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172-3028

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Joseph J. Simons, Chairman

Noah Joshua Phillips 

Rohit Chopra

Rebecca Kelly Slaughter 

Christine S. Wilson

In the Matter of

URTHBOX, INC., a corporation, et al.

DECISION AND ORDER 

DOCKET NO. C-4676

DECISION

The Federal Trade Commission (“Commission”) initiated an investigation of certain acts and 

practices of the Respondents named herein. The Commission’s Bureau of Consumer Protection 

(“BCP”) prepared and furnished to Respondents a draft Complaint. BCP proposed to present the 

draft Complaint to the Commission for its consideration. If issued by the Commission, the draft 

Complaint would charge the Respondents with violations of the Federal Trade Commission Act, 

15 U.S.C. § 45, and the Restore Online Shoppers’ Confidence Act (“ROSCA”), 15 U.S.C. § 

8403.

Respondents and BCP thereafter executed an Agreement Containing Consent Order 

(“Consent Agreement”). The Consent Agreement includes: 1) statements by Respondents that 

they neither admit nor deny any of the allegations in the Complaint, except as specifically stated 

in this Decision and Order, and that only for purposes of this action, they admit the facts 

necessary to establish jurisdiction; and 2) waivers and other provisions as required by the 

Commission’s Rules.

The Commission considered the matter and determined that it had reason to believe that 

Respondents have violated the said acts, and that a Complaint should issue stating its charges in 

that respect. The Commission accepted the executed Consent Agreement and placed it on the 

public record for a period of 30 days for the receipt and consideration of public comments. 

Now, in further conformity with the procedure prescribed in Rule 2.34, the Commission issues 

its Complaint, makes the following Findings, and issues the following Order:
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Findings

1. The Respondents are:

a. Respondent UrthBox, Inc., a California corporation with its principal office or place 

of business at 535 Mission Street, Suite 1820, San Francisco, California 94105.

b. Respondent Behnam Behrouzi, an officer of the Proposed Corporate Respondent, 

UrthBox, Inc. Individually or in concert with others, he formulates, directs, or 

controls the policies, acts, or practices of UrthBox, Inc. His principal office or place 

of business is the same as that of UrthBox, Inc.

2. The Commission has jurisdiction over the subject matter of this proceeding and over the 

Respondents, and the proceeding is in the public interest.

ORDER

Definitions

For purposes of this Order, the following definitions apply:

A. “Billing Information” means any data that enables any person to access a customer’s 

account, such as a credit card, checking, savings, share or similar account, utility bill, 

mortgage loan account, or debit card.

B. “Charge,” “Charged,” or “Charging” means any attempt to collect money or other 

consideration from a consumer, including but not limited to causing Billing Information 

to be submitted for payment, including against the consumer’s credit card, debit card, 

bank account, telephone bill, or other account.

C. “Clearly and Conspicuously” 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 (“triggering representation”) is made through 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
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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 triggering representation 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 with, 

anything else in the communication.

8. 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.

D. “Negative Option Feature” means, in an offer or agreement to sell or provide any good or 

service, a provision under which the consumer’s silence or failure to take affirmative 

action to reject a good or service or to cancel the agreement is interpreted by the seller or 

provider as acceptance or continuing acceptance of the offer.

E. “Respondents” means the Corporate Respondent and the Individual Respondent, 

individually, collectively, or in any combination.

1. “Corporate Respondent” means UrthBox, Inc., a corporation, and its successors and 

assigns.

2. “Individual Respondent” means Behnam Behrouzi.

F. “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 Telemarketing Sales Rule, 16 C.F.R. Part 

310.

G. “Unexpected Material Connection” means any relationship that might materially affect 

the weight or credibility of a testimonial or endorsement and that would not reasonably 

be expected by consumers.
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Provisions

I. Prohibited Misrepresentations Regarding Endorsements

IT IS ORDERED that Respondents, and Respondents’ 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, in connection with the 

advertising, promotion, offering for sale, or sale of any good or service, must not misrepresent, 

or assist others in misrepresenting, expressly or by implication, that an endorser of such good or 

service is an independent user or ordinary consumer of the good or service.

Compliance with this Provision is separate from, and in addition to, the disclosures required by 

Provisions III, VI, and VII, infra.

