UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
)
FEDERAL TRADE COMMISSION, )
)
Plaintiff, )) Civ. No.
v. )) COMPLAINT FOR PERMANENT
P.M.C.S., Inc., ) INJUNCTION AND OTHER
122 Cuttermill Road ) EQUITABLE RELIEF
Great Neck, NY 11021 )
(a Delaware corporation )
doing business in New York), ))
Dennis Harmon, )
18 Broadway )
Greenlawn, NY 11740 )
(individually and as an officer )
of P.M.C.S., Inc.), ))
- and - ))
Philip T. Bukowski )
8137 260th Street )
Floral Park, NY 11004 )
(individually and as an officer )
of P.M.C.S., Inc.), ))
Defendants ))
Plaintiff, the Federal Trade Commission (FTC or the 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, to secure a permanent injunction,
preliminary injunctive relief, rescission of contracts, restitution, disgorgement, appointment of a
receiver, and other equitable relief for defendants unfair or deceptive acts or practices in
violation of Section 5(a) of the FTC Act, 15 U.S.C. 45(a), and the FTC s Trade Regulation
Rule entitled Disclosure Requirements and Prohibitions Concerning Franchising and Business
Opportunity Ventures (the Franchise Rule or the Rule ), 16 C.F.R. 436.
JURISDICTION AND VENUE
2. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1331,
SNIPPETS:
Plaintiff, the Federal Trade Commission, for its complaint
Commission Act (FTC Act), 15 U.S.C. 53and 57b, to secure a permanent injunction,
preliminary injunctive relief, rescission of contracts, restitution, disgorgement,
Rule entitled Disclosure Requirements and Prohibitions Concerning Franchising and Business
Opportunity Ventures (the Franchise Rule or the Rule),
Venue in the United States District Court for the Eastern District of New York is
deceptive acts or practices in or affecting commerce.
computerized medical billing business ventures.
PMCS has transacted business in the Eastern
At all times relevant to this complaint, the defendants have maintained a substantial
course of trade in the offering for sale and sale of computerized medical billing business
opportunities, in or affecting commerce, as commerce is defined in Section 4 of the FTC Act,
offer to sell and sell nationwide medical billing software business ventures.
making numerous misrepresentations concerning the earnings potential of their business
and the level of assistance the defendants will provide to purchasers.
lead list of doctors and/or dentists in the consumers area to whom the consumer should attempt
VIOLATIONS OF SECTION 5 OF THE FTC ACT
Paragraphs 1 through 14 are incorporated herein by reference.
In the course of offering for sale and selling computerized medical billing business
defendants representations as set forth in Paragraph 15 are false and
prospective franchisees a document containing information substantiating the earnings claim,
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