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FTC v INTERNATIONAL TELEMEDIA ASSOCIATES INC Click to find out why . . .



Keywords & Phrases
CaseNo: FVITAI224052, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, Plaintiff: FTC, State: GA Georgia, UniqueCaseRef: LCD>FVITAI224052, Online, Federal Trade Commission, Ita, David Peterson, Act, Complaint, Online Consulting Group, Receivership Defendant, Ftc, Audiotext Services, Ftc Act, United States, Subscriber, Judgement, Practices, Relief, Entry, Equitable Relief, Receiver, Officers, Employees, International Telemedia, Charges, Consumers, Toll-free, Injunction, Permanent Injunction, Arjuna Diaz, Telephone Bills, Telephone-billed Transaction, Commission, Assets, Temporary Restraining Order, Deceptive Acts, Matter, Pursuant , ContentID: 120247461

Case Documents
1   TEMP RESTRAINING ORDER
[ see first page and extracted highlights below  ] ItemID: 117795
13 pages
HTML
2   STIP FINAL JUDGMENT - DEFS ONLINE CONSULTING
[ see first page and extracted highlights below  ] ItemID: 117794
19 pages
PDF
3   STIP FINAL JUDGMENT - DEF ENGLE
[ see first page and extracted highlights below  ] ItemID: 117793
14 pages
PDF
4   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 117792
11 pages
HTML
Total Documents: 4 documents , 57 pages
Price: $ 34.95


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1 . TEMP RESTRAINING ORDER

EXTRACTED KEY WORDS
RECEIVERSHIP DEFENDANT
COURT
FEDERAL TRADE COMMISSION
BUSINESS
ACT
RECEIVER
OFFICERS
INJUNCTION
ASSETS
UNITED STATES
TEMPORARY RESTRAINING ORDER
EQUITABLE RELIEF
ITA
MATTER
PURSUANT
ONLINE CONSULTING GROUP
COMPLAINT
SUBSIDIARIES
ACCOUNTS
SUCCESSORS
AFFILIATES
INTERNATIONAL TELEMEDIA
ARJUNA DIAZ
DAVID PETERSON
POSSESSION
EMPLOYEES
UNITED STATES DISTRICT
REQUESTS
AUDIOTEXT SERVICES
                        UNITED STATES DISTRICT COURT
                        NORTHERN DISTRICT OF GEORGIA

                         FEDERAL TRADE COMMISSION,

                                 Plaintiff,

                                     v.

   INTERNATIONAL TELEMEDIA ASSOCIATES, INC., also doing business as ITA;
    ARJUNA DIAZ, a/k/a RONALD P. DIAZ, individually and as an officer of
       International Telemedia Associates, Inc.; GERARD ROBERT ENGLE,
   individually and as an officer of International Telemedia Associates,
       Inc.; ONLINE CONSULTING GROUP, INC.; and DAVID PETERSON, JR.,
      individually and as an officer of Online Consulting Group, Inc.,

                                Defendants.

                              CIVIL ACTION NO.
                                1:98-CV-1935

                        TEMPORARY RESTRAINING ORDER
                        WITH OTHER EQUITABLE RELIEF

   Plaintiff, the Federal Trade Commission ("Commission"), having filed
   its complaint for a permanent injunction and other relief in this
   matter, pursuant to Sections 13(b) and 19(a) of the Federal Trade
   Commission Act ("FTC Act"), 15 U.S.C. §§ 53(b) and 57b(a), and the
   Telephone Disclosure and Dispute Resolution Act of 1992 ("TDDRA"), 15
   U.S.C. § 5701 et. seq., having moved for an ex parte Temporary
   Restraining Order pursuant to Rule 65 of the Federal Rules of Civil
   Procedure, (Fed. R. Civ. P. 65), and for other equitable relief,
   including appointment of a receiver, an asset freeze, expedited
   discovery and an order to show cause why a preliminary injunction
   should not issue, and the Court having considered the complaint,
   declarations, exhibits, and memorandum of law filed in support
   thereof, and now being advised in the premises finds that:

