1 

2 

3 

4 

5 

6 IN THE UNITED STATES DISTRICT COURT 

7 FOR THE DISTRICT OF ARIZONA 

8 9 United States of America, and 

Case No. _________________ 10 State of Arizona, ex rel. Kristin K. Mayes, 

11 Attorney General, 

12 Plaintiffs, STIPULATED ORDER FOR 

13 PERMANENT INJUNCTION, v. CIVIL PENALTY JUDGMENT, 14 

Vision Solar LLC, a limited liability AND OTHER RELIEF AS TO 

15 company, DEFENDANTS SOLAR XCHANGE 

LLC AND MARK GETTS 

16 Solar Xchange LLC, a limited liability 

17 company, also d/b/a Energy Exchange, and 

18 Mark Getts, individually and as an officer of 

Solar Xchange LLC, 19 

20 Defendants.

21 

22 Plaintiffs, the United States of America, acting upon notification and authorization 

23 to the Attorney General by the Federal Trade Commission (“Commission” or “FTC”),

24 and the State of Arizona ex rel. Kristin K. Mayes, Attorney General (the “State”)

25 (collectively, “Plaintiffs”) filed their Complaint for Permanent Injunction, Civil Penalties, 

26 and Other Relief (“Complaint”), for a permanent injunction, civil penalties, and other

27 relief in this matter, pursuant to Sections 5(a), 5(m)(1)(A), 13(b), 19, and 16(a)(1) of the 

28 Federal Trade Commission Act (“FTC Act”), 15 U.S.C. §§ 53(b), 57b, and 56(a)(1), 

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1 Section 6 of the Telemarketing and Consumer Fraud and Abuse Prevention Act 

2 (“Telemarketing Act”), 15 U.S.C. § 6105, the Arizona Consumer Fraud Act, A.R.S.

3 §§ 44-1521 to 44-1534 (the “ACFA”), and the Arizona Telephone Solicitations Act, 

4 A.R.S. §§ 44-1271 to 44-1282 (the “ATSA”). Defendants Solar Xchange LLC and Mark 

5 Getts (“Defendants”) have waived service of the summons and the Complaint. 

6 Defendants have been advised of the right to a trial in this matter, and have waived the 

7 same. Plaintiffs and Defendants stipulate to the entry of this Stipulated Order for 

8 Permanent Injunction, Civil Penalty Judgment, and Other Relief (“Order”) to resolve all

9 matters in dispute in this action between them. 

10 THEREFORE, IT IS ORDERED as follows: 

11 FINDINGS 

12 1. This Court has jurisdiction over this matter. 

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

14 violation of Section 5 of the FTC Act, 15 U.S.C. § 45, the FTC’s Telemarketing Sales

15 Rule (the “TSR”), as amended, 16 C.F.R. Part 310, and the above-listed Arizona state 

16 statutes in connection with the marketing of residential solar energy systems by, among 

17 other things: (a) falsely claiming during telemarketing calls that Defendant Solar 

18 Xchange LLC is affiliated with an electric utility or government entity; (b) making 

19 unsubstantiated claims regarding the cost savings associated with installing and using 

20 solar panels; (c) placing or causing to be placed telemarketing calls to consumers whose 

21 telephone numbers were on the National Do Not Call Registry; (d) causing phone 

22 numbers to ring, or engaging Persons in telephone conversations, repeatedly or 

23 continuously with the intent to annoy, abuse, or harass any Person at the called number. 

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

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

26 admit the facts necessary to establish jurisdiction. 

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

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

Case 2:23-cv-01387-DGC Document 2-2 Filed 07/14/23 Page 2 of 18 
3

1 of this Order, and agree to bear their own costs and attorney fees. 

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

3 validity of this Order. 

4 DEFINITIONS 

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

6 A. “Corporate Defendant” means Solar Xchange LLC and its successors and 

7 assigns. 

8 B. “Defendants” means the Corporate Defendant and the Individual Defendant,

9 individually, collectively, or in any combination. 

