FTC v TECHNOBRANDS INC - Legal Case Documents


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FTC v TECHNOBRANDS INC

Keywords & Phrases

CaseNo: FVTI109532, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, Plaintiff: FTC, State: VA Virginia, UniqueCaseRef: LCD>FVTI109532, Commission, Ftc Act, Membership, Complaint, Consumer, Entry, Buying Service, Consumers, Act, Federal Trade Commission, Pursuant, Goods, Permanent Injunction, Credit Card, Authorization, Stipulates, Technobrands, Charge, Payment, Practices, Sale, Monetary Relief, Settlement, Affecting Commerce, Equitable Relief, Violation, Representatives, Disclose, Billing Information, Numerous Instances, Relief, Cancellation Request, Representations, Cancel, Employees, Membership Kit, Authorize , ContentID: 120249924

Case Documents

STIPULATED FINAL ORDER
[ see first page and extracted highlights below ] ItemID: 123551

20 pages
PDF

COMPLAINT
[ see first page and extracted highlights below ] ItemID: 123550

8 pages
PDF

Total Documents: 2 documents , 28 pages

Price: $ 24.95

IVESLCD01 KGI0001

1 . STIPULATED FINAL ORDER

EXTRACTED KEY WORDS

COMMISSION
COMPLAINT
FTC ACT
CONSUMER
ENTRY
FEDERAL TRADE COMMISSION
PURSUANT
COURT
GOODS
PERMANENT INJUNCTION
STIPULATES
TECHNOBRANDS
PAYMENT
MONETARY RELIEF
SETTLEMENT
AFFECTING COMMERCE
AUTHORIZATION
REPRESENTATIVES
BILLING INFORMATION
CANCELLATION REQUEST
EMPLOYEES
AUTHORIZE
COMPLIANCE
OBLIGATION
MATERIALS
EQUITABLE RELIEF
AUTHORITY
PRACTICES
PERSONNEL

UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA

)
FEDERAL TRADE COMMISSION, )
)
Plaintiff, ))
v. )
)
TechnoBrands, Inc., ))
Defendant. )
)

STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION AND
SETTLEMENT OF CLAIMS FOR MONETARY RELIEF

Plaintiff, the Federal Trade Commission (the "FTC" or "Commission"), filed a complaint

permanent injunction and other equitable relief against TechnoBrands, Inc. ("TBI"), pursuant to

13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b), alleging violations of

Section 5 of the FTC Act, 15 U.S.C. § 45.

The Commission and Defendant have stipulated to the entry of the following Stipulated

Order for Permanent Injunction and Settlement of Claims for Monetary Relief ("Order") in settlement

of the Commission's complaint against Defendant. The Court, being duly advised in the premises,

FINDINGS

1. This Court has jurisdiction of the subject matter of this action and of Defendant.

Eastern District of Virginia is proper.

2. The Complaint states a claim upon which relief can be granted, and the Commission has

authority to seek the relief it has requested under Sections 5 and 13(b) of the FTC

U.S.C. §§ 45 and 53(b).

3. The acts and practices of Defendant were or are in or affecting commerce, as "commerce" is

defined in Section 4 of the FTC Act, 15 U.S.C. § 44.

4. Defendant waives all rights to seek judicial review of, or otherwise challenge or contest the

SNIPPETS:

Plaintiff, the Federal Trade Commission, filed a complaint for a

permanent injunction and other equitable relief against TechnoBrands, Inc., pursuant to

Section 5 of the FTC Act,

The Commission and Defendant have stipulated to the entry of the following Stipulated Final

Order for Permanent Injunction and Settlement of Claims for Monetary Relief in settlement

of the Commission's complaint against Defendant.

The Court, being duly advised in the premises, finds:

The acts and practices of Defendant were or are in or affecting commerce,

stipulates and agrees to entry of this Order under Section 13of

purported discounts on goods and services.

and the consumer is not required to pay or authorize

payment until after such a presentation; or the solicitation of sales through the mailing of a

"Billing information" means any data that describes, constitutes or provides access to a

IT IS ORDERED that Defendant, and its officers, agents, employees, and attorneys, and all

obligation on the part of the recipient of such offer to pay for the goods or services,

prior to requesting the consumer's authorization to be charged or billed

cancellation request may be directed will be included in membership materials;

personnel within thirty days after the date of entry of this Order,

representatives having responsibilities with respect to the subject matter of this Order,

in order that compliance with the provisions of this

COMMISSION'S AUTHORITY TO MONITOR COMPLIANCE

2 . COMPLAINT

EXTRACTED KEY WORDS

BUYING SERVICE
CONSUMERS
ACT
DEFENDANT
CREDIT CARD
CHARGE
FTC ACT
SALE
VIOLATION
DISCLOSE
NUMEROUS INSTANCES
RELIEF
PRACTICES
REPRESENTATIONS
CANCEL
MEMBERSHIP KIT
EQUITABLE RELIEF
COMMISSION
DECEPTIVE ACTS
AUTHORIZATION
DISTRIBUTION
COURT
TBI
ADVERTISING
PURCHASE
PROMOTION
REPRESENTATIONS SET
PARAGRAPH
TRIAL MEMBERSHIP

                                      UNITED STATES DISTRICT COURT FOR THE
                                             EASTERN DISTRICT OF VIRGINIA

                                                                                    )
FEDERAL TRADE COMMISSION,                                                           )
            600 Pennsylvania Avenue, N.W.                                           )
            Washington, DC 20580,                                                   ))
                        Plaintiff,                                                  ))
                        v.                                                          )         Civil
                                                                                    )
TECHNOBRANDS, INC.,                                                                 )
            a Virginia corporation,                                     )
                                                                                    )
                        Defendant.                                                  )
                                                                                    )

     COMPLAINT FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF

            Plaintiff, the Federal Trade Commission ("Commission"), by its undersigned attorneys,

complaint alleges:

            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 secure permanent injunctive relief, rescission of

contracts, restitution, disgorgement, and other equitable relief for Defendant's deceptive acts or

practices in violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a).

                                                   JURISDICTION AND VENUE

            2.          This Court has subject matter jurisdiction over Plaintiff's claims pursuant

§§ 1331(a), 1337(a), and 1345, and 15 U.S.C. §§ 45(a) and 53(b).

            3.          Venue in the United States District Court for the Eastern District of

under 28 U.S.C. § 1391(b) and (c) and 15 U.S.C. § 53(b).

                                                                             1



                                             THE PARTIES

        4.      Plaintiff Federal Trade Commission is an independent agency of the United

States Government created by the FTC Act.  15 U.S.C. §§ 41-58.  The Commission enforces the

SNIPPETS:

COMPLAINT FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF

Plaintiff, the Federal Trade Commission, by its undersigned attorneys, for its

Commission Act, 15 U.S.C. § 53, to secure permanent injunctive relief, rescission of

States Government created by the FTC Act.

which prohibits unfair or deceptive acts or practices in or affecting commerce.

TBI was incorporated on May

addition, since at least 1997, TBI has been engaged in the sale of various products through

From 1997 to 2000, Defendant was engaged in a telemarketing campaign through inbound calls in

third parties to sell buying service memberships under names such as Best Price USA and Triad

Defendant's telemarketers obtained credit card information from consumers

In its sales pitch for the buying service, Defendant represented that consumers