STATES DISTRICT COURT 

MIDDLE DISTRICT OF FLORIDA 

OCALA DIVISION 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

v. Case No. 5:21-cv-343-BJD-PRL 

FRANK ROMERO, 

Defendant. 

I ----------------

FIN AL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION 

This lawsuit was brought by the Federal Trade Commission (FTC) 

against Defendant Frank Romero for violating the FTC Act and the COVID19 Consumer Protection Act (CCPA). In its Complaint, the FTC asked for the 

Court to enter a permanent injunction and award other relief consistent with 

the FTC Act, the CCPA, and the FTC's Trade Regulation Rule Concerning 

the Sale of Mail, Internet, or Telephone Order Merchandise (MITOR). 

The FTC moved for summary judgment against the Defendant, and its 

motion was granted. (See Doc. 61). For a Final Judgment and Order against 

Defendants, it is hereby ORDERED, ADJUDGED, AND DECREED: 

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1. This Court has jurisdiction over this matter and venue is proper in this 

district. 

2. The Complaint charges that Frank Romero participated in deceptive 

acts or practices in violation of MITOR, 16 C.F.R. Part 435, for lacking a 

reasonable basis to claim he could ship purchased goods within the time 

periods he advertised; failing to allow consumers to consent to a delay in 

shipping or to cancel their order and receive a prompt refund upon learning 

of his inability to ship ordered facemasks and other Personal Protective 

Equipment within the time he advertised; after failing to offer this option, 

failing to deem orders cancelled and provide a prompt refund; and after 

receiving cancellation and refund requests, failing to deem orders cancelled 

and provide a prompt refund. The Complaint also charges that Frank Romero 

participated in deceptive acts or practices in violation of Section 5 of the FTC 

Act, 15 U.S.C. § 45, by failing to both ship and deliver purchased goods by the 

advertised shipping and delivery date; advertising that facemasks could 

perform to specific standards while lacking substantiation for and a 

reasonable basis to make those claims; failing to deliver facemasks with 

filtration efficiency comparable to that of an N95 respirator, or a filtration 

efficiency of greater than or equal to 95 percent; failing to deliver facemasks 

that prevent viruses, including the SARSCoV-2 virus, from passing through 

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and advertising he had obtained registrations from NIOSH and FDA 

that he did not possess. The Complaint also charges that, during the 2019 

novel coronavirus public health emergency, Frank Romero participated in 

deceptive acts or practices associated with the prevention or mitigation of 

COVID-19 in violation of Section 5(a) of the FTC Act under the CCPA, by 

advertising that facemasks could perform to specific standards while lacking 

a reasonable basis and substantiation for those claims. 

3. The relevant findings of fact and conclusions of law are set out in full in 

a previous Court Order. (See Doc. 61). Relevant to this Final Judgment, the 

Court reiterates: 

a. Frank Romero has done business as a sole proprietor under the 

name Trend Deploy. Id. at 2. On March 13, 2020, Romero began 

marketing facemasks through his Trend Deploy website, including 

masks he described as "N95" and "Class N95." Id. at 5. Romero 

offered consumers two shipping options for these facemasks: "Fast 

Shipping (5-15 days)" and "Standard Shipping (3-5 weeks)." Id. 

b. Romero violated MITOR, 16 C.F.R. §§ 435.2(a)(l), 435.2(b)(l), and 

435.2(c)(5), by having no reasonable basis to expect he would be able 

to ship ordered merchandise to the buyer within the times he clearly 

and conspicuously stated within his solicitations; by failing to ship 

goods within the timeframe required by MITOR; by failing to allow 

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to consent to a delay in shipping or to cancel their order 

and receive a prompt refund upon learning of his inability to ship 

goods within the time advertised; and, after receiving cancellation 

and refund requests, by failing to provide consumers with a prompt 

refund. Id. at 12-19. 

c. For these MITOR violations, the proper measure of monetary 

liability is Romero's net revenues, which is gross receipts minus 

refunds. Here, Romero's net revenues attributable to his MITOR 

violations equal $989,483.69. Id. 

d. Romero violated Sections 5 and 12 of the FTC Act by making 

representations that: (1) purchased goods would ship within 5-15 

days for "Fast Shipping" or 3-5 weeks for "Standard Shipping"; (2) 

the masks he sold were certified by NIOSH and the FDA; (3) the 

masks he sold were proper N95 masks; and (4) his "Class N95" 

masks had filtration efficiencies comparable to N95 respirators, had 

filtration efficiencies greater than or equal to 95 percent, and would 

prevent viruses, including the CoV-2 virus, from passing through 

the masks. Each claim constitutes a deceptive act or practice 

because Romero lacked a reasonable basis to make each claim. Each 

claim was material and relied upon by consumers, and did, in fact, 

mislead consumers. Id. at 19-29. 

