throbber
Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 1 of 19 PageID 33
`
`UNITED STATES DISTRICT COURT
`IN THE MIDDLE DISTRICT OF FLORIDA
`ORLANDO DIVISION
`
`UNITED STATES OF AMERICA,
`
`Case No.
`
`
`
`Plaintiff,
`
`v.
`
`VOIP TERMINATOR, INC., a corporation,
`
`BLMARKETING, INC., a corporation, and
`
`MUHAMMED USMAN KHAN, individually and
`as an officer of VOIP TERMINATOR, INC. and
`BLMARKETING, INC.,
`
`Defendants.
`
`STIPULATED ORDER FOR
`PERMANENT INJUNCTION,
`CIVIL PENALTY JUDGMENT, AND
`OTHER RELIEF
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff, the United States of America, acting upon notification and authorization to the
`
`Attorney General by the Federal Trade Commission (“Commission” or “FTC”), filed its
`
`Complaint for a permanent injunction, civil penalties, and other relief (“Complaint”), pursuant
`
`to Sections 5(a), 5(m)(1)(A), 13(b), and 16(a)(1) of the Federal Trade Commission Act (“FTC
`
`Act”), 15 U.S.C. §§ 45(a), 45(m)(1)(A), 53(b), and 56(a)(1), and Section 6 of the Telemarketing
`
`and Consumer Fraud and Abuse Prevention Act (the “Telemarketing Act”), 15 U.S.C. § 6105.
`
`Defendants have waived service of the summons and the Complaint. Plaintiff and Defendants
`
`stipulate to the entry of this Stipulated Order for Permanent Injunction, Civil Penalty Judgment,
`
`and Other Relief (“Order”) to resolve all matters in dispute in this action between them.
`
`THEREFORE, IT IS ORDERED as follows:
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 2 of 19 PageID 34
`
`
`
`
`
`1.
`
`2.
`
`This Court has jurisdiction over this matter.
`
`FINDINGS
`
`The Complaint charges that Defendants participated in acts or practices in violation of
`
`Section 5 of the FTC Act, 15 U.S.C. § 45 and the FTC’s Telemarketing Sales Rule (the “TSR” or
`
`“Rule”), as amended, 16 C.F.R. Part 310, by, among other things, assisting and facilitating:
`
`(a) placing telemarketing calls to consumers that delivered prerecorded messages; (b) placing
`
`telemarketing calls to consumers whose telephone numbers were on the National Do Not Call
`
`(“DNC”) Registry; and (c) transmitting inaccurate caller ID numbers and names with their
`
`telemarketing calls.
`
`3.
`
`Defendants neither admit nor deny any of the allegations in the Complaint, except as
`
`specifically stated in this Order. Only for purposes of this action, Defendants admit the facts
`
`necessary to establish jurisdiction.
`
`4.
`
`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.
`
`5.
`
`Defendants and the Plaintiff waive all rights to appeal or otherwise challenge or contest
`
`the validity of this Order.
`
`DEFINITIONS
`
`For the purpose of this Order, the following definitions apply:
`
`A. “Assisting” includes, among other conduct, providing or reselling Voice over
`
`Internet Protocol (“VoIP”) telephony services and providing or licensing telephone
`
`numbers.
`
`B. “Defendants” means the Individual Defendant and Corporate Defendants,
`
`individually, collectively, or in any combination.
`2
`
`
`
`
`
`
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 3 of 19 PageID 35
`
`1.
`
`“Corporate Defendants” means VoIP Terminator, Inc. and BLMarketing,
`
`Inc. and their successors and assigns.
`
`2.
`
`“Individual Defendant” means Muhammed Usman Khan.
`
`C. “Invalid Number” means any caller ID number that is invalid under the North American
`
`Numbering Plan (“NANP”), including, for example, any number that does not contain the
`
`requisite number of digits.
`
`D. “National Do Not Call Registry” means the National Do Not Call Registry, which is the
`
`“do-not-call” registry maintained by the Commission pursuant to 16 C.F.R.
`
`§ 310.4(b)(1)(iii)(B).
`
`E. “Person” means any individual, group, unincorporated association, limited or
`
`general partnership, corporation, or other business entity.
