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UNITED STATES v ENHANCED SERVICES BILLING INC Click to find out why . . .



Keywords & Phrases
CaseNo: USVESBI226538, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, Plaintiff: UNITED STATES, State: DE Delaware, UniqueCaseRef: LCD>USVESBI226538, Billing, Complaint, Federal Trade Commission, Representatives, Entry, Ftc, Lec, Act, Subscriber, Equity Holdings, Charges, Hereby, Billing Records, Telephone-billed Goods, Violations, Enhanced Services Billing, Lec Bill, Permanent, Refund, Equitable Relief, Consumers, Subscribers, Certified Public Accountants, Reporting Period, Relief, Parties, Billing Concepts, Vendor, United States, San Antonio, Consumer Redress, Monetary Civil Penalties, Consumer, Customer Service, Settlement , ContentID: 120248063

Case Documents
1   STIPULATED JUDGMENT & ORDER - NEW CENTURY
[ see first page and extracted highlights below  ] ItemID: 119808
30 pages
PDF
2   STIPULATED JUDGMENT & ORDER - ENHANCED
[ see first page and extracted highlights below  ] ItemID: 119807
38 pages
PDF
3   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 119806
15 pages
PDF
Total Documents: 3 documents , 83 pages
Price: $ 29.95


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1 . STIPULATED JUDGMENT & ORDER - NEW CENTURY

EXTRACTED KEY WORDS
BILLING
BUSINESS
REPRESENTATIVES
COMPLAINT
LEC
HEREBY
SUBSCRIBER
EQUITABLE RELIEF
TELEPHONE-BILLED GOODS
PARTIES
BILLING RECORDS
FEDERAL TRADE COMMISSION
VENDOR
CONSUMER
COURT
EQUITY HOLDINGS
LEC BILL
CERTIFIED PUBLIC ACCOUNTANTS
REPORTING PERIOD
DELAWARE CORPORATIONS
UNITED STATES
MONTHLY BASIS
MATERIALS
AUTHORIZE
SAN ANTONIO
FTC ACT
SUBMITTING BILLING RECORDS
CUSTOMER SERVICE
PROVISION
                               UNITED  STATES  DISTRICT  COURT
                               FOR  THE  DISTRICT  OF COLUMBIA


                                                        1
UNITED  STATES  OF AMERICA                              1
                                                        1
                                                        ) )
        Plaintiff,                                      1



ENHANCED  SERVICES  BILLING,  INC.,  and
BILLING  CONCEPTS,  INC.,
Delaware  Corporations,
both with  their principal  place of business at
411 John Smith  Drive,  Suite 200
San Antonio,  Texas 78229; and

NEW  CENTURY  EQUITY  HOLDINGS  CORP.
A  Delaware Corporation,
10 10 1 Reunion Place, Suite 450
San Antonio,  Texas 78216

        Defendants.


STIPULATED  FINAL  JUDGMENT  AND  ORDER  FOR  PE RMANENT  INJUNCTION
AND  OTHER  EQUITABLE  RELIEF  WITH  DEFENDANT  NEW  CENTURY  EQUITY
HOLDINGS  CORP.

        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 any issue 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:

SNIPPETS:
  • BILLING CONCEPTS, INC.,
  • Delaware Corporations, both with their principal place of business at
  • San Antonio, Texas 78229; and
  • STIPULATED FINAL JUDGMENT AND ORDER FOR PE RMANENT INJUNCTION AND OTHER EQUITABLE RELIEF WITH
  • 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
  • This Court has jurisdiction over the subject matter and the parties.
  • under §5of the FTC Act,
  • "Commission" or "FTC" shall mean the Federal Trade Commission.
  • "Defendant" means New Century Equity Holdings Corp., its divisions,
  • "Line Subscriber" means an individual or entity that has arranged with a Local
  • to charge a Telephone-Billed Good or Service to that individual's LEC bill,
  • "Vendor" means an entity that offers any good or service that is billed to Line
  • Defendant is hereby permanently restrained and enjoined from submitting a billing record
  • from providing customer service or submitting a billing record to any LEC for inclusion on any
  • For each Vendor of Telephone-Billed Goods or Services who contracts
  • All advertising and other materials,
  • third party retained to perform services relating to consumer
  • the address set forth in Paragraph XV below and to the firm of certified public accountants
  • weeks after the reporting period ends.
  • management services for LEC billing records.
  • or Services, Defendant, and its representatives are hereby restrained and enjoined from
  • both in the aggregate and on a monthly basis;
  • the purpose of monitoring and investigating Defendant's compliance with any provision of this

