Attachment A

Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 1 of 17
FEDERAL TRADE COMMISSION,

Plaintiff. )

)

)

F!) ADWRTISING LLC. a limircd tiabilily )

company, )

)

ACf, INITIATM GROUP LLC. a limited )

liability company, )

)

CONNECTED AD STATION LLC. a

)

limited liability company. )

)

)

FASTLANE SALES LLC, a limked liabitity )

compan), )

)

HYPER }I^{RKETING SOLUTIONS )

LLC. a limited liabilit-v company. )

)

MEDTA REDEFINED LLC. a limited )

liability company, )

)

PRIMED MARXETING LLC, a limited )

liability compan.v. )

)

RESPONSIVE MEDIA LLC, a limited )

liabi I ity companl--. and )

)

GOPALKRISHNA PAI, individually and as )

an owner of F9 Advenising LL.C. Ace )

lnitiativc Group LLC. Conncctcd Ad Station )

LLC. Fastlane Sales LLC. lllper Marketing )

Solutions LLC. Media Redefined LLC. )

Primed Marketing LLC. and Responsive )

Media LLC. )

)

Defendants. )

)

UNITED STATE,S DISTRICT COURT

FOR THE DISTRICT OT PUERTO RICO

Civil Action No: l9-CV- l I 74(DRD)

IPROPOSEDI

STIPULATED ORDtrR FOR

PERMANENT INJUNCTION

AND MONETARY JUDGMENT

AS TO DEFENDANTS

GOPALKRISHNA PAI AND

F9 ADVERTISING LLC

)

)

)

Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 2 of 17
Plaintiff. rhe Federal rrade commission ("commission" or,.FTC,'), filed its complaint for

permanenr injunction and orhcr e4uitable relief pursualt to section 19 of &e Federal rrade

commission Act ("FTC Acr"), l5 u.s.c. g 57b and Section E404 olthe Restore online Shoppers'

confidence Act ("RoscA), l5 u,s.c. $ 8404. The commission and Defen&ns Gopalkrishna

Pai and F9 Advenising LLC stipulare to entry of rhis Stipulated order for permanent Injunction

and Monetary Judgment as to Dcfondants oopalkrishna pai and F9 Advertising LLC ("order") o

resolve all matten in dispute in this action between them.

THEREFORE, IT IS ORDERED as foilows:

FI\TDINGS OF FACT

A. This Court hasjurisdiction oyer this matter.

B. The Complaint charges that the Settling Defendants participated in deceptive acts

or practices in violation of Section 4 of ROSCA. I 5 U.S.C. $ 8403.

C. Senling Defendants accepted all allegations contained in the Complaint through a

motion requesdng reopening ofthe case proceedings filed on December 8, 2022. FTCv. F9

Adrertising LLC, et al, Civil Action No. l9{ I I 74 (DRD) (D.P,R. [Motion filed] Dec. 8, 2022),

ECF 45.

D. Senling DeGndants waive any claim they may have under the Equal Access to

Justice Act, 28 U.S.C. proseculion $ 2412, conceming the of this action through the &te of this

Order, and agree to bear their own cosls and attomey fees.

E. Senling Defendant-s waive all rights to appeal or otherwise challenge or contest

the validity of lhis Order.

DEFINITIOIiiS

For the purpose ofthis Order. the following definitions shall apply:

A. "Billing Information" means any data that enables any person to access a

customer's account, such as a credit card, checking, savings, share or similar account, utility bill,

mortgage loan account. or debit card.

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Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 3 of 17
B. "Chergc," "Charged," or -Chrrgiog" means ary sttempt o collcc! monel or

othcr consideration from a consumcr, irrluding but not limitcd ro causing Billing lnformarion to

be subrnitad lor paymenl including against lhc consumcr's credir card. debit card. bank account,

tcl$mne bill, or other accounr.

C. *Clicnt" 

mcans an1 business entiry. individual, or individuals to whom any

Sealiog Dcfendant provides services. who promotes or oflers for sale any good or servicc with a

Negadve Option Featurc.

D. "Defendants" means Corporate Defendans and Gopalkrishna Pai, individually,

collcctilcll'. or in anl combination.

E. "Corporate Defeadrnts- mcans F9 Advcnising LLC. Ace Initiative Group LLC,

Connected Ad Station LLC, Fasrlane Sales LLC, Hyper Marketing Solutions LLC, Media

Redefined LLC. Primed Marketing LLC, Responsive Media LLC, and each oftheir subsidiaries,

aIfi liates. succcssors, and assigns.

