Case 1:22-cv-07389-CM-SN Document 92-1 Filed 08/28/23 Page 1 of 29 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

FEDERAL TRADE COMMISSION, 

PEOPLE OF THE STATE OF CALIFORNIA, 

STATE OF COLORADO, 

STATE OF FLORIDA, 

PEOPLE OF THE STATE OF ILLINOIS, 

COMMONWEALTH OF MASSACHUSETTS, 

and 

PEOPLE OF THE STATE OF NEW YORK,

 Plaintiffs, 

v. 

ROOMSTER CORP., a corporation, 

JOHN SHRIBER, individually and as an officer of 

ROOMSTER CORP., 

ROMAN ZAKS, individually and as an officer of 

ROOMSTER CORP, and 

JONATHAN MARTINEZ, individually and doing 

business as APPWINN,

 Defendants. 

Case No. 1:22-cv-7389 

STIPULATED ORDER FOR 

PERMANENT INJUNCTION, 

MONETARY JUDGMENT, AND 

OTHER RELIEF AGAINST 

ROOMSTER CORP., JOHN 

SHRIBER, AND ROMAN ZAKS 

Plaintiffs, the Federal Trade Commission (“Commission” or “FTC”), and the People of 

the State of California, Attorneys General of the States of Colorado, Florida, and the 

Commonwealth of Massachusetts, the People of the State of Illinois, and the People of the State 

of New York (“Plaintiff States,” and together with the FTC, “Plaintiffs”), filed their Complaint 

for Permanent Injunction, Monetary Relief, and other Relief (“Complaint”), pursuant to Section 

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13(b) of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. § 53(b), the California 

Unfair Competition Law and False Advertising Law, California Business and Professions Code 

§§ 17200, et seq. and 17500, et seq., the Colorado Consumer Protection Act, Colo. Rev. Stats. 

§§ 6-1-101, et seq., the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part 11, 

Florida Statutes, the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 

505/1, et seq., Mass. Gen. Laws ch. 93A, § 2, and N.Y. Executive Law § 63(12) and N.Y. GBL 

§§ 349 and 350. Plaintiffs and Defendants Roomster Corp., John Shriber, and Roman Zaks 

stipulate to the entry of this Stipulated Order for Permanent Injunction, Monetary Judgment, and 

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

THEREFORE, IT IS ORDERED as follows: 

FINDINGS 

1. This Court has jurisdiction over this matter. 

2. The Complaint charges that Settling Defendants participated in deceptive acts or 

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

connection with misrepresenting that endorsements were truthful reviews and by actual users of 

Roomster’s room and roommate finder platform, and misrepresenting that the platform has 

verified, authentic, or available listings. 

3. 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, Settling 

Defendants admit the facts necessary to establish jurisdiction. 

4. Settling Defendants waive and release any claims that they may have against the 

Plaintiffs that relate to this action, including but not limited to any claim that they may have 

under the Equal Access to Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this 

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

5. Settling 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 all of the Individual Defendants and the Corporate 

Defendant, individually, collectively, or in any combination. 

B. “Corporate Defendant” means Roomster Corp. and its successors and 

assigns. 

C. “Individual Defendants” means John Shriber, Roman Zaks, and Jonathan 

Martinez individually and doing business as AppWinn. 

D. “Settling Defendants” means Roomster Corp. and its successors and 

assigns, John Shriber, and Roman Zaks. 

E. “Individual Settling Defendants” means John Shriber and Roman Zaks. 

ORDER 

I. BAN ON CERTAIN REVIEW PRACTICES 

IT IS ORDERED that Settling Defendants, in connection with promoting or offering for 

sale any product or service, are permanently restrained and enjoined from: 

A. paying or otherwise providing incentives for any consumer review, whether directly 

or through an intermediary; or 

B. using or disseminating any consumer review or endorsement where there is a 

relationship between the author of the review or endorser and any Settling Defendant 

that might materially affect the weight or credibility of the review or endorsement. 

3 
 

A. 

B. 

