Case 6:23-cv-01041-WWB-DCI Document 114-1 Filed 01/17/24 Page 1 of 33 PagelD 4743 

UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF FLORIDA 

ORLANDO DIVISION 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

V. 

VISION ONLINE, INC., GANADORES IBR, INC., 

VISION ONLINE DIGITAL, LLC, VISION 

ONLINE ENGLISH, LLC, VISION ONLINE 

LATINO, LLC, RICHARD ALVAREZ, SARA 

ALVAREZ, ROBERT SHEMIN, and BRYCE 

CHAMBERLAIN, 

Defendants. 

Case No. 

6:23-cv-1041 -WWB-DCI 

[PROPOSED] 

STIPULATED ORDER FOR 

PERMANENT INJUNCTION, 

MONETARY RELIEF AND 

OTHER RELIEF AS TO 

VISION ONLINE, INC., 

GANADORES IBR, INC., 

VISION ONLINE DIGITAL, 

LLC, VISION ONLINE 

ENGLISH, LLC, VISION 

ONLINE LATINO, LLC, 

RICHARD ALVAREZ, AND 

SARA ALVAREZ 

This matter comes before the Court upon the stipulation of the Plaintiff, the 

Federal Trade Commission ("FTC"), all the corporate Defendants, namely Vision 

Online, Inc., Ganadores IBR, Inc., Vision Online Digital, LLC, Vision Online English, 

LLC, Vision Online Latino, LLC, and two individual Defendants, namely Richard Alvarez 

and Sara Alvarez, for the entry of an order for permanent injunction, monetary relief, 

and other rel ief as to the Settling Defendants. 

On June 5, 2023, the FTC filed its Complaint for Permanent Injunction, Monetary 

Relief, and Other Relief pursuant to Sections 13(b) and 19 of the Federal Trade 

Commission Act ("FTC Act"), the Business Opportunity Rule, the Cooling-Off Rule, and 

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the Consumer Review Fairness Act (“CRFA”) and moved pursuant to Fed. R. Civ. P. 

65(b) for a temporary restraining order. 

The FTC and the Settling Defendants stipulate to the entry of this Stipulated 

Order for Permanent Injunction, Monetary Relief, and Other Relief (“Order”) to resolve 

all matters in dispute in this action between them. 

THEREFORE, IT IS STIPULATED AND ORDERED as follows: 

I. FINDINGS 

A. This Court has jurisdiction over this matter. 

B. The Complaint charges that Defendants participated in deceptive and 

unfair acts and practices in violation of Section 5 of the FTC Act, 15 U.S.C. § 45, the 

Business Opportunity Rule, the Cooling-Off Rule, and the CRFA in the advertising, 

marketing, and selling of workshops, mentoring, and business opportunities 

(“Defendants’ Products”) to consumers in this District and throughout the United States. 

C. The Settling 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, the Settling Defendants admit the facts necessary to establish jurisdiction. 

D. The Settling 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. 

E. The Settling Defendants and the FTC waive all rights to appeal or 

otherwise challenge or contest the validity of this Order. 

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II. DEFINITIONS 

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

A. “Alvarez Defendants” means Richard Alvarez and Sara Alvarez, 

individually, collectively, or in any combination. 

B. “Business Opportunity” means a commercial arrangement in which: 

1. A Seller solicits a prospective Purchaser to enter into a new 

business; and 

2. The prospective Purchaser makes a required payment; and 

3. The Seller, expressly or by implication, orally or in writing, 

represents that the Seller or one or more Designated Persons will: 

a. Provide locations for the use or operation of equipment, 

displays, vending machines, or similar devices, owned, 

leased, controlled, or paid for by the Purchaser; or 

b. Provide outlets, accounts, or customers, including, but not 

limited to, Internet outlets, accounts, or customers, for the 

Purchaser’s goods or services; or 

c. Buy back any or all of the goods or services that the 

Purchaser makes, produces, fabricates, grows, breeds, 

modifies, or provides, including, but not limited to, providing 

payment for such services as, for example, stuffing 

envelopes from the Purchaser’s home. 

C. “Corporate Defendants” means Vision Online, Inc., Ganadores IBR, Inc., 

Vision Online Digital, LLC, Vision Online English, LLC, Vision Online Latino, LLC, 

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and each of their subsidiaries, affiliates, successors, and assigns. 

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

Defendants, individually, collectively, or in any combination. 

E. “Designated Person” means any person, other than the Seller, whose 

goods or services the Seller suggests, recommends, or requires that the Purchaser use 

in establishing or operating a new business. 