F. "Individuel Dcfendart" means Gopalkrishna Pai, alJa GK Pai.

C. -Settling Defeadents" means Gopalkishna Pai and F9 Advertising LLC.

H. "\egative Option Fea(ure" means, in an offer or agreement to sell or provide

any good or sen ice, a provision under q'hich the consumer's silence or failure to take aflirmative

action to rcject a good or seoice or to cancel the agreement is interpreted by the seller or

provider as accepunce or continuing acceptance ofthe offer.

ORDER

L B[\ RELATII{G TO i\EGATII'E OPTION FEATUP.f,S

IT IS THEREFORI ORDERf,D that Settling Delendants are permanently restrained

and enjoined from promoting or offering for sale, or assisting others in promoting or oflering for

sale, any good or sen'ice with a Negative Oplion Feature.

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Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 4 of 17
II. PROHIBITTOIIAGAINSTMISREPRf,SENTATIONS

lT tS FURTIIER OR.D0Rf,D that Settling Defcndanis. the ir officers. agents.

employees, and altomeys. and all other pcrsons in activc concert or participation with any of

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

with promoting or offering for sale any good or service. are permanently nestrained and enjoined

from misrepresenting or assisting others in misreprescnting, expressly or by implication" any

material facl including:

A. Any cost to the consumer to purchase, receive, use, or retum the initial good or

scwice;

B, That the consumer will not bc Charged for any good or service:

C. That the consumer can obtain a good or service for a processing, service,

shipping. handling. or administrative fee with no funher obligation;

D. Any purpose for which thc consumer's Billing Information will be used;

E. That a ransaction has bcen authorized by the consumer:

F. The number of transacrions that will be completed or the number ofproducts fiat

will be purchased: and

G. Any matcrial aspect olthe nature or terms ofa refund, cancellation. exchange, or

rcpurchase policl for the good or service.

III. MONETARY JUDGMEIiT, SURRENDER OF

ASSETS AI\ID PARTIAL SUSPf,NSION

IT IS FURTHER ORDERED thal:

A. Judgment in the amount ofThirty-Four Million, Eighty-One Thousand, SeventyThree Dollars ($3+.(181.073.00) is entered in favor ofthe Commission against Settling

Defendants, jointll and severalll'. as equitable monetary relief. Upon lull and timely compliance

with all subsections below. all but One Hundred Sixty-Nine Thousand, Nine Hundrcd Three

Dollan and Twenty Cents ($169.903.?0) ofthe remaining balance shall be suspended.

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Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 5 of 17
B. Scnling Defcndants arc ordercd to, within 5even (7) calendar days after entry of

this order, by electronic fund transfer in accordancc with instrucrions prcviously provided by a

reprcsentative ofthe commission, transfcr all lunds in the aocounls listed below to the Federal

Trade Commission:

l. Account Number ending in 9970 ar Chime Bank in the name of Defendant

Copalkrishna Pai;

2. Account Number ending in 1099 at Axos Bank in the name of Def€ndant

Gopalkrishna Pail

3. Account Number ending in 7299 at Aspirational Financial in the name of

Defendant Gopalkishna Pai;

4. Account Number ending in 8180 at Robinhood Financial in the namc of

Defendant Gopalkrishna Pai;

5. Account Number ending in 6333 at Webull Financial in the name of

Defendant Copalkri shna Pai ;

6. Account Number ending in 9595 at Chase Bank and held in trust by

Gordon law Gmup in the name of, or for the benefit of, Gopalkrishna Pai and F9

Adverrising LLC;

7. Account Number ending in 8679 at Oriental Bank and held in trust by

Sanchez Betances, Sifre & Munoz in the name of, or for the benefit of,

Gopalkrishna Pai and F9 Advertising LLC.

8. The cash surrcnder value ofthe lndependent Retirement Account ("lRA")

ending in 6600 at Midland in the name ol or for the benefit of, Copalkishna Pai.

C. Any financial institution with control over any account identified in Subsection B is

directed to cooperate with the Commission in facilitating the transfer of funds in the accounts to

the Commission.

D. lndividual Defendant represents that he has forfeited to the United States: $250,000.00 in

funds from bank account numberending in 409 at BBVA Compass Bank in Birmingham,

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Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 6 of 17
Alabama: S15202.54 in funds from bank account cnding in 3?34 at Charles Schwab Bank in El

Paso. Texas: 52?5,000.00 in funds from bank account ending in 4617 at Bank ofAmerica NE:

and S I 8.160.00 in U.S. Cunency. in thc case U.S. v. Gopclbuhro Par'. Case No. 9-26 {FAB),

currcntly pending in the United Suted Districr Coun for the Disricr ofPueno Rico.

