IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, NORTHERN DIVISION
UNITED STATES OF AMERICA, Plaintiff,
v.
IOMEGA CORPORATION, Defendant.
Case 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 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:
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).
DEFINITION
For the purposes of this Consent Decree, the term "Mail Order Rule"
means the Federal Trade Commission's Trade Regulation Rule Concerning
Mail or Telephone Order Merchandise, 16 C.F.R. Part 435, or as the
Rule may hereafter be amended.
CIVIL PENALTY
1. Defendant Iomega Corporation, its successors and assigns, shall pay
to 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 $900,000. Defendant shall make this payment within five (5) days of
the date of entry of this Consent Decree by electronic fund transfer
in accordance with the instructions provided by the Office of Consumer
Litigation, Civil Division, U.S. Department of Justice, Washington,
SNIPPETS:
IN THE UNITED STATES DISTRICT COURT
UNITED STATES OF AMERICA, Plaintiff,
IOMEGA CORPORATION, Defendant.
WHEREAS plaintiff, the United States of America, has commenced this action by filing the
THEREFORE, on the joint motion of plaintiff and defendant, it is hereby ORDERED, ADJUDGED,
The Complaint states a claim upon which relief may be granted against the defendant under
For the purposes of this Consent Decree, the term "Mail Order Rule" means the Federal Trade
Defendant shall make this payment within five days of the date of entry of this Consent
Defendant, its successors and assigns, and its officers, agents, servants, employees and
Soliciting orders for the sale of telephone or mail order merchandise when they have no
Misrepresenting the shipping time of any cash rebate or service offered in connection with
Defendant, its successors and assigns, and its officers, agents, servants, employees and
ecting commerce, of any personal computer product, are hereby permanently restrained and enjoined
Defendant, its successors and assigns, shall, within thirty days of the entry of this Consent
ent acknowledging receipt of a copy of this Consent Decree, and shall, within ten days of complying
This Court shall retain jurisdiction of this matter for the purposes of enabling any of the
Assistant Attorney General Civil Division
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