10 C. “Entity-Specific Do Not Call List” means a list of telephone numbers

11 maintained by a Seller or Telemarketer of Persons who previously have stated that they 

12 do not wish to receive Outbound Telephone Calls made by or on behalf of the Seller or 

13 Telemarketer. 

14 D. “Established Business Relationship” means a relationship between a

15 Seller and a consumer based on: (a) the consumer’s purchase, rental, or lease of the 

16 Seller’s goods or services or a financial transaction between the consumer and Seller,

17 within the eighteen months immediately preceding the date of a Telemarketing call; or 

18 (b) the consumer’s inquiry or application regarding a product or service offered by the 

19 Seller, within the three months immediately preceding the date of a Telemarketing call. 

20 E. “Express Written Agreement” means a written agreement that clearly

21 evidences a Person’s authorization that calls made by or on behalf of a specific party may 

22 be placed to that Person, and shall include the telephone number to which the calls may 

23 be placed and the signature of that Person. 

24 F. “Individual Defendant” means Mark Getts.

25 G. “Lead Generator” means any Person that provides, in exchange for 

26 consideration, consumer information to a Seller or Telemarketer for use in the 

27 Telemarketing of any goods or services. 

28 H. “Outbound Telephone Call” means a telephone call initiated by a

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1 Telemarketer to induce the purchase of goods or services or to solicit a charitable 

2 contribution. 

3 I. “Person” means any individual, group, unincorporated association, limited

4 or general partnership, corporation, or other business entity. 

5 J. “Seller” means any Person who, in connection with a Telemarketing

6 transaction or Telephone Solicitation, provides, offers to provide, or arranges for others 

7 to provide goods or services to the customer in exchange for consideration, whether or 

8 not such Person is under the jurisdiction of the Commission. 

9 K. “Telemarketer” means any Person who, in connection with Telemarketing, 

10 initiates or receives telephone calls to or from a customer or donor, whether or not such 

11 Person is under the jurisdiction of the Commission. 

12 L. “Telemarketing” means any plan, program, or campaign which is

13 conducted to induce the purchase of goods or services or a charitable contribution, by use 

14 of one or more telephones, and which involves more than one interstate telephone call. 

15 M. “Telephone Solicitation” means any voice communication from a live

16 operator, announcing device or otherwise that offers merchandise for sale or rent and that 

17 is to or from a person located in Arizona. 

18 ORDER 

19 I. Prohibition Against Misrepresentations 

20 IT IS ORDERED that Defendants, Defendants’ officers, agents, employees, and

21 attorneys, and all other Persons in active concert or participation with any of them, who 

22 receive actual notice of this Order, whether acting directly or indirectly, in connection 

23 with promoting or offering for sale any good or service, are permanently restrained and 

24 enjoined from misrepresenting or assisting others from misrepresenting, expressly or by 

25 implication: 

26 A. that Defendants are affiliated with a government entity or utility company; 

27 B. that consumers are being contacted because of any policy, directive, order, 

28 regulation, or program issued by a government entity or utility company; and 

Case 2:23-cv-01387-DGC Document 2-2 Filed 07/14/23 Page 4 of 18 
1 C. any other fact material to consumers concerning any product or service, 

2 such as: the total costs, any material restrictions, limitations, or conditions; or any 

3 material aspect of its performance, efficacy, nature, or central characteristics, including 

4 the cost savings associated with installing or using solar panels. 

5 II. Prohibition Against Deceptive Claims, 

6 Including False and/or Unsubstantiated Claims

7 IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents,

8 employees, and attorneys, and all other Persons in active concert or participation with any 

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

10 connection with promoting or offering for sale solar panels and installation services, are 

11 permanently restrained and enjoined from making any representation, expressly or by 

12 implication, about the cost savings that consumers may accrue by installing and using 

13 solar panels at their homes, unless the representation is non-misleading, and, at the time 

14 such representation is made, Defendants possess and rely upon a reasonable basis for the 

15 representation. 

16 III. Prohibitions on Abusive Telemarketing and Telephone Solicitations 

17 IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents,

18 employees, and attorneys, and all other Persons in active concert or participation with any 

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

20 connection with Telemarketing or Telephone Solicitations, are permanently restrained 

21 and enjoined from engaging in, causing others to engage in, or assisting others engaging 

22 in, any of the following practices: 

23 A. Initiating any Outbound Telephone Call to any telephone number listed on 

24 the National Do Not Call Registry, unless the Defendant proves that the call was placed 

25 on behalf of a Seller to a Person from whom the Seller had: 

26 1. Obtained the Express Written Agreement to place calls to that 

27 Person; or 

28 2. An Established Business Relationship with such Person; and that 

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1 Person has not stated that he or she does not wish to receive Outbound Telephone 

2 Calls made by or on behalf of the Seller. 

3 B. Causing any telephone to ring, or engaging any Person in telephone 

4 conversation, repeatedly or continuously with intent to annoy, abuse, or harass any 

5 Person at the called number. 

6 C. Initiating any Outbound Telephone Call to a Person when that Person 

7 previously has stated that he or she does not wish to receive an Outbound Telephone Call 

8 made by or on behalf of either the Seller whose goods or services are being offered, or 

9 made by or on behalf of the charitable organization for which a charitable contribution is 

10 being solicited. 

