FILED

17 MAR 14 AM 10:28

KING COUNTY
1 SUPERIOR COURT CLERK
E-FILED
2 CASE NUMBER: 16-2-30379-0 SEA

7 STATE OF WASHINGTON
KING COUNTY SUPERIOR COURT
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10 STATE OF WASHINGTON, NO. 16-2-30379-0 SEA

11 Plaintiff, [PROPOSED] DEFAULT JUDGMENT
12 v.

13 MICHAEL-JON MATTHEW HICKEY CLERKS ACTION REQUIRED

f/d/b/a NEW SEATTLE TALENT; WEST
14 COAST TALENT, INC.; CASTING
SEATTLE; FMH MODELING; SEATTLE
15 TALENT; and ACTIVE
16 ENTERTAINMENT,

17 Defendant.

18 I. JUDGMENT SUMMARY
19 1.1 Judgment Creditor State of Washington

20 1.2 Judgment Debtors Michael-Jon Matthew Hickey

21 1.3 Principal Judgment Amount: $332,201.38
22 a. Cost and Fees: $32,201.38
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b. Civil Penalties: $300,000.00
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1.4 Unpaid principal judgment 12 percent per annum
25 amount shall be an interest at:

26

DEFAULT JUDGMENT - 8 ATTORNEY GENERAL OF WASHINGTON

CONSUMER PROTECTION DIVISION
800 FIFTH AVENUE, SUITE 2000
SEATTLE, WA 98104
(206) 464-7745
1 1.5 Attorney for Judgment Creditor: Andrea M. Alegrett & Leilani N. Fisher,
2 Assistant Attorneys General

3 1.6 Attorney for Judgment Debtor No appearance entered

Michael-Jon Matthew Hickey:
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II. ORDER
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2.1 This matter came before the Court on the State of Washingtons Motion for
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Entry of Default Judgment. The Court examined the papers and pleadings on file in this case,
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including the Order of Default entered by the Court on February 23, 2017, before entering the
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Judgment herein.
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2.2 Based on the pleadings and evidence presented, IT IS HEREBY ORDERED
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that Default Judgment is granted. The Order is entered as follows:
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III. FINDINGS OF FACT
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3.1 Defendant Michael-Jon Matthew Hickey (Hickey or Defendant) is an
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individual who operated a sole proprietorship through which he marketed and advertised
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talent recruiting services to Washington consumers. Defendant conducted his proprietorship
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using unregistered trade names, including New Seattle Talent, West Coast Talent Inc., Casting
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Seattle, FMH Modeling, Seattle Talent, and Active Entertainment. These trade names as used
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by Defendant are indistinct entities and collectively referred to as New Seattle Talent. As
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the sole proprietor, Defendant controlled the policies, activities, and practices of New Seattle
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Talent and has participate in or with knowledge approved the acts, practices, and activities
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that are the subject matter of this action.
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3.2 This Court has personal jurisdiction over Defendant pursuant to the Consumer
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Protection Act, RCW 19.86, because Defendant has conducted business in King County by
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soliciting Washington consumers in trade or commerce. Venue is proper in King County
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pursuant to RCW 4.12.020.
25

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DEFAULT JUDGMENT - 8 ATTORNEY GENERAL OF WASHINGTON

CONSUMER PROTECTION DIVISION
800 FIFTH AVENUE, SUITE 2000
SEATTLE, WA 98104
(206) 464-7745
1 3.3 Defendant perpetuated a business scam in which he marketed talent recruiting

2 services and solicited consumers for nonexistent jobs in order to obtain sex and nude photos

3 of women. Defendant has no professional talent recruiting experience and has never placed or

4 attempted to place women in jobs.

5 3.4 Defendant misrepresented to consumers that New Seattle Talent is a talent

6 recruiting agency that provides commercial services to women, including: matching

7 prospective actresses with job opportunities in the adult film industry; creating talent

8 portfolios for aspiring actresses; and distributing talent portfolios to potential employers in the

9 adult film industry. Defendant has never provided any of these services to consumers.

10 3.5 Defendant promoted his business by creating fake online profiles for a

11 nonexistent talent recruiter named Deja Stwalley. Defendant has used the Deja Stwalley

12 profiles to perpetuate his scam and to solicit women between the ages of 17 and 25 since at

13 least 2006.

14 3.6 Defendant further promoted his business by: soliciting women online through

15 his Deja Stwalley Facebook profile; creating fake consumer profiles on Facebook to endorse

16 New Seattle Talent; providing consumers with phone numbers, email addresses, and mailing

17 addresses designed to legitimize New Seattle Talent; and advertising New Seattle Talents

18 services at Defendants websites, including www.newseattletalent.com.

19 3.7 In the course of soliciting business, Defendant misrepresented to consumers that

20 they must apply for an audition with New Seattle Talent to qualify for the jobs advertised.

