Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 1 of 32 PageID 378
`1 of 32 PagelD 378
`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page
`
`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
`
`ORLANDO DIVISION
`
`Case No.
`
`6:20-cv-52-Orl-37G]K
`
`Federal Trade Commission,
`
`Plaintiff,
`
`Vv.
`
`Grand BahamaCruise Line, LLC;
`Ultimate Vacation
`Group, LLC;
`Tropical Accommodations LLC;
`VSC, LLC; Cabb
`Group, LLC;
`Florida V.S.C. Inc.; Johnathan
`Blake Curtis; Anthony DiGiacomo;
`A. Cotroneo; Christina R.
`Christopher
`Peterson; and Robert
`Peterson,
`II
`J.
`
`Defendants.
`
`
`
`[PROPOSED] STIPULATED ORDER FOR PERMANENT INJUNCTION AND
`MONETARY
`JUDGMENT
`Plaintiff, the Federal Trade Commission (“Commission”
`“FTC”), filed its
`Complaint
`(“Complaint”), pursuant to Sections
`
`civil
`
`penalties, permanentinjunction,and otherrelief
`
`or
`
`for
`
`5(a),
`
`5(m)(1)(A), 13(b), 16(a)
`
`and 19 of the Federal Trade Commission Act (“FTC Act”),
`
`15 U.S.C.
`
`§§ 45(a), 45¢m)(1)(A), 53(b), 56(a)
`
`and 57b, and Section 6 of the
`
`Telemarketing
`
`and Consumer Fraud
`
`and Abuse Prevention Act(the “Telemarketing Act”),
`against Johnathan Blake
`Curtis, Anthony DiGiacomo, Grand BahamaCruise Line, LLC, Ultimate Vacation
`
`15 U.S.C. § 6105
`
`Group d/b/a
`
`Royal
`
`Bahama Cruise Line, LLC, Tropical Accommodations, LLC also d/b/a Grand Celebration
`
`Cruise Line, VSC, LLC, and Florida V.S.C. Inc. Plaintiff and
`
`Defendants
`
`stipulate
`
`to the
`
`Settling
`Stipulated Final Order for Permanent Injunction and Civil
`
`entry of this
`
`to resolve all matters in
`
`dispute
`
`in this action between them.
`
`THEREFORE,IT IS ORDEREDasfollows:
`
`Penalty Judgment (“Order”)
`
`

`

`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 2 of 32 PageID 379
`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page
`2 of 32 PagelD 379
`
`FINDINGS
`
`This Court has
`
`jurisdiction
`
`ovex this mattez.
`
`The
`
`Complaint charges
`
`that Defendants
`
`participated
`
`in unfair acts or
`
`practices
`
`in violation
`
`1.
`
`2.
`
`of Section 5 of the FTC Act, 15 U.S.C.
`
`§
`
`45 and the FI'C’s
`
`Telemarketing
`
`Sales Rule
`
`“T'SR”or
`
`(the
`
`as
`
`“Rule”,
`
`telemarketing
`
`amended, 16 C.F.R. Part 310, by, among other
`calls to consumers that delivered
`
`to consumers whose
`
`telephone
`
`things, assisting
`
`and
`
`facilitating:(a) placing
`
`prerecorded messages; (b) placing telemarketing
`numbers were on the National Do Not Call
`
`(“DNC”) Registry;
`
`calls
`
`and
`
`inaccurate caller ID numbers and names with their
`
`telemarketing
`
`calls.
`
`(c) transmitting
`
`3:
`
`Settling
`
`Defendants neither admit nor
`
`specifically
`
`stated in this Order.
`
`Only
`
`for purposes
`
`facts necessary to establish
`
`jurisdiction.
`
`4.
`
`ofthe
`deny any
`allegations
`of this action, Settling
`
`in the
`
`Complaint, except
`
`as
`
`Defendants admit the
`
`Access to
`
`Settling
`
`Defendants waive any claim that
`
`they may have under the
`
`Equal
`
`Justice
`
`Act, 28 U.S.C. § 2412, concerning
`
`the
`
`prosecution
`to bear their own costs and attorney fees.
`
`of this action
`
`through
`
`the date of this Order, and
`
`agree
`
`5.
`
`Settling
`
`Defendants waiveall
`
`to
`
`rights
`
`appeal
`
`or otherwise
`
`challenge
`
`or contest the
`
`validity
`
`of this Order.
`
`DEFINITIONS
`
`For the purpose
`
`of this Order, the
`
`following
`
`definitions
`
`apply:
`
`A.
`
`“Corporate
`
`Defendants” means Grand Bahama Cruise Line, LLC; Ultimate Vacation
`
`Group,
`
`LLC, also d/b/a Royal
`
`Bahama Cruise Line, LLC; Tropical Accommodations LLC,
`
`also d/b/a Grand Celebration Cruise Line; VSC, LLC; and Florida V.S.C. Inc., and their
`
`successors and
`
`assigns.
`
`B. “Established Business Relationship”
`
`means a
`
`relationship
`
`between
`
`Seller and a
`
`person
`
`based on:
`
`the
`
`(a)
`
`person’s purchase,rental,
`
`or lease of the Seller’s
`
`orservices or a
`
`goods
`
`2 of 18
`
`Page
`
`