  • 2 . STIPULATED JUDGMENT & ORDER - ENHANCED

    EXTRACTED KEY WORDS
    FEDERAL TRADE COMMISSION
    ENTRY
    BUSINESS
    REPRESENTATIVES
    LEC
    BILLING
    SUBSCRIBER
    COMPLAINT
    PERMANENT
    REFUND
    CHARGES
    FTC
    COURT
    HEREBY
    BILLING RECORDS
    LEC BILL
    TELEPHONE-BILLED GOODS
    SETTLEMENT
    REPORTING PERIOD
    DOLLAR AMOUNT
    CERTIFIED PUBLIC ACCOUNTANTS
    PRINCIPALS
    EQUITABLE RELIEF
    RECURRING CHARGES
    SUCCESSORS
    PAY-PER-CALL RULE
    PROVISIONS
    DEFENDANTS ADMITTING LIABILITY
    PERMANENT INJUNCTION
    
                                      UNITED  STATES  DISTRICT  COURT
                                      FOR  THE  DISTRICT  OF  COLUMBIA
    
    
    
    
    UNITED  STATES  OF  AMERICA
    
    
    
            Plaintiff,
    
    
                                                               j           L
                                                               )
    ENHANCED  SERVICES  BILLING,  INC.,  and                   >
    BILLING  CONCEPTS,  INC.,                                  1
    Delaware  Corporations,                                    >
    both  with  their  principal  place  of  business  at      )
    7411  John  Smith  Drive,  Suite  200                      )
    San Antonio,  Texas  78229;  and                           ) )
    NEW  CENTURY  EQUITY  HOLDINGS  CORP.                       1
    A Delaware  Corporation,                                    )
    10101  Reunion  Place, Suite  450                           >
    San Antonio,  Texas  78216                                  1
                                                                )
             Defendants.                                        1
                                                                1
    
      STIPULATED           FINAL  JUDGMENT            AND  ORDER  FOR  PERMANENT               
      AND  OTHER  EQUITABLE                 RELIEF  WITH  DEFENDANTS              ENHANCED  SERVICES
                             BILLING,  INC.  AND  BILLING              CONCEPTS,  INC.
    
             WHEREAS:  Plaintiff,  the United  States of  America,  has commenced  this action  by 
    
    the  Complaint  herein;  Defendants  have  waived  service  of  the  Summons  and  Complaint;  the
    
    parties  have  been  represented  by the  attorneys  whose  names  appear  hereafter;  and  the 
    
    have  agreed  to  settlement  of  this action  upon  the  following  terms  and  conditions, 
    
    adjudication  of  any issue of  fact  or  law  and  without  Defendants  admitting  liability  for 
    
    
    
    matters  alleged  in  the  Complaint;  and  the parties  have  agreed  to  the  entry  of  this 
    
    Judgment  and  Order  for  Permanent  Injunction  and  Other  Equitable  Relief  ("Order")  by  this
    
    
    SNIPPETS:
  • the Complaint herein; Defendants have waived service of the Summons and Complaint; the
  • adjudication of any issue of fact or law and without Defendants admitting liability for any
  • and the parties have agreed to the entry of this Stipulated Final
  • Judgment and Order for Permanent Injunction and Other Equitable Relief by this
  • Court to resolve all matters of dispute between them in this action;
  • Federal Trade Commission Act ("FTC Act"),
  • successors, or assigns, engage in LEC Billing activities, as the term "LEC Billing" is defined
  • However, for purposes of this Order, Platinum and its divisions, affiliates, successors,
  • Telephone-Billed Goods or Services and transmitting those billing records to Local Exchange
  • "Line Subscriber" means an individual or entity that has arranged with a Local
  • to charge a Telephone-Billed Good or Service to that individual's LEC bill,
  • Defendants are hereby permanently restrained and enjoined from submitting a billing
  • with Defendants for the billing of Recurring Charges:
  • each such verification company's officers and principals;
  • business relationship with the Vendor, and if not, which documents
  • dollar amount and'rate of refunds made to consumers
  • Each of the reports shall be produced three months after the reporting period ends.
  • XVII below and to the firm of certified public accountants hired pursuant to provisions A and
  • enjoined from failing to comply with the Pay-Per-Call Rule, including, but not limited to, the
  • the Line Subscriber may request a refund or credit for such a charge
  • LEC Billing, Defendants, and their representatives are hereby restrained and enjoined from
  • For details of the settlement, call the FTC, l-202-326-3060, or visit www.fic.gov.
  • Other Equitable Relief set forth above, and consent to the entry hereof.

