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SHERMAN DIVISION
Plaintiff,
Plaintiff Federal Trade Commission (FTC) filed its Complaint for Permanent Injunction
and Other Equitable Relief (Complaint), pursuant to Section 13(b) of the Federal Trade
Commission Act (FTC Act), 15 U.S.C. 53(b), and Section 814 of the Fair Debt Collections
Practices Act (FDCPA), 15 U.S.C. 1692l. Having considered the FTC and Defendants Joint
Motion to Enter Stipulated Order (Dkt. #2), the Court hereby enters and renders this Order for
I. STIPULATIONS
C. Defendants neither admit nor deny any of the allegations in the Complaint, except
as specifically stated in this Order. Only for purposes of this action, Defendants
admit the facts necessary to establish jurisdiction.
D. Defendants waive any claim they may have under the Equal Access to Justice Act,
28 U.S.C. 2412, concerning the prosecution of this action through the date of this
Order, and agree to bear their own costs and attorney fees.
E. Defendants waive all rights to appeal or otherwise challenge or contest the validity
of this Order.
II. DEFINITIONS
C. Debt means any obligation or alleged obligation to pay money whether or not
such obligation has been reduced to judgment.
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 collecting on a debt, are
C. That failure to respond to collection letters may result in arrest warrants being
issued against Consumers;
E. That Consumers may be arrested at their home or work if they fail to promptly pay;
F. That Consumers may be handcuffed, placed in jail, and their vehicles impounded
if they fail to promptly pay;
G. That Defendants communications are from a governmental entity with the power
to enforce warrants;
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
collecting on a debt, unless, at the time of the representation, Defendants have a reasonable basis
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 collecting on
a debt covered by the FDCPA, are permanently restrained and enjoined from:
D. MONETARY JUDGMENT
C. Defendants relinquish dominion and all legal and equitable right, title, and interest
in all assets transferred pursuant to this Order and may not seek the return of any
assets.
D. The facts alleged in the Complaint will be taken as true, without further proof, in
any subsequent civil litigation by or on behalf of the FTC, including in a proceeding
to enforce its rights to any payment or monetary judgment pursuant to this Order,
such as a nondischargeability complaint in any bankruptcy case.
E. The facts alleged in the Complaint establish all elements necessary to sustain an
action by the FTC pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 11
U.S.C. 523(a)(2)(A), and this Order will have collateral estoppel effect for such
purposes.
G. All money paid to the FTC pursuant to this Order may be deposited into a fund
administered by the FTC or its designee to be used for equitable relief, including
Consumer redress and any attendant expenses for the administration of any redress
fund. If a representative of the FTC decides that direct redress to Consumers is
wholly or partially impracticable or money remains after redress is completed, the
FTC may apply any remaining money for such other equitable relief (including
Consumer information remedies) as it determines to be reasonably related to
Defendants practices alleged in the Complaint. Any money not used for such
equitable relief is to be deposited to the U.S. Treasury as disgorgement. Defendants
have no right to challenge any actions the FTC or its representatives may take
pursuant to this Subsection.
E. ORDER ACKNOWLEDGMENTS
Order:
A. Each Defendant, within seven (7) days of entry of this Order, must submit to the
FTC an acknowledgment of receipt of this Order sworn under penalty of perjury.
B. For twenty (20) years after entry of this Order, each Individual Defendant for any
business that he, individually or collectively with Corporate Defendant, is the
majority owner or controls directly or indirectly, and Corporate 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 conduct related to the subject matter of the Order; and (3) any
business entity resulting from any change in structure as set forth in the Section
titled Compliance Reporting. Delivery must occur within seven (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 thirty (30) days, a signed and dated
acknowledgment of receipt of this Order.
F. COMPLIANCE REPORTING
A. One (1) year after entry of this 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 FTC may use to communicate with Defendant;
(b) identify all of that Defendants 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 (which Individual Defendant must describe if he
knows or should know due to his own involvement); (d) describe in detail
whether and how that Defendant is in compliance with each Section of this
Order; and (e) provide a copy of each Order Acknowledgment obtained
pursuant to this Order, unless previously submitted to the FTC.
B. For twenty (20) years after entry of this Order, each Defendant must submit a
compliance notice, sworn under penalty of perjury, within fourteen (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 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.
C. Each Defendant must submit to the FTC notice of the filing of any bankruptcy
petition, insolvency proceeding, or similar proceeding by or against such Defendant
within fourteen (14) days of its filing.
D. Any submission to the FTC 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, signatorys full name, title (if applicable), and signature.
G. RECORDKEEPING
It is FURTHER ORDERED that Defendants must create certain records for twenty (20)
years after entry of the Order, and retain each such record for five (5) years. Specifically, each
Individual Defendant for any business that he, individually or collectively with Corporate
Defendant, is a majority owner or controls directly or indirectly, must create and retain the
following records:
G. All records necessary to demonstrate full compliance with each provision of this
Order, including all submissions to the FTC.
H. COMPLIANCE MONITORING
with this Order, including any failure to transfer any assets as required by this Order:
B. For matters concerning this Order, the FTC is authorized to communicate directly
with each Defendant. Defendants must permit representatives of the FTC to
interview any employee or other person affiliated with Defendants who has agreed
to such an interview. The person interviewed may have counsel present.
