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FTC v LEASECOMM INC Click to find out why . . .



Keywords & Phrases
CaseNo: FVLI91815, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION II, Plaintiff: FTC, State: MA Massachusetts, UniqueCaseRef: LCD>FVLI91815, Leasecomm, Contract, Business Venture, Financing, Federal Trade Commission, Complaint, Ftc Act, Judgement, Massachusetts, Entry, Customers, Violations, Customer, Suit, Ftc, Leasecomm Corporation, Practices, Act, Relief, Lease, Deceptive Acts, District Court, United States, Pursuant, Connection, Permanent, Paragraph, Equitable Relief, United States District, Finance Contracts, Jurisdiction, Injunctive Relief, Provision, Provisions, Virtual Terminals, Prejudice, Predominant Purpose , ContentID: 120255024

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 132221
11 pages
TXT
2 2000-05 STIPULATED FINAL JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 132222
16 pages
TXT
Total Documents: 2 documents , 27 pages
Price: $ 24.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
CONTRACT
BUSINESS VENTURE
FTC ACT
FINANCING
CUSTOMERS
VIOLATIONS
DEFENDANTS
COURT
PRACTICES
COMPLAINT
FEDERAL TRADE COMMISSION
RELIEF
MASSACHUSETTS
LEASE
DECEPTIVE ACTS
DISTRICT COURT
UNITED STATES
CONNECTION
EQUITABLE RELIEF
FINANCE CONTRACTS
JURISDICTION
INJUNCTIVE RELIEF
PROVISIONS
VIRTUAL TERMINALS
BUSINESSES
RESCISSION
LEASECOMM CORPORATION
FINANCING AGREEMENT
POS MACHINE
                        UNITED STATES DISTRICT COURT
                         DISTRICT OF MASSACHUSETTS



   FEDERAL TRADE COMMISSION,
   Plaintiff,

   v.

   LEASECOMM CORPORATION and
   MICROFINANCIAL INCORPORATED, Defendants





   CIVIL ACTION NO.

   COMPLAINT FOR INJUNCTIVE AND
   OTHER EQUITABLE RELIEF

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

   1. This is an action under Sections 13(b) and 19 of the Federal Trade
   Commission Act ("FTC Act"), 15 U.S.C. §§ 53(b) and 57b, to secure
   preliminary and permanent injunctive relief, including rescission of
   contracts, cessation of collections and other equitable relief, for
   defendants' unfair or deceptive acts or practices in violation of
   Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), and the Electronic
   Funds Transfer Act, 15 U.S.C. § 1693k, in connection with financing of
   business ventures and other items provided to individuals and small
   businesses.

                           JURISDICTION AND VENUE

   2. This Court has jurisdiction over this matter pursuant to 15 U.S.C.
   §§ 45(a), 53(b), and 57b, and 28 U.S.C. §§ 1331, 1337(a), and 1345.

   3. Venue is proper in the United States District Court for the
   District of Massachusetts under 15 U.S.C. § 53(b) and 28 U.S.C.
   §§ 1391(b) and (c).

                                 PLAINTIFF

   4. Plaintiff Federal Trade Commission is an independent agency of the
   United States Government created by statute. 15 U.S.C. §§ 41-58. The
SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • Defendants
  • COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF
  • Plaintiff, the Federal Trade Commission, by its undersigned attorneys, alleges:
  • This Court has jurisdiction over this matter pursuant to 15 U.S.C. §§ 45, 53, and 57b, and 28
  • Venue is proper in the United States District Court for the District of Massachusetts under
  • The Commission enforces Section 5of the FTC Act, 15 U.S.C. § 45, which prohibits unfair or
  • The Commission may initiate federal district court proceedings by its own attorneys to enjoin
  • Defendant Leasecomm Corporation is a wholly-owned subsidiary of MicroFinancial with a
  • At all times material hereto, defendants have been engaged in the business of providing
  • "Business venture" includes purported profit making ventures, regardless of how participation
  • Customers usually make no upfront payment for their business venture purchase.
  • Even if customers did read all the fine print in the contract, it is unlikely that they would
  • In some cases Leasecomm splits the payment between the vendor and a supplier of other goods
  • Based on the sales pitch by the vendors, customers think they are signing a financing
  • In fact, even though the monthly payments under the lease cover the full price of the
  • 2A") equipment lease provisions are significantly more favorable to creditors than the
  • Virtual terminals are typically available at little or no cost from alternative sources, such
  • Employees of Leasecomm, acting under pseudonyms and denying their connection to Leasecomm,
  • Absent injunctive relief by this Court, defendants are likely to continue to injure consumers
  • Section 13of the FTC Act, 15 U.S.C. § 53, empowers the Court to grant injunctive and other