`

`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 3 of 32 PageID 380
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`
`financial transaction between the Seller and person, within the
`
`eighteen months
`
`immediately
`
`preceding
`
`the date of
`
`the
`
`Telemarketing call;
`
`or
`
`the
`
`(b)
`
`person’s inquiry
`
`or
`
`application
`
`regarding
`
`a
`
`product
`
`orservice offered
`
`the Seller, within the three months
`
`by
`
`immediately
`
`preceding
`
`the date of a Telemarketing
`
`call.
`
`“Individual Defendant” or “Individual Defendants” means
`
`Johnathan
`
`Blake Curtis and
`
`Anthony
`
`DiGiacomo,
`
`individually
`
`and
`
`collectively.
`
`“Lead Generator” means
`
`any person that
`
`in
`
`provides,
`exchange
`consumer information to a Seller or Telemarketer for use in the
`
`for consideration,
`
`Telemarketing
`
`of any goods
`
`ot services.
`
`“National Do NotCall Registry”
`
`means the National Do NotCall
`
`Registry,
`
`which is the
`
`“do-not-call”
`
`registry
`
`maintained
`
`the Commission pursuant
`
`by
`
`to 16 C.F.R.
`
`“Outbound
`
`telephone
`
`call initiated by
`
`a
`
`telemarketer to induce
`
`§ 310.4(b)(1) (ii) B).
`Telephone Call” means a
`orservices orto solicit a charitable contribution.
`
`.
`
`.
`
`.
`
`of
`
`the
`
`purchase
`“Seller” means
`
`goods
`any person who, in connection with a
`
`Telemarketing transaction, provides,
`
`or services to the customer in
`
`offers to
`
`exchange
`
`or
`
`arranges for others to
`
`provide,
`provide goods
`for consideration, whether or not such person is undetthe
`
`jurisdiction
`
`of the
`
`Commission.
`
`“Settling
`
`Defendant” or
`
`“Settling
`
`Defendants” means the Individual Defendants and
`
`Corporate Defendants, individually, collectively,
`
`or in any combination.
`
`meansa
`
`or
`
`goods
`
`use of one or more
`
`telephones
`
`which is conducted to induce the
`plan, program,
`“Telemarketing”
`campaign
`orservices or a charitable contribution, by
`purchase of
`and which involves more than oneinterstate
`
`telephone
`
`call.
`
`3 of 18
`
`Page
`
`

`

`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 4 of 32 PageID 381
`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page
`4 of 32 PagelD 381
`
`ORDER
`
`I.
`
`PERMANENT BAN ON ROBOCALLS
`
`IT IS ORDEREDthat
`
`Settling Defendants, whether
`
`acting directly
`
`or
`
`an
`
`through
`
`intermediary,
`
`ate
`
`restrained and
`permanently
`
`enjoined
`
`from:
`
`A.
`
`Engaging in,
`
`or
`
`assisting
`
`others to
`
`initiation of any Outbound
`
`Telephone
`
`engagein,or assisting
`Call that delivers a
`
`others
`
`engaging
`
`in,the
`
`prerecorded message, unless
`was delivered for the purposes
`
`such Defendant proves that such
`
`prerecorded message
`
`of Section II.C.3 of this Order.
`
`B.
`
`Controlling, holding
`
`a
`
`managerial post in, consulting for, serving
`
`any revenue
`
`sharing agreement with,
`
`or
`
`holding any ownership interest, share,
`
`as an officer in, having
`or stock
`
`in any company that engages in conduct
`
`prohibited
`
`in
`
`paragraph
`
`A of this Section.
`
`II.
`
`PROHIBITIONS ON ABUSIVE TELEMARKETING
`
`IT IS FURTHER ORDEREDthat
`
`Settling Defendants, their agents, and
`
`employees,
`
`and all
`
`other persons in active concert or
`
`participation
`
`with any of them, whoreceive actual notice of this
`
`or
`
`Order, whether
`
`acting directly
`
`indirectly,
`
`in connection with
`
`Telemarketing,
`
`are
`
`permanently
`
`restrained and
`
`enjoined from
`
`engaging in, causing
`
`others to
`
`engagein,
`
`or
`
`assisting
`
`others
`
`engaging
`
`in, any of the
`
`following practices:
`
`A.
`
`Initiating any Outbound
`
`Telephone
`
`Not Call
`
`Registry,
`
`unicss the
`
`Sctting
`
`Call to any telephone
`Defendant proves that the cail was
`
`number listed on the National Do
`
`on behalf of
`
`placed
`
`a Seller to a
`
`person from whom theSeller had:
`
`Obtained the express agreement, in
`
`1)
`
`writing,
`
`of such person
`
`to
`
`place
`
`calls to that
`
`written agreement
`
`must
`
`evidence such
`
`person’s authorization that
`
`person—such
`clearly
`or on behalf of the Seller may be
`by
`
`calls made
`
`the
`
`telephone
`
`placed
`number to which thecalls may be
`
`to that person, and must include
`
`placed
`
`andthe
`
`signature
`
`of that person;
`
`4 of 18
`
`Page
`
`

