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UNITED STATES v COMPUTER BY US INC Click to find out why . . .



Keywords & Phrases
CaseNo: USVCBUI176613, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, Plaintiff: UNITED STATES, UniqueCaseRef: LCD>USVCBUI176613, Ftc, Wesko, Pursuant, Computers, Complaint, United States, Individuats, Federal Trade Commission, Ftc Act, Matter, Richard, Consumer, Defendants Jeffrey, Wanda, Permanent Injunction, Order Merchandise Rule, Internet, Regulation Rule, Representatives, Bond, Materials, Tweekable Computers, Notification, Violating, Purposes, Paragraph, Proposed Change, Act, Goods, Prior, Concert, Participation, Usc, Sny, Sale, Agents, Employees, Individw, Compliance, Failing, Entry, Pay, Redress, Amount , ContentID: 120248055

Case Documents
1   STIPULATED FINAL ORDER
[ see first page and extracted highlights below  ] ItemID: 119792
21 pages
PDF
2 2100-11-11 FINAL ORDER
[ see first page and extracted highlights below  ] ItemID: 119791
16 pages
PDF
Total Documents: 2 documents , 37 pages
Price: $ 24.95


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1 . STIPULATED FINAL ORDER

EXTRACTED KEY WORDS
FTC
PLAINTIFF
WESKO
PURSUANT
COMPUTERS
UNITED STATES
COMPLAINT
INDIVIDUATS
FEDERAL TRADE COMMISSION
FTC ACT
MATTER
BUSINESS
RICHARD
ATTORNEY
DEFENDANTS JEFFREY
WANDA
PERMANENT INJUNCTION
ORDER MERCHANDISE RULE
CONSUMER
REGULATION RULE
REPRESENTATIVES
INTERNET
MATERIALS
TWEEKABLE COMPUTERS
NOTIFICATION
VIOLATING
PURPOSES
PARAGRAPH
PROPOSED CHANGE
.  .          "





                                      IN THE  UNITED  STATES  DISTRICT  CO  T n,r$!                
                                                                                     Yl%
                                           FOR THE  DISTRICT  OF MARYLAN~siti;rzf?!,r'[??,F:~L,\~D
                                                  NORTHERN  DIVISION


         UNITED  STATES  OF AMERICA,                                           >
                            Plaintiff,                                       .i

          vs.                                                                  !

         COMPUTERS  BY  US,  INC.  also d/b/a FENCEWAY                         I  Civil Action  No.
                    COMPUTERS  and TWEEKABLE  COMPUTERS,  ) 1
         JEFFREY  M. WESKO,  individually  and as an officer  of               )  STIPULATED  FINAL
                    COMPUTERS  BY  US,  INC. and d/b/a FENCEWAY)                     ORDER  FOR
                    COMPUTERS  and TWEEKABLE  COMPUTERS,  )  INJUNCTION  AND
                                                                              1  EQUITABLE  RELIEF
         WANDA  M. WESKO,  individually  and as an oflicer  of                )
                    COMPUTERS  BY US,  INC.  and d/b/a  FENCEWAY)
                    COMPUTERS  and TWEEKABLE  COMPUTERS,  ) 1
         RICHARD  A. WESKO,  Jr.,  individually  and as an owner  of)
                    COMPUTERS  BY US,  INC.  and d/b/a FENCEWAY)
                    COMPUTERS,
                                                                              i
                           Defendants.                                        1
                                                                              >

                    Plaintiff,  the United  States  of America,  acting  upon notification  and

         to the Attorney  General  by the Federal Trade Commission  (,FTC"  or "Commission")

         pursuant  to Section  16(a)(l)  of the Federal Trade  Commission  Act  ("FTC  Act"),  15

         U.S.C.  Q 50(a)(l),  has filed  its Complaint  for permanent  injunction  and other 

         matter  pursuant to Section  13(b) of the FTC Act,  15 U.S.C.  Q 53(b), charging  the

         defendants  Jeffrey  M. Wesko,  Wanda  M. Wesko,  Richard A.  Wesko,  Jr.,  and

         Computers  by Us, Inc., with  violating  Section  5 of the FTC dct,  15 U.S.C.  5 45,  and


         CONSENT DECREE                               Page I of  21
SNIPPETS:
  • COMPUTERS and TWEEKABLE COMPUTERS,) 1
  • COMPUTERS and TWEEKABLE COMPUTERS,) INJUNCTION AND
  • COMPUTERS and TWEEKABLE COMPUTERS,) 1 RICHARD A. WESKO, Jr., individually and as an owner of)
  • Plaintiff, the United States of America, acting upon notification and authorization
  • to the Attorney General by the Federal Trade Commission
  • pursuant to Section 16of the Federal Trade Commission Act ("FTC Act"),
  • has filed its Complaint for permanent injunction and other relief in this
  • matter pursuant to Section 13of the FTC Act, 15 U.S.C. Q 53, charging the
  • Computers by Us, Inc., with violating Section 5 of the FTC dct, 15 U.S.C. 5 45, and the
  • FTC Trade Regulation Rule, entitled the "Mail or Telephone Order Merchandise Rule,"
  • admission of wrongdoing by defendants.
  • This Court has jurisdiction over the subject matter of this case and over
  • Plaintiff or the FTC and their employees, agents or representatives, including any claim
  • Wide Web, newsgroups, Internet Relay Chat, instant messaging, and file transfers protocols
  • business and that holds a Federal Certificate of Authority As Acceptable Surety
  • United States for the benefit of any consumer injured as a result of any activities
  • for the sum for consumer redress specified in this Paragraph.
  • individuats, partnerships, or corporations; and pay the fees, salaries, and
  • Order is irrevocably paid for purposes of settlement of this action.
  • Any proposed change in the name or structure of any business entity
  • E. Copies of all sales scripts, training materials, advertisements, or other marketing