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Romero participated in and had the authority to control the 

deceptive marketing of facemasks through his Trend Deploy 

website. Further, he knew of or was recklessly indifferent to the 

deceptive nature of these claims. Id. 

f. Romero learned of both MITOR and the FTC Act in November 2020 

after being informed he was under investigation by the FTC for 

violating both. Id. at 31. 

g. Beginning on December 27, 2020, during the pendency of a public 

health emergency declared under 42 U.S.C. § 247d, Romero 

continued to make claims about his Class N95 facemasks that 

violated Section 5(a) of the FTC Act and that were associated with 

the prevention or mitigation of COVID-19. 

h. Romero was culpable in making deceptive representations, in 

violation ofMITOR and Sections 5 and 12 of the FTC Act. He can 

afford to pay a civil penalty. His net revenues less cost of goods sold 

from violations of MITOR and the FTC Act after December 27, 2020 

were $854.07. Three times this figure is $2,562.21. Id. at 33. 

1. There is a cognizable danger of recurrent violations of the FTC Act 

by Romero given his violations of the FTC Act and MITOR, behavior 

in engaging in deceptive acts or practices while selling facemasks 

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the COVID-19 pandemic, and proficiency in and ability to 

commit further violations. 

DEFINITIONS 

For this Final Order, these definitions shall apply: 

1. "Applicable Time Period" means the time stated in Defendant's 

solicitation or within 30 days of Receipt of a Properly Completed Order if no 

time is stated in the solicitation. 

2. "Clearly and Conspicuously" means that a required disclosure is 

difficult to miss (i.e., easily noticeable) and easily understandable by ordinary 

consumers, including in all of the following ways: 

a. In any communication that is solely visual or solely audible, the 

disclosure must be made through the same means through which 

the communication is presented. In any communication made 

through both visual and audible means, such as a television 

advertisement, the disclosure must be presented simultaneously in 

both the visual and audible portions of the communication even if 

the representation requiring the disclosure is made in only one 

means. 

b. A visual disclosure, by its size, contrast, location, the length of time 

it appears, and other characteristics, must stand out from any 

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text or other visual elements so that it is easily 

noticed, read, and understood. 

c. An audible disclosure, including by telephone or streaming video, 

must be delivered in a volume, speed, and cadence sufficient for 

ordinary consumers to easily hear and understand it. 

d. In any communication using an interactive electronic medium, such 

as the Internet or software, the disclosure must be unavoidable. 

e. The disclosure must use diction and syntax understandable to 

ordinary consumers and must appear in each language in which the 

representation that requires the disclosure appears. 

f. The disclosure must comply with these requirements in each 

medium through which it is received, including all electronic devices 

and face-to-face communications. 

g. The disclosure must not be contradicted or mitigated by, or 

inconsistent with, anything else in the communication. 

h. When the representation or sales practice targets a specific 

audience, such as children, the elderly, or the terminally ill, 

"ordinary consumers" includes reasonable members of that group. 

3. "Defendant" means Frank Romero. 

4. "Document" is synonymous in meaning and equal in scope to the 

usage of "document" and "electronically stored information" in Federal Rule 

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Civil Procedure 34(a), Fed. R. Civ. P. 34(a), and includes writings, 

drawings, graphs, charts, photographs, sound and video recordings, images, 

internet sites, web pages, websites, electronic correspondence, including 

email and instant messages, contracts, accounting data, advertisements, FTP 

logs, server access logs, books, written or printed records, handwritten notes, 

telephone logs, telephone scripts, receipt books, ledgers, personal and 

business canceled checks and check registers, bank statements, appointment 

books, computer records, customer or sales databases and any other 

electronically stored information, including Documents located on remote 

servers or cloud computing systems, and other data or data compilations from 

which information can be obtained directly or, if necessary, after translation 

into a reasonably usable form. A draft or non-identical copy is a separate 

Document within the meaning of the term. 

