Case 8:23-cv-02622-AAQ Document 10-1 Filed 09/27/23 Page 2 of 31 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF MARYLAND 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

v. 

LURN, INC., a corporation, 

ANIK SINGAL, individually and as an officer of 

LURN, INC., 

TYRONE COHEN, individually, and 

DAVID KETTNER, individually,

 Defendants. 

Case No. 8:23-cv-02622-AAQ 

STIPULATED ORDER FOR 

PERMANENT INJUNCTION AND 

OTHER RELIEF 

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

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

injunction, monetary relief, and other relief in this matter, pursuant to Sections 13(b) and 19 of 

the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. §§ 53(b) and 57b, and the 

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

U.S.C. §§ 6101-6108. The Commission and Defendant Tyrone Cohen (“Defendant Cohen”) 

stipulate to the entry of this Stipulated Order for Permanent Injunction 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 Defendant Cohen participated in deceptive and unfair 
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acts or practices that violate Section 5 of the FTC Act, 15 U.S.C. § 45, in connection with the 

advertising, marketing, distribution, and selling of ecommerce programs and courses to 

consumers throughout the United States. 

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

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

Defendant Cohen admits the facts necessary to establish jurisdiction. 

4. Defendant Cohen waives any claim that he may have under the Equal Access to 

Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action through the date of this 

Order, and agrees to bear his own costs and attorney fees. 

5. Defendant Cohen and the Commission 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. “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. 

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

and other characteristics, must stand out from any accompanying text or other visual elements so 

that it is easily noticed, read, and understood. 

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

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

understand it. 

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

Internet or software, the disclosure must be unavoidable. 

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

and must appear in each language in which the representation that requires the disclosure 

appears. 

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

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

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

anything else in the communication. 

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

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

children, the elderly, or the terminally ill, “ordinary consumers” includes reasonable members of 

that group. 

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

Defendant, individually, collectively, or in any combination. 

1. “Corporate Defendant” means Lurn, Inc., and its successors and assigns. 

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2. “Individual Defendants” means Anik Singal, Tyrone Cohen, and David 

Kettner. 

B. “Earnings Claim” means any representation, specific or general, about income, 

revenues, financial gains, percentage gains, profit, net profit, gross profit, or return on 

investment. Earnings Claims include, but are not limited to: (a) any chart, table, or 

mathematical calculation that demonstrates possible results based upon a combination of 

variables; and (b) any statements from which a prospective purchaser can reasonably infer that 

he or she will earn a minimum level of income (e.g., “earn enough money to buy a Porsche,” 

“earn a six-figure income,” or “earn your investment back within one year”); and (c) any 

statements, claims, success stories, endorsements, or testimonials about the performance or 

profitability of representatives, endorsers, instructors, or customers. 

C. “Investment Opportunity” includes anything, tangible or intangible, that is 

offered, offered for sale, sold, or traded based wholly or in part on representations, either express 

or implied, about past, present, or future income, profit, or appreciation. 

D. “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. 

ORDER 

I. PROHIBITION CONCERNING EARNINGS CLAIMS 

IT IS ORDERED that Defendant Cohen, his 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 promoting or offering for 

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sale any good or service, are permanently restrained and enjoined from making any Earnings 

Claims or assisting others in making any Earnings Claims, expressly or by implication, unless: 

A. The Earnings Claims are non-misleading; 

B. At the time the Earnings Claims are made, Defendant Cohen has a reasonable 

basis for the claims and has in his possession written materials that substantiate 

them; 

C. To the extent that the Earnings Claims concern the performance or profitability of 

specific representatives, endorsers, instructors, or customers: 

1. Defendant Cohen must Clearly and Conspicuously disclose typical 

customer results, and have written substantiation for such typical results; and 

2. If Defendant Cohen makes any statements characterizing or qualifying the 

typical results (by saying, for example, “most students do not earn income 

because they do not complete the program”), Defendant Cohen must have written 

substantiation for those statements as well; 

D. Defendant Cohen makes the written substantiation for Earnings Claims available 

upon request to the consumer, potential purchaser, and the FTC; and 

E. Any earnings of Defendant Cohen that forms the basis for the Earnings Claims 

were achieved in compliance with the law. 

