 

agents in elevated fraud countries the substance of any complaints 

Defendant received involving transactions processed by the agents' 

locations; and 

4. Ensuring that all Western Union agents are enforcing effective 

policies and procedures to detect and prevent fraud-induced money 

transfers, or other acts or practices that violate Section I of this Order; 

and 

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D. Failing to establish adequate controls to ensure that, prior to paying out 

money transfers, Western Union agent locations are recording all required 

information about the recipients of money transfers, including, but not 

limited to, the recipients' names, addresses, telephone numbers, and 

identifications, and are taking reasonable steps to verify the identification 

presented by the recipients or, for money transfers that are directed to bank 

accounts, the identities of the account holders. 

IV. 

REQUIREMENTS FOR ELEVATED FRAUD RISK AGENT LOCATIONS 

IT IS FURTHER ORDERED that Defendant, Defendant's officers, agents, 

and employees, and all other persons in active concert or participation with any of 

them, who receive actual notice of this Order, whether acting directly or indirectly, 

in connection with promoting, offering for sale, or providing money transfer 

services, shall require and ensure that all elevated fraud risk agent locations that 

are still operating do the following for one (1) year from the date that Defendant 

identifies the agent as an elevated fraud risk agent location under the terms of this 

Order: 

A. For money transfers that are not transferred directly into a recipient's bank 

account, photocopy or scan the identification documents or biometric 

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Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 24 of 46 
information presented by the recipient and retain the photocopies or images, 

along with the receive forms, for a period of five (5) years; and 

B. Demonstrate during compliance reviews or mystery shops, which Defendant 

shall conduct on at least a quarterly basis, that the agent location is 

complying with the requirements in this Section; 

Provided, however, that if Defendant reasonably believes that complying 

with Subsection A of this Section for money transfers received by an elevated 

fraud agent location in a particular foreign jurisdiction would violate that 

jurisdiction's laws, Defendant may instead, upon notice to Commission staff, block 

all money transfers from the United States to that elevated fraud risk agent location 

or, with the agreement of Commission staff, take other appropriate action at that 

location to protect consumers from fraud. 

v. 

SHARING COMPLAINT INFORMATION 

IT IS FURTHER ORDERED that, Defendant, Defendant's officers, agents, 

and employees, and all other persons in active concert or participation with any of 

them, who receive actual notice of this Order, whether acting directly or indirectly, 

shall, in addition to, or as a modification of, any other policy or practice that the 

Defendant may have, including Defendant's ongoing submission of information to 

the FTC for inclusion in the Consumer Sentinel Network ("Consumer Sentinel"): 

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A. Provide notice to the consumer, or his or her authorized representative, at the 

time the Defendant is contacted with a complaint about alleged fraudulent 

activity associated with a money transfer, that (i) Defendant's practice is to 

share information regarding the consumer's money transfer and complaint 

with a database used by law enforcement authorities in the United States and 

other countries; and (ii) if the consumer does not want his or her name, 

address, and identification shared with law enforcement, Defendant will 

honor that request unless applicable law permits or requires Defendant to 

provide that information; and 

B. Regularly, but no more than every thirty (30) days, submit electronically to 

the FTC, or its designated agent, for inclusion in Consumer Sentinel, all 

relevant information Defendant possesses regarding complaints received 

from consumers, their authorized representatives, or any other source, 

anywhere worldwide, about alleged fraud-induced money transfers and 

regarding the underlying transfer itself, including, but not limited to, the 

information set foith in Section ill.BJ.a through ill.B.1.1. Provided, 

however, if Defendant receives a request from a consumer or the consumer's 

authorized representative, which is documented by Defendant, stating that 

the consumer does not want the information shared with the database, or if 

Defendant received the complaint from a source other than the consumer or 

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Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 26 of 46 
the consumer's authorized representative, Defendant shall submit to the FTC 

an anonymized complaint with the consumer's name, addtess, and telephone 

number redacted. Provided, further, that Defendant shall cooperate with the 

FTC in order to facilitate compliance with this Section. 

VI. 

INDEPENDENT COMPLIANCE AUDITOR 

IT IS FURTHER ORDERED THAT an Independent Compliance Auditor 

("ICA") shall be appointed to further ensure compliance with Sections I-V of this 

Order, as set forth below: 

A. Commission staff and Defendant shall select the !CA. The ICA shall be an 

independent third party, not an employee of the Commission or of 

Defendant. No later than thirty (30) days after entry of this Order, 

Defendant shall propose to a representative of the Commission three 

qualified, third-party candidates to serve as the ICA for Defendant as set 

forth in this Section. In the event that Commission staff is unable to select at 

least one acceptable ICA from the three candidates proposed by Defendant, 

Defendant shall propose another candidate within fourteen (14) days after 

receiving notice of the rejection. This process shall continue until an ICA is 

chosen. If within ninety (90) days after entry of this Order, the parties are 

unable to agree on a candidate who is willing and able to perform the ICA's 

27 

Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 27 of 46 
duties under this Order, they shall submit the matter to the Court for 

determination. 