C. The FTC 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 FTCs
lawful use of compulsory process, pursuant to Sections 9 and 20 of the FTC Act,
15 U.S.C. 49 and 57b-1.
D. Upon written request from a representative of the FTC, any Consumer reporting
agency must furnish Consumer reports concerning an Individual Defendant,
pursuant to Section 604(1) of the Fair Credit Reporting Act, 15 U.S.C.
1681b(a)(1).
. I. RETENTION OF JURISDICTION
It is FURTHER ORDERED that the Court retains jurisdiction of this matter for purposes
IT IS SO ORDERED
SIGNED this 21st day of March, 2017.
___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
Case 4:17-cv-00168-ALM-KPJ Document 6 Filed 03/21/17 Page 9 of 32 PageID #: 120
ATTACHMENT A
Please note that the format of the text differs in minor ways from the
U.S. Code and Wests U.S. Code Annotated. For example, this version
uses FDCPA section numbers in the headings. In addition, the relevant
U.S. Code citation is included with each section heading. Although the
staff has made every effort to transcribe the statutory material accurately,
this compendium is intended as a convenience for the public and not a
substitute for the text in the U.S. Code.
Table of ConTenTs
801 Short title
802 Congressional findings and declaration of purpose
803 Definitions
804 Acquisition of location information
805 Communication in connection with debt collection
806 Harassment or abuse
807 False or misleading representations
808 Unfair practices
809 Validation of debts
810 Multiple debts
811 Legal actions by debt collectors
812 Furnishing certain deceptive forms
813 Civil liability
814 Administrative enforcement
815 Reports to Congress by the Bureau; views of other Federal
agencies
816 Relation to State laws
817 Exemption for State regulation
818 Exception for certain bad check enforcement programs
operated by private entities
819 Effective date
4:17-cv-00168-ALM-KPJ Document 6 Filed 03/21/17 Page 11 of 32 PageID #:
15 USC 1601 note 801. Short Title
This title may be cited as the Fair Debt Collection Prac-
tices Act.
15 USC 1692 802. Congressional findings and declaration of purpose
(a) Abusive practices
There is abundant evidence of the use of abusive, decep-
tive, and unfair debt collection practices by many debt
collectors. Abusive debt collection practices contribute to
the number of personal bankruptcies, to marital instability,
to the loss of jobs, and to invasions of individual privacy.
(b) Inadequacy of laws
Existing laws and procedures for redressing these injuries
are inadequate to protect consumers.
(c) Available non-abusive collection methods
Means other than misrepresentation or other abusive debt
collection practices are available for the effective collec-
tion of debts.
(d) Interstate commerce
Abusive debt collection practices are carried on to a sub-
stantial extent in interstate commerce and through means
and instrumentalities of such commerce. Even where
abusive debt collection practices are purely intrastate in
character, they nevertheless directly affect interstate com-
merce.
(e) Purposes
It is the purpose of this title to eliminate abusive debt col-
lection practices by debt collectors, to insure that those
debt collectors who refrain from using abusive debt col-
lection practices are not competitively disadvantaged, and
to promote consistent State action to protect consumers
against debt collection abuses.
(a) Venue
Any debt collector who brings any legal action on a debt
against any consumer shall
(1) in the case of an action to enforce an interest in real
property securing the consumers obligation, bring
such action only in a judicial district or similar legal
entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1),
bring such action only in the judicial district or similar
legal entity
(A) in which such consumer signed the contract sued
upon; or
(B) in which such consumer resides at the commence-
ment of the action.
(b) Authorization of actions
Nothing in this title shall be construed to authorize the
bringing of legal actions by debt collectors.
15 USC 1692k
813. Civil liability
(a) Amount of damages
Except as otherwise provided by this section, any debt col-
lector who fails to comply with any provision of this title
with respect to any person is liable to such person in an
amount equal to the sum of
(1) any actual damage sustained by such person as a result
of such failure;
(2) (A) in the case of any action by an individual, such
additional damages as the court may allow, but not
exceeding $1,000; or
(B) in the case of a class action,
(i) such amount for each named plaintiff as could
be recovered under subparagraph (A), and
(ii) such amount as the court may allow for all
other class members, without regard to a mini-
mum individual recovery, not to exceed the
lesser of $500,000 or 1 per centum of the net
worth of the debt collector; and
(3) in the case of any successful action to enforce the
foregoing liability, the costs of the action, together with
a reasonable attorneys fee as determined by the court.
On a finding by the court that an action under this sec-
banks;
(2) the Federal Credit Union Act [12 U.S.C. 1751 et seq.],
The terms used in paragraph (1) that are not defined in this
This title does not annul, alter, or affect, or exempt any per-
son subject to the provisions of this title from complying with
the laws of any State with respect to debt collection practices,
except to the extent that those laws are inconsistent with any
provision of this title, and then only to the extent of the incon-
sistency. For purposes of this section, a State law is not in-
consistent with this title if the protection such law affords any
consumer is greater than the protection provided by this title.
818. Exception for certain bad check enforcement programs 15 USC 1692p
legislaTive HisTory
House Report: No. 95-131 (Comm. on Banking, Finance, and Urban Affairs)
Senate Report: No. 95-382 (Comm. on Banking, Housing and Urban Affairs)
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