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FTC v MAG-TOPIA INC Click to find out why . . .


Keywords & Phrases
CaseNo: FVMTI89286, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, Plaintiff: FTC, State: CA California, UniqueCaseRef: LCD>FVMTI89286, Act, Telemarketing, Consumers, Prize, Commission, Ftc Act, Federal Trade Commission, Telemarketing Sales Rule, Robert Flarida, Relief, Telemarketing Sales, Judgement, Mti, Prize Promotion, Practices, Defendant Robert, Promotion, Violations, Money Order, Consumers Pay, Complaint, Violation, Salespeople, Amount, District, Entry, Consumer Redress, Request, Sales, Numerous Instances, Employees, Permanent, Redress, Purposes, Agents, Directors, Account, Injunction, Equitable Relief, Magazine, Award , ContentID: 120247489

Case Documents
1   STIPULATED FINAL JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 117866 		7 pages
HTML
2   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 117865 		7 pages
PDF
3   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 117864 		7 pages
HTML
Total Documents: 3 documents , 21 pages
Price: $ 29.95


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1 . STIPULATED FINAL JUDGMENT

EXTRACTED KEY WORDS 
ROBERT FLARIDA
JUDGEMENT
DEFENDANT ROBERT
FEDERAL TRADE COMMISSION
BUSINESS
ENTRY
COURT
SALES
EMPLOYEES
ACT
PROMOTION
PERMANENT
REDRESS
ATTORNEYS
COMPLAINT
TELEMARKETING
PRIZE PROMOTION
PURPOSES
AGENTS
DIRECTORS
ACCOUNT
CONSUMER REDRESS
RELIEF
FTC ACT
HEREBY
OFFICERS
REPRESENTATIVES
ASSETS
SOLICITATION

                    IN THE UNITED STATES DISTRICT COURT
                   FOR THE CENTRAL DISTRICT OF CALIFORNIA

                         FEDERAL TRADE COMMISSION,

                                 Plaintiff,

                                     v.

                MAG-TOPIA, INC. ("MTI") and ROBERT FLARIDA,

                                Defendants.

                       Case No. SACV 97-447AHS (ANx)

                         STIPULATED FINAL JUDGMENT
                          AND ORDER FOR PERMANENT
                      INJUNCTION AND CONSUMER REDRESS
                           AGAINST ROBERT FLARIDA


   STEPHEN CALKINS
   General Counsel

   ANN I. JONES
   RUSSELL S. DEITCH

   Federal Trade Commission
   11000 Wilshire Blvd., Ste. 13209
   Los Angeles, California 90024
   (310) 235-4040

   TARA M. FLYNN

   Federal Trade Commission
   6th Street & Pennsylvania Avenue, N.W.
   Room H-238
   Washington, D.C. 20580
   (202) 326-3710

   Attorneys for Plaintiff

   On May 19, 1997, Plaintiff Federal Trade Commission ("Commission"),
   filed a complaint for permanent injunction and other relief in this
   matter, 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 Abuse Prevention Act, 15 U.S.C.
   6101 et. seq., against Mag-Topia, Inc. ("MTI") and Robert Flarida
SNIPPETS:
  • FEDERAL TRADE COMMISSION,
  • MAG-TOPIA, INC. and ROBERT FLARIDA,
  • AND ORDER FOR PERMANENT
  • INJUNCTION AND CONSUMER REDRESS
  • Attorneys for Plaintiff
  • On May 19, 1997, Plaintiff Federal Trade Commission, filed a complaint for permanent
  • Plaintiff alleged in its complaint that Defendants violated Section 5 of the FTC Act, 15
  • The Commission and Defendant Robert Flarida, by and through counsel, have agreed to the entry
  • IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:
  • The complaint states a claim upon which relief may be granted against Defendant under
  • This Final Judgment does not constitute and shall not be interpreted to constitute either an
  • For purposes of this Order, "Defendant" means Robert Flarida, and his successors, assigns,
  • The term does not include the solicitation of sales through the mailing of a catalog which: catalog and during those calls takes orders only without further solicitation.
  • RELEASE OF ASSETS
  • IT IS FURTHER ORDERED that by signing this Stipulated Final Judgment and Order Defendant
  • IT IS FURTHER ORDERED that Defendant Robert Flarida, is hereby permanently enjoined from
  • Provide representatives of the Commission, upon reasonable notice and without restraint or

