UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
FEDERAL TRADE COMMISSION,
Plaintiff,
v.
PACIFIC RIM POOLS INTERNATIONAL, et al.,
Defendants.
Civil No. C97-1748R
ORDER FOR PERMANENT INJUNCTION AND FINAL JUDGMENT (PROPOSED)
Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), has
filed a complaint for a permanent injunction and other relief pursuant
to Section 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., naming as defendants Pacific Rim Pools International
("Pools"), ENA Enterprises, Inc. ("ENA"), Michael Loukas ("Loukas"),
and Patricia Lynn Kucey ("Kucey") and alleging violations of the
Telemarketing Sales Rule, 16 C.F.R. Part 310 ("the Rule").
Defendants Pools, ENA, Loukas, and Kucey, and the Commission, by and
through their respective counsel, have agreed to entry of this Order
by this Court in order to resolve all matters in dispute between them
in this action. These defendants have consented to the entry of this
Order without trial or adjudication of any issue of law or fact
herein, and this Decree shall not constitute an admission of liability
by defendants nor constitute evidence of liability against defendants
in any matter relating to the facts alleged in the Commission's
Complaint. NOW, THEREFORE, these defendants and the Commission having
requested the Court to enter this Order, IT IS HEREBY ORDERED,
ADJUDGED, AND DECREED as follows:
FINDINGS
A. This Court has jurisdiction of the subject matter of this
action and the parties consenting hereto.
B. The complaint states a claim upon which relief may be
granted against Pools, ENA, Loukas, and Kucey under Sections
13(b) and 19 of the FTC Act, 15 U.S.C. §§ 53(b) and 57b, The
Telemarketing and Consumer Fraud and Abuse Prevention Act, 15
U.S.C. § 6101 et seq,.and the Telemarketing Sales Rule ("the
SNIPPETS:
UNITED STATES DISTRICT COURT
FEDERAL TRADE COMMISSION,
PACIFIC RIM POOLS INTERNATIONAL, et al.,
Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), has filed a complaint for a
F.R. Part 310.
Defendants Pools, ENA, Loukas, and Kucey, and the Commission, by and through their respective
These defendants have consented to the entry of this Order without trial or adjudication of
U.S.C. § 6101 et seq,.and the Telemarketing Sales Rule 16 C.F.R. Part 310.
E. This Order does not constitute and shall not be interpreted to constitute either an
For the purpose of this Order,
"Telemarketing" means a plan, program, or campaign that is conducted to induce the purchase
in any prize promotion, the odds of being able to receive the prize, and if the odds are not
As security for payment of the proceeds from the sale of the condominium Loukas shall cause
The payment of the proceeds of sale of the condominium and the release of right, title, and
The Commission's agreement to this Order is expressly premised upon the truthfulness,
For a period of three years from the date of entry of this Order, defendants, in connection
nd refund request, whether received directly or indirectly through any third party, and copies of
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