Case 8:23-cv-01575-MSS-JSS Document 3 Filed 07/14/23 Page 1 of 3 PageID 30 

UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF FLORIDA 

TAMPA DIVISION 

UNITED STATES OF AMERICA, Case No. 8:23-cv-1575 

Plaintiff, 

JOINT MOTION FOR 

v. ENTRY OF PROPOSED 

STIPULATED ORDER 

YODEL TECHNOLOGIES, LLC, a 

limited liability company, also d/b/a Yodel 

Technology Services; and 

ROBERT W. PULSIPHER, individually 

and as an officer of Yodel Technologies, 

LLC, 

Defendants. 

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

authorization to the Attorney General by the Federal Trade Commission, filed a 

Complaint for Permanent Injunction, Civil Penalties, and Other Relief. Plaintiff and 

Defendants, Yodel Technologies, LLC, and Robert W. Pulsipher, have resolved all 

issues in this matter through Exhibit 1, the proposed Stipulated Order for Permanent 

Injunction, Civil Penalty Judgment, and Other Relief. The Commission’s Reasons 

for Settlement are attached as Exhibit 2. In light of the agreed-upon resolution for 

this action, the parties request that the Court enter the attached Stipulated Order. 
 

 

 

 

 

 

Case 8:23-cv-01575-MSS-JSS Document 3 Filed 07/14/23 Page 2 of 3 PageID 31 

Dated: July 14, 2023 

FOR DEFENDANTS: 

/s/ Helen Mac Murray 

HELEN MAC MURRAY 

Mac Murray & Shuster LLP 

6525 West Campus Oval Suite 210 

New Albany, OH 43235 

hmacmurray@mslawgroup.com 

Counsel for Defendants 

Yodel Technologies, LLC, and 

Robert W. Pulsipher 

Respectfully submitted, 

FOR THE UNITED STATES OF 

AMERICA: 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney 

General Civil Division 

ARUN G. RAO 

Deputy Assistant Attorney General 

AMANDA N. LISKAMM 

Director 

Consumer Protection Branch 

RACHAEL L. DOUD 

Assistant Director 

Consumer Protection Branch 

/s/ Zachary L. Cowan 

ZACHARY L. COWAN (NCBN 53432) 

Trial Attorney 

Consumer Protection Branch 

U.S. Department of Justice 

450 5th Street, N.W. 

Washington, D.C. 20530 

Tel: 202-353-7728 

Fax: 202-514-8742 

Zachary.L.Cowan@usdoj.gov 

2 
 

 

Case 8:23-cv-01575-MSS-JSS Document 3 Filed 07/14/23 Page 3 of 3 PageID 32 

ROGER B. HANDBERG 

United States Attorney 

Middle District of Florida 

LACY R. HARWELL, JR. 

(Florida Bar No. 714623) 

Assistant United States Attorney 

Middle District of Florida 

400 North Tampa Street, Suite 3200 

Tampa, FL 33602 

Phone: (813) 301-3008 

Fax: (813) 274-6358 

Randy.Harwell@usdoj.gov 

Of Counsel: 

JASON C. MOON 

JOHN R. O’GORMAN 

Attorneys 

Federal Trade Commission 

1999 Bryan Street, Suite 2150 

Dallas, TX 75201 

Local Rule 3.01(g) Certification 

I hereby certify that the undersigned conferred with counsel for Defendants, 

and the parties agree on the resolution of the Joint Motion under the terms provided 

under the proposed Stipulated Order. 

/s/ Zachary L. Cowan 

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Case 8:23-cv-01575-MSS-JSS Document 3-1 Filed 07/14/23 Page 1 of 12 PageID 33 

UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF FLORIDA 

UNITED STATES OF AMERICA,

 Plaintiff, 

v. 

YODEL TECHNOLOGIES, LLC, a limited liability 

company, and 

ROBERT PULSIPHER, individually and as an 

officer of Yodel Technologies LLC, 

Defendants. 

