Commission Actions for August 2009

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August 27, 2009

• Federal Trade Commission, plaintiff v. Direct Marketing Concepts, Inc., d/b/a Today’s Health and Direct Fulfillment, ITV Direct, Inc., d/b/a Direct Fulfillment, Donald W. Barrett, Healthy Solutions, LLC d/b/a Direct Business Concepts, Health Solutions, Inc., Alejandro Guerrero, a/k/a Alex Guerrero, Michael Howell, Greg Geremesz, Triad ML Marketing, Inc., King Media, Inc., and Allen Stern, defendants., United States District Court, District of Massachusetts
  Civil Action No. 04-CV-11136-GAO
  FTC File No. 023 3138
• 16 C.F.R. Part 310:  Telemarketing Sales Rule:  Prohibition Of Prerecorded Commercial Telemarketing Calls To Consumers without Consumers' Express Written Agreement To Receive Such Calls:  Final Rule.
  • Text of the Federal Register Notice

August 26, 2009

• In the Matter of Dyna-E International, Inc., a corporation; and George Wheeler, individually and as an officer of Dyna-E International, Inc.
  FTC File No. 082 3187

August 25, 2009

• Federal Trade Commission v. 9107-4021 Quebec, Inc. a corporation also d/b/a Med Provisions, and Pronto Meds, Sameer Malhotra, individually and as an officer of the corporation, and Pooja Malhotra, individually and as an officer of the corporation.
  (United States District Court for the Northern District of Ohio Eastern Division)
  Civil Action No.: 1:08-cv-1051;
  FTC File No. 082 3098
• Federal Trade Commission v. 6554962 Canada Inc., a corporation, also d/b/a Union Consumer Benefits, and Naeem Alvi, individually and as an officer and director of the corporate defendant.
  (United States District Court for the Northern District of Illinois Eastern Division)
  Civil Action No.: 1:08-cv-02309;
  FTC File No. 082 3118
• Federal Trade Commission v. Steven Anthony Breitling, an individual doing business as ICS Financial Group, ICS Financial Firm, ICS Financial Services, ICS Financial Associates, ICS (A Financial Co.), and Integrated Credit Services.
  (United States District Court for the Western District of Oklahoma)
  Civil Action No.: CIV-08-494-M;
  FTC File No. 082 3101
• Federal Trade Commission, Plaintiff, v. USA Financial, LLC, a Florida Limited Liability  Company, American Financial Card, Inc., formerly known as Capitol Financial Inc., a corporation, John F. Buschel, Jr., individually and as owner, officer, or manager of one or both of the above-listed corporations, and Jeffrey R. Deering, individually and as owner, officer, or manager of the above-listed corporations, Richard R. Guarino, individually and as owner, officer, or manager of the above-listed corporations, and Defendants
  (United States District Court for the Middle District of Florida, Tampa Division)
  Civil Action No.: 8:08-cv-899-T-17 MAP;
  FTC File No.: 072-3010
• Federal Trade Commission v. NHS Systems, Inc., a Pennsylvania corporation, also d/b/a National Healthcare Solutions and National Health Net Online, Harry F. Bell, Jr., individually and as an officer or principal of NHS Systems, Inc., Physician Health Service, LLC, a Missouri limited liability company, also d/b/a American and Health Benefits On Line, Donna Newman, individually and as an officer or principal of Physician Health Service, LLC, and John E. Bartholomew, individually.
  (United States District Court for the Eastern District of Pennsylvania)
  Civil Action No.: 08-cv-2215;
  FTC File No. 082 3117
• Federal Trade Commission v. City West Advantage, Inc., a Nevada corporation, also d/b/a Unified Services; and James S. Slemboski, individually and as an officer of, City West Advantage, Inc.
  (United States District Court for the District of Nevada)
  Civil Action No.: 2:08-cv-00609;
  FTC File No. 082 3064
• Federal Trade Commission and Commonwealth of Kentucky ex rel. Jack Conway, Attorney General of Kentucky, Plaintiffs, v. Direct Connection Consulting, Inc., a corporation, also d/b/a Sure Touch Long Distance; Digicom, LLC, a limited liability company, also d/b/a DigiTouch Long Distance; Elliot Borenstein, individually and as an owner, officer or manager of Direct Connection Consulting, Inc., and Digicom, LLC; and Joan R. (Jody) Winter, individually and as an owner, officer or manager of Direct Connection Consulting, Inc., and Digicom, LLC., Defendants.
  (United States District Court for the Northern District of Georgia, Atlanta Division)
  Civil Action No.: 1 08-cv-1739;
  FTC File No.: 082 3075
• In the Matter of Aspen Technology, Inc.
  Docket No. 9310