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II. PROHIBITION AGAINST MISREPRESENTATIONS INVOLVING REVIEWS 

OR ENDORSEMENTS 

IT IS FURTHER ORDERED that Settling Defendants, Settling Defendants’ officers, 

agents, employees, and attorneys, and all other persons in active concert or participation with any 

of them, who receive actual notice of this Order, whether acting directly or indirectly, in 

connection with promoting or offering for sale any product or service are permanently restrained 

and enjoined from making any misrepresentation or assisting others in making any 

misrepresentation, expressly or by implication: 

that any consumer review or endorsement is truthful or by an actual user of such 

product or service; or 

through the use of any consumer review or endorsement of such product or service. 

III. PROHIBITION AGAINST OTHER 

MISREPRESENTATIONS 

IT IS FURTHER ORDERED that Settling Defendants, Settling Defendants’ officers, 

agents, employees, and attorneys, and all other persons in active concert or participation with any 

of them, who receive actual notice of this Order, whether acting directly or indirectly, in 

connection with promoting or offering for sale any product or service are permanently restrained 

and enjoined from misrepresenting or assisting others in misrepresenting, expressly or by 

implication: 

A. that a listing for a living arrangement is verified, authentic, or available; 

B. any other fact material to consumers concerning any product 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, including that the 

Settling Defendants’ platform is a safe community with real members worldwide. 

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IV. MONITORING AFFILIATES 

IT IS FURTHER ORDERED that Settling Defendants and their officers, agents, 

employees, and attorneys, and all other persons in active concert or participation with any of 

them, who receive actual notice of this Order, in connection with promoting or offering for sale 

any product or service through any affiliate program, are permanently restrained and enjoined 

from failing to: 

A. Prior to doing business with any marketing affiliate, or for any current marketing 

affiliate, no later than 10 days after the date of service of this Order: (1) provide each 

marketing affiliate a copy of this Order; (2) obtain from each such marketing affiliate 

a signed and dated statement acknowledging receipt of this Order and expressly 

agreeing to comply with Sections I-III of this Order; and (3) clearly and 

conspicuously disclose in writing to each marketing affiliate that engaging in acts or 

practices prohibited by this Order will result in immediate termination of any 

marketing affiliate and forfeiture of all monies owed to such marketing affiliate; 

B. Routinely monitor and review, on at least a monthly basis, and in a manner 

reasonably calculated to not disclose the monitoring activity until after it is 

conducted, all marketing materials including websites, emails, text messages, 

hyperlinks, sponsored search terms, and listings used by each marketing affiliate to 

advertise, promote, market, offer for sale, or sell any of the Settling Defendants’ 

products or services; 

C. Promptly and completely investigate any consumer complaint received by any person 

or entity to which this Section applies concerning any marketing affiliate to determine 

if the marketing affiliate is engaging in acts or practices prohibited by this Order; 

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A. 

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D. Immediately terminate and halt the processing of any payments to or charges 

generated by any marketing affiliate that any Settling Defendant knows or should 

know has: (1) misrepresented, in any manner, the status of such affiliate, including 

but not limited to the misrepresentation that such affiliate is an independent user or 

ordinary consumer; or (2) has failed to disclose, clearly and prominently, a material 

connection, when one exists, between such affiliate and the Settling Defendants; 

E. Immediately terminate and halt the processing of payments to or charges generated by 

any marketing affiliate that any Settling Defendant knows or should know has 

engaged in, or is engaging in, acts or practices prohibited by this Order; and 

F. Fully refund, within five (5) business days, each consumer charged by any Settling 

Defendant whose sale originated from any marketing affiliate that any Settling 

Defendant knows or should know has engaged in, or is engaging in acts or practices 

prohibited by this Order. 

V. REBUTTABLE PRESUMPTION 

IT IS FURTHER ORDERED that in any action brought by any Plaintiff alleging a 

violation of Section IV of this Order, the failure to create and maintain records establishing 

compliance with Section IV creates a rebuttable presumption that Settling Defendants violated 

the provisions of that Section. 

VI. MONETARY JUDGMENT AND PARTIAL 

SUSPENSION 

IT IS FURTHER ORDERED that: 

Judgment in the amount of Thirty-Six Million Two Hundred Sixty Thousand 

Eight Hundred Ninety-Nine Dollars and Eighty-Four Cents ($36,260,899.84) is entered in favor 

6 
B. 

C. 

Case 1:22-cv-07389-CM-SN Document 92-1 Filed 08/28/23 Page 7 of 29 

of Plaintiff States against Settling Defendants, jointly and severally, as non-penalty equitable 

monetary relief. 