B. The ICA shall review, assess, and evaluate Defendant's compliance with 

Sections I-V of this Order; 

C. The ICA is authorized to choose, engage, and employ attorneys, 

investigators, accountants, appraisers, and other independent contractors and 

technical specialists, as the ICA deems advisable or necessary in the 

performance of the ICA's duties and responsibilities tmder the authority 

granted by this Order; 

D. The ICA shall have immediate, unfettered access to all information, 

documents, personnel, and premises in the possession, custody, or control of 

Defendant or any Western Union agent that the ICA deems necessary to 

carry out the ICA's duties pursuant to this Order; provided that, the ICA 

shall make reasonable efforts to avoid imposing upon Defendant undue costs 

and burdens; and provided that, if there is a dispute about the ICA's access 

to Defendant's or any Western Union agents' information, documents, 

personnel, and premises, after attempting to resolve the dispute without 

court action and for good cause shown, Defendant or the ICA may file a 

motion with this Court seeking appropriate relief; 

28 

Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 28 of 46 
E. Defendant shall fully cooperate with and assist the ICA. The cooperation 

and assistance shall include, but not be limited to, providing information to 

the ICA that the ICA deems necessary to be fully informed and discharge the 

responsibilities of the ICA under this Order, including proprietary 

information and trade secrets; providing any password required to access 

any computer, electronic file, or telephone data in any medium; and 

producing Defendant's financial records. The parties agree that no attorneyclient or other professional relationship shall be formed between the ICA 

and Defendant; 

F. The ICA shall prepare a budget and work plan as follows: 

1. No later than sixty (60) days after the date on which the ICA is 

retained by Defendant, the ICA shall, in consultation with 

Commission staff and Defendant, prepare and present to 

Commission staff and Defendant an annual budget and work plan 

(the "ICA Budget") describing the scope of work to be performed 

and the fees and expenses of the ICA and any professional staff to 

be incurred during the first year following the date on which the 

ICA is retained. 

2. The scope of work, fees, and expenses to be incurred by the ICA 

and any professional staff shall be reasonable and not excessive, in 

29 

Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 29 of 46 
light of the ICA's defined duties, responsibilities, and powers 

prescribed in this Order. 

3. The ICA shall prepare and submit to Defendant and to Commission 

staff an annual ICA Budget no later than ninety (90) days prior to 

the beginning of each subsequent year of the ICA's term. If 

Defendant and Commission staff both approve the ICA Budget, the 

ICA shall adhere to and shall not exceed the approved ICA Budget, 

unless such deviations are authorized by agreement of the parties or 

order of the Court. 

4. Within twenty-one (21) days of receipt of any ICA Budget, either 

Commission staff or Defendant may serve an objection to the ICA, 

who, within twenty-one (21) days of such objection, shall provide to 

Commission staff and Defendant a revised ICA Budget or a notice 

that no such revision will be made. 

s. Following the ICA's response to an objection provided in 

accordance with Subsection VLF .4 hereof, either Commission staff 

or Defendant may apply to the Court to modify the ICA Budget. 

6. Pending the Court's decision concerning any application pursuant to 

Subsection VI.F.5, the ICA shall continue to perform its duties and 

implement the ICA Budget as prepared by the ICA. 

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Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 30 of 46 
G. Within one hundred eighty (180) days from the date of the engagement of 

the ICA, and annually thereafter tmtil the end of the JCA's term, the ICA 

shall issue a report to Commission staff setting forth the ICA's assessment 

of Defendant's compliance with this Order ("Report"). If, at any time, the 

ICA determines that Defendant is not in substantial compliance with this 

Order, the ICA shall notify Commission staff and consult with Defendant. 

