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8 UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
9 AT SEATTLE
1C
11 FEDERAL TRADE COMMISSION,
12 Plaintiff,
13 V.
14 NU WEST, INC., a Washington corporation, and
15 GEORG FREY, individually and as sole offker AND
and shareholder of Nu West, Inc.,
lf Defendants.
1;
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1s Plaintiff, the Federal Trade Commission ("Commission"), by its
2( alleges as follows:
21 Jurisdiction and Venue
22 1. This is an action under Sections 5(a) and 13(b) of the
23 Act ("FTC Act"), 15 U.S.C. $9 45(a) and 53(b), and Section 108(c) of the Truth in
24 ("TIM"), 15 U.S.C. 4 1607(c), to obtain preliminq and
25 restitution, reformation, disgorgement, and other equitable relief against defendants
2c in acts or practices in violation of TLA, 15 USC. $4 1601-1666j, as amended,
27 not limited to, the Home Ownership and Equity Protection Act of 1994 ("HOEPA"), as
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COMPLAINT - Page 1
H:\BCPNU-WESlVLEAD!XXiu west linal compiaimupd 7/l 7/00
and TILA's implementing Regulation Z, 12 C.F.R. 226, as amended, and for unfair or
acts or practices in violation of Section 5(a) of the FTC Act, 15 U.S.C. 5 45(a), as
2. This Court has subject matter jurisdiction over this matter
SNIPPETS:
23 Act, 15 U.S.C. $9 45and 53, and Section 108of the Truth in Lending Act
25 restitution, reformation, disgorgement, and other equitable relief against defendants for
2c in acts or practices in violation of TLA, 15 USC.
and TILA's implementing Regulation Z, 12 C.F.R. 226, as amended, and for unfair or deceptive
1994 which, inter alia, amended TILA by adding Section 129 of TILA, 15U.S.C.
consumers who obtain high-rate or high-fee loans secured by their principal dwellings by
consummated on or after October 1, 1995, that is secured by the consumer's principal
the total points and fees payable by the consumer at or before loan closing will exceed the
Price Index that was reported on June 1 of the preceding year), which is covered by HOEPA,
the "total loan amount" is calculated as described in Section
19 Government created and given statutory authority and responsibility by the FTC Act,
The Commission is charged, inter alia, with enforcing Section
28 business under the laws of the State of Washington.
West, Inc., including the acts or practices set forth in this Complaint.
24 $9 1601-1666j, as amended, including, but not limited to, the Home Ownership and Equity
23 "credit, " "creditor," "dwelling," "finance charge," "mortgage," "open-end credit,"
officers, agents, servants, employees, and all other persons or entities in active concert or
directly or through any business, entity, corporation, subsidiary, division or other device,
20 provision, extending the term of the loan such that the outstanding principal balance will
for the purpose of monitoring and investigating defendants' compliance with any provision of
15 in writing and sent by first class United States mail to Regional Director, Federal Trade
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