11 D. Failing to maintain an internal “do not call” list for Persons who previously

12 have stated that they do not wish to receive an Outbound Telephone Call made by or on 

13 behalf of either the Seller whose goods or services are being offered, or made by or on 

14 behalf of the charitable organization for which a charitable contribution is being solicited. 

15 E. Violating the Telemarketing Sales Rule, 16 C.F.R. Part 310, attached as 

16 Appendix A. 

17 IV. Lead Generator Review, Notice, and Termination 

18 IT IS FURTHER ORDERED that: 

19 A. Defendants shall, within ninety (90) days of entry of this Order: 

20 1. Review and determine the methods used by Defendants’ existing 

21 Lead Generators to obtain the leads sold or offered for sale to Defendants and, if any of 

22 those leads were obtained by means of an Outbound Telephone Call that does not comply 

23 with this Order, Defendants immediately shall cease purchasing leads from the Lead 

24 Generator unless and until Defendants confirm that the Lead Generator is in compliance 

25 pursuant to the requirements specified in Section IV.B. below; 

26 2. Provide, electronically or otherwise, Defendants’ existing Lead

27 Generators that use Outbound Telephone Calls to generate leads with (i) a copy of this 

28 Order; and (ii) a written notice stating that, if such Lead Generator sells any leads to 

Case 2:23-cv-01387-DGC Document 2-2 Filed 07/14/23 Page 6 of 18 
1 Defendants that do not comply with this Order, Defendants will immediately cease 

2 purchasing leads from such Lead Generator; and 

3 3. Request from all of Defendants’ existing Lead Generators that have

4 been provided notice pursuant to Section IV.A.2 above, an electronic acknowledgement 

5 or other signed and dated statement acknowledging receipt of this Order and the written 

6 notice set forth in the preceding subparagraph. If any Lead Generator fails to provide 

7 Defendant with such an acknowledgement within ten (10) days of such a request, 

8 Defendant shall immediately cease purchasing leads from such Lead Generator. 

9 B. Prior to purchasing leads from any new Lead Generator, Defendants shall: 

10 1. Review and determine the methods used by the Lead Generator to 

11 obtain leads offered for sale to Defendants and, if any of those leads were obtained by 

12 means of a telephone call that does not comply with this Order, Defendants are prohibited 

13 from purchasing such leads; 

14 2. For any Lead Generator previously terminated pursuant to Section 

15 IV.A.1 above, conduct additional reviews, as specified in Section IV.B.1 above, on a 

16 quarterly basis for one (1) year to ensure continued compliance with this Order; 

17 3. Provide, electronically or otherwise, Defendants’ Lead Generators

18 that use Outbound Telephone Calls to generate leads with: (1) a copy of this Order; and 

19 (ii) a written notice stating that, if such Lead Generator sells any leads to Defendants that 

20 do not comply with this Order, Defendant will immediately cease purchasing leads from 

21 such Lead Generator; and 

22 4. Obtain from each new Lead Generator provided notice pursuant to 

23 Section V.B.3 above an electronic acknowledgement or other signed and dated statement 

24 acknowledging receipt of this Order and the written notice set forth in the preceding 

25 subparagraph. 

26 V. Monetary Judgment for Civil Penalty 

27 IT IS FURTHER ORDERED that: 

28 A. Judgment in the amount of Thirteen Million Eight Hundred Fifty-Nine 

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1 Thousand, Two Hundred Eighty-Three Dollars ($13,859,283.00) is entered in favor of 

2 Plaintiffs against the Corporate Defendant and the Individual Defendant, jointly and 

3 severally, as a civil penalty. 