Settling Defendants are ordered to pay to Plaintiff States One Million Six 

Hundred Thousand Dollars and Zero Cents ($1,600,000.00), which, as Settling Defendants 

stipulate, One Million One Hundred Thousand Dollars and Zero Cents ($1,100,000.00) of which 

their undersigned counsel holds in escrow for no purpose other than payment to Plaintiff States. 

Such payment shall be made as follows: One Million One Hundred Thousand Dollars and Zero 

Cents ($1,100,000.00) within seven (7) days of entry of this Order and Five Hundred Thousand 

Dollars and Zero Cents ($500,000.00) within nine (9) months of entry of this Order by electronic 

funds transfer to Plaintiff People of the State of New York, which amount will be used, 

consistent with Section VI.G, infra, for restitution and administration of restitution to consumers 

on behalf of all Plaintiff States, in amounts determined at the sole discretion of the Plaintiff 

States. Upon such payment, the remainder of the judgment is suspended (“Suspended Equitable 

Amount”), subject to the other provisions in this Section. 

Plaintiff States’ agreement to the Suspended Equitable Amount is expressly 

premised upon the truthfulness, accuracy and completeness of Defendants’ sworn financial 

statements and related documents (collectively, “representations”) submitted to Plaintiff States, 

namely: 

1. the Financial Statement of Individual Defendant John Shriber executed on 

February 2, 2023, including the attachments and supporting documents; 

2. the Financial Statement of Individual Defendant Roman Zaks executed on 

February 2, 2023, including the attachments and supporting documents; 

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3. the Financial Statement of Corporate Defendant Roomster Corp executed 

on February 2, 2023, including the attachments and supporting documents; 

4. the updated Financial Statement of Individual Defendant John Shriber 

executed on February 24, 2023, including the attachments and supporting documents; 

5. the updated Financial Statement of Roman Zaks executed on February 23, 

2023, including the attachments and supporting documents; 

6. the updated Financial Statement of Corporate Defendant Roomster Corp 

executed on February 4, 2023, including the attachments and supporting documents; 

7. the updated Financial Statement of Individual Defendant John Shriber 

executed on March 9, 2023, including the attachments and supporting documents; 

8. the updated supporting documents provided on March 14, 2023, including 

supporting expense Buildups, COGS Buildups, Consultant Fee Buildups, and updated 

Exhibits regarding Corporate Defendant Roomster Corp; 

9. the following financial disclosure follow-up email correspondence from 

Defendants’ counsel: 

i February 27, 2023; 

ii March 14, 2023; and 

iii April 5, 2023. 

10. the Updated Annex A provided by Sarah Atlas on March 9, 2023; 

11. Roomster’s narrative response regarding RFP #13 provided by James 

Curbow on April 5, 2023, including the corresponding Annexes also provided on April 5, 

2023; 

12. the Declaration of John Shriber executed on April 11, 2023; and 

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D. 

E. 

F. 

G. 

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13. the Shriber Appraisals provided by Sarah Atlas on June 7, 2023. 

The suspension of the Suspended Equitable Amount shall be lifted as to any 

Settling Defendant if, upon motion by any Plaintiff State, the Court finds that a 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 representations identified above, or 

violated Section I, II, III, IV, VI.B, or IX of this Order. 

If the suspension of the Suspended Equitable Amount of the judgment is lifted, 

the judgment becomes immediately due as to that Settling Defendant in the amount specified in 

Subsection VI.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 pursuant to 28 U.S.C. 

§ 1961. 

Settling Defendants acknowledge that their Taxpayer Identification Numbers 

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

submitted to Plaintiff States, may be used for collecting and reporting on any delinquent amount 

arising out of this Order, in accordance with 31 U.S.C. § 7701. 

All money paid to Plaintiff People of the State of New York pursuant to this 

Order (“joint monies”) shall be deposited into a fund administered by the State of New York or 

its agents on behalf of Plaintiff States. This fund shall be used for equitable relief, including but 

not limited to, restitution to consumers, and any attendant expenses for the administration of any 

such equitable relief. In the event that Plaintiff States determine that direct restitution to 

consumers is wholly or partially impracticable or money remains after restitution is completed, 

9 
H. 

I. 

A. 

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Plaintiff States may, in their discretion, apply any remaining money for attorneys’ fees and costs, 

or other purposes specifically authorized by law. 

