CEC. -06' 01 (THU) 16:39 TEL
127
PAUL. J. McNULTY
United States Attorney
Eastern District of Virginia
Assistant U.S. Attorney
Eastern District ofVirginia
2 100 Jamieson Avenue
Alexandria, VA 223 14
(703)299-3700
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
UNITED STATES OF AMEFKA,
Plaintiff ) > Civil Action No.
V. ) 1
PET EXPRESS, MC. > COMPLAINT FOR CIVIL
3 corporation ) PENALTIES, INJUNCTIVE
d/b/a EPET.NET, LLC, and > AND OTHER RELIEF
JONATHAN KROEGER ;
individually, 1
)
Defendants.
Plaintiff, the United States of America, acting upon notification and
Attorney General by the Federal Trade Commission ("Commission"), for its CompIaint
that:
1. PIaintiff brings this action under Sections 5(a)( 1 ), 5(m)(I)(A),
of the Federal Trade Commission Act ("FTC Act"), I5 U.S.C. $4 45(a)(i), 45(m)(l)(A),
56(a) and 57b to obtain monetary civj] penalties and injunctive and other relief
Complaint, Page 1 019
SNIPPETS:
United States Attorney Eastern District of Virginia
100 Jamieson Avenue Alexandria,
Plaintiff, the United States of America, acting upon notification and authorization to the
Attorney General by the Federal Trade Commission,
56and 57b to obtain monetary civj] penalties and injunctive and other relief for defendants'
Order Merchandise, 16 C.F.R. Part 435, and injunctive relief for violations of
principal place of business 1oc:ated within the Eastern District of Virginia at 7703
practices of Pet Express, Inc., including the various acts and practices set forth herein.
Throughout 1999 and continuing thereafter, when merchandise was not shipped
defendants failed to ship merchandise or the first installment of merchandise ordered for
delivery, they thereby did not, within the stated time, offer the buyer llrl option either to
FTC Act, 15 U.S.C. 4 41 g mg- and became effective February 2, 1976.
At all times material hereto, defmdant has engaged in rhe sale of merchandise
ordered by maiI, telephone or on the Intcmet, in commerce, as "commerce" is defined in Section
some or all of the first installment of merchandise ordered for serial delivery,
the Rule constitutes an unfair or deceptive act or practice in violation of Section 5of the
representations set forth in paragraph 19 at the time the representations were made.
constitutes a separate violation for which plaintiff seeks monetary civil penalties.
Associate Director Division of Enforcement Federal Trade Commission
Assistant Director Division of Enforcement Federal Trade Commission
Commission's Trade Regulation Rule Concerning Mail or Telephone Order Merchandise,
Kroeger shall pay to plaintiff it civil penalty, pursuant to section Sof the Federal Trade
contingent upon the accuracy and completeness of both financial statements.
Consent Decree, provide a copy of this Consent Decree and the Business Guide to the Federal
amount of redress paid to each consumer on this list.
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