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Case 4:20-cv-00110-DMR Document 1 Filed 01/06/20 Page 1 of 15 

JOSEPH H. HUNT 

Assistant Attorney General, Civil Division 

United States Department of Justice 

DAVID M. MORRELL 

Deputy Assistant Attorney General 

GUSTAV W. EYLER 

Director, Consumer Protection Branch 

SPEARE I. HODGES 

Trial Attorney, Consumer Protection Branch 

450 5th Street NW, Suite 6400S 

Washington, DC 20044 

(202) 532-0295 

Speare.I.Hodges@usdoj.gov 

ROBIN L. WETHERILL 

Federal Trade Commission 

Division of Privacy and Identity Protection 

Bureau of Consumer Protection 

Federal Trade Commission 

600 Pennsylvania Avenue, N.W. 

Washington, D.C. 20580 

(202) 326-2220 

rwetherill@ftc.gov 

DAVID LINCICUM 

Federal Trade Commission 

Division of Privacy and Identity Protection 

Bureau of Consumer Protection 

Federal Trade Commission 

600 Pennsylvania Avenue, N.W. 

Washington, D.C. 20580 

(202) 326-2773 

dlincicum@ftc.gov 

Attorney for Plaintiff 

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Case 4:20-cv-00110-DMR Document 1 Filed 01/06/20 Page 2 of 15 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

OAKLAND DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff, 

v. 

MORTGAGE SOLUTIONS FCS, INC., a 

corporation, also d/b/a Mount Diablo 

Lending, 

and 

RAMON WALKER, individually and as 

an officer of Mortgage Solutions FCS, Inc., 

Defendants. 

Case No. 4:20-cv-110 

COMPLAINT FOR PERMANENT 

INJUNCTION, CIVIL PENALTIES, AND 

OTHER EQUITABLE RELIEF 

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

Attorney General by the Federal Trade Commission (“FTC”), pursuant to Section 16(a)(1) of 

the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. § 56(a)(1), for its Complaint 

alleges: 

1. Plaintiff brings this action under Section 13(b) of the Federal Trade Commission 

Act (“FTC Act”), 15 U.S.C. §53(b), and Section 621(a) of the Fair Credit Reporting Act 

(“FCRA”), 15 U.S.C. § 1681s(a), to obtain civil penalties, permanent injunctive relief, and other 

equitable relief for Defendants’ acts or practices in violation of Section 5(a) of the FTC Act, 15 

U.S.C. § 45(a); in violation of the FCRA, 15 U.S.C. §§ 1681–1681x; in violation of the rule 

regarding the Privacy of Consumer Financial Information (“Regulation P”), 12 C.F.R. Part 

1016, issued pursuant to Title V, Subtitle A, of the Gramm-Leach-Bliley Act (“GLB Act”), 15 

U.S.C. §§ 6801-6804; and in violation of the rule regarding the Standards for Safeguarding 

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Case 4:20-cv-00110-DMR Document 1 Filed 01/06/20 Page 3 of 15 

Customer Information (“Safeguards Rule”), 16 C.F.R. Part 314, issued pursuant to Title V, 

Subtitle A, of the Gramm-Leach-Bliley Act (“GLB Act”), 15 U.S.C. §§ 6801(b), 6805(b)(2). 

JURISDICTION AND VENUE 

2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1337(a), 

1345, and 1355. 

3. Venue is proper in this District under 28 U.S.C. § 1391(b)(1), (b)(2), (c)(1), 

(c)(2), and 1395(a), and 15 U.S.C. § 53(b). 

INTRADISTRICT ASSIGNMENT 

4. The conduct at issue in this action took place in substantial part in Contra Costa 

County. 

PLAINTIFF 

5. This action is brought by the United States of America on behalf of the FTC. The 

FTC is an independent agency of the United States Government created by statute. 15 U.S.C. 

§§ 41-58. The FTC is charged, inter alia, with enforcing Section 5(a) of the FTC Act, 15 U.S.C. 

§ 45(a), which prohibits unfair or deceptive acts or practices in or affecting commerce, and the 

FCRA, 15 U.S.C. §§ 1681-1681x, which protects the privacy of consumer financial information 

by limiting the provision and use of consumer credit reports. The FTC also enforces the 

Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809, and implementing regulations, including 

the Safeguards Rule, 16 C.F.R. Part 314, and Regulation P, 12 C.F.R. Part 1016. 

