UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
FEDERAL TRADE COMMISSION, CIV-96-388-M
Plaintiff, PLAINTIFF'S MOTION TO
SHOW CAUSE WHY
v. DEFENDANTS SHOULD
NOT BE FOUND IN
H.G. KUYKENDALL, JR., CONTEMPT FOR
DIVERSIFIED MARKETING SERVICE CORP., VIOLATING THE
H.G. KUYKENDALL, SR., PERMANENT INJUNCTION
C.H. KUYKENDALL,
NATIONAL MARKETING SERVICE, INC.,
NPC CORPORATION OF THE MIDWEST, INC., and
MAGAZINE CLUB BILLING SERVICE, INC.,
Defendants.
Plaintiff, the Federal Trade Commission (the "FTC" or "Commission"),
respectfully submits this Motion to Show Cause Why Defendants Should Not Be Found
in Contempt for Violating the Permanent Injunction issued in this case.
H.G. Kuykendall, Jr., Diversified Marketing Service Corp., H.G.
Kuykendall, Sr., C.H. Kuykendall, National Marketing Service, Inc., NPC Corporation
of the Midwest, Inc., and Magazine Club Billing Service, Inc. ("defendants"), for the
past five years, have continued to operate their magazine subscription business in direct
violation of the terms of the Permanent Injunction ("PI") entered by this Court in
October 1996. As more fully outlined in the accompanying Memorandum in Support of
this Motion and accompanying exhibits, defendants have engaged in precisely the same
deceptive, misleading, and unfair practices that led to the FTC's original action -
misrepresenting the cost or duration of the subscriptions, misrepresenting the reason
they obtain consumers' financial account information, charging consumers' accounts
without authorization or agreement, refusing to cancel subscriptions, violating state
SNIPPETS:
C.H. KUYKENDALL, NATIONAL MARKETING SERVICE, INC.,
Plaintiff, the Federal Trade Commission,
respectfully submits this Motion to Show Cause Why Defendants Should Not Be Found
in Contempt for Violating the Permanent Injunction issued in this case.
H.G. Kuykendall, Jr., Diversified Marketing Service Corp., H.G.
Kuykendall, Sr., C.H. Kuykendall, National Marketing Service, Inc., NPC Corporation
of the Midwest, Inc., and Magazine Club Billing Service, Inc., for the
have continued to operate their magazine subscription business in direct
this Motion and accompanying exhibits, defendants have engaged in precisely the same
deceptive, misleading, and unfair practices that led to the FTC's original action
they obtain consumers' financial account information,
without authorization or agreement, refusing to cancel subscriptions, violating state
laws regarding the ability to cancel telemarketing "contracts," threatening consumers'
These practices violate the FTC Act, the Telemarketing Sales
Each of defendants' subscription "agreements" entered into since the PI is
The Commission also requests that the Court modify the PI to ban
the Commission moves the Court to modify the PI to allow
of the PI amount to widespread contempt, in total disregard for the PI and the Court's
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