SEMIANNUAL FEDERAL COURT

LITIGATION STATUS REPORT

Office of the General Counsel

Bureau of Competition

Bureau of Consumer Protection

Regional Offices

June 30, 2023

No. 141
ii

TABLE OF CONTENTS

SUMMARY OF CASES ...............................................................................................................iii

PETITIONS FOR REVIEW........................................................................................................... 1

(A) Orders to Cease and Desist............................................................................................... 1

(B) Rulemakings..................................................................................................................... 1

INJUNCTIONS AND CONSUMER REDRESS........................................................................... 2

(A) Preliminary Injunctions (Mergers/Acquisitions).............................................................. 2

(B) Preliminary Injunctions (Other) ....................................................................................... 6

(C) Permanent Injunctions/Consumer Redress....................................................................... 6

CIVIL PENALTY AND ENFORCEMENT CASES................................................................... 56

(A) Consumer Protection...................................................................................................... 56

(B) Competition.................................................................................................................... 72

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS..................................................... 72

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION....................... 74

AMICUS CURIAE BRIEFS OR PARTIAL INTERVENTIONS ............................................... 85
iii

SUMMARY OF CASES

Dist. Ct. Ct. App.0F

* S. Ct. Total

PETITIONS FOR REVIEW 0 2 0 2 

INJUNCTION AND

CONSUMER REDRESS CASES

42 14 1 57 

CIVIL PENALTY AND 

ENFORCEMENT CASES

29 1 0 30 

SUBPOENA AND CID

ENFORCEMENTS

5 0 0 5 

SUITS TO ENJOIN FTC 

ACTION AND OTHER

DEFENSIVE LITIGATION

15 4 1 20 

AMICUS CURIAE BRIEFS 2 10 0 12 

TOTALS 93 31 2 126 

* Includes all cases in which appellate proceedings have taken place during the reporting period or are pending; 

these cases are not counted in the District Court column, even if such proceedings are occurring simultaneously.
1 

PETITIONS FOR REVIEW

(A) Orders to Cease and Desist

ILLUMINA v. FTC, No. 23-60167 (5th Cir.)

Parties: Illumina, Inc.

 Grail, LLC

 

Assigned Attorneys: Matthew Hoffman (OGC)

 Anisha Dasgupta 

 

Nature of Action: Petition for review of final Commission order.

Status: Petition for review filed 4/5/23. 

Illumina and Grail’s opening brief filed 6/5/23; Commission’s answering 

brief due 7/26/23; Illumina and Grail’s reply brief due 8/16/23. 

 Oral argument scheduled for 9/12/23. 

 

TRAFFIC JAM EVENTS v. FTC, No. 21-60947 (5th Cir.)

Parties: Traffic Jam Events, LLC

 David Jeansonne 

Assigned Attorneys: Mariel Goetz (OGC)

 Imad Abyad 

Nature of Action: Petition for review of final Commission order.

Status: Petition for review filed 12/21/21. 

 Traffic Jam Event’s opening brief filed 3/28/22; Commission’s 

 answering brief filed 6/10/22; Traffic Jam’s reply brief filed 

 9/9/22. 

Oral argument held 5/3/23. 

(B) Rulemakings

 (None Pending) 
2 

INJUNCTIONS AND CONSUMER REDRESS

(A)Preliminary Injunctions (Mergers/Acquisitions)

FTC v. AMGEN, No. 1:23-cv-03053 (N.D. Ill.) 

Parties: Amgen Inc.

 Horizon Therapeutics PLC

States of New York, California, Illinois, Minnesota, Washington, and 

Wisconsin (Co-Plaintiffs)

Assigned Attorneys: Nathan Brenner (Office of Director/BC)

 Jordan Andrew (BC/Mergers I) 

 Jacob Danziger

 Evelyn Hopkins 

 Evan Johnson 

 Matt Joseph

 Stephen Mohr 

 Dylan Naegele

 Tyler Sanborn 

Anjelica Sarmiento

Andrew Scheperle

Hilla Shimshoni

Jessica Weiner

Rachel Sifuentes (BCP/MRO)

Nature of Action: Action for preliminary injunction to block the proposed acquisition of 

Horizon Therapeutics PLC., a pharmaceutical company, by Amgen Inc. 

Status: Complaint filed 5/16/23. 

 Stipulated TRO entered 5/17/23. 

 Amended complaint filed 6/22/23. 

 Answer to amended complaint and counterclaims filed 6/29/23. 

FTC v. INTERCONTINENTAL EXCHANGE No. 3:23-cv-1710 (N.D. Cal.)

Parties: Intercontinental Exchange, Inc 

 Black Knight, Inc 

Assigned Attorneys: Abby Dennis (Office of Director/BC) 

Neal Jonathan Perlman

Susan Musser

 Janet Kim (BC/Mergers II)

 Laura Antonini 

Ashley Masters (BC/Mergers III)

 Caitlin Cipicchio 
3 

 Catharine Bill

 Christopher Lamar 

 Daniel Aldrich

 Jessica Drake

Lauren Sillman

Nicolas Stebinger

 Nina Shishir Thanawala 

 Peter Alan Richman

 Steven Couper 

 Christopher Matthew Megaw (BC/Mergers IV) 

Nature of Action: Action for preliminary injunction to block proposed acquisition of rival 

mortgage loan technology provider Black Knight, Inc by Intercontinental 

Exchange, Inc (ICE). 

Status: Complaint filed 4/10/23. 

 Emergency motion for TRO filed 4/21/23. 

 Defendants’ answers to complaint and affirmative defenses filed 4/25/23. 

 Commission’s motion to strike affirmative defenses filed 5/16/23.

 Defendants’ response to Commission’s motion to strike filed 5/30/23. 

 Commission’s reply filed 6/6/23. 

 Status conference held 6/22/23. 

Defendants; submission addressing the court’s authority to stay the 

administrative hearing filed 6/23/23; Commission’s response 

filed 6/28/23. 

FTC v. LOUISIANA CHILDREN’S MEDICAL CENTER, No. 2:23-cv-1890 (E.D. La.); No. 

1:23-cv-01103 (D.D.C.) 

Parties: Louisiana Children’s Medical Center 

 HCA Healthcare, Inc. 

Attorney General of the State of Louisiana (Intervenor) 

Assigned Attorneys: Daniel Matheson (Office of Director/BC)

 James Weingarten

 Susan Musser

 Neal Perlman

 Adam Pergament (Mergers IV/BC)

 Mark Seidman

 Stephen Rodger (Mergers I/BC) 

 

Nature of Action: Action to require compliance with filing requirements of HSR Act in 

connection with acquisition by Louisiana Children’s Medical Center 

(LCMC) of three competing hospitals from HCA Healthcare, and for 

preliminary injunction pending court’s ruling on the merits. 
4

Status: Petition filed 4/20/23.

Defendants’ motions to dismiss for lack of personal jurisdiction and to 

transfer case filed 4/24/23; Commission’s opposition to motions 

filed 4/26/23; Defendants’ reply filed 4/28/23.

Order denying motion to dismiss as moor and granting motion to transfer 

case entered 5/23/23.

Case transferred to E.D. La. 6/7/23.

Motion to intervene by to Intervene by Attorney General of the State of 

Louisiana filed 6/9/23.

Defendant’s motion to consolidate case with Louisiana Children’s 

Medical Center v. Attorney General of the United States, No. 2:23-

1305, filed 6/13/23.

Defendants’ answer to petition filed 6/20/23.

Order granting motion to consolidate cases entered 6/22/23.

FTC v. META PLATFORMS, INC. et al., No. 5:22-cv-04325 (N.D. Cal.)

Parties: Meta Platforms, Inc.

Within Unlimited, Inc.

Assigned Attorneys: Abby Dennis (Office of Director/BC)

Susan Musser

Jeanine Balbach (BC/Mergers II)

Peggy Bayer Femenella 

Eric Elmore

Justin Epner

Joshua Goodman

Sean Hughto

Frances Anne Johnson

Andrew Lowdon

Lincoln Mayer

Timothy Singer

Michael Barnett (BC/Mergers I)

Adam Pergament (BC/ Mergers IV)

Anthony Saunders

Bradley Grossman (OGC)

Nature of Action: Action for preliminary injunction to block the proposed acquisition of 

Within Unlimited, Inc., a virtual reality fitness company, by Meta 

Platforms, Inc.

Status: Complaint filed 7/27/22.

TRO entered 7/29/22.

Amended Complaint filed 10/7/22.

Commission’s motion to strike certain affirmative defenses filed 9/9/22; 

Defendants’ opposition filed 9/23/22; Commission’s reply filed 
5

9/30/22; oral argument heard 10/21/22; motion granted in part 

11/2/22.

Defendants’ motion to dismiss amended complaint filed 10/13/22; 

Commission’s opposition filed 10/27/22; Defendants’ reply filed 10/31/22. 

Commission’s motion for preliminary injunction filed 10/31/22; 

Defendants’ opposition filed 11/14/22; Commission’s reply filed 

11/21/22.

Evidentiary hearing held from 12/8/22 to 12/20/22.

Order denying preliminary injunction entered 1/31/23.

FTC v. MICROSOFT CORP., No. 3:23-cv-2880 (N.D. Cal.)

Parties: Microsoft Corporation

Activision Blizzard, Inc

Amazon.com, Inc

Assigned Attorneys: James Harris Weingarten (Office of Director/BC)

Jennifer Fleury

Amanda Leigh Butler (BC/Mergers II)

Cem Akleman

David Morris

Edmund Saw

Ethan Gurwitz

Joseph Alexander Ansaldo

James Abell

James Gossmann

Kassandra DiPietro

Maria Cirincione

Meredith Levert

Merrick Pastore

Michael Blevins

Michael Anthony Franchak

Nicole Callan

Peggy Femenella

Stephen Santulli

Erika Ruth Wodinsky (WR-SF)

Nature of Action: Action for preliminary injunction to block proposed acquisition of 

Activision Blizzard, Inc by Microsoft Corporation.

Status: Complaint filed 6/12/23.

TRO entered 6/13/23.

Evidentiary hearing held on 6/22/23 to 6/29/23.
6 

(B) Preliminary Injunctions (Other)

(None Pending) 

(C)Permanent Injunctions/Consumer Redress1F

*

 

FTC v. ACRO Services LLC, No. 3:22-cv-00895 (M.D. Tn.) 

 

Parties: ACRO Services, LLC, also d/b/a Capital Compliance Solutions

 American Consumer Rights Organization, also d/b/a Tristar Consumer 

Law Organization

 First Call Processing LLC

 Music City Ventures, Inc., also d/b/a Tri Star Consumer Group 

 Nashville Tennessee Ventures, Inc., also d/b/a Integrity Resolution Group 

 Reliance Solutions, LLC, also d/b/a Reliance Services, LLC

 Thacker & Associates Int’l LLC

 Consumer Protection Resources, LLC

 Sean Austin

 John Steven Huffman

 John Preston Thompson 

 

Assigned Attorneys: Margaret Burgess (SER)

 Alan Bakowski 

 Natalya Rice

 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act and 

 Telemarketing Sales Rule in connection with the sale of purported credit 

 card debt relief services.

Status: Complaint filed 11/7/22. 

TRO entered 11/21/22. 

Stipulated preliminary injunction order entered 12/13/22. 

 Stipulated orders for permanent injunction and monetary judgment entered 

4/28/23. 

Commission’s motion for default judgment as to ACRO Services LLC, 

American Consumer Rights Organization, Consumer Protection

Resources, LLC, First Call Processing LLC, Music City Ventures,

INC., Nashville Tennessee Ventures, Inc., Reliance Solutions, 

LLC, Thacker & Associates Int'l LLC filed 6/16/23. 

FTC v. AMERICAN VEHICLE PROTECTION CORP., No 0:22-cv-60298 (S.D. Fla.) 

Parties: American Vehicle Protection Corp. 

Tony Gonzalez 

* Unless otherwise noted, cases involve suits for permanent injunction and other equitable relief. Post-judgment 

proceedings in district court are not generally reported.
7 

Tony Gonzalez Consulting Group, Inc. 

Charles Gonzales

CG3 Solutions, Inc. 

Daniel Kole

Kole Consulting Group, Inc. 

Assigned Attorneys: Hans Clausen (SER)

 Christopher Gleason 

Harold Kirtz

Alleged conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act and 

the Telemarketing Sales Rule in connection with the marketing and sale of 

purported extended automobile warranties. 

Status: Complaint filed 2/2/22. 

Order consolidating case with No. 22-cv-60301 entered 2/28/22. 

Motion to dismiss complaint by defendants filed 3/25/22; FTC’s 

opposition filed 4/8/22; defendants’ reply filed 4/15/22. 

Defendants’ motion to dismiss denied 10/24/22. 

Stipulated order for permanent injunction and monetary judgment as to 

defendants American Vehicle Protection Corp., CG3 Solutions, 

Tony Gonzalez Consulting Group, Tony Gonzales, and Charles 

Gonzales entered 3/27/23. 

Joint motion to stay proceedings for 60 days to complete settlement 

negotiations filed 5/2/23. 

Commission’s notice of settlement filed 6/22/23. 

Stipulated order for permanent injunction and monetary judgment as to

defendants Daniel Kole and Kole Consulting Group, Inc. entered 

6/23/23. 

Order closing case entered 6/27/23. 

FTC v. AMERICAN FUTURE SYSTEMS, INC., No. 2:20-cv-02266 (E.D. Pa.) 

Parties: American Future Systems, Inc. d/b/a Progressive Business Publications 

d/b/a Progressive Business Publications, Inc. d/b/a Center for 

Education & Employment Law

Progressive Business Publications of New Jersey, Inc. d/b/a Progressive 

Business Publications, Inc. d/b/a Center for Education and 

Employment Law 

International Credit Recovery, Inc. d/b/a ICR 

Edward M. Satell

Richard Diorio, Jr. 

Cynthia Powell

Commonwealth of Pennsylvania (co-plaintiff)

Assigned Attorneys: Amy Hocevar (ECR)
8

Christian Capece

Derek Diaz

Harris Senturia

Maris Snell

Fil de Banate

Conor Duffy

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act and 

the Unordered Merchandise Statute, and in violation of Pennsylvania 

consumer protection law, in connection with Defendants’ deceptive selling 

of and collection of payment for publication subscriptions.

Status: Complaint filed 5/13/20.

Motion to file first amended complaint adding plaintiff Commonwealth of 

Pennsylvania filed 7/23/2020; motion granted 1/20/21.

Amended complaint filed 1/21/21.

Motion to dismiss for failure to state a claim filed by Defendants Richard 

Diorio, Jr., International Credit Recovery, Inc., and Cynthia Powell 

2/4/21; Commission response filed 3/4/21; Defendant reply filed 

3/25/21; motion denied 4/30/21.

Motion to dismiss for Defendants American Future Systems Inc., 

Progressive Business Publications of New Jersey, Inc., and Edward 

M. Satell filed 2/11/21; motion denied 4/30/21.

Defendants’ motion for judgment on the pleadings filed 6/24/21; motion 

denied 7/26/21.

Stipulated permanent injunction as to defendants International Credit 

Recovery, Inc., Richard Diorio, Jr., and Cynthia Powell entered 

3/24/2023.

Plaintiffs’ and Defendants’ cross motions for summary judgment filed 

6/26/23.

FTC v. AMERICAN SCREENING, LLC, No. 23-1616 (8th Cir.); No. 4:20-cv-1021 (E.D. Mo.)

Parties: American Screening, LLC

Ron Kilgarlin, Jr.

Shawn Kilgarlin

Assigned Attorneys: Dillon Lappe (BCP/ENF)

Omolara Joseney

Anne Collesano

Alleged Conduct: Deceptive acts or practices in violation of Sections 5(a) and 12 of the FTC 

Act in connection with the sale and marketing of face masks, sanitizer, and 

other personal protective equipment related to the coronavirus pandemic.

Status: Complaint filed 8/4/20.
9

FTC’s motion for summary judgment filed 10/1/21; defendants’ 

opposition filed 11/1/21; reply filed 11/15/21.

Order granting FTC’s motion for summary judgment in part and denying 

in part, leaving amount of equitable monetary relief to be 

determined at trial, entered 4/6/22.

Order vacating trial and directing parties to confer regarding remaining 

monetary relief issues entered 4/8/22.

Joint status report, reporting that parties have been unable to reach 

agreement to settle case and are prepared to proceed with bench 

trial on appropriate amount of monetary relief, filed 5/9/22.

FTC motion for summary judgment granted 7/14/22.Defendant’s 

memorandum in response to FTC’s proposed judgment filed 

8/9/22; 

FTC’s opposition to defendant’s response to proposed final order for 

permanent injunction and other monetary relief filed 8/16/22.

Final order and judgment for permanent injunction and monetary relief 

entered 1/31/23.

Defendants’ notice of appeal filed 3/30/23; amended notice of appeal filed

3/31/23.

Suggestion of filing bankruptcy as to defendant American Screening filed

4/12/23.

Appellants’ opening brief filed 6/9/23; Commission’s brief due 8/30/23.

FTC v. APEX CAPITAL GROUP, LLC, No. 22-55342 (9th Cir.); No. 2:18-cv-09573 (C.D. 

Cal.) 

Parties: Apex Capital Group, LLC

Capstone Capital Solutions Limited

Clik Trix Limited

Empire Partners Limited

Interzoom Capital Limited

Lead Blast Limited

Mountain Venture Solutions Limited

Nutra Global Limited

Omni Group Limited

Rendezvous it Limited

Sky Blue Media Limited

Tactic Solutions Limited

Phillip Peikos

David Barnett

SIA Transact Pro

Mark Moskvins

Thomas W. McNamara (Receiver)

Wells Fargo & Co. (Proposed Intervenor)

Wells Fargo Bank N.A. (Proposed Intervenor)
10 

Assigned Attorneys: Jonathan W. Ware (BCP/ENF)

 Sarah Waldrop

 Delilah Vinzon (WRO/LA)

Michael Bergman (OGC)

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) of the FTC Act, 

the Restore Online Shoppers’ Confidence Act, and the Electronic Fund 

Transfer Act in connection with the marketing of supposedly “free trial” 

offers for personal care products and dietary supplements online. 

Status: Complaint filed 11/14/18. 

Ex parte TRO entered 11/16/18. 

Stipulated preliminary injunctions entered 12/19/18. 

Amended complaint naming SIA Transact Pro and Mark Moskvins filed 

5/30/19. 

Stipulated orders for permanent injunction and monetary judgment as to 

David Barnett, Phillip Peikos, Apex Capital Group, LLC, Capstone 

Capital Solutions Limited, Clik Trix Limited, Empire Partners 

Limited, Interzoom Capital Limited, Lead Blast Limited, Mountain 

Venture Solutions Limited, Nutra Global Limited, Omni Group 

Limited, Rendezvous IT Limited, Sky Blue Media Limited, and 

Tactic Solutions Limited entered 9/11/19. 

Stipulated order for permanent injunction and monetary judgment as to 

Mark Moskvins and SIA Transact Pro entered 1/15/20. 

Motion to set aside monetary judgment in light of AMG filed 7/9/21; 

Commission’s opposition filed 8/9/21; reply filed 8/16/21; motion 

denied 9/3/21. 

Wells Fargo’s motion to intervene to challenge monetary judgment filed 

1/18/22; Commission’s opposition filed 2/7/22; Wells Fargo’s 

reply filed 2/21/22; order denying motion to intervene entered 

3/10/22. 

Wells Fargo’s notice of appeal filed 3/31/22. 

Wells Fargo’s opening brief filed 8/10/22; Commission’s answering brief 

filed 10/11/22; Receiver’s answering brief filed 10/11/22; Wells 

Fargo’s reply filed 12/1/22. 

Oral argument scheduled for 10/20/23. 

FTC v. BCO CONSULTING SERVICES, INC., No. 8:23-cv-00699-JWH (ADSx) (C. D. 

Cal.)

 

Parties: BCO Consulting Services, Inc. d/b/a Students Loan Services LLC

 SLA Consulting Services Inc. f/k/a Student Loan Advocates LLC

Gianni Olilang

Brandon Clores

Kishan Bhakta

Allan Radam
11 

 

Assigned Attorneys: Katherine Aizpuru (BCP/DFP)

Samuel Jacobson

Mary Weaver

 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act, the 

Telemarketing Act, and the Gramm-Leach-Bliley Act in connection with 

the marketing and sale of student loan debt relief services. 

 

Status: Complaint filed 4/24/23. 

Ex parte TRO entered 5/2/23; amended ex parte TRO entered 5/3/23; TRO 

extended 5/16/23. 

 Stipulated preliminary injunction entered 5/22/23.

FTC v. BINT OPERATIONS LLC, No. 4:21-cv-00518-KGB (E.D. Ark.) 

Parties: BINT Operations LLC

Lashonda Moore 

Marlon Deandre Moore 

State of Arkansas (Co-Plaintiff)

Assigned Attorneys: Reid Tepfer (SWR)

Luis Gallegos 

Anne Lejeune

David Alex

Serena Mosley-Day

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act, the 

Consumer Review Fairness Act, and Arkansas state consumer protection 

laws in connection with the operation of a “blessing loom” style pyramid 

scheme.

Status: Complaint filed 6/16/21. 

Defendants’ motion to dismiss for lack of jurisdiction filed 8/05/21; 

motion denied 3/31/22. 

Commission’s motion for summary judgment filed 1/27/23; defendants’ 

opposition filed 2/16/23; Commission’s reply filed 2/18/23. 

FTC v. CONSUMER DEFENSE, LLC, Nos. 18-15462, 19-16000, 19-17326; 20-15143, 20- 

15144 (9th Cir.); No. 2:18-cv-00030 (D. Nev.) 

Parties: Consumer Defense, LLC 

Consumer Link, Inc. 

Preferred Law, PLLC

American Home Loan Counselors 
12

Consumer Defense Group, LLC (formerly known as Modification Review 

Board, LLC)

Consumer Defense, LLC

Brown Legal, Inc.

AM Property Management, LLC

Fmg Partners, LLC

Zinly, LLC

Jonathan P. Hanley

Benjamin R. Horton

Sandra X. Hanley

American Home Loans, LLC

Assigned Attorneys: Gregory Ashe (BCP/FP)

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act and 

the Mortgage Assistance Relief Service Rule in connection with the 

marketing and sale of mortgage assistance relief.

Status: Complaint filed 1/8/18.

TRO entered 1/10/18. 