E. Within live (5) calendar days of entry olthis Order, lndividual &fcndanr shall cooperare

fully with the Liquidator appointcd in Section V of this frer and takc such orher stcps as the

Liquidator may requirc to transfer and assign to the Liquidator all his righs, thle and interest in

the August 16,2016 Pmmissory Note ("Promissory Note") woah approximatcly Two Hundred

Thousand Dollars (5200,000) idcntificd in ltem 12 ("Amounts O*'ed to You. Your Spousc, or

Your Dependents) oithe Financial Statcment oflndividual Dcfendant sigcd on Januar-v 9.

2023.

F. Wirhin five (5) calendar days ofentry ofrhis Order. Delendant Gopalkrishna Pai shall

coopcrate fully with the Liquidator appointed in Section V of $is Order and take such other

steps as the Liquidator may require to transfer and assign o the Liquidator all his righa. title and

security interest. including a lien. in the August 16,2016 Deed ofTrust ("Deed ofTrust"). u'hich

secures lhe Promissory Nore and grans a security in real propert-v and proceeds locared at Lots

27,28,29,30. and 31, Block 9, LINKWOOD ESTATES an Addition to rhe City of Fort Worth,

Tarrant County. Texas, according to the map fiereof recorded in Volume 388-7, Page 87,

Map/Plat Records of Tarrant Counry. Tcxas ("Real Property").

G. lndividual Defendant represens and acknowledges that the FTC is relying on material

r€prcsentations that the Deed of Trust is recorded, lndividual Defendant is the first lien debt

holder on the Real Propeny, and the Real Propeny is not encumbered by any other lien,

assignment. security intercst or other interesl not o&erwise disclosed in the Deed ofTrust or

financial disclosures previously made to the Commission with priority over Individual

Defendant's Iien.

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Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 7 of 17
H. Individual Dclendant and his agcnrs. employccs, or other rcprcscntalives arc cnjoined

fmm inrcrfering in any manncr with the sppoinLrnent ofa Trustec or the Trustce's foreclosure of

the Real Property as required in the Deed ol'Trusl and ordered in Section V below.

l. Settling Defendants shall take all steps necessary to assist in the transfer, assignment and

liquidation of&e assets identified in this Section III. In the evenr it is neccssary ro execute

additional documents to transfer, assign, or liquidat€ the assets ofsdlling Defendants or any

other assets that arc to be sunendered under this Onder, Settling Defendants shall execute such

documenls within three business days of a rquest from the Commission or Liquidator.

J. The Commission's agreement to the suspension ofpat ofthejudgment is cxpressly

premised upon the truthfulness, accuncy, and compleleness of Settling Defendants' swom

financial stalements and relared documents (collectively, "financial representations") submitted

to the Commission, namely:

l. the Financial Statement ofSettling Defendant Gopalkishna Pai signed on January

9. 2023. including the attachmenrs:

2. the Financial Statement of Settling Defendant F9 Advertising LLC, signed by

Copalkinhna Pai on January 9, 2023, including the attachments; and

3. The additional documentation, emails, and information submitted by Settling

Defendants' counsel to Commission counsel on January- 25. 20231 March 10.

2023; March 16,2023; April 6,2073t July 7,2023; and July I I, 2023, attaching

fi nancial documens, attachments, and information.

K. The suspension ofthejudgment will be lifted as to any Settling Defendant if, upon

morion by the Commission, the Court finds that Settling Defendant failed to disclose any

material asser, materiall) misstated the value ofany asset, or mad€ any other material

misstatement or omission in rhe financial representations identified above.

L. Ifthe suspension ofthejudgment is lifted, the judgment becomes immediately due as ro

that Seuling Defendant in the amount ofThirty-Four Million, Eighty-One Thousand, SevantyThrce Dollars ($34.081.073.00) (which the parlies stipulate only for purposes of this Secrion

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Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 8 of 17
r€prcsents consumer injury a*cged in the compraint), plus sratutory interc* from entry ofthe

order, minus any amounts alrcady paid

IV. ADDITIONALMONETARYPROVISIONS

IT IS FURTHER ORDERED thal:

A' Senling Defcndants relinquish dominion and ar regar and equitable right, tirle,

and inlercst in all assets transfened pursuant to this order and may not seek the retum of any

assets,

B. The facs alleged in the Complaint will be raken as true, without further proof. in

any subsequent civil litigation by or on behalfofthe commission, including in a proceeding to

enforce ils rights to any payment or monctary judgment pursuanl to this Order, such as a

nondixhargeability complaint in any bankruprcy case.