5. "Option" means an offer made Clearly and Conspicuously and without 

prior demand. 

6. "Personal Protective Equipment" means protective clothing, 

helmets, gloves, face shields, goggles, facemasks, respirators, or other 

equipment designed, intended, or represented to protect the wearer from the 

spread of infection or illness. 

7. "Prompt," in the context of a Refund, means a Refund sent by any 

means at least as fast and reliable as first-class mail within 7 days of the 

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on which the buyer's right to Refund vests under the provisions of this 

Court Order. Provided, however, that where Defendant cannot provide a 

Refund by the same method payment was tendered, Prompt Refund means a 

Refund sent in the form of cash, check, or money order, by any means at least 

as fast and reliable as first-class mail, within 7 days of the date on which 

Defendant discovers Defendant cannot provide a Refund by the same method 

as payment was tendered. 

8. "Protective Goods and Services" means any good or service 

designed, intended, or represented to detect, treat, prevent, mitigate, or cure 

COVID-19 or any other infection or disease, including, but not limited to, 

Personal Protective Equipment, hand sanitizer, and thermometers. 

9. "Refund" means: 

a. Where the buyer tendered full payment for the unshipped 

merchandise in the form of cash, check, or money order, a return of 

the amount tendered in the form of cash, check, or money order sent 

to the buyer; 

b. Where there is a credit sale: 

1. And Defendant is a creditor, a copy of a credit memorandum or 

the like or an account statement sent to the buyer reflecting the 

removal or absence of any remaining charge incurred because of 

the sale from the buyer's account; 

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And a third party is the creditor, an appropriate credit 

memorandum or the like sent to the third party creditor which 

will remove the charge from the buyer's account and a copy of 

the credit memorandum or the like sent to the buyer that 

includes the date that Defendant sent the credit memorandum 

or the like to the third party creditor and the amount of the 

charge to be removed, or a statement from Defendant 

acknowledging the cancellation of the order and representing 

that it has taken no action regarding the order which will result 

in a charge to the buyer's account with the third party; 

111. And the buyer tendered partial payment for the unshipped 

merchandise in the form of cash, check, or money order, a 

return of the amount tendered in the form of cash, check, or 

money order sent to the buyer. 

c. Where the buyer tendered payment for the unshipped merchandise 

by any means other than those enumerated in (a) or (b) of this 

definition: 

1. Instructions sent to the entity that transferred payment to 

Defendant instructing that entity to return to the buyer the 

amount tendered in the form tendered and a statement sent to 

the buyer setting forth the instructions sent to the entity 

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the date of the instructions and the amount to be 

returned to the buyer; 

11. A return of the amount tendered in the form of cash, check or 

money order sent to the buyer; or 

111. A statement from Defendant sent to the buyer acknowledging 

the cancellation of the order and representing that Defendant 

has taken no action regarding the order which will access any of 

the buyer's funds. 

10. "Receipt of a Properly Completed Order" means, where the 

buyer tenders full or partial payment in the proper amount in the form of 

cash, check or money order; authorization from the buyer to charge an 

existing charge account; or other payment methods, the time at which 

Defendant receives both said payment and an order from the buyer 

containing all of the information needed by Defendant to process and Ship 

the order. 

11. "Ship," or any variation thereof, including Shipment or 

Shipping, means the act by which the merchandise is physically placed in the 

possession of the carrier. 

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CONDUCT RELIEF 

I. 

IT IS FURTHER ORDERED that Defendant is permanently 

restrained and enjoined from the advertising, marketing, promoting, or 

offering for sale, or assisting others in the advertising, marketing, promoting, 

or offering for sale, of any Protective Goods and Services. 

II. 

IT IS FURTHER ORDERED that Defendant, Defendant's officers, 

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

participation with any of them, who receive actual notice of this Order, 

whether acting directly or indirectly, in connection with the sale of any good 

ordered by mail, via the internet, or by telephone are permanently restrained 

and enjoined from: 

A. Representing, without a reasonable basis, that Defendant will: 

(1) Ship ordered goods within the time stated in his solicitation; (2) Ship 

ordered goods within 30 days after Receipt of a Properly Completed Order if 

no time is stated in the solicitation; or (3) Ship ordered goods by any revised 

Shipping date provided to buyers. 