FTC Motion for preliminary injunction filed 1/8/18; Defendants’ 

opposition filed 2/12/18; Commission reply filed 2/14/18; 

Preliminary Injunction entered 2/20/18. 

Defendant Benjamin R Horton’s motion to dismiss filed 1/22/18; 

Commission’s response to motion filed 2/5/18; reply filed 2/15/18; 

motion denied 6/7/18. 

Defendants AM Property Management, LLC, American Home Loan 

Counselors, American Home Loans, LLC, Brown Legal, Inc, 

Consumer Defense Group, LLC, Consumer Defense, LLC, FMG 

Partners, LLC, Jonathan P. Hanley, Sandra X. Hanley, Preferred 

Law, PLLC, Zinly, LLC’s motions to dismiss filed 2/12/18; 

Commission’s responses to motions filed 2/26/18; replies filed 

3/5/18; motion denied 6/7/18.

Notice of appeal to Ninth Circuit of preliminary injunction filed 03/21/18 

(No. 18-15462). Appellants’ opening brief filed 4/18/18; 

Commission’s answering brief filed 5/16/18; reply brief filed 

6/6/18; Oral argument held 9/14/18. Decision by 9th Circuit 

affirming district court’s entry of preliminary injunction entered 

6/17/19. 

Receiver Thomas McNamara motion for order to sell Receivership 

property filed 4/18/18; Commission concurrence filed 4/30/18; 

Defendants’ opposition filed 5/1/18; Receiver reply filed 5/8/18; 

Order granting motion entered 1/18/19.

Stipulated final order for permanent injunction and monetary judgment as 

to defendant Benjamin Horton entered 6/5/18. 
13

Commission’s motion for entry of clerk’s default as to defendants 

Consumer Defense, LLC (Nevada) and Consumer Link, Inc. filed 

8/7/18; Clerk’s entry of default as to Consumer Defense, LLC 

(Nevada) and Consumer Link Inc. entered 1/28/19; default vacated 

on 6/14/19. 

Defendant Hanley motion to vacate order granting Receiver’s motion to 

sell property filed 1/28/19; Receiver opposition filed 1/31/19; 

Commission opposition filed 2/5/19; Order denying motion 

entered 4/30/19.

Defendant Hanley notice of appeal to Ninth Circuit of order denying 

motion to vacate order granting Receiver’s motion to sell property 

filed 5/10/19 (No. 19-16000); Ninth Circuit order dismissing 

appeal for failure to file fees entered 7/17/19.

Commission’s motion for default judgment against defendants Consumer 

Defense, LLC (Nevada) and Consumer Link, Inc. filed 5/7/19; 

Commission notice of withdrawal of motion filed 6/25/19.

Commission motion for summary judgment filed 7/15/19; defendants’

opposition filed 10/2/19; defendant Hanley’s opposition filed 

10/5/19; Commission reply brief filed 11/5/19.

Order granting Commission motion for summary judgment entered 

12/5/19.

Receiver Thomas McNamara motion to approve sale of Park City condo 

filed 8/30/19; Commission concurrence filed 9/13/19; defendants’ 

opposition filed 9/13/19; receiver’s reply filed 9/20/19; order 

granting motion entered 10/9/19.

Defendant Hanley’s notice of appeal to Ninth Circuit of order granting 

receiver’s motion for approval of sale of Park City condo filed 

11/12/19 (No. 19-7326); Ninth Circuit order dismissing Hanley’s 

appeal for failure to prosecute entered 3/20/20.

Defendant Sandra Hanley’s notice of appeal to Ninth Circuit of order 

granting summary judgment filed 2/3/20 (No. 20-15143).

Defendant Jonathan Hanley’s notice of appeal to Ninth Circuit of order 

granting summary judgment filed 2/3/20 (No. 20-15144).

Appellants Hanleys’ opening briefs filed 6/23/21; FTC’s response brief 

filed 8/23/21; Hanleys’ reply brief filed 9/13/21.

Decision by the Ninth Circuit vacating monetary judgment under Section 

13(b) and remanding to the District Court to consider whether 

award is appropriate pursuant to Section 19 entered 1/22/22.

FTC motion for entry of judgment pursuant to Section 19 filed 3/22/22;

Defendants’ opposition filed 4/5/22; FTC reply filed 4/12/22.

Order granting FTC motion for monetary judgment pursuant to Section 19 

entered 12/30/22.

Judgment of $11,906,792 against the Hanleys entered 1/3/23.

Hanleys’ motion for order to stop FTC from distributing funds filed 

1/20/23; Commission’s opposition filed 2/3/23; Hanleys’ reply 

filed 2/9/23.
14

FTC v. CREDIT BUREAU CENTER, LLC., No. 21-2945 (7th Cir.), No. 1:17-cv-00194 (N.D. 

Ill.)

Parties: Credit Bureau Center, LLC, f/k/a MyScore, LLC d/b/a efreescore.com, 

creditupdates.com, and freecreditnation.com

Michael Brown

Danny Pierce

Andrew Lloyd

Assigned Attorneys: Lisa Bohl (MWR)

Elizabeth Scott

Michael Bergman (OGC)

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act,

the Restore Online Shoppers’ Confidence Act, and the Fair Credit 

Reporting Act in connection with the marketing of credit monitoring

services. 

Status: Complaint filed 1/10/17.

Ex parte TRO entered 1/11/17.

Stipulated preliminary injunction as to defendants Danny Pierce and 

Andrew Lloyd entered 2/8/17.

Stipulated preliminary injunction as to defendants Michael Brown and 

Credit Bureau Center entered 2/21/17.

Order finding defendant Michael Brown in civil contempt entered 6/28/17.

Stipulated order for permanent injunction and monetary judgment as to 

defendants Danny Pierce and Andrew Lloyd entered 10/26/17.

Commission’s motion for summary judgment against remaining 

defendants Michael Brown and Credit Bureau Center, LLC filed 

3/2/18; defendants’ response filed 3/12/18; order granting motion 

for summary judgment entered 6/26/18.

Notice of appeal by defendants Michael Brown and Credit Bureau Center, 

LLC filed 8/22/18.

Motion by defendants Michael Brown, Credit Bureau Center, LLC to stay 

district court’s final injunction pending appeal filed 8/31/18; 

response in opposition filed 9/17/18; district court order granting 

motion to stay in part, barring Commission from distributing funds 

recovered to consumers pending conclusion of appeal, but 

otherwise denying, entered 9/26/18.

Amended notice of appeal of post-judgment order denying defendants’ 

request to pay their attorneys from the receivership estate filed 

10/26/18.

Order consolidating appeals entered 11/16/18.

Appellants’ brief filed 12/5/18.

Order denying defendants Michael Brown and Credit Bureau Center, 

LLC’s motion for stay of judgment pending appeal entered 1/8/19.
15

Commission’s brief filed 3/12/19; appellants’ reply brief filed 4/1/19.

Oral argument heard 4/17/19.

Order vacating the restitution award and affirming the judgment in other 

respects entered by the Seventh Circuit 8/21/19.

Commission’s petition for writ of certiorari filed 12/19/19; Credit Bureau 

Center’s brief in opposition filed 4/14/20; Commission’s reply 

brief filed 4/28/20.

Case consolidated with AMG Capital Mgmt., LLC v. FTC 7/9/20; 

consolidation voided and certiorari vacated 11/9/20.

Commission’s petition for writ of certiorari denied 5/3/21. 

Commission’s motion for amended judgment and other relief filed in 

district court 5/6/21; defendants’ response in opposition to motion 

and counter-motion to enforce mandate filed 5/28/21; 

Commission’s reply in support of motion filed 6/11/21; 

defendants’ reply in support of counter-motion filed 6/17/21; 

hearing on motions held 7/14/21.

District court’s opinion and order granting the FTC’s motion and denying 

defendants’ countermotion entered 9/13/21; modified final 

judgment entered 9/13/21.

Notice of appeal of order granting FTC’s motion to alter or amend its 

judgment filed 10/22/21.

Petition for writ of mandamus filed in Seventh Circuit 10/22/21; order 

denying petition entered 10/27/21

Appellants’ opening brief filed 2/22/22; FTC’s brief filed 4/4/22; 

appellants’ reply brief filed 4/25/22.

Oral argument held 6/3/22.

FTC v. ECOLOGICAL FOX, LLC, Nos. 19-1925, 19-2387, 19-2204, 19-2306, 19-2387, 20-

1594, 20-2215, 21-1452 (4th Cir.); No. 1:18-cv-03309 (D. Md.) 

Parties: Ecological Fox, LLC

Luke Chadwick

Andris Pukke a/k/a Marc Romeo a/k/a Andy Storm

Peter Baker

Global Property Alliance, Inc. d/b/a Sanctuary Bay, Sanctuary Belize, The 

Reserve, Kanantik, Laguna Palms, Bamboo Springs, Eco Futures, 

Eco Futures Development, Eco Futures Belize, Sittee River 

Wildlife Reserve, Buy Belize, Buy International

Sittee River Wildlife Reserve d/b/a Sanctuary Bay d/b/a Sanctuary Belize 

d/b/a The Reserve

Buy Belize, Llc d/b/a Sanctuary Bay d/b/a Sanctuary Belize d/b/a The 

Reserve d/b/a Kanantik d/b/a Laguna Palms d/b/a Bamboo Springs

Buy International, Inc. d/b/a Sanctuary Bay d/b/a Sanctuary Belize d/b/a 

The Reserve d/b/a Kanantik d/b/a Laguna Palms d/b/a Bamboo 

Springs

Foundation Development Management Inc.
16

Eco-Futures Development d/b/a Sanctuary Bay d/b/a Sanctuary Belize 

d/b/a The Reserve

Eco-Futures Belize Limited d/b/a Sanctuary Bay d/b/a Sanctuary Belize 

d/b/a The Reserve

Power Haus Marketing

Brandi Greenfield

BG Marketing, LLC

Prodigy Management Group, LLC

John Usher

Rod Kazazi

Foundation Partners f/k/a Red Crane Advisors, Inc.

Frank Costanzo a/k/a Frank Green a/k/a Frank Peerless Green a/k/a Frank 

Connelly a/k/a Frank Connelly-Costanzo

Belize Real Estate Affiliates, LLC d/b/a Coldwell Banker Belize d/b/a 

Coldwell Banker Southern Belize

Exotic Investor, LLC d/b/a Coldwell Banker Belize d/b/a Coldwell Banker 

Southern Belize

Southern Blaze Realty, LLC d/b/a Coldwell Banker Belize d/b/a Coldwell 

Banker Southern Belize

Sanctuary Belize Property Owners’ Association d/b/a The Reserve 

Property Owners’ Association

Atlantic International Bank, Ltd.

Angela Chittenden

Beach Bunny Holdings, LLC

The Estate of John Pukke a/k/a The Estate of Janis Pukke a/k/a The Estate 

of John Andris Pukke

John Vipulis

Deborah Connelly

Newport Land Group, LLC a/k/a Laguna Palms a/k/a Sanctuary Belize 

a/k/a Bamboo Springs a/k/a The Reserve

Michael Santos

Proposed Intervenors, Yu Lin, Quan Lin, Jamie Teng, Juliana 

Tengonciang, Alfonso Kolb Jr., Jasmin Tengonciang, Roel Pahl, 

Clarissa Tengonciang, Allan Prijoles, Mary Jane Prijoles, Darren 

Christian, Chan Martin, Julie Santos, David Heiman, and 

Heartland Property Group, Inc

Assigned Attorneys: Jonathan Cohen (BCP/ENF)

Amanda Kostner

Benjamin Theisman

Elizabeth Averill

Khouryanna DiPrima

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act and 

the Telemarketing Sales Rule in connection with the marketing and sale of 

real estate investments and related services.
17

Status: Complaint filed 10/31/18.

TRO entered 11/11/18.

Motion for interim preliminary injunction filed 11/15/18; response in 

opposition filed 11/16/18; reply filed 11/18/18.

Order extending TRO, to remain in effect as an interim preliminary 

injunction through the conclusion of a show cause hearing, entered 

11/20/18.

Defendant Atlantic International Bank, LTD’s motion to dismiss filed 

12/14/18; response in opposition filed 1/22/19; defendant’s 

response filed 1/31/19.

Defendant Andris Pukke’s motion to transfer case to the Central District 

of California filed 12/14/18.

Notice of appeal from 11/20/18 order by defendant Atlantic National Bank 

filed 12/19/18.

Commission’s amended complaint filed 1/15/19.

Order denying defendant Atlantic International Bank’s motion to dismiss 

entered 2/1/19.

Order denying defendant Andris Pukke’s motion to dismiss certain claims 

in the amended complaint entered 3/4/19.

Commission’s motion to hold defendants John Vipulis, Peter Baker, 

Andris Pukke, and John Usher in contempt filed 3/5/19; response 

in opposition filed by defendant Peter Baker 3/7/19.

Preliminary injunction hearing held 3/11/19-3/22/19.

Motion to dismiss for failure to state a claim by defendant Michael Santos 

filed 3/18/19; Commission’s response filed 4/1/19.

Order modifying interim preliminary injunction entered 3/28/19.

Order granting Commission’s motion to stay proceedings as to defendants 

Frank Costanzo, Ecological Fox, LLC, and Deborah Connelly 

entered 4/4/19.

Motion to dismiss for lack of jurisdiction by defendant Atlantic 

International Bank, LTD filed 4/4/19; Commission’s response filed 

6/7/19.

Order denying defendant Anris Pukke’s motion to dismiss entered 

4/30/19.

Appellant Atlantic International Bank, LTD’s (No. 19-1925) opening brief 

filed 5/14/19; Commission’s response brief filed 6/12/19; 

Commission’s motion for stay of proceedings as to defendants Frank 

Costazno, Ecological Fox LLC, and Deborah Connelly filed 

7/23/19; order granting motion entered 7/26/19.

Commission’s proposed preliminary injunction filed 8/12/19; defendant 

Chadwick’s opposition to proposed preliminary injunction filed 

8/22/19; Commission’s reply in support of preliminary injunction 

filed 9/3/19.

Defendant Chadwick’s motion to dismiss for lack of jurisdiction filed 

8/22/19; Commission’s response to motion filed 8/27/19; order 

denying motion to dismiss entered 9/5/19.
18

Order extending stay of litigation against Atlantic International Bank 

entered 9/6/19.

Joint motion to dismiss Atlantic International Bank’s appeal (No. 19-

1925) filed 9/10/19.

Stipulated order for permanent injunction and monetary judgment against 

defendant Atlantic International Bank entered 9/25/19.

Preliminary injunction as to defendants Andris Pukke, Peter Baker, Luke 

Chadwick, John Usher, Certain Corporate Defendants, and the 

estate of John Pukke entered 10/3/19.

Memorandum opinion and order addressing calculation of equitable 

monetary relief entered 10/17/19.

Order that defendants’ are not entitled to jury trials on the contempt 

motions entered 10/22/19.

Notice of appeal of preliminary injunction by defendant Peter Baker (No. 

19-2306) filed 10/25/19.

Notice of appeal of preliminary injunction by defendant Andris Pukke 

(No. 19-2204) filed 10/29/19.

Notice of appeal of preliminary injunction by defendant Luke Chadwick 

(No. 19-2387) filed 12/2/19; order dismissing appeal for failure to 

prosecute entered 4/17/20.

Baker’s opening brief filed 12/27/19; Pukke’s opening brief filed 

12/30/19; Commission’s answering brief to Baker and Pukke 

appeals filed 2/3/20; opinion affirming preliminary injunction 

issued 2/24/20.

Stipulated final orders for permanent injunction and monetary judgment 

against Brandi Greenfield, BG Marketing LLC, Rod Kazazi, and 

Foundation Partners entered 1/4/20.

Stipulated final order against relief defendants Angela Chittenden and 

Beach Bunny Holdings LLC entered 1/10/20.

Bench trial held 1/21/20 through 2/12/20.

Order denying motion by Peter Baker to dismiss the case as sanction 

against FTC entered 4/22/20.

Notice of appeal by Peter Baker (No. 20-1594) filed 5/26/20.

Baker’s opening brief filed 6/23/20; Commission’s response brief filed 

7/10/20.

Baker’s appeal dismissed 9/28/20.

Notice of appeal (No. 20-2215) by Andris Pukke filed 11/9/20.

Final order for permanent injunction and monetary judgment against 

Defendants Andris Pukke, Peter Baker, and Luke Chadwick 

entered 1/13/21.

Final order of contempt against Defendants Andris Pukke, Peter Baker, 

and John Usher entered 1/13/21.

Amended final order for permanent injunction and monetary judgment 

entered 3/24/21.

Notices of appeal filed 4/20/21, 4/21/21, 4/29/21, 5/3/21, 5/14/21.

All appeals except Luke Chadwick’s consolidated 5/18/21.
19

Appellants’ motions for summary disposition filed 7/11/21; Commission’s 

opposition filed 7/16/21; order deferring decision on motion

entered 7/19/21.

Appellants’ opening brief in consolidated appeals (No. 20-2215) filed 

8/12/21; FTC’s response brief filed 11/18/21; brief by Receiver 

filed 11/18/21; Appellants’ reply brief filed 12/22/21.

Motion to intervene in district court proceeding by Yu Lin, Quan Lin, 

Jamie Teng, Juliana Tengonciang, Alfonso Kolb Jr., Jasmin 

Tengonciang, Roel Pahl, Clarissa Tengonciang, Allan Prijoles, 

Mary Jane Prijoles, Darren Christian, Chan Martin, Julie Santos, 

David Heiman, and Heartland Property Group, Inc, investors in a 

defendant company who seek to challenge orders placing

company’s assets in receivership, filed 11/12/21; Commission’s 

opposition filed 12/13/21; reply filed 10/27/21.

Order granting joint motion for an indicative ruling that Court would enter 

proposed stipulated order resolving all matters in dispute between 

FTC and stipulating defendants, if the Fourth Circuit remanded for 

that purpose, entered 3/8/22.

Fourth Circuit order remanding appeals for limited purpose of adopting a 

settlement decree entered 3/17/22.

Stipulated order modifying final order for permanent injunction and

monetary relief as to Luke Chadwick, Prodigy Management Group 

LLC, Belize Real Estate Affiliates LLC, Exotic Investor LLC, and 

Southern Belize Realty LLC, entered 13/24/22.

Commission motion to dismiss appeal by Luke Chadwick, Exotic 

Investor, and Prodigy Management filed 3/24/22; opposition to 

dismissal by nonparties (Kanantik entities) filed 4/1/22; 

Commission reply filed 4/4/22; order dismissing appeal, ruling that 

Kanantik entities lack appellate standing, entered 6/16/22.

Order by district court denying motion to intervene by Yu Lin et al. 

entered 6/23/22.

Notices of appeal from denial of motions to intervene and set aside 

judgment Yu Lin et al. filed 7/8/22 and 7/13/22.

Ora argument in consolidated appeals held 9/13/22.

Yu Lin appellants’ opening brief filed 8/19/22; FTC’s brief filed 10/21/22; 

appellants’ reply brief filed 11/14/22.

Opinion affirming injunctive relief against all defendants, contempt 

sanction against individual defendants, and district court’s finding 

that Pukke must pay remaining balance of monetary judgment 

from AmeriDebt, but vacating equitable monetary relief judgment 

against individual defendants in light of AMG, entered 11/1/22.

Order denying petition for rehearing and rehearing en banc by Andris 

Pukke entered 12/30/22.

Commission’s motion to reform and reaffirm final orders filed 1/31/23; 

Defendants’ response filed 2/6/23; Commission’s reply filed 

2/21/23.
20

Oral argument in Yu Lin appeal held 3/8/23.

Receiver’s motion for settlement and motion for order approving 

settlement with Jorge Diaz-Cueto and Bella Mar Estates 

filed 4/7/23; order granting motion entered 4/20/23.

Defendants’ motion for return of property filed 5/5/23; Commission’s 

response filed 5/11/23.

Order granting in part, denying in part Commission’s motion to reform 

and reaffirm final orders and denying defendant’s motion for 

return of property entered 5/31/23.

Order implementing next stage of consumer redress entered 6/14/23.

Order reforming and reaffirming final orders entered 6/15/23.

FTC v. ELEGANT SOLUTIONS, INC., Nos. 23-55117, 20-55766 (9th Cir.); 8:19-cv-01333 

(C.D. Cal.) 

Parties: Elegant Solutions, Inc., d/b/a Federal Direct Group

Trend Capital Ltd., d/b/a Mission Hills Federal

Dark Island Industries, Inc., d/b/a Federal Direct Group, and f/k/a

Cosmopolitan Funding Inc.

Heritage Asset Management, Inc., d/b/a National Secure Processing

Tribune Management, Inc., d/b/a The Student Loan Group

Mazen Radwan

Rima Radwan

Labiba Velazquez

Dean Robbins

Assigned Attorneys: Michelle Grajales (BCP/FP)

Samuel Jacobson

John Jacobs

Imad Abyad (OGC)

Matthew Hoffman

Alleged Conduct: Deceptive acts or practices in violation of Section 5 of the FTC Act and 

the Telemarketing Sales Rule in connection with marketing and sale of 

student loan debt relief services.

Status: Complaint filed 7/8/19.

Stipulated preliminary injunction entered 7/17/19.

Amended Complaint filed 8/27/19.

Cross-motions for summary judgment by FTC and defendants filed 

3/9/20; FTC’s opposition to defendants’ motion filed 3/30/20; 

defendants’ opposition to FTC’s motion filed 3/31/20; replies filed 

4/6/20.

Order staying trial pending resolution of summary judgment motions 

entered 5/29/20. 

Defendants’ notice of appeal filed 7/20/20.
21

Commission’s motion to hold appeal in abeyance until after Supreme 

Court decides AMG filed 12/7/20; appellants’ opposition filed 

12/8/20.

Appellants’ opening briefs filed 12/21/20.

Appellants’ revised opening briefs filed 6/1/21.

FTC brief filed 7/30/21.

Reply brief filed 8/19/21.

Appellate oral argument heard 12/9/21.

Ninth Circuit opinion affirming judgment of the district court, except as to 

portion providing disgorgement to Treasury if consumer redress is 

not possible, entered 6/9/22.

District court order on remand modifying judgment entered 11/18/22.

Defendants’ motion for order that monetary redress be completed by a 

certain date and that relief be limited to consumers who submitted 

declarations filed 12/23/22; FTC’s opposition filed 12/30/23; 

defendant’s reply filed 1/9/23; motion denied 1/20/23.

