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FTC v PAUL K BOIVIN Click to find out why . . .



Keywords & Phrases
CaseNo: FVPKB91923, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, Plaintiff: FTC, State: FL Florida, UniqueCaseRef: LCD>FVPKB91923, Act, Commission, Participating, Ftc Act, Paul, Scheme, Chain Letter, Marketing Program, District, Federal Trade Commission, Ftc, Boivin, Recruit, Practices, Violation, Consumers, Permanent, Internet, Relief, United States, Hereby, Deceptive Acts, Entry, Employees, Agents, Recruits, Complaint, Equitable Relief, Trade Commission, Representations, Pursuant, Personal Service, Sales, Affecting Commerce, Judgement, Permanent Injunction, Matter, Purposes, Multi-level Marketing Program, Officers , ContentID: 120249922

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 123545
8 pages
PDF
2 2000-05 STIPULATED FINAL JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 123546
12 pages
PDF
Total Documents: 2 documents , 20 pages
Price: $ 24.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
DEFENDANT
FTC ACT
CHAIN LETTER
RECRUIT
PRACTICES
VIOLATION
COMMISSION
CONSUMERS
SCHEME
INTERNET
RELIEF
COURT
DECEPTIVE ACTS
FEDERAL TRADE COMMISSION
DISTRICT
COMPLAINT
EQUITABLE RELIEF
TRADE COMMISSION
REPRESENTATIONS
AFFECTING COMMERCE
PAUL
DISGORGEMENT
REDRESS
STATUTE
BOIVIN
BUSINESS
SPAM
INTERNET ADS
MONEY
                          UNITED STATES DISTRICT COURT
                              MIDDLE DISTRICT OF FLORIDA
                                      Tampa Division
______________________________________________________)
FEDERAL TRADE COMMISSION,                                             ))
       Plaintiff,                                                     ))
       v.                                                             )  Civil No.
                                                                      )
PAUL K. BOIVIN, also known as                                         )
PAUL BOWEN, PAUL BOEVIEN,                                             )
PAUL BOWVIEN and PAUL BROWN;                                          )
       individually and doing business as                             )
DESTINY 1999,                                                         )
DESTINY 2000 and                                                      )
DESTINY 2001                                                          ))
       Defendant.                                                     )
______________________________________________________)

     COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF

       Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), for its

Complaint alleges as follows:

       1.      The Commission brings this action under Section 13(b) of the Federal

Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b), to obtain permanent injunctive

relief against the defendant to prevent him from engaging in deceptive acts or practices in

violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), and to obtain other equitable

relief, including rescission, restitution, and disgorgement, as is necessary in order to

redress injury to consumers and the public interest resulting from the defendant's

violations of the FTC Act.



                             JURISDICTION AND VENUE

       2.      Subject matter jurisdiction is conferred upon this Court by 15 U.S.C.

§ 53(b) and 28 U.S.C. §§1331, 1337(a), and 1345.

       3.      Venue in the United States District Court for the Middle District of Florida

is proper under 15 U.S.C. § 53(b) and 28 U.S.C. §§ 1391(b) and (c).
SNIPPETS:
  • COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF
  • The Commission brings this action under Section 13of the Federal
  • Trade Commission Act, 15 U.S.C. § 53, to obtain permanent injunctive
  • violation of Section 5of the FTC Act, 15 U.S.C. § 45, and to obtain other equitable
  • relief, including rescission, restitution, and disgorgement, as is necessary in order to
  • redress injury to consumers and the public interest resulting from the defendant's
  • violations of the FTC Act.
  • Subject matter jurisdiction is conferred upon this Court by 15 U.S.C.
  • Venue in the United States District Court for the Middle District of Florida
  • Plaintiff, the Federal Trade Commission, is an independent agency of the
  • United States Government created by statute.
  • enforces Section 5of the FTC Act, 15 U.S.C. § 45, which prohibits deceptive acts
  • or practices in or affecting commerce.
  • secure such other equitable relief as may be appropriate in each case, including redress
  • Defendant Paul K. Boivin, an individual also known as Paul Bowen, Paul
  • Boevien, Paul Bowvien, and Paul Brown, also does business as Destiny 1999,
  • Defendant Boivin conducts business from his residence
  • substantial course of trade in or affecting commerce, as "commerce" is defined in Section
  • quick" scheme through the use of unsolicited commercial email sent
  • email messages and Internet ads are virtually identical.
  • the new recruit one of four or five different "reports" on how to engage in the scheme,
  • how to send bulk spam and advertise for "free" on the Internet.
  • In a chain letter, each participant pays money to other
  • includes the following representations:

