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UNITED STATES v MONARCH SERVICES INC Click to find out why . . .



Keywords & Phrases
CaseNo: USVMSI186487, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, Plaintiff: UNITED STATES, State: MD Maryland, UniqueCaseRef: LCD>USVMSI186487, Girls, Life, Exhibit, Friends, Customers, Consent Decree, Personal Information, Civil Penalties, Act, Online, Relief, Privacy, Disclosure, Website, Violation, Parents, Practices, Dog, Complaint, Commission, Injunction, Successors, United States, School, Ftc Act, Compliance, Bigmailbox, Period Question, Statement Setting, Postcards, Federal Trade, Life Body Message, Fun, Advice, Life Mail, Pixi, Consent, Directors, Bras, Federal Trade Commission, Privacy Protection, Internet, Protection, Entry , ContentID: 120248086

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 119858
11 pages
PDF
2 2000-12-09 EXHIBITS
[ see first page and extracted highlights below  ] ItemID: 119860
64 pages
PDF
3 2000-05 CONSENT DECREE
[ see first page and extracted highlights below  ] ItemID: 119859
10 pages
PDF
Total Documents: 3 documents , 85 pages
Price: $ 29.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
PERSONAL INFORMATION
DISCLOSURE
ACT
VIOLATION
ONLINE
CIVIL PENALTIES
PRACTICES
WEBSITE
COMPLAINT
RELIEF
INJUNCTION
PARENTS
FTC ACT
PRIVACY
EXHIBIT
PLAINTIFF
CONSENT
UNITED STATES
GIRLS
LIFE
FEDERAL TRADE COMMISSION
PRIVACY PROTECTION
INTERNET
COURT
PRIVACY POLICY
CONJUNCTION
COMMERCE
EMAIL ACCOUNTS
FAILING
Stephen M. Schenning
United States Attorney
By:
Assistant United States Attorney
Suite 6625
101 West Lombard Street
Baltimore, Maryland 21201
(410) 209-4800


                          IN THE UNITED STATES DISTRICT COURT
                              FOR THE DISTRICT OF MARYLAND


 UNITED STATES OF AMERICA,                                  Civil Action No.  AMD 01 CV 1165

                                          Plaintiff,        COMPLAINT FOR CIVIL
                                                            PENALTIES, INJUNCTIVE, AND
         v.                                                 OTHER RELIEF

 MONARCH SERVICES, INC. and GIRLS' LIFE,
         INC.,
         corporations,

                                          Defendants.


        Plaintiff, the United States of America, acting upon notification and authorization to the

General by the Federal Trade Commission ("FTC" or "Commission"), for its Complaint alleges that:

        1. Plaintiff brings this action under Sections 1303(c) and 1306(d) of the Children's Online

Privacy Protection Act of 1998 ("COPPA"), 15 U.S.C. §§ 6501-6506, 6502(c), and 6505(d), and

Sections 5(a)(1), 5(m)(1)(A), 13(b), and 16(a) of the Federal Trade Commission Act ("FTC Act"), 15

U.S.C. §§ 41-58, 45(a)(1), 45(m)(1)(A), 53(b), and 56(a), to obtain monetary civil penalties, a

permanent injunction, and other equitable relief for defendants' violations of the Commission's

Children's Online Privacy Protection Rule (the "Rule"), 16 C.F.R. Part 312.



                                    JURISDICTION AND VENUE

        2.        This Court has jurisdiction over this matter under 28 U.S.C. §§ 1331, 1337(a),

SNIPPETS:
  • Assistant United States Attorney
  • IN THE UNITED STATES DISTRICT COURT
  • Plaintiff, the United States of America, acting upon notification and authorization to the
  • General by the Federal Trade Commission, for its Complaint alleges that:
  • Plaintiff brings this action under Sections 1303and 1306of the Children's Online
  • Sections 5, 5, 13, and 16of the Federal Trade Commission Act, 15
  • Children's Online Privacy Protection Rule,
  • "person," "personal information," "third party," "verifiable consent," and "website or online
  • unauthorized or unnecessary collection of children's personal information by Internet website
  • COMPLAINT FOR CIVIL PENALTIES, INJUNCTIVE, AND OTHER RELIEF, PAGE 2 OF 12
  • complete notice of its information practices,
  • disclosure practices for such information,
  • Giving parents the option to consent to the collection and internal use of their
  • Rule constitutes an unfair or deceptive act or practice affecting commerce, in violation of
  • Defendant Girls' Life, Inc. is a closely-held Maryland corporation with its principal
  • Since at least April 21, 2000, defendants have been operators of www.girlslife.com
  • commerce, as "commerce" is defined in Section 4 of the FTC Act, 15 U.S.C. § 44.
  • Defendants, alone and in conjunction with other website operators, offer several free
  • (Exhibit A.)
  • ask children opening email accounts to submit their city, state, and country.
  • 9/15/00 www.bigmailbox.com privacy policy, Exhibit G.)
  • Failing to provide notice to parents of what information they collect online from
  • CIVIL PENALTIES, INJUNCTION AND OTHER RELIEF