C. The facts alleged in &e Complaint establish all elements necessary lo sustain an

action by the Commission pursuant to Secrion 523(a)i2[A) ofthe Bankruptcy Code, ll U.S.C.

$ 523(aX2)(A), and this Order will have collareral estoppel effect for such purposes.

D. Setling Defendants acknowledge that rheir Taxpayer ldentilication Numbers

(Social Securir;' lriumbers or Employer ldentification Numbers), which Settling Defendans

previously submitted to the Commission, may be used for collecting and reporting on any

delinquenr amount arising out of this Order, in accordance with 3 I U.S.C. $7701.

E. All money paid to the Commission pursuant to this Order may be deposited into a

fund administered by the Commission or its designee to be used for equitable relief, including

consumer redress and any attendanl expenses for the administration ofany redress fund. Ifa

representativc ofthe Commission decides that direct redress to consumers is wholly or partially

impracticable or money remains after redress is completed, the Commission may apply any

remaining money for such other equitable relief ( including consumer information remedies) as it

determines to be reasonably related to Defendants' praclices alleged in the Complaint. Any

money not used for such equitable relief is to be deposited to the U.S. Treasury as disgorgement.

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Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 9 of 17
Settling Defcndants havc no right to challenge any actions the Commission or its reprcscntative5

may take pursuant to this Subsection.

V. APPOINMENT AND DUTIES OF LIQUIDATOR

IT IS FURTHER ORIIERED thar the FTC will appoinr a Liquidamr, wirh all righs and

powers ofan equiry rcceiver over the Pmmissory Note, Deed of Trust. and Real Property

described in Sections lll.E and III.F.

A. Upon transfer ofall rights, title and interrst in the Promissory Note and Deed of

Trust (identified in Sections III.E and lll.F) to the Liquidator. the LiquidBtor. as soon as

reasonably possible. shall, at reasonable cost and in a commercially reasonable fashion. ensure

appointment ofa Trustee under the Deed of Trust and direct the Trustee to foreclose on the lien

*Truslee's on &e Real Propeny and disburse the proceeds in accordance with Section D, Rights

and Duties," of rhe Deed of Trusr.

B. The Liquidator shall keep a true and accuraie account ofany and all expenditures

and proceeds related to the foreclosure on the Real Property and provide this information to the

Commission within thrce (3) calendar days of a request ftom the Commission.

C. The Liquidator is entitled to reasonable compensation for fte performance of

duties undertaken punuant to this Order and for the cosls ofactual oulof-pocket exp€nses

incurrcd by him. The Liquidator's commission and expenses are to be paid solely from the

proceeds ofthe foreclosure ofthe lien under the Deed ofTrust.

D. After the lien on the Real Property has been foreclosed upon and the Liquidator

has paid the expenses in subsection C, the Liquidator shall ransfer the remaining proceeds ofthe

forcclosure on the lien to the Commission. The Liquidaor shall make the transfer required by

this paragraph by electronic fund transler or certifled cashier's check in accordance with

instructions previously provided by the Commission.

E. Upon the final transfer offunds to the Commission punuant this Section, the

duties ofthe Liquidator shall terminate immediately. The Liquidator shall complete his duties

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Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 10 of 17
and terminate his service within 180 days ofthe execution of this Ordcr, unless good cause is

shown to extend beyond 180 days.

U. CUSTOMERINFORMATION

IT lS FURTHER ORDERED that Senling Defendan$, rhcir olficers, agents,

employecs, and anomeys, and all other persons in aclive concert or participation with any of

them. who receive actual notice of this Order, are permanently restrained and enjoined from

directly or indirecrly:

A. failing to provide sufficient customer information to enable the Commission to

efiiciently administer consumer rcdress. lfa representalive ofthe Commission r€quests in

writing any information related to rcdress, Senling Defendants must provide it, in the form

prescribed by rhe Commission, within l4 days.

B. disclosing, using, or benefitting from customer information, including the name,

address. tclephone number, email address, social securiry number, other identiSing information,

or an1' data thar enables access to a customer's account (including a credit card, bank account, or

other financial account). rhat any Settling Defendant obtained prior to entry of this Order in

connection with online transactions promoling or offering for sale any good or service with a

Negative Option Feature; and

C. failing o destroy such customer information in all forms in their possession,

cuslody. or conrol within 30 days afier receipt of written direction to do so from a reprcsentative

of the Commission.

