UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA,

Plaintiff,

v.

FLUENT, LLC;

REWARDZONE USA LLC, also d/b/a Up 

Rewards, The Reward Genius, Flash Rewards, and 

National Consumer Center; 

DELIVER TECHNOLOGY LLC, also d/b/a Flash 

Rewards;

SEARCH WORKS MEDIA, LLC, also d/b/a 

FindDreamJobs and StartACareerToday; and

EASE WINS, LLC, also d/b/a JobsOnDemand; 

Defendants.

Case No. 9:23-cv-81045

JOINT MOTION FOR 

ENTRY OF PROPOSED 

STIPULATED ORDER

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

Attorney General by the Federal Trade Commission, filed a Complaint for Civil Penalties, 

Permanent Injunction, Monetary Relief, and Other Relief, against Defendants Fluent, LLC, 

RewardZone USA LLC, Deliver Technology LLC, Search Works Media, LLC, and Ease Wins, 

LLC. Plaintiff and Defendants have resolved all issues in this matter through Exhibit 1, the 

proposed Stipulated Order for Permanent Injunction, Monetary Judgment, 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 respectfully request that the Court enter the 

attached Stipulated Order. Pursuant to Local Rule 7.1(a)(3), counsel for Plaintiff certifies that he 

has conferred with counsel for Defendants, and the parties have agreed to this Joint Motion.

Case 9:23-cv-81045-AMC Document 4 Entered on FLSD Docket 07/17/2023 Page 1 of 3
2 

Dated: July 17, 2023

FOR DEFENDANTS:

 /s/ Robert M. Brochin 

Robert M. Brochin (Fla. Bar No. 319661) 

Morgan, Lewis & Bockius LLP 

600 Brickell Avenue, Suite 1600 

Miami, FL 33131-3075 

Tel: (305) 415-3456 

Fax: (305) 415-3001 

bobby.brochin@morganlewis.com 

Daniel Savrin

Caiti Zeytoonian

Morgan, Lewis & Bockius LLP 

1 Federal Street

Boston, MA 02110-01726 

Tel: (617) 951-8674 

Fax: (617) 341-7701 

daniel.savrin@morganlewis.com 

caiti.zeytoonian@morganlewis.com 

David Monteiro 

Morgan, Lewis & Bockius LLP 

1717 Main Street, Suite 3200 

Dallas, TX 75201-7347 

Tel: (214) 466-4000 

Fax: (214) 466-4001 

david.monteiro@morganlewis.com 

Counsel for Defendants 

Fluent, LLC, RewardZone USA LLC, 

Deliver Technology LLC, Search Works 

Media, LLC, and Ease Wins, LLC 

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 

MARKENZY LAPOINTE

United States Attorney

JAMES A. WEINKLE

Assistant United States Attorney

Florida Bar No. 0710891 

Email: James.Weinkle@usdoj.gov 

Office of the United States Attorney

Southern District of Florida 

Alto Lee Adams Federal Courthouse 

101 South U.S. Highway One, Suite 3100 

Fort Pierce, FL 34950 

Telephone: 772.293.0945 (Direct) 

Case 9:23-cv-81045-AMC Document 4 Entered on FLSD Docket 07/17/2023 Page 2 of 3
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Of Counsel:

PURBA MUKERJEE

JAMES DAVIS

Attorneys

Federal Trade Commission

230 S. Dearborn Street, Suite 3030

Chicago, IL 60604

Tel: (202) 527-8251

pmukerjee@ftc.gov

jdavis@ftc.gov

Case 9:23-cv-81045-AMC Document 4 Entered on FLSD Docket 07/17/2023 Page 3 of 3
Exhibit 1

Case 9:23-cv-81045-AMC Document 4-1 Entered on FLSD Docket 07/17/2023 Page 1 of 37
1 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 v. 

FLUENT, LLC; 

REWARDZONE USA LLC, also d/b/a Up 

Rewards, The Reward Genius, Flash Rewards, and 

National Consumer Center; 

DELIVER TECHNOLOGY LLC, also d/b/a Flash 

Rewards; 

SEARCH WORKS MEDIA, LLC, also d/b/a 

FindDreamJobs and StartACareerToday; and 

EASE WINS, LLC, also d/b/a JobsOnDemand; 

Defendants. 

