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
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