Defendants’ notice of appeal filed 2/3/23.

Opinion by 9th Circuit granting summary affirmance for FTC entered 

4/26/23.

FTC v. ENDO PHARMACEUTICALS INC., No. 22-5137 (D.C. Cir.); No. 1:21-cv-00217 

(D.D.C.)

Parties: Endo Pharmaceuticals Inc.

Endo International, plc

Impax Laboratories, LLC

Amneal Pharmaceuticals, Inc.

Assigned Attorneys: James Weingarten (BC/Office of the Director)

Eric Sprague (BC/HC)

Kara Monahan

Markus Meier

Emma Dick

Evan Cartagena

Garth Huston

Jamie Towey

Mark Hegdus (OGC)

Alleged Conduct: Violations of Sections 1 and 2 of the Sherman Act and unfair methods of 

competition in violation of Section 5 of the FTC Act, in connection with 

an illegal agreement to eliminate competition in the oxymorphone market, 

a long-acting opioid used for the treatment of moderate to severe pain.

Status: Complaint filed 1/25/21.
22 

Defendants’ motions to dismiss filed 4/26/21; FTC opposition filed 

6/10/21; Defendants’ replies filed 7/02/21; motion to dismiss 

granted 3/4/22 

FTC notice of appeal filed 5/23/22. 

FTC’s opening brief filed 12/21/22; appellees’ brief filed 2/21/22; FTC’s 

reply brief filed 3/14/22. 

Oral argument before the D.C. Circuit held on 5/1/23. 

FTC v. F9 ADVERTISING LLC, No. 3:19-cv-01174 (D.P.R.) 

Parties: F9 Advertising LLC 

 Gopalkrishna Pai 

 Ace Initiative Group, LLC 

 Connected AD Station LLC 

 Fastlane Sales, LLC

 Hyper Marketing Solutions LLC 

 Media Redefined LLC

 Primed Marketing LLC 

 Responsive Media LLC 

Assigned Attorneys: Michael Schaefer (BCP/ENF)

 Gregory J. Madden 

Alleged Conduct: Deceptive acts or practices in violation of the Restore Online Shoppers’ 

Confidence Act in connection with “free trial” and negative option online 

marketing. 

Status: Complaint filed 2/21/19. 

Order granting Commission’s motion for entry of default against 

defendants Ace Initiative Group, LLC, Connected AD Station 

LLC, Fastlane Sales LLC, Hyper Marketing Solutions, LLC, 

Media Redefined, LLC, Primed Marketing, LLC, and Responsive 

Media, LLC entered 3/25/19. 

Order staying case pending the resolution of the ongoing criminal 

proceedings entered 5/16/19. 

Motion by defendants to reopen case, admitting allegations in the 

Complaint, filed 12/8/22. 

Order referring case to mediation entered 3/30/23. 

FTC v. FINANCIAL EDUCATION SERVICES, No. 2:22-cv-11120 (E.D. Mich.)

Parties: Financial Education Services, Inc.

United Wealth Services, Inc.

VR-Tech LLC

VR-Tech MGT LLC

CM Rent Inc.

Youth Financial Literacy Foundation 
23 

Parimal Naik

Michael Toloff 

Christopher Toloff 

Gerald Thompson 

 

Assigned Attorneys: Gregory Ashe (BCP/FP)

 Michelle Grajales

Julia Heald

Michael Goldstein

 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act, the 

Credit Repair Organizations Act, and the Telemarketing Sales Rule in

connection with the marketing, offering, and collecting of credit repair

services and investment opportunities. 

 

Status: Complaint filed 5/23/22. 

Ex parte TRO entered 5/24/22 

 Oral argument held 6/30/22; Court’s ruling denying motion for 

 preliminary injunction, vacating TRO, and converting receivership 

 to monitorship announced from the bench 6/30/22. 

Order denying preliminary injunction, vacating TRO, and converting 

receivership to monitorship entered 7/18/22. 

Motion to dismiss filed by Defendants VR-Tech MGT, CM Rent, Michael

 Toloff, and Christopher Toloff filed 7/25/22; FTC opposition filed 

 8/8/22; Defendants’ reply filed 8/22/22. 

FTC v. FIRST AMERICAN PAYMENT SYSTEMS, LP, No. 4:22-cv-654 (E.D. Tex.) 

Parties: First American Payment Systems, LP

 Think Point Financial, LLC

 Elliot Management Group, LLC

Assigned Attorneys; Jason Clark Moon (SWR)

Alleged Conduct: Deceptive and unfair acts or practices in violation of Section 5(a) of the 

Federal Trade Commission Act and the Restore Online Shoppers’ 

Confidence Act, in conjunction with the sale of payment processing 

services.

Status: Complaint filed 7/29/22. 

Joint motion for settlement to enter stipulated order for permanent 

injunction and monetary judgment filed 10/26/22. 

Stipulated order for permanent injunction and monetary judgment entered 

3/10/23. 
24

FTC v. FLEETCOR TECHNOLOGIES, INC., No. 1:19-cv-05727 (N.D. Ga.)

Parties: FleetCor Technologies, Inc.

Ronald Clarke

Assigned Attorneys: Brittany Frassetto (BCP/FP)

Greg Madden

Alleged Conduct: Deceptive and unfair acts or practices in violation of Section 5(a) of the 

FTC Act in connection with the advertising, marketing, and offering of 

commercial fuel card products.

Status: Complaint filed 12/20/19.

Commission motion for summary judgment filed 4/16/21; Defendants’ 

cross motion for partial summary judgment and opposition to 

Commission’s motion filed 5/16/21; Commission response filed 

6/18/21.

Commission motion to stay pending resolution of administrative litigation 

or dismiss without prejudice filed 8/13/21; Defendants’ response 

filed 8/27/21; Commission reply filed 9/10/21; motion denied 

2/7/22.

Order granting Commission’s motion for summary judgment entered

8/9/22.

Commission’s motion for permanent injunction and other relief filed 

12/19/22; Defendants’ opposition filed 1/20/23; Commission’s 

reply filed 2/3/23.

Order granting Commission’s motion for permanent injunction entered 

6/8/23.

FTC v. F&G INTERNATIONAL GROUP HOLDINGS, LLC., No. 6:20-cv-73 (S.D. Ga.)

Parties: F&G International Group Holdings, LLC.

FG International, LLC. 

J. Glenn Davis

Assigned Attorneys: Anna Burns (SER)

Brian Martin Welke (BCP/ENF)

Philip Brown

Alejandro Rosenberg

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act in 

connection with false or unsubstantiated R-value claims about their 

architectural coating products.

Status: Complaint filed 7/28/20.
25 

Commission motion for sanctions for spoliation filed 2/24/21; Defendants’ 

response filed 3/12/21; Commission reply filed 3/26/21. 

Commission’s motion for summary judgment against all Defendants 

filed10/5/2021; Defendants’ opposition filed 10/26/21; 

Commission’s reply filed 11/9/21. 

Defendants’ motion to dismiss or, in the alternative, motion for summary 

judgment on FTC’s claims for equitable monetary relief filed 

10/15/2021; Commission’s opposition filed 10/20/21; defendants’ 

reply filed 11/9/21. 

Order granting Commission’s motion for summary judgment entered 

8/19/22. 

Final judgment for permanent injunction against defendants F & G 

International Group Holdings, LLC, FG International, LLC, and J. 

Glenn Davis entered 8/19/22. 

FTC v. GLOBAL E-TRADING, LLC., No. 8:23-cv-796 (M.D. Fla.)

 

Parties: Global E-Trading, LLC d/b/a Chargebacks911 

 Gary Cardone 

Monica Eaton

State of Florida (Co-Plaintiff) 

Assigned Attorneys: Evan Rose (WRSF) 

 Roberta Tonelli 

 Denise Oki

 

Alleged Conduct: Deceptive and unfair practices in violation of Section 5 of the FTC Act in 

connection with disputing chargebacks with misleading information and 

manipulating merchants’ chargeback rates.

 

Status: Complaint filed 4/12/23. 

 Defendants’ motion to dismiss filed 6/13/23; motion denied 6/28/23. 

 Defendants’ amended motion to dismiss filed 6/29/23. 

 

FTC v. GOLDEN SUNRISE NUTRACEUTICAL, INC., No. 1:20-cv-01060 (E.D. Cal.) 

Parties: Golden Sunrise Nutraceutical, Inc.

 Golden Sunrise Pharmaceutical, Inc. 

 Huu Tieu 

 Stephen Meis

Assigned Attorneys: Edward Hynes (SWR)

 Reid Tepfer 
26 

Alleged Conduct: Deceptive acts and practices in violation of Sections 5(a) and 12 of the 

FTC Act in connection with the marketing and sale of purported COVID19, cancer, and Parkinson’s disease treatments. 

Status: Complaint filed 07/30/20. 

TRO entered 08/05/20. 

Stipulated preliminary injunctions entered 08/27/20. 

Stipulated order for permanent injunction and monetary judgment as to 

Defendant Stephen Meis entered 6/11/21. 

Motion for summary judgment as to defendants Golden Sunrise 

Nutraceutical, Inc., Golden Sunrise Pharmaceutical, Inc., and Huu 

Tieu filed 10/1/21. 

Motion to self-represent by Huu Tieu on behalf of himself, Golden Sunrise 

Nutraceutical, and Golden Sunrise Pharmaceutical filed 6/21/22; 

motion denied 6/23/22. 

Opposition to FTC’s summary judgment motion by Huu Tieu filed 

11/03/22; order striking opposition as untimely entered 12/14/22.

FTC v. GREEN EQUITABLE SOLUTIONS, No. 2:22-cv-6499 (C.D. Cal.) 

Parties: Green Equitable Solutions, dba Academy Home Services 

 South West Consulting Enterprises, Inc. 

 Apex Consulting and Associates, dba Golden Home Services 

 Infocom Entertainment LTD, Inc., dba Amstar Service Group 

 Dominic Ahiga 

 Roger Scott Dyer 

 Equity Relief Funding, Inc. 

 Advent Consulting, Inc. 

 Armando Solis Barron

 Michael Robin Nabati

 MostCap Enterprises Corp. 

 ROES 1-10 

California Department of Financial Protection and Innovation (CoPlaintiff)

Assigned Attorneys: Miles D. Freeman (WRO)

 Taylor Steinbacher 

 Carla Lyn Cheung 

 Karina Ann Layugan 

 Louis Thomas Laverone 

Alleged Conduct: Violations of Sections 5 of the FTC Act, the Credit Card Act, the 

Telemarketing Act, MARS Rule, and the Telemarketing Sales Rule, in 

connection with deceptive advertising for the sale of mortgage assistance 

relief services.
27

Status: Complaint filed 9/12/22.

Preliminary injunction with asset freeze entered 9/29/22.

Amended complaint filed 10/28/22.

Defendants’ answers to amended complaint filed 11/21/22, 12/15/22, 

12/20/22, 1/5/23.

Commission’s motion to strike certain affirmative defenses and crossclaim 

of defendant Roger Scott Dyer filed 1/20/23; defendant’s 

opposition filed 2/2/23; Commission’s reply filed 2/10/23.

Commission’s motion to strike certain affirmative defenses of defendants

Nabati and MostCap Enterprises Corp. and crossclaims and 

corresponding jury demand of defendant Nabati filed 2/9/23; 

defendants’ opposition filed 3/3/23; Commission’s reply filed 

3/10/23.

Joint stipulation for order extending the preliminary injunction order to 

defendant Nabati and defendant MostCap Enterprises Corp filed 

4/26/23; motion granted 4/26/23.

Commission’s motion for summary judgment filed 6/9/23.

Commission’s motion for preliminary injunction as to defendant Solis 

Barron filed 6/9/23. 

FTC v. HARRIS ORIGINALS OF NY, INC., No. 2:22-cv-4260 (E.D. NY)

Parties: Harris Originals of NY, Inc.

Consumer Adjustment Corp., USA

Consumer Adjustment Corp.

800 Prime Place Properties, LLC

States of New York, Connecticut, Delaware, Florida, Georgia, Idaho, 

Illinois, Iowa, Kansas, Louisiana, Maryland, Nevada, North 

Carolina, Washington, California (co-plaintiffs)

Assigned Attorneys: Amy Teng (NWRO)

Carole Reynolds

Alleged Conduct: Violations of the FTC Act, TILA, EFTA, and state statutes in connection 

with practice of deceptively and unilaterally adding protection plans to 

customers’ retail installment sales contracts perpetrated by sellers of 

military themed gifts and jewelry to active and reserve military members.

Status: Complaint filed 7/20/22.

Stipulated order for permanent injunction, monetary judgment and other 

relief entered 7/21/22.

NY Attorney General’s motion for pre-motion conference regarding 

defendants’ compliance with stipulated order filed 5/23/23.

Order reopening case entered 5/24/23.

Pre-motion conference held 6/20/23.
28

FTC v. HEWITT, No. 21-56037 (9th Cir.); No. 2:09-cv-04719 (C.D. Cal.)

Parties: John Beck Amazing Profits, LLC, et al.

Gary Hewitt

Assigned Attorneys: Matthew Hoffman (OGC)

Alleged Conduct: Violations of the FTC Act and the Telemarketing Sales Rule regarding 

sales and marketing of get rich quick schemes. 

Status: Complaint filed 6/30/09.

Final order granting permanent injunction and other equitable relief

entered 8/23/12; affirmed on appeal 3/3/16.

Motion by Gary Hewitt to vacate monetary portion of the judgment in 

light of AMG filed 5/24/21; FTC’s opposition file 6/7/21; reply 

filed 6/14/21; order denying motion to vacate entered 8/19/21; 

notice of appeal filed 9/17/21.

Hewitt’s opening brief filed 3/28/21; FTC’s brief filed 6/27//22; Hewitt’s 

reply brief filed10/25/22.

Oral argument scheduled held 2/16/23.

Opinion affirming judgment of district court entered 5/11/23.

FTC v. HORNBEAM SPECIAL SITUATIONS, LLC, No. 1:17-cv-03094 (N.D. Ga.) 

Parties: Hornbeam Special Situations, LLC

Cardinal Points Holdings, LLC

Cardinal Points Management, LLC d/b/a Clear Compass Digital Group

Gyroscope Management Holdings, LLC

EDebitPay, LLC

Platinum Online Group, LLC d/b/a Premier Membership Clubs

Clickxchange Media, LLC

iStream Financial Services, Inc.

Jerry L. Robinson

Earl G. Robinson

James McCarter

Keith Merrill

Mark Ward

Dale Paul Cleveland

William R. Wilson

Kris Axberg

Richard Joachim

Chet Andrews

Patricia Brandmeier Robinson [executor of estate of Jerry L. Robinson]

Assigned Attorneys: Korin Felix (BCP/ENF)

Omolara Joseney
29

Reenah L. Kim

Hong Park

Amanda C. Basta

Kimberly L. Nelson

Anna M. Burns

Phillip Z. Brown

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act, 

Section 4 of Restore Online Shoppers’ Confidence Act, and the FTC’s 

Telemarketing Sales Rule in connection with the marketing of various 

products or services, including memberships in online discount clubs, to 

consumers seeking payday, cash advance, or other subprime loans.

Status: Complaint filed 8/15/17.

Consent motion to stay case for 90 days as to defendant Keith Merrill filed 

10/6/17; order granting stay entered 10/11/17.

Consent motion to stay case and suspend filing obligations upon the death 

of defendant Jerry L. Robinson filed 11/15/17; order granting 

consent motion entered 11/21/17. 

Motions to dismiss by defendants Mark Ward, Dale Paul Cleveland, 

EDebitPay, LLC, William Wilson, Kris Axberg, Richard Joachim, 

iStream Financial Services, Inc, and Earl Robinson filed 2/9/18; 

response in opposition 2/23/18; opinion and order denying motion 

entered 4/16/18.

Motion to dismiss by defendant by Patricia Brandmeier Robinson filed 

3/22/18; response in opposition 4/5/18; order denying motion 

entered 4/16/18.

Motion to dismiss complaint for lack of subject matter jurisdiction by 

defendants Chet Andrews, Kris Axberg, Dale Paul Cleveland, 

EDebitPay,LLC, Richard Joachim, James McCarter, Earl G. 

Robinson, Patricia Brandmeier Robinson, Mark Ward, William R. 

Wilson, iStream Financial Services, Inc. filed 4/20/18; 

Commission’s opposition filed 5/4/18; reply filed 5/11/18; order 

denying motion, but ordering supplemental briefing on part of the 

court’s 4/16/18 opinion, entered 7/11/18. 

Defendants’ response to court’s 7/11/18 request for supplemental briefing 

filed 7/23/18; Commission’s response to court’s request filed 

7/30/18.

Order vacating part of court’s 4/16/18 opinion and granting Commission 

leave to file an amended complaint entered 10/15/18.

Amended complaint filed 11/5/18.

Motions to dismiss for failure to state a claim by defendants iStream 

Financial Services, Inc, Chet Andrews, Patricia Brandmeier 

Robinson, Dale Paul Cleveland, EDebitPay, LLC, William Wilson, 

James McCarter, Mark Ward, and Earl Robinson filed 11/15/18; 

Commission’s opposition filed 12/13/18; defendants’ reply filed 
30

2/8/19; order denying motions to dismiss entered 2/12/19.

Order granting Defendants’ request for leave to file an interlocutory 

appeal entered 7/24/19.

Order of 11th Circuit denying petition to appeal entered 11/20/19.

Defendants’ motion to stay pending the Supreme Court’s decision in AMG 

Capital Mgmt., LLC v. FTC filed 7/20/20; Commission’s 

opposition filed 8/3/20; defendants’ reply filed 8/10/20; order 

denying motion to stay entered 9/10/20. 

Commission motions for summary judgment as to Defendants EDebitPay 

LLC, Dale Paul Cleveland, William Wilson, Earl Robinson, 

Patricia Brandmeier Robinson, James McCarter, Mark Ward, 

iStream Financial Services Inc., Kris Axberg, Richard Joachim, 

and Guadalupe Andrews filed 2/8/21; Defendants’ oppositions 

filed 4/8/21; Commission replies filed 5/20/21.

Motion for summary judgment by Defendants Kris Axberg, Richard 

Joachim, and iStream Financial Services, Inc. filed 6/17/21.

Pending motions for summary judgment terminated without prejudice 

6/21/21.

Cross-motions for summary judgment by Commission and Defendants 

filed 8/10/21; oppositions filed 10/29/21; replies filed 12/3/21; 

opposition by defendant Earl G. Robinson filed 12/13/21.

Unopposed motion to stay resolution of motions as to defendants iStream 

Financial Services, Inc., Kris Axberg, and Richard Joachim 

pending finalization of settlement filed 12/15/21.

Stipulated permanent injunction and monetary relief as to defendants 

iStream Financial Services, Kris Axberg, and Richard Joachim 

entered 2/24/22.

Motion to dismiss Guadalupe Andrews on behalf of estate of defendant 

Chet Andrews filed 3/9/22; Commission’s opposition brief filed 

3/23/22; reply filed 4/6/22; order finding motion moot entered 

6/23/22.

Order denying Commission’s motions for summary judgment, granting in 

part and denying in part motion for summary judgment by 

defendants EDebit Pay, Dale Cleveland and William Wilson, and 

orders denying other motions for summary judgment, entered 

3/28/22.

Stipulated orders resolving claims against estates of defendants Jerry 

Robinson and Chet Andrews entered 6/22/22.

FTC v. KOCHAVA, INC., 2:22-cv-00377 (D. Idaho)

Parties: Kochava, Inc.

Assigned Attorneys: James Harlow (DOJ)

Kate Talmor

Michael Andrew Zee
31

Brian Shull (DPIP)

Julia Horwitz

Elizabeth Scott

Alleged Conduct: Unfair practices in violation of Section 5(a) of the FTC Act in connection 

with data broker’s sale of consumer data, including data that reveal 

consumers’ visits to sensitive locations.

Status: Complaint filed 8/29/22.

Motion to dismiss for failure to state a claim filed 10/28/22; FTC’s 

opposition filed 11/18/22; Kochava’s reply filed 12/2/22; hearing 

on motion to dismiss held 2/21/23; motion to dismiss granted with 

leave to amend 5/4/23.

First amended complaint filed 6/05/23.

FTC v. LAKE, Nos. 8:22-cv-003, 8:15-cv-585 (C.D. Cal.)

Parties: Dennis Edward Lake

Assigned Attorneys: Mark Hegedus (OGC)

Alleged Conduct: Deceptive practices in violation of Section 5(a) of the FTC Act, the 

Mortgage Assistance Relief Services Rule, and the Telemarketing Sales 

Rule in connection with the marketing and sale of mortgage assistance

relief services.

Status: Complaint filed 4/14/15.

Amended final monetary judgment and permanent injunction against 

Denny Lake entered 3/22/16.

Bankruptcy petition by lake to discharge judgment debt filed 11/13/17.

Adversary complaint by FTC seeking order that judgment debt is 

nondischargeable filed 2/9/18; bankruptcy court order denying 

FTC motion for summary judgment on nondischargeability entered 

4/22/21; order dismissing FTC adversary complaint entered 

2/22/22.

FTC notice of appeal to district court filed 3/8/22.

FTC’s opening brief filed 5/16/22; Lake’s responding brief filed 6/16/22; 

FTC’s reply brief filed 6/30/22.

Opinion reversing bankruptcy court and remanding with instructions to 

enter judgment in favor of the FTC entered 12/12/22.

FTC v. MAIL TREE INC., No. 0:15-cv-61034 (S.D. Fla.)

Parties: Awards Research Consultant, LLC

John Leon

MCP Marketing Activities, LLC d/b/a Magellan Mail and Magellan 

Marketing
32

Mail Tree Inc.

Mailpro Americas Corp.

Masterpiece Marketing, LLC d/b/a Affiliated Opportunities Group

d/b/a Corporate Accounting Authority d/b/a Dispatch Notifications 

Services d/b/a Information Reporting Group d/b/a Priority 

Information Exchange

Michael McKay Co.

Matthew Pisoni

Serena Pisoni

Marcus Pradel

Victor Ramirez

Romeria Global, LLC d/b/a Lowenstein Varick and Nagel

Spin Mail, Inc.

Supreme Media, LLC

Trans National Concepts, Inc.

Vernier Holdings, Inc.

Assigned Attorneys: Guy Ward (MWR)

William Hodor

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act in 

connection with sweepstakes scam.

Status: Complaint filed 5/18/15.

