Federal Trade Commission v. Apartment Hunters, Inc.

          FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF AS TO ALL DEFENDANTS

          HONORABLE ANDREW J. GUILFORD UNITED STATES DISTRICT JUDGE

         Plaintiff, the Federal Trade Commission (“Commission” or “FTC”), filed its Complaint pursuant to Section 13(b) of the FTC Act, 15 U.S.C. § 53(b) (Docket No. 1), and moved for summary judgment on all counts against all Defendants (Docket No. 77). The Court granted summary judgment to the FTC (Docket No. 91), and now issues this Final Judgment and Order for Permanent Injunction and Other Equitable Relief against Defendants.

         IT IS ORDERED:

         DEFINITIONS

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

         A. “Corporate Defendants”

         Means Apartment Hunters, Inc., also d/b/a WeTakeSection8.com, ApartmentHunterz.com, and FeaturedRentals.com; Real Estate Data Solutions, Inc.; Rental Home Listings Inc.; UAB Apartment Hunters LT; and their successors and assigns.

         B. “Defendants”

         Means Corporate Defendants, Kevin Shayan, and Steven Shayan, individually, collectively, or in any combination.

         ORDER

         I. Ban on Marketing Rental Listings

         It is ordered that Defendants are permanently restrained and enjoined from advertising, marketing, promoting, offering, selling, or assisting others in advertising, marketing, promoting, offering, or selling, subscriptions for or access to the listing of a dwelling for rent, including a single-family home, townhouse, apartment, or condominium unit.

         Provided, however, that this Order does not prohibit Defendants from listing properties that any Defendant owns for rent.

         II. Prohibition Against Misrepresentations

         It is further ordered that Defendants, Defendants' officers, agents, employees, attorneys, and all other persons, in active concert or participation with them, who receive actual notice of this Order, whether acting directly or indirectly, in connection with advertising, marketing, promoting, offering, or selling of any good or service are permanently restrained and enjoined from misrepresenting, or assisting others in misrepresenting, expressly or by implication: the total cost; any material restriction, limitation, or condition; any material aspect of its performance, efficacy, nature, or central characteristics; the nature or terms of a refund or cancellation; or any other material fact.

         III. Monetary Provisions

         It is further ordered that:

         A. Judgment in the amount of Six Million Thirty-Seven Thousand Six Hundred Eighty-Six Dollars and Ninety-Nine Cents ($6, 037, 686.99) is entered in favor of the Commission against ...