4 B. Defendants are ordered to pay to Plaintiff United States of America, by 

5 making payment to the Treasurer of the United States, Sixty-Two Thousand Five 

6 Hundred Dollars ($62,500.00). Such payment must be made within 7 days of entry of 

7 this Order by electronic fund transfer in accordance with instructions previously provided 

8 by a representative of Plaintiff United States of America. 

9 C. Defendants are ordered to pay Plaintiff State of Arizona Sixty-Two 

10 Thousand Five Hundred Dollars ($62,500.00). Such payment must be made within 7 

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

12 previously provided by a representative of Plaintiff State of Arizona. The money will be 

13 deposited into the Consumer Protection-Consumer Fraud Revolving Fund pursuant to 

14 A.R.S. § 44-1531.01 and used for the purposes set forth therein. 

15 D. Upon completion of the payments required under Subsections V.B. and 

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

17 E. The Commission’s and Plaintiffs’ agreement to the suspension of part of

18 the judgment is expressly premised upon the truthfulness, accuracy, and completeness of 

19 Defendant’s sworn financial statements and related documents (collectively, “financial

20 representations”) submitted to the Commission, namely, the Declaration of Mark Getts 

21 dated April 26, 2023, including attachments. 

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

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

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

25 material misstatement or omission in the financial representations identified above. 

26 G. If the suspension of the judgment is lifted, the judgment becomes 

27 immediately due as to that Defendant in the amount specified in Subsection V.A. above 

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

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

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

3 VI. Additional Monetary Provisions 

4 IT IS FURTHER ORDERED that: 

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

6 interest in all assets transferred pursuant to this Order and may not seek the return of any 

7 assets. 

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

9 proof, in any subsequent civil litigation by or on behalf of the Commission or Plaintiffs in 

10 a proceeding to enforce their rights to any payment or monetary judgment pursuant to this 

11 Order. 

12 C. Defendants agree that the judgment represents civil penalties owed to the 

13 governments of the United States and the State of Arizona, is not compensation for actual 

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

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

16 D. Defendants acknowledge that their Taxpayer Identification Numbers 

17 (Social Security Numbers or Employer Identification Numbers), which Defendants must 

18 submit to the Commission, may be used for collecting and reporting on any delinquent 

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

20 VII. Customer Information 

21 IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents,

22 employees, and attorneys, and all other Persons in active concert or participation with any 

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

24 permanently restrained and enjoined from: 

25 A. disclosing, using, or benefitting from customer information, including the 

26 name, address, telephone number, email address, social security number, other 

27 identifying information, or any data that enables access to a customer’s account

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

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1 obtained prior to entry of this Order in connection with Telemarketing or Telephone 

2 Solicitations based on a lead provided by a Lead Generator from whom Defendants are 

3 required to cease purchasing leads pursuant to Subsection IV.A. of this Order; and 

4 B. failing to destroy customer information referenced in Subsection VII.A. in 

5 all forms in their possession, custody, or control within 30 days after determining that the 

6 information was obtained from a Lead Generator from whom Defendants are required to 

7 cease purchasing leads pursuant to Subsection IV.A. of this Order. 

8 VIII. Cooperation 

9 IT IS FURTHER ORDERED that Defendants must fully cooperate with 

10 representatives of Plaintiffs and the Commission in this case and in any investigation 

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

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

13 testimony. Individual Defendant must appear and Corporate Defendant must cause its 

14 officers, employees, representatives, or agents to appear for interviews, discovery, 

15 hearings, trials, and any other proceedings that a Plaintiff or Commission representative 

16 may reasonably request upon ten (10) days written notice, or other reasonable notice, at 

17 such places and times as a Plaintiff or Commission representative may designate, without 

18 the service of a subpoena. 

19 IX. Order Acknowledgments 

20 IT IS FURTHER ORDERED that Defendants obtain acknowledgments of receipt 

21 of this Order: 

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

23 Commission and to the Arizona Attorney General’s Office an acknowledgment of receipt 

24 of this Order sworn under penalty of perjury. 

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

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

27 majority owner or controls directly or indirectly, and Corporate Defendant, must deliver a 

28 copy of this Order to: (1) all principals, officers, directors, and LLC managers and 

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1 members; (2) all employees having managerial responsibilities for conduct related to the 

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

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

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

5 must occur within 7 days of entry of this Order for current personnel. For all others, 

6 delivery must occur before they assume their responsibilities. 