`

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`
`or
`
`2)
`
`An Established Business
`
`Relationship
`that he or she does not wish to receive Outbound
`
`with such person, and that person has notstated
`
`Telephone
`
`Calls made
`
`or on behalf
`by
`
`of the Seller or Telemarketer.
`
`Initiating any Outbound
`that he or she does not wishto receive an Outbound
`
`Telephone
`
`Call to a
`
`person whenthat person has
`
`previously
`
`stated
`
`Telephone
`
`Call made
`
`by
`
`or on behalf
`
`ofeither the Seller whose
`
`or services are
`
`goods
`
`being offered,
`
`or made
`
`by
`
`or on behalf of the
`
`charitable
`
`organization
`
`for which a charitable contributionis
`
`solicited.
`
`being
`
`Abandoning any Outbound
`Telephone
`operator within two seconds of the
`
`Call to a
`
`person by failing
`
`to connectthecall to a live
`
`person’s completed greeting,
`
`unless the
`
`Settling
`
`B.
`
`C.
`
`Defendant provesthat the
`
`following
`
`four conditions are met:
`
`1)
`
`Thecaller
`
`that ensures abandonment of no more than three
`
`employs technology
`person, measured overthe duration ofa
`percentofall calls answered by
`
`a
`
`single calling
`
`campaign,
`
`if less than
`
`thirty days,
`
`or
`
`separately
`
`over each successive
`
`30-day period
`
`or
`
`portion
`
`thereof that the
`
`campaign continues;
`
`2)
`
`The caller, for each
`
`telemarketing
`
`call
`
`placed,
`
`allowsthe
`
`telephone
`
`to
`
`ring
`
`forat least
`
`fifteen second or four
`
`before
`
`an unanswered
`
`call;
`
`rings
`disconnecting
`Whenevera live operator is not available to
`
`person’s completed greeting,
`recorded message that states the name and
`
`telephone
`
`numberoftheseller or charitable
`
`organization
`
`on whose behalf the call was
`Thecaller retains records, in accordance with 16 C.F.R. § 310.5(b)
`
`placed;
`
`and
`
`4)
`
`—
`
`(d), establishing
`
`compliance
`
`with the
`
`preceding
`
`three conditions.
`
`5 of 18
`
`Page
`
`3)
`
`within two seconds after the
`
`speak
`
`with the person answering
`a
`
`the caller
`
`promptlyplays
`
`thecall
`
`

`

`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 6 of 32 PageID 383
`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page6 of 32 PagelD 383
`
`D.
`
`Failing
`
`to disclose
`
`truthfully, promptly
`
`and in a clear and
`
`conspicuous manner, the
`
`identity
`
`of the Seller, that the purpose
`
`of the call is to sell
`
`or
`
`services, and the nature of the
`
`goods
`
`orservices.
`
`goods
`
`E.
`
`Failing
`
`to transmit or cause to be transmitted to
`
`any Caller Identification Service in use
`
`a
`
`by
`
`of a
`
`recipient
`
`telemarketing
`
`call:
`
`the
`
`(1)
`
`telephone
`
`numberof the telemarketer
`
`making
`
`the
`
`or the
`
`call,
`
`telephone
`
`number for customerservice of the seller on whose behalf thecall is
`
`when madeavailable
`
`made; and, (it)
`by
`telemarketer orseller to any Caller Identification Service in use
`
`the telemarketer’s carrier, the name of the
`
`a
`by
`
`recipient
`
`of a
`
`telemarketing
`
`call.
`
`F.
`
`Violating
`
`the
`
`Telemarketing
`
`Sales Rule, 16 C.F.R. Part 310,
`
`a
`
`copy of whichis attached to
`
`this Order as Attachment A.
`
`III.
`
`LEAD GENERATORREVIEW, NOTICE AND TERMINATION
`
`IT IS FURTHER ORDEREDthat:
`
`A.
`
`Settling
`
`Defendants shall, within
`
`ninety (90) days
`
`of the date of entry of this Order:
`
`Review and determine the methods used
`
`1)
`
`by Settling
`
`Defendants’
`
`Lead
`
`existing
`
`Generators to obtain the leads sold or offered for sale to
`
`Settling
`
`Defendants and,if
`
`those leads were obtained
`
`means of an Outbound
`
`by
`
`Telephone
`
`Call that does not
`
`comply
`
`with this Order, Settling
`
`Defendants shall
`
`immediately
`
`cease
`
`purchasing
`
`leads from the Lead Generator unless and until
`
`Settling Defendants confirm that the
`
`Lead Generatoris in
`
`compliance pursuant
`
`to the
`
`requirements specified
`
`in Section
`
`ITI.B below,
`
`2) Provide, electronically
`
`or
`
`otherwise, Settling
`
`Defendants’
`
`existing
`
`Lead Generators
`
`that use Outbound
`
`and
`
`(il)
`
`a written notice
`
`Telephone
`(i)
`stating that, if such Lead Generatorsells any leads to
`
`Calls to
`
`generate leads with:
`
`a
`
`copy of this Order;
`
`Settling
`
`6 of 18
`
`Page
`
`