   1. This Court has jurisdiction of the subject matter of this case and
   there is good cause to believe it has jurisdiction of all parties
   hereto;

   2. There is good cause to believe that the Commission will ultimately
   succeed in establishing that defendants have engaged and are likely to
   engage in acts and practices that violate Section 5(a) of the FTC Act,
   15 U.S.C. § 45(a), and the Federal Trade Commission Trade Regulation
   Rule entitled "Trade Regulation Rule Pursuant to the Telephone
   Disclosure and Dispute Resolution Act of 1992" (the "900-Number
SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • INTERNATIONAL TELEMEDIA ASSOCIATES, INC., also doing business as ITA; ARJUNA DIAZ, a/k/a
  • WITH OTHER EQUITABLE RELIEF
  • Plaintiff, the Federal Trade Commission, having filed its complaint for a permanent
  • This Court has jurisdiction of the subject matter of this case and there is good cause to
  • There is good cause to believe that immediate and irreparable damage to the Commission's
  • There is good cause to appoint a temporary receiver for defendant Online Consulting Group,
  • No security is required of any agency of the United States for issuance of a restraining
  • "ITA defendants" means International Telemedia Associates, Inc., Arjuna Diaz, a/k/a Ronald P.
  • "Online defendants" means Online Consulting Group, Inc, David Peterson, Jr., and each of them
  • "Audiotext services" means information and entertainment services offered over the telephone
  • Assume full control of the receivership defendant by removing defendant David Peterson,
  • Collect, marshal, and take custody, control and possession of all the funds, property,
  • F. A statement identifying all complaints received by the receivership defendant, its
  • The receiver shall file with the court and serve on the parties periodic requests for the

  • 2 . STIP FINAL JUDGMENT - DEFS ONLINE CONSULTING

    EXTRACTED KEY WORDS
    DAVID PETERSON
    FEDERAL TRADE COMMISSION
    ONLINE CONSULTING GROUP
    COURT
    FTC ACT
    JUDGEMENT
    ENTRY
    COMPLAINT
    PERMANENT INJUNCTION
    BUSINESS
    PLAINTIFF FEDERAL TRADE
    DISPUTE RESOLUTION
    TELEPHONE-BILLED TRANSACTION
    ARJUNA DIAZ
    COUNSEL
    RECEIVERSHIP DEFENDANT
    AUDIOTEXT SERVICE
    VIOLATING
    MISREPRESENTATION
    COMPLIANCE
    PARAGRAPH
    UNITED STATES
    REPRESENTATIVES
    EMPLOYEES
    SUBSCRIBER
    PROVISION
    A/K/A RONALD
    TELEPHONE DISCLOSURE
    PROMOTING
    
                                                   UNITED STATES DISTRICT COURT
                                                  NORTHERN DISTRICT OF GEORGIA
    
    
    FEDERAL TRADE COMMISSION,                                                                          
                                                                                                      )
                                                    Plaintiff,                                         
                            v.                                                                         
                                                                                                       
    INTERNATIONAL TELEMEDIA ASSOCIATES, INC.,                                                          
    also doing business as ITA;                                                                        
                                                                                                       
    ARJUNA DIAZ, a/k/a RONALD P. DIAZ, individually and  )
    as an officer of International Telemedia Associates, Inc.;                                         
                                                                                                       
    GERARD ROBERT ENGLE, individually and                                                 )
    as an officer of International Telemedia Associates, Inc.;                                         
                                                                                                       
    ONLINE CONSULTING GROUP, INC.; and                                                                 
                                                                                                       
    DAVID PETERSON, JR., individually and                                                              
    as an officer of Online Consulting Group, Inc.,                                       )
                                                                                                       
                                                    Defendants.                                        
                                                                                                      )
    
                                              STIPULATED FINAL JUDGMENT AND
                                     ORDER FOR PERMANENT INJUNCTION AS TO
                                  DEFENDANTS ONLINE CONSULTING GROUP, INC.
                                                       AND DAVID PETERSON, JR.
    
                Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), has filed its
    
    permanent injunction and other relief pursuant to Sections 13(b) and 19 of the Federal Trade
    
    Act ("FTC Act"), 15 U.S.C. §§ 53(b) and 57b, and the Telephone Disclosure and Dispute Resolution Act
    
    of 1992 ("TDDRA"), 15 U.S.C. § 5701 et seq., charging, inter alia, defendants Online Consulting
    
    
    
    
    D:\3Online Order.wpd                                                         1
    
    
    
    Inc. and David Peterson, Jr. with violating Section 5 of the FTC Act, 15 U.S.C. § 45 and the FTC's
    
    900-Number Rule, 16 C.F.R. Part 308.
    
    SNIPPETS:
  • ARJUNA DIAZ, a/k/a RONALD P. DIAZ, individually and)
  • permanent injunction and other relief pursuant to Sections 13and 19 of the Federal Trade
  • Act, 15 U.S.C. §§ 53and 57b, and the Telephone Disclosure and Dispute Resolution Act
  • Plaintiff Federal Trade Commission and defendants Online Consulting Group,
  • Peterson, Jr., by and through counsel, have agreed to the entry of this Stipulated Final
  • Group, Inc. and David Peterson, Jr., having requested the Court to enter this Order,
  • affecting commerce, as defined in the FTC Act, 15 U.S.C. § 44.
  • "Audiotext Service" means any information or entertainment service offered over the telephone
  • "LEC" or "local exchange carrier" means the local telephone company from which a line
  • "Telephone-billed transaction" means any purchase or purported purchase of a good or service
  • and enjoined from advertising, promoting, offering, providing or assisting others in
  • Any misrepresentation about the price of such service or transaction,
  • from violating the 900-Number Rule, 16 C.F.R. Part 308, as currently promulgated or as it may
  • back collect for the provision of audio information or entertainment services.
  • V shall be construed to supersede Paragraph I of this Order.
  • defendant"), and of all the funds, properties, premises, accounts and other assets directly
  • Maintain full control of the receivership defendant and collect, marshal, and take custody,
  • including, without limitation, members and employees of the receiver's firm, to assist,
  • the business of the receivership defendant and the scope of the receiver's activities.
  • Judgment in the amount of THREE MILLION AND FIVE HUNDRED THOUSAND
  • used shall be deposited in the United States Treasury.
  • any of the allegations of the Complaint.
  • in order that compliance with the provisions of this
  • Through the use of representatives posing as consumers, potential clients and suppliers to

  • 3 . STIP FINAL JUDGMENT - DEF ENGLE

    EXTRACTED KEY WORDS
    COMMISSION
    EMPLOYEES
    BUSINESS
    FTC
    COMPLAINT
    COURT
    COMPLIANCE
    TELEPHONE-BILLED TRANSACTION
    DIRECTS
    FEDERAL TRADE
    FTC ACT
    ENTRY
    CONSUMER
    HEREBY
    PROVIDER
    PURPOSES
    REPRESENTATIVES
    UNITED STATES
    SUBSCRIBER
    PERMANENT INJUNCTION
    JUDGEMENT
    PERSONNEL
    AUDIOTEXT SERVICE
    PROVISION
    PARTIES
    NORTHERN DISTRICT
    OFFICER
    REFUND REQUEST
    RESPONSE
    
                                                   UNITED STATES DISTRICT COURT
                                                  NORTHERN DISTRICT OF GEORGIA
    
    
    FEDERAL TRADE COMMISSION,                                                             )
                                                                                                      )
                                                    Plaintiff,                                         
                            v.                                                                         
                                                                                                       
    INTERNATIONAL TELEMEDIA ASSOCIATES, INC.,                                                          
    also doing business as ITA;                                                                        
                                                                                                       
    ARJUNA DIAZ, a/k/a RONALD P. DIAZ, individually and  )
    as an officer of International Telemedia Associates, Inc.;                                         
                                                                                                       