21 Defendant required prospective actresses to: submit an application form to New Seattle

22 Talent; Skype with Hickey; and provide photographs, sexual history, and a copy of their

23 drivers license to New Seattle Talent.

24 3.8 Defendant misrepresented to consumers that they must also audition in person

25 with New Seattle Talent to qualify for the jobs advertised. Defendant required prospective

26 actresses to: provide personal information by signing a photo release, completing a

DEFAULT JUDGMENT - 8 ATTORNEY GENERAL OF WASHINGTON

CONSUMER PROTECTION DIVISION
800 FIFTH AVENUE, SUITE 2000
SEATTLE, WA 98104
(206) 464-7745
1 questionnaire, and presenting a drivers license to Hickey; pose for a professional nude photo

2 shoot with Hickey, who Defendant falsely claimed was New Seattle Talents professional

3 photographer; and have sex with Hickey.

4 3.9 Defendant continued to mislead consumers after they auditioned. Defendant

5 misrepresented to prospective actresses that New Seattle Talent had disseminated talent

6 portfolios to prospective employers and that additional auditions with Hickey would improve

7 job prospects. Defendant never created talent portfolios or disseminated them to prospective

8 employers.

9 3.10 As a result of Defendants marketing and advertising activities at least six

10 consumers were subjected to Defendants unfair and deceptive business practices. As a result
11 of his conduct, these women suffered harm, including loss of job opportunity, time, effort,
12 money, and an intangible loss of bodily integrity and privacy. Women continue to suffer loss
13 of privacy because Hickey currently maintains sole control of photos that were obtained
14 through his business scam.
15 IV. CONCLUSIONS OF LAW
16 The Court has jurisdiction over the subject matter of this action and over the
17 parties hereto, and Plaintiffs Complaint states claims upon which relief may be granted.
18 The Attorney General has authority to bring this action pursuant to
19 RCW 19.86.080.
20 Defendants conduct described in Findings of Fact 3.1 through 3.10 is unfair or
21 deceptive because it has the capacity to mislead a substantial number of Washington
22 consumers.
23 Defendants conduct described in Findings of Fact 3.1 through 3.10 has violated
24 the Consumer Protection Act (CPA), RCW 19.86 et seq. and the Commercial Electronic Mail
25 Act, RCW 19.190, a per se CPA violation.
26

DEFAULT JUDGMENT - 8 ATTORNEY GENERAL OF WASHINGTON

CONSUMER PROTECTION DIVISION
800 FIFTH AVENUE, SUITE 2000
SEATTLE, WA 98104
(206) 464-7745
1 Plaintiff is entitled to a Decree ordering Defendant to pay the amounts certain

2 described herein.

3 Plaintiff is entitled to a Decree enjoining Defendants from the acts and practices

4 described herein.

5 V. JUDGMENT AND DECREE

6 5.1 The Court enters this judgment in accordance with the Findings of Fact and

7 Conclusions of Law made herein.

8 5.2 Defendant and all successors, assigns, transferees, officers, agents, servants,

9 employees, representatives, and all other persons in active concert or participation with the

10 Defendant is hereby enjoined and permanently restrained in the State of Washington, or from a

11 location outside of the State of Washington directed to a Washington resident (including

12 internet advertising or soliciting where Defendants advertising is available online in

13 Washington), from directly or indirectly engaging in any of the following unfair or deceptive

14 conduct in trade or commerce:

15 a. Promoting, marketing, advertising, or offering for sale any commercial

16 service related to talent recruiting, the adult entertainment industry, or helping models or

17 actresses secure paid employment.

18 b. Using phone numbers, email addresses, mailing addresses, websites,

19 Facebook profiles or other online services to carry out unfair or deceptive business practices.

20 c. Utilizing unfair and deceptive business practices to obtain personal

21 information, nude photos, and sex.

22 d. Misrepresenting Defendants identity through a website, e-mail, social

23 media account, or through any other means for commercial purposes.

24 e. Misrepresenting how Defendant utilizes, discloses, disseminates, or

25 stores photographs, videos, or other personal information he obtained for commercial purposes.

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DEFAULT JUDGMENT - 8 ATTORNEY GENERAL OF WASHINGTON

CONSUMER PROTECTION DIVISION
800 FIFTH AVENUE, SUITE 2000
SEATTLE, WA 98104
(206) 464-7745
1 f. Misrepresenting Defendants ability to help consumers obtain

2 employment in the adult entertainment industry.

3 g. Disseminating, including through a website or online platform, any

4 video or photograph of an individual obtained by Defendant through unfair or deceptive

5 business practices.

6 h. Disclosing, using, transferring, or benefitting from any personal

7 information that Defendant obtained through unfair or deceptive business practices.

8 i. Soliciting, requesting, or taking any action to induce a person to provide

9 personally identifiable information by using the internet to represent himself to be another

10 person without approval of such other person.