Provided. however, that customer informalion need not be disposed of, and may be

disclosed, to the extent requested by a govemment agency or required by law, regulalion, or

court order.

VII ORDERACKNOWLEDGMENTS

IT IS FURTHER ORDERED that Settling Defendants obtain acknowledgmens of

receipt of this Order:

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Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 11 of 17
A. Settling Defendants. within 7 days of enrry of rhis Order, must submit to the

Commission an acknowledgment of rece ipt of this Order swom under penalty of perjury.

B. For 5 years after entry ofthis Order, tndividual Defendant for any business that

he, individually or collecrively with any other Defendans, is the majority owner ofor controls

directly or indircctly. and Corporare Defendanr F9 Advertising LLC, musr deliver a copy of this

Order to: ( I ) all principals, officers. direcrors. and LLC managers and members; (2) all

employecs having managerial rcsponsibilities for conduct rclated to the subjecr matter ofthe

Ordeq (3) all employees, agents, and representatives who parricipare in conduct related to the

subject matter ofthe Order; and (4) any business entity resulting from any change in structure as

set forth in the Section titled Compliance Reporting. Delivery must occur within 7 days ofentry

ofthis Order lor current personnel. Forall others, delivery must occur before they assume their

responsibilities.

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

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

acknowledgment ol receipt olthis Order.

VIN. COMPLIANCE REPORTING

IT IS FURTHER OR"DERED that Settling Defendans make timely submissions to the

Commission:

A. One year aicr entry ofthis Order, each Senling Defendant must submit a

compliance report, swom under penalty of perjury:

I . Each Settling Defendant must: (a) identify the primary physical, postal,

and email address and telephone number, as designated poins ofcontact, which

rcpresenrarives of the Commission may use to communicate with that Settling Defendant;

(b) idenri$ all ofthat Settling Defendant's businesses by all oftheir names, telephone

numben, and physical, postal, email, and lntemet addrcsses; (c) describe the activities of

each business, including the gods and services offercd, the means ofadvertising,

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Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 12 of 17
marketing, snd salcs. snd the involvemcnt ofany other Defendanl (which lndividual

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

describe in detail whether and how that Sertling Defendant is in compriance with each

Section ofrhis Order; and (e) provide a copy ofeach Order Acknowledgmenr ohtained

pursuart to this Order, unless previously submittcd to the Commission.

2. Additionally. the lndividual Defendant must: (a) identily all relephone

numbers and all physical, posul, email and Intemet addrcsses, including all residences;

(b) identifr all business activities. inctuding any business for which such lndividual

Defendant performs services, wherher as an employee or olhenvise, and any entity in

xhich such lndividual Defendant has any ownership interestl and (c) describe in detail

such lndividual Defendsnt's involvement in cach such business. including title, role,

rcsponsibilities, participarion, authority, contml, and any ownenhip.

B. For l0 years after entry of this Order, Setrling Defendants must submit a

compliance notice. swom under penalty of perjury, within l4 days ofany change in the

following:

l. Each Settling Defendant must report any change in: (a) any designated

point ofcontact; or (b) the structune ofany Corporate Defendant or an1' entity that such

Settling Dcfendant has any ownership interesl in or controls directly or indirectly that

may affect compliance obligations arising under this Order, including: creation, merger,

sale, or dissolution ofthe entity or any subsidiary, parent, or affiliate tha! engages in any

acts or practices subject to this order.

2. Additionally. the Individual Delendanl must report any change in: (a)

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

business activiry. including any business for which such Individual Defendant performs

services, whether as an employee or otherwise, and any entity in which such Individual

Defendaat has any ownership intercst, and identifo the name. physical address. and any

Intemet addrcss ollhe business or enlity.

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C. Scnling Dcfendants must submit to rhc Commission noticc of thc filing of any

banknrptcy petilion, insolvcncy procccding, or similar proceeding by or against such Dcfendant

within t4 days of is filing.

D. Any submission to the Commission required by rhis Order to be swom under

penalty of pcrjury must be true and accurare and comply wirh 28 U.S.C. $ I 746, such as by

concluding: "l declare under penalty ofperjury undcr the laws ofthe United Starcs of Amcrica

that lhe foregoing is true and correct. Execured on: _" and supplying rhe dare, signarory's

full name, title (ifapplicable). and signarurc.