F. “Document” is synonymous in meaning and equal in scope to the usage 

of “document” and “electronically stored information” in Federal Rule of Civil Procedure 

34(a), and includes writings, drawings, graphs, charts, photographs, sound and video 

recordings, images, Internet sites, web pages, websites, electronic correspondence, 

including e-mail and instant messages, contracts, accounting data, advertisements, FTP 

Logs, Server Access Logs, books, written or printed records, handwritten notes, 

telephone logs, telephone scripts, receipt books, ledgers, personal and business 

canceled checks and check registers, bank statements, appointment books, computer 

records, customer or sales databases and any other electronically stored information, 

including Documents located on remote servers or cloud computing systems, and other 

data or data compilations from which information can be obtained directly or, if 

necessary, after translation into a reasonably usable form. A draft or non-identical 

copy is a separate Document within the meaning of the term. 

G. “Earnings Claim(s)” means any representation, expressly or by implication, 

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 

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mathematical calculation that demonstrates possible results based upon a combination of 

variables; (b) any statements from which a prospective consumer 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”); (c) 

references to earning sufficient income to enable a prospective consumer to quit one’s job, 

no longer work, or live off income from the good or service sold; (d) any statements or 

claims regarding income made by representatives, endorsers, or instructors, including any 

reference to the aforementioned individuals making sufficient income to purchase a home, 

cars, boats, vacations, or travel; and (e) any representation of how much money a 

consumer could or would earn. 

H. “eCommerce Coaching Program” means any product or service, 

including any program or plan, including those that are Business Opportunities, that is 

represented, expressly or by implication, to coach, train, or teach a consumer or a 

Purchaser how to make money by establishing, operating, or improving an online store. 

This definition does not include books on eCommerce, in any form. 

I. “General Media” means all print, electronic, internet, social networking, 

radio, and other media outlets. 

J. “Individual Defendant(s)” means Richard Alvarez, Sara Alvarez, Robert 

Shemin, and Bryce Chamberlain, individually, collectively, or in any combination. 

K. “Investment Opportunity” means 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. 

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L. “Person” means any natural Person or any entity, corporation, 

partnership, or association of Persons. 

M. “Pictorial” includes pictures, photographs, video, illustrations, and 

symbols. 

N. “Prohibited Agreement Provision” means a contract provision used in 

the course of selling or leasing goods or services that: 

1. prohibits or restricts the ability of a Person who is a party to the 

contract to engage in a Relevant Communication; 

2. imposes a penalty or fee against a Person who is a party to the 

contract for engaging in a Relevant Communication; or 

3. transfers, or requires a Person who is a party to the contract to 

transfer, to any other Person any intellectual property rights in a 

Relevant Communication, with the exception of a non-exclusive 

license to lawfully use a Relevant Communication about a 

Defendant’s goods, services, or conduct. 

O. "Provide locations, outlets, accounts, or customers” means furnishing 

the prospective Purchaser with existing or potential locations, outlets, accounts, or 

customers; requiring, recommending, or suggesting one or more locators or lead 

generating companies; collecting a fee on behalf of one or more locators or lead 

generating companies; offering to furnish a list of locations; or otherwise assisting the 

prospective Purchaser in obtaining his or her own locations, outlets, accounts, or 

customers, provided, however, that advertising and general advice about business 

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development and training shall not be considered as “providing locations, outlets, 

accounts, or customers.” 

P. “Purchaser” means a Person who buys a Business Opportunity or 

Investment Opportunity. 

Q. “Real Estate Coaching Program” means any product or service, 

including any program or plan, including those that are Business Opportunities, that is 

represented, expressly or by implication, to train or teach a consumer how to make 

money through investing in or buying and selling real estate. This definition does not 

include books on real estate investing, in any form, 

R. “Receiver” means the Receiver appointed in Section XII of this Order and 

any deputy Receivers that shall be named by the Receiver. 

S. “Receivership Entities” means the Corporate Defendants; Xebec Group, 

LLC; XPI Investments, LLC; Key in Homes, LLC; Key in Properties, LLC; Oak Homes, 

LLC; and any other entity that has conducted any business related to the marketing or 

sale of Defendants’ Products, including receipt of assets derived from any activity that is 

the subject of the Complaint in this matter, and that the Receiver determines is 

controlled or owned by any Defendant as of the date of entry of this Order. 

T. “Relevant Communication” means a written, oral, or Pictorial review, 

performance assessment, or other similar analysis of goods or services, including 

conduct related to the goods or services. 

U. “Seller” means a Person who offers for sale or sells a Business 

Opportunity. 

V. “Settling Defendants” means the Corporate Defendants and 

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the Alvarez Defendants, individually, collectively, or in any combination. 

III. PROHIBITION CONCERNING ECOMMERCE COACHING PROGRAMS AND 

REAL ESTATE COACHING PROGRAMS 

The Settling Defendants are permanently restrained and enjoined from 

advertising, marketing, distributing, promoting, offering for sale, or selling, or assisting in 

the advertising, marketing, distributing, promoting, offering for sale, or selling, of any 

eCommerce Coaching Program or Real Estate Coaching Program, even if it also is a 

Business Opportunity. 