11 j. Otherwise violating the Consumer Protection Act (RCW 19.86) or

12 Commercial Electronic Mail Act (RCW 19.190).

13 5.3 Pursuant to RCW 19.86.080, Defendant shall to return all nude photos obtained

14 through the unfair and deceptive practices addressed to Washington consumers, including but

15 not limited to all physical and electronic copies, backups, or altered versions, or, in the

16 alternative destroy all such photos, including electronic and physical copies, backups, and

17 altered versions.

18 5.4 Pursuant to RCW 19.86.080, Defendant shall remove the nude photos obtained

19 through the unfair and deceptive practices addressed above from the internet and any other

20 public space where Defendant shared, posted, or stored the photos by October 1, 2017.

21 5.5 Pursuant to RCW 19.86.080, Defendant shall relinquish all rights and claims

22 over the nude photos obtained through the unfair and deceptive practices addressed above and

23 any versions of such photos, including all physical and electronic copies, backups, and altered

24 versions.

25 5.6 Pursuant to RCW 19.86.080, Defendant is ordered to pay Plaintiff, State of

26 Washington, its costs and reasonable attorneys fees for this action in the amount certain of

DEFAULT JUDGMENT - 8 ATTORNEY GENERAL OF WASHINGTON

CONSUMER PROTECTION DIVISION
800 FIFTH AVENUE, SUITE 2000
SEATTLE, WA 98104
(206) 464-7745
1 $32,201.38.

2 5.7 Pursuant to RCW 19.86.140, Defendant is ordered to pay Plaintiff, State of

3 Washington, a civil penalty of $300,000.00, an amount certain representing 150 violations of

4 RCW 19.86.020 and RCW 19.190.080.

5 5.8 All payments made to satisfy this Judgment shall be in the form of a valid check

6 paid to the order of the Attorney GeneralState of Washington. Payment shall be sent to the

7 Office of the Attorney General, Consumer Protection Division, Administrative Office

8 Manager, 800 Fifth Avenue, Suite 2000, Seattle, Washington 98104-3188.

9 5.9 Nothing in this Judgment may be construed as to limit or bar any other

10 governmental entity or any consumer in the pursuit of other remedies against Defendant.

11 5.10 Representatives of the Office of Attorney General are permitted, upon

12 reasonable notice to Defendant, to access and inspect all business records or documents under

13 the control of Defendant to monitor compliance with the terms of this Judgment.

14 5.11 Pursuant to RCW 19.86.140, any violation of the terms of this Judgment will

15 form the basis for further enforcement proceedings, including, but not limited to, contempt of

16 Court proceedings and forfeiture of the civil penalty of up to Twenty-five Thousand Dollars

17 ($25,000.00) for violations committed after the date of this Judgment.

18 5.12 The violation of any of the injunctive terms of this Judgment will also constitute

19 a violation of RCW 19.86.020.

20 5.13 Jurisdiction is retained for the purpose of enabling Plaintiff to apply to the Court

21 for further restitution and for the enforcement of compliance with the terms of this Judgment.

22 DATED this _______ day of March, 2017, at Seattle, Washington.

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25 SUPERIOR COURT JUDGE/COMMISSIONER
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DEFAULT JUDGMENT - 8 ATTORNEY GENERAL OF WASHINGTON

CONSUMER PROTECTION DIVISION
800 FIFTH AVENUE, SUITE 2000
SEATTLE, WA 98104
(206) 464-7745
1 Presented by:

2 ROBERT W. FERGUSON
Attorney General
3

4
s/Andrea Alegrett
5 ANDREA M. ALEGRETT, WSBA #50236
Assistant Attorney General
6 Attorneys for Plaintiff, State of Washington
s/Leilani Fisher
LEILANI N. FISHER, WSBA #48233
Assistant Attorney General
Attorneys for Plaintiff, State of Washington

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DEFAULT JUDGMENT - 8 ATTORNEY GENERAL OF WASHINGTON

CONSUMER PROTECTION DIVISION
800 FIFTH AVENUE, SUITE 2000
SEATTLE, WA 98104
(206) 464-7745
 King County Superior Court
Judicial Electronic Signature Page

Case Number: 16-2-30379-0

Case Title: WASHINGTON STATE OF VS HICKEY ET AL

Document Title: DEFAULT JUDGMENT

Signed by: Ken Schubert

Date: 3/14/2017 10:28:21 AM

Judge/Commissioner: Ken Schubert

This document is signed in accordance with the provisions in GR 30.

Certificate Hash: B3CCC17BEB9A4E74398B810537AC5D3A185E71B8
Certificate effective date: 7/29/2013 12:37:57 PM
Certificate expiry date: 7/29/2018 12:37:57 PM
Certificate Issued by: C=US, E=kcscefiling@kingcounty.gov, OU=KCDJA,
O=KCDJA, CN="Ken
Schubert:rumaiXr44hGoUkM4YYhwmw=="

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