    • 2 . COMPLAINT

    		EXTRACTED KEY WORDS 
    ACT
PRIZE
TELEMARKETING
DEFENDANTS
PROMOTION
FTC ACT
VIOLATION
TELEMARKETING SALES RULE
TELEMARKETING SALES
MTI
COMMISSION
PRACTICES
RELIEF
CONSUMERS PAY
MONEY ORDER
SALESPEOPLE
AMOUNT
FEDERAL TRADE COMMISSION
AFFECTING COMMERCE
COURT
TRANSACTS
PRIZE WORTH
REQUEST
MAGAZINES
DISCLOSE
ENFORCEMENT
DISTRICT
CONSUMER REDRESS
TRANSACTED BUSINESS

     1 STEPHEN CALKINS
       General Counsel
 2 ANN I. JONES
 3 RUSSELL S. DEITCH
       Federal Trade Commission
 4 11000 Wilshire Blvd., Suite 13209
       Los Angeles, CA 90024
 5 (310) 235-4040
 6 TARA M. FLYNN
       Federal Trade Commission
 7 6th Street and Pennsylvania Avenue, N.W.
       Washington, DC 20580
 8 (202) 326-3710

 9 ATTORNEYS FOR PLAINTIFF
       FEDERAL TRADE COMMISSION
10                                                 UNITED STATES DISTRICT COURT
11                                      FOR THE CENTRAL DISTRICT OF CALIFORNIA
12
                                                                        )
13 FEDERAL TRADE COMMISSION,                                              ))
14                           Plaintiff,                                   )
                                                                          )  CIVIL NO.
15                                      v.                                )
                                                                          )
16 MAG-TOPIA, INC. ("MTI") and                                            )   COMPLAINT FOR
       ROBERT FLARIDA,                                                    )   AND OTHER EQUITABLE
17                                                                        )
                  Defendants.                                             )
18                                                                       )

19                Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), for its
20                1.         The FTC brings this action under Sections 13(b) and 19 of the Federal
21 Commission Act ("FTC Act"), 15 U.S.C. §§ 53(b) and 57b, and the Telemarketing and Consumer
22 Fraud and Abuse Prevention Act ("Telemarketing Act"), 15 U.S.C. § 6101  et seq., to obtain
23 preliminary and permanent injunctive relief, rescission or reformation of contracts, restitution,
24 disgorgement, appointment of a receiver, and other equitable relief for defendants' unfair or
25 acts or practices in violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), and the
26 Commission's Telemarketing Sales Rule, 16 C.F.R. Part 310.
27
28                                                                               1



 1                                       JURISDICTION AND VENUE
 2           2.      This Court has subject matter jurisdiction over this matter pursuant to 28

 3 §§ 1331, 1337(a), and 1345 and 15 U.S.C. §§ 53(b), 57b, 6102(c), and 6105(b).
 4           3.      Venue in the Central District of California is proper under §§ 28 U.S.C. §
    SNIPPETS:
  • Federal Trade Commission
  • 21 Commission Act, 15 U.S.C. §§ 53and 57b, and the Telemarketing and Consumer
  • 24 disgorgement, appointment of a receiver, and other equitable relief for defendants' unfair
  • 26 Commission's Telemarketing Sales Rule,
  • enforcement of Section 5of the FTC Act, 15 U.S.C. § 45, which prohibits unfair or deceptive
  • 12 federal district court proceedings to enjoin violations of the FTC Act in order to secure
  • 13 relief as is appropriate in each case, and to obtain consumer redress.
  • 16 MTI transacts or has transacted business in this District.
  • promotion scheme in the guise of a prize promotion.
  • The defendants' salespeople telephone
  • consumers, many of them senior citizens, throughout the United States and notify them that
  • The MTI salespeople typically inform these
  • 11 pay a processing fee and send a check or money order to MTI by overnight mail.
  • 12 salespeople request as a processing fee ranges from $250.00 to $900.00.
  • 13 MTI's salespeople instruct consumers to write "magazines" or "magazine package" on the memo
  • 17 requested amount of money.
  • promotions will receive a prize worth more than the amount that consumers pay to the
  • 10 constitute deceptive acts or practices in violation of Section 5of the FTC Act,
  • 21 disclose, in a clear and conspicuous manner and before a customer pays for goods or