Case No. ____________ 

9:23-cv-81045

STIPULATED ORDER FOR 

PERMANENT INJUNCTION, 

MONETARY JUDGMENT, CIVIL 

PENALTY JUDGMENT, AND 

OTHER RELIEF

UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

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, Monetary Relief, Civil Penalties, and Other Relief 

(“Complaint”), for a permanent injunction, monetary relief, civil penalties, and other relief in this 

matter, pursuant to Sections 5(a), 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, Section 6 

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

15 U.S.C. § 6105, and Section 7(a) of the Controlling the Assault of Non-Solicited Pornography 

and Marketing Act of 2003 (“CAN-SPAM Act”), 15 U.S.C. § 7706(a). Defendants have waived 

service of the summons and the Complaint. Plaintiff and Defendants stipulate to the entry of this 

Case 9:23-cv-81045-AMC Document 4-1 Entered on FLSD Docket 07/17/2023 Page 2 of 37
2 

Stipulated Order for Permanent Injunction, Monetary Relief, 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 deceptive acts or practices 

in violation of Section 5 of the FTC Act, 15 U.S.C. § 45, the Controlling the Assault of NonSolicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”), 15 U.S.C. §§ 7701–

7713, and the Telemarketing Sales Rule (“TSR”), 16 C.F.R. Part 310, as amended, in connection 

with its acquiring of consumer data using ads and websites purportedly offering consumers job 

opportunities or “free” Rewards, such as a $1,000 Walmart gift card or $750 deposit on a mobile 

app like Venmo, and its selling of the consumer leads to third parties. 

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

as specifically stated in this Order. Only for the 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 and Plaintiff 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. “Affirmative Express Consent” means, upon being presented with a clear choice to 

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provide or withhold consent, an affirmative act taken by a consumer 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. A consumer’s authorization inferred from the hovering over, muting, pausing, or 

closing of a given piece of content by the consumer; or 

2. A consumer’s authorization obtained 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 

Case 9:23-cv-81045-AMC Document 4-1 Entered on FLSD Docket 07/17/2023 Page 4 of 37
4 

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 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. 

C. “Commercial Email Message” means any email message the primary purpose of which 

is the commercial advertisement or promotion of a commercial product or service 

(including the content on an Internet website operated for a commercial purpose). 

D. “Covered Information” means individually identifiable 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 

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education level, employment status, or household debt; (h) biometric information; or (i) 

any information combined with any of (a) through (h). Exempt from the definition of 

Covered Information is any information identified in (a) through (d) of this definition that 

Defendants use exclusively to initiate or complete, on behalf of a consumer, a transaction 

with a seller of goods or services that Defendants advertise, market, or promote. 

E. “Defendants” means Fluent, LLC, RewardZone USA LLC, Deliver Technology LLC, 

Search Works Media, LLC, Ease Wins, LLC, and their successors and assigns. 

F. “Established Business Relationship” means a relationship between a Seller and a 

Person based on: (a) the Person’s purchase, rental, or lease of the Seller’s goods or 

services or a financial transaction between the Person and Seller, within the 18 months 

immediately preceding the date of the Telemarketing call; or (b) the Person’s inquiry or 

application regarding a product or service offered by the Seller, within the 3 months 

immediately preceding the date of a Telemarketing call. 

G. “Header Information” means the source, destination, and routing information attached 

to a Commercial Email Message, including the originating domain name and originating 

email address, and any other information that appears in the line identifying, or 

purporting to identify, a Person initiating or Procuring the message. 

H. “Lead Generation” means (a) using marketing techniques, including Publisher 

Programs, 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. 

I. “National Do Not Call Registry” means the National Do Not Call Registry, which is the 

Case 9:23-cv-81045-AMC Document 4-1 Entered on FLSD Docket 07/17/2023 Page 6 of 37
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“do-not-call” registry maintained by the Commission pursuant to 16 C.F.R. 

§ 310.4(b)(1)(iii)(B). 

J. “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. 

K. “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. 

L. “Procure,” “Procurement,” or “Procuring” when used with respect to a Commercial 

Email Message, means to pay or provide other consideration to, or induce, another Person 

to initiate such a message on one’s behalf. 

M. “Publisher” means any Person who participates in a Publisher Program. 

N. “Publisher Program” means any arrangement under which any Defendant pays, offers 

to pay, or provides or offers to provide any form of consideration for (i) provision or 

referral—either directly or through a Publisher Network—of potential or actual 

consumers to Defendants or (ii) advertising, marketing, promotion, or offering for sale 

any of Defendants’ goods or services. 

O. “Publisher Network” means any Person who (i) any Defendant pays, offers to pay, or 

provides or offers to provide any form of consideration for participation in a Publisher 

Program; and (ii) pays any other Person to participate in a Publisher Program. 

P. “Publisher Source” means any Person who performs services for a Publisher Network. 

Q. “Reward” means anything of value offered to consumers, including a gift card, check, 

cash-value deposit on a mobile payment application or other cash equivalents, a mobile 

device, or any other good in exchange for completing tasks, disclosing personal 

Case 9:23-cv-81045-AMC Document 4-1 Entered on FLSD Docket 07/17/2023 Page 7 of 37
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information, making purchases, or taking other actions. 