IV. PROHIBITION CONCERNING EARNINGS CLAIMS 

The Settling Defendants and their officers, agents, and employees, and all other 

persons in active concert or participation with them, who receive actual notice of this 

Order by personal service or otherwise, whether acting directly or indirectly, in 

connection with the advertising, marketing, promoting, or offering for sale of any goods 

or services, are permanently restrained and enjoined from making any Earnings Claim 

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

A. The Earnings Claim is non-misleading; 

B. At the time the Earnings Claim is made, the Settling Defendants: 

1. have a reasonable basis for the claim; 

2. have in their possession written materials that substantiate for 

the claimed earnings and that the claimed earnings are typical 

for consumers similarly situated to those to whom the claim is 

made; and 

3. make the written substantiation for Earnings Claims available upon 

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request to the consumer, potential Purchaser or investor, and the 

FTC; and 

C. Any earnings that form the basis for the Earnings Claims were 

achieved in compliance with the law. 

V. OTHER PROHIBITED BUSINESS PRACTICES 

The Settling Defendants and their officers, agents, and employees, and all other 

persons in active concert or participation with them, who receive actual notice of this 

Order by personal service or otherwise, whether acting directly or indirectly, in 

connection with the advertising, marketing, promoting, or offering for sale of any good 

or service, are permanently restrained and enjoined from: 

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

implication: 

1. That consumers will learn everything they need to know to make 

substantial income at a workshop or event; 

2. That a good or service: 

a. will allow consumers to earn thousands of dollars in profit 

without needing a significant amount of money, good credit, 

or legal immigration status to succeed; 

b. is offered only for a limited time, can be purchased only at a 

particular event, or is offered only to selected consumers 

who are vetted to ensure they will be successful; or 

c. provides consumers with personalized assistance from 

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experts or mentors. 

3. That the Settling Defendants need detailed financial information 

from consumers to determine if the consumers qualify for a 

good or service; 

4. That Purchasers will receive financing by purchasing a Business 

Opportunity or Investment Opportunity; or 

5. Any other fact material to consumers concerning a 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. 

B. Advising consumers to increase their credit card limit or apply for 

additional credit cards to finance the purchase of any Business Opportunity or 

Investment Opportunity; 

C. Failing to ensure that any testimonials the Settling Defendants use are 

truthful and non-misleading; 

D. Failing to disclose whether any positive reviews of, or testimonials about, 

a good or service have been from owners, officers, employees, or agents of the Person 

offering the good or service for sale; 

E. Providing consumers with any Documents in a language different from the 

one used to offer the good or service, including purchase agreements that outline the 

cancellation policy and include other material terms of purchase, provided, however, 

that Settling Defendants may provide documents to consumers in both English and the 

language of the offer simultaneously. 

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VI. PROHIBITION AGAINST VIOLATING THE DISCLOSURE REQUIREMENTS 

OF THE COOLING-OFF RULE 

The Settling Defendants and their officers, agents, and employees, and all other 

persons in active concert or participation with them, who receive actual notice of this 

Order by personal service or otherwise, whether acting directly or indirectly, in 

connection with the advertising, marketing, promoting, offering for sale, or selling, or 

assisting in the advertising, marketing, distributing, promoting, offering for sale, or 

selling, of any goods or services, are permanently restrained and enjoined from failing 

to: 

A. Furnish buyers with a fully completed receipt or copy of any contract 

pertaining to such sale at the time of its execution, which is in the same language as 

that principally used in the oral sales presentation provided, however, that nothing 

herein shall prohibit Settling Defendants from providing the aforementioned 

documents to buyers in multiple languages. 

B. Furnish a “NOTICE OF CANCELLATION” or “NOTICE OF RIGHT TO 

CANCEL” in duplicate, that buyers can use to cancel the transaction, in accordance 

with 16 C.F.R. § 429.1, and 

C. Orally inform buyers of their right to cancel the transaction. 

VII. PROHIBITIONS CONCERNING CONSUMER REVIEWS AND COMPLAINTS 

The Settling Defendants and their officers, agents, and employees, and all other 

persons in active concert or participation with them, who receive actual notice of this 

Order by personal service or otherwise, whether acting directly or indirectly, in 

connection with the advertising, marketing, promoting, offering for sale, or selling, or 

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assisting in the advertising, marketing, distributing, promoting, offering for sale, or 

selling, of any good or service, are permanently restrained and enjoined from: 

A. Prohibiting or restricting individual consumers’ ability to communicate 

reviews, performance assessments, and similar analyses about goods, services, or 

conduct they have purchased; 

B. Imposing a penalty or fee against individual consumers who engage in 

such communications; 

C. Suppressing the availability of truthful or non-defamatory negative 

comments or reviews of any Settling Defendants, or any of the Settling Defendants’ 

goods or services, agents, or employees through any means, including threats, 

intimidation, non-disparagement clauses, conditioning refunds, and suppression of 

online content; 