`

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`7 of 32 PagelD 384
`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page
`
`Defendants that do not
`
`comply
`
`with this Order, Settling Defendants will
`
`immediately
`
`cease
`
`purchasing
`
`leads from such Lead Generator; and
`
`Obtain from all of
`
`3)
`
`Defendants’
`
`Lead Generators that have been
`
`provided
`
`notice pursuant
`
`an electronic
`
`acknowledgment
`
`or
`
`existing
`Setting
`to Section TIT.A.2 above,
`
`other
`
`signed
`
`and dated statement
`
`acknowledgingreceipt
`
`of this Order and the
`
`written notice set forth in the
`
`B. Prior to
`
`purchasing
`
`leads from any
`
`preceding subparagraph.
`new Lead Generator, Settling
`
`Defendants shall:
`
`Review and determine the methods used
`
`the Lead Generator to obtain leads
`
`1)
`
`offered for sale to
`
`Settling
`
`means of
`
`by
`
`by
`Defendants and,if those leads were obtained
`
`a
`
`telephone
`
`call that does not
`
`comply
`
`with this Order, Settling
`
`Defendants are
`
`prohibited
`
`from
`
`purchasing
`
`suchleads;
`
`For any Lead Generator
`
`2)
`
`previously
`
`terminated pursuant
`
`to Section III.A.1 above,
`
`conductadditional reviews,
`
`as
`
`in Section III.B.1 above,
`
`on a
`
`basis
`quarterly
`
`specified
`(1) year to ensure continued
`or
`
`for one
`
`compliance
`
`with this Order;
`
`3) Provide, electronically
`
`otherwise, Settling
`
`Defendants’ Lead Generators that use
`
`Outbound
`
`written notice
`
`Telephone
`stating that, if such Lead Generatorsells any leads to
`Defendants that do not
`
`Calls to
`
`generate leads with:
`
`a
`
`(i)
`
`copy of this Order;
`
`and
`
`(ii)
`
`a
`
`comply
`
`with this Order, Settling
`
`Defendant will
`
`immediately
`
`Settling
`
`cease
`
`purchasing
`
`leads from such Lead Generator; and
`
`Obtain from each new Lead Generator
`
`provided
`
`notice pursuant
`
`to Section JII.B.3
`
`4)
`
`abovean electronic
`
`acknowledgment
`
`or other
`
`signed
`
`and dated statement
`
`acknowledging receipt
`
`of this Order and the written notice set forth in the
`
`preceding
`
`subparagraph.
`
`7 of 18
`
`Page
`
`

`

`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 8 of 32 PageID 385
`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page
`8 of 32 PagelD 385
`
`IV. MONETARY
`
`FOR CIVIL PENALTY AND PARTIAL
`JUDGMENT
`SUSPENSION
`
`IT IS FURTHER ORDEREDthat:
`
`A.
`
`Judgment
`
`in the amountofSix Million Four Hundred Thousand Dollars
`
`is
`
`entered in favor of Plainuff
`
`against Settling Defendants, jointly
`
`and
`
`severally,
`
`judgment
`
`is
`
`suspended subject
`
`to the subsections below.
`
`penalty.
`
`The
`
`($6,400,000.00)
`as a civil
`
`B,
`
`Individual Defendant
`
`Blake Curtis is ordered to
`
`to
`
`pay
`
`Plaintuff, by making
`
`payment
`
`Thousand Dollars
`
`($50,000.00)
`
`Such payment
`
`Johnathan
`to the Treasurer of the United States, Fifty
`must be made within 7
`
`days
`
`of entry of this Order
`
`by
`
`electronic fund transfer in accordance with
`
`instructions
`
`a
`previously provided by
`
`representative
`
`of Plaintiff.
`
`Upon
`
`such payment, the remainder
`
`of the
`
`judgment
`
`is
`
`suspended, subject
`
`to the Subsections below.
`
`oF
`
`Individual Defendant
`
`DiGiacomo is ordered to
`
`pay to
`
`Plaintiff, by making
`
`payment
`
`Thousand Dollars
`
`($50,000.00).
`
`Such payment
`
`Anthony
`to the Treasurer of the United States, Fifty
`must be made within 7
`
`days
`
`of entry of this Order
`
`by
`
`electronic fund transfer in accordance with
`
`instructions
`
`previously provided by
`
`a
`
`representative
`
`of Plainuff.
`
`Upon
`
`such payment, the remainder
`
`of the
`
`judgment
`
`is
`
`suspended, subject
`
`to the Subsections below.
`
`D.
`
`Plaintiffs agreement
`
`to the
`
`suspension
`
`of
`
`part
`
`of the
`
`judgment
`
`is
`
`expressly premised upon
`
`the truthfulness, accuracy, and
`
`completeness
`
`of Individual Defendants’ sworn financial statements
`
`and related documents
`
`(collectively,
`
`“financial
`
`representations”)
`
`submitted to the Commission,
`
`namely:
`
`1.
`
`the Financial Statement of Individual Defendant
`
`Johnathan
`
`Blake Curtis dated
`
`February 10, 2020,includingall
`supplemental
`by
`Individual Defendant Johnathan Blake Curtis’ counsel Mitchell Roth to Commission counsel on
`
`materials submitted thereto
`
`attachments and
`
`February 10, 2020;
`
`8 of 18
`
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`