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Informing buyers that Defendant is unable to make any 

representation regarding the length of any Shipping delay unless Defendant 

has a reasonable basis for so informing buyers. 

C. Failing to provide buyers with the Option either to consent to the 

delay in Shipping or to cancel the order and receive a Prompt Refund where 

the Defendant cannot Ship the ordered goods within the Applicable Time 

Period. Said Option must be provided within a reasonable time after the 

Defendant learns of his inability to Ship within the Applicable Time Period, 

but in no event later than the Applicable Time Period. 

a. Provided however, that any such Option must either: 

1. provide a definite revised Shipping date; or 

11. where the Defendant lacks a reasonable basis for providing a 

definite revised Shipping date, inform the buyer that: 

1. the seller is unable to make any representation 

regarding the length of the delay; and 

2. the reason(s) for the delay. 

b. Where the Defendant has provided a definite revised Shipping date, 

pursuant to II.C.a.i., that is more than 30 days later than the 

Applicable Time Period, the Defendant must also Clearly and 

Conspicuously inform the buyer that the buyer's order will 

automatically be deemed to have been cancelled unless: 

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the Defendant has Shipped the merchandise within the 

Applicable Time Period, and the Defendant has received no 

cancellation request before Shipment; or 

11. the buyer has specifically consented to said Shipping delay 

within the Applicable Time Period. 

c. Where the Defendant has informed the buyer he can make no 

representation regarding the length of the delay under Section 

!LC.a.ii, the Defendant must also Clearly and Conspicuously inform 

the buyer that the buyer's order will automatically be deemed to 

have been cancelled unless: 

1. the Defendant has Shipped the merchandise within the 

Applicable Time Period, and the Defendant has received no 

cancellation request before Shipment; or 

11. the buyer has specifically consented to said Shipping delay 

within the Applicable Time Period. Provided however, the 

Defendant must also expressly inform the buyer that the buyer 

will have a continuing right to cancel the order at any time after 

the Applicable Time Period. 

D. Where the buyer has consented to a definite revised Shipping 

date under Section II.C, and the Defendant becomes aware he is unable to 

Ship ordered goods by that date, failing to provide a renewed Option either to 

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to a further delay or to cancel the order and receive a Prompt Refund. 

Said Option must be made within a reasonable time after the Defendant first 

learns of his inability to Ship before the said definite revised Shipping date, 

but in no event later than the expiration of the definite revised Shipping 

date. 

a. Provided however, that any such Option must provide a new definite 

revised Shipping date, unless the Defendant lacks a reasonable 

basis for doing so. 

b. In such event, the Defendant must also provide the notices required 

by Section 11.C.a.ii. and Section II.C.c. of this Order. 

E. Failing to cancel any order and provide the buyer with a Prompt 

Refund: 

a. When Defendant has received a cancellation and Refund request 

from the buyer under Section II of this Order; 

b. Under the circumstances prescribed in Section II.C.b. and II.C.c.; 

c. When Defendant fails to provide the Option required by Section II.C. 

and has not shipped the merchandise within the Applicable Ti:rne 

Period; or 

d. When the Defendant notifies the buyer he has decided not to Ship 

the ordered goods. 

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In any action brought by the Commission alleging a violation of Section 

II of this Order, failing to create and maintain records establishing 

compliance with Section II creates a rebuttable presumption that Defendant 

violated that Section. 

IV. 

IT IS FURTHER ORDERED that Defendant, Defendant's officers, 

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

participation with any of them, who receive actual notice of this Order, 

whether acting directly or indirectly, in connection with the sale of any good 

or service, are permanently restrained and enjoined from, or assisting others 

in, expressly or by implication, misrepresenting: 

A. The time within which the good will ship; 

B. The time within which the buyer will receive the ordered good; 

C. That any costs will be refunded if the order does not arrive on time, or 

any material aspect of a Refund policy; 

D. The nature or quality of the good, such as that it is certified or meets 

certain filtration efficiency standards; 

E. The good the consumer ordered will be the good delivered; 

F. Affiliation with, certification from, endorsement or approval by, or any 

other material connection to any person, entity, or governmental agency; or 

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Any other fact material to consumers concerning any good or service, 

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

or any material aspect of its performance, efficacy, nature, or central 

characteristics. 

V. 

