FTC v MODERN CONCEPT MARKETING INC - Legal Case Documents


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FTC v MODERN CONCEPT MARKETING INC

Keywords & Phrases

CaseNo: FVMCMI169520, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, Plaintiff: FTC, State: WA Washington, UniqueCaseRef: LCD>FVMCMI169520, Sale, Telemarketing, Commission, Consumer, Act, Ftc, Federal Trade Commission, Modern Concept Marketing, Relief, Permanent Injunction, Complaint, Pursuant, Joseph Moadeb, Sales, Supplies, Cartridges, Nondurable Office Supplies, Practices, Second Ave, Engaging, Violations, Ftc Act, Sales Rule, Connection, Offering, Nondurable Office, Telemarketing Sales Rule, Judgement, Advertising, Deceptive Acts, Laser, Toner Cartridges, Inkjet, Washington, Distribution, Misrepresenting, Paragraph, Price, Pay , ContentID: 120247517

Case Documents

COMPLAINT
[ see first page and extracted highlights below ] ItemID: 117905

12 pages
PDF

1999-12-10

STIPULATED FINAL JUDGMENT
[ see first page and extracted highlights below ] ItemID: 117906

28 pages
PDF

Total Documents: 2 documents , 40 pages

Price: $ 24.95

IVESLCD01 KGI0001

1 . COMPLAINT

EXTRACTED KEY WORDS

CONSUMER
ACT
TELEMARKETING
SALES
SUPPLIES
CARTRIDGES
PRACTICES
VIOLATIONS
FTC ACT
SALES RULE
COMMISSION
BUSINESS
NONDURABLE OFFICE
RELIEF
DECEPTIVE ACTS
LASER
TONER CARTRIDGES
INKJET
PRICE
PAY
DISTRICT
INKJET REFILLS
REPRESENTATIONS
TRADE COMMISSION
FEDERAL TRADE COMMISSION
TRANSACTS
GOODS
MISLEADING
OBLIGATION

1 DEBRA A. VALENTINE
      General Counsel
2 Federal Trade Commission
3 RANDALL H. BROOK
      KATHRYN C. DECKER
4 Federal Trade Commission
      915 Second Ave., Suite 2896
5 Seattle, Washington 98174
      (206) 220-4487 (Brook)
6 (206) 220-4486 (Decker)
      (206) 220-6366 (fax)
7 JENNIFER LARABEE (Local counsel)
8 CA Bar No. 163989
      Federal Trade Commission
9 10877 Wilshire Blvd, Suite 700
      Los Angeles, CA  90024
10 (310) 824-4343
      (310) 824 4380 (fax)
11 ATTORNEYS FOR PLAINTIFF
12

13                                       UNITED STATES DISTRICT COURT
                                        CENTRAL DISTRICT OF CALIFORNIA
14                                              WESTERN DIVISION
15     FEDERAL TRADE COMMISSION,
16                                              Plaintiff,     CV-99-13003-HLH
17                                                             (Mcx)
                                          v.
18     MODERN CONCEPT MARKETING, INC.,
19              a California corporation, and                  FIRST AMENDED
                                                               COMPLAINT FOR
20     JOSEPH MOADEB,                                          INJUNCTIVE AND
                individually and as an officer of              OTHER EQUITABLE
21              MODERN CONCEPT MARKETING, INC.,                RELIEF
                and
22      SAM JENKALA,
23              individually and as an officer of
                MODERN CONCEPT MARKETING, INC.,
24                                              Defendants.
25

26

27

28

                                                                         FEDERAL TRADE COMMISSION
                                                                           915 Second Ave., Su. 2896

SNIPPETS:

Federal Trade Commission

Trade Commission Act, 15 U.S.C. §§ 53and 57b, and the

Telemarketing and Consumer Fraud and Abuse Prevention Act

restitution, disgorgement, and other equitable relief for defendants'

deceptive acts or practices in violation of Section 5of the FTC 10 Act, 15 U.S.C. § 45, and

11 "Telemarketing Sales Rule", 16 C.F.R. Part 310, in connection with the

12 sale of nondurable office supplies.

District of California is proper under 15 U.S.C. § 53and 28 U.S.C

28 court proceedings by its own attorneys to enjoin violations of the FTC

corporation with its offices and principal place of business located

transacts or has transacted business in the Central District of 10 California.

