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1
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STIPULATED FINAL JUDGMENT - TURIANSKY
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EXTRACTED KEY WORDS
COMMISSION CONSUMER COMPLAINT COURT GOODS FTC FEDERAL TRADE COMMISSION HEREBY SALES ENTRY PERMANENT AUTHORIZATION JUDGEMENT BUSINESS PAYMENT TELEMARKETING MATERIALS PLAINTIFF FTC BILLING INFORMATION MARKETING MATERIALS PERFORMANCE BOND REPRESENTATION AGREEMENT DISCLOSURE CREDIT CARD DISTRICT COURT EMPLOYEES CONNECTION JURISDICTION |
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 01-8922 CIV-ZLOCH
FEDERAL TRADE COMMISSION,
Plaintiff, STIPULATED FINAL JUDGMENT AND
vs. ORDER FOR PERMANENT INJUNCTION
AND MONETARY SETTLEMENT
IRA SMOLEV, et al., FOR DEFENDANT BRUCE TURIANSKY
Defendants.
/
THIS MATTER is before the Court upon the Stipulated Final
Judgment and Order For Permanent Injunction and Monetary
Settlement for Defendant Bruce Turiansky, bearing file stamp of
the Clerk of the Court dated , filed herein
by the Plaintiff, the Federal Trade Commission (hereinafter
"FTC" or "Commission") and the Defendant Bruce Turiansky.
Plaintiff FTC and Defendant Bruce Turiansky have agreed to
the entry of this Stipulated Final Judgment and Order for
Permanent Injunction and Monetary Settlement ("Order") by this
Court to resolve all matters of dispute between the settling
parties with respect to the conduct alleged in the Complaint (DE
1) in this action.
NOW, THEREFORE, Plaintiff FTC and Defendant Bruce Turiansky,
having requested the Court to enter this Order,
IT IS HEREBY ORDERED AND ADJUDGED as follows:
FINDINGS
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2
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STIPULATED FINAL JUDGMENT
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EXTRACTED KEY WORDS
CONSUMER COMMISSION IRA SMOLEV SALE PURSUANT TELEMARKETING COURT FTC ACT COMPLAINT ACCOUNT FEDERAL TRADE COMMISSION ENTRY GOODS PERMANENT AUTHORIZATION ESCROW ACCOUNT TRIAD DISCOUNT MEMBERSHIP SERVICES TELEMARKETING SALES RULE MARKETING MATERIALS PLAINTIFF FEDERAL TRADE CORPORATE DEFENDANTS BILLING INFORMATION TPM AGREEMENT TRUST ACCOUNT ENFORCEMENT EMPLOYEES |
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
Case No. __________CIV_________________
FEDERAL TRADE COMMISSION,
Plaintiff,
vs.
IRA SMOLEV, et al.,
Defendants.
____________________________________/
STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION
AND MONETARY SETTLEMENT
Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), has 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, and the Telemarketing and Consumer
Fraud and Abuse Prevention Act ("Telemarketing Act"), 15 U.S.C. §§ 6101 et seq., charging
Defendants with violating 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.
Plaintiff Federal Trade Commission and Defendants have agreed to the entry of this
Final Judgment and Order for Permanent Injunction and Monetary Settlement ("Order") by this Court
to resolve all matters of dispute between the settling parties with respect to the conduct alleged
complaint in this action. Defendants Triad Discount Buying Service, Inc., Member Service of
L.L.C., Orchid Associates, L.L.C., and Premier Membership Services, L.L.C., on September 29,
2000, filed for reorganization under Chapter 11 of the Bankruptcy Code, on June 29, 2001, filed
First Amended Joint Chapter 11 Plan, and, on August 7, 2001, filed their Second Amended Joint
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3
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COMPLAINT
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EXTRACTED KEY WORDS
CONSUMERS DEFENDANTS DELAWARE CORPORATION BUYING SERVICE THIRD PARTY TELEMARKETERS AMERICA MARKETING FTC ACT TRANSACTED BUSINESS FEDERAL TRADE COMMISSION MEMBER SERVICE FLORIDA CORPORATION PREMIER MEMBERSHIP SERVICES CREDIT CARD TRIAD DISCOUNT BUYING CAMINO GARDENS BLVD BOCA RATON DELAWARE LIMITED LIABILITY NUMEROUS INSTANCES TSR TRIAL MEMBERSHIP DECEPTIVE ACTS PREMIER CLUB SERVICES RESIDENTS RESOURCE NETWORK REVENUE SOLUTIONS SPANISH RIVER INVESTORS BACKEND COMPANY SHOPPERS EDGE TRIAD MARKETING GROUP |
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
Case No. __________-CIV-__________________
FEDERAL TRADE COMMISSION,
Plaintiff,
vs.