  • 2 . STIPULATED FINAL JUDGMENT

    EXTRACTED KEY WORDS
    LEASECOMM
    JUDGEMENT
    COURT
    ENTRY
    FEDERAL TRADE COMMISSION
    CUSTOMER
    SUIT
    COMPLAINT
    FTC
    ACT
    LEASECOMM CORPORATION
    MASSACHUSETTS
    FINANCING
    CONTRACT
    PURSUANT
    PERMANENT
    PARAGRAPH
    UNITED STATES DISTRICT
    PROVISION
    PLAINTIFF
    PREJUDICE
    PREDOMINANT PURPOSE
    CREDIT REPORTING
    SBI
    ELECTRONIC FUNDS TRANSFER
    DEBT COLLECTION
    COMPLIANCE
    EMPLOYEES
    SBI PRODUCT
    
                            UNITED STATES DISTRICT COURT
                             DISTRICT OF MASSACHUSETTS
    
    
    
       FEDERAL TRADE COMMISSION,
       Plaintiff,
    
       v.
    
       LEASECOMM CORPORATION and
       MICROFINANCIAL INCORPORATED, Defendants
    
    
    
    
    
       CIVIL ACTION NO.
    
       STIPULATED FINAL JUDGMENT AND ORDER
    
       Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), filed
       its complaint for a permanent injunction and other relief pursuant to
       Sections 13(b) and 19 of the Federal Trade Commission Act ("FTC Act"),
       15 U.S.C. §§ 53(b) and 57b, and the Electronic Funds Transfer Act
       ("EFTA"), 15 U.S.C. § 1693. The Commission and defendants, Leasecomm
       Corporation and MicroFinancial Incorporated, have conferred through
       counsel and agreed to settlement of this action without adjudication
       of any issue of law or fact herein. This Order resolves all matters
       arising from the allegations in the complaint. The Commission and
       defendants consent to entry of this Stipulated Final Judgment and
       Order ("Order").
    
       THEREFORE, the Commission and defendants, having requested the Court
       to enter this Order, it is ORDERED, ADJUDGED, AND DECREED as follows:
    
                                      FINDINGS
    
       1. This Court has jurisdiction over the subject matter of this case
       and jurisdiction over the defendants. Venue in this district is
       proper.
    
       2. The complaint states a claim upon which relief may be granted
       against defendants under Sections 5(a), 13(b), and 19 of the FTC Act,
       15 U.S.C. §§ 45(a), 53(b), and 57b, and under the EFTA, 15 U.S.C.
       § 1693.
    
       3. The activities of defendants described in the complaint are in or
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • DISTRICT OF MASSACHUSETTS
  • FEDERAL TRADE COMMISSION,
  • Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), filed its complaint for a
  • The Commission and defendants, Leasecomm Corporation and MicroFinancial Incorporated, have
  • This Order resolves all matters arising from the allegations in the complaint.
  • The Commission and defendants consent to entry of this Stipulated Final Judgment and Order.
  • Pursuant to Federal Rule of Civil Procedure 65, the provisions of this Order are binding upon
  • in a printed document or package of documents, the disclosures will be in a type size and
  • in a verbal sales presentation, including promotional seminars, the disclosures will be
  • "Financing" or "financing contract" means any financing arrangement, whether styled as a
  • the term "financing" includes any debt collection activities related to the financing.
  • "Predominant purpose" means the purpose of the financing as represented to the customer by
  • "SBI product lines" means virtual terminals and various other software, software licenses,
  • "SBI judgments" means Leasecomm's uncollected judgments for the SBI product lines.
  • Including in any financing contract any provision that allows defendants to bring a
  • This provision shall not preempt any rule of law that further limits choice of forum or that
  • Where defendants learn subsequent to institution of a suit that paragraph IV.A above has not
  • In lieu of dismissal, defendants may effect a change of forum to a county permitted by the
  • Where defendants effect dismissal of a suit or vacation of a judgment pursuant to paragraph
  • Defendants shall be deemed in compliance with the preceding sentence if they promptly cease
  • The parties consent to the terms and conditions of the Stipulated Permanent Injunction as set
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