JS-6 Case 8:13-cv-00919-DOC-RNB Document 330 Filed 11/13/14 Page 1 of 22 Page ID #:8907 2 STEVEN W. BALSTER IL Bar No. 6189072, [email protected]JONATHAN L. KESSLER CO Bar No. 15094, jkessler@ftc.gov MARIA DEL MONACO 3 4 5 6 7 8 9 OH Bar No. 0067930, mdelmonaco@ftc.gov FEDERAL TRADE CO:MMlSSION 1111 Superior Avenue, Suite 200 Cleveland, OH 44114 Tel: 216-263-3455; Fax: 216-263-3426 STACY PROCTER (Local Counsel) CA Bar No. 221078, [email protected]FEDERAL TRADE COMMISSION 10 10877 Wilshire Boulevard, Suite 700 Los Angeles, CA 90024 1l Tel: 31 0-824-4343; Fax; 310-824-43 80 12 13 Attorneys for Plaintiff Federal Trade Commission 14 15 16 17 M. CANDICE BRYNER CA Bar No . 192462, [email protected]Law Offices of M. Candice Bryner 900 Roosevelt Irvine, CA 92620 (949) 371-9056 - TeJ. (949) 679-2492 - Fax Attorney for Defendants A to Z Marketing, Inc.; Apex Members, LLC; Apex Solutions, Inc .; Expert Processing Center, Inc.; Smart Funding Corp.; Ratan Baid, and Madhulika Baid 18 19 20 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) 21 FEDERAL TRADE CO:Ml\1ISSION, ) Case No. SACV13-919 DOC (RNBx) 22 Plaintiff, 23 VS. ) ) ) ) 24 A TO Z MARKETING, INC., a ) 25 Nevada corporation, also db a Client ) Services, et al., ) 26 ) 27 Defendants. ) 28 1 STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION AND SETTLEMENT OF CLAIMS
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Case 8:13-cv-00919-DOC-RNB Document 330 Filed 11/13/14 Page 1 of 22 Page ID #:8907
OH Bar No. 0067930, [email protected] FEDERAL TRADE CO:MMlSSION 1111 Superior Avenue, Suite 200 Cleveland, OH 44114 Tel: 216-263-3455; Fax: 216-263-3426
STACY PROCTER (Local Counsel) CA Bar No. 221078, [email protected] FEDERAL TRADE COMMISSION
10 10877 Wilshire Boulevard, Suite 700 Los Angeles, CA 90024 1l Tel: 31 0-824-4343; Fax; 310-824-43 80
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13 Attorneys for Plaintiff Federal Trade Commission
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M. CANDICE BRYNER CA Bar No. 192462, [email protected] Law Offices of M. Candice Bryner 900 Roosevelt Irvine, CA 92620 (949) 371-9056 - TeJ. (949) 679-2492 - Fax
Attorney for Defendants A to Z Marketing, Inc.; Apex Members, LLC; Apex Solutions, Inc.; Expert Processing Center, Inc.; Smart Funding Corp.; Ratan Baid, and Madhulika Baid
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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
) 21 FEDERAL TRADE CO:Ml\1ISSION, ) Case No. SACV13-919 DOC (RNBx)
22 Plaintiff,
23 VS.
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24 A TO Z MARKETING, INC., a ) 25 Nevada corporation, also db a Client )
Services, et al., ) 26 )
27 Defendants. ) 1~-------------------------
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STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION AND SETTLEMENT OF CLAIMS
Case 8:13-cv-00919-DOC-RNB Document 330 Filed 11/13/14 Page 2 of 22 Page ID #:8908
l This STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION AND
2 SETTLEMENT OF CLAIMS is between Plaintiff, Federal Trade Commission, and
3 Defendants A to Z Marketing, Inc.; Apex Members, LLC; Apex Solutions, Inc.;
4 Expert Processing Center, Inc.; Smart Funding Corp.; Ratan Baid; and Madhulika
5 Baid.
6 Plaintiff, the Federal Trade Commission ("FTC'' or "Commission"), filed its
7 COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF pursuant to Sections
8 13(b) and 19 of the Federal Trade Commission Act (''FTC Act"), 15 U.S.C.
9 §§ 53(b) and 57b, and the 2009 Omnibus Appropriations Act, Public Law 111-8,
10 Section 626~ 123 Stat. 524, 678 (Mar. 11, 2009) ("Omnibus Act"), as clarified by
11 the Credit Card Accountability Responsibility and Disclosure Act of2009, Public
Group; Interstate Law Group; Accredited Law Group; Backend Services, Inc.;
Nationwide Law Center; United States Law Center; Mortgage Modification
Center; and Emax Loans, Inc.
ORDER ACKNOWLEDGMENTS
IT IS FURTHER ORDERED that Defendants obtain acknowledgments of
receipt of this Order:
A. Each 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.
B. For 3 years after entry of this Order, each Individual Defendant for
any business that such Defendant, individually or collectively with
any other Defendants or any Non--Settling Defendan~ is the majority
owner or controls directly or indirectly, and each Corporate
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IX.