  • 2 . STIPULATED FINAL JUDGMENT

    EXTRACTED KEY WORDS
    PARTICIPATING
    MARKETING PROGRAM
    COMMISSION
    FTC
    PAUL
    COURT
    PERMANENT
    UNITED STATES
    ACT
    HEREBY
    DISTRICT
    BOIVIN
    ENTRY
    EMPLOYEES
    AGENTS
    RECRUITS
    FEDERAL TRADE COMMISSION
    PURSUANT
    PERSONAL SERVICE
    SALES
    SCHEME
    JUDGEMENT
    PERMANENT INJUNCTION
    MATTER
    PURPOSES
    MULTI-LEVEL MARKETING PROGRAM
    OFFICERS
    ACTIVE CONCERT
    PARAGRAPH
    
                              UNITED STATES DISTRICT COURT
                               MIDDLE DISTRICT OF FLORIDA
                                          Tampa Division
    ______________________________________________________)
    FEDERAL TRADE COMMISSION,                                             ))
           Plaintiff,                                                     ))
           v.                                                             )  Civil No.
                                                                          )
    PAUL K. BOIVIN, also known as                                         )
    PAUL BOWEN, PAUL BOEVIEN,                                             )
    PAUL BOWVIEN and PAUL BROWN;                                          )
           individually and doing business as                             )
    DESTINY 1999,                                                         )
    DESTINY 2000 and                                                      )
    DESTINY 2001                                                          ))
           Defendant.                                                     )
    ______________________________________________________)
    
                         STIPULATED FINAL JUDGMENT AND ORDER
                             FOR A PERMANENT INJUNCTION
    
           Plaintiff, Federal Trade Commission ("Commission"), has filed a Complaint for
    
    permanent injunction and other relief in this matter pursuant to Section 13(b) of the
    
    Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b), charging defendant Paul
    
    K. Boivin with violations of Section 5 of the FTC Act, 15 U.S.C. § 45(a).  The parties,
    
    represented by the attorneys whose names appear hereafter, have agreed to entry of this
    
    Stipulated Final Judgment and Order for Permanent Injunction ("Order") by this Court to
    
    resolve all matters in dispute in this action without trial.  Pursuant to agreement and
    
    stipulation, IT IS HEREBY ORDERED, ADJUDGED AND AGREED as follows:
    
    
    
                                           FINDINGS
    
    1.
    1.    This Court has jurisdiction over the subject matter of this case and over the
    
          defendant;
    
    2.    The Complaint states claims upon which relief may be granted against the
    
          defendant under Sections 5(a) of the FTC Act, as amended, 15 U.S.C. §§ 45(a);
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • FOR A PERMANENT INJUNCTION
  • permanent injunction and other relief in this matter pursuant to Section 13of the
  • Federal Trade Commission Act, 15 U.S.C. § 53, charging defendant Paul
  • K. Boivin with violations of Section 5 of the FTC Act,
  • Stipulated Final Judgment and Order for Permanent Injunction by this Court to
  • This Court has jurisdiction over the subject matter of this case and over the
  • Entry of this Order is in the public interest.
  • For the purposes of this Order,
  • "Multi-level marketing program" means any marketing program in which
  • "Participating" in a multi-level marketing program or a prohibited marketing
  • scheme includes, but is not limited to, promoting, marketing, advertising, offering
  • recruits by the participant, program, promoter or others; or non-retail sales
  • made to or by such recruits or their successive generations of recruits.
  • IT IS THEREFORE ORDERED that the defendant, his officers, agents,
  • employees and those persons in active concert or participation with him who
  • receive actual notice of this Order by personal service or otherwise, are hereby
  • IT IS FURTHER ORDERED that the defendant, his officers, agents, servants,
  • actual notice of this Order by personal service or otherwise,
  • multi-level marketing program not subject to Paragraph I,
  • I am sending you this letter as a result of a lawsuit filed by the United States Federal
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