Case 8:23-cv-01575-MSS-JSS Document 8 Filed 08/04/23 Page 1 of 13 PageID 53 

UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF FLORIDA 

TAMPA DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff, 

v. Case No: 8:23-cv-1575-MSS-JSS 

YODEL TECHNOLOGIES, LLC 

and ROBERT PULSIPHER, 

Defendants. 

ORDER FOR PERMANENT INJUNCTION, CIVIL PENALTY JUDGMENT, 

AND OTHER RELIEF 

THIS CAUSE comes before the Court for consideration of the Parties’ Joint

Motion for Entry of Proposed Stipulated Order. (Dkt. 3) Upon consideration and 

review, the Court determines that the Parties’ Joint Motion is due to be GRANTED. 

This Order is entered on the STIPULATION of the Parties, not based on any 

independent review or findings by the Court other than as to venue and jurisdiction. 

Therefore, pursuant to the Parties’ stipulation, this Order is entered to fully resolve the 

issues raised in the Complaint. 

On July 14, 2023, Plaintiff, the United States of America, acting upon 

notification and authorization to the Attorney General by the Federal Trade 

Commission (“Commission” or “FTC”), filed its Complaint for Permanent 

Injunction, Civil Penalties, and Other Equitable Relief (“Complaint”), pursuant to

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

of the Telemarketing and Consumer Fraud and Abuse Prevention Act (the 

“Telemarketing Act”), 15 U.S.C. § 6105; and the FTC’s Telemarketing Sales Rule

(“TSR”), 16 C.F.R. Part 310. (Dkt. 1) The Parties advise that Defendants have waived 

service of the summons and the Complaint. Now, Plaintiff and Defendants stipulate 

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

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

them. 

THEREFORE, IT IS ORDERED as follows: 

STIPULATED FACTS 

1. This Court has jurisdiction over this matter. 

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

violation of the FTC’s Telemarketing Sales Rule (the “TSR” or “Rule”), as

amended, 16 C.F.R. Part 310, by (a) placing telemarketing calls to 

consumers that delivered prerecorded messages; and (b) placing 

telemarketing calls to consumers whose telephone numbers were on the 

National Do Not Call (“DNC”) Registry.

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

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

Defendants admit the facts necessary to establish jurisdiction. 

4. Defendants waive any claim that they may have under the Equal Access to 

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

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through the date of this Order, and agree to bear their own costs and attorney 

fees. 

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

validity of this Order. 

DEFINITIONS 

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

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

Defendant, individually, collectively, or in any combination. 

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

successors and assigns. 

2. “Individual Defendant” means Robert Pulsipher. B. “Telemarketing” 

means any plan, program, or campaign, which is conducted to induce 

the purchase of goods or services or a charitable contribution, by use 

of one or more telephones, whether or not covered by the 

Telemarketing Sales Rule. This definition includes outbound calls 

and inbound calls. 

ORDER 

I. BAN ON TELEMARKETING 

IT IS ORDERED that Defendants are permanently restrained and enjoined 

from participating in Telemarketing, whether directly or through an intermediary. 

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II. MONETARY JUDGMENT FOR CIVIL PENALTY AND PARTIAL 

SUSPENSION 

IT IS FURTHER ORDERED that: 

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

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

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

of the United States, Four Hundred Thousand Dollars ($400,000), which, as 

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

other than payment to Plaintiff. Such payment must be made within 7 days of 

entry of this Order by electronic fund transfer in accordance with instructions 

previously provided by a representative of Plaintiff. Upon such payment, the 

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

C. The Commission’s and Plaintiff’s agreement to the suspension of [part of] the

judgment is expressly premised upon the truthfulness, accuracy, and 

completeness of Defendants’ sworn financial statements and related documents

(collectively, “Financial Representations”) submitted to the Commission,

namely: 

1. The Financial Statement of Individual Defendant Robert William 

Pulsipher signed on November 28, 2022, including the attachments; 

2. The Financial Statement of Corporate Defendant Yodel Technologies, 

LLC signed by Robert William Pulsipher, Chief Operating Officer, on 

November 18, 2022, including the attachments; and 

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

1746, signed by Robert William Pulsipher on March 16, 2023, including 

the exhibits. 

