The opinion of the court was delivered by: CHARLES BREYER, District Judge
STIPULATED FINAL JUDGMENT AND
ORDER FOR PERMANENT
INJUNCTION AND OTHER EQUITABLE
WHEREAS plaintiff, the United States of America, has commenced this
action by filing the Complaint herein; Defendants have waived service of
the Summons and Complaint; the
parties have been represented by the attorneys whose names appear
hereafter; and the parties have agreed to settlement of this action upon
the following terms and conditions, without adjudication of any issue of
fact or law, and without admitting liability for any of the matters
alleged in the Complaint;
THEREFORE, upon stipulation of Plaintiff and Defendants, it is hereby
ORDERED, ADJUDGED, AND DECREED as follows:
1. This Court has jurisdiction of the subject matter and of the
2. The Complaint states a claim upon which relief may be granted
against the Defendants under Sections 5(a)(1), 5(m)(1)(A), 13(b), and
16(a) of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1),
45(m)(1)(A), 53(b), and 56(a).
3. "American Idol Show" means the television program titled "American
Idol: The Search for a Superstar," produced and co-owned by
FremantleMedia North America, Inc., and 19 TV Limited, or their
successors or assigns.
4. "Clearly and prominently," unless otherwise specifically defined in
this Stipulated Final Judgment and Order for Permanent Injunction and
Other Equitable Relief "Order"), means:
(a) In an advertisement communicated through an electronic medium (such
as television, video, radio, and interactive media such as the telephone,
Internet, and online services), the message shall be presented
simultaneously in both the audio and video portion of he advertisement.
The audio message shall be delivered in a volume and cadence sufficient
for in ordinary consumer to hear and comprehend it. The video message
shall be of a size and shade, and shall appear on the screen for a
duration, sufficient for an ordinary consumer to read and comprehend it.
In addition to the foregoing, in interactive media the message shall also
be unavoidable and shall be presented prior to the consumer incurring any
financial obligation, Provided that, in any advertisement presented
solely through video or audio means, the message
nay be conveyed through the same means in which the ad is presented
(b) In a print advertisement, the message shall be in a type size,
location, and in print hat contrasts with the background against which it
appears, sufficient for an ordinary consumer o notice, read, and
comprehend it. In a multi-page document, the message shall appear on the
(c) Nothing contrary to, inconsistent with, or in mitigation of the
disclosure shall be used in any advertisement.
5. "Commerce" shall mean as defined in Section 4 of the Federal Trade
Commission Act, 15 U.S.C. § 44.
6. The "Commission" or "FTC" means the Federal Trade Commission.
7. "Complementary Number Program" means a marketing technique whereby a
seller employs telephone numbers, Internet addresses, or other
communication addresses similar o current or previous telephone numbers,
Internet addresses, or other communication addresses of other
organizations or persons ("Intended Contacts") that consumers frequently
contact, in an effort to market goods, services, or investments to
persons who mistakenly contact the seller rather than the Intended
8. "Complementary Number or Address" means any telephone number,
Internet address, or other communication address actually leased or
utilized by persons conducting a Complementary Number Program.
9. A "corresponding provision" of the Pay-Per-Call Rule, 16 CF.R. Part
308, refers o any duly enacted regulation that amends, augments or
replaces the provision to which `corresponding provision" refers.
10. "Defendants" means Thomas Gregory Parrish, Scan K. Angeletti, John
P. Stairs, Telemarketing, Inc., Apex Investments, LLC, and Universal
Innovations, LLC, each of them individually or in combination, and any
entity through which any of them does business.
11. "Directory Assistance" means a service that, by any means, merely
an inquiring person telephone numbers, Internet addresses, or other
address information of a third party.
12. "Document" is equal in scope and synonymous in meaning with the
usage of the term in Federal Rule of Civil Procedure 34(a), and includes
writings, drawings, graphs, charts, photographs, audio and video
recordings, computer records, and other data compilations from which
information can be obtained and translated, if necessary, into reasonably
usable form through ...