    • 3 . COMPLAINT

    		EXTRACTED KEY WORDS 
    CONSUMERS
ACT
DEFENDANTS
PRIZE
FTC ACT
TELEMARKETING SALES RULE
PRIZE PROMOTION
FEDERAL TRADE COMMISSION
VIOLATIONS
TELEMARKETING SALES
RELIEF
MTI
PRACTICES
COURT
MONEY ORDER
NUMEROUS INSTANCES
PLAINTIFF
DISTRICT
CONSUMERS PAY
COMPLAINT
INJUNCTION
EQUITABLE RELIEF
MAGAZINE
SALESPEOPLE
AWARD
AMOUNT
SELLERS
REQUEST
PAYMENT

                            UNITED STATES DISTRICT COURT
                   FOR THE CENTRAL DISTRICT OF CALIFORNIA

                         FEDERAL TRADE COMMISSION,

                                 Plaintiff,

                                 CIVIL NO.

                                     v.

                MAG-TOPIA, INC. ("MTI") and ROBERT FLARIDA,

                                Defendants.

                          COMPLAINT FOR INJUNCTION
                         AND OTHER EQUITABLE RELIEF


   STEPHEN CALKINS
   General Counsel

   ANN I. JONES
   RUSSELL S. DEITCH

   Federal Trade Commission
   11000 Wilshire Blvd., Suite 13209
   Los Angeles, CA 90024
   (310) 235-4040

   TARA M. FLYNN

   Federal Trade Commission
   6th Street and Pennsylvania Avenue, N.W.
   Washington, DC 20580
   (202) 326-3710

   ATTORNEYS FOR PLAINTIFF
   FEDERAL TRADE COMMISSION

   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 Telemarketing and Consumer Fraud and Abuse Prevention Act
   ("Telemarketing Act"), 15 U.S.C. § 6101 et seq., to obtain preliminary
   and permanent injunctive relief, rescission or reformation of
    SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • FOR THE CENTRAL DISTRICT OF CALIFORNIA
  • FEDERAL TRADE COMMISSION,
  • COMPLAINT FOR INJUNCTION
  • AND OTHER EQUITABLE RELIEF
  • ATTORNEYS FOR PLAINTIFF FEDERAL TRADE COMMISSION
  • Plaintiff, the Federal Trade Commission, for its Complaint alleges:
  • The FTC brings this action under Sections 13and 19 of the Federal Trade Commission Act, 15 nd the Commission's Telemarketing Sales Rule, 16 C.F.R. Part
  • The Commission is charged, inter alia, with enforcement of Section 5of the FTC Act, 15 U.S.C.
  • The Commission also enforces the Telemarketing Sales Rule, which prohibits deceptive and
  • The Commission is authorized to initiate federal district court proceedings to enjoin
  • Defendant Robert Flarida is president and sole owner of defendant MTI.
  • At all times relevant to this complaint, the defendants have maintained a substantial course
  • Defendants MTI and Robert Flarida have operated a magazine promotion scheme in the guise of a
  • The defendants' salespeople telephone consumers, many of them senior citizens, throughout the
  • MTI's salespeople instruct consumers that in order to receive their prize, they must pay a
  • The amount MTI's salespeople request as a processing fee ranges from $250.00 to $900.00.
  • In numerous instances, MTI's salespeople instruct consumers to write "magazines" or "magazine
  • As a result of MTI salespeople's oral assurances that consumers have been selected to receive
  • In numerous instances in connection with their telemarketing of prize promotions, the
  • Defendants are "sellers" or "telemarketers" engaged in "telemarketing" of a "prize promotion"
  • The Telemarketing Sales Rule prohibits telemarketers and sellers from failing to disclose, in
  • This Court, in the exercise of its equitable jurisdiction, may award other ancillary relief
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