R. “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 whether or not such Person is under the 

jurisdiction of the Commission 

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

receives telephone calls to or from a customer or donor, whether or not such person is 

under the jurisdiction of the Commission. 

T. “Telemarketing” means a 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 a telephone call. 

I. RESTRICTIONS ON COLLECTION OF COVERED 

INFORMATION ON EMPLOYMENT SITES 

IT IS 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, in connection with any website or mobile application related to employment or 

potential employment: 

A. Failing to Clearly and Conspicuously provide the following disclosure or one that is 

materially the same, in a manner that is visible without scrolling: “This site may provide 

a list of third-party job postings and is not affiliated with any employer. You may be 

transferred to a third-party website to apply for a specific job.” 

B. Collecting any Covered Information other than a consumer’s first name, last name, zip 

code, email address, and any responses to survey or multiple-choice questions related to 

Case 9:23-cv-81045-AMC Document 4-1 Entered on FLSD Docket 07/17/2023 Page 8 of 37
8 

employment (hereinafter “Employment Covered Information”), provided, however that, 

so long as they comply with the requirements of Section VIII of this Order applicable to 

collection of Covered Information, Defendants may also collect the following, which do 

not qualify as “Employment Covered Information” under this Section: 

1. For the sole purpose of notifying the consumer via text message regarding 

employment or potential employment, a consumer’s mobile phone number; and 

2. Covered Information collected only for the purposes of (a) preparing a resume or 

(b) preparing and submitting to a prospective employer a job application on the 

consumer’s behalf; 

C. Selling, transferring, or disclosing to any Person other than another Defendant a 

consumer’s mobile phone number collected under Subsection B(1) of this Order, 

provided, however that such phone numbers may be disclosed to a service provider that 

(1) a Defendant pays to text message consumers on its behalf for the sole purpose of 

notifying the consumer regarding employment or potential employment, and (2) does not 

pay or receive payment as consideration for the mobile phone number received from 

Defendants; 

D. Failing, prior to collecting any Employment Covered Information, to Clearly and 

Conspicuously disclose: “Sharing your personal information is optional.”; 

E. Failing to provide consumers with a Clear and Conspicuous means of accessing 

information related to employment or potential employment without disclosing 

Employment Covered Information; 

Case 9:23-cv-81045-AMC Document 4-1 Entered on FLSD Docket 07/17/2023 Page 9 of 37
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F. Selling, transferring, or disclosing Employment Covered Information without complying 

with the requirements of Section VIII of this Order applicable to collection and sale, 

transfer, or disclosure of Covered Information; 

G. Selling, transferring, or disclosing Employment Covered Information for any purpose 

other than emailing the consumer with information regarding employment, potential 

employment or employment-related services; 

H. Selling, transferring, disclosing, or otherwise using any Employment Covered 

Information to populate or fill out forms on any third-party website; 

I. Selling, transferring, or disclosing information collected under Subsection B(2) of this 

Order without complying with the requirements of Section VIII of this Order applicable 

to collection and sale, transfer, or disclosure of Covered Information; 

J. Selling, transferring, or disclosing the information collected under Subsection B(2) of this 

Order to any Person other than the consumer who provided the information or, with the 

consumer’s Affimative Express Consent, to a prospective employer in connection with a 

specific job vacancy; 

K. Transferring consumers to any third-party website without first disclosing that the 

consumer is being transferred to such a site; and 

L. Advertising, marketing, or promoting any Reward or opportunity to pursue or qualify for 

a Reward. 

II. PROHIBITION AGAINST MISREPRESENTATIONS 

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, in connection with Lead 

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Generation, or the advertising, marketing, or promotion of any Reward or service are 

permanently restrained and enjoined from: 

A. Misrepresenting or assisting others in misrepresenting, expressly or by implication: 

1. That any consumer has won or been specially selected to receive a Reward; 

2. That consumers will receive a Reward in exchange for providing personal 

information, without any other cost or obligation; 

3. That consumers will receive a Reward in exchange for completing a survey, 

without any other cost or obligation; 

4. That any specific Reward offered by Defendants is available only for short period 

of time or in a limited quantity; 

5. That Defendants or Publishers acting on their behalf are, represent, or are 

affiliated with, any third party businesses; 

6. The monetary obligations a consumer is likely to incur to obtain a Reward; 

7. The amount of time in which a consumer will receive a Reward; 

8. The need for promptness or urgency in responding to any advertising, marketing, 

or promotion of a Reward; 

9. Any other fact material to consumers concerning any Reward such as: the total 

costs; any material restrictions, limitations, or conditions; or any aspect of the 

benefits, nature, or central characteristics of any Reward. 