Defendant may submit to Commission staff and to the ICA a written 

response to the ICA's notification; 

H. The Report and the contents thereof shall be treated as non-public material 

pursuant to the Commission's Procedures and Rules of Practice. The FTC 

may share the Report and its contents with other law enforcement agencies, 

including, but not limited to, the United States Department of Justice 

("DOJ''), as permitted by the Commission's Procedures and Rules of 

Practice; 

I. The ICA's term shall be three (3) years from the date on which the ICA is 

retained by Defendant. If the ICA resigns or is otherwise unable to fulfill his 

or her obligations as set out in this Section, the process set forth in 

Subsection N of this Section shall govern the selection of a new ICA; 

J. The ICA and all personnel hired by the ICA, including counsel to the ICA, 

are entitled to reasonable compensation for the performance of duties 

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Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 31 of 46 
pursuant to this Order and for the cost of actual out-of-pocket expenses 

incurred by them, from Defendant>s assets. The ICA shall provide 

Defendant with an accounting and a request for payment of reasonable 

compensation every six (6) months after the ICA is appointed, or at intervals 

deemed appropriate by the ICA; 

K. Defendant shall indemnify the ICA and hold the !CA harmless against all 

losses, claims, damages, liabilities, or expenses arising out of, or in 

connection with, the performance of the ICA's duties, including all 

reasonable fees of counsel and other reasonable expenses incurred in 

connection with the preparations for, or defense of, any claim, whether or 

not resulting in any liability, except to the extent that such losses, claims, 

damages, liabilities, or expenses result from gross negligence, willful or 

wanton acts, or bad faith by the ICA; 

L. In the event the ICA determines that the Defendant has failed to act 

consistently with the terms of this Section, the ICA shall notify the FTC and 

Defendant, and, for good cause shown, the ICA or the FTC may apply to the 

Court for appropriate relief, including for an extension of the ICA's term set 

forth in Subsection I of this Section; 

M. The ICA may, from time to time as may be made necessary by 

circumstances outside the ICA's control, such as by reason of the ICA's 

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Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 32 of 46 
temporary incapacity, family emergency, or natural disaster, appoint a 

temporary Acting ICA to act in the ICA's stead. The rights, duties, and 

obligations of the ICA under this Section shall apply equally to any such 

duly appointed Acting ICA, provided, however, that the period during which 

the ICA's role is filled by an Acting ICA shall not extend for longer than 

thirty (30) days; 

N. If the ICA is no longer willing or able to continue to serve, or if the Court 

relieves the ICA of his duties at the request of the FTC 01· Defendant, 

Commission staff and Defendant shall mutually agree on a replacement ICA. 

If the parties are unable to agree on a replacement ICA within sixty (60) 

days, they shall submit the matter to the Court for determination within ten 

(10) days thereafter. The overall term of the ICA set forth in Subsection I of 

this Section shall be extended commensurate with the length of the absence 

of the ICA; and 

0 . In the event of the appointment of a replacement ICA, the replacement ICA 

shall have all the rights, powers, duties, and obligations of the ICA under 

this Order. 

33 

Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 33 of 46 
VII. 

MONETARY ,JUDGMENT 

IT IS FURTHER ORDERED THAT: 

A. Judgment in the amount of five hundred eighty-six miJlion dollars 

($586,000,000) is entered in favor of the Commission against Defendant as 

equitable monetary relief. 

B. Defendant shall satisfy the judgment in Subsection A of this Section by 

complying with the payment requirements set forth in Paragraph 7 of the 

Deferred Prosecution Agreement filed in United States v. The Western 

Union Company, 1:17-CR-00011-CCC (M.D. Pa. Jan. 19, 2017) ("DPA"). 

C. Defendant relinquishes dominion and all legal and equitable right, title, and 

interest in all assets transferred pw·suant to this Order and Paragraphs 7 and 

8 of the DPA and may not seek the return of any assets; 

D. 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 Commission, ~~~~~~~~~~~ 

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; 

E. The facts alleged in the Complaint establish all elements necessary to sustain 

an action by the Commission pursuant to Section 523(a)(2)(A) of the 

34 

Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 34 of 46 
Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), and this Order will have 

collateral estoppel effect for such purposes; 

F. Defendant acknowledges that its Employer Identification Number, which 

Defendant must submit 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; 

G. All money paid pursuant to this Order and Paragraph 7 of the DPA shall be 

deposited into the DOJ or the Department of the Treasury Assets Forfeiture 

Funds. The FTC and DOJ intend to make the funds available to compensate 

the fraud victims described in the FTC Complaint and the DOJ Statement of 

Facts, as set forth in Paragraph 7 of the DPA. Defendant has no right to 

challenge any actions taken by DOJ, the FTC, or their representatives, 

pursuant to this Subsection; and 

H. No asset transfer required by this Order should be deemed, or deemed in lieu 

of, a fine, penalty, forfeiture, or punitive assessment. Defendant's 

satisfaction of the judgment through a payment pursuant to the DP A is not 

intended to alter the remedial nature of the judgment. 