Ex parte TRO entered 5/19/15.

Preliminary injunction against all defendants except Marcus Pradel and 

 Trans National Concepts entered 6/12/15.

Stipulated preliminary injunction as to defendants Marcus Pradel and 

 Trans National Concepts entered 6/12/15.

Order staying case entered 6/12/15.

Unopposed motion for specific relief from asset freeze filed 10/4/19; order 

granting motion entered 10/7/19.

Commission status report on status of criminal case filed 3/1/21.

Unopposed motion for specific relief from asset freeze filed 5/4/22; order 

granting motion entered 5/9/22.

Commission status report on criminal case filed 12/20/22.

Defendant’s unopposed motion for specific relief from asset freeze 

filed 1/5/23; order granting motion entered 1/6/23.

Defendant’s unopposed motion to amend/correct order on motion for 

miscellaneous relief filed 4/18/23; order granting motion entered 

4/19/23.

Defendant’s unopposed motion for specific relief from asset freeze filed 

6/20/23; order granting motion entered 6/20/23.

Order for joint status report due by 7/5/23 entered 6/20/23.
33

FTC v. META PLATFORMS, INC., No. 1:20-cv-3590 (D.D.C.)

Parties: Meta Platforms, Inc., f/k/a Facebook, Inc.

Assigned Attorneys: Daniel John Matheson (BC/Office of the Director)

Susan Musser

Jessica Moy

Nathan Brenner

Krisha Cerilli (BC/TED)

Maria DiMoscato

Ario Fazli

Erin Frake

Patricia Galvan

Melissa Ihnat

June Im

Alicia Loh

Gary London, Jr.

Justin Lorber

Owen Masters

Noel Miller

Njeri Mugure

David Owyang

Stephen Pearson

Mark Silvia

Tim Slattery

Michael Smith

Jennifer Tarr

Peter Taylor

Oren Vitenson

Rebecca Weinstein

Sylvia Zhang

Robert Zuver, Jr. 

Karen Goff (BC/WRO)

Christopher Harris (BC/M4)

Anusha Sunkara

Albert Teng 

Stuart Hirschfeld (BC/NWRO)

Danica Noble

Michelle White (BCP/FP)

Nicholas Widnell (BC/M1)

Alleged Conduct: Unfair methods of competition in violation of Section 5 of the FTC Act in 

connection with the illegal maintenance of a personal social networking 

monopoly through a years-long course of anticompetitive conduct 

including the acquisition of rivals.

Status: Complaint filed 12/9/20.
34

Facebook motion to dismiss filed 3/10/21; Commission opposition filed 

4/7/21; Facebook reply filed 4/21/21; motion granted, order 

dismissing without prejudice entered 6/28/21.

Amended complaint filed 8/19/21.

Facebook motion to dismiss FTC’s amended complaint filed 10/4/21; 

Commission opposition filed 11/17/21; Facebook reply filed 

12/1/21; motion denied 1/11/22.

FTC v. NATIONAL UROLOGICAL GROUP, INC., Nos. 10-125; 19-1445 (S. Ct); Nos. 21-

14161, 17-15695, 14-13131, 14-13972, 09-10617 (11th Cir.); No. 1:04-cv03294 (N.D. Ga.)

Parties: National Urological Group, Inc., d/b/a Warner Laboratories

National Institute for Clinical Weight Loss, Inc.

Hi-Tech Pharmaceuticals, Inc.

Jared Wheat

Thomasz Holda

Michael Howell

Stephen Smith

Terrill Mark Wright, M.D.

Assigned Attorneys: Tawana E. Davis (BCP/AP)

Edward Glennon

Mary Johnson

Mariel Goetz (OGC)

Amanda Basta (BCP/ENF)

Evan Mendelson

Cheryl Burris

Stephen Dowdell

Theodore Hoppock

Sydney Knight

Amanda Kostner

Cindy Liebes

Crystal Ostrum

Edwin Rodriguez

Alejandro Rosenberg

Valerie Verduce

Alleged Conduct: Deceptive practices in violation of Sections 5 and 12 of the FTC Act in 

connection with the sale of a purported weight loss product.

Status: Complaint filed 11/10/04.

Final judgment entered 12/16/08.

Notice of appeal filed 2/4/09.

Opinion affirming district court order entered 12/15/09.
35

Petition for rehearing en banc filed 1/29/10; order denying petition entered

4/26/10.

Appellant’s petition for a writ of certiorari filed 7/23/10; Commission’s 

opposition filed 9/24/10; appellant’s petition denied 11/1/10.

Commission’s motion to hold defendants Hi-Tech Pharmaceuticals, 

 Stephen Smith and Jared Wright in contempt filed 11/1/11; 

 defendant’s opposition filed 12/2/11. 

Commission’s motion to hold defendant Terrill Mark Wright in contempt

filed 3/21/12. 

Order to show cause why defendants Wright, Hi-Tech Pharmaceuticals,

Stephen Smith, and Jared Wright should not be held in contempt

entered 5/11/12; response filed 11/13/12.

Motion for contempt judgment filed 10/22/12; defendants’ response filed 

2/14/12; Commission’s reply brief filed 1/10/13.

Order finding defendants liable for contempt and ordering further 

proceedings on remedy entered 8/8/13.

Trial on contempt remedies held on 1/21/14 - 1/24/14.

Order holding defendants liable for contempt and directing compensatory 

sanctions to redress consumers entered 5/14/14.

Defendants’ notices of appeal filed 7/11/14 and 7/14/14.

Order by district court imposing coercive contempt sanction and directing 

that defendants Jared Wheat and Stephen Smith be incarcerated 

until they comply with product recall entered 9/2/14.

Petition for mandamus by defendants Wheat and Smith seeking to 

overturn coercive contempt order filed 9/4/14; denied 9/4/14.

Notice of appeal from coercive contempt order and emergency motion for 

a stay by defendants Wheat and Smith filed 9/4/14; Commission’s 

opposition filed 9/5/14; motion for stay denied 9/5/14; motion to 

voluntarily dismiss appeal filed 9/8/14; appeal no. 14-13972 

dismissed 10/15/14.

Motion to purge contempt defendants of contempt filed 9/26/14; 

Commission’s opposition filed 9/26/14.

Second motion to purge contempt defendants or release contempt 

defendants pending determination of less restrictive mean to purge 

contempt filed 10/16/14; Commission’s response filed 1/13/15; 

granted 1/20/15.

Motion to stay execution of judgment pending appeal entered 10/30/14; 

denied 1/23/15.

Appellants’ briefs (No. 14-13131) filed 10/30/14.

Order that the US Marshal’s Service release Jared Wheat and Stephen 

Smith from incarceration entered 11/10/14.

Commission’s answering brief (No. 14-13131) filed 1/9/15; appellants’ 

reply briefs filed 2/17/15.

Oral argument in Eleventh Circuit held 4/17/15.

Opinion vacating district court’s judgment of contempt and remanding 

case to district court for further proceedings entered 5/5/15.
36

Commission’s motion for clarification filed 6/4/15; Hi-Tech 

Pharmaceuticals response filed 6/18/15.

Commission’s motion for entry of contempt judgement relating to HiTech Pharmaceuticals, Inc., Jared Wheat, and Stephen Smith’s 

violation of section VI and motion for compensatory sanctions 

filed 8/20/15; opposition filed 10/9/15; Commission’s reply filed 

10/26/15; order denying motion with leave to refile entered 

11/4/15.

Contempt hearing held 3/27/17 - 4/7/17.

Final judgment against defendants Hi-Tech Pharmaceuticals, Inc., Jared 

Wheat, and Stephen Smith, and Terrill Mark Wright entered 

10/31/17.

Defendants Hi-Tech Pharmaceuticals, Inc., Stephen Smith and Jared 

Wheat’s notice of appeal filed 12/21/17; appellants’ briefs filed 

3/30/18; Commission’s answering brief filed 6/14/18; reply briefs 

filed 7/30/18.

Oral argument held 7/26/19.

Opinion affirming district court judgment entered 9/18/19.

Appellants’ petition for rehearing en banc filed 11/1/19; denied 1/29/20.

Appellant Hi-Tech Pharmaceuticals’ petition for writ of certiorari filed 

6/26/20; certiorari denied 11/2/20. 

Motion for relief from judgment by Defendants Hi-Tech Pharmaceuticals, 

Inc. and Jared Wheat filed 5/13/21; Commission’s opposition filed 

5/26/21; Defendants’ reply filed 6/9/21; motion denied 9/30/21.

Notice of appeal filed by Hi-Tech Pharmaceuticals, Stephen Smith, and 

Jared Wheat filed 11/22/21.

Appellants’ opening brief filed 3/4/22; Commission’s brief filed 5/4/22; 

appellants’ reply brief filed 6/24/22.

Oral argument scheduled for 7/18/23.

FTC v. NEORA LLC, No. 3:19-cv-19699 (D. N.J.); No. 3:20-cv-01979 (N.D. Tex.) 

Parties: Neora LLC, f/k/a Nerium International, LLC

Jeffrey Olson

Signum Biosciences, Inc.

Signum Nutralogix

Assigned Attorneys: Guy Ward (MWR)

Katharine Roller

Lisa Bohl

Rachel Sifuentes 

Michael Tankersley (BCP/FPD)

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) and 12 of the FTC 

Act in connection with advertising, promoting, and distributing a 

nutritional supplement.
37

Status: Complaint filed 11/1/19.

Stipulated order for permanent injunction as to Defendants Signum 

Biosciences Inc. and Signum Nutralogix entered 11/15/19.

Defendants Neroa LLC and Jeffrey Olson’s motion to dismiss filed 

12/11/19; Commission’s opposition filed 12/23/19; defendants 

reply filed 12/30/19.

Order granting defendants’ motion to transfer case to the U.S. District 

Court for the Northern District of Texas entered 7/27/20.

Defendants Neora LLC and Jeffrey Olson’s motion for judgment on the 

pleadings filed 5/17/21; Commission response filed 6/7/21; 

Defendant’s response filed 6/21/21.

Order granting defendants’ motion for judgment on the pleadings with 

respect to FTC's claim for monetary relief, but denied in all other 

respects, entered 8/2/21.

Commission’s motion for judgment on the pleadings on all affirmative 

defenses filed 5/3/22; Neora’s opposition filed 5/24/22; 

Commission’s reply filed 6/1/22; order granting Commission’s 

motion entered 8/8/22.

Cross-motions for summary judgment filed 7/13/22; oppositions filed 

8/13/22; order denying motions as moot entered 9/29/22.

Trial held 10/17/22 to 10/25/22.

Parties’ post-trial briefs filed 11/23/22.

FTC v. NETFORCE SEMINARS, No. 2:00-cv-02260 (D. Ariz.)

Parties: Netforce Seminars

Scott Harris

Thomas Socca

J.D. Noland

Richard Slaback

Darin Epps

Edward Lamont

Associated Attorneys: Evan Mendelson (BCP/ENF)

Jonathan Ware

Sarah Waldrop

James H. Davis

Alleged Conduct: Contempt action for violations of a 2002 permanent injunction in 

connection with a pyramid scheme.

Status: Stipulated final judgment and order for permanent injunction against

J.D. Noland entered 7/2/02.

Motion for an order to show cause why James D. Noland, Jr., Success by 

Media Holdings Inc., and Success by Media LLC should not be 
38

held in contempt filed 1/17/20; Defendant J.D. Nolan response 

filed 2/20/20; Commission’s reply filed 2/27/20.

Motion for order to show cause why Scott Harris and Thomas Sacca 

should not be held in contempt filed 4/10/20; Defendants’ 

responses filed 6/15/20; Commission’s reply filed 6/22/20.

Order granting motions to show cause in part and denying in part (court 

will address FTC’s request for civil contempt sanctions after it 

resolves FTC’s request for a permanent injunction in FTC v. 

Noland) entered 7/6/20.

Commission motion for sanctions for contempt against Defendants James 

D. Noland Jr., Scott Harris, Thomas Sacca, Success by Media, 

LLC, and Success by Media Holdings Inc. filed 6/23/21.

Contempt motion against the FTC by contempt defendants filed 2/24/22; 

Commission’s opposition filed 3/10/22; contempt defendants’ 

reply filed 3/16/22; motion denied 3/28/22.

Order denying without prejudice Commission’s motion for contempt 

sanctions entered 3/22/22; motion for reconsideration denied 

3/30/22.

Case consolidated with FTC v. James Noland, No. 2:20-cv-00047 (lead 

action), on 7/26/22 (see that case for further developments).

FTC v. NOLAND, Nos. 21-15767, 21-16679 (9th Cir.); No. 2:20-cv-00047 (D. Ariz.)

Parties: James D. Noland, Jr.

Lina Noland

Scott A. Harris

Thomas G. Sacca, Jr.

Success by Media Holdings Incorporated Success by Media d/b/a Success 

by Health

Success by Media, LLC, d/b/a Success by Health

Thomas G. Sacca

Assigned Attorneys: Evan Michael Mendelson (BCP/ENF)

Jonathan Wesley Ware

Sarah Waldrop

Mark Hegedus (OGC)

Imad Abyad

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act, the 

Merchandise Rule, and the Cooling-Off Rule, in connection with a 

pyramid scheme.

Status: Complaint filed 1/8/20.

TRO with asset freeze entered 1/8/20.

Amended complaint for permanent injunction filed 1/17/20.

TRO as to Thomas G. Sacca entered 1/17/20.
39

Preliminary injunction hearing held 2/12/20.

Preliminary injunction entered 2/27/20.

Defendants’ motion to dismiss case or compel joinder of parties filed 

7/28/20; Commission’s opposition filed 7/31/20; reply filed 8/7/20; 

order denying motion entered 9/21/20.

Defendants’ motion to dissolve or modify the preliminary injunction filed 

9/7/20; Commission’s opposition filed 9/21/20; reply filed 9/28/20; 

order denying motion entered 10/27/20. 

Defendants’ motion to stay pending the Supreme Court’s decisions in 

Credit Bureau Center and AMG Capital Mgmt filed 10/21/20; 

Commission’s opposition filed 11/4/20; reply filed 11/12/20; order 

denying stay entered 12/3/20. 

Motion for sanctions against individual defendants for intentional 

spoliation of evidence filed 1/28/21; Defendants’ opposition filed 

2/19/21; Commission’s reply filed 2/25/21.

Motion for summary judgment as to liability filed 3/12/21; Defendants’ 

opposition filed 5/3/21; Commission’s reply filed 6/28/21.

Order denying motion to intervene by Success by Health affiliates entered 

4/1/21; notice of appeal by would-be intervenors filed 4/19/21; 

appellants’ motion for voluntary dismissal of appeal granted 

7/23/21.

Motion for preliminary injunction with asset freeze and receivership filed 

5/18/21; Defendants’ opposition filed 6/11/21; Commission’s reply 

filed 6/16/21.

Commission’s motion for summary judgment as to monetary remedies 

filed 6/23/21; defendants’ opposition filed 8/6/21; Commission’s 

reply filed 8/16/21.

Motion to dissolve the preliminary injunction order and stay or dismiss 

13(b) proceedings by individual defendants filed 7/30/21; 

Commission’s opposition filed 8/6/21; defendants’ reply filed 

8/13/21. 

FTC motion for sanctions for intentional spoliation of evidence granted 

8/30/21. 

Order granting FTC's motion for summary judgment on liability entered 

9/9/21.

Order granting FTC motion for preliminary injunction with asset freeze 

and receivership, and denying individual defendants’ motion to 

dissolve preliminary injunction and stay or dismiss 13(b) 

proceedings, entered 9/23/21.

Notice of appeal of preliminary injunction order and denial of motion to 

dismiss by individual defendants filed 10/8/21.

Order denying FTC motion for summary judgment on remedies entered 

11/23/21.

Motion for voluntary dismissal of appeal granted 12/14/21.
40

FTC’s motion to apply summary judgment on liability order to corporate 

defendants filed 1/31/22; defendants’ opposition filed 2/14/22; 

denied without prejudice 2/17/22.

Motion to set aside judgment by individual defendants filed 2/22/22; 

FTC’s opposition filed 3/4/22; reply filed 3/10/22; denied 3/28/22. 

Case consolidated with FTC v. Netforce Seminars, No. 2:00-cv-02260, on 

7/26/22.

Bench trial held 1/25/23 to 2/10/23.

Commission’s proposed final order as to individual defendants filed 

5/24/23; individual defendants’ objection filed 6/1/23;

Commission’s response filed 6/12/23; individual defendants’ reply 

filed 6/13/23.

Order lifting stay as to corporate defendants entered 6/10/23.

FTC v. NUDGE LLC, No. 2:19-cv-00867 (D. Utah) 

 

Parties: Nudge LLC

Response Marketing Group, d/b/a 3 Day Real Estate Training, Abundance

Edu, LLC, Affluence Edu, LLC, American Money Tour, Cash 

Flow EDU, Clark EDU, LLC, Edge 2 Real Estate, Evtech Media 

North, Flip for Life, Flipping For Life, Income Events, Insider’s 

Financial Education, LLC, Leading Financial Education, LLC, 

Onwealth, Power Flip, Prosper Live, Property Education, LLC, 

Renovate To Rent, Simple Real Estate Training, Smart Flip, Snap 

Flip, US Education Advance, Vintage Flip, Visionary Events, 

Wealth Tribe, Women’s Empowerment, Yancey Events, Yancey, 

LLC, and Your Real Estate Today

BuyPD

Brandon B. Lewis

Ryan C. Poelman

Phillip W. Smith

Shawn L. Finnegan

Clint R. Sanderson

Dean Graziosi

Scott Yancey

Utah Division of Consumer Protection (Co-Plaintiff)

Assigned Attorneys: Darren Lubetzky (NER)

Brian Lasky

Christopher Miller

Savvas Diacosavvas

Karen O’Connell

Laura Zuckerwise

Vikram Jagadish
41

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) of the FTC Act, 

and the Telemarketing Sales Rule in connection with a real estate 

investment training scheme.

Status: Complaint filed 11/5/19.

Order granting TRO in part entered 12/19/19.

Defendants’ motion to dismiss filed 11/19/19; Commission’s opposition 

filed 12/2/19; defendants’ reply filed 12/11/19; Commission’s surreply filed 12/18/19; order denying in part motion to dismiss 

entered 12/31/19.

Stipulated preliminary injunction entered 12/19/19.

Defendants’ motion to stay proceedings pending Supreme Court review of 

availability of monetary relief under Section 13(b) of the FTC Act

filed 12/30/19; Commission’s opposition filed 1/13/20; reply filed 

1/27/20; motion denied 3/25/20.

Defendants’ motion to stay pending the Supreme Court’s decisions in 

Credit Bureau Center and AMG Capital Mgmt filed 7/20/20; 

Commission’s opposition filed 8/3/20; reply filed 8/17/20.

Amended complaint adding new defendants Dean Graziosi and Scott 

Yancey filed 11/18/20.

Motion for partial summary judgment by Utah Division of Consumer 

Protection filed 12/21/20; opposition and cross-motion for partial 

summary judgment by Defendants BuyPD, Shawn Finnegan, 

Brandon Lewis, Nudge LLC, Ryan Poelman, Response Marketing 

Group, Clint Sanderson, and Phillip Smith filed 1/25/21; Utah’s 

reply filed 2/8/21; Defendants’ additional reply filed 3/4/21. 

Third party complaint in intervention for declaratory relief against all 

defendants by American Estate and Trust DBO Erryl Sloan IRA, 

Erryl Sloan, E&R Enterprise, Rosemary Sloan, American Estate 

and Trust FBO Rosemary Sloan IRA filed 12/22/20.

Motion to dismiss for failure to state a claim by Defendants Dean Graziosi 

and Scott Yancey filed 1/19/21; Commission opposition filed 

2/16/21; Defendants’ reply filed 3/2/21.

Motion for partial summary judgment on availability of monetary relief by 

Defendants BuyPD, Shawn Finnegan, Brandon Lewis, Nudge 

LLC, Ryan Poelman, Response Marketing Group, Clint Sanderson, 

and Phillip Smith filed 5/5/21; Commission opposition filed 

6/2/21; Defendants’ reply filed 6/16/21.

Hearing held on 7/9/21.

Order denying cross-motions for partial summary judgment on Utah’s 

claim entered 7/9/21.

Memorandum decision and order denying motion to dismiss for failure to 

state a claim entered 7/26/21.

Order granting Defendants’ motion for partial summary judgment on 

monetary relief entered 9/15/21.
42

Cross-motions for summary judgment filed 10/18/21; oppositions filed 

11/23 and 11/24/21; replies filed 12/15/21.

Order granting in part and denying in part both Commission’s and 

defendants’ motions for summary judgment entered 6/14/22. 

Stipulated order for preliminary injunction, monetary judgment, and other 

relief as to defendant Scott Yancey entered 4/24/23.

Stipulated order for preliminary injunction, monetary judgment, and other 

relief as to defendant Dean Graziosi entered 4/24/23.

Stipulated order for permanent injunction, monetary judgment, and other 

relief as to remaining defendants entered 5/18/23.

FTC et al. v. PEYROUX et al., No. 1:21-cv-3329 (N.D. Ga.)

Parties: Steven D. Peyroux

Brent J. Detelich

Regenerative Medicine Institute of America, LLC

Physicians Business Solutions, LLC

Superior Healthcare, LLC

State of Georgia (Co-Plaintiff)

Assigned Attorneys: Elizabeth Nach (BCP/AP)

Robert Van Someren Greve

Cassandra Rasmussen

Alleged Conduct: Deceptive acts and practices in connection with marketing claims about 

efficacy of stem cell therapy for various orthopedic ailments.

Status: Complaint filed 8/16/21.

Clerks’ entry of default as to Regenerative Medicine Institute of America, 

LLC and Superior Healthcare, LLC entered 11/5/21.

Commission’s motion for summary judgment filed 3/17/23; defendant 

Steven D. Peyroux’s opposition filed 5/4/23; defendant Brent 

Detelich’s opposition filed 5/12/23; Commission’s reply to 

Peyroux filed 5/25/23; Commission’s reply to Detelich filed 

6/2/23.

FTC v. PUBLISHERS CLEARING HOUSE LLC, No. 2:23-cv-4735 (E.D.N.Y.)

Parties: Publisher’s Clearing House LLC

Assigned Attorneys: Joshua Doan (BCP/MP)

Miry Kim

Savvas Diacosavvas (NER)

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) of the FTC Act, 

15 U.S.C. § 45(a) and the CAN-SPAM Act in connection with 
43

defendant’s misleading of consumers into believing a purchase is 

necessary to win their sweepstakes or would increase their chances of 

winning.