`

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`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 9 of 32 PagelD 386
`
`2.
`
`the Revised Financial Statement of Individual Defendant
`
`Johnathan
`
`Blake Curtis
`
`and initialed on
`
`signed
`
`January 14, 2021, including
`
`the
`
`Updated
`
`Financial Disclosure Submitted
`
`by
`
`Johnathan Curtis and
`
`signed
`
`on
`
`January 13, 2021, and all attachments and
`Blake Curtis’ counsel Mitchell Roth to
`
`supplemental
`
`materials
`
`submitted thereto
`
`by
`
`Individual Defendant Johnathan
`
`Commission counsel on
`
`January 14, 2021,
`
`3,
`
`the sworn
`
`deposition testimony provided by
`
`Individual Defendant Johnathan Blake
`
`Curtis on
`
`May 26, 2021;
`
`4.
`
`the Financial Statementof Individual Defendant Anthony DiGtacomo
`
`on
`
`signed
`
`February 24, 2020, including
`
`Individual Defendant
`
`Anthony
`
`February 24, 2020;
`
`all attachments and
`
`materials submitted thereto
`
`by
`
`supplemental
`DiGiacomo’s counsel Mitchell Roth to Commission counsel on
`
`5.
`
`the Revised Financial Statement of Individual Defendant
`
`Anthony
`
`DiGiacomo
`
`andinitialed on
`
`January 7, 2021, including
`
`the
`
`Updated
`
`Financtal Disclosure Submitted
`
`by
`
`signed
`
`Anthony
`
`DiGiacomoand
`
`on
`
`signed
`
`January 7, 2021, and all attachments and
`
`supplemental
`
`materials
`
`submitted thereto
`
`by
`
`Individual Defendant
`
`Anthony
`
`DiGiacomo’s counsel Mitchell Roth to
`
`Commission counsel on
`
`January 7, 2021 and;
`the sworn
`
`deposition testmony provided by
`
`Individual Defendant
`
`Anthony
`
`6.
`
`DiGiacomo on
`
`E,
`
`The
`
`motion
`
`by
`
`May 27, 2021.
`of the
`
`will be lifted as to each Individual Defendantif, upon
`
`suspension
`judgment
`the Commission, the Court finds that Individual Defendantfailed to disclose any material
`
`asset, materially
`
`misstated the value of any asset, or made any other material misstatement or
`
`omission in the financial
`
`representations
`
`identified above.
`
`F,
`
`If the
`
`suspension
`
`of the
`
`judgment
`
`is lifted, the
`
`judgment
`
`becomes
`
`immediately
`
`due as to that
`
`Individual Defendant in the amount
`
`specified
`
`in Subsection A. above
`
`the
`
`(which
`
`parties stipulate
`
`9 of 18
`
`Page
`
`

`

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`
`for purposes
`
`of this Section represents the amountofthe civil
`
`only
`
`penalty
`
`for the violations
`
`alleged
`
`in the
`
`Complaint),
`
`less any payment previously
`
`made pursuant
`
`to this Section, plus
`
`interest
`
`computed
`
`from the date of entry of this Order.
`
`G.
`
`Settling
`
`Defendants agree that the
`
`judgmentrepresents
`
`a civil
`
`penalty
`
`owed to the
`
`government of the United States, is not
`
`compensation
`
`for actual
`
`pecuniary loss, and, thereforeit is
`
`not
`
`H.
`
`to
`
`subject
`
`discharge
`
`under the
`
`Bankruptcy
`
`Code pursuant
`
`to 11 U.S.C.
`
`§ 523(a)(7).
`
`Settling
`
`Defendants
`
`relinquish
`
`dominion andall
`
`legal
`
`and
`
`equitable nght,title, and interest in
`
`all assets transferred pursuant
`
`to this Order and may
`
`not seek the return of anyassets.
`
`I.
`
`The facts
`
`in the
`
`alleged
`
`Complaint
`
`will be taken as true, without further
`
`proof,
`
`in any
`
`civil
`
`litigation by
`
`or on behalf of the Commission,
`
`including
`
`in a
`
`to enforce
`
`subsequent
`
`proceeding
`
`its
`
`rights
`
`to any payment
`
`or
`
`monetary judgment pursuant
`
`to this Order.
`
`J.
`
`Each Individual Defendant
`
`acknowledges
`
`that his Social
`
`Security Number, which he has
`
`submitted to the Commission, may be used for
`
`collecting
`
`and
`
`reporting
`
`on
`
`any delinquent
`
`amount
`
`arising
`
`out of this Order, in accordance with 31 U.S.C.
`
`§7701.
`
`V. CUSTOMER INFORMATION
`
`IT IS FURTHER ORDEREDthat
`
`Defendants are
`
`Settling
`
`permanently
`
`restrained and
`
`enjoined
`
`from
`
`directly
`
`or
`
`indirectly disclosing, using,
`
`or
`
`benefitting
`
`from customer
`
`information,
`
`the name, address, telephone number, email address, social
`security number, other
`any data that enables access to a customer’s account
`or
`
`(including
`
`a credit
`
`including
`
`identifying information,
`card, bank account, or other financial account),
`
`that any Defendant obtained
`
`to
`
`of this
`entry
`
`prior
`
`Order in connection with the
`
`telemarketing
`
`of cruise vacations.
`
`VI. COOPERATION
`
`IT IS FURTHER ORDEREDthat Individual Defendants Curtis and DiGiacomo must
`
`fully
`
`cooperate with
`
`representatives
`
`of the Commission in this case and in any investigation
`
`related to or
`
`10 of 18
`
`Page
`
`

