5 

 10 

 15 

 20 

 25 

 1 

2 

3 

4 

6 

7 

8 

9 

11 

12 

13 

14 

16 

17 

18 

19 

21 

22 

23 

24 

26 

27 

28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 1 of 18 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

UNITED STATES OF AMERICA, 

Case No. 3:23-cv-03516-JCS 

Plaintiff, 

v. 

STIPULATED ORDER FOR 

VICEROY MEDIA SOLUTIONS, LLC, also CIVIL PENALTY JUDGMENT, 

d/b/a quick-jobs.com and localjobsindex.com, a PERMANENT INJUNCTION, 

California limited liability corporation; AND OTHER RELIEF 

VOLTRON INTERACTIVE, LLC, a Delaware 

limited liability corporation; 

SUNIL KANDA, individually and as an owner of 

VICEROY MEDIA SOLUTIONS, LLC and 

VOLTRON INTERACTIVE, LLC; and 

QUYNH TRAN, a/k/a/ Kayli Tran, individually 

and as an owner of VICEROY MEDIA 

SOLUTIONS, LLC and VOLTRON 

INTERACTIVE, LLC,

 Defendants. 

Plaintiff, the United States of America, acting upon notification and authorization to the 

Attorney General the Federal Trade Commission (“Commission” or “FTC”), filed its Complaint 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 2 of 18 

for Civil Penalties, Permanent Injunction, and Other Relief (“Complaint”), for a permanent 

injunction, civil penalties, and other relief in this matter, pursuant to Sections 5(a)(1), 

5(m)(1)(A), 13(b), 16(a), and 19 of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. 

§§ 45(a), 45(m)(1)(A), 53(b), 56(a), and 57b. Defendants have waived service of the summons 

and the Complaint. Plaintiff and Defendants stipulate to the entry of this Stipulated Order for 

Civil Penalty Judgment, Permanent Injunction, and Other Relief (“Order”) to resolve all matters 

in dispute in this action between them. 

THEREFORE, IT IS ORDERED as follows: 

I. FINDINGS 

1. This Court has jurisdiction over this matter. 

2. The Complaint charges that Defendants participated in deceptive acts or practices 

in violation of Section 5 of the FTC Act, 15 U.S.C. § 45, and the Telemarketing Sales Rule (the 

“TSR” or “Rule”), as amended, 16 C.F.R. Part 310, in connection with (a) acquiring consumer 

data using websites purportedly offering consumers job or education opportunities, and then (b) 

selling the consumer data to third parties. 

3. Defendants 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 agree to bear their own costs and attorney fees. 

4. Defendants and Plaintiff waive all rights to appeal or otherwise challenge or 

contest the validity of this Order. 

II. DEFINITIONS 

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

A. “Affirmative Express Consent” means, upon being presented with unambiguous 

options to provide or withhold consent, an affirmative act communicating specific, informed, and 

unambiguous authorization to collection and sale, transfer, or disclosure of Covered Information. 

The following does not constitute Affirmative Express Consent: 

1. Inferring consent from the hovering over, muting, pausing, or closing of a 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

2 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 3 of 18 

given piece of content by the consumer; or 

2. Obtaining consent through a user interface that has the substantial effect of 

subverting or impairing user autonomy, decision-making, or choice. 

B. “Clear(ly) and Conspicuous(ly)” means that a required disclosure is difficult to 

miss (i.e., easily noticeable) and easily understandable by ordinary consumers, including in all of 

the following ways: 

1. In any communication that is solely visual or solely audible, the disclosure 

must be made through the same means through which the communication is 

presented. In any communication made through both visual and audible means, 

such as a television advertisement, the disclosure must be presented 

simultaneously in both the visual and audible portions of the communication even 

if the representation requiring the disclosure is made in only one means. 

2. A visual disclosure, by its size, contrast, location, the length of time it 

appears, and other characteristics, must stand out from any accompanying text or 

other visual elements so that it is easily noticed, read, and understood. 

3. An audible disclosure, including by telephone or streaming video, must be 

delivered in a volume, speed, and cadence sufficient for ordinary consumers to 

easily hear and understand it. 

4. In any communication using an interactive electronic medium, such as the 

Internet or software, the disclosure must be unavoidable. 

5. The disclosure must use diction and syntax understandable to ordinary 

consumers and must appear in each language in which the representation that 

requires the disclosure appears. 