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

motion by the Commission or Plaintiff, the Court finds that Defendant failed to 

disclose any material asset, materially misstated the value of any asset, or made 

any other material misstatement or omission in the Financial Representations 

identified above. 

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

due as to that Defendant in the amount specified in Subsection A above (which 

the parties stipulate only for purposes of this Section represents the amount of 

the civil penalty for the violations alleged in the Complaint), less any payment 

previously made pursuant to this Section, plus interest computed from the date 

of entry of this Order. 

III. ADDITIONAL MONETARY PROVISIONS 

IT IS FURTHER ORDERED that: 

A. Defendants relinquish dominion and all legal and equitable right, title, and 

interest in all assets transferred pursuant to this Order and may not seek the 

return of any assets. 

B. The facts alleged in the Complaint will be taken as true, without further proof, 

in any subsequent civil litigation by or on behalf of the Commission, including 

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in a proceeding to enforce its rights to any payment or monetary judgment 

pursuant to this Order. 

C. Individual Defendant agrees that the judgment represents a civil penalty owed 

to the government of the United States, is not compensation for actual 

pecuniary loss, and, therefore, as to Individual Defendant, it is not subject to 

discharge under the Bankruptcy Code pursuant to 11 U.S.C. § 523(a)(7). 

D. Defendants acknowledge that their Taxpayer Identification Numbers (Social 

Security Numbers or Employer Identification Numbers) may be used for 

collecting and reporting on any delinquent amount arising out of this Order, in 

accordance with 31 U.S.C. §7701. 

IV. CUSTOMER INFORMATION 

IT IS FURTHER ORDERED that Defendants are permanently restrained and 

enjoined from directly or indirectly: 

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

customer information, including the name, address, telephone number, email 

address, social security number, other identifying information, or any data that 

enables access to a customer’s or prospective customer’s account (including a

credit card, bank account, or other financial account), that any Defendant 

obtained prior to entry of this Order in connection with telemarketing; and 

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

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

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V. COOPERATION 

IT IS FURTHER ORDERED that Defendants must fully cooperate with 

representatives of Plaintiff and the Commission in this case and in any investigation 

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

the Complaint. Defendants must provide truthful and complete information, evidence, 

and testimony. Individual Defendant must appear, and Corporate Defendant must 

cause Corporate Defendant’s officers, employees, representatives, or agents to appear,

for interviews, discovery, hearings, trials, and any other proceedings that a Plaintiff or 

Commission representative may reasonably request upon 5 days written notice, or 

other reasonable notice, at such places and times as a Plaintiff or Commission 

representative may designate, without the service of a subpoena. 

VI. ORDER ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Defendants obtain acknowledgments of 

receipt of this Order: 

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

Commission an acknowledgment of receipt of this Order sworn under penalty 

of perjury. 

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

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

majority owner or controls directly or indirectly, and Corporate Defendant, 

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

LLC managers and members; (2) all employees having managerial 

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responsibilities for Telemarketing and all agents and representatives who 

participate in Telemarketing; and (3) any business entity resulting from any 

change in structure as set forth in the Section titled Compliance Reporting. 

Delivery must occur within 7 days of entry of this Order for current personnel. 

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

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

Order, that Defendant must obtain, within 30 days, a signed and dated 

acknowledgment of receipt of this Order. 