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

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

9 acknowledgment of receipt of this Order. 

10 X. Compliance Reporting

11 IT IS FURTHER ORDERED that Defendants make timely submissions to the 

12 Commission and to the State: 

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

14 compliance report, sworn under penalty of perjury: 

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

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

17 representatives of the Commission and Plaintiffs may use to communicate with 

18 Defendant; (b) identify all of that Defendant’s businesses by all of their names, telephone

19 numbers, and physical, postal, email, and Internet addresses; (c) describe the activities of 

20 each business, including the goods and services offered, the means of advertising, 

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

22 Defendant must describe if he knows or should know due to his involvement); (d) 

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

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

25 this Order, unless previously submitted to the Commission. 

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

27 numbers and all physical, postal, email and Internet addresses, including all residences; 

28 (b) identify all business activities, including any business for which such Defendant 

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

2 Defendant has any ownership interest; and (c) describe in detail such Defendant’s

3 involvement in each such business, including title, role, responsibilities, participation, 

4 authority, control, and any ownership. 

5 B. For ten (10) years after entry of this Order, each Defendant must submit a 

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

7 following: 

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

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

10 any ownership interest in or controls directly or indirectly that may affect compliance 

11 obligations arising under this Order, including: creation, merger, sale, or dissolution of 

12 the entity or any subsidiary, parent, or affiliate that engages in any acts or practices 

13 subject to this Order. 

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

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

16 business activity, including any business for which Individual Defendant performs 

17 services whether as an employee or otherwise and any entity in which such Defendant 

18 has any ownership interest, and identify the name, physical address, and any Internet 

19 address of the business or entity. 

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

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

22 Defendant within 14 days of its filing. 

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

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

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

26 States of America that the foregoing is true and correct. Executed on: ______” and

27 supplying the date, signatory’s full name, title (if applicable), and signature.

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

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

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

3 Director for Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 

4 600 Pennsylvania Avenue NW, Washington, DC 20580. The subject line must begin: 

5 FTC v. Solar Xchange LLC, Matter No. 2223063. 

6 XI. Recordkeeping 

7 IT IS FURTHER ORDERED that Defendants must create certain records for ten 

8 (10) years after entry of this Order, and retain each such record for five (5) years. 

9 Specifically, Corporate Defendant and Individual Defendant for any business that such 

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

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

12 A. Accounting records showing the revenues from all goods or services sold; 

13 B. Personnel records showing, for each person providing services, whether as 

14 an employee or otherwise, that person’s: name; addresses; telephone numbers; job title or

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

16 C. Records of all consumer complaints, whether received directly or indirectly, 

17 such as through a third party, and any response; 

18 D. Records of all Outbound Telephone Calls dialed by Defendants or on 

19 behalf of Defendants or their businesses by their vendors, contractors, or 

20 telecommunications providers, including for each call: (a) the number called; (b) the time 

21 and date of the call; (c) the duration of the call; and (d) any telephone number or IP 

22 address to which the call was forwarded or transferred; 

23 E. Copies of any Express Written Agreements obtained by the Defendants, 

24 whether directly or indirectly, or documentation of any Established Business 

25 Relationships, that correspond to all Outbound Telephone Calls made by or on behalf of 

26 Defendants to telephone numbers listed on the National Do Not Call Registry; 

27 F. Copies of any websites, emails, text messages, or other communications 

28 used by Defendants or any third party since entry of this Order to obtain Express Written 

Case 2:23-cv-01387-DGC Document 2-2 Filed 07/14/23 Page 13 of 18 
14

1 Agreements or create an Established Business Relationship for calls made by or on behalf 

2 of Defendants to telephone numbers listed on the National Do Not Call Registry. 

3 G. All records necessary to demonstrate full compliance with each provision

4 of this Order, including all submissions to the Commission. 

5 XII. Compliance Monitoring

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

7 compliance with this Order, including the financial representations upon which part of 

8 the judgment was suspended and any failure to transfer any assets as required by this 

9 Order: 

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

11 Commission or Plaintiffs, each Defendant must: submit additional compliance reports or

12 other requested information, which must be sworn under penalty of perjury; appear for 

13 depositions; and produce documents for inspection and copying. The Commission and 

14 Plaintiffs are also authorized to obtain discovery, without further leave of court, using 

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

16 telephone depositions), 31, 33, 34, 36, 45, and 69, provided that Defendants, after 

17 attempting to resolve a dispute without court action and for good cause shown, may file a 

18 motion with this Court seeking an order for one or more of the protections set forth in 

19 Rule 26(c). 

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

21 authorized to communicate directly with each Defendant. Defendants must permit 

22 representatives of the Commission and Plaintiffs to interview any employee or other 

23 person affiliated with any Defendant who has agreed to such an interview. The person 

24 interviewed may have counsel present. 