6. The disclosure must comply with these requirements in each medium 

through which it is received, including all electronic devices and face-to-face 

communications. 

7. The disclosure must not be contradicted or mitigated by, or inconsistent 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

3 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 4 of 18 

with, anything else in the communication. 

8. This disclosure must not be presented to the consumer through a hyperlink 

or hoverbox. 

9. When the representation or sales practice targets a specific audience, such 

as children, the elderly, or the terminally ill, “ordinary consumers” includes 

reasonable members of that group. 

C. “Covered Information” means information from or about an individual 

consumer, including (a) first and last name; (b) a home or other physical address, including street 

name, name of city or town, or zip code; (c) an email address or other online contact information, 

such as a social media username; (d) a telephone number, including mobile number; (e) gender; 

(f) age or date of birth; (g) response to any survey or multiple-choice question about 

circumstances specific to the consumer, such as education level, employment status, or 

household debt; or (h) any information combined with any of (a) through (g). 

D. “Defendants” means all of the Individual Defendants and all of the Corporate 

Defendants, individually, collectively, or in any combination. 

1. “Corporate Defendants” means Viceroy Media Solutions, LLC, Voltron 

Interactive, LLC, and their successors and assigns. 

2. “Individual Defendants” means Sunil Kanda and Quynh Tran. 

E. “Lead Generation” means (a) using marketing techniques to identify or attract 

prospective customers’ interest in a third party’s product or service; (b) obtaining, or assisting 

others in obtaining, Covered Information of prospective customers for a third-party’s product or 

service; or (c) providing any such Covered Information of prospective customers to a third party. 

For purposes of this definition, the term “third party” does not include service providers or their 

sub-processors that (a) provide services to Defendants; (b) use or receive Covered Information at 

Defendants’ direction or to detect, prevent, or investigate security incidents or fraud, or to 

comply with regulatory obligations; and (c) do not pay or receive payment as consideration for 

the Covered Information provided by Defendants. 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

4 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 5 of 18 

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” or “persons” 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 

H. “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 the customer in 

exchange for consideration. 

I. “Telemarketer” means any person who, in connection with Telemarketing, 

initiates or receives telephone calls to or from a customer or donor. 

J. “Telemarketing” means any 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. The term does not 

include the solicitation of sales through the mailing of a catalog which: contains a written 

description or illustration of the goods or services offered for sale; includes the business address 

of the Seller; includes multiple pages of written material or illustrations; and has been issued not 

less frequently than once a year, when the person making the solicitation does not solicit 

customers by telephone but only receives calls initiated by customers in response to the catalog 

and during those calls takes orders only without further solicitation. For purposes of the previous 

sentence, the term “further solicitation” does not include providing the customer with 

information about, or attempting to sell, any other item included in the same catalog which 

prompted the customer’s call or in a substantially similar catalog. 

III. BAN ON ROBOCALLS 

IT IS ORDERED that Defendants, whether acting directly or through an intermediary, 

are permanently restrained and enjoined from initiating, causing others to initiate, or assisting 

others in initiating any Outbound Telephone Call that plays or delivers a prerecorded message. 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

5 
 

 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 6 of 18 

IV. REQUIREMENTS RELATED TO THE SALE, TRANSFER, OR DISCLOSURE 

OF COVERED INFORMATION 

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

and attorneys, 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, are permanently 

restrained and enjoined from: 

A. In connection with Lead Generation, collecting and selling, transferring, or 

otherwise disclosing any consumer’s Covered Information or promoting or offering for sale any 

good or service, whether directly or through an intermediary to any Person, unless Defendants 

have: 

1. Clearly and Conspicuously disclosed to the consumer, separate and apart from 

any “privacy policy,” “terms and conditions,” “terms of service,” or other similar 

document: 

a. The specific purpose(s) for which the Covered Information is being 

collected, sold, transferred, or disclosed; 

b. The categories of Covered Information that will be sold, transferred, or 

disclosed; 

c. The name of every Person who collects the Covered Information, where 

the name disclosed must be that of a natural person, legal entity, or 

registered DBA; 

d. The name of every Person to whom the Covered Information will be sold, 

transferred, or disclosed, where the name disclosed must be that of a 

natural person, legal entity, or registered DBA; 

e. All purposes for which each recipient will use the Covered Information; 

f. The categories of Covered Information, if any, that the recipient will sell, 

transfer, or disclose to third parties; 

g. The name of each Person to whom the recipient will sell, transfer, or 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