II. PROHIBITION AGAINST MISREPRESENTATIONS 

IT IS FURTHER ORDERED that Defendant Cohen, his 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, marketing, promoting, offering for sale, or selling of any good or service, are 

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permanently restrained and enjoined from misrepresenting or assisting others in misrepresenting, 

expressly or by implication: 

A. The description of the good or service; 

B. That any past performance referenced in Defendant Cohen’s advertising, marketing, 

promoting, offering for sale, or selling of any good or service is indicative of future 

results; 

C. That any testimonials Defendant Cohen uses in the advertising, marketing, 

promoting, offering for sale, or selling of any good or service reflect the experience 

that consumers are likely to have using such products or services; 

D. That purchasers or users of Defendant Cohen’s products or services will or are likely 

to achieve substantial profits or earnings; 

E. The risk, earnings potential, or profitability of goods or services that are the subject of 

a sales offer; 

F. The background, expertise, or other information about the skills or accomplishments 

of any person whose name or likeness is used in promoting Defendant Cohen’s goods 

or services to prospective purchasers; 

G. The level of experience required for consumers to effectively use Defendant Cohen’s 

goods or services; 

H. The time or effort required for consumers to effectively use Defendant Cohen’s goods 

or services; 

I. That Defendant Cohen’s goods or services will be sold to only a limited number of 

prospective participants; 

J. Any material aspect of the nature or terms of a refund, cancellation, or exchange 

policy for the good or service; or 

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K. Any other fact material to consumers concerning any good or service, such as: the 

total costs; any material restrictions; limitations; or conditions; or any material aspect 

of its performance, efficacy, nature, or central characteristics. 

III. PROHIBITIONS REGARDING TELEMARKETING 

IT IS FURTHER ORDERED that Defendant Cohen, his 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 

Telemarketing of any goods or services are permanently restrained and enjoined from: 

A. Misrepresenting earnings potential or profitability; 

B. Misrepresenting material aspects of an Investment Opportunity; 

C. Misrepresenting any material aspect of the performance, efficacy, nature, or central 

characteristics of goods or services that are the subject of a sales offer; 

D. Making a false or misleading statement to induce any person to pay for goods or 

services; or 

E. Violating any provision of the TSR, 16 C.F.R. Part 310, attached as Attachment A. 

IV. CUSTOMER INFORMATION 

IT IS FURTHER ORDERED that Defendant Cohen, his agents, employees, attorneys, 

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

notice of this Order, are permanently restrained and enjoined from directly or indirectly failing to 

provide sufficient customer information to enable the Commission to efficiently administer 

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

related to redress, Defendant Cohen must provide it, in the form prescribed by the Commission, 

within 14 days. 

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V. COOPERATION 

IT IS FURTHER ORDERED that Defendant Cohen must fully cooperate with 

representatives of 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. Defendant Cohen 

must provide truthful and complete information, evidence, and testimony. Defendant Cohen must 

appear for interviews, discovery, hearings, trials, and any other proceedings that a Commission 

representative may reasonably request upon 5 days written notice, or other reasonable notice, at 

such places and times as a Commission representative may designate, without the service of a 

subpoena. 

VI. ORDER ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Defendant Cohen obtain acknowledgments of receipt 

of this Order: 

A. Defendant Cohen, 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 10 years after entry of this Order, Defendant Cohen, for any business that he, 

individually or collectively with any other Defendants, is the majority owner or controls directly 

or indirectly, must deliver a copy of this Order to: (1) all principals, officers, directors, and LLC 

managers and members; (2) all employees having managerial responsibilities for conduct related 

to the subject matter of the Order and all agents and representatives who participate in conduct 

related to the subject matter of the Order; and (3) any business entity resulting from any change 

in structure as set forth in the Section titled Compliance Reporting. Delivery must occur within 7 

days of entry of this Order for current personnel. For all others, delivery must occur before they 

assume their responsibilities. 