DEFENDANTS 

6. Defendant Mortgage Solutions FCS, Inc. (“Mortgage Solutions”), also doing

business as Mount Diablo Lending, is a California corporation with its principal place of 

business at 2700 Ygnacio Valley Road, Suite 255, Walnut Creek, California 94598. Mortgage 

Solutions transacts or has transacted business in this District. 

7. Defendant Ramon Walker is the owner and sole officer of Mortgage Solutions. At 

all times material to this Complaint, acting alone or in concert with others, he has formulated, 

directed, controlled, had the authority to control, or participated in the acts and practices of 

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Case 4:20-cv-00110-DMR Document 1 Filed 01/06/20 Page 4 of 15 

Mortgage Solutions set forth in this Complaint. Defendant Walker resides in this District and, in 

connection with the matters alleged herein, transacts or has transacted business in this District. 

COMMERCE 

8. At all times material to this Complaint, Defendants have maintained a substantial 

course of trade in or affecting commerce, as “commerce” is defined in Section 4

of the FTC Act, 15 U.S.C. § 44. 

DEFENDANTS’ BUSINESS ACTIVITIES

9. Mortgage Solutions is a mortgage broker, serving as an intermediary between 

residential mortgage lenders and prospective borrowers. Consumers seeking to obtain mortgage 

financing submit loan applications through Mortgage Solutions, which then shops the 

applications around to various lenders. Lenders who choose to extend credit to a Mortgage 

Solutions customer compensate Mortgage Solutions at rates ranging from 1% to 1.5% of the 

amount of the offered loan. 

10. Mortgage Solutions collects and maintains sensitive personal financial 

information from its customers and prospective customers, including names, Social Security 

numbers, dates of birth, income information, and credit history. Mortgage Solutions obtains 

personal financial information directly from its customers and also by obtaining and reviewing 

customers’ consumer credit reports.

11. Between approximately June 2015 and August 2016, Defendant Walker, on 

behalf of Defendant Mortgage Solutions, published or caused to be published responses (the 

“Yelp responses”) to negative consumer reviews about his services that appeared on the

consumer review website Yelp.com. 

12. In numerous instances, the Yelp responses, which are publicly viewable on the 

Yelp.com page for Mount Diablo Lending, contain personal information about the customers to 

whose reviews Walker responded, including but not limited to information about the 

consumers’ sources of income, debt-to-income ratios, credit history, taxes, family relationships, 

and health. For example, the Yelp responses contain the following statements: 

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Case 4:20-cv-00110-DMR Document 1 Filed 01/06/20 Page 5 of 15 

a. “The truth of the matter is you didn’t have one late 2 years ago. Your credit report 

shows 4 late payments from the Capital One account, 1 late from Comenity Bank 

which is Pier 1, another late from Credit First Bank, 3 late payments from an 

account named SanMateo. Not to mention the mortgage lates. All of these late 

payments are having an enormous negative impact on your credit score. Ty could 

not have known all of these negative items were on your credit report from the 

initial conversation.”

b. “The high debt to income ratio was caused by this borrower cosigning on multiple

mortgages for his children. The borrower was also self employed and took high 

deductions from his business.”

c. “His mother-in-law was on title but not on the new loan. The new loan was only 

going to be in his and his wife’s name. This was a cash out loan, he was 

supposedly using the funds to pay off his kids Med School bills. The notary that 

sat down to sign was concerned the mother-in-law who was signing her rights off 

of the property had dementia. This was never mentioned to us throughout the 

whole process....The funny thing is he admitted to me in one of our final 

conversations that his mother-in-law actually did have a ‘slight’ case of dementia. 

OK SO WHAT THE NOTARY SAID IS TRUE!!!! The title company did try to 

work with him by saying if he could get a letter from a doctor stating his motherin-law was aware of what she was signing we could proceed. He didn’t want to go 

that route, evidently she doesn’t have the capacity to understand she is signing

away her rights to the property.... I know you feel entitled to the funds from your 

mothers house as you clearly stated to me but unfortunately that is not the way the 

law works and there is nothing my company can do about it.”

13. In numerous instances, in the Yelp responses, Defendants disclosed the reviewing 

consumers’ first and last names. Even where Defendants did not disclose reviewing consumers’

first and last names, however, the consumers are readily identifiable by users of the site, 

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Case 4:20-cv-00110-DMR Document 1 Filed 01/06/20 Page 6 of 15 

including reviewers’ friends, family, and acquaintances. Several reviewing consumers’ Yelp 

profiles include photographs and links to the consumers’ other Yelp reviews. 

