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FTC v JOHN LUTHERAN Click to find out why . . .



Keywords & Phrases
CaseNo: FVJL96933, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, Plaintiff: FTC, State: PA Pennsylvania, UniqueCaseRef: LCD>FVJL96933, Act, Participating, Commission, Ftc Act, Chain, Recruit, Scheme, Marketing Program, Practices, Violation, Consumers, Permanent, Relief, Deceptive Acts, Chain Letter, Entry, Active Concert, Personal Service, District, Affecting Commerce, Internet, Employees, Equitable Relief, Disgorgement, Redress, Statute, Substantial Income, Trade Commission, Permanent Injunction, Ftc, John Lutheran, Multi-level, Prohibited Marketing, Paragraph, Money, Misrepresentations, Chain Mail, Federal Trade , ContentID: 120249917

Case Documents
1   STIPULATED FINAL JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 123540
11 pages
PDF
2   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 123539
8 pages
PDF
Total Documents: 2 documents , 19 pages
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1 . STIPULATED FINAL JUDGMENT

EXTRACTED KEY WORDS
PARTICIPATING
COMMISSION
MARKETING PROGRAM
PERMANENT
ENTRY
COURT
ACTIVE CONCERT
PERSONAL SERVICE
ACT
CHAIN
EMPLOYEES
TRADE COMMISSION
PERMANENT INJUNCTION
FTC
JOHN LUTHERAN
MULTI-LEVEL
PROHIBITED MARKETING
SCHEME
PARAGRAPH
MISREPRESENTATIONS
CHAIN MAIL
LAW ENFORCEMENT
REFUND
NOTIFICATION LETTER
FEDERAL TRADE COMMISSION
MATTER
PURSUANT
DISTRICT
SALES
 1    Submitted By:
 2    David M. Torok
 3    Attorney for Plaintiff Federal Trade Commission
 4    600 Pennsylvania Avenue, N.W., Room H-238
 5    Washington, D.C.  20580
 6    Telephone:        202-326-3075
 7    Facsimile:        202-326-3395
 8    Email:            dtorok@ftc.gov
 9
10                                        UNITED STATES DISTRICT COURT
11                                  SOUTHERN DISTRICT OF CALIFORNIA
12    ______________________________________________________
13                                                                           )
14    FEDERAL TRADE COMMISSION,                                              )
15                                                                           )  Civil No.
16              Plaintiff,                                                   )
17                                                                           )  STIPULATED FINAL
18              v.                                                           )  JUDGMENT AND
19                                                                           )  ORDER FOR A
20    JOHN LUTHERAN,                                                         )  PERMANENT
21                                                                           )  INJUNCTION
22              Defendant.                                                   )
23    ______________________________________________________)
24
25
26
27              Plaintiff, Federal Trade Commission ("Commission"), has filed a Complaint for

28    permanent injunction and other relief in this matter pursuant to Section 13(b) of the Federal

29    Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b), charging defendant John Lutheran with

30    violations of Section 5 of the FTC Act, 15 U.S.C. § 45(a).  The parties have agreed to entry

31    this Stipulated Final Judgment and Order for Permanent Injunction ("Order") by this Court to

32    resolve all matters in dispute in this action without trial.  Pursuant to agreement and

33    IT IS HEREBY ORDERED, ADJUDGED AND AGREED as follows:

34                                                       FINDINGS

35    1.
      1.        This Court has jurisdiction over the subject matter of this case and over the



 1    2.    The Complaint states claims upon which relief may be granted against the defendant

SNIPPETS:
  • Attorney for Plaintiff Federal Trade Commission
  • 28 permanent injunction and other relief in this matter pursuant to Section 13of the Federal
  • 29 Trade Commission Act, 15 U.S.C. § 53, charging defendant John Lutheran with
  • 30 violations of Section 5 of the FTC Act,
  • The Complaint states claims upon which relief may be granted against the defendant
  • Entry of this Order is in the public interest.
  • 15 A. "Defendant" means John Lutheran.
  • 16 B. "Multi-level marketing program" means any marketing program in which participants pay
  • C. "Participating" in a multi-level marketing program or a prohibited marketing scheme
  • D. "Prohibited marketing program" means any marketing program, Ponzi scheme, chain
  • 13 E. "Retail sales" means sales of goods or services to third-party end-users who are not
  • employees and those persons in active concert or participation with him who receive actual
  • notice of this Order by personal service or otherwise,
  • marketing program not subject to Paragraph I, are hereby permanently restrained and enjoined
  • 10 B. Misrepresentations about the benefits any person participating in such an activity
  • 10 court order.
  • 15 FTC's Complaint in this matter, and shall include with the mailed refund a copy of the
  • 17 refund and notification letter, pursuant to Paragraph V of this Order.
  • 21 Trade Commission against me and other participants in this chain mail program.
  • 22 copy of the press release issued by the FTC, announcing the law enforcement action, is
  • 24 States District Court for the Southern District of California).