`

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`
`associated with the transactions or the occurrences that are the
`
`subiect of the
`
`Complaint. Settling
`
`Defendants must
`
`provide
`
`truthful and
`
`compiete information, evidence, and
`
`Defendants must
`
`appearfor interviews, discovery, hearings,trials, and any other
`
`testimony.Settling
`that a
`
`representative may reasonably request upon 10
`and times as a Commission
`
`Commission
`
`notice,
`
`at such
`
`places
`
`of a
`
`subpoena.
`
`days
`
`written notice,
`
`representative may designate,
`
`without the service
`
`Further,
`
`related to or associated with the
`
`to assist the Commission with any investigation
`transactions or the occurrences that are the
`
`subject
`
`of the
`
`Complaint,
`
`and with
`
`monitoring Settling
`
`Defendant’s
`
`compliance
`
`with this order, Settling
`
`Defendants consent, for purposes of the Electronic
`
`proceedings
`or other
`
`reasonable
`
`Communications
`
`Privacy Act,
`
`remote
`
`computing
`
`service
`
`providers,
`
`to the disclosure, by
`providers
`of the contents of their auto-dialed, telemarketing,
`
`electronic communicationsservice
`
`and
`
`or
`
`pre-
`
`recorded
`
`telephone
`
`communications and records or other information
`
`pertaining
`
`to his autodialed,
`
`or
`
`telemarketing,
`
`pre-recorded telephone
`
`communications.
`
`Settling
`
`Defendants further agree
`
`to
`
`execute, within five
`
`of a
`
`request from the Commission, any forms or other documents
`days
`their consent that may be
`
`evidencing
`
`required by such electronic communications service providers
`
`or remote
`
`computing
`
`service
`
`providers.
`
`VII. ORDER ACKNOWLEDGMENTS
`
`IT IS FURTHER ORDEREDthat:
`
`A.
`
`Each Individual Defendant, within 7
`
`days
`
`of entry of this Order,
`
`must submit to the
`
`Commission an
`
`acknowledgment
`
`of
`
`receipt
`
`of this Order sworn under
`
`penalty
`
`of
`
`perjury.
`
`B.
`
`individually
`
`collectively
`
`with any other Defendants, is the
`
`majority
`
`For 5 yeats after entry of this Order, Settling
`or
`
`Defendants for any business that
`
`they,
`owner or controls
`
`or
`
`directly
`
`indirectly,
`
`must deliver a
`
`copy of this Order to:
`
`all
`
`principals, officers, directors, and LLC
`
`(1)
`
`managers and members; (2)
`
`all
`
`employees having managerial responsibilities
`
`for conductrelated to
`
`11 of 18
`
`Page
`
`

`

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`12 of 32 PagelD 389
`
`the
`
`subject
`
`matter of the Order and all agents and
`
`representatives
`
`who
`
`participate
`
`in conductrelated
`
`to the
`
`subject
`
`matter of the Order and
`
`(3) any business
`
`entity resulting
`
`as set forth in the Section titled
`
`Compliance Reporting. Delivery
`
`from any change
`must occur within 7
`
`in structure
`
`days
`
`of entry
`
`of this Order for current
`
`personnel.
`
`Forall others, delivery
`
`must occur before
`
`assumetheir
`
`they
`
`responsibilities.
`
`C,
`
`From each individual or
`
`to which
`
`entity
`
`Settling
`
`Defendantdelivered a
`
`he must
`
`obtain, within 30
`
`a
`
`days,
`
`signed
`
`and dated
`
`acknowledgment
`
`of
`
`receipt
`
`copy
`
`of this Order,
`of this Order.
`
`VIII. COMPLIANCE REPORTING
`
`|
`Il IS FURTHER ORDEREDthat Individual Defendants make
`
`submissions to the
`
`timely
`
`Commission:
`
`A,
`
`Oneyear after entry of this Order, each Individual Defendant must submit a
`
`compliance
`
`report,
`
`sworn under
`
`penalty
`
`of
`
`perjury:
`
`1.
`
`Each Individual Defendant must:
`
`(a) identify
`
`the
`
`primary physical, postal,
`
`and email
`
`address and
`
`as
`
`Commission may
`
`telephone number,
`designated points
`use to communicate with Defendant; (b) identify
`
`of contact, which
`
`representatives
`
`of the
`
`all of that Defendant’s
`
`businesses by
`
`all
`
`of their names,
`
`telephone numbers, and
`
`addresses; (c)
`
`describe the activities of each business, including
`
`the
`
`goods
`
`physical, postal, email, and Internet
`andservices offered, the
`
`means of
`
`advertising, marketing,
`
`and sales, and the involvement of any other Defendant
`
`(which
`
`Individual Defendant must describe if he knows or should know due to his own
`
`involvement); (d)
`with eachSection of this Order;
`
`describe in detail whether and how that Defendantis in
`
`compliance
`
`and
`
`(e) provide
`
`a
`
`copy of each Order
`
`Acknowledgment
`
`obtained pursuant
`
`to this Order, unless
`
`previously
`
`submitted to the Commission.
`
`2.
`
`Additionally,
`
`each Individual Defendant must:
`
`(a) identify
`
`all
`
`telephone
`
`numbers
`
`and all
`
`physical, postal,
`
`email and Internet addresses, including
`all residences; (b) identify
`
`all business
`
`12 of 18
`
`Page
`
`