VII. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendants make timely submissions to the 

Commission: 

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

report, sworn under penalty of perjury: 

1. Each Defendant must: (a) identify the primary physical, postal, and email 

address and telephone number, as designated points of contact, which 

representatives of the Commission or Plaintiff may use to communicate 

with Defendant; (b) identify all of that Defendant’s businesses by all of

their names, telephone numbers, and physical, postal, email, and Internet 

addresses; (c) describe the activities of each business, including the goods 

and services offered, the means of advertising, marketing, and sales, and 

the involvement of any other Defendant (which Individual Defendant 

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

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(d) describe in detail whether and how that Defendant is in compliance 

with each Section of this Order; and (e) provide a copy of each Order 

Acknowledgment obtained pursuant to this Order, unless previously 

submitted to the Commission. 

2. Additionally, Individual Defendant must: (a) identify all telephone 

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

all residences; (b) identify all business activities, including any business for 

which such Defendant performs services whether as an employee or 

otherwise and any entity in which such Defendant has any ownership 

interest; and (c) describe in detail such Defendant’s involvement in each 

such business, including title, role, responsibilities, participation, 

authority, control, and any ownership. 

B. For 15 years after entry of this Order, each Defendant must submit a compliance 

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

following: 

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

contact; or (b) the structure of Corporate Defendant or any entity that 

Defendant has any ownership interest in or controls directly or indirectly 

that may affect compliance 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. 

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2. Additionally, Individual Defendant must report any change in: (a) name, 

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

in any business activity, including any business for which such Defendant 

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

which such Defendant has any ownership interest, and identify the name, 

physical address, and any Internet address of the business or entity. 

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

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

such Defendant within 14 days of its filing. 

D. Any submission to the Commission required by this Order to be sworn under 

penalty of perjury must be true and accurate and comply with 28 U.S.C. § 1746, 

such as by concluding: “I declare under penalty of perjury under the laws of the

United States of America that the foregoing is true and correct. Executed on: 

_____” and supplying the date, signatory’s full name, title (if applicable), and

signature. 

E. Unless otherwise directed by a Commission representative in writing, all 

submissions to the Commission pursuant to this Order must be emailed to 

DEbrief@ftc.gov or sent by overnight courier (not the U.S. Postal Service) to: 

Associate Director for Enforcement, Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. 

The subject line must begin: FTC v. Yodel Technologies LLC, et al, Matter No. 

2123074. 

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VIII. RECORDKEEPING 

IT IS FURTHER ORDERED that Defendants must create certain records for 

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

Corporate Defendant and each Individual Defendant for any business that such 

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

or controls directly or indirectly, must create and retain the following records: 

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 Defendants’

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

Order: 

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

Commission or Plaintiff, each Defendant must submit additional 

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Case 8:23-cv-01575-MSS-JSS Document 8 Filed 08/04/23 Page 12 of 13 PageID 64 

compliance reports or other requested information, which must be sworn 

under penalty of perjury; appear for depositions; and produce documents for 

inspection and copying. The Commission and Plaintiff are also authorized 

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

procedures prescribed by Federal Rules of Civil Procedure 29, 30 (including 

telephonic depositions), 31, 33, 34, 36, 45, and 69. 

B. For matters concerning this Order, the Commission and Plaintiff are 

authorized to communicate directly with each Defendant. Defendant must 

permit representatives of the Commission and Plaintiff to interview any 

employee or other person affiliated with any Defendant who has agreed to 

such an interview. The person interviewed may have counsel present. 

C. The Commission and Plaintiff may use all other lawful means, including 

posing, through its representatives as consumers, suppliers, or other 

individuals or entities, to Defendants or any individual or entity affiliated 

with Defendants, without the necessity of identification or prior notice. 

Nothing in this Order limits the Commission’s lawful use of compulsory

process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b1. 

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

any consumer reporting agency must furnish consumer reports concerning 

Individual Defendant, pursuant to Section 604(1) of the Fair Credit 

Reporting Act, 15 U.S.C. § 1681b(a)(1). 

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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. 

The Clerk is directed to CLOSE this case. 

DONE and ORDERED in Tampa, Florida, this 4th day of August 2023. 

Copies furnished to: 

Counsel of Record 

Any pro se party 

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