6 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 7 of 18 

disclose the Covered Information, where the name disclosed must be that 

of a natural person, legal entity, or registered DBA. 

h. A simple, easily located means for the consumer to withdraw 

authorization to collection, sale, transfer, or distribution of the consumer’s 

Covered Information; 

i. Any limitations on the consumer’s ability to withdraw authorization to 

collection, sale, transfer, or distribution of the consumer’s Covered 

Information; and 

j. All other information material to the provision of authorization to 

collection, sale, transfer, or distribution of the consumer’s Covered 

Information; 

2. Obtained, after making the disclosures set forth in Subsection A(1) of this 

Section, the consumer’s Affirmative Express Consent to the collection and sale, 

transfer, or disclosure of the consumer’s Covered Information; and 

3. Obtained a signed and dated certification from the recipient of the Covered 

Information stating: 

a. The name and nature of the recipient’s business(es), including the 

purpose(s) for obtaining consumers’ Covered Information; 

b. The recipient’s physical address(es) for conducting business; 

c. All of the recipient’s trade name(s), alter egos, DBA names, fictitious 

names, or aliases under which the recipient conducts or has conducted 

business; 

d. All of the recipient’s businesses licenses, and business registrations; 

e. A description of the recipient’s business, including describing the nature 

of goods or services sold and the nature of sale: 

f. That Covered Information will not be used for any purpose other than the 

specific purpose(s) stated in the required disclosure under Subsection A(1) 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

7 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 8 of 18 

of this Section; and 

g. The identity of each Person with whom the recipient will share the 

Covered Information and all purposes for which each Person will use the 

Covered Information obtained from the recipient; or 

B. Taking any action to provoke, encourage, compel, or mislead any consumer to 

provide Affirmative Express Consent, including: 

1. Requiring Affirmative Express Consent as a condition of use of the 

services on any website owned or operated by Defendants or the opportunity to 

purchase, earn, or qualify for any Reward; or 

2. Obtaining Affirmative Express Consent through a user interface that fails 

to provide a clear option to proceed without providing consent. 

V. MANDATORY DISCLOSURE ON EMPLOYMENT SITES 

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

and attorneys, 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, are permanently 

restrained and enjoined from failing, on all pages of any Lead Generation website related to 

employment that collects Covered Information, to disclose Clearly and Conspicuously and in a 

manner that is visible without scrolling: 

“This site contains a list of third-party job postings and is not affiliated with any 

employer. To apply to a specific job, visit the employer’s website.” 

VI. JUDGMENT FOR CIVIL PENALTY AND PARTIAL SUSPENSION 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of Nine Hundred Thirteen Thousand, Six Hundred and 

Ninety-Six Dollars ($913,696) is entered in favor of Plaintiff against Corporate Defendants, 

jointly and severally, as a civil penalty. 

B. Corporate Defendants are ordered to pay to Plaintiff, by making payment to the 

Treasurer of the United States, One Hundred Fifty Thousand Dollars ($150,000), which, as 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

8 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 9 of 18 

Corporate Defendants stipulate, their undersigned counsel holds in escrow for no purpose other 

than payment to Plaintiff. Such payment must be made within 7 days of entry of this Order by 

electronic fund transfer in accordance with instructions previously provided by a representative 

of Plaintiff. 

C. In the event that the Corporate Defendants fail to make the required payment 

when due under Subsection B above, the entire judgment becomes immediately due in the 

amount specified in Subsection A above, less any partial payment previously made pursuant to 

this Section, plus interest computed from the date of entry of this Order. Upon such payment, 

the remainder of the judgment is suspended, subject to the Subsections below. 

D. The Commission’s and Plaintiff’s agreement to the suspension of part of the 

judgment is expressly premised upon the truthfulness, accuracy, and completeness of Corporate 

Defendants’ sworn financial statements and related documents (collectively, “financial 

representations”) submitted to the Commission, namely: 

1. The Financial Statements of Corporate Defendants Viceroy Media Solutions and 

Voltron Interactive on January 24 and 26, 2023; and 

2. All financial documents submitted by Corporate Defendants to Commission 

Counsel. 

E. The suspension of the judgment will be lifted as to any Corporate Defendant if, 

upon motion by the Commission or Plaintiff, the Court finds that Corporate Defendants 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. 