`
`F. “Seller” means any person who, in connection with a Telemarketing transaction,
`
`provides, offers to provide, or arranges for others to provide goods or services to
`
`the customer in exchange for consideration, whether or not such person is under the
`
`jurisdiction of the Commission.
`
`G. “Telemarketing” means a plan, program, or campaign which is conducted to induce
`
`the purchase of goods or services or a charitable contribution, by use of one or more
`
`telephones, and which involves more than one interstate telephone call.
`
`H. “Traceback Request” means any request from:
`
`1.
`
`2.
`
`A telecommunications carrier or voice service provider;
`
`A consortium that conducts privately-led efforts to trace back the origin of
`
`suspected unlawful robocalls, as contemplated under Section 13 of the
`
`TRACED Act; or
`
`3
`
`
`
`
`
`
`
`
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 4 of 19 PageID 36
`
`3.
`
`Any other industry organization comprised of telecommunications carriers
`
`and/or voice service providers that seek to combat and reduce unlawful
`
`robocalls to disclose information in order to protect the rights or property
`
`of such entity, or to protect users of telecommunications and voice
`
`services and others from fraudulent, abusive, or unlawful use of, or
`
`subscription to, telecommunications services.
`
`I. “Unassigned Number” means any caller ID number for which the administrator
`
`of NANP has never opened:
`
`1.
`
`2.
`
`The NPA area code for carrier number assignments; or
`
`The NPA-NXX central office code for carrier number assignments.
`
`ORDER
`
`I.
`
`PROHIBITION ON ASSISTING AND FACILITATING
`ABUSIVE TELEMARKETING
`
`IT IS ORDERED that Defendants, their officers, agents, employees, and attorneys, and
`
`all other persons in active concert or participation with any of them, whether acting directly or
`
`indirectly, are permanently restrained and enjoined from Assisting or providing substantial
`
`assistance or support to any Person that Defendants know, or should know, is engaged in,
`
`causing others to engage in, or assisting others engaging in, any of the following practices:
`
`A. Initiating, causing the initiation of, or transmitting Telemarketing calls that: (1)
`
`deliver prerecorded messages; or (2) are placed to numbers on the Do Not Call
`
`Registry; or
`
`B. Initiating, causing the initiation of, or transmitting any telephone call displaying a
`
`caller ID number that the calling party does not have legal authority to use.
`
`4
`
`
`
`
`
`
`
`
`
`
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 5 of 19 PageID 37
`
`II.
`
`PROHIBITION ON VIOLATING THE TELEMARKETING SALES RULE
`
`IT IS FURTHER ORDERED that Defendants, their officers, agents, employees, and all
`
`other Persons in active concert or participation with any of them, who receive actual notice of
`
`this Order, whether acting directly or indirectly, in connection with Telemarketing, are
`
`permanently restrained and enjoined from engaging in, causing others to engage in, or Assisting
`
`others engaging in violating the Telemarketing Sales Rule, 16 C.F.R. Part 310, a copy of which
`
`is attached to this Order as Attachment A.
`
`III. BAN ON CERTAIN TELEPHONE CALLS
`
`IT IS FURTHER ORDERED that Defendants, whether acting directly or through an
`
`intermediary, are permanently restrained and enjoined from providing interconnected VoIP
`
`telephony services or provisioning or assigning telephone numbers without having ongoing
`
`automated procedures in place to block calls that:
`
`A. Display as the caller ID number any Unassigned Number, or any Invalid Number; Or
`
`B. Are not authenticated through the Federal Communications Commission’s STIR/SHAKEN
`
`Authentication Framework, or a successor authentication framework if subsequently
`
`mandated by applicable federal law or regulation.
`
`Provided, however, that Section III shall not apply to inbound calls dialed to Defendants’
`
`Customers by Persons who are not Defendants’ Customers.
`
`IV.
