UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
THE FEDERAL TRADE COMMISSION, Plaintiff,
v.
KEVIN DRAKE, an individual, doing business as NEW CREDIT '98,
Defendant.
CIVIL ACTION NO.
COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF
Plaintiff, the Federal Trade Commission ("FTC" or "Commission") for
its Complaint alleges:
1. The Commission 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 Section 410(b) of the Credit Repair Organizations Act, 15
U.S.C. § 1679h(b), to obtain preliminary and permanent injunctive
relief, restitution, rescission, disgorgement and other equitable
relief for Defendant's deceptive acts or practices in connection with
the sale and offering for sale of credit repair products in violation
of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), and Section
404(a)(2) of the Credit Repair Organizations Act, 15 U.S.C.
1679b(a)(2).
JURISDICTION AND VENUE
2. This Court has jurisdiction of this matter pursuant to 28 U.S.C.
1331, 1337(a), 1345, and 15 U.S.C. §§ 53(b), 57b, and 1679h(b).
3. Venue in this District is proper under 28 U.S.C. § 1391 and 15
U.S.C. § 53(b).
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
seq. The Commission is charged, inter alia, with enforcement of
Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), which prohibits unfair
or deceptive acts or practices in or affecting commerce. The
Commission also enforces the Credit Repair Organizations Act. 15
U.S.C. §§ 1679h(a). The Commission is authorized to initiate federal
district court proceedings, by its own attorneys, to enjoin violations
of the FTC Act and the Credit Repair Organizations Act in order to
SNIPPETS:
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
THE FEDERAL TRADE COMMISSION, Plaintiff,
KEVIN DRAKE, an individual, doing business as NEW CREDIT '98,
COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF
the Federal Trade Commission for its Complaint alleges:
The Commission brings this action under Sections 13and 19 of the Federal Trade Commission
Section 404of the Credit Repair Organizations Act, 15 U.S.C.
The Commission is charged, inter alia, with enforcement of Section 5of the FTC Act, 15 U.S.C.
The Commission is authorized to initiate federal district court proceedings, by its own
Defendant Kevin Drake is an individual doing business as New Credit '98, with his office and
At all times relevant to this complaint, defendant has maintained a substantial course of
Since at least 1998, defendant has advertised, promoted, offered for sale, and sold credit
Defendant has claimed that he can improve consumers' credit histories, credit records, or
Defendant has further claimed that use of the TIN in this manner is legal.
Section 404of the Credit Repair Organizations Act prohibits all persons from making any
t to the consumer or to whom the consumer has applied or is applying for an extension of credit.
Sections 13and 19 of the FTC Act, 15 U.S.C. §§ 53and 57b, and Section 410of the Credit Repair
remedial measures.
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