All joint funds not used for the equitable relief described in Paragraph G of this 

Section (“remaining joint funds”) shall be divided equally between Plaintiff States to be used for 

fees and costs in this matter, or other purposes specifically authorized by law. 

Settling Defendants have no right to challenge any actions Plaintiff States or their 

representatives may take pursuant to this Section. 

VII. CIVIL PENALTY JUDGMENT AND SUSPENSION 

IT IS FURTHER ORDERED that: 

Judgment is entered in favor of Plaintiff States against Settling Defendants, jointly 

and severally, as a civil penalty as follows: 

1. Judgment in the amount of Two Million Eighty-Four Thousand One 

Hundred Dollars and Zero Cents ($2,084,100.00) in favor of Plaintiff the People of the 

State of California for civil penalties pursuant to California Business & Professions Code, 

sections 17206 and 17536; 

2. Judgment in the amount of Five Hundred Sixty-Five Thousand Eight 

Hundred Fifty Dollars and Zero Cents ($565,850.00) in favor of Plaintiff, State of 

Colorado, pursuant to Colo. Rev. Stat. § 6-1-112; 

3. Judgment in the amount of Two Million Eighty-Four Thousand One 

Hundred Dollars and Zero Cents ($2,084,100.00) in favor of Plaintiff, State of Florida, 

for civil penalties pursuant to Section 501.2075, Florida Statutes; 

10 
B. 

C. 

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4. Judgment in favor of Plaintiff People of the State of Illinois in the amount 

of Two Million Eighty-Four Thousand One Hundred Dollars and Zero Cents 

($2,084,100.00) pursuant to 815 ILCS 505/7; 

5. Judgment in the amount of Two Million Eighty-Four Thousand One 

Hundred Dollars and Zero Cents ($2,084,100.00) in favor of Plaintiff, the 

Commonwealth of Massachusetts, pursuant to M.G.L. c. 93A, § 2 and 4; and 

6. Judgment in the amount of Two Million Sixty-Five Thousand Eight 

Hundred Fifty Dollars and Zero Cents ($2,065,850.00) in favor of Plaintiff, People of the 

State of New York, for civil penalties pursuant to New York GBL § 350-d. 

7. Upon payment of the equitable relief described in Subsection VI.B, the 

civil penalties shall be suspended. Plaintiff States’ agreement to suspend the civil 

penalties judgment is expressly premised upon the truthfulness, accuracy and 

completeness of Settling Defendants’ representations delineated in Subsection VI.C, 

above. 

The suspension of the civil penalties judgment will be lifted as to any Settling 

Defendant if, upon motion by any Plaintiff State, the Court finds that a 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 representations identified above in VI.C, or violated 

Section I, II, III, IV, VI.B, or IX of this Order. 

If the suspension of the civil penalties judgment is lifted, the judgment becomes 

immediately due as to that Settling Defendant in favor of Plaintiff States in the amount specified 

in Subsection VII.A(1)-(6), above. 

11 
A. 

B. 

C. 

D. 

E. 

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VIII. ADDITIONAL MONETARY PROVISIONS 

IT IS FURTHER ORDERED that: 

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. 

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

any subsequent civil litigation by or on behalf of Plaintiff States, including in a proceeding to 

enforce their rights to any payment or monetary judgment pursuant to this Order, such as a 

nondischargeability complaint in any bankruptcy proceeding. 

Settling Defendants stipulate and agree that the facts alleged in the Complaint 

establish all elements necessary to sustain an action pursuant to Section 523(a)(2)(A) of the 

Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), and those facts shall be accepted as true in any 

bankruptcy proceeding. This Order will have collateral estoppel effect for such purposes. 

If any clause, provision, or section of this order shall, for any reason, be held to be 

invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability 

shall not affect any other clause, provision, or section of this Order and this Order shall be 

construed and enforced as if such invalid, illegal, or unenforceable clause, provision, or section 

had not been contained herein. 

Settling Defendants agree that the civil penalty judgment represents a civil 

penalty owed to governmental units, is not compensation for actual pecuniary loss, and, 

therefore, it is not subject to discharge under the Bankruptcy Code pursuant to 11 U.S.C. 

§ 523(a)(7). 

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F. 

A. 

B. 