    GERARD ROBERT ENGLE, individually and                                                              
    as an officer of International Telemedia Associates, Inc.;                                         
                                                                                                       
    ONLINE CONSULTING GROUP, INC.; and                                                                 
                                                                                                       
    DAVID PETERSON, JR., individually and                                                              
    as an officer of Online Consulting Group, Inc.,                                       )
                                                                                                       
                                                    Defendants.                                        
                                                                                                      )
    
                                              STIPULATED FINAL JUDGMENT AND
                                     ORDER FOR PERMANENT INJUNCTION AS TO
                                            DEFENDANT GERARD ROBERT ENGLE
    
                Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), filed its Complaint
    
    permanent injunction and other relief pursuant to Sections 13(b) and 19 of the Federal Trade
    
    Commission Act ("FTC Act"), 15 U.S.C. §§ 53(b) and 57b, charging, inter alia, defendant Gerard
    
    Robert Engle ("Defendant") with violating Section 5 of the FTC Act, 15 U.S.C. § 45.  The FTC and
    
    Defendant, by and through counsel,  have agreed to the entry of this Stipulated Final Judgment and
    
    
    FINAL JUDGMENT AND ORDER                                                     1
    
    
    
    Order for Permanent Injunction ("Order") by this Court to resolve all disputed matters between them
    
    this action.
    
    
    SNIPPETS:
  • permanent injunction and other relief pursuant to Sections 13and 19 of the Federal Trade
  • Commission Act ("FTC Act"), 15 U.S.C. §§ 53and 57b, charging, inter alia, defendant Gerard
  • NOW, THEREFORE, the FTC and Defendant having asked the Court to enter this Order,
  • IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows:
  • Venue is proper as to all parties in the Northern District of Georgia.
  • The activities of Defendant are in or affecting commerce, as defined in the FTC Act, 15 U.S.C.
  • The Complaint states a claim upon which relief may be granted against Defendant under
  • binding upon Defendant, his agents, servants, employees, and upon those persons in active
  • "Audiotext Service" means any information or entertainment service offered over the telephone
  • "Defendant" means Gerard Robert Engle, individually and as an officer of International
  • "Line subscriber" or "subscriber" means an individual or entity who has arranged with a LEC to
  • "Telephone-billed transaction" means any purchase or purported purchase of a good or service
  • provider advertises, promotes, directs, controls, or provides the content of communications
  • Judgment in the amount of Ten Thousand Dollars is hereby entered in favor of the
  • consumer redress and/or disgorgement and for paying any attendant expenses of administering
  • days after receiving notice of the entry of this Order,
  • For purposes of this Paragraph and any subsequent proceedings to enforce payment,
  • MAINTENANCE OF BUSINESS RECORDS
  • A dated copy of the written complaint, inquiry or refund request, if any, and
  • Each response and the date of the response;
  • in order that compliance with the provisions of this
  • investigating Defendant's and his Representatives' compliance with any provision of this
  • responding to consumer complaints or inquiries, and all sales personnel, whether designated as
  • I am a citizen of the United States and am over the age of eighteen.
  • No.1-98-CV-1935 in the United States District Court for the Northern District of Georgia.

  • 4 . COMPLAINT

    EXTRACTED KEY WORDS
    ITA
    DEFENDANTS
    ACT
    COMPLAINT
    FTC
    AUDIOTEXT SERVICES
    BUSINESS
    PRACTICES
    RELIEF
    SUBSCRIBER
    COURT
    CHARGES
    CONSUMERS
    FEDERAL TRADE COMMISSION
    TOLL-FREE
    TELEPHONE BILLS
    INTERNATIONAL TELEMEDIA
    DECEPTIVE ACTS
    GERARD ROBERT ENGLE
    PLAINTIFF
    NUMEROUS INSTANCES
    ADVERTISEMENTS
    ITA REPRESENTATIVES
    UNITED STATES
    ONLINE CONSULTING GROUP
    DAVID PETERSON
    EQUITABLE RELIEF
    INJUNCTIVE RELIEF
    VENDOR CLIENTS
    
                            UNITED STATES DISTRICT COURT
                            NORTHERN DISTRICT OF GEORGIA
    
                             FEDERAL TRADE COMMISSION,
    
                                     Plaintiff,
    
                                         v.
    