Status: Complaint filed 6/26/23.

Stipulated order for permanent injunction, monetary judgment, and other 

relief entered 6/30/23.

FTC v. QUINCY BIOSCIENCE HOLDING CO., INC., No. 17-3745 (2d Cir.); No. 17-3791 

(2d Cir.); No. 1:17-cv-00124 (S.D.N.Y.)

Parties: Quincy Bioscience Holding Company, Inc.

Quincy Bioscience, LLC

Prevagen, Inc. d/b/a Sugar River Supplements

Quincy Bioscience Manufacturing, LLC

Mark Underwood

State of New York (Co-Plaintiff)

Assigned Attorneys: Annette Soberats (BCP/AP)

Christine Lee DeLorme

Edward Glennon

Andrew Wone

Bradley D. Grossman (OGC)

Alleged Conduct: Deceptive acts and practices in violation of Sections 5(a) and 12 of the 

FTC Act, the New York Executive Law, and the New York General 

Business Law, in connection with the marketing of defendants’ purported 

memory improvement supplement, Prevagen.

Status: Complaint filed 1/9/17.

Motion to dismiss for failure to state a claim filed 4/6/17; Commission’s 

opposition filed 4/25/17; reply filed 5/5/17; order granting motion 

entered 9/29/17.

Commission’s notice of appeal filed 11/21/17.

Commission’s opening brief filed 2/28/18; appellees’ brief filed 5/30/18; 

Commission’s reply filed 6/13/18; appellees’ corrected brief filed 

6/15/18; Commission’s corrected brief filed 7/17/18.

Oral argument held 2/8/19.

Order vacating the judgment of the District Court and remanding the case 

for further proceedings entered 2/21/19.

Corporate defendants’ supplemental brief on motions to dismiss filed 

6/17/19; individual defendants’ supplemental brief on motions to 

dismiss filed 6/18/19; Commission’s opposition to corporate 

defendants’ motions filed 7/1/19; Commission’s opposition to 

individual defendants’ motions filed 7/2/19.

Order denying motion to dismiss with respect to the validity of the FTC’s 
44

quorum and as to claims against individual defendant Mark 

Underwood but granting motion to dismiss as to the claims against

individual defendant Michael Beaman entered 7/24/19.

Order granting in part and denying in part Plaintiffs’ motion to strike eight 

affirmative defenses entered 3/2/20.

Order granting defendants a jury trial entered 4/26/21.

Order dismissing without prejudice the FTC’s claim for monetary relief 

entered 9/17/21.

Defendants’ motion for summary judgment filed 4/14/22; Commission’s 

opposition filed 6/18/22; defendants’ reply filed 7/11/22.

Order granting Individual Defendant Mark Underwood’s motion for 

partial summary judgment on NY State’s claims entered 7/5/22.

Order denying Defendants’ motion for summary judgment entered 

12/19/22.

FTC v. QYK Brands, LLC, No. 22-55446 (9th Cir.); No. 8:20-cv-1431 (C.D. Cal.)

Parties: QYK Brands, LLC d/b/a Glowwy

DRJSNATURAL, LLC

Theo Pharmaceuticals, Inc.

EASII, Inc.

Rakesh Tammabattula

Jacqueline Nguyen

Assigned Attorneys: Katherine Johnson (BCP/ENF)

Kristy Tillman

Christopher Erickson

Delilah Vinzon (WR-LA)

Mariel Goetz (OGC)

Alleged Conduct: Deceptive acts or practices in violation of Sections 5(a) and 12 of the FTC 

Act in connection with the sale and marketing of face masks, sanitizer, and 

other personal protective equipment related to the coronavirus pandemic. 

Status: Complaint filed 8/4/20.

Stipulated TRO entered 8/9/20. 

Stipulated preliminary injunction entered 8/26/20. 

Amended complaint adding new defendants Theo Pharmaceuticals, Inc. 

and EASII, Inc. filed 5/19/21.

Defendants’ motion to dismiss case filed 6/23/21; Commission’s 

opposition filed 11/12/21; defendants’ reply filed 11/19/21.

Order denying defendants’ motion to dismiss entered 11/30/21.

Motion for summary judgment by the Commission filed 2/15/22; countermotion for partial summary judgment by defendants filed 2/16/22; 

oppositions to each motion filed 3/18/22; replies filed 3/25/22. 

Minute order granting Commission’s motion for summary judgment and 
45

denying defendants’ motions for partial summary judgment 

entered 4/6/22. 

Final order for permanent injunction entered 4/22/22.

Defendants’ notice of appeal filed 4/29/22.

Defendants’ motion for partial stay of injunction pending appeal filed

4/29/22; Commission’s opposition filed 6/3/22; reply filed 6/10/22; 

order by district court denying stay entered 6/21/22.

Appellants’ motion to Ninth Circuit for stay pending appeal filed 6/30/22. 

Appellants’ opening brief field 7/6/22; FTC answering brief filed 9/28/22; 

appellants’ reply brief filed 11/1/22.

Oral argument heard 3/6/23.

New oral argument following departure of Judges Kleinfeld and Watford

scheduled for 9/18/23.

FTC v. RAGINGBULL.COM, LLC, No. 1:20-cv-3538 (D. Md.)

Parties: Ragingbull.com, LLC f/k/a Lighthouse Media, LLC

Jeffrey M. Bishop

Kyle W. Dennis

Jason Bond

MFA Holdings Corp.

Jason Bond, LLC

Winston Corp.

Winston Research, Inc.

Sherwood Ventures, LLC

Assigned Attorneys: Colleen Robbins (BCP/MP)

Laura Basford 

Thomas Biesty

Sung Kim

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act and 

the Restore Online Shoppers’ Confidence Act in connection with the 

marketing and sale of online services related to stock and options trading.

Status: Complaint filed 12/7/20. 

TRO and order to show cause why a preliminary injunction should not 

issue entered 12/8/20.

Defendants’ response to order to show cause filed 1/13/21; Commission 

reply filed 1/27/21; hearing held 3/19/21

Amended complaint filed 2/4/21.

Motion to dismiss by Defendants Jason Bond, LLC, and Sherwood 

Ventures, LLC filed 4/16/21; motion to dismiss for failure to state 

a claim and strike request for monetary relief by Defendants Kyle 

W. Dennis, Winston Corp., and Winston Research Inc. filed 
46 

4/16/21; Commission opposition filed 5/18/21; Defendant Kyle 

Dennis’s reply filed 6/1/21. 

Notice of voluntary dismissal as to Defendants Winston Corp., and 

Winston Research Inc. filed 5/18/21; order of dismissal entered 

5/18/21. 

Commission motion to amend complaint filed 6/11/21; Defendant Kyle 

Dennis’s opposition filed 6/25/21; opposition by Jeffrey M. 

Bishop, Jason Bond, LLC, RagingBull.com, LLC, and Sherwood 

Ventures, LLC filed 7/02/21; FTC reply filed 7/15/21. 

Motion to intervene by Stripe, Inc. filed 12/20/21; Commission’s response 

filed 1/3/22; reply by Stripe filed 1/19/22; order denying motion 

entered 3/15/22. 

Stipulated final order for permanent injunction, monetary judgment, and 

other relief as to Ragingbull.com, LLC, Sherwood Ventures, LLC, 

Jason Bond, LLC, Jeffrey M. Bishop and Jason Bond entered

3/15/22. 

Commission’s second amended complaint filed 3/15/22; answer by 

defendans Kyle Dennis filed 3/29/23. 

Motion to dismiss by Kyle Dennis filed 4/5/22; Commission’s opposition 

filed 4/19/22; reply filed 5/3/22; motion denied 3/15/23. 

Commission’s motion to strike jury demand and certain affirmative 

defenses from answer by Kyle Dennis filed 4/19/23; defendant’s 

response filed 5/3/23; Commission’s reply filed 5/17/23.

 

FTC v. RANDO et al., No. 3:22-cv-487 (M.D. Fla.)

Parties: Michael Rando 

Valerie Rando 

Prosperity Training Technology 

Elite Customer Services, LLC

Digital Business Scaling LLC

First Coast Matchmakers Inc.

First Coast Matchmakers LLC

Financial Consulting Management Group LLC

Resource Management Investments, LLC 

 

Assigned Attorneys: Brian Welke (BCP/ENF) 

 Hong Park

 Sana Chaudhry 

 

Alleged Conduct: Deceptive acts or practices in violation of Section 5, the Telemarketing

Sales Rules (TSR), the COIVD-19 Consumer Protection Act (CCPA), and

multiple provisions of the Business Opportunity Rule (BOR) for falsely

promising consumers quick boosts to their credit scores and for misleading

them to think they could run their own credit repair companies.
47 

Status: Complaint filed 5/2/22. 

 TRO with asset freeze entered 5/3/22.

Stipulated preliminary injunction entered 9/27/22. 

Joint motion to stay proceedings pending Commission approval of 

settlement filed 10/12/22; order staying case entered 10/18/22. 

Joint motion for permanent injunction filed 12/15/22. 

Stipulated order for permanent injunction and monetary judgement entered 

1/10/23. 

FTC v. ROOMSTER CORP., No. 1:22-cv-7389 (S.D.N.Y.) 

 

Parties: Roomster Corp. 

 Jonathan Shriber 

 Roman Zaks

 Jonathan Martinez

 State of California (co-plaintiff)

 State of Colorado (co-plaintiff)

 State of Florida (co-plaintiff)

 State of Illinois (co-plaintiff)

 Commonwealth of Massachusetts (co-plaintiff)

 State of New York (co-plaintiff)

 

Assigned Attorneys: Angeleque Linville (SER)

 Valerie Verduce 

 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act in 

 connection with the marketing of rental platform listings.

 

Status: Complaint filed 8/30/22. 

Stipulated permanent injunction as to Defendant Jonathan Martinez, 

including monetary relief to Plaintiff States, entered 9/6/22. 

Defendant’s motion to dismiss filed on 10/31/22; FTC and State Plaintiffs’

opposition filed 12/5/22; Defendants’ reply brief filed 12/21/22; 

motion to dismiss denied 2/1/23. 

FTC v. ROSS, No. 22-2078 (4th Cir.); No. 1:08-CV-03233 (D. Md.) 

Parties: Innovative Marketing, Inc., et al.

Kristy Ross 

Assigned Attorneys: Matthew Hoffman (OGC)

 Miriam Lederer (BCP/ENF)

Alleged Conduct: Deceptive acts and practices in violation of Section 5 involving computer 

security software purchases, scans, and advertising. 
48

Status: Complaint filed 12/2/08.

Order for permanent injunction and monetary relief entered 9/24/12; 

affirmed on appeal 2/25/14; petition for writ of certiorari denied 

10/6/14.

Motion by Kristy Ross to vacate monetary portion of the judgment in light 

of AMG filed 9/9/21; Commission’s opposition filed 9/22/21; reply 

by Kristy Ross filed 10/6/21; order denying motion entered 

9/14/22; notice of appeal filed 10/12/22.

Ross’s opening brief filed 12/07/22; Commission’s answering brief filed 

1/20/23; Commission’s corrected response brief filed 1/23/23; 

Ross’s reply brief filed 2/17/23.

Supplemental briefs filed 5/1/23.

Oral argument heard 5/3/23.

Opinion affirming decision of district court entered 7/19/23.

FTC v. SIMPLE HEALTH PLANS, LLC, Nos. 19-10840, 19-11932, 21-13116 (11th Cir.), No.

18-cv-62593 (S.D. Fla.)

Parties: Simple Health Plans, LLC

Health Benefits One LLC d/b/a Health Benefits Center d/b/a Simple 

Health d/b/a Simple Health Plans d/b/a Simple Insurance d/b/a 

Simple Insurance Plans d/b/a Simple Auto d/b/a Simple Home

d/b/a Simple Home Plans d/b/a Simple Care d/b/a Simple Life

d/b/a National Dental Savings

Health Center Management LLC

Innovative Customer Care LLC

Simple Insurance Leads LLC d/b/a Health Insurance Services

Senior Benefits One LLC

Steven J. Dorfman

Assigned Attorneys: Elizabeth Scott (MWR)

Purba Mukerjee

Joannie Wei

Roberto Menjivar

Brad Grossman (OGC)

Matthew Hoffman

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act and 

FTC’s Telemarketing Sales Rule in connection with the sale and 

marketing of limited benefit insurance plans and medical discount 

memberships.

Status: Complaint filed 10/29/18

TRO entered 10/31/18; order extending TRO entered 12/21/18.

Notice of appeal by defendant Steven J. Dorfman as to order on motion for 

temporary restraining order, order on motion to appoint receiver, 
49

order on motions for order to show cause, and order on motion to 

strike filed 3/4/19.

Order of dismissal from USCA for lack of jurisdiction entered 4/16/19.

Preliminary injunction hearing held 4/16/19.

Preliminary injunction entered 5/14/19.

Notice of appeal of preliminary injunction filed 5/15/19.

Order by district court denying defendants’ motion to stay proceedings 

pending appeal entered 5/31/19.

Order by 11th Circuit denying appellant Steven Dorfman’s motion to stay 

lower court proceedings entered 6/11/19.

Defendant Steven Dorfman’s motion to dissolve preliminary injunction 

filed 6/4/19; Commission’s opposition filed 6/17/19.

Appellant Steven Dorfman’s opening brief filed 5/24; Commission’s brief 

filed 7/24/19; Dorfman’s reply brief filed 8/14/19.

Amended complaint filed 10/31/19.

Motion to dismiss amended complaint filed 12/16/19; Commission’s 

response filed 12/30/19; Dorfman’s response filed 1/6/20; motion 

granted in part 6/15/20.

Eleventh Circuit opinion affirming district court’s preliminary injunction 

against Steven Dorfman entered 2/5/20.

Preliminary injunction as to Candida Girouard entered 4/2/20.

Second amended complaint filed 6/23/20.

Defendants’ motion to stay pending the Supreme Court’s decisions in 

Credit Bureau Center and AMG Capital Mgmt filed 7/10/20; 

Commission’s opposition filed 7/17/20; order denying stay entered 

8/3/20.

Motion to dismiss second amended complaint by Steven Dorfman and 

Candida Girouard filed 7/15/20; Commission’s opposition filed 

7/29/20; reply filed 8/5/20, order denying motion to dismiss 

entered 10/19/20. 

Commission motion for summary judgment filed 1/15/21; Steven 

Dorfman’s opposition filed 2/12/21; Commission’s reply filed 

2/16/21.

Defendant Steven Dorfman’s motion for summary judgment filed 1/15/21; 

Commission’s opposition filed 2/12/21; Steven Dorfman’s reply 

filed 2/16/21.

Defendant Steven Dorfman’s emergency motion to dissolve preliminary 

injunction filed 4/22/21; Commission opposition filed 4/30/21; 

Dorfman’s reply filed 5/3/21; Commission supplemental brief filed 

6/10/21; Dorfman’s supplemental brief filed 6/10/21.

Order denying Dorman’s emergency motion to dissolve preliminary 

injunction entered 9/5/21.

Stipulated order for permanent injunction and suspended monetary 

judgment as to defendant Candida Girouard entered 9/8/21.

Notice of appeal from order denying motion to dissolve preliminary 

injunction filed 9/10/21.
50 

Dorfman opening brief filed 11/24/21. 

FTC brief filed 1/26/22. 

Dorfman reply brief filed 3/18/22. 

Oral argument held 9/14/22. 

 Opinion affirming decision of district court entered 1/27/23. 

FTC v. SL FINANCE LLC, et al., No. 8:23-cv-698 (C.D. Cal.) 

 

Parties: SL Finance LLC

Michael Castillo

Christian Castillo

 

Assigned Attorneys: Katherine Aizpuru (BCP/FP)

Samuel Jacobson

Carlton Mosley 

John Jacobs (WRLA) 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act, the 

Telemarketing Act, the COVID-19 Act, and the Gramm-Leach-Bliley Act 

in connection with the marketing and sale of student loan debt relief 

services.

 

Status: Complaint filed 4/24/23. 

Ex parte TRO entered on 5/2/23; TRO extended 5/16/23. 

Stipulated preliminary injunction entered 5/22/23. 

FTC v. SUPERGOODDEALS.COM, INC., No. 1:20-cv-3027 (E.D.N.Y.) 

Parties: SuperGoodDeals.com, Inc.

 Kevin J. Lipsitz 

 U.S. Attorney’s Office, Eastern District of New York (Intervenor) 

 

Assigned Attorneys: Brian Martin Welke (BCP/ENF) 

 Evan Mendelson 

 Jonathan Cohen 

 Savvas Socrates Diacosavvas (NER)

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act in 

connection with the advertising of facemasks and other personal protective 

equipment. 

Status: Complaint filed 7/8/20. 

Unopposed motion by U.S. Attorney’s Office to intervene and to stay case

during pendency of parallel criminal case filed 9/15/20; motion 

granted 9/18/20. 

Status report by FTC filed 10/26/21 and 4/14/22. 
51

Motion to stay by Kevin J. Lipsitz filed 6/17/22; FTC opposition filed 

6/26/22.

Hearing held and order from the bench granting stay entered 6/26/22.

Joint status report filed 10/14/22.

Joint motion to stay pending settlement filed 2/6/23; motion granted 

2/7/23.

FTC v. SURESCRIPTS, LLC, No. 1:19-cv-01080 (D.D.C.)

Parties: Surescripts, LLC

Assigned Attorneys: Bradley Albert (BC/HC)

Markus Meier

David B. Schwartz

Joseph P. Mathias

Tanya O’Neil

Daniel Matheson

Jordy Hur

Timothy Grayson

Nicholas Leefer

Andrew Kennedy

Alleged Conduct: Unfair methods of competition in violation of Section 5(a) of the FTC Act,

in connection with the defendants’ anticompetitive scheme to maintain its

monopolies in markets for electronic prescription routing and eligibility.

Status: Complaint filed 4/17/19.

Surescripts’ motion to dismiss for lack of jurisdiction filed 7/12/19; 

Commission’s opposition to motion filed 8/23/19; reply to motion 

filed 9/13/19; order denying motion to dismiss entered 1/17/20.

Motion to amend order denying Surescripts’ motion to dismiss to certify 

two aspects of the order for interlocutory appeal filed 3/6/20; 

Commission’s opposition filed 3/27/20; reply filed 4/10/20; motion 

denied 5/21/20.

Stipulated order dismissing without prejudice the Commission’s request 

for equitable monetary relief entered 5/17/21.

FTC and Surescripts, LLC motions for summary judgment filed 3/28/22; 

oppositions briefs filed 4/25/22; reply briefs filed 5/16/22.

Oral argument on summary judgment motions held 3/16/23.

Order granting FTC’s motion for partial summary judgment on market 

definition and monopoly power, deferring ruling on Surescripts’ 

motion for summary judgment, entered 3/30/23.
52

FTC v. SYNGENTA CROP PROTECTION AG, et al., 1:22-cv-00828 (M.D.N.C.)

Parties: Syngenta Crop Protection AG

Syngenta Corporation

Syngenta Crop Protection, LLC

Corteva, Inc.

State of California (Co-Plaintiff)

State of Colorado (Co-Plaintiff)

State of Illinois (Co-Plaintiff)

State of Indiana (Co-Plaintiff)

State of Iowa (Co-Plaintiff)

State of Minnesota (Co-Plaintiff)

State of Nebraska (Co-Plaintiff)

State of Oregon (Co-Plaintiff)

State of Tennessee (Co-Plaintiff)

State of Texas (Co-Plaintiff)

State of Wisconsin (Co-Plaintiff)

State of Washington (Co-Plaintiff)

Assigned Attorneys: James Weingarten (BC/Office of the Director)

Geoffrey Green (BC/ACP)

Mark Woodward

Joseph Baker

Wesley Carson

Elizabeth Gillen

Phillip Kehl

Lauren Patterson

Edward Takashima

Michael Turner

Rachel Frank (BC/Mergers III)

Alleged Conduct: Violations of Section 5 of the FTC Act, Section 3 of the Clayton Act, and 

laws enforced by state plaintiffs through loyalty programs that block 

competition from manufacturers of low-cost generic agricultural pesticides 

even after relevant patents have expired. 

Status: Complaint filed 9/29/22.

Defendants’ motions to dismiss filed 12/12/22; plaintiff’s response filed 

12/23/22.

Amended complaint filed 12/23/22.

Defendant Corteva Inc. and Syngenta Corporation’s motion to dismiss for 

failure to state a claim filed 1/13/23; Commission’s opposition 

filed 2/10/23; defendants’ replies filed 3/3/23 and 3/7/23.
53 

FTC v. TRIANGLE MEDIA CORP. No. 22-56012 (9th Cir.); No. 3:18-cv-01388 (S.D. Cal.) 

 

Parties: Triangle Media Corporation, et al. 

Wells Fargo & Co. (Proposed Intervenor) 

Wells Fargo Bank N.A. (Proposed Intervenor) 

Assigned Attorneys: Jonathan W. Ware (BCP/ENF)

 Matthew Wernz

 Rebecca Church

 Samantha Gordon 

 Michael Bergman (OGC)

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) of the FTC Act, 

the Restore Online Shoppers’ Confidence Act, and the Electronic Fund 

Transfer Act in connection with the marketing of supposedly “free trial” 

offers for personal care products and dietary supplements online. 

Status: Complaint filed 6/25/18; amended complaint filed 12/11/18. 

Stipulated orders for permanent injunction and monetary judgment entered

5/29/19. 

Motion to intervene and void monetary judgment and receivership in light 

of AMG by Well Fargo filed 11/10/21; oppositions by FTC and 

Receiver filed 12/20/21; reply filed 1/10/22; order denying 

intervention entered 9/22/22; notice of appeal filed 10/27/22. 

Wells Fargo opening brief filed 3/8/23; FTC responding brief filed 5/9/23; 

Wells Fargo reply brief due 6/29/23. 

Oral argument scheduled for 10/20/23. 

FTC v. VISION ONLINE, No. 6:23-cv-1041 (M.D. Fla.)

Parties: Vision Online, Inc.

Ganadores IBR, Inc.

Vision Online Digital

Vision Online English, LLC 

Vision Online Latino, LLC 

Richard Alvarez

Sara Alvarez

Robert Shemin 

Bryce Chamberlain

 

Assigned Attorneys: Joseph Ronald Brooke, Jr. (BCP/MP)

 Virginia Rosa 

 

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) of the FTC Act, 

the “Cooling-Off Rule”, and the Consumer Review Fairness Act of 2016 
54 

in connection with advertising and selling business trainings and 

opportunities targeting Spanish-speaking consumers. 