IRA SMOLEV,
BRUCE TURIANSKY,
RICHARD KAYLOR,
TRIAD DISCOUNT BUYING SERVICE, INC.,
a Florida corporation,
MEMBER SERVICE OF AMERICA, L.L.C.,
a Nevada corporation,
ORCHID ASSOCIATES, L.L.C.,
a Florida corporation,
PREMIER MEMBERSHIP SERVICES, L.L.C.,
a Delaware corporation,
INTER*ACT TRAVEL, INC.,
a Florida corporation,
INTER*ACT COMMUNICATIONS, INC.,
a Utah corporation,
CONSUMER DATA DEPOT, L.L.C.,
a Delaware corporation,
EREVENUE PARTNERS, L.L.C.,
a Delaware corporation,
FAR SERVICES, L.L.C.,
a Delaware corporation,
LINDEN INVESTMENTS, L.L.C.,
a Delaware corporation,
LYNSTROM INFORMATION SERVICE, L.L.C.,
a Delaware corporation,
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APPENDIX C
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EXTRACTED KEY WORDS
DEFENDANTS MARKETING MEMBERSHIP GOODS PARTNER COMPLAINT AUTHORIZATION PAYMENT SALES ACCOUNT BILLING INFORMATION MATERIALS CREDIT CARD DISCLOSURE TRIAL PERIOD AGREEMENT THIRD PARTY COURT ORDER IRA SMOLEV PREMIER MEMBERSHIP SERVICES ADVERTISEMENT TELEMARKETING OBLIGATION CANCELLATION REQUEST REPRESENTATION VERIFIABLE AUTHORIZATION PERFORMING CUSTOMER SERVICE RECEIVING FORMULATING |
APPENDIX C
SUMMARY OF COURT ORDER ENTERED IN FTC V. IRA SMOLEV, ET AL
ON [INSERT THE DATE OF THE ORDER'S ENTRY]
DEFINITIONS
1. "Defendants" means, unless otherwise specified, Triad Discount Buying Service, Inc., Member
Service of America, L.L.C., Orchid Associates, L.L.C., Premier Membership Services,
L.L.C., Inter*Act Travel, Inc., Inter*Act Communications, Inc., Consumer Data Depot,
L.L.C., Erevenue Partners, L.L.C., Far Services, L.L.C., Linden Investments, L.L.C.,
Lynstrom Information Service, L.L.C., Premier Club Services, L.L.C., Premier Marketing
Services of America, L.L.C., Residents Resource Network, L.L.C., Revenue Solutions,
L.L.C., Spanish River Investors, L.L.C., The Backend Company of America, Inc., The
Shoppers Edge, L.L.C., Triad Marketing Group, Inc, and Tritell of Nevada, L.L.C., and their
successors and assigns, and Ira Smolev.
2. "Assisting others" means knowingly providing any of the following services to any person or
entity: (a) performing customer service functions for any person or entity, including, but
limited to, receiving or responding to consumer complaints; (b) formulating or providing, or
arranging for the formulation or provision of, any telephone sales script or any other
material for any person or entity; (c) performing marketing services of any kind for any
or entity, or (d) providing credit card merchant processing accounts, or otherwise providing
access to a billing and collection system, such as a credit card, checking, savings, share or
similar account, utility bill, telephone bill, mortgage loan account or debit card.
3. "Billing information" means any data that describes, constitutes or provides access to a
and collection system, such as a credit card, checking, savings, share or similar account,
bill, telephone bill, mortgage loan account or debit card.
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APPENDIX B
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EXTRACTED KEY WORDS
IRA SMOLEV AMERICA PREMIER COMMISSION DEFENDANTS SWORN AFFIDAVIT DISTRICT COURT TRIAD MEMBER SERVICE INVESTMENTS MARKETING SPANISH RIVER BACKEND COMPANY SHOPPERS EDGE MARKETING GROUP TRITELL NEVADA JUDGEMENT PERMANENT INJUNCTION MONETARY SETTLEMENT DECLARE PENALTY PERJURY LAWS FOREGOING CITY COMMISSION EXPIRES |
APPENDIX B
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION
Case No. __________CIV_________________
FEDERAL TRADE COMMISSION,
Plaintiff,
vs.