Case No. ____________ 8:23-cv-1575

STIPULATED ORDER FOR 

PERMANENT INJUNCTION, CIVIL 

PENALTY JUDGMENT, AND 

OTHER RELIEF 

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

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

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

pursuant to Sections 5(a), 5(m)(1)(A), 13(b), 16(a)(1) and 19 of the Federal Trade Commission 

Act (“FTC Act”), 15 U.S.C. §§ 45(a), 45(m)(1)(A), 53(b), 56(a)(1) and 57b; and Section 6 of the 

Telemarketing and Consumer Fraud and Abuse Prevention Act (the “Telemarketing Act”), 15 

U.S.C. § 6105; and the FTC’s Telemarketing Sales Rule (“TSR”), 16 C.F.R. Part 310. 

Defendants have waived service of the summons and the Complaint. Plaintiff and Defendants 

stipulate to the entry of this Stipulated Order for Permanent Injunction, Civil Penalty Judgment, 

and Other Relief (“Order”) to resolve all matters in dispute in this action between them. 

THEREFORE, IT IS ORDERED as follows: 

FINDINGS 

1. This Court has jurisdiction over this matter. 

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

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Case 8:23-cv-01575-MSS-JSS Document 3-1 Filed 07/14/23 Page 2 of 12 PageID 34 

violation of the FTC’s Telemarketing Sales Rule (the “TSR” or “Rule”), as amended, 16 C.F.R. 

Part 310, by (a) placing telemarketing calls to consumers that delivered prerecorded messages; 

and (b) placing telemarketing calls to consumers whose telephone numbers were on the National 

Do Not Call (“DNC”) Registry. 

3. Defendants neither admit nor deny any of the allegations in the Complaint, except 

as specifically stated in this Order. Only for purposes of this action, Defendants admit the facts 

necessary to establish jurisdiction. 

4. 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. 

5. Defendants waive all rights to appeal or otherwise challenge or contest the 

validity of this Order. 

DEFINITIONS 

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

A. “Defendants” means the Individual Defendant and the Corporate Defendant, 

individually, collectively, or in any combination. 

1. “Corporate Defendant” means Yodel Technologies LLC and its 

successors and assigns. 

2. “Individual Defendant” means Robert Pulsipher. 

B. “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, whether or not covered by the Telemarketing Sales Rule. This definition includes 

outbound calls and inbound calls. 

2 
A. 

B. 

C. 

Case 8:23-cv-01575-MSS-JSS Document 3-1 Filed 07/14/23 Page 3 of 12 PageID 35 

ORDER 

I. BAN ON TELEMARKETING 

IT IS ORDERED that Defendants are permanently restrained and enjoined from 

participating in Telemarketing, whether directly or through an intermediary. 

II. MONETARY JUDGMENT FOR CIVIL PENALTY AND 

PARTIAL SUSPENSION 

IT IS FURTHER ORDERED that: 

Judgment in the amount of One Million Dollars ($1,000,000) is entered in favor 

of Plaintiff against Defendants, jointly and severally, as a civil penalty. 

Defendants are ordered to pay to Plaintiff, by making payment to the Treasurer of 

the United States, Four Hundred Thousand Dollars ($400,000), which, as 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. Upon such 

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

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 

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

Representations”) submitted to the Commission, namely: 

1. the Financial Statement of Individual Defendant Robert William Pulsipher 

signed on November 28, 2022, including the attachments; 

2. the Financial Statement of Corporate Defendant Yodel Technologies, LLC 

signed by Robert William Pulsipher, Chief Operating Officer, on November 18, 2022, 

including the attachments; and 

3 
 

D. 

E. 

A. 

B. 

C. 

D. 

Case 8:23-cv-01575-MSS-JSS Document 3-1 Filed 07/14/23 Page 4 of 12 PageID 36 

3. The Declaration of Robert William Pulsipher Pursuant to 28 U.S.C. 

§ 1746, signed by Robert William Pulsipher on March 16, 2023, including the exhibits. 

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

by the Commission or Plaintiff, the Court finds that Defendant failed to disclose any material 

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

omission in the Financial Representations identified above. 

