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UNITED STATES v DESIGNER CHECKS INC Click to find out why . . .



Keywords & Phrases
CaseNo: USVDCI176023, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, Plaintiff: UNITED STATES, State: AL Alabama, UniqueCaseRef: LCD>USVDCI176023, Consent Decree, Violation, Ftc Act, Alabama, United States, Federal Trade Commission, Northern District, Civil Penalties, Federal Trade, Designer, Complaint, Atlanta Regional Office, Civil Division, Successors, Entry, Telephone Order, Properly Completed Orders, Order Merchandise, Parties, Matter, Pursuant, Agent, Employee, Fulfillment House, Injunction, Monetary Civil Penalties, Buyer, Payment, Justice, Mtor, Transmission, Prompt Refund, Compliance, Delay, Cancel, Award Plaintiff, America , ContentID: 120248062

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 119804
4 pages
HTML
2 2000-05 CONSENT DECREE
[ see first page and extracted highlights below  ] ItemID: 119805
5 pages
HTML
Total Documents: 2 documents , 9 pages
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1 . COMPLAINT

EXTRACTED KEY WORDS
FTC ACT
CIVIL PENALTIES
DEFENDANT
ALABAMA
PLAINTIFF
NORTHERN DISTRICT
COURT
ATTORNEY
TELEPHONE ORDER
PROPERLY COMPLETED ORDERS
UNITED STATES
ORDER MERCHANDISE
DESIGNER
COMPLAINT
INJUNCTION
FEDERAL TRADE COMMISSION
MONETARY CIVIL PENALTIES
BUYER
PROMPT REFUND
DELAY
CANCEL
AWARD PLAINTIFF
ATLANTA REGIONAL OFFICE
CIVIL DIVISION
AMERICA
RELIEF
AUTHORIZATION
SALE
AFFECTING COMMERCE
                        UNITED STATES DISTRICT COURT
                        NORTHERN DISTRICT OF ALABAMA
                              EASTERN DIVISION

                         UNITED STATES OF AMERICA,
                                 Plaintiff,

                                     v.

               DESIGNER CHECKS, INC., an Alabama corporation,
                                 Defendant.

                                   JUDGE

                                 DOCKET 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 the following:

   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 Mail or Telephone Order Merchandise, 16 C.F.R. Part 435
   (the "Rule").

                           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).

   3. Venue in the Northern District of Alabama is proper under 15 U.S.C.
   § 53(b) and under 28 U.S.C. §§ 1391(b-c) and 1395(a).

                                 DEFENDANT

   4. Defendant Designer Checks, Inc. ("Designer Checks"), is an Alabama
   corporation with an office and its principal place of business located
   at 128 West 7th Street, Anniston, Alabama 36201. Designer Checks
   transacts or has transacted business in the Northern District of
   Alabama.

SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF ALABAMA
  • DESIGNER CHECKS, INC., an Alabama corporation,
  • COMPLAINT FOR CIVIL PENALTIES,
  • INJUNCTIVE AND OTHER RELIEF
  • Plaintiff, the United States of America, acting upon notification and authorization to the
  • Venue in the Northern District of Alabama is proper under 15 U.S.C. § 53and under 28 U.S.C.
  • Defendant Designer Checks, Inc., is an Alabama corporation with an office and its principal
  • The Rule, originally titled "Mail Order Merchandise," was promulgated by the Commission on
  • September 21, 1993, the Rule was amended under the FTC Act, 15 U.S.C. § 57a, to include
  • At all times material herein, defendant has engaged in mail or telephone order sales of bank
  • Beginning on or around March 1, 1994, in numerous instances, after having received through
  • Having failed to offer the buyer the option to consent to the delay or cancel the buyer's
  • Beginning on or around January 1, 1994, in numerous instances, after having received through to furnish the buyer with adequate means, at the defendant's expense, to either consent to the
  • Under Section 18of the FTC Act, 15 U.S.C. § 57a, a violation of the Rule constitutes an
  • MONETARY CIVIL PENALTIES AND INJUNCTION
  • Each sale or attempted sale, during the five years preceding the filing of this Complaint, in
  • Award plaintiff such additional relief as the Court may deem just and proper.
  • Assistant Attorney General Civil Division
  • Atlanta Regional Office Northern District of Alabama
  • Office of Consumer Litigation Civil Division

  • 2 . CONSENT DECREE

    EXTRACTED KEY WORDS
    DEFENDANT
    FEDERAL TRADE
    UNITED STATES
    ATTORNEY
    FEDERAL TRADE COMMISSION
    SUCCESSORS
    ENTRY
    NORTHERN DISTRICT
    DESIGNER
    PARTIES
    MATTER
    PURSUANT
    BUSINESS
    AGENT
    EMPLOYEE
    FULFILLMENT HOUSE
    COURT
    ALABAMA
    PLAINTIFF
    COMPLAINT
    PAYMENT
    CIVIL DIVISION
    JUSTICE
    MTOR
    TRANSMISSION
    ATLANTA REGIONAL OFFICE
    COMPLIANCE
    TRADE COMMISSION ACT
    CONSUMER LITIGATION
    
                            UNITED STATES DISTRICT COURT
                            NORTHERN DISTRICT OF ALABAMA
                                  EASTERN DIVISION
    
                             UNITED STATES OF AMERICA,
    
                                     Plaintiff,
    
                                         v.
    
                   DESIGNER CHECKS, INC., an Alabama corporation,
    
                                     Defendant.
    
                                       JUDGE
    
                                     DOCKET NO.
    
                                   CONSENT DECREE
    
       WHEREAS: plaintiff, the United States of America, has commenced this
       action by filing the Complaint herein; defendant 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 issues of fact or law and without defendant
       admitting liability for any of the matters alleged in the Complaint;
    
       THEREFORE, on the joint motion of plaintiff and defendant, it is
       hereby ORDERED, ADJUDGED AND DECREED as follows:
    
       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).
    
                                   CIVIL PENALTY
    
       3. In settlement of this matter, defendant Designer Checks, Inc.
       ("Designer Checks"), its successors and assigns, shall pay plaintiff a
       civil penalty, pursuant to Section 5(m)(1)(A) of the Federal Trade
       Commission Act, 15 U.S.C. § 45(m)(1)(A), in the amount of forty-eight
       thousand dollars ($48,000).
    
       4. Defendant shall make the payment required by Paragraph 3 within
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF ALABAMA
  • DESIGNER CHECKS, INC., an Alabama corporation,
  • plaintiff, the United States of America, has commenced this action by filing the Complaint
  • THEREFORE, on the joint motion of plaintiff and defendant, it is hereby ORDERED, ADJUDGED AND
  • This Court has jurisdiction of the subject matter and of the parties.
  • The Complaint states a claim upon which relief may be granted against the defendant under
  • Defendant shall make the payment required by Paragraph 3 within five business days of the
  • In the event of any default in payment, which default continues for ten days beyond the due
  • Defendant, its successors and assigns, and its officers, agents, servants, and employees, and andise, 16 C.F.R. Part 435, or as the MTOR may hereafter be amended.
  • A copy of the MTOR is attached hereto as "Appendix A" and incorporated herein as if fully set
  • Defendant, its successors and assigns, shall maintain and preserve from destruction, for a
  • Within thirty days of the entry of this Consent Decree, provide a copy of the Decree to each ersons to whom this Consent Decree is transmitted, including the transmission documents;
  • Defendant waives any rights that may arise under the Equal Access to Justice Act,
  • Assistant Attorney General Civil Division
  • United States Attorney Northern District of Alabama
  • Regional Director Atlanta Regional Office Federal Trade Commission
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