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Federal Trade Commission v. Fdn Solutions

May 25, 2012

FEDERAL TRADE COMMISSION,
PLAINTIFF,
v.
FDN SOLUTIONS, LLC A LIMITED LIABILITY COMPANY, ALSO D/B/A EVEREST DEBT SOLUTIONS, 1800DEBTSETTLEMENT.COM, AND EVERESTDEBTRELIEF.COM;
TIMOTHY DANIELS, INDIVIDUALLY AND AS AN OFFICER OF FDN SOLUTIONS, LLC,
DEFENDANTS.



The opinion of the court was delivered by: Josephine Staton Tucker United States District Judge

STIPULATED FINAL JUDGMENT AND ORDER

Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), has filed a Complaint for Permanent Injunction and Other Equitable Relief pursuant to Sections 13(b) and 19 of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 53(b) and 57b, and the Telemarketing and Consumer Fraud and Abuse Prevention Act ("Telemarketing Act"), 15 U.S.C. § 6101 et seq., to obtain permanent injunctive relief, restitution, rescission or reformation of contracts, the refund of monies paid, the disgorgement of ill-gotten monies, and other equitable relief for Defendants' acts or practices in violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), and the FTC's Telemarketing Sales Rule ("TSR"), 16 C.F.R. Part 310, in connection with the marketing and sale of debt relief services. The parties, by and through their respective counsel, have agreed to entry of this Stipulated Final Judgment and Order ("Order").

The parties having requested the Court to enter this Order, it is therefore ORDERED, ADJUDGED, AND DECREED as follows:

FINDINGS

1. This is an action by the FTC instituted under Sections 13(b) and 19 of the FTC Act, 15 U.S.C. §§ 53(b) and 57b. The Complaint seeks both permanent injunctive relief and equitable monetary relief for the Defendants' alleged deceptive practices as alleged therein.

2. The FTC has authority under Sections 13(b) and 19 of the FTC Act to seek the relief it has requested, and the Complaint states a claim upon which relief can be granted against the Defendants.

3. This Court has jurisdiction over the subject matter and over the parties. Venue is proper in this District under 28 U.S.C. § 1391(b) and (c), and 15 U.S.C. § 53(b).

4. The activities of Defendants, as alleged in the Complaint, are in or affecting commerce as "commerce" is defined in Section 4 of the FTC Act, 15 U.S.C. § 44.

5. The FTC and the Defendants stipulate and agree to entry of this Order, without trial or adjudication of any issue of fact or law, to settle and resolve all matters in dispute arising from the conduct alleged in the Complaint up to the date of the entry of this Order.

6. Defendants waive all rights to seek judicial review or otherwise challenge or contest the validity of this Order. Defendants also waive any claim that they may have held under the Equal Access to Justice Act, 28 U.S.C. § 2412, as amended by Pub. L. 104-121, 110 Stat. 847, 863-64 (1996), concerning the prosecution of this action up to the date of this Order. Defendants have waived service of the Summons and Complaint.

7. This Order is in addition to, and not in lieu of, any other civil or criminal remedies that may be provided by law.

8. Entry of this Order is in the public interest. ORDER

DEFINITIONS

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

A. "Assisting others" includes, but is not limited to:

1. performing customer service functions, including, but not limited to, receiving or responding to consumer complaints;

2. formulating or providing, or arranging for the formulation or provision of, any advertising or marketing material;

3. formulating or providing, or arranging for the formulation or provision of, any marketing support materials or services, which includes but is not limited to web addresses or Internet Protocol addresses for any Internet websites, telemarketing sales scripts, affiliate marketing services, or media placement services;

4. providing names of, or assisting in the generation of, potential customers;

5. performing marketing or billing services of any kind; and

6. acting or serving as an owner, officer, director, manager, or principal of any entity.

B. "Competent and reliable evidence" means tests, analyses, research, studies, or other evidence based on the expertise of professionals in the relevant area, that has been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results.

C. "Consumer" means any natural person.

D. "Corporate Defendant" means FDN Solutions, LLC, also d/b/a Everest Debt Solutions, 1800debtsettlement.com, and everestdebtrelief.com; and their successors and assigns.

E. "Customer" means any person who has paid, or may be required to pay, for products, services, plans, or programs offered for sale or sold by the Defendants.

F. "Debt relief service" means any product, service, plan, or program represented, expressly or by implication, to renegotiate, settle, or in any way alter the terms of payment or other terms of the debt between a consumer and one or more unsecured creditors or debt collectors, including, but not limited to, a reduction in the balance, interest rate, or fees owed by a consumer to an unsecured creditor or debt collector.

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

I. "Financial related product or service" means any product, service, plan or program represented, expressly or by implication, to:

H.

1. provide any consumer, arrange for any consumer to receive, or assist any consumer in receiving, credit, debit, or stored value cards;

2. improve, or arrange to improve, any consumer's credit record, credit history, or credit rating;

3. provide advice or assistance to any consumer with regard to any activity or service the purpose of which is to improve a consumer's credit record, credit history, or credit rating;

4. provide any consumer, arrange for any consumer to receive, or assist any consumer in receiving, a loan or other extension of credit; or

5. provide any consumer, arrange for any consumer to receive, or assist any consumer in receiving any service represented, expressly or by implication, to renegotiate, settle, or in any way alter the terms of payment or other terms of the debt between a consumer and one or more secured creditors, servicers, or debt collectors.

I. "Individual Defendant" means Timothy Daniels.

J. "Material" means likely to affect a person's choice of, or conduct regarding, goods or services.

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

L. "Tax relief product or service" means any good, service, plan, or program represented expressly or by implication to renegotiate, settle, or alter the terms of a tax ...


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