10. That any consumer has been specially selected to apply or schedule an interview 

for a job with a specific employer; 

11. That any employment opportunity is guaranteed; 

12. That Defendants or a Publisher or Publisher Source acting on their behalf are, 

Case 9:23-cv-81045-AMC Document 4-1 Entered on FLSD Docket 07/17/2023 Page 11 of 37
11 

represent, or are affiliated with any specific employer hiring to fill an open job 

position; 

13. That the opportunity to qualify for any Reward is an employment opportunity; 

14. Any other fact material to consumers concerning any employment opportunity; 

15. The purposes for which Defendants are collecting Covered Information; 

16. Whether Covered Information will be sold or shared with third parties; 

17. The ways in which third parties will use Covered Information obtained from 

Defendants; 

B. Failing to disclose, Clearly and Conspicuously, the material terms and conditions of 

obtaining a Reward, including: 

1. In any advertisement and on any website or mobile application that represents, 

directly or indirectly, expressly or by implication, that consumers can earn, 

qualify for, or receive a Reward from Defendants, that to qualify for a Reward, a 

consumer will incur monetary obligations; 

2. On any website or mobile application that represents, directly or indirectly, 

expressly or by implication, that consumers can earn, qualify for, or receive a 

Reward from Defendants: 

a. All non-monetary obligations a consumer is likely to incur to obtain a 

Reward, such as disclosure of Covered Information, completion of survey 

questions, or consent to Commercial Email Messages or commercial text 

messages; 

b. The total monetary cost incurred by consumers, on average, who succeed 

in qualifying for a Reward of the same or similar value to the Reward 

Case 9:23-cv-81045-AMC Document 4-1 Entered on FLSD Docket 07/17/2023 Page 12 of 37
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advertised, marketed, promoted, or offered to the consumer, provided, 

however that a disclosure that includes (1) the average costs incurred by 

consumers who succeeded in qualifying for the highest value Reward 

offered and (2) the average costs incurred by consumers who succeeded in 

qualifying for a Reward of a value that is no less than half that of the 

highest value Reward offered shall be sufficient for purposes of 

compliance with this paragraph; 

c. The amount of time permitted to complete deals required to qualify for a 

Reward; 

d. The average number of days between a consumer’s registration and 

issuance to consumers of a Reward of the same or similar value to the 

Reward advertised, marketed, promoted, or offered to the consumer; or 

e. The percentage of consumers, in the past year, who received from 

Defendants the highest value Reward offered, out of the total number of 

consumers who registered with Defendants in connection with such a 

Reward. 

C. In connection with Rewards offered by any Defendant, failing to establish, implement, 

and maintain a system that includes procedures sufficient to: 

1. Require third parties who offer a deal or other transaction that a consumer may 

complete to qualify for a Reward to report to Defendants a consumer’s 

completion of any such deal or transaction within one business day of completion; 

2. Ensure that, within 12 hours of receipt of a report of completion under Subsection 

C(1) of this Section, any consumer account or profile that tracks consumer 

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qualification for a Reward reflects the completion of that deal or transaction; or 

3. A Reward is delivered to a consumer within 10 business days of the consumer’s 

completion of all requirements for obtaining such Reward, or, if the promotion or 

offer of the Reward specified a time within which the Reward will likely be 

delivered, ensure that it is delivered within the specified time. 

III. PROHIBITION AGAINST COMMERCIAL EMAIL 

MESSAGES THAT ARE UNSOLICITED, 

UNAUTHORIZED, OR DECEPTIVE 

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 violating Sections 5 and 6 of the CAN-SPAM Act, 15 U.S.C. 

§§ 7704 and 7705, including but not limited to initiating, Procuring, or transmitting or assisting 

others in initiating, Procuring, or transmitting a Commercial Email Message that: 

A. Contains, or is accompanied by, materially false or misleading Header Information, 

including but not limited to a “from” line (the line identifying or purporting to identify 

the Person initiating or Procuring the message) that does not accurately identify any 

Person who initiated or Procured the Commercial Email Message; 

B. Contains a subject heading likely to mislead an authorized user of the email address to 

which a Commercial Email Message was sent or delivered, acting reasonably under the 

circumstances, about a material fact regarding the contents or subject matter of the 

message. 

C. Does not include a Clear and Conspicuous notice of the opportunity to decline to receive 

further Commercial Email Messages from the sender, Defendants, or any other sender on 

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Defendants’ behalf, or describe the means by which such a request to decline can be 

made; 

D. Does not include a functioning return email address or other Internet-based mechanism, 

Clearly and Conspicuously displayed, that can be used to submit a request not to receive, 

at the email address where the Commercial Email Message was received, future 

Commercial Email Messages from the sender, Defendants, or any other sender on 

Defendants’ behalf, and that remains capable of receiving such requests for no less than 

30 days after the transmission of the Commercial Email Message; or 

E. Is sent to an email address more than 10 days after the sender receives a request from an 

authorized user of the email address not to receive future Commercial Email Messages 

from the sender, any Defendant, or any other sender on Defendants’ behalf. 