`

`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 13 of 32 PageID 390
`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 13 of 32 PagelD 390
`
`activities, including any business for which such Defendant
`or otherwise and any entity
`
`employee
`
`performs
`in which such Defendant has any ownership interest; and
`
`services whether as an
`
`(c)
`
`describe in detail such Defendant’s involvementin each such business, including
`
`title, role,
`
`responsibilities, participation, authority, control, and any ownership.
`For 15 years after entry of this Order, each Individual Defendant must submit a
`
`B.
`
`compliance
`
`notice,
`
`sworn under
`
`of
`
`penalty
`
`perjury,
`
`within 14
`
`days
`
`of any change
`
`in the
`
`following:
`
`1,
`
`Each Individual Defendant must
`
`report any change
`
`in:
`
`(a) any designated point
`
`of
`
`contact; or
`
`(b)
`
`that Individual Defendant has any ownership
`
`interest
`
`in or
`
`the structure of anyentity
`or
`
`controls
`
`directly
`
`indirectly
`
`that may affect
`
`compliance obligationsarising
`
`under this Order,
`
`including: creation, merger, sale,
`that engages in any
`
`or
`
`acts
`
`practices subject
`
`to this Order.
`
`or dissolution of the
`
`or
`
`entity
`
`any subsidiary, parent,
`
`or affiliate
`
`2.
`
`Individual Defendants must
`
`in:
`
`(a) name,
`
`Additionally,
`aliases or fictitious name, or residence address;
`
`or
`
`any business for which Individual Defendant
`
`otherwise and anyentity
`
`report any change
`or role in any business
`
`including
`
`activity, including
`
`(b)title
`services whether as an
`
`or
`
`employee
`
`identify
`
`the name, physical
`
`performs
`in which he has any ownership interest, and
`address, and anyInternet address of the business or
`
`entity.
`Each Individual Defendant must submit to the Commission noticeofthe
`
`C.
`
`filing
`
`of any
`
`bankruptcy petition, insolvency proceeding,
`
`or similar
`
`proceeding by
`
`or
`
`against
`
`it within 14
`
`of
`
`days
`
`its
`
`D.
`
`filing.
`
`submission to the Commission
`
`Any
`
`must be true and accurate and
`
`perjury
`
`declare under
`
`penalty
`
`of
`
`this Order to be sworn under
`
`penalty
`
`of
`
`requited by
`with 28 U.S.C. § 1746, such as
`
`“I
`
`foregoing
`
`is
`
`by concluding:
`comply
`perjury underthe lawsof the United States of America that the
`true and correct. Executed on:
`
`____” and
`
`supplying
`
`the date, signatory’s
`
`full name,
`
`title (if
`
`applicable),
`
`and
`
`signature.
`
`13 of 18
`
`Page
`
`

`

`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 14 of 32 PageID 391
`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page
`14 of 32 PagelD 391
`
`E.
`
`Unless otherwise directed
`
`a Commission
`
`by
`
`representative
`
`in
`
`writing,
`
`ail submissions to the
`
`Commission pursuant
`
`to this Order must be emailed to
`
`DEbrief@fic.gov
`
`or sent
`
`by overnight
`
`courier
`
`(not
`
`the U.S. Postal
`
`Service)
`
`to: Associate Director for Enforcement, Bureau of Consumer
`
`Protection, Federal Trade Commission, 600
`
`Avenue NW, Washington,
`Pennsylvania
`FI'C v. Grand Bahama Cruise Line, LLC.
`
`DC 20580.
`
`The
`
`subject
`
`line must
`
`begin:
`
`IX. RECORDKEEPING
`
`IT IS FURTHER ORDEREDthateach Individual Defendant must create certain records
`
`for 15 years after entry of the Order, and retain each such record for 5 years. Specifically,
`or
`with any other Defendants,are a
`
`Defendants, for any business that
`
`they, individually
`
`collectively
`
`Individual
`
`majority
`
`owner or control
`
`or
`
`directly
`
`indirectly,
`
`must create and retain the
`
`records:
`
`following
`or services sold;
`
`A.
`
`B.
`
`accounting
`
`records
`
`showing
`
`personnel
`
`records
`
`showing,
`
`the revenues from all
`
`goods
`for each person providing services, whether as an
`title or
`
`otherwise, that
`
`person’s:
`
`name; addresses; telephone numbers; job
`
`position;
`
`dates of service;
`
`or
`
`employee
`
`and
`
`C.
`
`(if applicable)
`
`the reason for termination;
`
`recordsofall consumer
`
`and refund requests, whether. received
`
`or
`
`directly
`
`complaints
`a third party, and any response;
`
`indirectly,
`
`such as
`
`through
`
`D.
`
`All records necessary to demonstrate full
`
`compliance
`
`with each
`
`provision
`
`of this Order,
`
`including, among other documents and information:
`
`1.
`
`2.
`
`All submissions to the Commission;
`
`Records of all Outbound
`
`Telephone
`
`Calls dialed
`
`by
`
`Defendantordialed on
`
`behalf of Defendantor his businesses
`
`their vendors, contractors, or
`
`by
`
`the numbercalled; (b)
`(a)
`Representatives, including
`the time and date of the call; (d) the duration of the
`
`for each call:
`
`the caller
`
`ID number
`
`displayed; (c)
`
`14 of 18
`
`Page
`
`