IT IS FURTHER ORDERED that Defendant, Defendant's officers, 

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

participation with any of them, who receive actual notice of this Order, 

whether acting directly or indirectly, in connection with the sale of any good 

or service, are permanently restrained and enjoined from making any 

representation, expressly or by implication, about the health benefits, 

performance, efficacy, safety, or side effects of any good or service unless the 

representation is non-misleading, including that, at the time such 

representation is made, Defendant possesses competent and reliable 

scientific evidence substantiating that the representation is true. For 

purposes of this Provision, competent and reliable scientific evidence shall 

consist of testing of the product that is sufficient in quality and quantity 

based on standards generally accepted by experts in the field of the relevant 

good or service, when considered in light of the entire body of relevant 

scientific evidence, to substantiate that the representation is true. Such 

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must be conducted by researchers qualified by training and 

experience to conduct such testing. 

VI. CIVIL PENALTY FOR FTC ACT VIOLATIONS 

PURSUANT TO THE CCPA 

IT IS FURTHER ORDERED that judgment for two thousand, fivehundred sixty-two dollars and twenty-one cents ($2,562.21) is entered for 

Plaintiff against Defendant as a civil penalty for Defendant's violations of 

Section 5(a) of the FTC Act under the CCPA under Section 5(m)(l)(A) of the 

FTC Act, 15 U.S.C. § 45(m)(l)(A). 

VII. MONETARY JUDGMENT 

IT IS FURTHER ORDERED that judgment for nine hundred eightynine thousand, four-hundred eighty-three dollars and sixty-nine cents 

($989,483.69) is entered for the Commission against Defendant as monetary 

relief under Section 19 of the FTC Act for his violations ofMITOR, 16 C.F.R. 

§§ 435.2(a)(l), 435.2(b)(l), and 435.2(c)(5). 

VIII. ADDITIONAL MONETARY PROVISIONS 

IT IS FURTHER ORDERED that: 

A. Defendant must relinquish all dominion, control, and title to the funds 

paid under this Order to the fullest extent permitted by law and no part of 

the funds may be returned to Defendant, except as specified in Section VIII. C 

below. 

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Under 31 U.S.C. § 7701, Defendant, unless he already has done so, 

must furnish to the Commission his taxpayer identifying numbers, which 

may be used to collect and report on any delinquent amount arising out of 

this Order. 

C. All money received by the Commission under this Order may be 

deposited into a fund administered by the Commission or its designee to be 

used for consumer relief. If a representative of the Commission decides that 

direct redress to consumers is wholly or partially impracticable or money 

remains after such redress is completed, the Commission shall so-notify the 

Court and Defendant. Defendant may seek a return of remaining funds at 

that time. 

IX. CUSTOMER INFORMATION 

IT IS FURTHER ORDERED that Defendant, Defendant's officers, 

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

participation with any of them, who receive actual notice of this Order, 

whether acting directly or indirectly, are permanently restrained and 

enjoined from directly or indirectly: 

A. Failing to provide sufficient customer information to enable the 

Commission to efficiently administer consumer redress. If a representative of 

the Commission requests in writing any information related to redress, 

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must provide it, in the form prescribed by the Commission, within 

14 days; 

B. Disclosing, using, or benefitting from customer information, including 

the name, address, telephone number, email address, social security number, 

other identifying information, or any data that enables access to a customer's 

account (including a credit card, bank account, or other financial account), 

that any Defendant obtained before entry of this Order in connection with the 

sale of Protective Goods and Services; and 

C. Failing to destroy such customer information in all forms in his 

possession, custody, or control within 30 days after receipt of written 

direction to do so from a representative of the Commission. 

Provided, however, that customer information need not be disposed 

of, and may be disclosed, to the extent requested by a government agency or 

required by law, regulation, or court order. 

X. ORDER ACKNOWLEDGEMENTS 

IT IS FURTHER ORDERED that Defendant submit 

acknowledgments that he has received this Order. 

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

Commission an acknowledgment of receipt of this Order sworn under penalty 

of perjury. 

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For 20 years after entry of this Order, Defendant must deliver a copy of 

this Order to: (1) all employees having managerial responsibilities for conduct 

related to the subject matter of the Order and all agents and representatives 

who participate in conduct related to the subject matter of the Order; and (2) 

any business entity resulting from any change in structure as set forth in the 

Section titled Compliance Reporting. Delivery must occur within 7 days of 

entry of this Order for personnel currently working for Defendant. For all 

others, delivery must occur before they assume their responsibilities. 