IV. DUE DILIGENCE AND MONITORING OF 

PUBLISHERS AND PUBLISHER NETWORKS 

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 to: 

A. Provide to each Publisher or Publisher Network, as a condition of doing business, a copy 

of this Order within 7 days of its entry and a Clear and Conspicuous disclosure in writing 

that engaging in acts or practices prohibited by this Order will result in disciplinary 

action, which may include immediate termination of any Publisher, Publisher Network, 

or Publisher Source and forfeiture of all monies owed to such Publisher or Publisher 

Network; 

B. Obtain, within 45 days of entry of this Order, a signed and dated statement from each 

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Publisher and Publisher Network acknowledging receipt of the Order and expressly 

agreeing to comply with it, or suspend, until such a statement is provided, all business 

with any Publisher or Publisher Network that fails to provide it; 

C. Establish, implement, and thereafter maintain a system to review and monitor all 

materially distinct materials that any Publisher or Publisher Network publicly displays or 

disseminates to any consumers who are referred to Defendants, which system shall 

include procedures sufficient to: 

1. Require each Publisher or Publisher Network, prior to participation in any 

Publisher Program, to provide the following identifying information: 

a. In the case of a natural Person, the Publisher’s or Publisher Network’s first 

and last name, any and all names under which the Publisher or Publisher 

Network does business, physical address, country, telephone number, 

email address, and bank account information (including only the last four 

digits of bank account number) necessary to identify where payments are 

to be made to that Person; 

b. In the case of a business entity, the Publisher’s or Publisher Network’s 

name, any and all names under which it does business, state of 

incorporation, registered agent, and the first and last name, physical 

address, country, telephone number, and email address for at least one 

natural Person who owns, manages, or controls the Publisher or Publisher 

Network, and the complete bank account information as to where 

payments are to be made to the Publisher or Publisher Network; 

2. Obtain from each Publisher or Publisher Network: 

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a. A copy of all materially distinct material, including text, graphic, video, 

audio, and photographs—prior to public display or dissemination to 

consumers—that a Publisher or Publisher Network used to advertise, 

promote, market, or offer for sale any of Defendants’ goods or services; 

b. Each website or social media location where the material has appeared 

that the Publisher or Publisher Network maintains or controls, including 

any social media account or URL of any website; 

c. Each ad platform, such as Google Ads or Meta’s Self-Serve Ads, to which 

the Publisher or Publisher Network submitted the material to be served to 

consumers and the dates corresponding to the time period over which it 

was served; 

d. The URL for any hyperlinks contained within the material; and 

e. Dates when the material was publicly displayed or disseminated to any 

consumer; 

3. Review all material submitted to Defendants under Subsections C(1) and (2) of 

this Section to determine if it complies with the requirements of this Order and 

Defendants’ policies and guidelines for Publishers, and: 

a. If the material does not comply, inform the Publisher or Publisher 

Network in writing that approval to use such material is denied; and 

b. If the material does comply, inform the Publisher or Publisher Network in 

writing that approval to use such material is granted; 

4. If Defendants know or should know that the Publisher or Publisher Source has: 

a. Publicly displayed or disseminated to a consumer any material that 

Case 9:23-cv-81045-AMC Document 4-1 Entered on FLSD Docket 07/17/2023 Page 17 of 37
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contains a misrepresentation prohibited by this Order or otherwise does 

not comply with this Order; or 

b. Emailed any consumer on Defendants’ behalf without downloading, at 

least ten days prior to sending any such email, a suppression list 

maintained by Defendants that contains all requests to unsubscribe from 

emails advertising, marketing, promoting, or offering for sale any of 

Defendants’ goods or services, 

Then Defendants shall, subject to Subsection C(6) of this Section, immediately 

suspend, deny payment to, and reject all future consumers referrals from such 

Publisher or Publisher Source; 

5. Promptly and thoroughly investigate any complaint or other information that 

Defendants receive alleging that a Publisher, Publisher Network, or Publisher 

Source is engaging in acts or practices prohibited by this Order, and: 

a. Notify the Publisher, Publisher Network, or Publisher Source that it is 

under investigation; 

b. At the conclusion of the investigation, 

i. Document the factual findings and conclusions in a written report; 

ii. Send the written report to the Publisher, Publisher Network, or 

Publisher Source investigated; and 

iii. If the Publisher, Publisher Network, or Publisher Source is found 

to have engaged in acts or practices prohibited by this Order, 

immediately suspend or permanently terminate the Publisher, 

Publisher Network, or Publisher Source including by rejecting all 

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18 

future consumer referrals; 

6. Require, prior to allowing any Publisher, Publisher Network, or Publisher Source 

that has been suspended to participate in a Publisher Program again, compliance 

with the requirements of Subsections C(1)–(3) of this Section; and 

7. Permanently terminate any Publisher, Publisher Network, or Publisher Source that 

Defendants have suspended on at least two prior occasions and that subsequently 

engages in acts or practices prohibited by this Order. 