`
`SCREENING OF CURRENT AND PROSPECTIVE CUSTOMERS
`
`IT IS FURTHER ORDERED that Defendants, their officers, agents, employees, and all
`
`other Persons in active concert or participation with any of them, who receive actual notice of
`
`this Order, whether acting directly or indirectly, are permanently restrained and enjoined from
`
`providing VoIP telephony services or telephone numbers to any new or prospective customer,
`
`5
`
`
`
`
`
`
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 6 of 19 PageID 38
`
`without first engaging in a reasonable screening of that customer. For new or prospective
`
`customers, such reasonable screening must occur and be completed before beginning to provide
`
`services to the new customer. For existing customers, such reasonable screening must occur and
`
`be completed within 60 days of the entry of this Order. For all customers, such reasonable
`
`screening must recur annually. Such reasonable screening must include, but not be limited to:
`
`A. Obtaining from each prospective or current customer (including the principal(s) and
`
`controlling Person(s) with a majority interest in the entity, and any alter egos, corporate
`
`DBA names, trade name, fictitious name or aliases under which such Person(s) conduct
`
`or have conducted the business) the following information:
`
`1.
`
`A description of the nature of the prospective customer’s business,
`
`including describing the nature of the goods and services sold and
`
`methods of sale. For prospective customers who describe their business as
`
`involving Telemarketing or telephone calls to solicit the purchase of goods
`
`or services or charitable contributions, confirmation that the prospective
`
`customer will use software or other means to filter out numbers on the Do
`
`Not Call Registry;
`
`2.
`
`The name of the principal(s) and controlling Person(s) of the entity, and
`
`Person(s) with a majority ownership interest in the entity;
`
`3.
`
`The name of the entity’s employee responsible for compliance with the
`
`Telemarketing Sales Rule and other state and federal laws governing
`
`Telemarketing and automated dialing;
`
`4.
`
`A list of all business and trade names, fictitious names, DBAs, and
`
`Internet websites under or through which the customer has transacted
`
`
`
`6
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 7 of 19 PageID 39
`
`business;
`
`5.
`
`Each physical address at which the prospective customer has conducted
`
`business or will conduct the business(es) identified pursuant to subsection
`
`(1) of this Section IV.A;
`
`6.
`
`The billing address and email address associated with the customer’s
`
`means and source of payment for Defendants’ services, as well as the
`
`name of the Person or entity paying for Defendants’ services;
`
`7.
`
`For U.S.-domiciled companies, the customer’s federal taxpayer
`
`8.
`
`9.
`
`identification number;
`
`The customer’s state or country of incorporation;
`
`If the customer engages in Telemarketing, a list of all caller ID numbers
`
`and callback numbers the customer will use, substantiated by proof that
`
`the customer has authorization to use each such phone number; and
`
`10. Whether the prospective customer (including the principal(s), controlling
`
`Person(s) of the entity, and any Person(s) with a majority ownership
`
`interest in the entity) has ever been the subject of a lawsuit alleging claims
`
`under the TSR, the Telephone Consumer Protection Act of 1991, or any
`
`other lawsuit regarding illegal robocalling, illegal automated dialing, calls
`
`to the federal or any state Do Not Call registry, or spoofed caller IDs.
`
`B. Reviewing whether Defendants have received subpoenas, civil investigative demands, or
`
`other complaints about the customer or its principal(s), and any alter egos, corporate
`
`DBA names, trade name, fictitious name or aliases under which such customer or
`
`Person(s) conduct or have conducted business; and
`
`7
`
`
`
`
`
`
`
`
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 8 of 19 PageID 40
`
`C. Taking reasonable steps to review and assess the accuracy of the information provided
`
`pursuant to Section IV.A of this Order, including but not limited to: (1) reviewing the
`
`websites used by the customer; (2) searching the FTC’s website to determine if the
`
`customer or its control Persons have been the subject of FTC enforcement action; (3)
`
`reviewing all formal written inquiries, subpoenas, civil investigative demands,
`
`Traceback Requests, and complaints about the customer or calls dialed, originated,
`
`routed, or transmitted by the customer, sent to or shared with Defendants to (a)
`
`determine whether the call was spoofed, (b) review and listen to prerecorded messages
`
`that are identified in or are the subject of such requests, (c) determine whether copies
`
`of such prerecorded messages are found in the request itself or in public databases that
`
`compile recordings of such messages, and (d) determine if the customer is sending,
`
`routing, transmitting, dialing, originating, or terminating calls that deliver a message
`
`that misrepresents that the call is from a government agency or law enforcement; and
`
`(4) performing internet searches about the customer and its control Persons.
`
`CLIENT REVIEW AND TERMINATION
`V.
`IT IS FURTHER ORDERED that:
`
`A. Defendants must immediately terminate, or refrain from entering into, any business
`
`relationship with a customer if a review under Section IV reveals that the customer:
`
`1.