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Plaintiff States may apply any money received by them pursuant to this Order for 

any purpose permitted under state law. Settling Defendants have no right to challenge any 

actions Plaintiff States or their representatives may take pursuant to Sections VI-VIII. 

IX. CUSTOMER INFORMATION 

IT IS FURTHER ORDERED that: 

Settling Defendants, Settling Defendants’ officers, agents, employees, and 

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

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

failing to provide sufficient customer information to enable Plaintiff States to efficiently 

administer consumer redress. 

If a representative of Plaintiff States requests in writing any information related to 

redress, Settling Defendants must provide it, in the form prescribed by Plaintiff States, within 14 

days. 

X. COOPERATION 

IT IS FURTHER ORDERED that Settling Defendants must fully cooperate with 

representatives of Plaintiffs in this case and in any investigation related to or associated with the 

transactions or the occurrences that are the subject of the Complaint. Settling Defendants must 

provide truthful and complete information, evidence, and testimony. Individual Settling 

Defendants 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 representative may reasonably request upon 5 days written 

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

designate, without the service of a subpoena. 

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A. 

B. 

C. 

A. 

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XI. ORDER ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Settling Defendants obtain acknowledgments of 

receipt of this Order: 

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

Plaintiffs an acknowledgment of receipt of this Order sworn under penalty of perjury. 

For 5 years after entry of this Order, each Individual Settling Defendant for any 

business that such Individual Settling Defendant, individually or collectively with any other 

Defendants, 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. 

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. 

XII. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Settling Defendants make timely submissions to 

Plaintiffs: 

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, 

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

representatives of the Plaintiffs may use to communicate with 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 products and services offered, the means of advertising, 

marketing, and sales, any use of consumer endorsements, incentives to endorsers, and any 

connections to any endorsers, including copies of any endorsement where there is any 

connection to the endorser, and the involvement of any other Defendant (which 

Individual Settling Defendants must describe if they know or should know due to their 

own involvement); (d) identify the total dollar amount of all monies paid to each Plaintiff 

State pursuant this Order; (e) describe in detail whether and how that Settling Defendant 

is in compliance with each Section of this Order; and (f) provide a copy of each Order 

Acknowledgment obtained pursuant to this Order, unless previously submitted to the 

Commission. 

2. Additionally, each Individual Settling 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 

Individual Settling Defendant performs services whether as an employee or otherwise 

and any entity in which such Individual Settling Defendant has any ownership interest; 

and (c) describe in detail such Individual Settling Defendant’s involvement in each such 

business, including title, role, responsibilities, participation, authority, control, and any 

ownership. 

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B. 

C. 

D. 

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For 20 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 

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 Individual Settling 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 Individual Settling 

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

which such Individual Settling Defendant has any ownership interest, and identify the 

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

Each Settling Defendant must submit to Plaintiffs notice of the filing of any 

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

Defendant within 14 days of its filing. 

Any submission to Plaintiffs required by this Order to be sworn under penalty of 

perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by concluding: “I 

declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. Executed on: _____” and supplying the date, signatory’s full 

name, title (if applicable), and signature. 

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E. 

A. 

B. 

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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 with: FTC et al. v. Roomster et al., Matter 

No. X220031. All submissions to Plaintiff States pursuant to this order must be emailed to: 

emily.kalanithi@doj.ca.gov, jon.worm@doj.ca.gov, adelina.acuna@doj.ca.gov, 

timothy.sullivan@doj.ca.gov, and callie.wilson@doj.ca.gov (for Plaintiff the People of the State 

of California), Abigail.Hinchcliff@coag.gov and Brady.Grassmeyer@coag.gov (for Plaintiff 

State of Colorado), Ryann.Flack@myfloridalegal.com and Miles.Vaughn@myfloridalegal.com 

(for Plaintiff the State of Florida), Cassandra.Halm@ilag.gov and Thomas.Pearson@ilag.gov 

(for Plaintiff People of the State of Illinois), Mychii.Snape@mass.gov (for Plaintiff 

Commonwealth of Massachusetts), and Melvin.Goldberg@ag.ny.gov and 

Christian.Reigstad@ag.ny.gov (for Plaintiff the People of the State of New York). 

XIII. RECORDKEEPING 

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

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

Defendant and each Individual Settling Defendant for any business that such Settling Defendant, 

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

indirectly, must create and retain the following records: 

accounting records showing the revenues from all products or services sold; 

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; 

17 
C. 

D. 