D. Offering to any prospective customer a contract, or offering to any 

customer a renewal contract, that includes a Prohibited Agreement Provision; 

E. Requiring that a customer accept a Prohibited Agreement Provision as 

a condition of a Settling Defendant’s fulfillment of its obligations under a customer 

contract; or 

F. Requiring that a customer accept a Prohibited Agreement Provision as a 

condition of a receiving a refund or a Settling Defendant not opposing a chargeback; or 

G. Representing, including through any notice, warning, threat to enforce, or 

attempt to enforce, to any purchaser of any good or service — regardless of when 

purchased — that any contract: 

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1. Prohibits consumers from speaking about or publishing truthful or 

non-defamatory negative comments or reviews about any Settling 

Defendant, or any Settling Defendant’s goods, services, agents, or 

employees; or 

2. Imposes any precondition, penalty, or fee on consumers speaking 

about or publishing any comments or reviews about any Settling 

Defendant, or any Settling Defendant’s goods, services, agents, or 

employees. 

Nothing in this Section shall require a Settling Defendant to publish or host the content 

of any person, affect any other legal duty of a party to a contract, or affect any cause of 

action arising from the breach of such duty. 

VIII. MONETARY RELIEF 

A. Judgment in the amount of Twenty-Nine Million One Hundred and 

Seventy-Five Thousand Dollars ($29,175,000) is entered in favor of the Commission 

against the Settling Defendants, jointly and severally, as monetary relief. Settling 

Defendants are ordered to surrender all funds and assets of the Receivership Entities 

and all funds and assets listed in Table 1 below to the Commission or its 

representative or agent. To the extent not already in possession of the Receiver, the 

Alvarez Defendants shall deliver to the possession of the Receiver any assets 

identified in Table 1 within 7 days of the entry of this order. Settling Defendants shall 

cooperate in good faith with the FTC to effectuate these transfers, and shall, if 

needed, execute such documents as are necessary to remit the entire balance of 

each account to the Commission. 

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B. For the financial institution accounts listed in Table 1, the financial 

institutions identified shall within five (5) days of the entry of this Order remit (1) the 

entire balance of each account listed in Table 1; and (2) $284,998 from Wells Fargo 

Bank account number X0452 in the name of Richard & Sara Alvarez to the 

Commission by electronic fund transfer in accordance with instructions previously 

provided by a representative of the Commission. 

Table 1: Assets and Interests to be Surrendered 

Bank/Financial Accounts 

Name of Account Institution Account 

Number 

Amount* 

Richard Alvarez, LLC Wells Fargo X2796 $283,551.00 

RSA Ventures Wells Fargo X0856 $5,161.24 

Richard & Sara Alvarez Wells Fargo X2289 $419.44 

Richard & Sara Alvarez Northwestern 

Mutual 

X2457 $241,118.63 

Cash from Safety Deposit Box Wells Fargo $60,000 

Richard Alvarez IRA Northwestern 

Mutual

 $131,239.27 

Sara Alvarez IRA Northwestern 

Mutual 

$37,116.67 

Property Interests to Be 

Surrendered 

Location Identified Value 

Appliances purchased for Key 

in Homes LLC 

52 Ave Muñoz Rivera, Apt. 1802, 

Condominio Aquablue, San Juan PR, 

00917 

$3,989 

Furniture purchased for Key in 

Homes LLC 

802 Calle Aguamarina, Isabela, 

00662, Puerto Rico 

$18,989 

Improvements to property 

owned by Key In Properties 

LLC 

Calle Julio Flores 96 A, Bo. Sardinera, 

Fajardo, PR 00738 

$126,031.06 

American Express Business 

Platinum Payment on behalf of 

Vision Online Inc. 

Account ending 5-16004 $5,028 

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Personal Property to Be

Surrendered 

Where Identified Identified Value 

2021 Ford F-250 June 23, 2023 Financial Disclosure of 

R. Alvarez 

$70,000 

Hublot Classic Fusion watch August 2, 2023 Letter $10,820 

Women’s Breitling watch August 2, 2023 Letter $3,400 

* Approximate amount or likely net value after fees or penalties. 

C. Upon the payment described in Section VIII.B and the completion of 

authorizations to enable all transfers described in Section VIII.A, the remainder of the 

judgment is suspended, subject to the Subsections below. 

