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Federal Trade Commission v. Frontier Publishing

October 14, 2011

FEDERAL TRADE COMMISSION, PLAINTIFF,
v.
FRONTIER PUBLISHING, INC., A CORPORATION, ALSO D/B/A AMERICAN DATA GROUP; AND WILLIAM J. CLAYTON, INDIVIDUALLY AND AS AN OFFICER OF FRONTIER PUBLISHING, INC., DEFENDANTS.



FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AND MONETARY RELIEF

The parties, Plaintiff Federal Trade Commission and Defendants Frontier Publishing, Inc., a corporation, also d/b/a American Data Group; and William J. Clayton, having agreed in the Stipulation Concerning Final Judgment and Order for Permanent Injunction and Other Equitable Relief to entry of this Order, hereby request that the Court enter this Order to resolve all matters in dispute in this action between them. Defendants have waived service of the Summons and Complaint.

THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows:

FINDINGS

1. This Court has jurisdiction over the subject matter of this case and over the parties pursuant to 15 U.S.C. §§ 45(a) and 53(b), and 28 U.S.C. §§ 1331, 1337(a) and 1345.

2. Venue in this District is proper under 15 U.S.C. §53(b) and 28 U.S.C. §§ 1391(b) and (c).

3. The activities of Defendants, as alleged in the Complaint, are in or affecting commerce, as defined in Section 4 of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 44.

4. The Complaint states a claim upon which relief may be granted under Sections 5(a) and 13(b) of the FTC Act, 15 U.S.C. §§ 45(a) and 53(b).

5. Defendants have entered into this Order freely and without coercion. Defendants further acknowledge that they have read the provisions of this Order and are prepared to abide by them.

6. Defendants waive all rights to seek judicial review or otherwise challenge or contest the validity of this Order. Defendants further waive and release any claim they may have against the Commission and its employees, representatives or agents.

7. Defendants waive any claims 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 the entry of this Order.

8. Defendants, in consenting to the entry of this Order, do not admit the allegations of the Complaint other than the jurisdictional facts.

9. The parties agree, for purposes of facilitating resolution of this matter, that entry of this Order is in the public interest.

DEFINITIONS

For purposes of this Order, the following definitions shall apply:

1. "Assisting others" includes, but is not limited to: (a) performing customer service functions, including, but not limited to, receiving or responding to consumer complaints; (b) formulating or providing, or arranging for the formulation or provision of, any marketing material; (c) providing names of, or assisting in the generation of lists of, potential customers; (d) performing marketing or billing services of any kind; (e) processing credit and debit card payments; or (f) acting or serving as an owner, officer, director, manager, or principal of any entity.

2. "Corporate Defendant"means Frontier Publishing, Inc., d/b/a American Data Group, and its successors and assigns.

3. "Defendants"means the Individual Defendant and the Corporate Defendant, individually, collectively, or in any combination.

4. "Employment Product or Service" means any good, service, plan, or program that is represented, expressly or by implication, to assist an individual in any manner to obtain employment and includes, but is not limited to: (a) employment listings; (b) study guides or test preparation materials; (c) job application processing services; (d) certifications or licenses; (e) job matching services; or (f) facilitating resume distribution and interviews, but does not include the placement of advertisements or listings for employment by any Defendant for positions offered by that Defendant or by any business of which such Defendant is the majority owner or which such Defendant directly or indirectly controls.

5. "FTC" or "Commission" means Federal Trade Commission. 6. "Inbound Telemarketing Call" means a telephone call initiated by a consumer to a telemarketer, during which the telemarketer attempts to induce the consumer to purchase any product or service.

7. "Individual Defendant" means William J. Clayton.

8. "Person"means a natural person, organization, or other legal entity, including a corporation, partnership, proprietorship, association, cooperative, or any other group or combination acting as an entity.

9. "Telemarketer" means any person who, in connection with telemarketing, initiates or receives telephone calls to or from a consumer.

10. "Telemarketing" means a plan, program, or campaign that is conducted to induce the purchase of products or services by means of the use of one or more telephones, including but not limited to inbound telemarketing calls.

11. The words "and" and "or" shall be understood to have both conjunctive and disjunctive meanings.

ORDER

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