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

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

acknowledgment of receipt of this Order. 

XI. COMPLAINCE REPORTING 

IT IS FURTHER ORDERED that Defendant make timely 

submissions to the Commission: 

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

compliance report, sworn under penalty of perjury: 

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

address and telephone number, as designated points of contact, 

which representatives of the Commission may use to communicate 

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

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

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'' ' 

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

including the goods and services offered, the means of advertising, 

marketing, and sales, and whether these businesses involve mail, 

internet or telephone order sales; (d) describe in detail whether and 

how Defendant complies with each Section of this Order; and (e) 

provide a copy of each Order Acknowledgment obtained under this 

Order, unless previously submitted to the Commission. 

b. Additionally, Defendant must: (a) identify all telephone numbers 

and all physical, postal, email and internet addresses, including all 

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

for which such Defendant performs services whether as an employee 

or otherwise and any entity in which such Defendant has any 

ownership interest; and (c) describe in detail such Defendant's 

involvement in each such business, including title, role, 

responsibilities, participation, authority, control, any and 

ownership. 

B. For 20 years after entry of this Order, Defendant must submit a 

compliance notice, sworn under penalty of perjury, within 14 days of any 

change in: 

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

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

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interest in or controls directly or indirectly that may 

affect compliance obligations arising under this Order, including: 

creation, merger, sale, or dissolution of the entity or any subsidiary, 

parent, or affiliate that engages in any acts or practices subject to 

this Order. 

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

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

or role in any business activity, including any business for which 

such Defendant performs services whether as an employee or 

otherwise and any entity in which such Defendant has any 

ownership interest, and identify the name, physical address, and 

any Internet address of the business or entity. 

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

bankruptcy petition, insolvency proceeding, or similar proceeding by or 

against such Defendant within 14 days of its filing. 

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

under penalty of perjury must be true and accurate and comply with 28 

U.S.C. § 1746, such as by concluding: "I declare under penalty of perjury 

under the laws of the United States of America that the foregoing is true and 

correct. Executed on: __ " and supplying the date, signatory's full name, 

title (if applicable), and signature. 

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't . 

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

all submissions to the Commission under this Order must be emailed to 

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

Associate Director for Enforcement, Bureau of Consumer Protection, Federal 

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

The subject line must begin: FTC v. Frank Romero, Matter No. 2023128. 

XII. RECORDKEEPING 

IT IS FURTHER ORDERED that Defendant must create certain 

records for 20 years after entry of the Order and retain each such record for 5 

years. Specifically, for any business that Defendant is a majority owner or 

controls directly or indirectly, he must create and retain these records: 

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

sold; 

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

as an employee or otherwise, that person's: name; addresses; telephone 

numbers; job title or position; dates of service; and (if applicable) the reason 

for termination; 

C. Records of all consumer complaints and refund requests, whether 

received directly or indirectly, such as through a third party, and any 

response; 

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All records necessary to demonstrate full compliance with each 

provision of this Order, including all submissions to the Commission; and 

E. A copy of each unique advertisement or other marketing material 

making any representation about the shipping, refunds, or returns of any 

good ordered by mail, via the internet, or by telephone. 

XIII. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, to monitor Defendant's compliance 

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

Order: 

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

the Commission, Defendant must: submit additional compliance reports or 

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

appear for depositions; and produce documents for inspection and copying. 

The Commission also may obtain discovery, without further leave of court, 

using any of the procedures prescribed by Federal Rules of Civil Procedure 

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

B. For matters concerning this Order, the Commission may communicate 

directly with Defendant. Defendant must permit representatives of the 

Commission to interview any employee or other person affiliated with any 

Defendant who has agreed to such an interview. The person interviewed may 

have counsel present. 

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• • \ 

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

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

entities, to Defendant or any individual or entity affiliated with Defendant, 

without the necessity of identification or prior notice. Nothing in this Order 

limits the Commission's lawful use of compulsory process under Sections 9 

and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1. 

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

consumer reporting agency must furnish consumer reports about Defendant 

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

t1⁄41 

DONE and ORDERED in Jacksonville, Florida this l2. day of May 

2023. 

BR§::;AQ.~ 

United States District Judge 

8 

Copies furnished to: 

Counsel of Record 

Unrepresented Parties 

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