14. As described below, Defendants’ posting of negative financial information about 

consumers on Yelp, and their failures to provide adequate privacy notices or data security, 

violated their responsibilities under Regulation P, 12 C.F.R. § 1016.4(a), the Safeguards Rule, 

16 C.F.R. Part 314, the Fair Credit Reporting Act, 15 U.S.C. § 1681b(f), and Section 5 of the 

FTC Act, 15 U.S.C. § 45. 

REGULATION P 

15. The Privacy Rule, which implemented Sections 501-509 of the GLB Act, 15 

U.S.C. §§ 6801-6809, was originally promulgated by the FTC on May 24, 2000, and became 

effective on July 1, 2001. In 2010, the Dodd-Frank Act consolidated most Privacy Rule–related 

rulemaking authority under the GLB Act in the Consumer Financial Protection Bureau 

(“CFPB”). The CFPB then restated the implementing regulations in Regulation P, 12 CFR part 

1016, in late 2011 (“Regulation P”). The GLB Act authorizes both the CFPB and the FTC to 

enforce Regulation P. 15 U.S.C. § 6805. 

16. Regulation P requires a financial institution to provide, no later than when a 

customer relationship arises and annually for the duration of that relationship, a clear and 

conspicuous notice to customers that accurately reflects the financial institution’s privacy

policies and practices, including its security policies and practices. 12 C.F.R. §§ 1016.4-1016.6. 

17. The privacy notice must include specified elements, including the categories of 

nonpublic personal information the financial institution collects and discloses, the categories of 

third parties to whom the financial institution discloses the information, and the security and 

confidentiality policies of the financial institution. 12 C.F.R. § 1016.6 

18. Mortgage Solutions is a “financial institution,” as defined in Section 509(3)(A) of

the GLB Act, 15 U.S.C. § 6809(3)(A), and is subject to FTC enforcement of Regulation P 

pursuant to Section 505 of the GLB Act, 15 U.S.C. § 6805(a)(7), and 12 C.F.R. § 1016.3(l)(3). 

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Case 4:20-cv-00110-DMR Document 1 Filed 01/06/20 Page 7 of 15 

19. From October 2012 until April 2018, Mortgage Solutions disseminated or caused 

to be disseminated to its customers and prospective customers a privacy notice (the “2012 

Notice”), attached hereto as Exhibit A.

20. The 2012 Notice omits or misstates significant information that is required to be 

disclosed under Regulation P. Among other things, the 2012 Notice indicates that the only 

personal information collected by Mortgage Solutions is customers’ Social Security numbers 

and that Mortgage Solutions does not share this personal information with any third party for 

any reason. Defendants’ posting of negative customer information on Yelp caused the 2012 

Notice to be inaccurate, and thus, in violation of Regulation P. 

21. Generally, Regulation P also prohibits a financial institution from disclosing to 

any nonaffiliated third party any nonpublic personal information about a customer unless the 

financial institution has provided the customer with an opt out notice, the financial institution 

has given the consumer a reasonable opportunity to opt out of the disclosure, and the consumer 

has not opted out. 12 C.F.R. § 1016.4 and 1016.10(a)(1). 

22. Customers were not provided with any opportunity to opt out of disclosure of 

their personal financial information in response to online consumer reviews, in violation of 

Regulation P. 

USE OF CONSUMER REPORT INFORMATION 

23. The FCRA was enacted in 1970, became effective on April 25, 1971, and has 

been in force since that date. The Fair and Accurate Credit Transactions Act (“the FACT Act”)

amended the FCRA in December 2003, and the Dodd-Frank Act amended the FCRA in July 

2010. 

24. Section 621 of the FCRA, 15 U.S.C. § 1681s, authorizes the FTC to use all of its 

functions and powers under the FTC Act to enforce compliance with the FCRA by all persons 

subject thereto except to the extent that enforcement specifically is committed to some other 

governmental agency, irrespective of whether the person is engaged in commerce or meets any 

other jurisdictional tests set forth by the FTC Act. 

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Case 4:20-cv-00110-DMR Document 1 Filed 01/06/20 Page 8 of 15 

25. Defendant Mortgage Solutions regularly obtains and uses “consumer reports” as 

they are defined by section 603(d) of the FCRA, 15 U.S.C. § 1681a(d). 