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

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

27 entities, to Defendants or any individual or entity affiliated with Defendants, without the 

28 necessity of identification or prior notice. Nothing in this Order limits the Commission’s

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15

1 lawful use or compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 

2 U.S.C. §§ 49, 57b-1. 

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

4 any consumer reporting agency must furnish consumer reports concerning Individual 

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

6 § 1681b(a)(1). 

7 XIII. Retention of Jurisdiction 

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

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

10 This ____ day of ____________, 2023. 

 11 

12 

_________________________________ 

 13 UNITED STATES DISTRICT JUDGE 

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Case 2:23-cv-01387-DGC Document 2-2 Filed 07/14/23 Page 15 of 18 
1 SO STIPULATED AND AGREED: 

2 FOR THE UNITED STATES OF AMERICA

3 

BRIAN M. BOYNTON 4 Principal Deputy Assistant Attorney General 

5 Civil Division 

6 ARUN G. RAO 

7 Deputy Assistant Attorney General 

Civil Division 

8 

9 AMANDA N. LISKAMM 

Director, Consumer Protection Branch 

10 

RACHAEL L. DOUD 11 

Assistant Director, Consumer Protection Branch 

12 

13 July 14, 2023 _______________________________ Date: __________________ 

14 Coleen Schoch 

Nicole Frazer 15 Trial Attorneys 

16 Consumer Protection Branch

Civil Division, U.S. Department of Justice 17 450 5th Street, NW, Suite 6400-South

18 Washington, DC 20044-0386

Telephone: (202) 305-7386 19 Facsimile: (202) 514-8742

20 Email: Coleen.schoch@usdoj.gov

Email: Nicole.Frazer@usdoj.gov

21 

22 

23 

24 

25 

26 

27 

28 

16

Case 2:23-cv-01387-DGC Document 2-2 Filed 07/14/23 Page 16 of 18 
1 FOR THE STATE OF ARIZONA 

2 

KRISTIN K. MAYES 

3 Attorney General, State of Arizona 

4 

5 _______________________________ Date: ____07/14/2023

______________ 

Laura Dilweg 6 Joseph Hubble 

7 Assistant Attorneys General 

Office of the Attorney General 8 2005 North Central Avenue 

9 Phoenix, AZ 85004-1592 

Telephone: (602) 542-7753 10 Telephone: (602) 542-8766 

11 Facsimile: (602) 542-4377 

Email: consumer@azag.gov 12 Email: Laura.Dilweg@azag.gov 

13 Email: Joseph.Hubble@azag.gov 

14 

FOR THE FEDERAL TRADE COMMISSION 15 

16 

Date: 07/14/2023 17 Alan Bakowski 

18 Robin Rock 

Attorneys 19 Federal Trade Commission 

20 233 Peachtree Street N.E., Suite 1000 

(404) 656-1363; abakowski@ftc.gov 21 (404) 656-1368; rrock@ftc.gov

22 

23 

24 

25 

26 

27 

28 

17

Case 2:23-cv-01387-DGC Document 2-2 Filed 07/14/23 Page 17 of 18 
1 FOR DEFENDANTS: 

2 

3 

d/4 

Isaac M. G riel 

4 Dorsey & Whitney LLP 

2398 E. Camelback Rd., Suite 760 5 Phoenix, AZ 85016 

6 (602) 735-2702 

gabriel. isaac@dorsey.com 7 

8 Counsel for Solar Xchange LLC and Mark Getts 

9 

10 

11 DEFENDANTS: 

12 

13 ~ Date: 

MARK.GETTS 

- 7 / J- / Z.2 

14 INDIVIDUALLY AND AS AN 

15 OFFICER OF SOLAR XCHANGE LLC 

16 

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I 8 

Case 2:23-cv-01387-DGC Document 2-2 Filed 07/14/23 Page 18 of 18