II. Prohibited Misrepresentations of Good or Service with Negative Option Feature 

IT IS FURTHER ORDERED that Respondents, and Respondents’ 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, in connection 

with the advertising, promotion, offering for sale, or sale of any good or service with a Negative 

Option Feature, must not misrepresent, or assist others in misrepresenting, expressly or by 

implication:

A. Any cost to the consumer to purchase, receive, use, or return the initial good orservice;

B. That the consumer will not be Charged for any good or service;

C. That a good or service is offered on a “free,” “trial,” “sample,” “bonus,” “gift,” “no 

obligation,” “discounted” basis, or words of similar import, denoting or implying the 

absence of an obligation on the part of the recipient of the offer to affirmatively act in 

order to avoid Charges, including where a Charge will be assessed pursuant to the offer 

unless the consumer takes affirmative steps to prevent or stop such a Charge;

D. That the consumer can obtain a good or service for a processing, service,shipping, 

handling, or administrative fee with no further obligation;

E. The purpose(s) for which the consumer’s Billing Information will be used;

F. The date, timing, or manner by which the consumer will incur any obligation or be 

charged unless the consumer takes an affirmative action on the Negative Option Feature;

G. That a transaction has been authorized by the consumer; or
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H. Any other fact material to the consumer concerning any good or service, such as any 

material aspect of the nature or terms of a refund, cancellation, exchange, or repurchase 

policy for the good or service.

Compliance with this Provision is separate from, and in addition to, the disclosures required by 

Provisions III, VI, and VII, infra.

III. Required Disclosures Relating to Unexpected Material Connections 

IT IS FURTHER ORDERED that Respondents and Respondents’ 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, in connection 

with the advertising, promotion, offering for sale, or sale of any good or service, must not make 

any representation, expressly or by implication, about any consumer, reviewer, or other endorser 

of such good or service without disclosing, Clearly and Conspicuously, and in close proximity to 

that representation, any Unexpected Material Connection between such endorser and (1) any 

Respondent; (2) any other individual or entity affiliated with the good or service; or (3) the good 

or service.

IV. Required Removal of Demonstrations, Reviews, and Endorsements 

IT IS FURTHER ORDERED that Respondents must, within thirty days of the date of

service of this order, take all reasonable steps to remove any demonstration, review, or 

endorsement, by an endorser with a Material Connection to any Respondent, of any good or 

service currently viewable by the public that does not comply with Provisions I and III.

V. Required Monitoring of Endorsers

IS FURTHER ORDERED that Respondents, and Respondents’ 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, in connection with the 

advertising, promotion, offering for sale, or sale of any good or service by means of an 

endorsement by an endorser with a Material Connection to (1) any Respondent; (2) any other 

individual or entity affiliated with the good or service; or (3) the good or service, must take steps 

sufficient to ensure compliance with Provisions I and III. Such steps shall include, at a 

minimum:

A. Providing each such endorser with a clear statement of his or her responsibilities to 

disclose Clearly and Conspicuously, and in close proximity to the endorsement, in any 

review, online video, social media posting, or other communication endorsing the good 

or service, the endorser’s Unexpected Material Connection to any Respondent, any other 

individual or entity affiliated with the good or service, or the good or service; and 

obtaining from each such endorser a signed and dated statement acknowledging receipt of 

that statement and expressly agreeing to comply with it. For the purpose of this 

subsection, the term “signed” may include a verifiable electronic or digital form of 

signature, to the extent that such form of signature is recognized as a valid signature 

under applicable federal law or state contract law;
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B. Establishing, implementing, and thereafter maintaining a system to monitor and review 

the representations and disclosures of endorsers with any Material Connection to any 

Respondent, any other individual or entity affiliated with the good or service, or the good 

or service, to ensure compliance with Provisions I and III. The system shall include, at a 

minimum, monitoring and reviewing the endorsers’ reviews, online videos and social 

media postings; and

C. Creating reports showing the results of the monitoring required by Provision V.B.

VI. Required Disclosures Relating To Negative Option Features

IT IS FURTHER ORDERED that Respondents and Respondents’ 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, in connection 

with the advertising, promotion, offering for sale, or sale of any good or service with a Negative 

Option Feature, must not:

A. Represent, expressly or by implication, that any good or service that includes a Negative 

Option Feature is being offered on a free, trial, no obligation, reduced, or discounted 

basis, without disclosing Clearly and Conspicuously, and immediately adjacent to, any 

such representation:

1. The extent to which the consumer must take affirmative action(s) to avoid any 

Charges: a) for the offered good or service, b) of an increased amount after the trial 

or promotional period ends, and c) on a recurring basis;

2. The total cost (or range of costs) the consumer will be Charged and, if applicable, the 

frequency of such Charges unless the consumer timely takes steps to prevent or stop 

such Charges; and

3. The deadline(s) (by date or frequency) by which the consumer must affirmatively act 

in order to stop all recurring Charges.