 

Status: Complaint filed 6/5/23. 

Ex parte TRO entered 6/7/23. 

FTC v. VYERA PHARMACEUTICALS, LLC, No. 22-728 (2d. Cir.); No. 1:20-cv-00706 

(S.D.N.Y.)

Parties: Vyera Pharmaceuticals, LLC

Phoenixus AG 

Kevin Mulleady 

Martin Shkreli 

State of New York (Co-Plaintiff)

State of California (Co-Plaintiff)

State of Illinois (Co-Plaintiff)

State of North Carolina (Co-Plaintiff)

State of Ohio (Co-Plaintiff)

Commonwealth of Pennsylvania (Co-Plaintiff)

Commonwealth of Virginia (Co-Plaintiff)

Assigned Attorneys: Markus H. Meier (BC/HC)

Bradley A. Albert 

Armine Black

Daniel W. Butrymowicz 

Leah Hubinger 

Lauren Peay

Neal Perlman

Maren Haneberg 

James Weingarten (BC/Office of the Director) 

Brad Grossman (OGC)

Alleged Conduct: Violations of Sections 1 and 2 of the Sherman Act and unfair methods of 

competition in violation of Section 5 of the FTC Act, in connection with 

scheme to maintain a monopoly for the life-saving drug, Daraprim. 

Status: Complaint filed 1/27/20. 

Amended complaint adding six state plaintiffs filed 4/14/20. 

Defendants’ motions to dismiss filed 5/22/20; FTC’s opposition to 

defendants’ motions to dismiss filed 7/6/20; defendants’ replies

filed 7/27/20; order denying the motions to dismiss entered 

8/18/20. 

Commission letter motion for spoliation sanctions against Defendants filed 

5/17/21; defendants’ responses filed 5/21/21; order imposing 

sanctions entered 6/1/21. 
55 

Order dismissing Commission’s prayer for equitable monetary relief 

entered 6/2/21. 

Stipulated order for permanent injunction and equitable monetary relief 

against Phoenixus AG, Vyera Pharmaceuticals, LLC, and Kevin 

Mulledy entered 12/7/21. 

Trial against Martin Shkreli held 12/10/21 to 12/22/21. 

Opinion and order finding Shkreli liable for federal and state antitrust law 

violations and ordering him barred for life from the pharmaceutical 

industry and requiring him to pay $64.6 million in equitable 

monetary relief entered 1/14/22. 

Order for permanent injunction and equitable monetary relief entered 

2/4/22. 

Shkreli’s notice of appeal filed 4/5/22. 

Shkreli’s appeal brief filed 12/23/22; FTC and states’ appellee brief filed

3/23/23; Shkreli’s reply brief filed 4/13/23. 

FTC v. ZAAPPAAZ, LLC, No. 4:20-cv-2717 (S.D. Tex.) 

Parties: Zaappaaz, LLC

Azim Makanojiya 

Assigned Attorneys: Anne Collesano (BCP/ENF) 

Adrienne Lighten 

Michele Schaefer

 James Elliott (SER)

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act in 

connection with the failure to deliver on promises to quickly ship products 

like face masks, sanitizer, and other personal protective equipment related 

to the coronavirus pandemic. 

Status: Complaint filed 8/4/20. 

Stipulated preliminary injunction entered 8/8/20. 

Cross-motions for summary judgment filed 10/26/22; FTC opposition to 

defendants’ motion filed 12/02/22; defendants’ opposition to 

Commission’s motion filed 12/27/22; defendants’ corrected reply in 

support of their motion for partial summary judgment filed 1/24/23; 

FTC reply in support of its motion filed 1/24/23. 

FTC v. ZYCAL BIOCEUTICALS HEALTHCARE COMPANY, INC., No. 4:20-cv-10249 (D. 

Mass.) 

Parties: Zycal Bioceuticals Healthcare Company, Inc.

James J. Scaffidi

Excellent Marketing Results, Inc.

Michael McGahee
56 

Assigned Attorneys: Mary L. Johnson (BCP/AP) 

 Edwin Rodriguez 

 Sarah Botha 

Alleged Conduct: Deceptive acts or practices in violation of Sections 5(a) and 12 of the FTC 

Act in connection with the marketing of purported joint pain relief 

products.

Status: Complaint filed 2/10/20. 

Stipulated order for permanent injunction and monetary judgment against 

Excellent Marketing Results and Michael McGahee entered 

2/19/20. 

FTC’s motion to strike Zycal defendants’ affirmative defenses and 

crossclaim filed 4/30/20; EMR defendants’ motion to dismiss 

crossclaim for failure to state a claim filed 5/22/20; Zycal 

defendants’ consolidated opposition filed 6/12/20; Commission’s 

reply filed 6/25/20; EMR defendants’ reply filed 6/26/20; Zycal 

defendants’ surreply filed 7/2/20; hearing on motions held 

11/23/20; order granting in part and denying in part FTC’s motion 

to strike affirmative defenses and crossclaim, and granting EMR 

defendants’ motion to dismiss crossclaim, entered 3/16/21. 

ZyCal motion for partial judgment on the pleadings filed 5/25/21; FTC’s

response filed 6/7/21; ZyCal reply filed 6/14/21; FTC’s surreply

filed 6/24/21; hearing on motion held 9/3/21; order denying 

Zycal’s motion entered 9/3/21. 

Settlement order of dismissal, subject to reopening within 60 days if 

settlement is not consummated, entered 12/9/22. 

Stipulated order for permanent injunction entered 2/07/23. 

CIVIL PENALTY AND ENFORCEMENT CASES2F

*

(A)Consumer Protection

UNITED STATES v. AKOURY, No. 2:23-cv-26 (E.D. Tenn.) 

Parties: Dalal A. Akoury 

 Dalal Akoury MD, PLLC 

 AWAREmed Wholistic Urgent Care, PLLC

Assigned Attorneys: Ben Cunningham (DOJ) 

 Zachary Cowan

 Alexandra Ortiz Hadley

 Amy Kaplan

* Includes all suits in which civil penalties are sought; consumer redress, injunctions, and ancillary equitable relief 

may also be sought.
57

Alleged Conduct: Violations of Sections 5 and 12 of the FTC Act and Section 8023 of the 

Opioid Act related to false claims regarding addiction treatment services.

Status: Complaint filed 3/16/23.

Stipulated order for permanent injunction entered 3/21/23.

UNITED STATES v. AMAZON.COM INC., No. 2:23-cv-811 (W.D. Wash.)

Parties: Amazon.com Inc.

Amazon.com Services LLC

Assigned Attorneys: James Nelson (DOJ)

Kayla Stahman

Rachael Doud

Alleged Conduct: Violations of Sections 5 of the FTC Act and 1303(c) and 1306(d) of the 

Children’s Online Privacy Protections Act of 1998 (“COPPA”).

Status: Complaint filed 5/31/23.

FTC v. AMAZON.COM INC., No. 2:23-cv-932 (W.D. Wash.)

Parties: Amazon.com Inc.

Assigned Attorneys: Evan Mendelson (BCP/ENF)

Jonathan Cohen

Olivia Jerjian

Thomas Nardini

Colin MacDonald (NWR)

Alleged Conduct: Violations of Section 5 of the FTC Act and the Restore Online Shoppers’ 

Confidence Act (“ROSCA”) for enrolling consumers in its Amazon Prime 

service without their consent.

Status: Complaint filed 6/21/23.

UNITED STATES v. B4B EARTH TEA LLC, No. 1:22-cv-1159 (E.D.N.Y.)

Parties: B4B Earth Tea, LLC

B4B Corp.

Andrew Martin Sinclair

Assigned Attorneys: James Nelson (DOJ/CPB)

Zachary Dietert 

Michael Blume (DOJ/EDNY)
58

Michael Shane (FDA)

Robert van Someren Greve (BCP/AP)

Alleged Conduct: Violations of the COVID-19 Consumer Protection Act, and Sections 5 and 

12 of the FTC Act, in connection with false or unsubstantiated claims that 

an herbal tea containing aloe vera and honey treats or prevents COVID-19, 

is as good or better than available vaccines at treating or preventing the 

virus, and is clinically proven to treat and prevent COVID-19.

Status: Complaint filed 3/3/22.

Defendant Sinclair’s motions to dismiss filed 6/1/22; United States’ 

opposition filed 6/15/22.

Order granting 60-day stay entered 6/30/22. 

Joint status report filed 10/28/22.

United States status report filed 4/7/23; defendants’ status report filed 

4/10/23.

UNITED STATES v. BURGERIM GROUP USA, No. 2:22-cv-825 (C.D. Cal.)

Parties: Burgerim Group USA, Inc.

Burgerim Goup, Inc.

Oren Loni 

Assigned Attorneys: Marcus Smith (DOJ)

Stephen Tosini

Alleged Conduct: Violations of Section 5 of the FTC Act and the Franchise Rule by enticing 

consumers to purchase franchises using false promises while withholding 

information required by the rule.

Status: Complaint filed 2/7/22.

United States’ application for clerk to enter default against Burgerim 

Group USA, Inc. and Burgerim Group, Inc. filed 5/23/22.

Order granting time for service of process and request of default entered 

6/13/22.

Clerk entry of default as to Burgerim Group USA, Inc. and Bugerim 

Group Inc. on 7/14/22.

Mediation report filed 10/26/23.

UNITED STATES v. CONNORS, No. 2:23-cv-475 (M.D. Fla.)

Parties: Michael J. Connors

ProTouch Marketing, LLC

Woodford Hills, LLC

Oakhill Research, LLC

Evergreen Marketing, LLC
59

Sterling Health, LLC

Clara Vista Media, LLC

Assigned Attorneys: Mary Englehart (DOJ/CIV)

Rafael Reneri (BCP/AP)

Richard Quaresima

Serena Viswanathan

Shira Modell

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) and Section 12 of 

the FTC Act as well as violation of OARFPA in connection with products 

advertised as effective ways to quit smoking.

Status: Complaint filed 6/29/23.

UNITED STATES v. CONSUMER LAW PROTECTION, No. 4:22-cv-01243 (E.D. Mo.)

Parties: Consumer Law Protection, LLC

Consumer Rights Counsel

Premier Reservations Group, LLC

Resort Transfer Group, LLC

Square One Development Group, Inc., dba Square One Group

Square One Group, LLC

Timeshare Help Source

Farmington Allegiance, LLC

Mainline Partners, LLC

The Jake and Avery Irrevocable Trust dated September 11, 2019

The Maggie and Lucy Irrevocable Trust dated September 11, 2019

Christopher Carroll

George Reed

LouAnn Reed

Scott Jackson

Eduardo Balderas

State of Wisconsin (co-plaintiff)

Assigned Attorneys: Ellen Bowden McIntyre (DOJ)

Amy Pentz Kaplan

Samantha Denny (MWR)

Alleged Conduct: Deceptive acts and practices in violation of Section 5(a) of the FTC Act, 

the FTC’s Cooling Off Rule, and state law in connection with the 

promotion and sale of fraudulent timeshare exit services to seniors.

Status: Complaint filed 11/21/22.

Defendants’ motions to dismiss filed 1/27/23, 2/08/23, and 2/09/23; 

opposition to motions by the United States filed 3/03/23; 
60

Defendants’ replies filed 3/16/23 and 3/20/23. 

UNITED STATES v. DAMIANO, No. 0:22-cv-60779 (S.D. Fla)

Parties: Anthony Joseph Damiano

Funeral & Cremation Group of North America, LLC

Legacy Cremation Services, LLC 

Assigned Attorneys: Cody Herche (DOJ)

James Weinkle

Wandaly Fernandez Garcia

Katherine Ho

Rebecca Plett (BCP/MP)

Thomas Harris

Alleged Conduct: Violations of Section 5 of the FTC Act and the Commission’s Funeral 

Rule for misrepresenting prices and location of services, illegally 

threatening and failing to return cremated remains to consumers, and 

failing to provide required disclosures.

Status: Complaint filed 4/22/22.

Stipulated order for permanent injunction and monetary judgment entered 

4/06/23.

FTC v. DAY PACER LLC, No. 1:19-cv-01984 (N.D. Ill.)

Parties: Day Pacer LLC, f/k/a College Criteria LLC, d/b/a Edutrek, EdSoup, 

Our School Search, College Info and Degree Spots

Edutrek L.L.C. d/b/a EdSoup

Raymond Fitzgerald

Ian Fitzgerald

David Cumming

Assigned Attorneys: Adam Wesolowski (BCP/FP)

Mark Glassman

Patrick Roy

William Joseph Hodor

Alleged Conduct: Violations of the Telemarketing Sales Rule in connection with unsolicited 

calls about educational programs to consumers who submitted their 

contact information to websites promising help with job searches, public 

benefits, and other unrelated programs.

Status: Complaint filed 3/22/19.

Status hearing held 6/10/19.

Order striking two of defendants’ affirmative defenses entered 2/28/20.

FTC’s motion for summary judgment filed 8/2/21; Defendants’ cross-
61

motions for summary judgment and oppositions to FTC's motion

filed 10/1/21; amended cross-motions and oppositions filed 

10/8/21; FTC reply in support of its motion and opposition to 

cross-motions filed 12/10/21; Defendants’ replies in support of 

their cross-motions for summary judgment filed 1/5/22 and 1/7/22.

Notice of death of Defendant David Cumming filed 2/25/22; FTC motion 

to substitute personal representative of Cumming’s estate filed 

4/5/22; personal representative’s opposition filed 5/26/22; FTC’s 

reply in support of motion to substitute filed 6/3/22.

Order reassigning case to Honorable Lindsay C. Jenkins 2/27/23.

Joint status report filed 5/24/23.

UNITED STATES v. EASY HEALTHCARE CORP., No. 1:23-cv-3107 (N.D. Ill.)

Parties: Easy Healthcare Corporation

Assigned Attorneys: Rachel Baron (DOJ)

Alleged Conduct: Violations of Section 5 of the FTC Act in relation to sharing of users’ 

private information with third parties, disclosing of users’ sensitive health 

data, and failure to notify consumers of these unauthorized disclosures.

Status: Complaint filed 5/17/23.

Stipulated order for permanent injunction, civil penalty judgment, and 

other relief entered 6/22/23.

UNITED STATES v. EDMODO, LLC, No. 3:23-cv-2495 (N.D. Cal.)

Parties: Edmodo, LLC

Assigned Attorneys: James Thomas Nelson (DOJ)

Vivian Wang

Alleged Conduct: Violations of Section 5 of the FTC Act and the Children’s 

Online Privacy Protection Act in relation to unauthorized collection of 

personal information from children under the age of 13 without prior 

parental consent and the use of that unauthorized personal data for 

advertising.

Status: Complaint filed 5/22/23.

Stipulated order for permanent injunction and civil penalty judgment 

entered 6/27/23.

FTC v. ELITE IT PARTNERS, No. 23-4009 (10th Cir.); No. 2:19-cv-00125 (D. Utah)

Parties: Elite IT Partners d/b/a Elite IT Home 
62

James Michael Martinos 

Assigned Attorneys: Amanda R. Grier (BCP/MP) 

Colleen Robbins 

Elsie Kappler 

Michael Bergman (OGC)

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act, the 

Telemarketing Sale Rule, and Section 4 of the Restore Online Shoppers’ 

Confidence Act in connection with computer technical support scheme. 

Status: Complaint filed 2/25/19. 

TRO entered 2/26/19. 

Preliminary injunction entered 5/6/19.

Stipulated order for Permanent injunction and monetary judgement 

entered 12/9/19.

Defendants’ motion to vacate monetary judgment in light of AMG filed 

3/17/22; FTC opposition filed 4/14/22; defendants’ reply filed 

5/12/22; order denying motion to vacate entered 1/23/23.

Notice of appeal filed 1/26/23.

Defendants’ opening brief filed 4/28/23; FTC’s answering brief filed 

6/30/23.

UNITED STATES v. EPIC GAMES, No. 5:22-cv-518 (E.D.N.C.)

Parties: Epic Games, Inc. 

Assigned Attorneys: Michael Wadden (DOJ/CPB)

Andrew Hasty (BC/DPIP)

James Trilling

Amanda Koulousias

Alleged Conduct: Deceptive acts or practices in violation of Section 5 of the FTC Act and 

the Children’s Online Privacy Protection Act (“COPPA”) in connection 

with collection of personal information from children under 13 who 

played Fortnite and use of dark patterns to dupe players into making 

unintentional purchases.

Status: Complaint filed 12/19/22.

Consent motion for entry of stipulated order for permanent injunction and 

civil penalty judgment filed 12/19/22.

Stipulated order for permanent injunction and civil penalty judgment 

entered 2/07/23.
63 

UNITED STATES v. ERIC ANTHONY NEPUTE, No. 4:21-cv-00437 (E.D. Mo.) 

Parties: Eric Anthony Nepute 

Quickwork LLC d/b/a Wellness Warrior 

Assigned Attorneys: Ben Cornfeld (DOJ/CPB) 

Brandon Robers 

Zachary Cowan

Kristin Williams (BCP/AP)

Alleged Conduct: Violations of the COVID-19 Consumer Protection Act, and Sections 5 and 

12 of the FTC Act, in connection with false or unsubstantiated claims that 

dietary supplements containing vitamin D and zinc treat or prevent 

COVID-19 and are as good or better than available COVID-19 vaccines at 

treating or preventing the virus. 

Status: Complaint filed 4/15/21. 

Stipulated preliminary injunction entered 5/5/21. 

Defendant Nepute’s motion to dismiss and motion for sanctions filed 

6/3/21; United States’ opposition filed 6/17/21; Defendant 

Quickwork’s partial joinder of Nepute’s motion to dismiss filed 

6/18/21; Defendant Nepute reply filed 6/28/21; Defendant 

Quickwork’s partial joinder of Nepute’s reply filed 6/28/21. 

Motion to dismiss denied 12/8/21. 

United States’ motion for contempt filed 3/4/22; oppositions by Nepute 

and Quickwork filed 4/1/22; United States’ reply filed 4/15/22. 

United States’ motion for partial summary judgment filed 9/2/22; 

opposition by Nepute filed 11/20/22; reply filed 11/23/22. 

Defendants’ motion for partial summary judgment filed 9/2/22; opposition 

filed 11/9/22; reply by Nepute filed 11/23/22. 

Stipulated order for permanent injunction and civil penalty judgment as to 

Quickwork entered 11/14/22. 

Show cause hearing held 12/19/22. 

Stipulated order resolving United States’ motion for civil contempt 

entered 1/19/23. 

FTC v. FINANCIAL EDUCATION SERVICES, No. 2:22-cv-11120 (E.D. Mich.) 

Parties: Financial Education Services, Inc.

United Wealth Services, Inc.

VR-Tech LLC

VR-Tech MGT LLC

CM Rent Inc.

Youth Financial Literacy Foundation 

Parimal Naik

Michael Toloff 

Christopher Toloff 
64 

Gerald Thompson 

LK Commercial Lending LLC

Statewide Commercial Lending LLC

Gayle L Toloff 

 

Assigned Attorneys: Gregory Ashe (BCP/FP)

 Michelle Grajales

Julia Heald

Michael Goldstein

 

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act, the 

Credit Repair Organizations Act, and the Telemarketing Sales Rule in

connection with the marketing, offering, and collecting of credit repair

services and investment opportunities. 

 

Status: Complaint filed 5/23/22. 

Ex parte TRO entered 5/24/22. 

 Oral argument held 6/30/22; Court’s ruling denying motion for 

 preliminary injunction, vacating TRO, and converting receivership 

 to monitorship announced from the bench 6/30/22. 

Order denying preliminary injunction, vacating TRO, and converting 

receivership to monitorship entered 7/18/22. 

Motion to dismiss by Defendants VR-Tech MGT, CM Rent, Michael 

Toloff, and Christopher Toloff filed 7/25/22; FTC opposition filed 

 8/8/22; Defendants’ reply filed 8/22/22. 

Order denying Toloff Defendants’ motion to dismiss entered 2/13/23 

First amended complaint filed 3/27/23. 

Motion to dismiss by Defendant Gerald Thompson filed 4/10/23; FTC

opposition filed 5/1/23; Defendant’s reply filed 5/8/23. 

UNITED STATES OF AMERICA v. FACEBOOK INC, No. 1:19-cv-2184 (D.D.C.) 

Parties: Facebook, Inc.

Assigned Attorneys: Katherine Ho (DOJ)

 Patrick Runkle 

 Zachary Cowan

 Jason Lee

 Lisa Hsiao

Nature of Action: Action seeking civil penalties, an injunction, and other equitable relief for 

 Facebook’s violation of a 2012 order for violated Section 5(a) of the FTC 

 Act.

Status: Complaint filed 7/24/19. 
65

Stipulated order for payment of civil penalty and modification by FTC of 

2012 administrative order entered 4/23/20.

Facebook motion to enjoin FTC proceeding to modify 2020 administrative 

order filed 5/31/23.

UNITED STATES v. GOODRX HOLDINGS, LLC., No. 4:23-cv-460 (N.D. Cal.)

Parties: GoodRx Holdings, Inc. 

Assigned Attorneys: Sarah Williams (DOJ/CIV)

Sharanya Mohan

Nature of Action: Violations of the Health Breach Notification Rule in connection with 

GoodRx Holdings, Inc.’s failure to notify consumers and others of its 

unauthorized disclosures of consumers’ personal health information to 

Facebook, Google, and other companies.

Status: Complaint filed 2/1/23.

Stipulated order for permanent injunction, civil penalty judgment, and 

other relief entered 2/17/23.

FTC v. GRAVITY DEFYER MEDICAL TECHNOLOGY CORP., No. 1:22-cv-1464 (D.D.C.)

Parties: Gravity Defyer Medical Technology

Alexander Elnekaveh 

Assigned Attorneys: Maria Del Monaco (ECR)

Adrienne Jenkins 

Dana Barragate

Matthew Scheff 

Nature of Action: Violations of a 2001 Commission order and Sections 5(a) and 12 of the 

FTC Act in connection with deceptive pain-relief claims for Gravity 

Defyer footwear.

Status: Complaint filed 5/25/22.

Defendants’ motion to dismiss filed 7/25/22; FTC opposition filed 8/8/22; 

defendants’ reply filed 8/15/22.