35 

Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 35 of 46 
VIII. 

ORDER ACKNOWLEDGMENT 

IT IS FURTHER ORDERED that Defendant obtain acknowledgments of 

receipt of this Order: 

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

Commission an acknowledgment of receipt of this Order sworn under 

penalty of pe1jury; 

B. For ten (10) years after entry of this Order, Defendant must deliver by 

electronic or other means a copy of this Order to: (1) all principals, officers, 

directors, and LLC managers and members; (2) all employees, agents, and 

representatives who participate in conduct related to the subject matter of 

this Order, including, but not limited to, Western Union agents and 

employees who are involved in any way with consumer fraud complaints or 

who are involved in the hiring, training or monitoring of Western Union 

agents; and (3) any business entity resulting from any change in structure as 

set fo1th in the Section titled Compliance Reporting. Defendant must send a 

copy of this Order to cuncnt personnel within seven (7) days of entry of this 

Order. For all others, delivery must occur before they assume their 

responsibilities; and 

36 

Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 36 of 46 
C. From each individual or entity to which a Defendant delivered a copy of this 

Order, that Defendant must obtain, within thirty (30) days, a signed and 

dated acknowledgment of receipt of this Order. Provided that, in the event 

that Defendant is unable to secure such acknowledgements from all cunent 

Western Union agents, despite notice of this requirement, Defendant shall 

retain proof of distribution of this Order to all current Western Union agents, 

such as an electronic mail receipt, a certified mail receipt, or an affidavit of 

service. 

IX. 

COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendant make timely submissions to 

the Commission: 

A. One (I) year after entry of this Order, Defendant must submit a compliance 

report, sworn under the penalty of perjury, that: 

1. Identifies the primary physical, postal, and email address and 

telephone number, as designated points of contact, which 

representatives of the Commission may use to communicate with 

Defendant; 

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Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 37 of 46 
2. Identifies any business entity that Defendant has any ownership 

interest in or controls directly or indirectly that may affect compliance 

obligations arising under this Order; 

3. Describes in detail whether and how Defendant is in compliance with 

each Section of this Order, including, but not limited to, describing the 

following: 

a. The number of Western Union agents, by country, identified by 

the procedures in Section III.B.3 of this Order; 

b. The names, addresses, and telephone numbers of all Western 

Union agent locations that have been suspended, restricted, or 

te1minated by Defendant for reasons related to fraud-induced 

money transfers, the dates of and the specific reasons for the 

suspensions, restrictions, or terminations, and, for Western 

Union agents that have been reactivated after suspension, the 

dates of the reactivations; and 

c. Evidence showing that Defendant has and is complying with 

the requirements of Sections I through V of this Order; and 

4. A copy of each Order Acknowledgment obtained pursuant to this 

Order, unless previously submitted to the Commission. 

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Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 38 of 46 
B. Annually, unless otherwise stated in this Subsection, for a period often (10) 

years after Defendant's submission of the compliance report required by 

Subsection A of this section, Defendant shall submit a compliance report, 

sworn under penalty of perjury, that: 

1. Notifies the Commission of any change in any designated point of 

contact within fourteen (14) days of the change; 

2. Notifies the Commission of any change in the structure of 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, within fourteen (14) days of the change; 

3. Describes in detail whether and how Defendant is in compliance with 

each Section of this Order, including, but not limited to, describing the 

following: 

a. The number of Western Union agents, by country, identified by 

the procedures in Section III.B.3 of this Order; 

b. The names, addresses, and telephone numbers of all Western 

Union agents that have been suspended, restricted, or 

terminated by Defendant for reasons related to fraud-induced 

39 

Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 39 of 46 
money transfers, the dates of and the specific reasons for the 

suspensions, restrictions, or terminations, and, for Western 

Union agents that have been reactivated after suspension, the 

dates of the reactivations; and 

c. Evidence showing that Defendant has and is complying with 

the requirements of Sections I through V of this Order; 

C. Defendant must submit to the Commission notice of the filing of any 

bankruptcy petition, insolvency proceeding, or similar proceeding by or 

against Defendant within fourteen (14) days of its filing; 

D. Any submission to the Commission required by this Order to be sworn under 

penalty of perjury must be true and accurate and comply with 28 U.S.C. 

§ 17 46, 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; and 

E. Unless otherwise directed by a Commission 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, 

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Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 40 of 46 
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, 

DC 20580. The subject line must begin: FTC v. Western Union. 

x. 