       INTERNATIONAL TELEMEDIA ASSOCIATES, INC., also doing business as ITA;
        ARJUNA DIAZ, a/k/a RONALD P. DIAZ, individually and as an officer of
           International Telemedia Associates, Inc.; GERARD ROBERT ENGLE,
       individually and as an officer of International Telemedia Associates,
           Inc.; ONLINE CONSULTING GROUP, INC.; and DAVID PETERSON, JR.,
          individually and as an officer of Online Consulting Group, Inc.,
    
                                    Defendants.
    
                               CIVIL NO. 1:98-CV-1935
    
                         COMPLAINT FOR PERMANENT INJUNCTION
                             AND OTHER EQUITABLE RELIEF
    
       Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), for
       its Complaint alleges:
    
       1. The FTC brings this action under Sections 13(b) and 19 of the
       Federal Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 53(b) and 57b,
       and the Telephone Disclosure and Dispute Resolution Act of 1992
       ("TDDRA"), 15 U.S.C. § 5701 et seq., to obtain preliminary and
       permanent injunctive relief, restitution, disgorgement, and other
       equitable relief for defendants' unfair or deceptive acts or practices
       in violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), and
       the FTC's 900-Number Rule, 16 C.F.R. Part 308.
    
                               JURISDICTION AND VENUE
    
       2. Subject matter jurisdiction is conferred upon this Court by 15
       U.S.C. §§ 45(a), 53(b), 57b, 5711, and 28 U.S.C. §§ 1331, 1337(a), and
       1345.
    
       3. Venue in this district is proper under 15 U.S.C. § 53(b) and 28
       U.S.C. §§ 1391(b) and (c).
    
                                    THE PARTIES
    
       4. Plaintiff, the Federal Trade Commission, is an independent agency
       of the United States Government created by statute. 15 U.S.C. § 41 et
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • INTERNATIONAL TELEMEDIA ASSOCIATES, INC., also doing business as ITA; ARJUNA DIAZ, a/k/a
  • COMPLAINT FOR PERMANENT INJUNCTION
  • AND OTHER EQUITABLE RELIEF
  • Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), for its Complaint alleges:
  • The FTC brings this action under Sections 13and 19 of the Federal Trade Commission Act, 15
  • Plaintiff, the Federal Trade Commission, is an independent agency of the United States
  • The Commission enforces Section 5of the FTC Act, 15 U.S.C. § 45, which prohibits unfair or
  • The FTC also enforces the 900-Number Rule, which regulates the advertising, operation,
  • The Commission may initiate federal district court proceedings to enjoin violations of the
  • Defendant International Telemedia Associates, Inc., ("ITA"), also doing business as ITA, is a
  • Defendant Gerard Robert Engle is the President of ITA.
  • Defendant David Peterson, Jr., is the President and sole owner of Online.
  • At all times material to this complaint, defendants' course of business, including the acts
  • For the purpose of this complaint, "Local Exchange Carrier" or "LEC" means the local
  • For the purpose of this complaint, "service vendor" or "vendor" means an entity that offers
  • For the purpose of this complaint, "billing aggregator" means an entity that, on behalf of
  • Online's advertisements urge consumers to call specified telephone numbers with "800" or
  • It is widely understood by consumers that 800 and 888 number telephone calls are "toll-free"
  • In numerous instances, the Online representative does not disclose, in a manner likely to be
  • In addition to arranging with the LECs to have charges for its vendor clients' services
  • As a general matter, when a line subscriber or the line subscriber's representative calls ITA
  • Absent injunctive relief by this Court, defendants are likely to continue to injure
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