D. Contractually require, for any Publisher Source to which Defendants only have access 

through a Publisher Network, that the Publisher Network: 

1. Provide to each such Publisher Source a copy of this Order and a Clear and 

Conspicuous disclosure in writing that engaging in acts or practices prohibited by 

this Order will result in disciplinary action, which may include immediate 

termination of any Publisher Source and forfeiture of all monies owed to such 

Publisher Source; 

2. Retain proof of the same prior to any such Publisher Source’s participation in a 

Publisher Program; 

3. Obtain from each such Publisher Source the information set forth in Subsections 

D(1) and (2) of this Section, prior to the Publisher Source or Publisher Network’s 

participation in any Publisher Program; 

4. Conduct review of all materially distinct materials, including text, graphic, video, 

audio, and photographs—prior to public display or dissemination—that each such 

Publisher Source will use to advertise, promote, market, or offer for sale any of 

Defendants’ goods or services to determine if it complies with the requirements of 

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this Order and Defendants’ policies and guidelines for Publishers, and: 

a. If the material does not comply, inform the Publisher Source in writing 

that approval to use such material is denied; 

b. If the material does comply, inform the Publisher Source in writing that 

approval to use such material is granted; 

5. Provide, upon request by any Defendant: 

a. Any information the Publisher Network was required to obtain under 

Subsection D(3) of this Section; and 

b. Any approval or denial required under Subsection D(4) of this Section; 

and 

E. Designate, within 30 days of entry of this Order, an employee responsible for the 

establishment, implementation, and maintenance of the system required under Subsection 

IV(C). 

V. MONITORING OF INTERNAL ADVERTISEMENTS 

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 disseminating any material, including text, graphic, video, audio, 

and photographs to advertise, promote, market, or offer for sale any goods or services, without 

first: 

A. Establishing, implementing, and thereafter maintaining a system to review and monitor 

all materially distinct materials, which system shall include procedures sufficient to: 

1. Review the following to determine compliance with the requirements of this 

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Order and Defendants’ advertising policies and guidelines: 

a. A copy of any materially distinct material; 

b. Each website or social media location where the material will appear that 

any Defendant maintains, or directly or indirectly controls, , including any 

social media account or URL of any website; 

c. Each ad platform, such as Google Ads or Meta’s Self-Serve Ads, to which 

the material has been submitted to be served to consumers and the dates 

corresponding to the time period over which it will be served; 

d. The URL for any hyperlinks contained within the material; and 

e. The landing page associated with any URL contained within the material; 

and 

2. Document in writing that the review set forth in Subsection V(A) resulted in a 

determination of compliance with the requirements of this Order and Defendants’ 

advertising guidelines and policies; and 

B. Designating an employee responsible for the establishment, implementation, and 

maintenance of the system required under Subsection V(A). 

VI. 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. 

VII. PROHIBITION ON CALLS TO NUMBERS ON THE 

NATIONAL DO NOT CALL REGISTRY 

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 

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receive actual notice of this Order, whether acting directly or indirectly, are permanently 

restrained and enjoined from engaging in, or assisting and facilitating others in engaging in, any 

of the following practices: 

A. Initiating any Outbound Telephone Call to any person at a telephone number on the 

National Do Not Call Registry unless the Seller or Telemarketer proves that: 

1. The Seller has obtained the express agreement, in writing, of such person to place 

calls to that person. Such written agreement shall clearly evidence such person’s 

authorization that calls made by or on behalf of that Seller may be placed to that 

person, and shall include the telephone number to which the calls may be placed 

and the electronic or other signature of that person. Such written agreement shall 

fully disclose the identity of the Seller and must be obtained prior to the Seller or 

Telemarketer placing a call to a telephone number on the National Do Not Call 

Registry; or 

2. The Seller has an Established Business Relationship with such person, and that 

person has not stated that he or she does not wish to receive Outbound Telephone 

Calls made by or on behalf of the Seller. 