`
`Engages in Telemarketing without a Subscription Account Number for
`
`accessing the DNC Registry or otherwise checking numbers against the
`
`DNC Registry;
`
`2.
`
`Is offering VoIP telephony services, the provisioning and/or assignment of
`
`telephone numbers, or any other telecommunications or information
`
`services, without a current, valid Universal Service Fund registration
`
`
`
`8
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 9 of 19 PageID 41
`
`3.
`
`4.
`
`5.
`
`6.
`
`Number;
`
`States it does not have a taxpayer identification number if it is a U.S.-
`
`domiciled company;
`
`Has provided false, inaccurate, or misleading information in response to
`
`Defendants’ screening process pursuant to Section IV and declined to
`
`correct that information upon request;
`
`Refuses to provide any of the information described in Section IV;
`
`Is a customer that has been the subject of, or calls dialed, originated,
`
`transmitted, or routed by the customer have been the subject of, a total of
`
`three (3) or more federal or state government agency subpoenas or civil
`
`investigative demands to Defendants or otherwise shared with Defendants;
`
`or
`
`7.
`
`Is a customer that has been the subject of, or calls dialed, originated,
`
`transmitted, or routed by the customer have been the subject of a total of
`
`three (3) or more Traceback Requests or upstream or downstream carrier
`
`complaints sent to or shared with Defendants during any sixty (60) day
`
`period.
`
`B. Defendants must also immediately terminate, or refrain from entering into, any
`
`business relationship with a customer if Defendants become aware of or obtain any
`
`information suggesting that the customer is engaging in conduct prohibited in Sections
`
`I, II, or III of this Order.
`
`9
`
`
`
`
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 10 of 19 PageID 42
`
`VI. MONETARY JUDGMENT FOR CIVIL PENALTY AND PARTIAL SUSPENSION
`IT IS FURTHER ORDERED that:
`
`A. Judgment in the amount of Three Million Two Hundred Fifty-Six Thousand One
`
`Hundred Ninety Dollars ($3,256,190) is entered in favor of Plaintiff against Individual
`
`Defendant and Corporate Defendants, jointly and severally, as a civil penalty. The
`
`judgment is suspended subject to the Subsections below.
`
`B. The Commission’s and Plaintiff’s agreement to the suspension 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:
`
`1.
`
`the Financial Statement of VoIP Terminator, Inc. signed by Muhammed Usman
`
`Khan on February 8, 2022;
`
`2.
`
`the Financial Statement of BLMarketing, Inc. signed by Muhammed Usman Khan
`
`on February 8, 2022; and
`
`3.
`
`the Financial Statement of Muhammed Usman Khan signed by Muhammed
`
`Usman Khan on February 8, 2022.
`
`C. The suspension of the judgment will be lifted as to any Defendant if, upon motion by the
`
`Commission or Plaintiff, the Court finds that Defendant failed 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.
`
`D. If the suspension of the judgment is lifted, the judgment becomes immediately due as to
`
`that Defendant in the amount specified in Subsection A. above (which the parties
`
`stipulate only for purposes of this Section represents the amount of the civil penalty for
`
`the violations alleged in the Complaint), less any payment previously made pursuant to
`10
`
`
`
`
`
`
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 11 of 19 PageID 43
`
`this Section, plus interest computed from the date of entry of this Order.
`
`E. Defendants relinquish dominion and all legal and equitable right, title, and interest in
`
`all assets transferred pursuant to this Order and may not seek the return of any assets.
`
`F. The facts alleged in the Complaint will be taken as true, without further proof, in
`
`any subsequent civil litigation by or on behalf of the Commission, including in a
`
`proceeding to enforce its rights to any payment or monetary judgment pursuant to
`
`this Order.
`
`G. 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.
`
`H. Defendants agree that the judgment represents a civil penalty owed to the government of
`
`the United States, is not compensation for actual pecuniary loss, and therefore it is not
`
`subject to discharge under the Bankruptcy Code pursuant to 11 U.S.C. § 523(a)(7).