B. Obtain Billing Information from a consumer for any transaction involving a good or 

service that includes a Negative Option Feature, without first disclosing Clearly and 

Conspicuously, and immediately adjacent to where a consumer provides Billing 

Information:

1. The extent to which the consumer must take affirmative action(s) to avoid any 

Charges: a) for the offered good or service, b) of an increased amount after the trial 

or promotional period ends, and c) on a recurring basis;

2. The total cost (or range of costs) the consumer will be Charged, the date the initial 

Charge will be submitted for payment, and, if applicable, the frequency of such 

Charges unless the consumer timely takes affirmative steps to prevent or stop such 

Charges;
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3. The deadline(s) (by date or frequency) by which the consumer must affirmatively act 

in order to stop all recurring Charges;

4. The name of the seller or provider of the good or service and, if the name of the seller 

or provider will not appear on billing statements, the billing descriptor that will 

appear on such statements;

5. A description of the good or service;

6. Any Charge or cost for which the consumer is responsible in connection with the 

cancellation of an order or the return of a good; and

7. The simple cancellation mechanism to stop any recurring Charges, as required by 

Provision VIII.

C. Fail to send the consumer:

1. Immediately after the consumer’s submission of an online order, written confirmation 

of the transaction by email. The email must Clearly and Conspicuously disclose all 

the information required by Provision VI.B, and contain a subject line reading “Order 

Confirmation” along with the name of the good or service, and no additional 

information; or

2. Within two (2) days after receipt of the consumer’s order by mail or telephone, a 

written confirmation of the transaction, either by email or first class mail. The email 

or letter must Clearly and Conspicuously disclose all the information required by 

Provision VI.B. The subject line of the email must Clearly and Conspicuously state 

“Order Confirmation” along with the name of the good or service, and nothing else. 

The outside of the envelope must Clearly and Conspicuously state “Order 

Confirmation” along with the name of the good or service, and no additional 

information other than the consumer’s address, the Respondent’s return address, and 

postage.

VII. Obtaining Express Informed Consent

IT IS FURTHER ORDERED that Respondents, and Respondents’ 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, in connection 

with the advertising, promotion, offering for sale, or sale of any good or service with a Negative 

Option Feature, must not use, or assist others in using, Billing Information to obtain payment 

from a consumer, unless Respondents first obtain the express informed consent of the consumer 

to do so. To obtain express informed consent, Respondents must:
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A. For all written offers (including over the Internet or other web-based applications or 

services), obtain consent through a check box, signature, or other substantially similar 

method, which the consumer must affirmatively select or sign to accept the Negative 

Option Feature, and no other portion of the offer. Respondents shall disclose Clearly and 

Conspicuously, and immediately adjacent to such check box, signature, or substantially 

similar method of affirmative consent, only the following, with no additional 

information:

1. The extent to which the consumer must take affirmative action(s) to avoid any 

Charges: a) for the offered good or service, b) of an increased amount after the trial 

or promotional period ends, and c) on a recurring basis;

2. The total cost (or range of costs) the consumer will be Charged and, if applicable, the 

frequency of such Charges unless the consumer timely takes affirmative steps to 

prevent or stop such Charges; and

3. The deadline(s) (by date or frequency) by which the consumer must affirmatively act 

in order to stop all recurring Charges.

B. For all oral offers, prior to obtaining any Billing Information from the consumer:

1. Clearly and Conspicuously disclose the information contained in Provision VI.B; and

2. Obtain affirmative unambiguous express oral confirmation that the consumer: a) 

consents to being Charged for any good or service, including providing, at a 

minimum, the last four (4) digits of the consumer’s account number to be Charged, b) 

understands that the transaction includes a Negative Option Feature, and c) 

understands the specific affirmative steps the consumer must take to prevent or stop 

further Charges.