  • 2 . EXHIBITS

    EXTRACTED KEY WORDS
    LIFE
    EXHIBIT
    FRIENDS
    CUSTOMERS
    DOG
    SCHOOL
    BIGMAILBOX
    PERIOD QUESTION
    POSTCARDS
    LIFE BODY MESSAGE
    FUN
    ADVICE
    LIFE MAIL
    PIXI
    PRIVACY
    BRAS
    SKIPPING
    ACCOUNT
    CHARACTERS
    RESOURCES
    WEBMASTERS
    HOTLINE
    SUPER TAMPONS
    DOGS BORN
    FIRST SPACE
    TRAVELER
    SITTING
    ADVERTISING
    JESSICA
    
     Welcome  to  Girls  Life                                                                          
     of  3
    
    
       Girls' Life
    
    
                             Contests
    
                             Check  out  four  great  Girls"  Life  contests                           
                             read  about  boy  bands  or  win  great  holiday                          
    
                                                                       Meet  Christina                 
                                                                       day.
    
                                                                       She  sings,  she  dances,  she 
                                                                       Eminem!        Ever  wish  you 
                                                                       Christina      Aguilera  for  a 
                                                                       chance!  Girls'  Life,  Power 
                                                                       Port  Discovery:          the 
                                                                      want  you  to  imagine  what  It 
                                                                       be  the  divine  Miss  A  for  a
    
                                                                      What  would  you  do?  Cut  a 
                                                                      your  next  hit  video?  Perform 
                             Video  Awards                and  spend  the  rest  of  the.eyening       
    
                             Tell  us  in  100  to  500  words  how  you  would  spend  your  24  hours
                             Christina's         heels  and  your  rock  `n'  roll  dream  could  come 
    
                             If  your  essay  is  the  best,  we'll  fly  you,  your  guardian         
                             guests        to  Baltimore         for  your  own  personal  rock  `n' 
                             December            9,  2000.  First  you'll  spend  the  afternoon       
                             imagination           run  wild  at  Port  Discovery,              the 
                            Next  it's  off  to  dinner  at  the  Hard  Rock  Caf6  (Christina         
                            without          burgers!).        Then  you'll  be  our  very  special 
                            biggest  concert                of  the  season,  the  8102  Mistletoe     
                            Catch  Christina,               Brian  McKnight,         BB  Mak,  the 
                            from  your  primo  seats.  You'll  even  dash  backstage                   
                            herself  to  compare                diva  dish!
    
                            E-mail           your  essay  to  glcontest@qir!s_life.com                 
                            essay  to:
                            Christina           Contest,         c/o  Girls'  Life,  4517  Harford     
                            Baltimore,             MD  21214.  Your  entry  must  include              
                            address,           age  and  a  telephone                number           
                            parent/guardian                     can  be  reached            during     
                            doesn't           contain         this  information,            your  essay
                            chosen!
    
    SNIPPETS:
  • Girls' Life
  • Don't know what to get your friends for the holida ys?
  • EXHIBIT B
  • Postcards
  • Calling all dog lovers.
  • state has the most dogs born in one year?
  • And did you know a dog was the first space
  • traveler to the moon?
  • Sitting in a playpen,
  • Going into school,
  • The crushes and all the fun!
  • "Girls' Life Mail" is powered by @ 1999-2000 BigMailBox.com,
  • Mlnimum 2 characters.
  • May contain letters, numbers, underscores (Account Name):
  • At BigMailBox.com, Inc., we guard our clistonlers' privacy.
  • Privacy of the Mailboxes We consider our customers' mailboxes and the content of all messages
  • Webmasters We only collect the information necessary to set up and service our Webmasters
  • Girls' Life Message Boardsthe advice you need could be just a click away.
  • insults, general chatting or advertising.
  • immediately refer to the RESOURCES we've provided.
  • National Youth Crisis Hotline:
  • I Girls' Life Body Message Board
  • PiXi*: Re: 2 all girls on here who are upset about boob size (30-Aug-00
  • Jessica: Re: I have acne and I am only I I (30.hg-00
  • Bri: Re: Super Tampons!
  • Linky: Period QuEsTiOn (26-fug-00
  • Skipping a month