F. If the suspension of the judgment is lifted, the judgment becomes immediately 

due as to Corporate Defendants in the amount specified in Subsection A above, which the parties 

stipulate only for purposes of this Section represents the amount of the civil penalty for the 

violations alleged in the Complaint, less any payment previously made pursuant to this Section, 

plus interest computed from the date of entry of this Order. 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

9 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 10 of 18 

VII. ADDITIONAL MONETARY PROVISIONS 

IT IS FURTHER ORDERED that: 

A. 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 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. 

C. 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 Bankruptcy Code, 11 U.S.C. § 

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

D. Defendants agree that the civil penalty judgment represents a civil penalty owed 

to the government of the United States, is not compensation for actual pecuniary loss, and, 

therefore, as to the Individual Defendants, it is not subject to discharge under the Bankruptcy 

Code pursuant to 11 U.S.C. § 523(a)(7). 

E. Defendants acknowledge that their Taxpayer Identification Numbers (Social 

Security Numbers or Employer Identification Numbers), which Defendants 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. 

F. All money received by the Commission pursuant to this Order may be deposited 

into a fund administered by the Commission or its designee to be used for consumer relief, such 

as redress and any attendant expenses for the administration of any redress fund. If a 

representative of the Commission decides that direct redress to consumers is wholly or partially 

impracticable or money remains after such redress is completed, the Commission may apply any 

remaining money for such related relief (including consumer information remedies) as it 

determines to be reasonably related to Defendants’ practices alleged in the Complaint. Any 

money not used for relief is to be deposited to the U.S. Treasury as an additional civil penalty. 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

10 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 11 of 18 

Defendants have no right to challenge any actions the Commission or its representatives may 

take pursuant to this Subsection. 

VIII. CUSTOMER INFORMATION 

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

and attorneys, and all other persons in active concert or participation with any of them, who 

receive actual notice of this Order, are permanently restrained and enjoined from directly or 

indirectly: 

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

efficiently administer consumer redress. If a representative of the Commission requests in 

writing any information related to redress, Defendants must provide it, in the form prescribed by 

the Commission, within 14 days; 

B. Within 30 days after receipt of written direction to do so from a representative of 

the Commission, failing to destroy Covered Information in all forms, including the name, 

address, phone number, email address, gender, date of birth, or any survey question responses, 

that are in any Defendant’s possession, custody, or control and was obtained prior to entry of this 

Order in connection with the advertising, marketing, or promotion of any employment 

opportunities, provided, however, that a customer’s information need not be deleted to the extent 

requested by a government agency or as required by a law, regulation, or court order; 

C. For any Covered Information not deleted pursuant to Subsection B of this Section, 

selling, transferring, or disclosing such information to any Person, unless Defendants first 

comply with Section IV and Subsection VIII(F) of this Order; 

D. Within 60 days after the effective date of this Order, failing to: 

1. Identify each Person who has accessed, received, or acquired a consumer’s 

Covered Information from any Defendant without the consumer’s Affirmative 

Express Consent; 

2. Identify with specificity what categories of Covered Information was 

disclosed to each Person identified in Subsection D(1) of this Section; or 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

11 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 12 of 18 

3. Submit a list of the information identified in Subsections D(1)–(2) of this 

Section and a description of the methodologies used to identify that information 

to: DEbrief@ftc.gov or sent by overnight courier (not the U.S. Postal Service) to: 

Associate Director of Enforcement, Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. The 

subject line must begin: “In re Quick-Jobs.com, [X-number]”; 

E. Within 90 days after the effective date of this Order, failing to: 

1. Provide a copy of the Complaint and Order to all Persons identified under 

Subsection (D)(1) of this Section; 

2. Notify each such Person in writing that the Federal Trade Commission 

alleges that Defendants disclosed Covered Information of consumers to them in a 

manner that was unfair or deceptive and in violation of the FTC Act and TSR; 

3. Instruct each such Person in writing that Covered Information accessed, 

received, or acquired from Defendants prior to the effective date of this Order: 

a. Shall not be used for Telemarketing; 

b. To the extent such Person has not yet used the Covered 

Information for Telemarketing, must be destroyed; and 

c. To the extent such Person has used the Covered Information for 

Telemarketing, may be retained by such Person for the sole purpose of 

attempting to comply with state and federal recordkeeping requirements 

applicable to Telemarketing; 

where such instruction shall include a list of names or other unique identifiers 

sufficient for the Person to identify the records, together with the categories of 