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

due as to that Defendant 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. 

III. ADDITIONAL MONETARY PROVISIONS 

IT IS FURTHER ORDERED that: 

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. 

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. 

Individual Defendant agrees that the judgment represents a civil penalty owed to 

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

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

pursuant to 11 U.S.C. § 523(a)(7). 

Defendants acknowledge that their Taxpayer Identification Numbers (Social 

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Case 8:23-cv-01575-MSS-JSS Document 3-1 Filed 07/14/23 Page 5 of 12 PageID 37 

Security Numbers or Employer Identification Numbers) may be used for collecting and reporting 

on any delinquent amount arising out of this Order, in accordance with 31 U.S.C. §7701. 

IV. CUSTOMER INFORMATION 

IT IS FURTHER ORDERED that Defendants are permanently restrained and enjoined 

from directly or indirectly: 

A. Disclosing, using, or receiving any benefit from customer or prospective customer 

information, including the name, address, telephone number, email address, social security 

number, other identifying information, or any data that enables access to a customer’s or 

prospective customer’s account (including a credit card, bank account, or other financial 

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

telemarketing; and 

B. Failing to destroy such customer information in all forms in their possession, 

custody, or control within 30 days after entry of this Order. 

V. 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 Defendant must 

appear, and Corporate Defendant must cause Corporate Defendant’s 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. 

5 
A. 

B. 

C. 

A. 

Case 8:23-cv-01575-MSS-JSS Document 3-1 Filed 07/14/23 Page 6 of 12 PageID 38 

VI. ORDER ACKNOWLEDGMENTS 

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

Order: 

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. 

For 5 years after entry of this Order, Individual Defendant for any business that 

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

controls directly or indirectly, and 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 Telemarketing and all agents and representatives who participate 

in Telemarketing; 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. 

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. 

VII. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendants make timely submissions to the 

Commission: 

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

report, sworn under penalty of perjury: 

6 
B. 

Case 8:23-cv-01575-MSS-JSS Document 3-1 Filed 07/14/23 Page 7 of 12 PageID 39 

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 or 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) 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 Defendant 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 Defendant must: (a) identify all telephone 

numbers and all physical, postal, email and Internet addresses, including all residences; 

(b) identify all business activities, including any business for which such Defendant 

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

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

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

authority, control, and any ownership. 

For 15 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 Corporate Defendant or any entity that Defendant has any 

ownership interest in or controls directly or indirectly that may affect compliance 

7 
C. 

D. 

E. 

Case 8:23-cv-01575-MSS-JSS Document 3-1 Filed 07/14/23 Page 8 of 12 PageID 40 

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 Defendant must report any change in: (a) name, 

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

business activity, including any business for which such Defendant performs services 

whether as an employee or otherwise and any entity in which such Defendant has any 

ownership interest, and identify the name, physical address, and any Internet address of 

the business or entity. 

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. 

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. 

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. Yodel Technologies LLC, et al, 

Matter No. 2123074. 

8 
A. 

B. 

C. 

D. 

E. 

Case 8:23-cv-01575-MSS-JSS Document 3-1 Filed 07/14/23 Page 9 of 12 PageID 41 

VIII. RECORDKEEPING 

IT IS FURTHER ORDERED that Defendants must create certain records for 15 years 

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

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

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

must create and retain the following records: 

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

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; 

Records of all consumer complaints and refund requests, whether received 

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

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

Order, including all submissions to the Commission; and 

A copy of each unique advertisement or other marketing material. 

IX. COMPLIANCE MONITORING 

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

with this Order 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 

Commission or Plaintiff, each Defendant must submit additional compliance reports or other 

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

and produce documents for inspection and copying. The Commission and Plaintiff are also 

authorized to obtain discovery, without further leave of court, using any of the procedures 

9 
_______________________________ 

Case 8:23-cv-01575-MSS-JSS Document 3-1 Filed 07/14/23 Page 10 of 12 PageID 42 

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. 

