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Federal Trade Commission v. Wellco, Inc. et al

Docket 1:21-cv-02081, New York Southern District Court (Mar. 10, 2021)
Judge Mary Kay Vyskocil, presiding
Statutory Actions - Other
DivisionFoley Square
FlagsCLOSED, ECF
Cause15:41 Federal Trade Commission Act
Case Type890 Statutory Actions - Other
Tags890 Statutory Actions, Other, 890 Statutory Actions, Other
Plaintiff Federal Trade Commission
Defendant Wellco, Inc.
Defendant George M Moscone
...
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No. 10 STIPULATED ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT: THEREFORE, IT IS ORDERED ...

Document Federal Trade Commission v. Wellco, Inc. et al, 1:21-cv-02081, No. 10 (S.D.N.Y. Apr. 7, 2021)
Motion for Permanent Injunction
Defendants waive any claim that they may have under the Equal Access to Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action through the date of this Order, and agree to bear their own costs and attorney fees.
The Commission’s agreement to the suspension of part of the judgment is expressly premised upon the truthfulness, accuracy, and completeness of Defendants’ sworn financial statements and related documents (collectively, “financial representations”) submitted to the Commission, namely:
The facts alleged in the Complaint establish all elements necessary to sustain an action by the Commission pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), and this Order will have collateral estoppel effect for such purposes.
Page 6of14 remaining money for such other equitable relief (including consumer information remedies) as it determines to be reasonably related to Defendants’ practices alleged in the Complaint.
Page 7of14 Provided, however, that customer information need not be disposed of, and may be disclosed, to the extent requested by a government agency or required by law, regulation, or court order.
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No. 7 FIRST MOTION for Settlement for Permanent Injunction and Other Equitable Relief

Document Federal Trade Commission v. Wellco, Inc. et al, 1:21-cv-02081, No. 7 (S.D.N.Y. Mar. 12, 2021)
Plaintiff, the Federal Trade Commission (“FTC” or “Commission”), respectfully moves the Court for entry of the attached proposed Stipulated Order for Permanent Injunction and Monetary Judgment against Defendants, Wellco, Inc. and George M. Moscone.
The proposed Stipulated Order is fair and reasonable and in the public interest, in light of SEC v. Citigroup Global Markets, Inc., 752 F.3d 285 (2d Cir. 2014).
The FTC respectfully requests, consistent with Section X of the proposed Stipulated Order, that the Court retain jurisdiction to enforce it.
Whereas cases between private parties typically conclude with a request for dismissal of the case to end the dispute, here the FTC seeks the entry of a Stipulated Order that is public, and which contains injunctive provisions governing conduct, compliance reporting, and monetary payment obligations that require ongoing monitoring.
Moreover, the FTC must sometimes seek contempt against defendants who violate a court’s permanent injunction or final order.
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No. 1 COMPLAINT against George M Moscone, Wellco, Inc

Document Federal Trade Commission v. Wellco, Inc. et al, 1:21-cv-02081, No. 1 (S.D.N.Y. Mar. 10, 2021)
Complaint
At all times relevant to this Complaint, acting alone or in concert with others, Wellco has advertised, marketed, distributed, or sold television antenna products to consumers throughout the United States.
The verdict: If you want to save thousands of dollars and stop paying for cable or satellite tv, and don’t mind losing out on a few random channels you probably won’t even watch, you should try the SkyLink HDTV Antenna.
Users of the TV Scout, SkyWire, SkyLink, and Tilt TV antennas receive a minimum of ten channels, regardless of whether they lived in remote parts of the world or densely populated urban areas;
With the TV Scout, SkyWire, and SkyLink TV Antennas and the corresponding Wellco TV Amplifier, consumers receive cable or subscription channels, including HBO and AMC.
Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest.
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No. 7-1 FIRST MOTION for Settlement for Permanent Injunction and Other Equitable Relief

Document Federal Trade Commission v. Wellco, Inc. et al, 1:21-cv-02081, No. 7-1 (S.D.N.Y. Mar. 12, 2021)
Defendants waive any claim that they may have under the Equal Access to Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action through the date of this Order, and agree to bear their own costs and attorney fees.
The Commission’s agreement to the suspension of part of the judgment is expressly premised upon the truthfulness, accuracy, and completeness of Defendants’ sworn financial statements and related documents (collectively, “financial representations”) submitted to the Commission, namely:
The facts alleged in the Complaint establish all elements necessary to sustain an action by the Commission pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), and this Order will have collateral estoppel effect for such purposes.
Page 6 of 14 remaining money for such other equitable relief (including consumer information remedies) as it determines to be reasonably related to Defendants’ practices alleged in the Complaint.
Page 7 of 14 Provided, however, that customer information need not be disposed of, and may be disclosed, to the extent requested by a government agency or required by law, regulation, or court order.
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Federal Trade Commission v. Pricewert LLC et al

Docket 5:09-cv-02407, California Northern District Court (June 1, 2009)
Ronald M. Whyte, presiding, Howard R. Lloyd
Statutory Actions - Other
DivisionSan Jose
DemandNone
Cause15:0053 Federal Trade Commission Act
Case Type890 Statutory Actions - Other
Tags890 Statutory Actions, Other, 890 Statutory Actions, Other
Plaintiff Federal Trade Commission
Receiver Robb Evans
Intervenor Pla Suren Ter-Saakov
...
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Federal Trade Commission v. CyberSpy Software, LLC et al

Docket 6:08-cv-01872, Florida Middle District Court (Nov. 5, 2008)
Judge Gregory A. Presnell, presiding, Magistrate Judge Gregory J. Kelly
Statutory Actions - Other
DivisionOrlando
FlagsCLOSED
Cause15:0045 Federal Trade Commission
Case Type890 Statutory Actions - Other
Tags890 Statutory Actions, Other, 890 Statutory Actions, Other
Plaintiff Federal Trade Commission
Defendant CyberSpy Software, LLC
Defendant Tracer R. Spence
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Federal Trade Commission v. Digital Enterprises Inc et al

Docket 2:06-cv-04923, California Central District Court (Aug. 8, 2006)
Christina A. Snyder, presiding, Andrew J. Wistrich
Statutory Actions - Other
DivisionLos Angeles (Western Division)
DemandNone
Cause15:0045 Federal Trade Commission Act
Case Type890 Statutory Actions - Other
Tags890 Statutory Actions, Other, 890, Other, Statutory Actions
Plaintiff Federal Trade Commission
Defendant Digital Enterprises Inc
Defendant Triumphant Videos Inc
...
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