Covered Information identified in Subsection D(2) of this Section and demand 

written confirmation that the Person has complied with the requirements of 

Subsection E(3) of this Section; 

4. Provide a copy of the instructions sent under Subsection E(3) of this 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

12 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 13 of 18 

Section 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: “In re Quick-Jobs.com, [X-number]”; or 

5. Provide, within 5 days of receipt, each written confirmation under 

Subsection E(3) of this Section 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: “In re Quick-Jobs.com, [Xnumber]”; or 

F. Selling, transferring, or disclosing Covered Information to any Person identified 

in Subsection D(1) of this Section unless Defendants have first: 

1. Confirmed the Person’s receipt of the instructions provided under 

Subsection E(3); 

2. Received from the Person a written confirmation of compliance with those 

instructions; and 

3. Complied with Section X of this Order. 

IX. COOPERATION 

IT IS FURTHER ORDERED that Defendants must fully cooperate with representatives 

of Plaintiff and the Commission 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. Individual Defendants must 

appear and Corporate Defendants “must cause Defendants’ officers, employees, representatives, 

or agents to appear” for interviews, discovery, hearings, trials, and any other proceedings that a 

Plaintiff or Commission representative may reasonably request upon 5 days written notice, or 

other reasonable notice, at such places and times as a Plaintiff or Commission representative may 

designate, without the service of a subpoena. 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

13 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 14 of 18 

X. ORDER ACKNOWLEDGMENTS 

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

Order: 

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

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

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

that such Defendant, individually or collectively with any other Defendant, 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 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. 

XI. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendants make timely submissions to the 

Commission: 

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

report, sworn under penalty of perjury: 

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 Commission and Plaintiff 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) 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

14 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 15 of 18 

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 Commission. 

2. Additionally, Individual Defendants 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. 

2. Additionally, Individual Defendants 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, 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

15 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 16 of 18 

and any Internet address of the business or entity. 

C. Each Defendant must submit to the Commission 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 Commission 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 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, Federal Trade Commission, 600 Pennsylvania Avenue NW, 

Washington, DC 20580. The subject line must begin: FTC v. Quick-Jobs.com, Matter No. 

2123088. 

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 5 years. Specifically, Corporate 

Defendants 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, whether received directly or indirectly, such 

as through a third party, and any response; 

D. All documents reflecting Affirmative Express Consent collected as required under 

Subsection IV(A)(1), including: 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

16 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 17 of 18 

1. The name and contact information submitted by the person providing Affirmative 

Express Consent; 

2. A copy of the public-facing user interface containing the request for Affirmative 

Express Consent, including all required disclosures, maintained in the same manner and 

format in which it would be presented to the person providing the Affirmative Express 

Consent; 

3. The purpose for which Affirmative Express Consent was requested and obtained; 

4. All information gathered or collected from the person providing Affirmative 

Express Consent; 

5. The date that the Affirmative Express Consent was obtained; and 

6. Any additional information necessary to establish Defendants’ compliance with 

requirements for Affirmative Express Consent, as defined in this Order; 

E. All certifications obtained as required under Subsection IV(A)(2); 

F. All written confirmations obtained under Subsection VIII(E)(3); 

G. All records of any market, behavioral, or psychological research, or user, 

customer, or usability testing, including any A/B or multivariate testing, copy 

testing, surveys, focus groups, interviews, clickstream analysis, eye or mouse 

tracking studies, heat maps, or session replays or recordings concerning the 

subject matter of this Order; and 

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

Order, including all submissions to the Commission. 

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 

Plaintiff, each Defendant must: submit additional compliance reports or other requested 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

17 
 

 1 

 2 

 3 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 25 

 26 

 27 

 28 

Case 3:23-cv-03516-JCS Document 10 Filed 07/17/23 Page 18 of 18 

information, which must be sworn under penalty of perjury; appear for depositions; and produce 

documents for inspection and copying. The Commission and Plaintiff 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 Commission and Plaintiff are authorized to 

communicate directly with each Defendant. Defendant must permit representatives of the 

Commission and Plaintiff 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 Commission and Plaintiff 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 Commission’s lawful use of compulsory process, 

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

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. 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

Date: July 17, 2023 ______________________________ 

Hon. Joseph C. Spero 

United States Magistrate Judge 

Northern District of California 

STIPULATED ORDER FOR CIVIL PENALTY JUDGMENT, PERMANENT INJUNCTION, 

AND OTHER RELIEF 

18