26. Section 604(a) of the FCRA enumerates the permissible purposes for which a 

consumer report may be used. 15 U.S.C. § 1681b(a). Section 604(f) of the FCRA, as amended 

by the FACT Act, makes it unlawful to use a consumer report for any purpose other than those 

enumerated. 15 U.S.C. § 1681b(f). Nothing in the language of Section 604 contemplates or 

permits the public dissemination of information obtained from a consumer report. See 15 U.S.C. 

§ 1681b. 

27. Pursuant to section 621(a)(1) of the FCRA, 15 U.S.C. § 1681s(a)(1), a violation of 

the FCRA constitutes an unfair or deceptive act or practice in or affecting commerce, in 

violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a). 

28. Several of the Yelp responses contained information that was derived from a 

consumer report within the meaning of section 603(d) of the FCRA. 15 U.S.C. § 1681a(d). For 

instance, Defendant Walker made the following statements in response to a customer’s review: 

“A lot of these charge offs were still on the clients credit profile which were discovered during 

the underwriting process. If I would have known this from the outset we wouldn’t had 

proceeded with her loan.”

29. None of the Yelp responses containing credit report information was 

communicated in connection with any pending credit decision related to the reviewing 

consumer, or for any other permissible purpose under the statute. Instead, Defendants revealed 

customers’ sensitive, personal information on a publicly-viewable website. 

INFORMATION-SECURITY PRACTICES 

30. The Safeguards Rule, which implements Section 501(b) of the GLB Act, 15 

U.S.C. § 6801(b), was promulgated by the FTC on May 23, 2002, and became effective on May 

23, 2003. The Rule requires financial institutions to protect the security, confidentiality, and 

integrity of customer information by developing and implementing a comprehensive written 

“information security program” containing reasonable administrative, technical, and physical 

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Case 4:20-cv-00110-DMR Document 1 Filed 01/06/20 Page 9 of 15 

safeguards, including safeguards used to access, collect, distribute, process, protect, store, use 

transmit, dispose of, or otherwise handle customer information. 16 C.F.R. § 314.3. 

31. Among other things, the Safeguards Rule requires that financial institutions, in 

developing, implementing, and maintaining their information security programs, “regularly test 

or otherwise monitor the effectiveness of the safeguards’ key controls, systems, and 

procedures.” 16 C.F.R. § 314.4(c).

32. Mortgage Solutions is a “financial institution,” as defined in Section 509(3)(A) of

the GLB Act, 15 U.S.C. § 6809(3)(A), and is subject to FTC enforcement of the Safeguards 

Rule pursuant to Section 505 of the GLB Act, 15 U.S.C. § 6805(a)(7), 16 C.F.R. § 314.1, 16 

C.F.R. § 314.2, and 12 C.F.R. § 1016.3(l)(3). 

33. Defendant Mortgage Solutions did not implement an information security 

program until approximately September 2017. 

34. Beginning in approximately September 2017, Defendant Mortgage Solutions 

implemented an “Information Security Plan.” However, the Information Security Plan makes no 

provision for regularly testing or assessing its own effectiveness, and in fact Defendants have 

failed to engage in any regular testing or assessment of the effectiveness of the Information 

Security Plan’s key controls, systems, and procedures.

UNFAIR AND DECEPTIVE PRACTICES 

35. Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), prohibits “unfair or deceptive acts 

or practices in or affecting commerce.”

36. Misrepresentations or deceptive omissions of material fact constitute deceptive 

acts or practices prohibited by Section 5(a) of the FTC Act. 

37. Acts or practices are unfair under Section 5 of the FTC Act if they cause or are 

likely to cause substantial injury to consumers that consumers cannot reasonably avoid 

themselves and that is not outweighed by countervailing benefits to consumers or competition. 

15 U.S.C. § 45(n). 

38. The Yelp responses cause or are likely to cause substantial consumer injury. 

Because of Defendants’ disclosures, from the date of their posting until now, potentially

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Case 4:20-cv-00110-DMR Document 1 Filed 01/06/20 Page 10 of 15 

thousands of Yelp users have been able to discover the reviewing consumers’ sensitive financial 

information as well as details of their personal and family lives. Defendants’ actions deprived 

consumers of the ability to control whether and to whom they disclosed sensitive information, 

ranging from the choice to seek mortgage financing to an elderly family member’s illness. 

Finally, the harm to consumers is compounded by the defendants’ breach of a confidential 

relationship, in which consumers should have enjoyed a heightened expectation of privacy. 