D. The Commission’s agreement to the suspension of part of the judgment is 

expressly premised upon the truthfulness, accuracy, and completeness of Settling 

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

Attestations”) submitted to the Commission, namely: 

1. the Financial Statement of Individual Defendant Richard Alvarez 

signed on June 23, 2023, including the attachments and 

supplements; 

2. the Financial Statement of Individual Defendant Sara Alvarez 

signed on June 23, 2023, including the attachments and 

supplements; 

3. the Financial Statement of Vision Online, Inc. signed by Ivan 

Reybel Arista, CFO on June 23, 2023, including the attachments 

and supplements; 

4. the Financial Statement of Ganadores IBR, Inc. signed by Richard 

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Alvarez, CEO on June 23, 2023, including the attachments; 

5. the Financial Statement of Vision Online Digital, LLC signed by 

Richard Alvarez, CEO on June 23, 2023, including the attachments; 

6. the Financial Statement of Vision Online English, LLC signed by 

Richard Alvarez, CEO on June 23, 2023, including the attachments; 

7. the Financial Statement of Vision Online Latino, LLC signed by 

Richard Alvarez, CEO on June 23, 2023, including the attachments; 

8. the additional information submitted by email from the Alvarez 

Defendants’ counsel Meghan Stoppel to the Commission on July 

19, 2023, regarding Key Link Properties, LLC; 

9. the additional documentation submitted by letter from the Alvarez 

Defendants’ counsel Meghan Stoppel to the Commission dated 

August 2, 2023, listing various personal property owned by Richard 

and Sara Alvarez; 

10. the additional information submitted by email from the Alvarez 

Defendants’ counsel Meghan Stoppel to the Commission on 

August 4, 2023, regarding certain bank accounts and credit cards 

held by Richard and Sara Alvarez; and 

11. the additional information submitted by email from the Alvarez 

Defendants’ counsel Meghan Stoppel to the Commission on 

August 16, 2023, regarding Puerto Rico Car Rental, LLC. 

E. The suspension of the judgment will be lifted as to any Settling Defendant 

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if, upon motion by the Commission, the Court finds that Settling 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. 

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

immediately due as to that Settling Defendant in the amount specified in Subsection A 

above (which the parties stipulate only for purposes of this Section represents the 

consumer injury alleged in the Complaint), less any payment previously made pursuant 

to this Section, plus interest computed from the date of entry of this Order. 

IX. ADDITIONAL MONETARY PROVISIONS 

A. Settling 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 against Settling Defendants 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 against Settling Defendants 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. 

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D. Settling Defendants acknowledge that their Taxpayer Identification 

Numbers (Social Security Numbers or Employer Identification Numbers), which 

Defendants previously submitted to the Commission, may be used for collecting and 

reporting on any delinquent amount arising out of this Order, in accordance with 31 

U.S.C. §7701. 

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

deposited into a fund administered by the Commission or its designee to be used for 

consumer relief, such as redress and any attendant expenses for the administration of 

any redress fund. If a representative of the Commission decides that direct redress to 

consumers is wholly or partially impracticable or money remains after such redress is 

completed, the Commission may apply any remaining money for such related relief 

(including consumer information remedies) as it determines to be reasonably related 

to Defendants’ practices alleged in the Complaint. Any money not used for relief is to 

be deposited to the U.S. Treasury. Settling Defendants have no right to challenge any 

actions the Commission or its representatives may take pursuant to this Subsection. 

F. The asset freeze imposed by the July 18, 2023 Preliminary Injunction 

Order [ECF No. 52], is modified to permit the payment and transfers identified in 

Sections VIII.B and VIII.C above. Upon completion of those payment and transfers, 

the asset freeze as to Settling Defendants is dissolved. Any existing asset freeze as 

to the remaining non-settling Defendants shall remain in full force and effect. 

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X. CUSTOMER INFORMATION 

The Settling Defendants and their officers, agents, and employees, and all other 

persons in active concert or participation with them, who receive actual notice of this 

Order by personal service or otherwise, are permanently restrained and enjoined from 

directly or indirectly: 

A. Failing to provide sufficient customer information to enable the 

Commission to efficiently administer consumer redress. If a representative of the 

Commission requests in writing any information related to redress, Settling Defendants 

must provide it, in the form prescribed by the Commission, within 14 days to the extent 

such information is in their custody, possession or control. 

B. Disclosing, using, or benefitting from 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 account 

(including a credit card, bank account, or other financial account), that any Settling 

Defendant obtained prior to entry of this Order in connection with the advertising, 

marketing, promoting, offering for sale, or selling of Defendants’ Products; and 

C. Failing to destroy such customer information in all forms in their 

possession, custody, or control within 30 days after receipt of written direction to do so 

from a representative of the Commission. 

Provided, however, that (1) customer information need not be disposed of, and 

may be disclosed, to the extent requested by a government agency or required by law, 

regulation, or court order; and (2) the Receiver shall provide sufficient customer 

information to enable the Commission to efficiently administer consumer redress, and if 

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a representative of the Commission requests in writing any information related to 

refunds, the Receiver must provide it, in the form prescribed by the Commission, within 

14 days. 

XI. COOPERATION 

Richard Alvarez and Sara Alvarez must fully cooperate with representatives of 

the Commission in this case and in any Commission investigation related to or 

associated with the transactions or the occurrences that are the subject of the 

Complaint. Richard Alvarez and Sara Alvarez must provide truthful and complete 

information, evidence, and testimony. Richard Alvarez and Sara Alvarez 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. 

