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U.S. v. TELEMARKETING

April 1, 2004.

UNITED STATES OF AMERICA, Plaintiff,
v.
TELEMARKETING, INC., a Utah corporation, also d/b/a Univoxx; APEX INVESTMENTS, LLC, a Utah corporation, also d/b/a Operator Directory Service and Northwestern Atlantic; UNIVERSAL INNOVATIONS, LLC, a Utah corporation; THOMAS GREGORY PARRISH, individually and as an officer of Telemarketing, Inc.; SEAN K. ANGELETTI, individually, and as an officer of Telemarketing, Inc.; and JOHN P. STARRS, individually, Defendants



The opinion of the court was delivered by: CHARLES BREYER, District Judge

STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF
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 Page 2 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 parties.

  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).

  DEFINITIONS

  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 Page 3 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 first page.

  (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 Contact.

  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 provides to Page 4 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 ...


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