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

submissions b rhe Commission pursuant to this fuer mus! be emailed !o DEbricf@ftc.gov or

sent by ovemight courier (not the U.S. Postal Service) to: Associare Director for Enforcement,

Bureau of Consumer Protection. Federal Trade Commission, 600 Pennsylvania Avenue n"W,

Washington, DC 20580. The subject line must begin: FTC v. F9 Advertising LLC et al., Civil

Action No. l9-cv-l I74 (DRD).

Ix. RECORDKEEPING

IT IS FTIRTHER ORDERED that Seflling Defendants must create certain r€cords for

l0 years after enu.'- of the Order, and retain each such record for 5 years. Specifically, Settling

Defendants for any business that each such Defendant, individually or collectively with any other

Defendants, is a majority owner ofor controls directly or indirectly, musl create and reuin the

following records:

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

B. personnel records showing, foreach person providing services, whether as an

employee or othen+,ise, that pcrson's: name; addresses; telephone numbers;job title or position:

datcs of sen ice: and (ifapplicable) the reason for lerm inationi

C. records ofall consumer complaints and refund requests, whether received directly

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

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Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 14 of 17
D. all rccords necessar.v to demonstrate full compliance with cach provision of this

Order. including all submissions to the Commision; and

E. a copy ofeach unique advertisemcnt or other marketing material.

X. COMPLIANCEMONITORING

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

compliance with this Order, including the financial reprcsentations upon which part ofthe

judgment was suspended and any hilure to transfer any assets as required by tlris Order:

A. Within l4 days ofreceipt ofa u,rinen request from a representstive ofthe

Commission, Senling Defendants must: submit additional compliance reports or other requested

information, which must be swom under penalty of perjury: appear for depositions; and produce

documents for inspection and copying. The Commission is also authorized to obtain discovery,

without further leave ofcourt, using any ofthe procedures prescribed bl,Federal Rules of Civil

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

B. For matiers corceming this Order, the Commission is authorized to communicate

directly with Settling Defendants. Senling Defendanls musr permit representatives ofthe

Commission to interview any employee or other person affiliated with any Defendant who has

agreed to such an intcrview. The person interiewed may have counscl present,

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

representatiycs. as consumers, suppliers, or other individuals or enlities, to Settling Defendants

or any individual or entity affilialed with Settling Defendants, without the necessity of

identification or prior notice. Nothing in this Order limits the Commission's lawful use of

compulsory process, pursuant to Sections 9 and 20 ofthe FTC Act, l5 U.S.C. $! 49. 57b-1.

D. Upon r+ritten request from a reprcsentative oflhe Commission. any consumer

reponing agency must fumish consumer repons conceming Senling Defendants, pursuant to

Section 604( l) of the Fair Credit Reponing Act, l5 U.S.C. $ l68lb(aX l).

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Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 15 of 17
XI, RETEI{TIONOFJURISDICTION

tT lS FURTHf,R ORDERED drat this Court shall retain jurisdiction of this mauer for all

purposes.

IT IS SO ORDERED:

JUDGE DANIEL R. DOMINGUEZ

DATED:

SO STIPULATED

FOR THE PLAI\TITF FEDERAL TRADE COMMISSION:

Michelle Schaefer

lsl

MICHELLE SCHAEFER (CO29I O)

Federal Tradc Commission

600 Pennsylvania Avenue. NW

Washington. DC 20580. Mail Drop CC-6316

(202) 326-3515 (Schaefer Tel.)

(202) 126-3197 {Fax)

mschaefer@fu.gov

FOR DEFENDANTS GOPALKRIS}IIA PAI A}iD F9 ADVERTISI:iG LLC

ls/ /./-'-

ANDRE\Y B. GORDON

MICHAEL BRAND\\'EIN

JOSEPH ESSES

CORDON LAW GROUP

{709 GOLF ROADSKOKIE. IL 60076

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Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 16 of 17
(8aD 580- 1279 (Tel.)

(817) 105- I 202 (Fax)

abg@gordonlawltd.com

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LI'IS SANCHEZ-BETANCF,S

SANCHEZ-BETANCES. STFRE & MTJNOZ.NOYA LAW OFFICES, PSC

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San Juan, PR 009364428

787-756-7880 (Tel.)

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DEFENDANTS COPALKRISHNA PAT AI{D F9 ADVERTISING LLC

SHNA PAI INDIVIDUALLY

AND AS AN OFFICER OF F9 ADVERTTSING LLC

l6

Case 3:19-cv-01174-DRD Document 58-1 Filed 10/10/23 Page 17 of 17