XII. APPOINTMENT OF RECEIVER TO LIQUIDATE THE ASSETS OF THE 

RECEIVERSHIP ENTITIES, WIND DOWN THE CORPORATE DEFENDANTS 

AND DESTROY CUSTOMER INFORMATION 

Mark J. Bernet has been appointed as Receiver of the Receivership Entities 

and any of their affiliates, subsidiaries, successors, and assigns, wherever located, with 

the full powers of an equity receiver. The Receiver shall continue to be solely the 

agent of this Court in acting as Receiver under this Order, and shall be accountable 

directly to this Court until such time as his obligations as set forth below are complete. 

The Receiver is responsible for taking the necessary steps to liquidate the 

assets of the Receivership Entities, pay any net proceeds to the Commission to satisfy 

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the monetary judgment in this order, and wind down the Receivership Entities. The 

Receiver must complete all duties listed in this order within 210 days after entry of this 

Order but any party or the Receiver may request that the Court extend the Receiver’s 

term for good cause. The Receiver shall have the following duties and authority: 

A. Full control of the Receivership Entities, including the ability to remove, 

as the Receiver deems necessary or advisable, any director, officer, independent 

contractor, employee, attorney, or agent of any Receivership Entity from control of, 

management of, or participation in, the affairs of the Receivership Entity; 

B. Exclusive custody, control, and possession of all assets and Documents 

of, or in the possession, custody, or under the control of, any Receivership Entity, 

wherever situated; 

C. Perform all acts necessary to protect, conserve, preserve, and prevent 

waste or dissipation of the Receivership Entities’ assets until their sale; 

D. Sell the nonliquidated Receivership Entities’ assets and nonliquidated 

assets surrendered by the Settling Defendants pursuant to Section IX.C above using 

commercially-reasonable procedure without further order of the court; 

E. Enter into agreements in connection with the reasonable and necessary 

performance of the Receiver's duty to sell the Receivership Entities’ assets, including, 

but not limited to, the retention of assistants, agents, or other professionals to assist in 

the sale of these assets; 

F. Distribute to the FTC, without further order of the court, the funds received 

from the sale of the Receivership Entities’ assets; 

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G. Take any and all steps that the Receiver concludes are appropriate to 

wind down the Receivership Entities; 

H. Store and secure the Corporate Defendants’ electronically stored 

information (“ESI”) until either a stipulation of all remaining parties in this proceeding or 

pursuant to court order. The Receiver is authorized to use up to $30,000 of 

Receivership funds to pay for the storing, securing, and destruction of the Corporate 

Defendants' ESI. 

I. Take exclusive custody, control, and possession of all Documents or assets 

associated with credits, debits, or charges made on behalf of any Receivership Entity, 

wherever situated, including reserve funds held by payment processors, credit card 

processors, merchant banks, acquiring banks, independent sales organizations, third 

party processors, payment gateways, insurance companies, or other entities; 

J. Conserve, hold, manage, and prevent the loss of all assets of the 

Receivership Entities, and perform all acts necessary or advisable to preserve the value 

of those assets. The Receiver shall assume control over the income and profits 

therefrom and all sums of money now or hereafter due or owing to the Receivership 

Entities. The Receiver shall have full power to sue for, collect, and receive, all assets 

of the Receivership Entities and of other persons or entities whose interests are now 

under the direction, possession, custody, or control of, the Receivership Entities. 

Provided, however, that the Receiver shall not attempt to collect any amount from a 

consumer if the Receiver believes the consumer’s debt to the Receivership Entities has 

resulted from the deceptive acts or practices or other violations of law alleged in the 

Complaint in this matter, without prior Court approval; 

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K. Choose, engage, and employ attorneys, accountants, appraisers, and 

other independent contractors and technical specialists, as the Receiver deems 

advisable or necessary in the performance of duties and responsibilities under the 

authority granted by this Order; 

L. Make payments and disbursements from the receivership estate that are 

necessary or advisable for carrying out the directions of, or exercising the authority 

granted by, this Order, and to incur, or authorize the making of, such agreements as 

may be necessary and advisable in discharging his or her duties as Receiver. 