August 24, 2009

• Federal Trade Commission, Plaintiff, v. United Home Savers, LLP, a Florida limited liability partnership, Stephanie Dietschy, individually and as a partner, officer and/or manager of United Home Savers, and Darin Dietschy, individually and as a partner, officer and/or manager of United Home Savers, Defendants
  (United States District Court for the Middle District of Florida),
  Civil Action No.: 8:08-cv-01735-VMC-TBM;
  FTC File No.: 072-3251

August 20, 2009

• Federal Trade Commission, Plaintiff, v. Grant Connect, LLC; Global Gold, Inc.; Horizon Holdings, LLC; O’Connell Gray, LLC; Pink LP; Vantex Group, LLC; Vertex Group, LLC; Rachael A. Cook; James J. Gray; Steven R. Henriksen; Juliette M. Kimoto; and Randy D. O’Connell, Defendants
  (United States District Court  For The District of Nevada), 
  Civil Action No. 09-CV-01349 -RLH-RJJ FTC
  File No. 092 3108 
• Federal Trade Commission, Plaintiff, v. VirtualWorks, LLC, a limited liability company, also known as Virtual Works, formerly known as Private Date Finder, also doing business as EverPrivate Card and Secret Cash Card; Jerome "Jerry" Klein, individually and as an officer of VirtualWorks, LLC; and Joshua Finer, individually and as an officer of VirtualWorks, LLC, Defendants
  (United States District Court For The Northern District of California, San Jose Division)
  Case No. C09-03815
  FTC File No. 072 3241
• Federal Trade Commission, Plaintiff, v. Swish Marketing, Inc., a corporation; Mark Benning, individually and as an officer of Swish Marketing, Inc.; Matthew Patterson, individually and as an officer of Swish Marketing, Inc.; and Jason Strober, individually and as an officer of Swish Marketing, Inc., Defendants
  (United States District Court For The Northern District of California, San Jose Division)
  Case No. C09-03814
  FTC File No. 072 3241

August 19, 2009

• Federal Trade Commission, Plaintiff, v. Career Hotline, Inc., a corporation, and Susan Bright, individually and as an officer of Career Hotline, Inc., and doing business as Unique Flowers, Defendants.
  (United States District Court for Middle District of Florida, Tampa Division)
  Civil Action No. 09-CV-1483-T17
  FTC File No. 092 3161

August 18, 2009

• 16 C.F.R. Part 310: Telemarketing Sales Rule Fees: Amendment To the Telemarketing Sales Rule Updating the Fees Charged To Entities Accessing the National Do Not Call Registry, As Required By the Do-Not-Call Registry Fee Extension Act of 2007
  • Text of the Federal Register Notice
  • News Release
• United States (For the Federal Trade Commission), Plaintiff, v. Metropolitan Home Mortgage, Inc., a corporation, also doing business as Wholesale Home Lenders, Defendant
  (United States District Court for the Central District of California, Southern Division)
  Civil Action No. 09-05873 (JSL) (RZx)

August 17, 2009

• 16 C.F.R. Part 318: Health Breach Notification Rule: Final Rule -- Issued Pursuant to the American Recovery and Reinvestment Act of 2009 -- Requiring Vendors of Personal Health Records and Related Entities To Notify Consumers When the Security of Their Individually Identifiable Health Information Has Been Breached
  • Text of the Federal Register Notice
  • Health Breach Notification Form
  • News Release

