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1
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REASONS FOR SETTLEMENT
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EXTRACTED KEY WORDS
DEFENDANT CONSENT DECREE MAIL ORDER COMMISSION REASONS ACTS PRACTICES ENTRY PATRIOT COMPUTER CORPORATION PENALTIES ENGAGING TRADE AMOUNT VIOLATION TRADE REGULATION RULE TELEPHONE ORDER MERCHANDISE PURSUANT FEDERAL TRADE COMMISSION COMMISSION HEREBY SETS INJUNCTION BASIS COMPLAINT PAYMENT CIVIL PENALTIES ASSURE COMPLIANCE LAW EXPENSE LITIGATION FOREGOING REASONS |
REASONS FOR SETTLEMENT
This statement accompanies the Consent Decree executed by defendant
Patriot Computer Corporation, in settlement of an action brought to
recover penalties and other equitable relief from the defendant for
engaging in acts or practices in violation of the Commission's Trade
Regulation Rule Concerning Mail or Telephone Order Merchandise, 16
C.F.R. Part 435 ("Mail Order Rule").
Pursuant to Section 5(m)(3) of the Federal Trade Commission Act, as
amended (15 U.S.C. § 45(m)(3)), the Commission hereby sets forth its
reasons for settlement by entry of a Consent Decree and injunction:
On the basis of the allegations contained in the attached Complaint,
the Commission believes that the payment of $200,000 in civil
penalties by the defendant constitutes an appropriate amount upon
which to base a settlement. The amount should assure compliance with
the law by defendant and by others who engage in practices covered by
the Mail Order Rule. Further, defendant is permanently enjoined from
engaging in acts or practices that are prohibited by the Mail Order
Rule. With the entry of such Consent Decree the time and expense of
litigation will be avoided.
For the foregoing reasons, the Commission believes that the settlement
by entry of the attached Consent Decree with Patriot Computer
Corporation is justified and well within the public interest.
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2
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COMPLAINT
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EXTRACTED KEY WORDS
DEFENDANT FTC ACT MAIL ORDER VIOLATION UNITED STATES CIVIL PENALTIES ATTORNEY PLAINTIFF MERCHANDISE NORTHERN DISTRICT COURT TEXAS COMMERCE PATRIOT COMPUTER CORPORATION INJUNCTION FEDERAL TRADE COMMISSION COMPLAINT RELIEF MONETARY CIVIL PENALTIES SALE PRACTICES PROPER ORDERED MERCHANDISE CONSUMERS PROMPT REFUND AUTHORIZATION PERSONAL COMPUTERS PURSUANT INTERNET |
PAUL E. COGGINS
United States Attorney
Northern District of Texas
Assistant United States Attorney
1100 Commerce St., 3rd Floor
Dallas, TX. 75242-1699
(214) 659-8600
(214) 767-2898 (facsimile)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
UNITED STATES OF AMERICA, Plaintiff
v.
PATRIOT COMPUTER CORPORATION, Defendant.
CIVIL ACTION 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 that:
1. Plaintiff brings this action under 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. §§ 45(a)(1), 45(m)(1)(A), 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 the
Sale of Mail or Telephone Order Merchandise (the "Mail Order Rule" or
"Rule"), 16 C.F.R. Part 435, and injunctive or other relief for
defendant's deceptive practices in violation of Section 5(a) of the
FTC Act, 15 U.S.C. § 45(a).
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),
53(b), and 56(a). This action arises under 15 U.S.C. § 45(a)(1).
3. Venue in the Northern District of Texas is proper under 15 U.S.C.
53(b) and under 28 U.S.C. §§ 1391(b-c) and 1395(a).
DEFENDANT
4. Defendant Patriot Computer Corporation is an Ontario corporation
with its Untied States office and principal United States place of
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3
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CONSENT DECREE
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EXTRACTED KEY WORDS
CONSENT DECREE FEDERAL TRADE ATTORNEY FEDERAL TRADE COMMISSION UNITED STATES MAIL ORDER RULE ENTRY BUSINESS NORTHERN DISTRICT PLAINTIFF CIVIL DIVISION PARTIES SUCCESSORS COURT PATRIOT COMPUTER CORPORATION PENALTY COMPLAINT HEREBY PURSUANT PAYMENT JUSTICE COMPLIANCE WESTERN REGION STATEMENT SETTING PROMPT REFUND BUSINESS GUIDE SAN FRANCISCO CONSUMER LITIGATION EMPLOYEES |
PAUL E. COGGINS
United States Attorney
Northern District of Texas
By:
Assistant United States Attorney
1100 Commerce St., 3rd Floor
Dallas, TX. 75242-1699
(214) 659-8600
(214) 767-2898 (facsimile)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
UNITED STATES OF AMERICA, Plaintiff,
v.
PATRIOT COMPUTER 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, upon stipulation 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), 13(b), and
16(a) of the Federal Trade Commission Act, 15 U.S.C. §§ 45(a)(1),
45(m)(1)(A), 53(b), and 56(a).
DEFINITION
3. For the purposes of this Consent Decree, the term "Mail Order Rule"
means the Federal Trade Commission's Trade Regulation Rule Concerning
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