UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AMERICA, Plaintiff,
v.
PVI, INC., d/b/a Photo Vend International, a corporation, Defendant.
Case No. 98-6935 CIV-FERGUSON
Magistrate Judge Snow
STIPULATED JUDGMENT AND ORDER FOR PERMANENT INJUNCTION
Plaintiff, the United States of America, acting upon notification and
authorization to the Attorney General by the Federal Trade Commission
("FTC" or the "Commission"), has commenced this action by filing the
Complaint herein. Defendant PVI, Inc., d/b/a Photo Vend International,
has been served with the summons and the complaint. The parties to
this action are represented by the attorneys whose names appear
hereafter; and the parties agree to settlement of this action without
adjudication of any issue of fact or law and without the defendant
admitting liability for any of the violations alleged in the
Complaint;
THEREFORE, on the joint motion of the parties it is hereby ORDERED,
ADJUDGED AND DECREED as follows:
1. This Court has jurisdiction of the subject matter and of the
parties pursuant to 28 U.S.C. §§ 1331, 1337(a), 1345 and 1355,
and 15 U.S.C. §§ 45(m)(1)(A), 53(b) and 57b.
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 19 of the Federal Trade Commission Act
("FTC Act"), 15 U.S.C. §§ 45(a)(1), 45(m)(1)(A), 49, 53(b), and
57b.
3. The activities of the defendant as alleged in the Complaint
are or were in or affecting commerce, as defined in 15 U.S.C.
44.
4. Entry of this Stipulated Judgment and Order is in the public
interest.
5. The defendant enters into this Stipulated Judgment and Order
freely and without coercion. Defendant further acknowledges
SNIPPETS:
UNITED STATES OF AMERICA, Plaintiff,
Plaintiff, the United States of America, acting upon notification and authorization to the
Defendant PVI, Inc., d/b/a Photo Vend International, has been served with the summons and the
The parties to this action are represented by the attorneys whose names appear hereafter; and
Entry of this Stipulated Judgment and Order is in the public interest.
All parties hereby waive all rights to appeal or otherwise challenge or contest the validity
The "Franchise Rule" is the Federal Trade Commission's Trade
Regulation Rule entitled "Disclosure Requirements and Prohibitions concerning Franchising and
"UFOC format" is defined as the Uniform Franchise Offering Circular format which has been
The term "franchise broker" in this Stipulated Judgment and Order shall also encompass any
"Business venture" is defined as any written or oral business arrangement, however,
"Telemarketing" means the advertising, offering for sale, or sale of any good or service to
IT IS ORDERED, ADJUDGED AND DECREED that only the defendant, its successors, assigns,
racting, sale or other promotion, in or affecting commerce, of a franchise, be and are:
Defendant shall pay a civil penalty in the amount of eleven thousand dollars.
Defendant shall provide the civil penalty amount to its undersigned attorney, Andrew Cove, on
IT IS FURTHER ORDERED that for five years after the date of entry of this Stipulated Judgment
gnment, or sale resulting in the emergence of a successor corporation, or any other change in the
Records of every written or oral customer complaint or refund request received by the
l resolution of the complaint or refund request.
Copies of all sales scripts, training materials, advertisements, or other marketing materials
without restraint or interference, permit representatives of the FTC to interview officers,
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