Order consolidating FTC enforcement case with defendant’s declaratory 

judgment case, No. 1:22-cv-1157 (lead case), entered 8/2/22.

Defendants’ renewed motion to dismiss filed 4/7/23; FTC opposition filed 

4/21/23; defendants’ reply filed 4/28/23.
66

FTC v. MATCH GROUP, INC., No. 3:19-cv-02281 (N.D. Texas)

Parties: Match Group, Inc.

Match Group, LLC, f/k/a Match,com, LLC

Assigned Attorneys: Reid Tepfer (SWR)

Jason Moon

Hasan Aijaz

Sarah Zuckerman

Jack O’Gorman

Erica Hilliard

Nicole Conte

Alleged Conduct: Deceptive and unfair acts and practices in violation of Section 5(a) of the 

FTC Act and Restore Online Shoppers’ Confidence Act in connection 

with the defendant’s online dating service.

Status: Complaint filed 9/25/19.

Defendant’s motion to dismiss for failure to state a claim filed 10/17/19; 

Commission’s response filed 11/5/19; defendant’s reply filed 

11/19/19.

Order staying case pending a ruling on Match Group’s motion to dismiss 

entered 4/22/20.

Order staying case pending Supreme Court decision in FTC v. Credit 

Bureau Center entered 10/9/20.

Joint status report on the effects of AMG filed 6/7/21.

Order asking for FTC brief clarifying “equitable relief” that is sought for 

Counts I and II in the complaint entered 12/16/21.

FTC brief clarifying equitable relief sought filed 12/27/21.

Order denying in part and granting in part motion to dismiss entered 

3/24/22.

Amended complaint filed 7/19/22.

Motion to dismiss by Match Group LLC filed 8/12/22; FTC response file 

8/23; order granting as to Counts 1 and 2 entered 8/24/22.

UNITED STATES v. MICROSOFT CORP., No. 2:23-cv-836 (W.D. Wash.)

Parties: Microsoft Corporation

Assigned Attorneys: James Nelson (DOJ)

Rebecca Cohen

Katherine Ho

Alleged Conduct: Violations of Section 5 of the FTC Act and the Children’s Online Privacy 

Protection Act (“COPPA”) in connection with unauthorized collection and 

disclosure of personal information from children under the age of 13 
67 

without parental notification and consent, and without compliance with 

COPPA requirements.

Status: Complaint filed 6/5/23. 

Stipulated order for permanent injunction, civil penalty judgment, and 

other relief entered 6/9/23. 

UNITED STATES v. NEXWAY SASU, No. 1:23-cv-900 (D.D.C.) 

Parties: Nexway Sasu

 Nexway Group AG 

 Asknet Solutions AG 

 Nexway, Inc.

 Asknet, Inc

 Victor Iezuitov

 Casey Potenzone 

Assigned Attorneys: Claude F. Scott, Jr. (DOJ/CIV) 

Alleged Conduct: Violations of Section 5 of the FTC Act and the Telemarketing Sales Rule 

 in connection with the company, CEO and chief strategy officer’s 

 facilitation of tech scams through credit card laundering. 

Status: Complaint filed 4/3/23. 

 Stipulated order for permanent injunction, monetary judgment, and other 

 relief entered 4/13/23. 

FTC v. PRECISION PATIENT OUTCOMES, INC., No. 3:22-cv-07307-AGT (N.D. Cal.)

 

Parties: Precision Patient Outcomes, Inc.

 Margrett Priest Lewis

Assigned Attorneys: Abdiel Lewis (BCP/WRSF)

 Evan Rose 

 Michael Naranjo

 

Alleged Conduct: Violations of Section 5 of the FTC Act and the COVID-19 Consumer 

Protection Act in connection with false or unsubstantiated claims that 

dietary supplement could treat or prevent COVID-19 or increase the 

efficacy of vaccines.

 

Status: Complaint filed 11/18/22. 

 First amended complaint filed 1/13/23. 

Defendants’ motion to dismiss filed 2/3/23; FTC’s response filed 2/17/23; 

defendant’s reply filed 2/24/23; FTC’s sur-reply filed 3/3/23. 

Order denying Defendants’ motion to dismiss entered 5/3/23. 
68

FTC motion to strike affirmative defenses filed 6/7/23; defendants’ 

opposition filed 6/21/23; FTC’s reply filed 6/21/23.

FTC v. RCG ADVANCES LLC, No. 1:20-cv-04432 (S.D.N.Y.)

Parties: RCG Advances, LLC, f/k/a Richmond Capital Group LLC, d/b/a Viceroy 

Capital Funding and Ram Capital Funding

Ram Capital Funding LLC

Robert L. Giardina

Tzvi Reich

Jonathan Braun

Assigned Attorneys: Gregory Ashe (BCP/FP)

Julia Heald

Elizabeth Kwok

Alleged Conduct: Unfair and deceptive acts or practices in violation of Section 5(a) of the 

FTC Act and the Gramm-Leach-Bliley Act in connection with the 

marketing, offering, and collecting of small business financing.

Status: Complaint filed 6/10/20.

Ram Capital Funding, LLC and Tzvi Reich’s motion to dismiss filed 

8/10/20; motion denied 8/13/20.

Robert L. Giardina’s motion to dismiss filed 8/21/20; motion denied 

10/30/20.

First amended complaint for civil penalties, permanent injunction, 

monetary relief, and other relief filed 6/10/21.

FTC motion to strike affirmative defenses filed 7/8/21; Defendants’ 

opposition filed 8/6/21; court denied motion 8/18/21.

Order granting consent motion to stay case for 120 days to consider 

settlement agreement as to Defendants Ram Capital Funding LLC 

and Tzvi Reich entered 10/5/21.

Stipulated motion to stay case to consider settlement as to Defendants 

Ram Capital Funding LLC and Tzvi Reich filed 10/5/21.

Stipulated permanent injunction and monetary judgment as to Defendants 

Ram Capital Funding LLC and Tzvi Reich entered 1/4/22.

Stipulated motion to stay case to consider settlement as to Defendants 

RCG Advances and Robert Giardina filed 4/6/22.

FTC motion for summary judgment against Defendant Jonathan Braun 

filed 4/8/22; Braun opposition filed 5/15/22; FTC reply filed 

6/3/22.

Stipulated permanent injunction and monetary judgment as to Defendants 

RCG Advances and Robert Giardina entered 6/2/22.

Order terminating FTC’s motion for summary judgment against Defendant 

Jonathan Braun entered 11/29/22.
69

FTC v. ROMERO, No. 5:21-cv-343 (M.D. Fla.)

Parties: Frank Romero d/b/a Trend Deploy

Assigned Attorneys: Michael Mora (BCP/ENF)

Christopher Erickson

Alleged Conduct: Violations of Sections 5(a) and 12 of the FTC Act, the Mail Order Rule, 

and the COVID-19 Consumer Protection Act in connection with the 

marketing and sale of personal protective equipment during the COVID19 pandemic.

Status: Complaint filed 6/29/21.

Motion to dismiss complaint by Frank Romero filed 8/30/21; FTC 

opposition filed 9/20/21; Romero’s reply filed 10/19/21; motion 

denied 6/29/22.

Motion to stay by Frank Romero 3/04/22; FTC’s opposition filed 3/18/22; 

order denying defendants’ motion to stay entered 4/26/22.

Commission motion for summary judgment filed 9/02/22; defendant’s 

opposition filed 10/7/22; FTC reply filed 10/28/22.

Commission’s motion for summary judgment granted 2/27/23.

Commission’s proposed injunction, proposed judgment for monetary 

relief, and proposed civil penalty judgment filed 3/23/23.

Final judgment and order for permanent injunction entered 5/15/23.

UNITED STATES v. STRATICS NETWORKS INC., No. 3:23-cv-313 (S.D. Cal.)

Parties: Stratics Networks, Inc.

Netlatitude, Inc.

Atlas Investment Ventures LLC

Tek Ventures, LLC

ACE Business Solutions LLC

Atlas Marketing Partners, Inc.

Eric Petersen 

Todd Diroberto

Sandra Barnes

Assigned Attorneys: Daniel Crane-Hirsch (DOJ/CPB)

Matthew Robinson

Zachary Dietert

Alleged Conduct: Violations of Section 5 of the FTC Act and Section 6 of the Telemarketing 

and Consumer Fraud and Abuse Prevention Act in relation to use of 

technology to initiate outbound robocalls to consumers’ phones to illegally 

telemarket various goods and services.
70

Status: Complaint filed 2/16/23.

Stipulated order for permanent injunction, monetary judgment, and other 

relief as to defendants Kasm and Kenan Azzeh entered 2/23/23.

Defendants’ motions to dismiss filed 6/7/23, 6/8/23, and 6/20/23.

Stipulated order for permanent injunction, monetary judgment, and other 

relief as to defendants Netlatitude and Kurt Hannigan entered

6/16/23.

UNITED STATES v. TURBO SOLUTIONS INC., 4:22-mc-369 (S.D. Tex.)

Parties: Turbo Solutions Inc., f/k/a Alex Miller Financial Services Inc., d/b/a Alex 

Miller Credit Repair

Alexander V. Miller 

Assigned Attorneys: Daniel Hu (DOJ)

Marcus Smith 

Stephen Tosini

Gregory Ashe (BCP/FP)

Alleged Conduct: Deceptive acts or practices in violation of Section 5(a) of the FTC Act, the 

Telemarketing Sales Rule (TSR), and the Credit Repair Organization Act 

(“CROA”) for inducing consumers to purchase the defendants’ credit 

repair services.

Status: Complaint filed 3/1/22.

Ex parte TRO entered 3/4/22.

Preliminary injunction entered 3/18/22.

Motion to dismiss by defendants filed 5/15/22; United States opposition 

filed 6/6/22; reply filed 6/16/22.

Order denying motion to dismiss entered 1/3/23.

FTC v. WALMART, No. 1:22-cv-03372 (D.D.C)

Parties: Walmart Inc.

Assigned Attorneys: Karen Dodge (MWR)

Matthew Schiltz

Rachel Sifuentes

Alleged conduct: Violations of Section 5(a) of the FTC Act, the Telemarketing Sales Rule

(TSR), and the Telemarketing Sales Act for allowing its money transfer 

services to be used fraudulently and consequently deceive consumers out 

of hundreds of millions of dollars.

Status: Complaint filed 6/28/22.

Walmart’s motion to dismiss for failure to state a claim filed 8/29/22; 

FTC’s opposition filed 10/05/22; Walmart’s reply filed 10/28/22.
71

Order granting in part and denying in part Walmart’s motion to dismiss 

entered 3/27/23.

Walmart’s motion to certify interlocutory appeal filed 4/12/23; FTC’s 

opposition filed 5/8/23; Walmart’s reply filed 5/18/23.

FTC amended complaint filed 6/30/23. 

FTC v. WEALTHPRESS HOLDINGS LLC, No. 3:23-cv-00046 (M.D. Fla.)

Parties: Wealthpress Holdings LLC

InvestPub LLC

Conor Lynch

Roger Scott

Assigned Attorneys: Andrew Hudson (BCP/MP)

Ryan McAuliffe

Alleged Conduct: Violations of Section 5 of the FTC Act and the Restore Online Shoppers’ 

Confidence Act in connection to deception of consumers to spend 

exorbitant amounts of money to purchase Defendants’ services, often with 

unsubstantiated claims about purported benefits of such services.

Status: Complaint filed 1/12/23.

Stipulated order for permanent injunction, monetary judgment, civil 

penalty judgment, and other relief entered 3/28/23. 

UNITED STATES v. XCAST LABS, No. 2:23-cv-3646 (C.D. Cal.)

Parties: XCast Labs, Inc.

Assigned Attorneys: Zachary Dietert (DOJ/CPB)

Alleged Conduct: Violations of Section 5of the FTC Act and the Telemarketing and 

Consumer Fraud and Abuse Prevention Act in connection with the 

delivering of billions of illegal robocalls to American consumers. 

Status: Complaint filed 5/12/23. 

 

UNITED STATES v. XLEAR, INC., No. 2:21-cv-00640-RJS (D. Utah)

Parties: Xlear, Inc.

Nathan Jones

Assigned Attorneys: Noah Katzen (DOJ/CPB)

Alison Crovetto

Keith Fentonmiller (BCP/AP)

Courtney Estep
72 

Alleged Conduct: Violations of the COVID-19 Consumer Protection Act and Sections 5 and 

12 of the FTC Act in connection with false or unsubstantiated claims that 

Xlear nasal spray treats or prevents COVID-19. 

Status: Complaint filed 10/28/21 

(B) Competition

(None Pending) 

SUBPOENA AND CID ENFORCEMENT PROCEEDINGS

FTC v. ACIA17 AUTOMOTIVE, INC. et al, No. 1:23-cv-2500 (N.D. Ill.) 

Parties: ACIA17 Automotive, Inc.

 ACIA ACQ Corp.

Assigned Attorneys: James Davis (MWR)

 Rachel Granetz

 Rachel Sifuentes

 

Alleged Conduct: Petition to enforce a CID.

 

Status: Petition filed 4/20/23. 

FTC v. BACHI.TECH CORP., No. 2:22-6463 (D.N.J.) 

Parties: Bachi.Tech Corporation 

 Spread Technologies LLC 

Assigned Attorneys: Larkin Turner (BCP/ FP)

 Michael Tankersley

Alleged Conduct: Petition to enforce a CID. 

Status: Petition filed 11/4/22. 

 Respondents’ response to petition filed 12/5/22. 

 Order directing parties to meet and confer entered 12/27/23. 

 Joint status report filed 2/17/23. 

 Commission’s reply in support of motion for order to show cause filed 

 2/8/23. 

 Telephonic conference held 3/8/23 and 4/14/23. 

 Order directing parties to meet and confer entered 4/14/23. 
73

Joint status reports filed 5/8/23, 5/24/23, and 6/28/23.

Order terminating motion for order to show cause without prejudice to its 

renewal if meet and confer efforts prove unsuccessful entered 

6/29/23.

FTC v. MATCH GROUP INC., No. 1:22-mc-00054 (D.D.C.)

Parties: Match Group, Inc.

Assigned Attorneys: Sarah Choi (BCP/DPIP)

Alejandro Rosenberg

Michele Arington (OGC)

Alleged Conduct: Petition to enforce a CID.

Status: Petition filed 5/26/22.

Match emergency motion to temporarily seal record filed 6/2/22; FTC 

opposition filed 6/7/22.

Emergency motion to temporarily seal record denied and show cause order 

entered 6/8/22.

Match primary motion to seal filed 6/21/22; FTC opposition filed 7/5/22; 

Match reply filed 7/12/22.

Match opposition to petition filed 7/8/22; FTC reply filed 7/18/22

Match motion for limited discovery regarding FTC’s abuse of process and 

to supplement the record filed on 7/20/22; FTC opposition filed 

8/3/22; Match reply filed 8/22/22.

Order denying Match’s motions to seal and motion for limited discovery 

entered 5/1/23.

FTC v. POP VAPOR CO. LLC, No. 1:23-mc-22 (D.D.C.)

Parties: Pop Vapor Co., LLC

Assigned Attorneys: Burke Kappler (OGC)

Alleged Conduct: Petition to enforce a CID.

Status: Petition filed 3/8/23.

FTC’s notice of voluntary dismissal due to respondent’s compliance filed

3/29/23.

FTC v. THE STRATICS GROUP INC., No. 0:21-cv-61250 (S.D. Fla.)

Parties: The Stratics Group, Inc.

Assigned Attorneys: Suzanne Barth (BCP/MP)
74 

Christopher Brown 

Nature of Action: Petition to enforce a CID. 

Status: Petition filed 6/15/21. 

Stratics motion for leave to file response to petition filed 7/06/21; FTC 

opposition filed 7/07/21; Stratics reply filed 7/12/21. 

 Telephonic hearing held 11/30/21. 

FTC request for clarification of oral ruling filed 12/16/21. 

Stratics response and motion for summary judgment filed 12/23/21; FTC 

response filed 1/03/22; Stratics reply filed 1/10/22. 

Order denying as moot Stratics motion for leave to file a response to FTC 

petition entered 3/23/22. 

Order denying Stratics motion for summary judgment as procedurally 

improper, directing filing of joint status report, entered 9/8/22 

Status reports filed 10/7/22. 

Hearing held 12/15/22; order from the bench that Stratics has 30 days to 

comply with the CIDs. 

Order to show cause entered 12/16/22. 

Stratics response to petition filed 1/17/23. 

FTC status report and recommending that case be administratively closed 

filed 1/31/23. 

Order dismissing case without prejudice entered 1/31/23. 

 

SUITS TO ENJOIN FTC ACTION AND OTHER DEFENSIVE LITIGATION

 

ALDABE v. UNITED STATES OF AMERICA, No. 22-2250 (4th Cir.); No. 1:21-cv-803 (D. 

Md.) 

Parties: Fermin Aldabe 

Assigned Attorneys: Kimberly Phillips (AUSA) 

Mariel Goetz (OGC)

Nature of Action: Action seeking a judicial declaration that the Commission exceeded its 

authority in its litigation against Atlantic International Bank. Ltd., causing 

negligent personal injury to a non-party consumer. 

Status: Complaint filed 3/30/21. 

Motion to substitute United States for FTC Defendants filed 5/3/21; 

Plaintiff’s cross motion to stay motion to substitute filed 5/24/21; 

United States’ reply filed 6/7/21. 

Order granting motion to substitute United States entered 3/30/22. 

Motion to dismiss by United States filed 4/19/22. 

Order granting United States’ motion to dismiss entered 11/03/22. 
75 

Notice of appeal filed 12/02/22. 

Appellant’s informal opening brief filed 12/30/23; United States’ informal 

response brief filed 1/9/23. 

AMERICANS FOR PROSPERITY FOUNDATION v. FTC, No. 1:21-cv-03207 (D.D.C)

Parties: Americans for Prosperity Foundation 

Assigned Attorneys: Anna Walker (AUSA)

Michele Arington (OGC) 

Nature of Action: Action seeking records under the Freedom of Information Act. 

Status: Complaint filed 12/8/21. 

FTC answer filed 2/9/22. 

Order directing parties to file a joint status report and proposed schedule 

for proceeding entered 2/10/22. 

Joint status report with proposed schedule filed and order adopting 

schedule entered 3/10/22. 

Joint status reports filed 5/9/22, 7/8/22, 9/6/22,11/7/22, 1/6/23, 3/3/23, 

4/7/23, and 6/6/23. 

ASHE v. HARGRAVE et al, No. 3:23-cv-41 (M.D. Fla.) 

Parties: Michael Ashe (Plaintiff)

 Sheri Ashe 

Assigned Attorneys: Matt Hoffman (OGC)

 Robin Rock (SER) 

Nature of Action: Action seeking to prevent the FTC from enforcing a $14 million lien on 

 property sold to Kevin and Tiffany Hargrave. 

Status: Complaint filed 1/11/23. 

FTC motion to dismiss for failure to state a claim filed 3/15/23; Ashe 

response filed 3/29/23. 

Amended complaint filed 3/29/23, 

FTC motion to dismiss amended complaint filed 4/7/23; Ashe opposition 

filed 4/18/23; FTC reply filed 5/8/23. 

AXON ENTERPRISE INCORPORATED v. FTC, No. 21-86 (S. Ct.), No. 20-15662 (9th Cir.); 

No. 2:20-cv-00014 (D. Ariz.) 

Parties: Axon Enterprise Inc. 

Assigned Attorneys: Bradley Craigmyle (DOJ/FPB) 
76

Chetan Patil 

Rebecca Cutri-Kohart 

Mariel Goetz (OGC)

Imad Abyad

Nature of Action: Action seeking a judicial declaration that the Commission does not have 

the authority to scrutinize plaintiffs’ business affairs and that the 

appropriate forum to adjudicate legality of plaintiffs’ acquisition is in an 

Article III court.

Status: Complaint filed 1/3/20.

Motion for preliminary injunction and supporting memorandum of points 

and authorities by plaintiff entered 1/9/20; Commission’s 

opposition filed 1/23/20; plaintiff’s reply filed 1/30/20.

Telephonic hearing held 4/1/20.

Order dismissing complaint without prejudice due to a lack of subject 

matter jurisdiction entered 4/8/20.

Notice of appeal filed 4/13/20.

Axon’s opening brief filed 5/1/20; Commission’s answering brief filed 

6/1/20; Axon’s reply brief filed 6/15/20.

Oral argument by video held 7/17/20.Axon emergency motion to enjoin 

FTC administrative trial filed 9/29/20; Commission’s opposition 

filed 10/2/20.

Ninth Circuit order staying FTC administrative trial pending appeal 

entered 10/2/20.

Opinion affirming the dismissal of Axon’s complaint entered 1/28/21.

Axon petition for rehearing en banc filed 3/15/21; petition denied 4/15/21.

Axon motion to stay mandate to file writ of certiorari filed 4/15/21; 

Commission opposition filed 4/19/21; motion granted 4/21/21.

Axon petition for writ of certiorari filed 7/20/21; Commission opposition 

filed 9/22/21; Axon’s reply filed 10/6/21; Axon’s supplemental 

brief filed 12/20/21.

Certiorari granted 1/24/22.

Axon’s merits brief filed 5/9/22; Commission’s response brief filed 

8/8/2022; Axon’s reply brief filed 9/7/2022.

Oral argument held 11/7/2022.

Opinion reversing and remanding to the district court for further 

proceedings entered 4/14/23.

Order by district court staying the case for 60 days entered 6/9/23.

BLOOMBERG L.P. v. FTC, 1:22-cv-03309 (D.D.C.)

Parties: Bloomberg L.P.

Assigned Attorneys: John Moustakas (AUSA)

Mariel Goetz (OGC)
77

Alleged Conduct: Action seeking records under the Freedom of Information Act.

Status: Complaint filed 10/28/22.

FTC Answer field 12/7/22.

Joint status report proposing briefing schedule filed 12/20/22.

FTC’s motion for summary judgment filed 3/8/23; Bloomberg’s 

opposition and cross-motion for summary judgment filed 5/12/23.

CHAMBER OF COMMERCE v. FTC, No. 1:22-cv-02070 (D.D.C.)

Parties: Chamber of Commerce of the United States of America

Assigned Attorneys: Douglas Dreier (AUSA)

Brad Grossman (OGC)

Alleged Conduct: Action seeking records under the Freedom of Information Act.

Status: Complaint filed 7/14/22.

FTC Answer filed 9/21/22.