`

`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 15 of 32 PageID 392
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`
`call; and
`
`(e) any telephone
`
`numberor IP address to which thecall was
`
`forwarded or
`
`transferred; and
`
`E.
`
`a
`
`copyof each
`
`unique
`
`advertisement or other
`
`marketing
`
`material.
`
`X. COMPLIANCE
`
`MONITORING
`
`IT IS FURTHER ORDEREDthat, for the purpose of
`
`monitoring Settling
`
`Defendants’
`
`compliance
`
`was
`
`suspended,
`
`A.
`
`Within 14
`
`of
`
`days
`
`receipt
`
`representations upon which partof the
`with this Order, including
`and any failure to transfer any assets as
`
`the financial
`
`judgment
`
`this Order:
`
`required by
`of a written request from a
`
`of the Commission,
`
`representative
`or other requested information,
`
`Defendants must: submit additional
`
`Settling
`
`compliance reports
`
`which must be sworn under
`
`penalty
`
`of
`
`perjury; appear for
`
`depositions;
`
`and
`
`produce
`
`documents for
`
`inspection
`
`and
`
`copying.
`
`‘Ihe Commission 1s also authorized to obtain
`
`discovery,
`
`without further
`
`leave of court, using any of the
`
`procedures prescribed by
`
`Federal Rules of Civil Procedure 29, 30
`
`(including telephonic depositions), 31, 33, 34, 36, 45, and 69.
`For matters
`this Order, the Commission is authorized to communicate
`
`B.
`
`concerning
`
`directly
`
`with
`
`Settling
`
`Defendants.
`
`interview any employee
`
`Settling
`or other person affiliated with him who has
`
`Defendants must
`
`permit representatives
`
`of the Commission to
`
`to such an interview.
`
`agteed
`
`‘The person interviewed may have counsel present.
`
`The Commission mayuse all other lawful means, including posing, through
`as consumers, suppliers,
`or other individuals or
`Defendants or
`to
`any individual or
`
`C.
`
`representatives
`
`entity
`
`affiliated with
`
`its
`
`entities,
`
`Settling
`
`of identification or
`Settling Defendants, without the
`necessity
`this Order limits the Commission’s lawful use of
`
`notice. Nothing
`
`prior
`in
`pursuantto Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1.
`
`compulsory process,
`
`15 of 18
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`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 16 of 32 PageID 393
`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 16 of 32 PagelD 393
`
`XI. RETENTION OF
`
`JURISDICTION
`
`I'l IS FURTHER ORDEREDthatthis Courtretains
`
`jurisdiction
`
`of this matter for purposes
`
`of construction, modification, and enforcement of this Order.
`
`SO ORDEREDthis
`
`___
`
`of
`
`day
`
`, 2021.
`
`UNITED STATES DISTRICT
`
`JUDGE
`
`SO STIPULATED AND AGREED:
`
`16 of 18
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`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 17 of 32 PageID 394
`17 of 32 PagelD 394
`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page
`
`FOR PLAINTIFF:
`
`Oe Date:
` Jody Galea
`
`Federal Trade Commission
`Pennsylvania Ave., NW
`600
`CC-8528
`Mailstop
`DC 20580
`Washington,
`(202) 326-2825; cbrown3@ftc.gov
`(202) 326-3096; jgoodman] @ftc.gov
`
`2(
`
`4A I (/
`
`FOR DEFEN
`
`TS:
`
`-_
`
`ff
`Mitchell Roth
`Roth Jackson Gibbons Condlin, PLC
`8200 Greensboro Drive, Suite 820
`22102
`McLean, Virginia
`485-3536
`(703)
`mroth‘:: rothjackson.com
`Attorneyfor Corporate Defendants
`.
`eo
`‘
`tf
`:
`4
`
`|
`Vy
`/
`Nae
`a 2 [4
`Jobnathan Blake<“urtis
`Pro Se Défendant
`
`Viper?
`fT
`
`Arihy'ly DiGiacomo
`Pro Se
`Defendant
`
`Grand Bahama Cruise Line, LLC
`
`_
`
`Date:
`
`ea
`
`Take: July 2,
`
`2021
`
`July 2, 2021
`Date:
`
`Date: vol
`
`908!
`
`p21
`
`17 of 18
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`

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`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 18 of 32 PageID 395
`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page
`18 of 32 PagelD 395
`
`Date. July 2, 2021
`
`Date: July 2, 2021
`
`Date: July 2, 2021 Date: July 2, 2021
`
`
`
`
`Florida VSC In
`
`18 of 18
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`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 19 of 32 PageID 396
`Case 6:20-cv-00052-RBD-GJK Document 48-1 Filed 09/20/21 Page 19 of 32 PagelD 396
`