C. From each individual or entity to which Defendant Cohen delivered a copy of this 

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Order, Defendant Cohen must obtain, within 30 days, a signed and dated acknowledgment of 

receipt of this Order. 

VII. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendant Cohen make timely submissions to the 

Commission: 

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

report, sworn under penalty of perjury: 

1. Defendant Cohen 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 Defendant Cohen; (b) identify all of 

Defendant Cohen’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 Defendant Cohen must describe if 

he knows or should know due to his own involvement); (d) describe in detail whether and 

how Defendant Cohen 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, Defendant Cohen 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 Defendant Cohen 

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

Defendant Cohen has any ownership interest; and (c) describe in detail Defendant 

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Cohen’s involvement in each such business, including title, role, responsibilities, 

participation, authority, control, and any ownership. 

B. For 10 years after entry of this Order, Defendant Cohen must submit a compliance 

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

1. Defendant Cohen must report any change in: (a) any designated point of 

contact; or (b) the structure of any entity that Defendant Cohen has any ownership 

interest in or controls directly or indirectly that may affect compliance obligations arising 

under this Order, including: creation, merger, sale, or dissolution of the entity or any 

subsidiary, parent, or affiliate that engages in any acts or practices subject to this Order. 

2. Additionally, Defendant Cohen 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 Defendant Cohen performs services 

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

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

the business or entity. 

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

bankruptcy petition, insolvency proceeding, or similar proceeding by or against Defendant 

Cohen 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. 

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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. Lurn, Inc., Matter No. 2223056. 

VIII. RECORDKEEPING 

IT IS FURTHER ORDERED that Defendant Cohen must create certain records for 10 

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

Cohen for any business that Defendant Cohen, individually or collectively with any other 

Defendants, 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; 

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 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. 

IX. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring Defendant Cohen’s 

compliance with this Order and any failure to transfer any assets as required by this Order: 

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A. Within 14 days of receipt of a written request from a representative of the 

Commission, Defendant Cohen 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 is also authorized to obtain discovery, 

without further leave of court, using any of the procedures prescribed by Federal Rules of Civil 

Procedure 29, 30 (including telephonic depositions), 31, 33, 34, 36, 45, and 69. 

B. For matters concerning this Order, the Commission is authorized to communicate 

directly with Defendant Cohen. Defendant Cohen must permit representatives of the 

Commission to interview any employee or other person affiliated with Defendant Cohen who has 

agreed to such an interview. The person interviewed 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 Defendant Cohen or 

any individual or entity affiliated with Defendant Cohen, 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, any consumer 

reporting agency must furnish consumer reports concerning Defendant Cohen, pursuant to 

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

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_______________________________ 

Case 8:23-cv-02622-AAQ Document 10-1 Filed 09/27/23 Page 14 of 31 

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 , 2023. 

UNITED STATES DISTRICT JUDGE 

13 
SO STIPULATED A~D .\GREED: 

FEDERAL TRADE C0\11\JISSION 

Date: 

Benjamin R. Davidson 

bdavidsonraftc .gov 

Joshua Doan 

jdoan!c{!ftc.gov 

Ryan !VlcAuliffc 

rmcau Ii ffcrcTdkgov 

Attorneys 

Federal Trade Commission 

600 Pennsylvania A vc N\V 

Mailstop CC-6316 

Washington. DC 20580 

(202) 326-3055 

FOR DEFENI)ANT ,::L ,,,~ 

___ 

COHEN: 

_ 

Richard Ncvvrnan. Esq. 

rncwman(iDhinchncwman.90111 

Hinch Newman LLP , 

600 West Broadway. Suite 700 

San Diego. CA 9210 I 

(619) 233-5200 

Counsel/or Tyrone ('often. 

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Case 8:23-cv-02622-AAQ Document 10-1 Filed 09/27/23 Page 15 of 31 
DEFENDANT: Tyrone Cohen 

,,..., 

7;rtf1u/ CtJ-iot✓ J 7-31-2023 

Date: _______ _ 

Tyrone Cohen, individually 

' ' 

, 

, 

15 

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