39. Consumers cannot reasonably avoid the injury caused by the Yelp responses 

because they had no way of knowing Defendants would publicly disclose their private financial 

information. Consumers cannot access Defendants’ services without providing the kinds of 

sensitive information that Defendants disclosed. Having once provided such information, 

consumers have no reasonable ability to control Defendants’ disclosure of it. The injury caused 

by the Yelp responses is not outweighed by countervailing benefits to consumers or 

competition. Rather, Defendants’ conduct has the potential to erode consumers’ trust in 

financial institutions and chill consumer speech about the quality of financial services they 

receive. 

40. Based on the facts and violations of law alleged in this Complaint, the FTC has 

reason to believe that Defendants are violating or are about to violate laws enforced by the 

Commission. 

VIOLATIONS OF REGULATION P 

COUNT I 

Failure to Provide Clear, Conspicuous, and Accurate Privacy Notices 

41. As described in Paragraphs 18 and 19, from approximately October 2012 until 

approximately April 2018, Defendants failed to ensure that customers of Mortgage Solutions 

were provided with clear, conspicuous, and accurate privacy notices. 

42. Defendants’ acts and practices set forth in Paragraph 40 constitute a violation of

Regulation P, 12 C.F.R. §§ 1016.4-1016.6. 

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Case 4:20-cv-00110-DMR Document 1 Filed 01/06/20 Page 11 of 15 

COUNT II 

Impermissible Disclosure of Nonpublic Personal Information 

43. As described in Paragraphs 10-12, between approximately June 2015 and August 

2016, Defendants publicly disclosed nonpublic personal information about several Mortgage 

Solutions customers by publishing this information in the Yelp responses. 

44. As described in Paragraphs 18-21, during the time period when the Yelp 

responses were published, Defendants provided Mortgage Solutions customers with neither 

notice that their nonpublic personal information could be publicly disclosed nor an opportunity 

to opt out of such disclosures. 

45. Defendants’ acts and practices set forth in Paragraphs 42 and 43 constitute 

violations of Regulation P, 12 C.F.R. § 1016.10(a)(1). 

VIOLATIONS OF THE FAIR CREDIT REPORTING ACT 

COUNT III 

Impermissible Use of Consumer Reports 

46. In numerous instances, as described in Paragraphs 27 and 28, Defendants have 

used consumer reports for an impermissible purpose. 

47. Defendants’ acts or practices, as set forth in Paragraph 45, violate section 604(f) 

of the FCRA, 15 U.S.C. § 1681b(f). 

48. Pursuant to section 621(a)(l) of the FCRA, 15 U.S.C. § 1681s(a)(1), the acts and 

practices alleged in Paragraph 46 also constitute unfair or deceptive acts or practices in violation 

of section 5(a) of the FTC Act, 15 U.S.C. § 45(a). 

VIOLATIONS OF THE SAFEGUARDS RULE 

COUNT IV 

Failure to Develop and Implement an Information Security Program 

49. As described in Paragraph 32, until approximately September 2017, Mortgage 

Solutions failed to implement an information security program. 

50. Defendants’ acts and practices set forth in Paragraph 48 constitute a violation of

the Safeguards Rule, 16 C.F.R. § 314.3(a). 

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Case 4:20-cv-00110-DMR Document 1 Filed 01/06/20 Page 12 of 15 

COUNT V 

Inadequacy of Information Security Program 

51. As described in Paragraph 33, in developing, implementing, and maintaining the 

Mortgage Solutions “Information Security Plan,” Defendants have failed to regularly test or 

otherwise monitor the effectiveness of the Information Security Plan’s key controls, systems, 

and procedures. 

52. Defendants’ acts and practices set forth in Paragraph 50 constitute a violation of

the Safeguards Rule, 16 C.F.R. § 314.4(c). 

VIOLATIONS OF THE FTC ACT 

COUNT VI 

Section 5 Deception 

53. As described in Paragraphs 18 and 19, in numerous instances in connection with 

the offering or provision of mortgage brokering services, Defendants have represented, directly 

or indirectly, expressly or by implication, that Mortgage Solutions would not publicly disclose 

personal financial information collected from its customers. 

54. In truth and in fact, as described in Paragraphs 10-12, in numerous instances in 

which Defendants have made the representation set forth in Paragraph 52 of this Complaint, 

Defendants have publicly disclosed customers’ personal financial information in response to 

customers’ critical online reviews of Defendants’ services.

55. Therefore, Defendants’ representation as set forth in Paragraph 52 of this 

Complaint is false or misleading and constitutes a deceptive act or practice in violation of 

Section 5(a) of the FTC Act, 15 U.S.C. § 45(a). 