M. Take all steps necessary to prevent the modification, destruction, or 

erasure of any web page or website registered to and operated, in whole or in part, by 

any Defendants, and to provide access to all such web page or websites to Plaintiff’s 

representatives, agents, and assistants, as well as Defendants and their 

representatives; 

N. Enter into and cancel contracts and purchase insurance as advisable or 

necessary; 

O. Prevent the inequitable distribution of assets and determine, adjust, and 

protect the interests of consumers who have transacted business with the Receivership 

Entities; 

P. Institute, compromise, adjust, appear in, intervene in, defend, dispose of, 

or otherwise become party to any legal action in state, federal or foreign courts or 

arbitration proceedings as the Receiver deems necessary and advisable to preserve or 

recover the assets of the Receivership Entities, or to carry out the Receiver’s mandate 

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under this Order, including but not limited to, actions challenging fraudulent or voidable 

transfers; 

Q. Issue subpoenas to obtain Documents and records pertaining to the 

Receivership, and conduct discovery in this action on behalf of the receivership estate; 

R. Maintain or open one or more bank accounts at designated depositories for 

funds of the Receivership Entities. The Receiver shall deposit all funds of the 

Receivership Entities in such designated accounts and shall make all payments and 

disbursements from the receivership estate from such accounts. The Receiver shall serve copies 

of monthly account statements on all parties; 

S. Maintain accurate records of all receipts and expenditures incurred as 

Receiver; 

T. Cooperate with reasonable requests for information or assistance from 

any state or federal civil or criminal law enforcement agency. 

XIII. COMPENSATION FOR THE RECEIVER 

The Receiver and all personnel hired by the Receiver, as herein authorized, 

including counsel to the Receiver and accountants, are entitled to reasonable 

compensation for the performance of duties pursuant to this Order and for the cost of 

actual out-of-pocket expenses incurred by them, from the assets now held by, in the 

possession or control of, or which may be received by, the Receivership Entities. The 

Receiver shall file with the Court and serve on the parties periodic requests for the 

payment of such reasonable compensation, with the first such request filed no more than 

sixty days after the date of entry of this Order. The Receiver shall not increase the hourly 

rates used as the bases for such fee applications without prior approval of the Court. 

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XIV. RECEIVER'S FINAL REPORT AND DISBURSEMENT OF ASSETS 

It is further ordered that: 

A. The Receiver shall liquidate the assets of the Receivership Entities, other 

than the ESI, as soon as practicable. No later than 240 days from the date of the entry 

of this Order, the Receiver shall file and serve on the parties a report (the "Final Report 

of the Receiver") to the Court that details the steps taken to dissolve the Receivership 

Entities’ estate. The Final Report of the Receiver shall include an accounting of the 

Receivership Entities’ estate's finances and total assets and a description of what other 

actions, if any, must be taken to wind down the Receivership. The Receiver shall mail 

copies of the Final Report of the Receiver to all known creditors of the Receivership 

Entities with a notice stating that any objections to paying any assets of the 

Receivership Entities to satisfy the Receiver's costs and expenses and the monetary 

judgment set forth in this Order must be submitted to the Court and served by mail upon 

the Receiver and the parties within thirty (30) days of the mailing of the Final Report of 

the Receiver. If subsequent actions (such as the completion of tax returns or further 

actions to recover funds for the Receivership Entities’ estate) are appropriate, the 

Receiver shall file an additional report or reports ("Supplemental Report") describing the 

subsequent actions and a subsequent application for the payment of fees and expenses 

related to the subsequent acts. 

B. The Court will review the Final Report of the Receiver and any objections 

to the Final Report of the Receiver and, absent a valid objection, will issue an order 

directing the Receiver to: (1) pay the reasonable costs and expenses of administering 

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the Receivership Entities’ estate, including the compensation of the Receiver and the 

Receiver's personnel authorized by Section XIV of this Order or other orders of this 

Court, and the actual out-of-pocket costs incurred by the Receiver in carrying-out his 

duties; and (2) pay all remaining funds to the FTC as partial satisfaction of the 

judgment. 

C. With Court approval, the Receiver may hold back funds for a specified 

period as a reserve to cover additional fees and costs related to actions to be 

addressed in a Supplemental Report. If the Receiver does not make a supplemental 

application for fees and expenses within the specified period, or if funds remain in the 

reserve fund after the payments of fees and expenses approved by the Court in 

response to such a supplemental application, all funds remaining in the reserve fund 

shall be immediately paid to the FTC or their designated agent. 

D. Upon Court approval of the Final Report, the Clerk of the Court is directed 

to return the Receiver's bond in the amount of $10,000 filed in this action as a requisite 

pursuant to the July 18, 2023 Preliminary Injunction Order [ECF 52]. 

XV. ORDER ACKNOWLEDGMENTS 

The Settling Defendants shall obtain acknowledgments of receipt of this Order as 

follows: 

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

to the Commission an acknowledgment of receipt of this Order sworn under penalty of 

perjury. 

B. For 5 years after entry of this Order, the Alvarez Defendants for any 

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business that the Alvarez Defendants, individually or collectively with any other person, 

is the majority owner or controls directly or indirectly, and each Corporate Defendant, 

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

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

conduct related to the subject matter of the Order and all agents and representatives 

who participate in conduct related to the subject matter of the Order; and (3) any 

business entity resulting from any change in structure as set forth in the Section titled 

Compliance Reporting. Delivery must occur within 7 days of entry of this Order for 

current personnel. For all others, delivery must occur before they assume their 

responsibilities. 