For transactions conducted through Telemarketing, Respondents shall maintain for three (3) 

years from the date of each transaction an unedited voice recording of the entire transaction, 

including the prescribed statements set out in Provision VII.B. Each recording must be 

retrievable by date and by the consumer’s name, telephone number, or Billing Information, and 

must be provided upon request to the consumer, the consumer’s bank, or any law enforcement 

entity.

VIII. Simple Mechanism To Cancel Negative Option Feature

IT IS FURTHER ORDERED that Respondents, and Respondents’ 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, in connection 

with the advertising, promotion, offering for sale, or sale of any good or service with a Negative 

Option Feature, must provide a simple mechanism for the consumer to: (1) avoid being 

Charged, or Charged an increased amount, for the good or service and (2) immediately stop any 

recurring Charges. Such mechanism must not be difficult, costly, confusing, or time consuming,
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and must be at least as simple as the mechanism the consumer used to initiate the Charge(s). In 

addition:

A. For consumers who entered into the agreement to purchase a good or service including a 

Negative Option Feature over the Internet or through other web-based applications or 

services, Respondents must provide a mechanism, accessible over the Internet or through 

such other web-based application or service that consumers can easily use to cancel the 

good or service and to immediately stop all further Charges.

B. For consumers who entered into the agreement to purchase a good or service including a 

Negative Option Feature through an oral offer and acceptance, Respondents must 

maintain a telephone number and a postal address that consumers can easily use to cancel 

the good or service and to immediately stop all further Charges. Respondents must 

assure that all calls to this telephone number shall be answered during normal business 

hours and that mail to the postal address is retrieved regularly.

IX. Monetary Relief 

IT IS FURTHER ORDERED that:

A. Respondent UrthBox, Inc. must pay to the Commission $100,000, which Respondent 

UrthBox, Inc. stipulates its undersigned counsel holds in escrow for no purpose other

than payment to the Commission.

B. Such payment must be made within 8 days of the effective date of this Order by 

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

the Commission.

X. Additional Monetary Provisions 

IT IS FURTHER ORDERED that:

A. Respondents 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 to enforce its rights to any 

payment 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 

or on behalf of 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.
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D. All money paid to the Commission pursuant to this Order may be deposited into a fund 

administered by the Commission or its designee to be used for relief, including consumer 

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 redress is completed, the Commission may 

apply any remaining money for such other relief (including consumer information 

remedies) as it determines to be reasonably related to Respondents’ practices alleged in 

the Complaint. Any money not used is to be deposited to the U.S. Treasury.

Respondents have no right to challenge any activities pursuant to this Provision.

E. In the event of default on any obligation to make payment under this Order, interest, 

computed as if pursuant to 28 U.S.C. § 1961(a), shall accrue from the date of default to 

the date of payment. In the event such default continues for 10 days beyond the date that 

payment is due, the entire amount will immediately become due and payable.

F. Each day of nonpayment is a violation through continuing failure to obey or neglect to 

obey a final order of the Commission and thus will be deemed a separate offense and 

violation for which a civil penalty shall accrue.

G. Respondents acknowledge that their Taxpayer Identification Numbers (Social Security or 

Employer Identification Numbers), which Respondents have previously submitted to the 

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

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

XI. Customer Information

IT IS FURTHER ORDERED that Respondents must directly or indirectly provide 

sufficient customer information to enable the Commission to efficiently administer consumer 

redress. Respondents represent that they have provided this redress information to the 

Commission. If a representative of the Commission requests in writing any information related 

to redress, Respondents must provide it, in the form prescribed by the Commission 

representative, within 14 days.

XII. Acknowledgments of the Order

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

Order:

A. Each Respondent, within 10 days after the effective date of this Order, must submit to the 

Commission an acknowledgment of receipt of this Order sworn under penalty of perjury.
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B. For 3 years after the issuance date of this Order, the Individual Respondent for any 

business that he, individually or collectively with any other Respondents, is the majority 

owner or controls directly or indirectly, and the Corporate Respondent, 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 Provision titled Compliance Reports and Notices. 

Delivery must occur within 10 days after the effective date 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 Respondent delivered a copy of this Order, that 

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

of this Order.