26 telemarketers, nondurable office supplies, including laser printer

27 toner cartridges and inkjet printer refills, in or affecting commerce,

28 as "commerce" is defined in Section 4 of the FTC Act,

One set of representations concerns the origin and qualities

prices, if the consumer is given price information at all.

defendants may convince some consumers to pay double the

false and misleading and constitute deceptive acts or practices in

laser toner cartridges and inkjet refills,

telephone calls, letters, invoices, packing slips, or shipment of 10 goods, that consumers

12 without obligation to purchase the supplies.

2 . STIPULATED FINAL JUDGMENT

EXTRACTED KEY WORDS

SALE
COMMISSION
TELEMARKETING
CONSUMER
FTC
MODERN CONCEPT MARKETING
FEDERAL TRADE COMMISSION
ACT
PERMANENT INJUNCTION
COMPLAINT
RELIEF
BUSINESS
PURSUANT
JOSEPH MOADEB
NONDURABLE OFFICE SUPPLIES
SECOND AVE
ENGAGING
CONNECTION
OFFERING
TELEMARKETING SALES RULE
JUDGEMENT
ADVERTISING
WASHINGTON
DISTRIBUTION
MISREPRESENTING
PARAGRAPH
EQUITABLE RELIEF
EMPLOYEES
REPRESENTATIVES

1 DEBRA VALENTINE
      General Counsel
2 Federal Trade Commission
3 RANDALL H. BROOK
      KATHRYN C. DECKER
4 Federal Trade Commission
      915 Second Ave., Suite 2896
5 Seattle, Washington 98174
      (206) 220-4487 (Brook)
6 (206) 220-4486 (Decker)
      (206) 220-6366 (fax)
7 JENNIFER LARABEE (Local counsel)
8 CA Bar No. 163989
      Federal Trade Commission
9 10877 Wilshire Blvd, Suite 700
      Los Angeles, CA  90024
10 (310) 824-4343
      (310) 824-4380 (fax)
11 ATTORNEYS FOR PLAINTIFF
12

13                                       UNITED STATES DISTRICT COURT
                                        CENTRAL DISTRICT OF CALIFORNIA
14                                                      WESTERN DIVISION
15     FEDERAL TRADE COMMISSION,
16                                                Plaintiff,          CV-99-13003-HLH (Mcx)
17                                        v.
18                                                                    STIPULATED FINAL
       MODERN CONCEPT MARKETING, INC.,                                JUDGMENT AND ORDER FOR
19     et al.,                                                        PERMANENT INJUNCTION
                                                                      AND MONETARY RELIEF
20                                                Defendants.
                                                                      No hearing required
21

22                             STIPULATED FINAL JUDGMENT AND ORDER
23            Plaintiff, the Federal Trade Commission ("FTC" or "Commission"),
24 filed a complaint on December 10, 1999, for permanent injunction and
25 other relief pursuant to Sections 13(b) and 19 of the Federal Trade
26 Commission Act ("FTC Act"), 15 U.S.C. §§ 53(b) and 57b, and Section
27 6(b) of the Telemarketing and Consumer Fraud and Abuse Prevention Act,
28

                                                                              FEDERAL TRADE
                                                                                915 Second Ave.,
      STIP. FINAL JUDGMENT AND ORDER                                             Seattle,
      D:\internet\os\StipPermInjModern1.wpd   3/9/01           1                      (206) 220-6350

SNIPPETS:

Federal Trade Commission

26 Commission Act ("FTC Act"), 15 U.S.C. §§ 53and 57b, and Section

27 6of the Telemarketing and Consumer Fraud and Abuse Prevention Act,

15 U.S.C. § 6105, charging defendants Modern Concept Marketing,

and Joseph Moadeb with engaging in unfair

or deceptive acts or practices in connection with the sale,

FTC Act, 15 U.S.C. § 45, and the FTC's Telemarketing Sales Rule, 16

amended complaint naming Sam Jenkala as an additional

16 Judgment and Order for Permanent Injunction and Other Equitable Relief

25 Section 6of the Telemarketing and Consumer Fraud and Abuse

12 Region, Federal Trade Commission, 915 Second Ave., Suite 2896,