COUNT VII 

Section 5 Unfairness 

56. In numerous instances, as described in Paragraphs 10-12, Defendants have 

publicly disclosed consumers’ sensitive financial information in responses to consumers’

critical online reviews of Defendants’ services.

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57. As described in Paragraphs 37 and 38, Defendants’ actions cause or are likely to 

cause substantial injury to consumers that consumers cannot reasonably avoid themselves and 

that is not outweighed by countervailing benefits to consumers or competition. 

58. Therefore, Defendants’ acts or practices as set forth in Paragraph 55 above

constitute unfair acts or practices in violation of Section 5 of the FTC Act, 15 U.S.C. §§ 45(a) 

and 45(n). 

CONSUMER INJURY 

59. Consumers are suffering, have suffered, and will continue to suffer substantial 

injury as a result of Defendants’ violations of the FTC Act, the FCRA, and the GLB Act and 

implementing regulations. Absent injunctive relief by this Court, Defendants are likely to 

continue to injure consumers and harm the public interest. 

THIS COURT’S POWER TO GRANT RELIEF

60. Section 13(b) of the FTC Act, 15 U.S.C. § 53(b), empowers this Court to grant 

injunctive and such other relief as the Court may deem appropriate to halt and redress violations 

of any provision of law enforced by the FTC. The Court, in the exercise of its equitable 

jurisdiction, may award ancillary relief, including rescission or reformation of contracts, 

restitution, the refund of monies paid, and the disgorgement of ill-gotten monies, to prevent and 

remedy any violation of any provision of law enforced by the FTC. 

61. Section 621(a)(2)(A) of the FCRA, 15 U.S.C. § 1681s(a)(2)(A), as modified by 

Section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. § 2461, the 

Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-

74, sec. 701, 129 Stat. 599 (2015), and Section 1.98(m) of the FTC’s Rules of Practice, 16 

C.F.R. § 1.98(m), authorizes the Court to award civil penalties of not more than $3,993 for each 

knowing violation of the FCRA which constitutes a pattern or practice of violations. 

Defendant’s violations of the FCRA, as alleged in this Complaint, have been knowing and have

constituted a pattern or practice of violations. 

62. Each instance in which Defendant has failed to comply with the FCRA constitutes 

a separate violation of the FCRA for the purpose of assessing civil penalties under Section 621 

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of the FCRA, 15 U.S.C. § 1681s. Plaintiff seeks civil penalties for every separate violation of 

the FCRA. 

63. Under Section 621(a) of the FCRA, 15 U.S.C. § 1681s(a), and Section 13(b) of 

the FTC Act, 15 U.S.C. § 53(b), this Court is authorized to issue a permanent injunction 

prohibiting Defendant from violating the FTC Act, the FCRA, and the GLB Act and 

implementing regulations. 

PRAYER FOR RELIEF 

WHEREFORE, Plaintiff, pursuant to Section 13(b) of the FTC Act, 15 U.S.C. §§ 53(b), 

section 621(a) of the FCRA, 15 U.S .C. § 1681s(a), and the Court’s own equitable powers, 

requests that the Court: 

A. Enter a permanent injunction to prevent future violations of the FTC Act, the 

FCRA, Regulation P, and the Safeguards Rule by Defendants; 

B. Award Plaintiff civil penalties from Defendants for each violation of the FCRA as 

alleged in this Complaint. 

C. Order Defendant to pay the costs of this action; and 

D. Award Plaintiff such additional relief as the Court may deem just and proper. 

Dated this 6th day of January, 2020. 

Complaint For Civil Penalties 
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Case 4:20-cv-00110-DMR Document 1 Filed 01/06/20 Page 15 of 15 

FOR THE FEDERAL TRADE 

COMMISSION: 

ROBIN WETHERILL 

Attorney 

Federal Trade Commission 

DAVID LINCICUM 

Attorney 

Federal Trade Commission 

Respectfully submitted, 

FOR THE UNITED STATES OF 

AMERICA: 

JOSEPH H. HUNT 

Assistant Attorney General 

Civil Division 

DAVID M. MORRELL 

Deputy Assistant Attorney General 

GUSTAV W. EYLER 

Director 

Consumer Protection Branch 

/s/ Speare I. Hodges____________ 

Speare I. Hodges 

Trial Attorney 

Consumer Protection Branch 

U.S. Department of Justice 

P.O. Box 386 

Washington, DC 20044 

(202) 532-0295 

Speare.I.Hodges@usdoj.gov 

Complaint For Civil Penalties