Joint status reports filed 10/6/22, 12/7/22, 4/14/23, and 6/15/23.

CHILDHOOD LEUKEMIA FOUNDATION v. FTC, No. 3:23-cv-3034 (D.N.J.)

Parties: Childhood Leukemia Foundation, Inc.

Assigned Attorneys: Oliver McDonald (DOJ/CIV)

Kimberly Ruthsatz Stephens 

Nature of Action: Action for declaratory injunctive relief challenging FTC’s authority to 

investigate deceptive fundraising activities by purported non-profit.

Status: Complaint filed 6/2/23.

FEDOROVA v. BANK OF AMERICA N.A. et al, No. 1:22-cv-3486 (N.D. Ill.)

Parties: Elena Fedorova

Assigned Attorneys: Mariel Goetz (OGC)

Nature of Action: Action seeking declaratory and injunctive relief for government agencies’ 

alleged failure to investigate conduct complained about by plaintiff.

Status: Complaint filed 7/6/22.

Memorandum opinion terminating case for failure to state a claim entered 

3/28/23.
78

FUNCTIONAL GOVERNMENT INITIATIVE v. FTC, No. 1:22-cv-1614 (D.D.C.)

Parties: Functional Government Initiative

Assigned Attorneys: Stephanie Johnson (DOJ)

Burke Kappler (OGC)

Nature of Action: Action seeking records regarding oil and gas under the Freedom of 

Information Act.

Status: Complaint filed 6/7/22.

FTC Answer filed 8/21/22.

Joint status reports filed 9/6/22, 10/13/22, 1/17/23, 4/14/23, and 6/2/23.

FUNCTIONAL GOVERNMENT INITIATIVE v. FTC, No. 1:22-cv-03273-CKK (D.D.C.) 

Parties: Functional Government Initiative

Assigned Attorneys: Dedra S. Curteman (AUSA)

Michael Bergman (OGC)

Kristin B. Hill

Nature of Action: Action seeking records regarding infant formula under the Freedom of 

Information Act.

Status: Complaint filed 10/26/22.

FTC answer filed 1/6/23.

Joint status reports filed 2/24/23, 3/24/23, 4/24/23, 5/23/23, and 6/23/23.

FUNCTIONAL GOVERNMENT INITIATIVE v. FTC, No. 1:23-cv-403 (D.D.C.) 

Parties: Functional Government Initiative

Assigned Attorneys: Benton Peterson (AUSA)

Michele Arington (OGC)

Nature of Action: Action seeking records regarding meat and poultry under the Freedom of 

Information Act.

Status: Complaint filed 2/13/23.

FTC answer filed 5/3/23.

Joint status reports filed 5/17/23 and 6/03/23.

GRAVITY DEFYER MEDICAL TECHNOLOGY CORP. v. FTC, No. 1:22-cv-1157 (D.D.C.)

Parties: Gravity Defyer Medical Technology Corp.
79 

 Alexander Elnekaveh

Assigned Attorneys: James Harlow (DOJ)

 Noah Katzen

 Adrienne Jenkins (ECR) 

 Maria Ann Del Monaco

 Matthew Scheff

Mariel Goetz (OGC)

Nature of Action: Action seeking declaratory judgment that FTC’s prospective civil penalty 

action against Gravity Defyer would violate the First Amendment. 

Status: Complaint filed 4/26/22; amended complaint filed 7/22/22. 

Order consolidating defensive action (lead case) with FTC enforcement 

action, No. 22-cv-1464, entered 8/2/22. 

Commission motion to dismiss for failure to state a claim filed 8/16/22; 

opposition filed 8/30/22; reply FTC filed 9/16/22. 

Order granting motion to dismiss for failure to state a claim entered 

3/20/23. 

GULF COAST RACING LLC v. HORSERACING INTEGRITY AND SAFETY AUTHORITY 

Nos. 5:23-cv-77; 2:22-cv-00146, (N.D. Tex.)

Parties: Gulf Coast Racing LLC 

 LRP Group Ltd 

 Valle de Los Tesoros Ltd

 Global Gaming LSP LLC 

 Texas Horsemen’s Partnership LLP

Assigned Attorneys: Alexander Sverdlov (DOJ) 

 Stephen Ehrilich 

Mariel Goetz (OGC)

 

Alleged Conduct: Action seeking a temporary restraining order and a preliminary injunction 

against the Commission and the Horseracing Integrity and Safety 

Authority to prevent the enforcement of the horseracing rules approved by 

the Commission. 

Status: Complaint filed 7/29/22. 

Motion to intervene by the State of Texas and Texas Racing Commission 

filed 9/7/22; FTC’s opposition filed 9/28/22; reply filed 10/12/22; 

motion to intervene denied 10/21/22. 

Plaintiffs’ motion for summary judgment filed 11/21/22; FTC’s crossmotion for summary judgment filed 3/6/23. 

Motion for TRO and preliminary injunction by Global Gaming LSP LLC 

filed 4/05/23; FTC opposition filed 4/7/23; reply filed 4/8/23. 
80

Order denying TRO and reserving judgment on motion for preliminary 

injunction entered 4/10/23.

Order consolidating with lead case 5:21-cv-00071 and administratively 

closing member case entered 4/11/23 (see National Horsemen’s 

Benevolent and Protective Association v. Black for further 

developments).

KOCHAVA, INC. v. FTC, 2:22-cv-349 (D. Idaho)

Parties: Kochava, Inc.

Assigned Attorneys: James Harlow (DOJ)

Kate Talmor

Michael Andrew Zee

Mariel Goetz (OGC)

Alleged Conduct: Suit for declaratory and injunctive relief in anticipation of being targeted 

by the FTC for a potential civil enforcement action.

Status: Complaint filed 8/12/22

FTC motion to dismiss filed 1/3/23; Kochava response filed 1/24/23; FTC 

reply filed 2/6/23.

Memorandum and order granting motion to dismiss entered 5/3/23.

LABMD, INC., v. FTC and DAUGHERTY v. FTC, Nos. 1:21-cv-3525, No. 1:21-cv-3526

(N.D. Ga.)

Parties: LabMD, Inc.

Michael J. Daugherty

Assigned Attorneys: Aaron Joshua Ross (AUSA)

Burke Kappler (OGC)

Nature of Action: Suit for damages under the Federal Tort Claims Act, alleging that the FTC 

was negligent in investigating and litigating its data security case against 

LabMD.

Status: Complaints filed 8/25/21.

Amended complaints filed 11/23/21.

Commission’s motion to dismiss filed 3/5/22; plaintiff’s response to 

motion filed 5/23/22; Commission’s reply filed 6/21/22.

Motion to dismiss granted 3/2/23.

Notice of appeal filed 4/26/23.

Appellants’ opening briefs due 7/5/23.
81 

LOUISIANA v. HORSERACING INTEGRITY & SAFETY AUTHORITY, INC., No. 22-

30458 (5th Cir.); No. 6:22-cv-01934 (W.D. La.)

Parties: State of Louisiana 

 Louisiana State Racing Commission

 Louisiana Horsemen’s Benevolent & Protective Association

 Louisiana Thoroughbred Breeders Association

 Jockeys Guild 

 State of West Virginia

 West Virginia Racing Commission

 Bernard Chatters

 Edward Fenasci

 Larry Findley, Sr. 

 Warren Harang

 Gerard Melancon 

Assigned Attorneys: Alexander Sverdlov (DOJ) 

Mariel Goetz (OGC)

Nature of Action: Action seeking a temporary restraining order and a preliminary injunction 

against the Commission and the Horseracing Integrity and Safety 

Authority to prevent the enforcement of the horseracing rules approved by 

the Commission and declare them invalid under the Administrative 

Procedure Act.

Status: Complaint filed 6/30/22. 

Motion for preliminary injunction filed 6/29/22; FTC’s opposition filed 

7/15/22; Reply filed 7/22/22; order granting motion for preliminary 

injunction entered 7/26/22. 

Notice of appeal filed by the Commission filed 7/30/22. 

FTC’s motion for stay pending appeal in 5th Circuit filed 8/1/22; 

opposition filed 8/3/22; FTC reply filed 8/4/22; order granting stay 

in part and denying in part entered 8/8/22. 

FTC’s opening brief filed 8/15/22; Appellees’ brief filed 8/19/22; FTC’s 

reply brief filed 8/23/22. 

Oral argument held 8/30/22. 

Opinion remanding to the district court for further proceedings in light of 

decision in National Horsemen’s Benevolent and Protective 

Association v. Black, No. 22-10387, lifting temporary stay, entered 

11/18/22. 

Commission’s petition for panel rehearing filed 1/3/23; denied 1/31/23. 

 

LOUISIANA CHILDREN’S MEDICAL CENTER v. ATTORNEY GENERAL OF THE 

UNITED STATES et al, Nos. 2:23-cv-1305, 2:23-cv-1311 (E.D. La.) 

Parties: Louisiana Children’s Medical Center 
82

HCA Healthcare Inc.

State of Louisiana (Intervenor)

Assigned Attorneys: Yixi Cecilia Cheng (DOJ/ATR)

Michael Mikawa

Brock Darren Dupre (AUSA)

Nature of Action: Action seeking a declaratory judgment that the HSR Act does not apply to 

hospital acquisition approved by state, by virtue of state action doctrine.

Status: Complaint filed 4/19/23.

Order granting motion to intervene by the State of Louisiana entered 

5/2/23.

Order consolidating cases entered 5/9/23.

NATIONAL HORSEMEN’S BENEVOLENT AND PROTECTIVE ASSOCIATION et al v. 

BLACK, Nos. 23-10521, 23-10522, 22-10387 (5th Cir.); No. 5:21-cv-71 (N.D. Tex.)

Parties: National Horsemen’s Benevolent and Protective Association

Arizona Horsemen’s Benevolent and Protective Association

Arkansas Horsemen’s Benevolent and Protective Association

Indiana Horsemen’s Benevolent and Protective Association

Illinois Horsemen’s Benevolent and Protective Association

Louisiana Horsemen’s Benevolent and Protective Association

Mountaineer Park Horsemen’s Benevolent and Protective Association

Nebraska Horsemen’s Benevolent and Protective Association

Oklahoma Horsemen’s Benevolent and Protective Association

Oregon Horsemen’s Benevolent and Protective Association

Pennsylvania Horsemen’s Benevolent and Protective Association

Washington Horsemen’s Benevolent and Protective Association

Tampa Bay Horsemen’s Benevolent and Protective Association

Assigned Attorneys: Alexander Sverdlov (DOJ)

Brian Stoltz

Joe Busa, Jr.

Mark Stern

Mariel Goetz (OGC)

Nature of Action: Action seeking a declaratory judgment that the Horseracing Integrity and 

Safety Act (HISA) is unconstitutional and the Commission should be 

permanently enjoined from implementing and enforcing the law.

Status: Complaint filed 3/15/21.

Amended complaint filed 4/2/21.

Commission’s motion to dismiss filed 4/30/21; plaintiffs’ opposition filed 

5/28/21; Commission’s reply filed 6/18/21.
83

Oral argument held 2/16/22.

Memorandum opinion dismissing plaintiffs’ claims entered 3/31/22.

Notices of appeal filed by plaintiffs and intervenors filed 4/19/22 and

4/20/22.

Plaintiff-Appellants’ and Intervenor-Appellants’ briefs filed 6/28/22; 

Commission’s brief filed 7/27/22; Appellants’ reply filed 8/17/22.

Oral argument heard 8/30/22.

Opinion reversing district court judgment and remanding, ruling that 

HISA is facially unconstitutional under the private non-delegation 

doctrine, entered 11/18/22.

FTC’s petition for panel rehearing filed 1/03/23; denied 1/31/23.

FTC’s opposition to Gulf Coast Racing plaintiffs’ motion for summary 

judgment and cross-motion for summary judgment (from 

consolidated case 5:23-cv-077) filed 3/6/23.

Plaintiffs’ motion for injunction filed 3/8/23; plaintiffs’ emergency motion 

for preliminary injunction filed 3/27/23; FTC’s opposition filed

3/29/23; reply filed 3/30/23; order granting in part emergency 

motion for preliminary injunction entered 3/321/23.

Order consolidating case 5:23-cv-77 with lead case 5:21-cv-00071 entered 

4/11/23. 

Amended complaint and motion for preliminary injunction by Gulf Coast 

Racing plaintiffs filed 4/12/23.

Second amended complaint filed 4/14/23.

Opinion and order dismissing amended complaint entered 5/11/23.

Plaintiffs’ motion for injunction pending appeal filed 5/5/23; FTC’s 

opposition filed 5/11/23; reply filed 5/12/23; denied 5/11/23.

Notices of appeal filed 5/17/23 and 5/18/23.

Appellants’ opening briefs due 7/5/23; Commission’s brief due 8/4/23.

OFFOLTER et al v. HORSERACING INTEGRITY & AUTHORITY et al, No. 5:23-cv-280 

(W.D. Okla.)

Parties: Joe Offolter

Mike Biehler

Randy Blair

Danny Caldwell

Bryan Hawk

Michael Major

CR Trout

Scott Young

Boyd Caster

Robert Zoellner

Theresa Luneack

Kenny Nolen

Terry Westemeir

Danial Millar
84 

 Robert Burgess 

Assigned Attorneys: Mariel Goetz (OGC)

Nature of Action: Action challenging the anti-doping, medication, and racetrack safety rules. 

Status: Complaint filed 3/29/23. 

 Emergency motion for TRO by plaintiffs filed 3/30/23; withdrawn 4/3/23. 

Notice of voluntary dismissal filed 6/28/23. 

OKLAHOMA v. UNITED STATES, No. 22-5487 (6th Cir.); No. 5:21-cv-104 (W.D. Ky) 

Parties: State of Oklahoma 

Oklahoma Horse Racing Commission 

State of West Virginia 

West Virginia Racing Commission

Hanover Shoe Farms, Inc.

Oklahoma Quarter Horse Racing Association 

Tulsa County Public Facilities Authority 

Global Gaming RP, LLC 

Will Rogers Downs, LLC 

U.S. Trotting Association 

State of Louisiana 

Horseracing Integrity and Safety Authority

Leonard S. Coleman, Jr. 

Nancy M. Cox 

Assigned Attorneys: Alexander Sverdlov (DOJ) 

 Joe Busa, Jr. 

 Mark Stearn

 Mariel Goetz (OGC) 

Nature of Action: Action seeking a declaratory judgment that the Horseracing Integrity and 

Safety Act (HISA) is unconstitutional and the Commission should be 

permanently enjoined from implementing and enforcing the law. 

Status: Complaint filed 4/26/21. 

Commission’s motion to dismiss filed 8/16/21; plaintiffs’ opposition filed 

9/15/21; Commission’s reply filed 10/27/21. 

Memorandum opinion dismissing the plaintiffs’ claims entered 6/3/22. 

 Notice of appeal by plaintiffs filed 6/9/22.

Appellants’ opening brief filed 7/19/22; FTC’s corrected responding brief 

filed 9/20/22; Apellants’ reply brief filed 10/11/22. 

 Oral argument held 12/07/22. 

Court letter requesting supplemental briefing issued 12/30/22. 

Opinion affirming judgment entered 3/3/23. 
85 

Petition for rehearing en banc by Hanover Shoe Farms, Inc. and United 

States Trotting Association filed 4/17/23; Commission’s 

opposition filed 5/2/23; petition denied 5/18/23. 

WALMSLEY et al v. FTC et al, No. 3:23-cv-81 (E.D. Ark.) 

Parties: Bill Walmsley

 Jon Moss 

 Iowa Horsemen’s Benevolent and Protective Association

Assigned Attorneys: Alexander Sverdlov (DOJ-CIV)

 Joshua Newton 

 Stephen Ehrlich 

Nature of Action: Action seeking injunctive and declaratory relief against the FTC and the 

 Commission claiming that the Horseracing Integrity and 

 Safety Act (HISA) is unconstitutional and the Commission should be 

 permanently enjoined from implementing and enforcing the law.

Status: Complaint filed 4/6/23. 

Plaintiffs’ motion for preliminary injunction filed 4/11/23; FTC opposition 

filed 5/15/23; Plaintiffs’ reply filed 5/23/23.

AMICUS CURIAE BRIEFS OR PARTIAL INTERVENTIONS

CFPB v. TOWNSTONE FINANCIAL INC., No. 23-1654 (7th Cir.) 

Assigned Attorneys: James Doty (BCP/FP)

 Mariel Goetz (OGC)

Alleged Conduct: Private action challenging a district court ruling that invalidated an 

 anti-discrimination rule in the Equal Credit Opportunity Act (ECOA). 

Status: Brief for the FTC as amicus curiae filed 6/21/23. 

DESLANDES v. MCDONALD’S USA, LLC, Nos. 22-2333, 22-2334 (7th Cir.)

Assigned Attorneys: Matthew Hoffman (OGC)

 Mariel Goetz

Alleged Conduct: Private action raising questions whether the district court misapplied the 

ancillary-restraints doctrine and whether the district court misread NCAA 

v. Alston, 141 S. Ct. 2141 (2021), as changing the legal standards 
86

governing when a restraint is per se unlawful or can be condemned after a

quick look.

Status: Brief for the United States and the FTC as amici curiae in

support of neither party filed 11/9/22.

Oral argument held 3/31/23.

INGRAM v. EXPERIAN, No. 21-2430 (3d Cir.)

Assigned Attorneys: Imad Abyad (OGC)

Mariel Goetz

Alleged Conduct: Private actions asking for the reversal of a lower court decision that would 

create an exception to the Fair Credit Reporting Act (FCRA) by allowing 

furnishers of credit information to decline to investigate when consumers 

dispute inaccurate information in certain circumstances.

Status: Brief of CFPB and FTC as amici curiae in support of 

plaintiff-appellant and reversal filed 9/13/22.

Oral argument held 3/22/23.

IN RE BYSTOLIC ANTITRUST LITIGATION, 1:20-cv-5735 (2d Cir.)

Assigned Attorneys: Mariel Goetz (OGC)

Brad Grossman

Markus Meier (BC/HC)

Bradley Albert

Daniel Butrymowicz

Timothy Kamal-Grayson

Joseph Mathias

Nature of Action: Private action alleging reverse payment to impede generic entry by maker 

of the branded high blood pressure drug Bystolic.

Status: Brief for the FTC as amicus curiae filed 6/20/23.

JAZZ PHARMACEUTICALS v. AVADELS CNS PHARMACEUTICALS, No. 1:21-cv-691 

(D. Del.)

Assigned Attorneys: Holly Vedova (BC)

Markus Meir

Bradley Albert

Daniel Butymowicz

Rebecca Egeland

Anupama Sawkar
87

Alleged Conduct: Private action alleging violations of the Hatch-Waxman framework and 

the harmful effects of improper Orange Book listings.

Status: Brief for the FTC as amicus curiae filed 11/10/22.

Memorandum opinion granting defendant’s motion for judgment on the 

pleadings and directing delisting of one of plaintiff’s patents from 

the FDA’s Orange Book.

JONES v. GOOGLE INC., No. 21-16281 (9th Cir.)

Assigned Attorneys: Mariel Goetz (OGC)

Nature of Action: Private action raising questions on whether the Children’s Online Privacy 

Protection Act (COPPA) preempts state laws that are consistent with 

COPPA’s treatment of regulated activities.

Status: Brief of FTC as amicus curiae filed in support of neither party filed

5/20/22.

LOUIS v. BLUEGREEN VACATIONS, UNLIMITED, No. 22-12217 (11th Cir.)

Assigned Attorneys: Imad Abyad (OGC)

Mariel Goetz

Alleged Conduct: Private action raising questions regarding standing by active 

servicemember and his wife to sue their lender for violations of the 

Military Lending Act (MLA).

Status: Brief of CFPB and FTC as amici curiae filed in support of plaintiffsappellants and reversal filed 11/21/22.

Oral argument scheduled for 10/6/23.

MAYER v. HOLIDAY INN CLUB VACATIONS, No. 22-11734 (11th Cir.)

Assigned Attorneys: Imad Abyad (OCC)

Mariel Goetz

Alleged Conduct: Private action raising questions whether Fair Credit Reporting Act’s 

reasonable investigation requirement distinguishes between distinguish 

between “legal” and “factual” disputes.

Status: Brief of CFPB and FTC as amici curiae filed in support of plaintiffsappellants and reversal filed 12/16/22.

Oral argument scheduled for 10/3/23.
88 

REGENERON PHARMACEUTICALS v. NOVARTIS PHARMA AG et al., No. 22-427 (2d 

Cir.) 

Assigned Attorneys: Matthew Hoffman (OGC)

 Mariel Goetz 

Nature of Action: Private antitrust action raising product market definition questions. 

Status: Amicus brief for the Commission and the United States in support of 

neither party filed 6/17/22. 

Oral argument scheduled for 10/11/23. 

SESSA v. TRANSUNION, LLC, No. 22-87 (2d Cir.) 

Assigned Attorneys: Mariel Goetz (OGC)

 Seth Frotman (CFPB) 

 Steven Bressler

 Laura Hussain

 Ryan Cooper 

Nature of Action: Private action raising question whether the Fair Credit Reporting Act 

draws a distinction between “legal” inaccuracies and “factual” 

inaccuracies regarding the required procedures for ensuring the accuracy 

of information in consumers’ credit reports. 

Status: Brief for the CFPB and the Commission as amici curiae supporting 

plaintiff filed 5/5/22.

Argument held 3/3/23.

 

TERADATA v. SAP, No. 22-1286 (Fed. Cir.) 

Assigned Attorneys: Patrick Kuhlmann (DOJ)

Bradley Grossman (OGC)

Nature of Action: Private action alleging illegal tying in violation of the antitrust laws, 

involving dismissal of the antitrust claims for failure to define the relevant 

markets.

Status: Brief for the United States and the Commission as amici curiae supporting 

neither party filed 5/25/22. 

Oral argument held 6/8/23. 
89

SAGE CHEMICAL, INC v. SUPERNUS PHARMECUTICALS, INC No. 1:22-cv-1302 (D. 

Del.)

Assigned Attorneys: Markus Meier (BC/HC)

Bradley Albert

Daniel Butrymowicz

Rebekah Conlon 

Rebecca Egeland

Nature of Action: Private action alleging that multiple defendants including Supernus 

Pharmaceuticals Inc. have engaged in unlawful strategies to delay or block 

entry of a generic version of the branded apomorphine drug Apokyn.

Status: Commission’s amicus brief filed 3/22/23.