Case 1:22-cv-07389-CM-SN Document 92-1 Filed 08/28/23 Page 18 of 29 

dates of service; and (if applicable) the reason for termination; 

records of all consumer complaints and refund requests, whether received directly 

or indirectly, such as through a third party, and any response; and 

all records necessary to demonstrate full compliance with each provision of this 

Order, including all submissions to Plaintiffs. 

XIV. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring Settling Defendants’ 

compliance with this Order, including 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 a Plaintiff, 

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. Each Plaintiff is also authorized to obtain discovery, 

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

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

B. For matters concerning this Order, each Plaintiff is authorized to communicate 

directly with each Settling Defendant. Settling Defendants must permit representatives of the 

Plaintiffs to interview any employee or other person affiliated with any Settling Defendant who 

has agreed to such an interview. The person interviewed may have counsel present. 

C. Plaintiffs 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. 

18 
 

_______________________________ 

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D. Upon written request from a representative of a Plaintiff, any consumer reporting 

agency must furnish consumer reports concerning Individual Settling Defendants, pursuant to 

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

XV. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for 

purposes of construction, modification, and enforcement of this Order. 

SO ORDERED this day of , 2023. 

UNITED STATES DISTRICT JUDGE 

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SO STIPULATED AND AGREED: 

FOR PLAINTIFFS: 

FOR THE FEDERAL TRADE COMMISSION: 

Dated: 8/21 /23 

ANGELEQUE P. LINVILLE 

alinville@ftc.gov; (404) 656-1354 

VALERIE M. VERDUCE 

vverduce@ftc.gov; (404) 656-1355 

Federal Trade Commission 

225 Peachtree Street, Suite 1500 

Atlanta, GA 30303 

Facsimile: (404) 656-1379 

Attorneys for Plaintiff 

FEDERAL TRADE COMMISSION 

20 
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Case 1:22-cv-07389-CM-SN Document 92-1 Filed 08/28/23 Page 21 of 29 

FOR THE PEOPLE OF THE STATE OF CALIFORNIA: 

$XJXVW   Dated: ____________________ ROB BONTA 

Attorney General, State of California 

NICKLAS A. AKERS 

Senior Assistant Attorney General 

_______________________________ 

EMILY KALANITHI (NY 4191805) 

Supervising Deputy Attorney General

emily.kalanithi@doj.ca.gov; (415) 510-3468

JON F. WORM (admitted pro hac vice)

Supervising Deputy Attorney General 

jon.worm@doj.ca.gov; (619) 738-9325 

ADELINA ACUÑA (admitted pro hac vice)

Deputy Attorney General

adelina.acuna@doj.ca.gov; (415) 510-3752

TIMOTHY E. SULLIVAN (admitted pro hac vice)

Deputy Attorney General

timothy.sullivan@doj.ca.gov; (510) 879-0987

CAROLINE E. WILSON (admitted pro hac vice)

Deputy Attorney General 

callie.wilson@doj.ca.gov; (415) 229-0106 

California Department of Justice 

Office of the Attorney General 

455 Golden Gate Ave., 11th Fl. 

San Francisco, CA 94102 

Attorneys for Plaintiff 

PEOPLE OF THE STATE OF CALIFORNIA 

21 
Case 1:22-cv-07389-CM-SN Document 92-1 Filed 08/28/23 Page 22 of 29 

FOR THE STATE OF COLORADO: 

PHILIP J. WEISER 

mittedpro hac 

J\ssistant Attorney General 

Abigail.Hinchcliff@coaQ.gov; (720) 508-6000 

BRADY J. GRASSMEYER (admitled pro hac vice) 

Assistant Attorney General 

Brady.Grassmeyer(@coau.gov; (720) 508-6000 . 