XIII. Compliance Reports and Notices

IT IS FURTHER ORDERED that Respondents make timely submissions to the 

Commission:

A. One year after the issuance date of this Order, each Respondent must submit a 

compliance report, sworn under penalty of perjury, in which:

1. Each Respondent must: (a) identify 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 Respondent; (b) identify all of that 

Respondent’s businesses by all of their names, telephone numbers, and physical, 

postal, email, and Internet addresses; (c) describe the activities of each business, 

including the goods and services offered, the means of advertising, marketing, and 

sales, and the involvement of any other Respondent (which Individual Respondent

must describe if he knows or should know due to his own involvement); (d) 

describe in detail whether and how that Respondent is in compliance with each 

Provision of this Order, including a discussion of all of the changes the Respondent 

made to comply with the Order; and (e) provide a copy of each Acknowledgment of 

the Order obtained pursuant to this Order, unless previously submitted to the 

Commission.

2. Additionally, the Individual Respondent must: (a) identify all his telephone numbers 

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

identify all his business activities, including any business for which such Respondent 

performs services whether as an employee or otherwise and any entity in which such 

Respondent has any ownership interest; and (c) describe in detail such Respondent’s 

involvement in each such business activity, including title, role, responsibilities, 

participation, authority, control, and any ownership.
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B. For 10 years after the issuance date of this Order, each Respondent must submit a 

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

following:

1. Each Respondent must submit notice of any change in: (a) any designated point of 

contact; or (b) the structure of the Corporate Respondent or any entity that 

Respondent 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 engagesin 

any acts or practices subject to this Order.

2. Additionally, the Individual Respondent must submit notice of any change in: (a) 

name, including alias or fictitious name, or residence address; or (b) title or role in 

any business activity, including (i) any business for which such Respondent performs 

services whether as an employee or otherwise and (ii) any entity in which such 

Respondent has any ownership interest and over which Respondents have direct or 

indirect control. For each such business activity, also identify its name, physical 

address, and any Internet address.

C. Each Respondent must submit notice of the filing of any bankruptcy petition, insolvency 

proceeding, or similar proceeding by or against such Respondent 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: In re UrthBox, Inc.

XIV. Recordkeeping

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

after the issuance date of the Order, and retain each such record for 5 years, unless otherwise 

specified below. Specifically, Corporate Respondent and Individual Respondent for any 

business that such Respondent, individually or collectively with any other Respondents, is a 

majority owner or controls directly or indirectly, must create and retain the following records:

A. accounting records showing the revenues from all goods or services sold;
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B. personnel records showing, for each person providing services in relation to any aspect of 

the Order, 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. copies or records of all consumer complaints and refund requests, whether received 

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

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

including all submissions to the Commission; and

E. a copy of each unique advertisement or other marketing material making a representation 

subject to this Order.

XV. Compliance Monitoring

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

with this Order:

A. Within 10 days of receipt of a written request from a representative of the Commission, 

each Respondent must: submit additional compliance reports or other requested 

information, which must be sworn under penalty of perjury, and produce records for 

inspection and copying.

B. For matters concerning this Order, representatives of the Commission are authorized to 

communicate directly with each Respondent. Respondents must permit representatives 

of the Commission to interview anyone affiliated with any Respondent who has agreed to 

such an interview. The interviewee may have counsel present.

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

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

any individual or entity affiliated with Respondents, 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.

XVI. Order Effective Dates

IT IS FURTHER ORDERED that this Order is final and effective upon the date of its 

publication on the Commission’s website (ftc.gov) as a final order. This Order will terminate on 

May 14, 2039, or 20 years from the most recent date that the United States or the Commission 

files a complaint (with or without an accompanying settlement) in federal court alleging any 

violation of this Order, whichever comes later; provided, however, that the filing of such a 

complaint will not affect the duration of:
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A. Any Provision in this Order that terminates in less than 20 years;

B. This Order’s application to any Respondent that is not named as a defendant in such 

complaint; and

C. This Order if such complaint is filed after the Order has terminated pursuant to this 

Provision.

Provided, further, that if such complaint is dismissed or a federal court rules that the Respondent 

did not violate any provision of the Order, and the dismissal or ruling is either not appealed or 

upheld on appeal, then the Order will terminate according to this Provision as though the 

complaint had never been filed, except that the Order will not terminate between the date such 

complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date 

such dismissal or ruling is upheld on appeal.

By the Commission.

April J. Tabor

Acting Secretary

SEAL:

 ISSUED: May 14, 2019