  • 3 . CONSENT DECREE

    EXTRACTED KEY WORDS
    DEFENDANTS
    CIVIL PENALTIES
    COMMISSION
    SUCCESSORS
    RELIEF
    COMPLIANCE
    ONLINE
    STATEMENT SETTING
    FEDERAL TRADE
    PERSONAL INFORMATION
    PRIVACY
    UNITED STATES
    PARENTS
    WEBSITE
    DIRECTORS
    ATTORNEYS
    PROTECTION
    ENTRY
    COMPLIANCE GUIDE
    CORPORATIONS
    REPRESENTATIVES
    ACT
    OFFICERS
    EMPLOYEES
    MONARCH SERVICES
    LIFE
    PLAINTIFF
    PARTIES
    AGENTS
    
    Stephen M. Schenning
    United States Attorney
    By:
    Assistant United States Attorney
    101 West Lombard Street, Suite 6625
    Baltimore, Maryland 21201
    (410) 209-4800
    
    
                               IN THE UNITED STATES DISTRICT COURT
                                  FOR THE DISTRICT OF MARYLAND
    
    
     UNITED STATES OF AMERICA,                                   Civil Action No.  AMD 01 CV 1165
    
                                              Plaintiff,         CONSENT DECREE AND ORDER
                                                                 FOR CIVIL PENALTIES,
              v.                                                 INJUNCTIVE, AND OTHER RELIEF
    
     MONARCH SERVICES, INC. and GIRLS' LIFE,
              INC.,
              corporations,
    
                                              Defendants.
    
    
             WHEREAS plaintiff, the United States of America, has commenced this action by filing 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 parties have agreed to
    
    settlement of this action upon the following terms and conditions, without adjudication of any
    
    fact or law and without defendants admitting liability for any of the matters alleged in the
    
             THEREFORE, on the joint motion of plaintiff and defendants, it is hereby ORDERED,
    
    ADJUDGED, and DECREED as follows:
    
    
    
            1.        This Court has jurisdiction over the subject matter and of the parties.
    
            2.        The Complaint states a claim upon which relief may be granted against the
    
    under Sections 1303(c) and 1306(d) of the Children's Online Privacy Protection Act of 1998
    
    ("COPPA"), 15 U.S.C. §§ 6501-6506, 6502(c), and 6505(d), and Sections 5(a)(1), 5(m)(1)(A),
    
    SNIPPETS:
  • Assistant United States Attorney
  • WHEREAS plaintiff, the United States of America, has commenced this action by filing the
  • Complaint herein; defendants have waived service of the Summons and Complaint; the parties
  • under Sections 1303and 1306of the Children's Online Privacy Protection Act of 1998
  • 13, and 16of the Federal Trade Commission Act, 15 U.S.C. §§ 41-58,
  • Commission's Children's Online Privacy Protection Rule, 16 C.F.R. § 312, or as the Rule may
  • Life, Inc. and their officers; and each of the above's successors and assigns, agents,
  • CONSENT DECREE AND ORDER FOR CIVIL PENALTIES, INJUNCTIVE, AND OTHER RELIEF, PAGE 2 OF 13
  • Defendants, their successors and assigns, and their officers, agents, servants, employees
  • and attorneys, and all persons in active concert or participation with any one or more of
  • directly or through any corporation, subsidiary, division, website, or other device, any
  • For a period of five years from the date of entry of this Consent Decree,
  • within the direct notice required to be sent to parents by Section 312.4of the Rule,
  • and at each location on its websitewhere personal information is
  • The Federal Trade Commission may change
  • Defendants Monarch Services, Inc. and Girls' Life, Inc., and their successors and
  • Children's Online Privacy Protection Rule ("compliance guide") (attached hereto as
  • "Appendix B") to each of their current principals, officers, directors, and managers, and to
  • a statement setting forth in detail each place where the privacy notice is located
  • change in the corporations about which defendants, their successors and assigns, learn less
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