IRA SMOLEV, et al.,
Defendants.
____________________________________/
AFFIDAVIT OF IRA SMOLEV
I, Ira Smolev, being duly sworn, hereby states and affirms as follows:
1. My name is Ira Smolev. My current residence address is ___________________.
am a citizen of the United States and am over the age of eighteen. I have personal knowledge of the
facts set forth in this Affidavit.
2. I am a defendant, and President and/or CEO of the following named corporate
defendants, in FTC v. Ira Smolev, et al. (United States District Court for the Southern District of
Florida): Triad Discount Buying Service, Inc., Member Service of America, L.L.C., Orchid
Associates, L.L.C., Premier Membership Services, L.L.C., Inter*Act Travel, Inc., Inter*Act
Communications, Inc., Consumer Data Depot, L.L.C., Erevenue Partners, L.L.C., Far Services,
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L.L.C., Linden Investments, L.L.C., Premier Club Services, L.L.C., Premier Marketing Services of
America, L.L.C., Residents Resource Network, L.L.C., Revenue Solutions, L.L.C., Spanish River
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APPENDIX A
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EXTRACTED KEY WORDS
SMOLEV FTC ESCROW ACCOUNT ASSETS ESCROW AGENT TELEMARKETING BUSINESS ACT ESCROW AGREEMENT MARKETABLE SECURITIES JUDGMENT/COURT ORDER PARTIES CONSUMER REDRESS PAID DISGORGEMENT PROVISION SALE DISTRIBUTING PURSUANT PROMOTING OFFERING SELLING ENGAGING PARTICIPATING ASSISTING FUNDS ACCORDANCE DEPOSIT CASH SIGNATORY |
APPENDIX A
ESCROW AGREEMENT
THIS ESCROW AGREEMENT, made and entered into this ____ day of _______, 2001, by
and between Ira Smolev (hereinafter "Smolev"); and the Federal Trade Commission, an agency of the
United States of America, by and through ____________________ (herein called "FTC"); and
________________ (herein called "Escrow Agent");
WITNESSETH:
WHEREAS, the FTC has filed its complaint in FTC v. Smolev, et al., Civ. Action
No.___________ (SD FL); and
WHEREAS, the FTC and Smolev have entered into a Stipulated Final Judgment and Order for
Permanent Injunction and Monetary Settlement (herein called "Order") in that matter, a copy of which
is attached hereto and marked Attachment A; and
WHEREAS, the Order provides that Smolev, whether directly, in concert with others, or
through any business entity or other device, is permanently enjoined from (a) advertising,
offering for sale, selling or distributing to the general public any product or service, (b)
participating in the business of telemarketing, or (c) assisting others to engage in or participate
business of telemarketing, unless at least two (2) weeks prior to such activities, he establishes,
and maintains an escrow account, under the terms and conditions specified in the Order;
NOW, WHEREFORE, in accordance with the terms of the Order, the terms of which are
incorporated herein by reference, the parties covenant and agree as follows:
1. Smolev must establish an escrow account at ________________, to be styled Smolev
Escrow Account, _________________, Escrow Agent. Smolev shall deposit into the Escrow
Account a sum of One Million Five Hundred Thousand Dollars ($1,500,000) in cash or marketable
securities that have been specifically approved by the FTC's Associate Director for Enforcement;
provided that the assets held in the escrow account established and maintained pursuant to Part XVII
of the FTC order issued in Synchronal Corp., et al., Docket 9251 (Oct. 28, 1991) (herein called
"Synchronal order"), will be transferred, in partial satisfaction of this Part, into the Smolev
Account (herein called "Escrow Account") and thereafter subject to this Escrow Agreement.
2. The Escrow Agent shall be the sole signatory on the Escrow Account and access to the
funds or marketable securities, as well as any accrued interest, dividends and distributions, held
account (herein referred to as "Escrow Account Assets") shall be solely through the Escrow Agent.
The parties to this Escrow Agreement acknowledge that, upon the signing of this Agreement, Smolev
relinquishes to the Escrow Agent, all legal title to the Escrow Account Assets. Until and unless
Page 1 of 3
Escrow Account is terminated as provided for herein, Smolev agrees to make no claim to or demand
for the return of the Escrow Account Assets, directly or indirectly, through counsel or otherwise;
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