UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
)
FEDERAL TRADE COMMISSION, ))
Plaintiff, ))
v. )
)
MERCURY MARKETING OF DELAWARE, INC., )
a Pennsylvania corporation; and )
)
NEAL D. SAFERSTEIN, individually and as an )
officer of the corporation. ))
Defendants. ))
COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF
Plaintiff, the Federal Trade Commission ("Commission"), by its undersigned attorneys,
alleges:
1. This is an action under Section 13(b) of the Federal Trade Commission Act
Act"), 15 U.S.C. § 53(b), to secure injunctive and other equitable relief, including rescission of
contracts, restitution, and disgorgement for Defendants' deceptive acts or practices in violation of
Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), in connection with the marketing and sale of
Internet "web pages."
JURISDICTION AND VENUE
2. This Court has jurisdiction over this matter pursuant to 15 U.S.C. §§ 45(a)
53(b), and 28 U.S.C. §§ 1331, 1337(a) and 1345.
Page 1 of 6
3. Venue in this District is proper under 15 U.S.C. § 53(b), and 28 U.S.C. §§ 1391(b)
and (c).
PLAINTIFF
4. Plaintiff Federal Trade Commission is an independent agency of the United States
SNIPPETS:
COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF
Plaintiff, the Federal Trade Commission, by its undersigned attorneys,
contracts, restitution, and disgorgement for Defendants' deceptive acts or practices in
Venue in this District is proper under 15 U.S.C. § 53,
FTC Act, 15 U.S.C. § 45, which prohibits unfair or deceptive acts or practices in or affecting
restitution for injured consumers.
with its offices and principal place of business located at 20 North Third Street,
Mercury Marketing of Delaware, Inc., also does business as Mercury,
Mercury Marketing of Delaware, Inc., transacts or has
transacted business in the Eastern District of Pennsylvania.
At all times material hereto, Defendants have been engaged in the business of
offering for sale and selling Internet-related services, including design and hosting of
pages and other products, in or affecting commerce, as "commerce" is defined in Section 4 of
Defendants telemarketers cold-call consumers nationwide to sell them Internetrelated services.
Defendants add unauthorized monthly charges ranging from $24.95 to $29.95 for the
VIOLATIONS OF SECTION 5 OF THE FTC ACT
Absent injunctive relief by this Court,
Plaintiff requests that this Court:
Award Plaintiff such preliminary injunctive and ancillary relief as may be
|