Defendant, must deliver a copy of this Order to: (1) all principals,
officers, directors, and LLC managers and members; (2) all
employees, agents, and representatives who participate in
telemarketing and/or the advertising, marketing, promotion, offering
for sale or sale of any financial product or service; and (3) 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 current personnel. 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 acknowledgement of receipt of this Order.
COMPLIANCE REPORTING
IT IS FURTHER ORDERED that Defendants make timely submissions to
the Commission:
A. One year after entry ofthis Order, each Defendant must submit a
compliance report, sworn under penalty of perjury:
1. Each 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 Internet addresses;
(c) describe the activities of each business, including the goods
and services offered, the means of advertising, marketing, and
sales, and the involvement of any other Defendant or Non-
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Settling Defendant (which Individual Defendant must describe
if they know or should know due to their own involvement); (d)
describe in detail whether and how that Defendant is in
compliance with each section oftbis Order; and (e) provide a
copy of each Order Acknowledgment obtained pursuant to this
Order, unless previously submitted to the Commission.
u. Additionally, each Individual 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, and any ownership.
B. For 10 years after entry of this 01·der, each Defendant must submit a
compliance notice, sworn under penalty of perjury, within 14 days of
any change in the following:
1. Each Defendant must report any change in: (a) any designated
point of contact; or (b) the structure of any Corporate Defendant
or any entity that Defendant has any ownership 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.
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11. Additionally, each Individual 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. Each Defendant must submit to the Commission notice of the filing of
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
with28 U.S.C. § 1746, such as by concluding: "I declare under
penalty of perjury under the laws ofthe 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.
E. Unless otherwise directed by a Commission representative in writing,
all submissions to the Commission pursuant to this Order must be
emailed to [email protected] 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:
FTCv. A to ZMarketing, Jnc.J et al. , Case No. SACV13-919-DOC
(RNBx) (C.D. Cal.) [FTC File No. Xl30049].
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Case 8:13-cv-00919-DOC-RNB Document 330 Filed 11/13/14 Page 19 of 22 Page ID #:8925
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RECORD KEEPING
IT IS FURTHER ORDERED that Defendants must create certain records
for 10 years after entry of this Order, and retain such records for 5 years.
Specifically, CoiJJorate Defendants and each Individual Defendant for any
business that such Defendant, individually or collectively with any other
Defendants or Non-Settling Defendants, is a majority owner or controls
directly or indirectly, must create and retain the following 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 othetwise, 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;
D. 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
COMPLIANCE MONITORING
IT IS FURTHER ORDERED that~ for purposes of monitoring Defendants '
compliance with this Order:
A. Within 14 days of receipt of a written request from a representative of
the Commissio~ each Defendant must: submit additional compliance
reports or other requested information, which must be sworn under
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ase 8:13-cv-00919-DOC-RNB Document 330 Filed 11/13/14 Page 20 of 22 Pag 10 #:8926
penalty of perjury; appear for depositions; and produce documents for
inspection and copying. The Commission is also authorized to obtajn
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 concemingthis Order, the Commission is authorized to
communicate directly with each Defendant. Defendant must pennit
representatives of the Commission to interview any employee or other
person affiliated with any Defendant who l1as agreed to such an
interview. The person interviewed may have counsel present.
C. The Commission may use all other lawful means, including posing,
through its representatives as consumers, suppliers, or other
individuals or entities, to Defendants or any individual or entity
affiliated with 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 of the FTC
Act, 15 U.S.C. §§ 49, 57b- l.
19 RETENTION OF JURISDICTION
20 IT IS FURTHER ORDERED that this Court retains jurisdiction of this
21 matter for purposes of construction, modification, and enforcement of this
22 Order.
23 13th November
24 SO ORDERED tbis ____ day of ________ , 2014
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U NITED STATES DISTRICT JUDGE
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Case 8:13-cv-00919-DOC-RNB Document 330 Filed 11/13/14 Page 21 of 22 Page ID #:8927
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25 . }'or Defendant Apex Solutions, Inc.
2.6 '11 /~7= ~ /~· · 27,, 2s I
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I For Defendant Ratan Baid I l -) /~.1: L--.J )~ RATANBAID
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j For Defendant MadhuHka Baid ! I
j '}_A . J /) . () , j_ . -u_ • J ' v. lO~.tJJ'~ fC>lOJCA__ j ?v1ADHULlKA BAlD
ll For Defendant Expert Processing Center~ Inc.
I I R.J:: .<---J /3.~ ' I RATAN BAlD, Authorize<f Signatory
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Case 8:13-cv-00919-DOC-RNB Document 330 Filed 11/13/14 Page 22 of 22 Page ID #:8928
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RAT AN BAlD, Authorized Signatory CANDICE BRYNER Law Offices ofM. Candice Bryner A Professional Cof.P.oration Attom~y for Defenaants RAT AN BAlD, MADHULJKA BAlD, A TO Z MARKETING, INC., APEX l\1EMBERS LLC, APEX SOLUTION'S, INC., EXPERT PROCESSINGhl£IC._, AND SMART FUNDING COKY.