RECORD KEEPING 

IT IS FURTHER ORDERED that Defendant must create certain records for 

ten (10) years after entry of this Order, and retain each such record for five (5) 

years. Specifically, Defendant must create and retain the following records: 

A. Defendant's current written programs and policies governing the detection 

and prevention of consumer fraud and the installation and oversight of its 

agents, including, but not limited to, its Anti-Fraud Program; 

B. Defendant's current policies and procedures governing consumer fraud 

education or training provided to Western Union agents or other appropriate 

personnel; 

C. All Western Union agent applications, records reflecting due diligence 

conducted by Defendant with respect to such applications, and with respect 

to agents whose contracts come up for renewal, and written agreements 

entered into with Western Union agents; 

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

indirectly, such as through a third party, from any source, anywhere in the 

world, about potentially fraud-induced money transfers, and any response, 

41 

Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 41 of 46 
including, but not limited to, the information listed in Section IlI.B.1 of this 

Order· ' 

E. Records reflecting all steps Defendant has taken to monitor the activity of its 

agents to detect, reduce and prevent consumer fraud, including, but not 

limited to, records ofDefendant's reviews, audits, or investigations of 

Western Union agents associated with consumer fraud, communications 

with such agents regarding consumer fraud matters, and any remedial action 

taken against agents due to fraud; 

F. Copies of documents relating to compliance reviews or mystery shops 

conducted by Defendant of elevated fraud risk agent locations pursuant to 

Section IV of this Order; and 

G. All records necessary to demonstrate full compliance with each provision of 

this Order, including submissions to the Commission. 

XI. 

COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring 

Defendant's compliance with this Order and any failure to transfer any assets as 

required by this Order: 

A. Within fourteen (14) days of receipt of a written request from a 

representative of the Commission, Defendant must: submit additional 

42 

Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 42 of 46 
compliance reports or other requested information, which must be sworn 

under penalty of perjury; appear for depositions; and produce documents for 

inspection and copying. The Commission is 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 Commission is authorized to 

communicate directly with Defendant. Defendant must permit 

representatives of the Commission to interview any employee or other 

person affiliated with Defendant who has agreed to such an interview. The 

person interviewed may have counsel present; and 

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

its representatives as consumers, suppliers, or other individuals or entities, to 

Defendant or any individual or entity affiliated with Defendant, without the 

necessity of identification or prior notice. Nothing in this Order limits the 

Commission's lawful use of compulsory process, pmsuant to Sections 9 and 

20 of the FTC Act, 15 U.S.C. §§ 49, 57b-l. 

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Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 43 of 46 
I • 

'• ' 

XII. 

RETENTION OF JURISDICTION. 

IT IS FURTHER ORDERED that this Court retains juris.-i~Gt!on of this 

matter for purposes of construction, m0dification, and enforcement of thi& Order. 

UNIT D ST ATES DISTRICT JUDGE 

44 

Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 44 of 46 
SO STIPULATED AND AGREED: 

PLAINTIFF FEDERAL TRADE COMMISSION 

~'.;o~-=6=--20-4-12-s)-­ roANNIE T. WEI (IL 6276144) 

ELIZABETH C. SCOTT (IL 6278075) 

Attorneys for Plaintiff 

Federal Trade Commission 

55 West Monroe Street, Suite 1825 

Chicago, Illinois 60603 

kdodge@ftc.gov (Dodge) 

jwei@ftc.gov (Wei) 

es~ott@ftc.gov (Scott) 

DEFENDANT THE WESTERN UNION COMPANY 

JO tDYB 

Exec tlve Vfoe President and General Counsel 

COUNSEL FOR DEFENDANT THE WESTERN UNION COMP ANY 

__ ~A ----------1 

EDWARD B. SCHWARTZ (DC 429690) 

Steptoe & Johnson LLP 

Attorneys for Defendant 

1330 Connecticut Avenue, NW 

Washington, DC 20036 

(202) 429-6220 (telephone) 

(202) 429-3902 (facsimile) 

eschwartz@steptoe.com 

45 

Dated: January 18, 2017 

Case 1:17-cv-00110-CCC Document 12 Filed 01/20/17 Page 45 of 46 
SEAN M. BERKOWITZ (IL 6209701) 

Latham & Watkins LLP 

Att01neys for Defendant 

330 North Wabash Avenue, Suite 2800 

Chicago, Illinois 60611 

(312) 777-7016 (telephone) 

(312) 993-9767 (facsimile) 

sean.berkowitz@lw.com. 

Dated: January 18, 2017 

46 

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