August 14, 2009

• In the Matter of The Dow Chemical Company, a corporation.
  FTC File No. 081 0214

August 12, 2009

• Federal Trade Commission Cigarette Report for 2006 (August 2009)
  • Text of the Commission Report
• Federal Trade Commission Smokeless Tobacco Report for the Year 2006 (August 2009)
  • Text of the Commission Report

August 11, 2009

• United States of America v. Quality Terminal Services, LLC, a limited liability company.
  (United States District Court for the District of Colorado)
  Civil Action No. 09-CV-01853
  FTC File No. 082 3022
• United States of America v. Rail Terminal Services, LLC, a limited liability company.
  (United States District Court for the Western District of Washington)
  Civil Action No. 09-CV-1111
  FTC File No. 082 3023
• In the Matter of Sami Designs, LLC, also doing business as Jonäno, a limited liability company and Bonnie Siefers, individually and as owner of the limited liability company.
  FTC File No. 082 3194
• In the Matter of CSE, Inc., also doing business as MAD MOD, a corporation, and Chris Saetveit and Cyndi Saetveit, individually and as owners of the corporation.
  FTC File No. 082 3181
• In the Matter of Pure Bamboo, LLC, a limited liability company, and Bruce Dear, individually and as the managing member of the limited liability company.
  FTC File No. 082 3193
• In the Matter of The M Group, Inc., also doing business as Bamboosa, a corporation and Mindy Johnson, Michael Moore, and Morris Saintsing, individually and as members of the corporation.
  FTC File No. 082 3184
  Docket No. 9340
• In the Matter of Daniel Chapter One, a corporation, and James Feijo, individually, and as an officer of Daniel Chapter One.
  Docket No. 9329
  File No. 082 3085

August 7, 2009

• 16 C.F.R. Part 425: Trade Regulation Rule Concerning the Use of Prenotification Negative Option Plans: Advance Notice of Proposed Rulemaking: Reopening the Record for the Submission of Public Comments Until October 13, 2009

  • Text of the Federal Register Notice
  • News Release

August 6, 2009

• 16 C.F.R. Part 317: Prohibitions On Market Manipulation in Subtitle B of Title VIII of The Energy Independence and Security Act of 2007: Final Rule and Statement of Basis and Purpose
  • Text of the Federal Register Notice
  • Statement of Chairman Leibowitz
  • Dissenting Statement of Commissioner Kovacic
  • Concurring Statement of Commissioner Rosch
  • News Release
• FTC v. Javian Karnani, and Balls of Kryptonite, LLC, a California Limited Liability Company, all doing business as Bite Size Deals, LLC and Best Priced Brands, LLC.
  (United States District Court for the Central District of California)
  Civil Action No. 09-CV-5276
  FTC File No.   092 3081

August 5, 2009

• In the Matter of Conoco Inc. and Phillips Petroleum Company
  File No. 021 0040,
  Docket No. C-4058
• FTC v. Diamond Phone Card, Inc., Nasreen Gilani, individually and as an officer of Diamond Phone Card, Inc., and Samsuddin Panjawani, individually and as a manager of Diamond Phone Card, Inc.
  (United States District Court Eastern District of New York)
  Civil Action No. 09-CV-3257
  FTC File No. 082 3038

August 3, 2009

• Federal Trade Commission v. John Beck Amazing Profits, LLC, a California limited liability company, John Alexander, LLC, a California limited liability company, Jeff Paul, LLC, a California limited liability company, also d/b/a Shortcuts to Millions, LLC, Mentoring of America, LLC, a California limited liability company, Family Products, LLC, a California limited liability company, Douglas Gravink, an individual, Gary Hewitt, an individual, John Beck, an individual, John Alexander, an individual, and Jeff Paul, an individual.
  (United States District Court Central District of California)
  Civil Action No. 09-CV-4719
  FTC File No. 072 3138