  • 2 . COMPLAINT

    EXTRACTED KEY WORDS
    FTC ACT
    RECRUIT
    PRACTICES
    VIOLATION
    CONSUMERS
    CHAIN
    DEFENDANT
    COMMISSION
    RELIEF
    DECEPTIVE ACTS
    SCHEME
    CHAIN LETTER
    AFFECTING COMMERCE
    INTERNET
    EQUITABLE RELIEF
    DISGORGEMENT
    REDRESS
    STATUTE
    SUBSTANTIAL INCOME
    MONEY
    FEDERAL TRADE
    REDRESS INJURY
    DISTRICT
    COURT
    DEFENDANT LUTHERAN
    COMPLAINT
    SPAM
    BULK
    ADS
    
     1     David M. Torok
     2     Attorney for Plaintiff Federal Trade Commission
     3     600 Pennsylvania Avenue, N.W., Room H-238
     4     Washington, D.C.  20580
     5     Telephone:        202-326-3075
     6     Facsimile:        202-326-3395
     7     Email:            dtorok@ftc.gov
     89                                        UNITED STATES DISTRICT COURT
    10                                   SOUTHERN DISTRICT OF CALIFORNIA
    11     ______________________________________________________
    12                                                                           )
    13     FEDERAL TRADE COMMISSION,                                             )
    14                                                                           )  Civil No.
    15               Plaintiff,                                                  )
    16                                                                           )  COMPLAINT FOR
    17               v.                                                          )  INJUNCTIVE AND
    18                                                                           )  OTHER EQUITABLE
    19     JOHN LUTHERAN,                                                        )  RELIEF
    20                                                                           )
    21               Defendant.                                                  )
    22     ______________________________________________________)
    23
    24               Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), for its Complaint
    
    25     alleges as follows:
    
    26               1.      The Commission brings this action under Section 13(b) of the Federal Trade
    
    27     Commission Act ("FTC Act"), 15 U.S.C. § 53(b), to obtain permanent injunctive relief against
    
    28     the defendant to prevent him from engaging in deceptive acts or practices in violation of
    
    29     Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), and to obtain other equitable relief,
    
    30     rescission, restitution, and disgorgement, as is necessary in order to redress injury to
    
    31     and the public interest resulting from the defendant's violations of the FTC Act.
    
    32                                           JURISDICTION AND VENUE
    
    33               2.      Subject matter jurisdiction is conferred upon this Court by 15 U.S.C. §
    
    34     28 U.S.C. §§1331, 1337(a), and 1345.
    
    
    
    1            3.      Venue in the United States District Court for the Southern District of
    
    2     proper under 15 U.S.C. § 53(b) and 28 U.S.C. §§ 1391(b) and (c).
    
    SNIPPETS:
  • Attorney for Plaintiff Federal Trade Commission
  • 27 Commission Act, 15 U.S.C. § 53, to obtain permanent injunctive relief against
  • 29 Section 5of the FTC Act, 15 U.S.C. § 45, and to obtain other equitable relief, including
  • 30 rescission, restitution, and disgorgement, as is necessary in order to redress injury to
  • States Government created by statute.
  • Section 5of the FTC Act, 15 U.S.C. § 45, which prohibits deceptive acts or practices in or
  • The Commission is authorized to initiate federal district court proceedings,
  • as may be appropriate in each case, including redress and disgorgement.
  • Defendant Lutheran conducts business from a Post Office
  • 15 practices set forth in this complaint.
  • 19 course of trade in or affecting commerce, as "commerce" is defined in Section 4 of the FTC
  • scheme through the use of unsolicited commercial email ("UCE" or "spam") sent in bulk to
  • The content and form of both the defendant's email messages and Internet
  • Upon receipt of the cash payment, the participants email to the new recruit one of four
  • 17 her own bulk spam or Internet ads.
  • In a chain letter, each participant pays money to other participants preceding
  • 25 consumers who participate in the chain letter program are likely to receive substantial
  • constitutes a deceptive act or practice in violation of Section 5of the FTC Act,
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