D. Upon written request from a representative of the Commission or Plaintiff, any 

consumer reporting agency must furnish consumer reports concerning Individual Defendant, 

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

X. RETENTION OF JURISDICTION 

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

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

SO ORDERED this day of , 202__. 

UNITED STATES DISTRICT JUDGE 

10 
 

 

Case 8:23-cv-01575-MSS-JSS Document 3-1 Filed 07/14/23 Page 11 of 12 PageID 43 

FOR THE UNITED STATES OF AMERICA: 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General Civil 

Division 

ARUN G. RAO 

Deputy Assistant Attorney General 

AMANDA N. LISKAMM 

Director 

Consumer Protection Branch 

RACHAEL L. DOUD 

Assistant Director 

Consumer Protection Branch 

/s/ Zachary L. Cowan 

ZACHARY L. COWAN (NCBN 53432) 

Trial Attorney 

Consumer Protection Branch 

U.S. Department of Justice 

450 5th Street, N.W. 

Washington, D.C. 20530 

Tel: 202-353-7728 

Fax: 202-514-8742 

Zachary.L.Cowan@usdoj.gov 

ROGER B. HANDBERG 

United States Attorney 

Middle District of Florida 

LACY R. HARWELL, JR. 

(Florida Bar No. 714623) 

Assistant United States Attorney 

Middle District of Florida 

400 North Tampa Street, Suite 3200 

Tampa, FL 33602 

Phone: (813) 301-3008 

Fax: (813) 274-6358 

Randy.Harwell@usdoj.gov 

Date: 7/13/2023

11 
FEDERAL TRADE COMMISSION 

C.MOON 

N R. O'GORMAN 

omeys 

EDERAL TRADE COMMISSION 

1999 Bryan St., Suite 2150 

Dallas, TX 7 520 I 

FOR DEFENDANTS: 

Date: 

Y~ ':Wlru.., 'n~ Date: ____ 0 ___ 5/ ___ 03 ......... /2 _____ 0___ 23 _______ _ 

COUNSEL FOR YODEtfrECHNOLOGIES, LLC 

DEFENDANTS: 

~ Date: 05/03/2023 

ROBERT PULSIPHER INDIVIDUALLY 

AND AS AN OFFICER OF YODEL TECHNOLOGIES, LLC 

12 

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Case 8:23-cv-01575-MSS-JSS Document 3-2 Filed 07/14/23 Page 1 of 1 PageID 45 

REASONS FOR SETTLEMENT 

This statement accompanies the Stipulated Final Judgement and Order for Civil Penalties, 

Permanent Injunction, and Other Relief (“Stipulated Order”) executed by defendants Yodel 

Technologies LLC (“Yodel”) and Robert Pulsipher (“Defendants”) in settlement of an action 

brought to obtain penalties and equitable relief from Defendants for engaging in acts or practices 

in violation of the FTC’s Telemarketing Sales Rule, 15 C.F.R. Part 310. The settlement imposes 

on Defendants a civil penalty in the amount of one million dollars ($1,000,000), partially 

suspended so as to require Defendants to pay four hundred thousand dollars ($400,000) in civil 

penalties in addition to robust injunctive relief. 

Pursuant to Section 5(m)(3) of the FTC Act, as amended, 15 U.S.C. § 45(m)(3), the 

Commission hereby sets forth its reasons for settlement by entry of the Stipulated Order: 

On the basis of the allegations contained in the attached complaint, the Commission 

believes that the payment of a $400,000 civil penalty by Defendants constitutes an 

appropriate amount on which to base settlement. The civil penalty and provisions 

enjoining Yodel and Robert Pulsipher from engaging in telemarketing constitute effective 

means to assure Defendants’ future compliance and deter others who might violate these 

laws. Additionally, with the entry of such a Stipulated Order, the time and expense of 

litigation will be avoided. 

For the foregoing reasons, the Commission believes that the settlement by entry of the 

attached Stipulated Order with Yodel and Robert Pulsipher is justified and well within the public 

interest.