VIII. 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. Collecting and selling, transferring, or otherwise disclosing any consumer’s Covered 

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Information to any Person—other than another Defendant or a service provider of 

Defendants that does not pay or receive payment as consideration for the Covered 

Information it receives from Defendants—-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 and without requiring the consumer to click a hyperlink or take any 

other affirmative act to view or access the disclosure: 

a. The specific purpose(s) for which the Covered Information may be 

collected, sold, transferred, or disclosed; 

b. The types of Covered Information that may 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 Defendants and each recipient will use the 

Covered Information; 

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

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

Covered Information; 

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

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

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

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

Information; 

2. Obtained, following the complete disclosure of all information 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 signed and dated contract documents or a 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 relevant registered trade name(s), alter egos, DBA 

names, fictitious names, or aliases under which the recipient conducts or 

has conducted business; 

d. Confirmation that the recipient possesses all relevant required 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 sold, transferred, or disclosed to any 

other Person or used for any purpose other than the specific purpose(s) 

stated in the required disclosure under Subsection A(1) of this Section; 

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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; and 

h. Affirmation that the Covered Information for any consumer will be 

permanently destroyed within 2 weeks of notice from Defendants that the 

consumer has requested it be deleted or has retracted consent to its use, 

provided, however, that Covered Information need not be destroyed to the 

extent requested by a government agency or as required by law, 

regulation, or court order; or 

B. Taking any action to 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 or app owned or operated by Defendants or the opportunity to make a 

purchase or 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. 

IX. MONETARY JUDGMENT FOR CIVIL PENALTY 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of two million five hundred thousand Dollars ($2,500,000) is 

entered in favor of Plaintiff against Defendants, as a civil penalty. 

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

United States, two million five hundred thousand Dollars ($2,500,000), which, as 

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

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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. 

X. 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 and is not compensation for actual pecuniary loss. 

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. 

XI. 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 

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

indirectly: 

A. Within 100 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, survey question responses, 

and any information derived from Covered Information, including aggregate, 

anonymized data, that are in any Defendant’s possession, custody, or control and was 

obtained prior to the date on which all Defendants have signed this Order in connection 

with the advertising, marketing, or promotion of any Reward or employment 

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

the extent: 

1. Requested by a government agency; 

2. Required by law, regulation, court order, contractual obligations requiring 

Defendants to maintain records on behalf of entities that buy Covered Information 

to document compliance with federal or state laws or regulations applicable to 

Telemarketing or email marketing, or legal process, including as required by rules 

applicable to safeguarding of evidence in pending or anticipated litigation; 

3. Required for compliance with Subsection II(B)(2) of this Order; or 

4. The Covered Information is necessary for customer service, customer experience, 

analytics, or fraud prevention purposes related to Rewards, including tracking any 

consumer’s Reward qualification activity or delivering a Reward to a consumer; 

B. Selling or otherwise benefitting from the transfer or disclosure of any Covered 

Information and any information derived from such Covered Information, including 

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aggregate, anonymized data that was not deleted pursuant to Subsection A of this 

Section; 

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

1. Identify each Person who, in connection with Telemarketing, has accessed, 

received, or acquired a consumer’s Covered Information from any Defendant, 

prior to the date on which all Defendants have signed this Order; 

2. Identify what types of Covered Information was disclosed to each Person 

identified in Subsection C(1) of this Section; or 

3. Submit a list of the information identified in Subsections C(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 Fluent, Inc., [X-number]”; 

D. 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 (C)(1) of this Section; 

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

that Defendants collected Covered Information of consumers, in a manner that 

was deceptive and in violation of the FTC Act and TSR, and transferred the 

information to such Person; 

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

received, or acquired from any Defendant prior to the date on which all 

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Defendants have signed this Order must be permanently destroyed, and that 

Covered Information need not be destroyed only to the extent requested by a 

government agency or as required by law, regulation, or court order, or to the 

extent there is an Established Business Relationship with the consumers that are 

the subject of the Covered Information and the Covered Information is necessary 

to prove the existence of an Established Business Relationship, where such 

instruction shall include a list of the Covered Information identified in Subsection 

C(2) of this Section and demand written confirmation that the Person has 

complied with the requirements of Subsection D(3) of this Section; 

4. Provide a copy of the instructions sent under Subsection D(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 Fluent, Inc., [X-number]”; or 

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

D(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 Fluent, Inc., [Xnumber]”; or 

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

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

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

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D(3); 

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

instructions; and 

3. Complied with Section VIII of this Order. 

XII. 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. 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. 

XIII. 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 20 years after entry of this Order, each 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 

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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. 

XIV. 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 that: 

1. Identifies 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; 

2. Identifies all of that Defendant’s businesses by all of their names, telephone 

numbers, and physical, postal, email, and Internet addresses; 

3. Describes 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; 

4. Describes in detail whether and how that Defendant is in compliance with each 

Section of this Order; and 

5. Provides a copy of each Order Acknowledgment obtained pursuant to this Order, 

unless previously submitted to the Commission. 

