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1
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REASONS FOR SETTLEMENT
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EXTRACTED KEY WORDS
DEFENDANT CONSENT DECREE MAIL ORDER COMMISSION REASONS CIVIL PENALTY ACTS ENTRY ENGAGING PRACTICES VIOLATION TRADE AMOUNT RECOVER PENALTIES EQUITABLE RELIEF TRADE REGULATION RULE TELEPHONE ORDER MERCHANDISE PURSUANT FEDERAL TRADE COMMISSION COMMISSION HEREBY SETS INJUNCTION BASIS COMPLAINT PAYMENT ASSURE COMPLIANCE LAW EXPENSE LITIGATION FOREGOING REASONS |
REASONS FOR SETTLEMENT
___________________________________
This statement accompanies the Consent Decree executed by defendant
Dell Computer Corporation, in settlement of an action brought to
recover penalties and equitable relief from the defendant for engaging
in acts or practices in violation of the Commission's Trade Regulation
Rule entitled "Mail and Telephone Order Merchandise" 16 C.F.R. Part
435 (the "Mail Order Rule").
Pursuant to Section 5(m)(3) of the Federal Trade Commission Act, 15
U.S.C. § 45(m)(3), the Commission hereby sets forth its reasons for
settlement by entry of a Consent Decree and injunction:
On the basis of the allegations contained in the attached Complaint,
the Commission believes that the payment of a $800,000 civil penalty
constitutes an appropriate amount upon which to base a settlement. The
civil penalty amount should assure compliance with the law by the
defendant and others who might otherwise violate the Mail Order Rule.
Further, defendant is permanently enjoined from engaging in acts or
practices that are prohibited by the Mail Order Rule. With the entry
of this Consent Decree, the time and expense of litigation will be
avoided.
For the foregoing reasons, the Commission believes that the settlement
by entry of the attached Consent Decree with the defendant is
justified and well within the public interest.
SNIPPETS:
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2
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COMPLAINT
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EXTRACTED KEY WORDS
VIOLATION DELL MAIL ORDER RULE DEFENDANT CIVIL PENALTIES FTC ACT SALE ATTORNEY PLAINTIFF DELL SOFTWARE SUITE UNITED STATES TEXAS COURT WESTERN DISTRICT PERSONAL COMPUTER SYSTEMS MERCHANDISE DELL DIMENSION CONSUMER LITIGATION FEDERAL TRADE COMMISSION CIVIL DIVISION COMPLAINT INJUNCTION AUTHORIZES MONETARY CIVIL PENALTIES TELEPHONE ORDER PROPER APPLICATIONS SOLICITATION AWARD |
RAYMOND A. NOWAK
Chief, Civil Division
Assistant United States Attorney
Texas Bar No. 15121490
601 N.W. Loop 410, Suite 600
San Antonio, TX 78216
(210) 530-6110; (210) 530-6108 (Fax)
ELIZABETH STEIN
Attorney
Office of Consumer Litigation
Civil Division
U.S. Department of Justice
Washington, DC 20530
(202) 307-0486; (202) 514-8742 (Fax)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
UNITED STATES OF AMERICA, Plaintiff,
v.
DELL COMPUTER CORPORATION, a corporation, Defendant.
Civil Action No.
COMPLAINT FOR CIVIL PENALTIES,
INJUNCTIVE AND OTHER RELIEF
Plaintiff, the United States of America, acting upon notification and
authorization to the Attorney General by the Federal Trade Commission
("Commission"), for its complaint alleges that:
1. Plaintiff brings this action under Sections 5(a)(1), 5(m)(1)(A), 9,
13(b) and 16(a) of the Federal Trade Commission Act ("FTC Act"), 15
U.S.C. §§ 45(a)(1), 45(m)(1)(A), 49, 53(b) and 56(a), to obtain
monetary civil penalties and injunctive and other relief for
defendant's violations of the Commission's Trade Regulation Rule
Concerning the Sale of Mail or Telephone Order Merchandise (the "Mail
Order Rule" or "Rule"), 16 C.F.R. Part 435.
JURISDICTION AND VENUE
2. This court has jurisdiction over this matter under 28 U.S.C.
1331, 1337(a), 1345, and 1355 and under 15 U.S.C. §§ 45(m)(1)(A), 49,
53(b) and 56(a). This action arises under 15 U.S.C. § 45(a)(1).
SNIPPETS:
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3
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CONSENT DECREE
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EXTRACTED KEY WORDS
DEFENDANT DELL COMPUTER CORPORATION UNITED STATES ATTORNEY CIVIL DIVISION MAIL ORDER SALE MAIL ORDER RULE JUSTICE COURT COMPLAINT FEDERAL TRADE SUCCESSORS CONSUMER LITIGATION PLAINTIFF PARTIES FEDERAL TRADE COMMISSION WASHINGTON DISTRICT HEREBY MERCHANDISE PERSONAL COMPUTER SYSTEMS VIOLATING ENTRY ENFORCE COMPLIANCE PROVISIONS CONNECTION SOLICITATION |
RAYMOND A. NOWAK
Chief, Civil Division
Assistant United States Attorney
Texas Bar No. 15121490
601 N.W. Loop 410, Suite 600
San Antonio, TX 78216
(210) 530-6110; (210) 530-6108 (Fax)
ELIZABETH STEIN
Attorney
Office of Consumer Litigation
Civil Division
U.S. Department of Justice
Washington, DC 20530
(202) 307-0486; (202) 514-8742 (Fax)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
UNITED STATES OF AMERICA, Plaintiff,
v.
DELL COMPUTER CORPORATION, a corporation, Defendant.
Civil Action No.
CONSENT DECREE AND ORDER
FOR CIVIL PENALTIES, INJUNCTIVE AND OTHER RELIEF
WHEREAS Plaintiff, the United States of America, has commenced this
action by filing the Complaint herein; defendant, Dell Computer
Corporation, has waived service of the Summons and Complaint; the
parties have been represented by the attorneys whose names appear
hereafter; and the parties have agreed to settlement of this action
upon the following terms and conditions, without adjudication of any
issue of fact or law and without defendant admitting liability for any
of the matters alleged in the Complaint, the Court finds:
1. This Court has jurisdiction of the subject matter and of the
parties.
2. The Complaint states a claim upon which relief may be granted
against the defendant under Sections 5(a)(1), 5(m)(1)(A), 9, 13(b) and
16(a) of the Federal Trade Commission Act, 15 U.S.C. §§ 45(a)(1),
45(m)(1)(A), 49, 53(b) and 56(a).
THEREFORE, on the joint motion of plaintiff and defendant, it is
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