  • 2 . FINAL ORDER

    EXTRACTED KEY WORDS
    FTC
    BOND
    BUSINESS
    PLAINTIFF
    ACT
    COURT
    GOODS
    COMPUTERS
    PRIOR
    CONSUMER
    CONCERT
    PARTICIPATION
    USC
    SNY
    SALE
    AGENTS
    EMPLOYEES
    INDIVIDW
    COMPLIANCE
    PURSUANT
    FAILING
    ENTRY
    PAY
    REDRESS
    AMOUNT
    COMPLAINT
    PERMANENT
    LAW
    INTERNET
    
    UNITED  STATES  OF  AMERICA,
    
                    Plaintiff,
    
     vs.                                                                i 1
    COMPUTERS  BY  US.  INC,  ciao  d/t&  FENCEWAY                      )  civil  Action  r+b. L-00- 
             COMPUTERS  and  TVWEEKABLE  COMPU'I'E~S,                   ) 1
    JEFFREY  M. WESKO,  indivkiually  and  818 an  &fker  of            )  FINAL  ORDER
             CbMPUTERS  BY  US,  INC.  snd  dlwe  FENCEWAY)                     IQR  lNJUNCTlON
             COMPUTERS  end  WEEKABlE              COMPUTERS,           )  AND
                                                                        )  EQUITABLE  RELIEF
    WANDA  M. WESKO,  individually  and  as an  of&et  of               )
             COMPUTERS  BY  US,  INC.  and  dfbb  FENCEWAY)
             COMPUTERS  and  7WEEKABi.E  CUM!XJTERS.                    ) 1
    RICHARD  A. WESKO,  Jr..  lndlvidudiy  and  a& an  0-r           of)
             COMPUTERS  BY  US,  INC.  and  dtwpl  PfENCEWAY)
             COMPUTERS,                                                 1
    
                    Defender&                                           ; 1
    
             On  Octobur  30,2000,  plrirtttff,  United  S@&e  of  America.  fikd  Its Complaint  for
    
    permanent  ir&nc&m  and  ottI&  relief  pureuarnt  to  Section  13(b)  of  the  Fe&al  Trade
    
    Commission  Act  ("FTC  Ad"),  15  U.S.C.  Q 53(b),  &uwgin@  the  defendants  ,J&ey  M.
    
    Wesko,  Wanda  M. Wesko;  RIchord  A.  We&o,  Jr.,  and  Computers  by  Us.  Inc,  d/b/a
    
    Fencewey  Computers  and  Tweskhbte  Computerq  with  vloloting  Section  5  rJf the  FTC
    
    Act.  15  USC.  5 45,  and  the  FTC  Traide  Ragulakn  Rule,  entitled  the  "Marl  or
    
    Telephone  Order  Mbrchandise  Rule,",  76  C,F .pI. Pert  435.  Plolntlff  served  t3 summons
    and copy  af  the  complaint  on  the  corponte  de&ldont,  through  Wands  We%ikO. a
    
    
    
           carporat~  offktr,  on  November  11,200O.  The  corpwate  &iMdant  did  no1 ~miwtw  the
    
           compl&nt,
    
                    On  March  lts,2001,  pWntfff  moved  for  rntry  of  deftit  against  the  cbrpmte
    
           dekndani.  The C!rrk  of  Court entered  defsuk  +inst  the  corporate  defendant, which
           is not  represented  by  ceunssl.  on  March  1 eJ, 2001.
    
                   Raintiff  has  been  in  contact  with  .leffrey  W&o,  also  a defendant  in this.
    
          and  president  of  the  corponote  defwidant. He advised  pkintlff  thst  the  corpantion 
    
    SNIPPETS:
  • Plaintiff,
  • COMPUTERS BY US, INC. and dtwpl PfENCEWAY)
  • permanent ir&nc&m and ottI& relief pureuarnt to Section 13of the Fe&al Trade
  • Commission Act, 15 U.S.C. Q 53, &uwgin@ the defendants,J&ey M.
  • Fencewey Computers and Tweskhbte Computerq with vloloting Section 5 rJf the FTC
  • Plolntlff served t3 summons and copy af the complaint on the corponte de&ldont,
  • The C!rrk of Court entered defsuk +inst the corporate defendant, which is not represented by
  • Based on the facts and ~ppticabic law,
  • the FTC Act, 15 USC.
  • Internet Relay Chat, instant mesubging, and file tfiEnsferE
  • contractor who offers goods or son&es for or on behalf of Defendant or sny of the
  • Defendant or its succe~ors, asjiQh8, or any parson in actlvr concert or patiicipation
  • perfPrmance bond in the principrl sum of TWO HUNDRED THOUSAND DOLLARS
  • prior ta engsglng In such actkritiet, The terms and conditions crf the bond
  • assignt, or any permn 8cting in concert et participation wNh Olsfendont, or my
  • the possession of Defandant or 8ny d the IndividW DefQndsnts or any agent of
  • Defendant or any of the individual Defendants 61 their agents are unable to
  • Failing to Mer to the buyer, ctesrly and conspicuously and without prior demand,
  • sny good or sonrice at any time prior to entry of this Final
  • pay to the Plaintiff ccnsumer redress in the amount of TWO HUNDRED
  • the defendants pursuant to this Final Or&t.
  • consumer redress program b be adminkterrd by the flC,
  • the PblrMf may pay such funds to the United Stalks Treasury
  • business name, the creation.
  • affect any compliance obPgdon titing out of thb Final Order;
  • To int+t+ew Defendant% ctlkws, dinc&rs, and employees, including all
  • the 7 le of goods or services, or assir;ting others engaged in the sale of goods or
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