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B. For 20 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. Any designated point of contact; or 

2. The structure of any 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. 

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. Fluent, LLC, Matter 

No. 1923230. 

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XV. RECORDKEEPING 

IT IS FURTHER ORDERED that Defendants must create certain records for 20 years 

after entry of the Order, and retain each such record for 5 years. Specifically, 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 requests to any Defendant not to receive future Commercial Email Messages; 

E. All statements from Publishers provided under Subsection IV(B); 

F. All information and materials provided by any Publisher or Publisher Network as 

required under Subsection IV(C)(1)–(2); 

G. All written grants or denials of approval issued under Subsection IV(C)(3); 

H. All written reports prepared under Subsection IV(C)(5)(b); 

I. All information obtained pursuant to a request as set forth in Subsection IV(D)(5); 

J. All materials and information reviewed under Subsection V(A)(1); 

K. All written determinations of compliance issued under Subsection V(A)(2); 

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

Sections I and VIII, including: 

1. The name and telephone number of the person providing Affirmative Express 

Consent; 

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2. A copy of the request for Affirmative Express Consent, including all required 

disclosures under Subsection VIII(A)(1), recorded in the same manner and format 

in which it was presented to the person providing it; 

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

4. A copy of the Affirmative Express Consent as it appeared to the person that 

provided consent at the time it was provided; 

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

6. All information showing compliance with requirements for Affirmative Express 

Consent, as defined in this Order; 

M. All certifications and contract documents obtained as required under Subsection 

VIII(A)(3); 

N. All written confirmations obtained under Subsection XI(D)(3); 

O. 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 

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

including all submissions to the Commission. 

XVI. 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 Plaintiff, each 

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

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34 

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. 

XVII. 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 

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35 

SO STIPULATED AND AGREED:

FOR PLAINTIFF:

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 Date: 7/17/2023

ZACHARY L. COWAN (NCBN 53432)

Trial Attorney

Consumer Protection Branch 

U.S. Department of Justice 

450 5th Street, N.W.

Washington, DC 20530

(202) 353-7728

Zachary.L.Cowan@usdoj.gov

FEDERAL TRADE COMMISSION 

Date: 6/20/2023

P b ura Mukerjee 

James Davis 

Federal Trade Commission 

230 S. Dearborn St., Suite 3030 

Chicago, IL 60604 

(202) 527-8251

pmukerjee@ftc.gov

jdavis@ftc.gov

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Case 9:23-cv-81045-AMC Document 4-1 Entered on FLSD Docket 07/17/2023 Page 37 of 37

FOR DEFENDANTS: 

David Monteiro 

Caiti Zeytoonian 

Morgan, Lewis & Bockius LLP 

1 Federal Street 

Boston, MA 02110-01 726 

(617) 951-8674 

daniel.savrin@morganlewis.com 

david.monteiro@morganlewis.com 

caiti.zeytoonian@morganlewis.com 

COUNSEL for Fluent, LLC, RewardZone USA LLC, Deliver Technology LLC, Search Works 

Media, LLC, and Ease Wins, LLC 

DEFENDANTS: 

Date: 

Donald Patrick, as Chief Executive Officer of 

Fluent, LLC, RewardZone USA LLC, 

Deliver Technology LLC, 

Search Works Media, LLC) and Ease Wins, LLC 

36 
Exhibit 2

Case 9:23-cv-81045-AMC Document 4-2 Entered on FLSD Docket 07/17/2023 Page 1 of 2
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 

Fluent, LLC, RewardZone USA, LLC, Deliver Technology LLC, Search Works Media, LLC, 

and Ease Wins, LLC in settlement of an action to obtain penalties and equitable relief from 

Defendants for engaging in acts or practices in violation of Section 5 of the FTC Act, 15 U.S.C. 

§ 45, the Telemarketing Sales Rule, 16 C.F.R. Part 310, and the Controlling the Assault of NonSolicited Pornography and Marketing Act of 2003, 15 U.S.C. §§ 7701–7713. The settlement 

imposes robust injunctive relief and a civil penalty in the amount of two million five hundred 

thousand dollars ($2,500,000). 

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 and the factors set 

forth in Section 5(m)(1)(C) of the FTC Act, as amended, 15 U.S.C. § 45(m)(1)(C), the 

Commission believes that the payment of a $2,500,000 civil penalty by Defendants 

constitutes an appropriate amount. The civil penalty and provisions enjoining Defendants 

from engaging in unfair and deceptive practices 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 Defendants is justified and well within the public interest. 

Case 9:23-cv-81045-AMC Document 4-2 Entered on FLSD Docket 07/17/2023 Page 2 of 2