The defendants are also permanently enjoined from distributing its customer lists, except as authorized by court order, and are required to meet specific conditions if they want to tape sales calls. Lastly, the order includes provisions requiring the defendants to keep records, monitor their sales practices and those of their employees and agents, authorizing the Commission to access company records and providing other means by which their compliance with the order's terms can be verified. In addition, if the defendants are found to have misrepresented their financial situation, the order will allow the FTC to seek the full payment for all consumer damage incurred. The Commission vote to authorize staff to file the complaint and stipulated final judgment was 5-0, with Commissioners Orson Swindle and Thomas B. Leary dissenting to Part III.F of the order, which requires the defendants to obtain consumers' written authorization on a specified form before debiting their credit card or checking account for any product or service. This stipulated final judgment is for settlement purposes only and does not constitute an admission by the defendants of a law violation.
Consent judgments have the force of law when signed by the judge.
The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. The FTC enters Internet, telemarketing, identity theft and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.