C. From each individual or entity to which a Settling Defendant delivered a 

copy of this Order, that Settling Defendant must obtain, within 30 days, a signed and 

dated acknowledgment of receipt of this Order. 

XVI. COMPLIANCE REPORTING 

Settling Defendants shall make timely submissions to the Commission as follows: 

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

compliance report, sworn under penalty of perjury: 

1. Each Settling Defendant 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 the Settling Defendant; 

(b) identify all of that Settling 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 or services offered, the means of advertising, 

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marketing, and sales, and the involvement of any other Defendant (which the Alvarez 

Defendants must describe if they know or should know due to their own involvement); (d) 

describe in detail whether and how that Defendant is in compliance with each Section of 

this Order; and (e) provide a copy of each Order Acknowledgment obtained pursuant to 

this Order, unless previously submitted to the Commission. 

2. Additionally, each Alvarez 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. 

B. For 10 years after entry of this Order, each Settling Defendant must 

submit a compliance notice, sworn under penalty of perjury, within 14 days of any 

change in the following: 

1. Each Settling Defendant must report any change in: (a) any 

designated point of contact; or (b) the structure of any Corporate Defendant or any 

entity that the Settling Defendant has any ownership interest in or controls directly or 

indirectly that may affect compliance obligations arising under this Order, including: 

creation, merger, sale, or dissolution of the entity or any subsidiary, parent, or affiliate 

that engages in any acts or practices subject to this Order. 

2. Additionally, each Alvarez Defendant must report any change in: 

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

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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. 

C. Each Settling 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. Vision Online, et al, X230023. 

XVII. RECORDKEEPING 

Settling Defendants shall create the following records for 10 years after entry of 

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

Defendants and the Alvarez Defendants for any business that such Settling Defendant, 

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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. a copy of each unique advertisement or other marketing material 

disseminated to consumers; 

E. recordings of any live presentations to groups of consumers; and 

F. all records necessary to demonstrate full compliance with each provision 

of this Order, including all submissions to the Commission. 

XVIII. COMPLIANCE MONITORING 

For the purpose of monitoring Settling Defendants’ compliance with this Order, 

including the Financial Attestations upon which part of the judgment was suspended 

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

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

Commission, each Settling 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 is 

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

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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 each Settling Defendant. Settling Defendants must permit 

representatives of the Commission 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 may use all other lawful means, including posing, 

through its representatives as consumers, suppliers, or other individuals or entities, to 

Settling Defendants or any individual or entity affiliated with Settling 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, any 

consumer reporting agency must furnish consumer reports concerning the Alvarez 

Defendants, pursuant to Section 604(1) of the Fair Credit Reporting Act, 15 U.S.C. 

§1681b(a)(1). 

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January 12, 2024

 

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XIX. RETENTION OF JURISDICTION 

This Court shall retain jurisdiction of this matter for purposes of construction, 

modification, and enforcement of this Order. 

SO ORDERED, this day of , 2023. 

WENDY W. BERGER 

UNITED STATES DISTRICT JUDGE 

SO STIPULATED AND AGREED: 

FOR FEDERAL TRADE COMMISSION 

Date: 

J. Ronald Brooke, Jr. 

Virginia Rosa 

Attorneys 

Federal Trade Commission 

Division of Marketing Practices 

600 Pennsylvania Ave, NW 

Mailstop CC-6316 

Washington, DC 20580 

(202) 326-3068 / vrosa@ftc.gov 

(202) 326-3484 / jbrooke@ftc.gov 

(202) 326-3395 (fax) 

Attorneys for Plaintiff 

Federal Trade Commission 

32 
/s/ Mark J. Bernet 1/12/2024

 

 

 

 

 

 

Case 6:23-cv-01041-WWB-DCI Document 114-1 Filed 01/17/24 Page 33 of 33 PageID 4775 

FOR ALVAREZ DEFENDANTS: 

Date: 

Meghan Stoppel 

11/01/23

Nicole Sprinzen 

Cozen O’Connor 

707 17th Street, Suite 3100 

Denver, CO 80202 

phone (720) 479-3880 

fax (720) 539-7882 

MStoppel@cozen.com 

NSprinzen@cozen.com 

Counsel for Richard Alvarez and Sara Alvarez 

DEFENDANTS: 

Richard Alvarez 

Date: 

RICHARD ALVAREZ 

10/31/23

Sara Alvarez 

Date: 

SARA ALVAREZ 

FOR CORPORATE DEFENDANTS: 

Date: 

Mark J. Bernet (606359) 

mark.bernet@akerman.com 

Akerman LLP 

401 E. Jackson St., Ste. 1700 

Tampa, Florida 33602 

Telephone: 813-223-7333 

10/31/23

Court-Appointed Receiver over Vision Online, Inc., Ganadores IBR, Inc., 

Vision Online Digital, LLC, Vision Online English, LLC, and Vision Online Latino, LLC 

33