1300 Broadway, I 0th Floor 

Denver, CO 80203 

Attorneys for Plaintiff 

ST A TE OF COLORADO 

22 
FOR THE STATE OF FLORIDA: 

Dated: __,,.g::,.._/_l_+_ f ~_3_ ASHLEY MOODY 

Attorney General, State of Florida 

RYANNFLACK(adm'tttei{"pro hac vice) 

Miami Bureau Chief 

Ryann.Flack@myfloridalegal.com; (786) 792-6249 

MILES VAUGHN (admitted pro hac vice) 

Assistant Attorney General 

Miles.Vaughn@myfloridalegal.com; (813)287-7257 

Office of the Attorney General 

Consumer Protection Division 

SunTrust International Center 

l S.E. 3rd A venue, Suite 900 

Miami, FL 33131 

Attorneys for Plaintiff 

STA TE OF FLORIDA 

23 

Case 1:22-cv-07389-CM-SN Document 92-1 Filed 08/28/23 Page 23 of 29 
Case 1:22-cv-07389-CM-SN Document 92-1 Filed 08/28/23 Page 24 of 29 

FOR THE PEOPLE OF THE STATE OF ILLINOIS: 

THE PEOPLE OF THE STATE OF 

ILLINOIS, by KWAME RAOUL, 

ATTORNEY GENERAL OF ILLINOIS 

crLl~ilfdv,u 

CASSANDRA HALM (admitted pro hac vice) 

Assistant Attorney General 

Cassandra.Halm(@ilag.go'{; (217) 725-9591 

ELIZABETH BLACKSTON (admitted pro hac 

vice) 

Bureau Chief 

Elizabeth.Blackston@ilag.gov; (217) 725-8649 

Office of the Illinois Attorney General 

500 South Second Street 

Springfield, IL 6270 I 

Attorneys for Plaintiff 

PEOPLE OF THE STATE OF ILLINOIS 

24 
FOR THE COMMONWEAL TH OF MASSACHUSETTS: 

Dated: ANDREA JOY CAMPBELL 

Attorney General 

Commonwealth of Massachusetts 

Mychii , ape (MS I 

Assista t Attorney General 

Mychii.Snape@mass.gov; (617) 727-2200 

Consumer Protection Division 

Office of the Attorney General 

One .Ashburton Place, I 8th Floor 

Boston, MA 02108 

Attorney for Plaintiff 

COMMONWEAL TH OF MASSACHUSETTS 

25 

Case 1:22-cv-07389-CM-SN Document 92-1 Filed 08/28/23 Page 25 of 29 
--------

Case 1:22-cv-07389-CM-SN Document 92-1 Filed 08/28/23 Page 26 of 29 

FOR THE PEOPLE OF mE STATE OF NEW YORK: 

8/21/23 Dated: LETITIA JAMES 

Attorney General of the State ofNew York 

Assistant Attorney General 

Melvin.Goldberg(iz;,ag.ny.gov; (212) 416-8296 

Christian Reigstad 

Assistant Attorney General 

Christian.Reigstad@ag.ny.gov; (212) 416-8321 

28 Liberty Street 

New York, New York 10005 

Facsimile: 212-416-6003 

Attorney for Plaintiff 

PEOPLE OF TI-IE STATE OF NEW YORK 

and 

JANEM. AZIA 

Bureau Chief 

Consumer Frauds and Protection Bureau 

LAURA J. LEVINE 

Deputy Bureau Chief 

Bureau of Consumer Frauds and Protection 

OfCounsel for Plaintiff 

PEOPLE OF THE STATE OF NEW YORK 

26 
 

 

 

 

 

Case 1:22-cv-07389-CM-SN Document 92-1 Filed 08/28/23 Page 27 of 29 

FOR DEFENDANTS ROOMSTER CORP., JOHN SHRIBER, AND ROMAN ZAKS: 

 GREENBERG TRAURIG, LLP 

Jennifer A. Surprenant 

Sarah E. Atlas 

One Vanderbilt Avenue 

New York, NY 10017 

Tel: (212) 801-9200 

Fax: (212) 801-6400 

SurprenantJ@gtlaw.com 

atlass@gtlaw.com 

Andrew G. Berg 

2101 L Street, N.W. 

Suite 1000 

Washington, DC 20037 

Tel: (202) 331-3181 

berga@gtlaw.com 

Gary E. Snyder 

Terminus 200 

3333 Piedmont Road NE 

Suite 2500 

Atlanta, GA 30305 

Tel: (678) 553-2121 

snyderg@gtlaw.com 

DEFENDANTS: 

JOHN SHRIBER, INDIVIDUALLY 

AND AS AN OFFICER OF ROOMSTER CORP. 

Date: 

Date: 

ROMAN ZAKS, INDIVIDUALLY 

AND AS AN OFFICER OF ROOMSTER CORP. 

27 

 









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