  • 3 . COMPLAINT

    EXTRACTED KEY WORDS
    ACT
    BILLING
    FTC
    EQUITY HOLDINGS
    COMPLAINT
    VIOLATIONS
    ENHANCED SERVICES BILLING
    CONSUMERS
    SUBSCRIBERS
    PLAINTIFF
    RELIEF
    CHARGES
    BILLING CONCEPTS
    CONSUMER REDRESS
    MONETARY CIVIL PENALTIES
    FEDERAL TRADE COMMISSION
    TELEPHONE BILLS
    DELAWARE CORPORATION
    SAN ANTONIO
    PRACTICES
    MONTHLY MINIMUM FEE
    BILLING ENTITY
    UNITED STATES
    NOTIFICATION
    DISPUTE RESOLUTION ACT
    CALLING CARD
    CUSTOMER SERVICE
    REASONABLY AVOID
    BILLING ERROR
    
    :                                     UNITED  STATES  DISTRICT  COURT
                                          FOR THE  DISTRICT  OF COLUMBIA
    
    
                                                               CASE  NUMBER  1:01c!v01660
          UNITED  STATES  OF AMERICA                           JUDGE:  Ricardo              M.  Urbina
                                                               DECK  TYPE:  General               Civil
    
                                                               DATE  STAMP:  08/01/2001
                  Plaintiff,
                                                                 .  )         Crv.  NO.
                  v.                                                )  COMPLAINT  FOR  CIVIL
                                                                    )  PENALTIES,  PERMANENT
                                                                    )  INJUNCTION,  CONSUMER
          ENHANCED  SERVICES  BILLING,  INC.,                       )  REDRESS  AND  OTHER
          BILLING  CONCEPTS,  INC.,                                 )  EQUITABLERELIEF
          Delaware  Corporations,
          both with  their principal  place of business at          i
          411 John Smith  Drive,  Suite 200                         1
          San Antonio,  Texas 78229;                                ) )
          NEW  CENTURY  EQUITY  HOLDINGS  CORP.  )
          A  Delaware  Corporation,                                 1
          10101 Reunion  Place, Suite 450                           )
          San Antonio,  Texas 782 16
                                                                    ; ) 1
                  Defendants.
    
    
                  Plaintiff,  the United  States of America,  acting upon notification  and
    
          Attorney  General by the Federal Trade'Commission  ("FTC"  or "Commission"),  for its
    
          alleges that:
    
                  1.        Plaintiff  brings this  action under Sections $(a)(l),  5(m)(l)(A),  9,
    
          19 of the Federal Trade Commission  Act,  15 U.S.C.  50 45(a)(l),  45(m)(l)(A),  49,53(b), 
    
          and 57b, and the Telephone Disclosure  and Dispute  Resolution Act  of  1992 ("?-DORA"),
    
    
    
    15 U.S.C.  50  5701 et. seq., to obtain injunctive  relief  and consumer redress for violations  of
    
    Section  5(a)( 1) of the Federal Trade Commission  Act,  15 U.S.C.  § 45(a)(l),  and to obtain
    
    monetary  civil  penalties, consumer redress and injunctive  and other relief  for Dkfendants'
    
    violations  of the Commission's  Trade Regulation  Rule Pursuant to the Telephone Disclosure and
    
    SNIPPETS:
  • Plaintiff, the United States of America, acting upon notification and authorization to the
  • Attorney General by the Federal Trade'Commission ("FTC" or "Commission"), for its complaint
  • and 57b, and the Telephone Disclosure and Dispute Resolution Act of 1992,
  • to obtain injunctive relief and consumer redress for violations of
  • Section 5of the Federal Trade Commission Act, 15 U.S.C. § 45, and to obtain
  • consumer redress and injunctive and other relief for Dkfendants'
  • Dispute Resolution Act of 1992,
  • principal place of business at 7411 John Smith Drive, Suite 200, San Antonio, Texas 78229.
  • Enhanced Services Billing, Inc. provides or provided billing and collection services for
  • Defendant Billing Concepts, Inc. is a Delaware corporation with its principal
  • Defendant New Century Equity Holdings Corp.,
  • is a Delaware corporation with its principal place of business at 10101 Reunion
  • arranges to have charges placed on the telephone bills sent to Line Subscribers from their
  • Subscribers on the monthly telephone bills received by Line Subscribers from their LEG.
  • Line Subscriber can call to reach Defendants' customer service department.
  • Inc's unfair and deceptive acts or practices.
  • consumers were being billed for unauthorized charges: Defendants received fees from clients
  • could not reasonably avoid Defendant's billing and collection efforts.
  • monthly minimum fee for a calling card Tom RRV Enterprises, or authorize anyone else to incur
  • reasonable investigation upon notification of a billing error by'a line subscriber.
  • 308.7of the Rule provides that the term "billing entity" includes "any person who transmits
  • constitutes a separate violation for which Plaintiff seeks monetary civil penalties.
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