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UNITED STATES DISTRICT COU
NORTHERN DISTRICT OF TEXA
DALLAS DIVISION i
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.., By
FEDERAL TRADE COMMISSION, i 1
Plaintiff, 1
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V. ) Civil No.
JOEL KENT BENSON also known as
KENT BENSON
Defendant.
COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE
Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), for its Complaint
as follows:
1. The Commission brings this action under Section 13(b) of the Federal
Commission Act ("FTC Act"), 15 U.S.C. $53(b), to obtain permanent injunctive relief against
defendant to prevent him from engaging in deceptive acts or practices in violation of Section
of the FTC Act, 15 U.S.C. $ 45(a), and to obtain other equitable relief, including
restitution, and disgorgement, as is necessary in order to redress injury to consumers and the
interest resulting from the defendant's violations of the FTC Act.
JURISDICTION AND VENUE
2. Subject matterjurisdiction is conferred upon this Court by 15 U.S.C. 9 53(b)
U.S.C. $91331, 1337(a), and 1345.
3. Venue in the United States District Court for the Northern District of Texas
SNIPPETS:
Plaintiff, the Federal Trade Commission, for its Complaint alleges
Commission Act, 15 U.S.C. $53, to obtain permanent injunctive relief against the
defendant to prevent him from engaging in deceptive acts or practices in violation of Section
interest resulting from the defendant's violations of the FTC Act.
States Government created by statute.
The Commission is authorized to initiate federal district court proceedings,
to enjoin violations of the FTC Act and to secure such other equitable relief as may be
appropriate in each case, including redress and disgorgement.
course of trade in or affecting commerce, as "commerce" is defined in Section 4 of the FTC
through the use of unsolicited commercial email ("UCE" or "spam") sent in bulk to numerous
consumers throughout the country.
The scheme promoted by the defendant instructs a new recruit to mail a five dollar
Upon receipt of the cash payment, the participants email to the new recruit one of four or
of the four or five reports from the other participants, he or she is instructed to forward
message to thousands of new names, using his or her own bulk spam.
The defendant promotes what is commonly known as a "chain letter" or pyramid
Participants can only make money if they recruit a substantial number of newer
In his UCE, the defendant also has represented, expressly or by implication, that the
the defendant's messages includes the following representations:
consumers who participate in the chain letter program are likely to receive substantial
In truth and in fact, in numerous instances, consumers who participate in the chain
constitutes a deceptive act or practice in violation of Section 5of the FTC Act,
This additional information, described in paragraph 21, would be material to
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