`
`VII. COOPERATION
`
`IT IS FURTHER ORDERED that Defendants must fully cooperate with representatives
`
`of Plaintiff and the Commission in this case and in any investigation related to or associated
`
`with the transactions or the occurrences that are the subject of the Complaint. Defendants must
`
`provide truthful and complete information, evidence, and testimony. Defendants must appear,
`
`and must cause their officers, employees, representatives, or agents to appear, for interviews,
`
`discovery, hearings, trials, and any other proceedings that a Plaintiff or Commission
`
`representative may reasonably request upon 5 days written notice, or other reasonable notice, at
`
`such places and times as a Plaintiff or Commission representative may designate, without the
`
`service of a subpoena.
`
`11
`
`
`
`
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 12 of 19 PageID 44
`
`Further, to assist the Commission with any investigation related to or associated with the
`
`transactions or the occurrences that are the subject of the Complaint, and with monitoring
`
`Defendants’ compliance with this order, Defendants consent, for purposes of the Electronic
`
`Communications Privacy Act, to the disclosure, by electronic communications service providers
`
`and remote computing service providers, of the contents of their auto-dialed, telemarketing, or
`
`pre-recorded telephone communications and records or other information pertaining to their
`
`autodialed, telemarketing, or pre-recorded telephone communications. Defendants further agree
`
`to execute, within five days of a request from the Commission, any forms or other documents
`
`evidencing their consent that may be required by such electronic communications service
`
`providers or remote computing service providers.
`
`VIII. ORDER ACKNOWLEDGMENTS
`
`IT IS FURTHER ORDERED that Defendants obtain acknowledgments of receipt of this
`
`Order:
`
`A. Each Defendant, within seven (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. For 5 years after entry of this Order, Individual Defendant, for any business that he,
`
`individually or collectively with any other Defendant, is the majority owner or controls
`
`directly or indirectly, and each Corporate Defendant, must deliver a copy of this Order
`
`to: (1) all principals, officers, directors, and LLC managers and members; (2) all
`
`employees having managerial responsibilities for conduct related to the subject matter
`
`of the Order and all agents and representatives who participate in conduct related to the
`
`subject matter of the Order and (3) any business entity resulting from any change in
`
`structure as set forth in the Section titled Compliance Reporting. Delivery must occur
`12
`
`
`
`
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 13 of 19 PageID 45
`
`within seven (7) days of entry of this Order for current personnel. For all others,
`
`delivery must occur before they assume their responsibilities.
`
`C. From each individual or entity to which a Defendant delivered a copy of this Order,
`
`that Defendant must obtain, within 30 days, a signed and dated acknowledgment of
`
`receipt of this Order.
`
`IX. COMPLIANCE REPORTING
`
`IT IS FURTHER ORDERED that Defendants make timely submissions to the Commission:
`
`A. One year after entry of this Order, each Defendant must submit a compliance
`
`report, sworn under penalty of perjury:
`
`1.
`
`Each Defendant must: (a) identify the primary physical, postal, and email address
`
`and telephone number, as designated points of contact, which representatives of
`
`the Commission and Plaintiff may use to communicate with Defendant; (b)
`
`identify all of that Defendant’s businesses by all of their names, telephone
`
`numbers, and physical, postal, email, and Internet addresses; (c) describe the
`
`activities of each business, including the goods and services 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) describe in detail whether and how that Defendant is
`
`in compliance with each Section of this Order; and (e) provide a copy of each
`
`Order Acknowledgment obtained pursuant to this Order, unless previously
`
`submitted to the Commission.
`
`2.
`
`Additionally, each Defendant must: (a) identify all telephone numbers and all
`
`physical, postal, email and Internet addresses, including all residences; (b)
`
`identify all business activities, including any business for which such
`13
`
`
`
`
`
`
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 14 of 19 PageID 46
`
`Defendant performs services whether as an employee or otherwise and any
`
`entity in which such Defendant has any ownership interest; and (c) describe in
`
`detail such Defendant’s involvement in each such business, including title, role,
`
`responsibilities, participation, authority, control, and any ownership.
`
`B. For 10 years after entry of this Order, each Defendant must submit a compliance
`
`notice, sworn under penalty of perjury, within 14 days of any change in the following:
`
`1.
`
`Each Defendant must report any change in: (a) any designated point of contact; or
`
`(b) the structure of and Corporate Defendant or any entity that Defendant has any
`
`ownership interest in or controls directly or indirectly that may affect compliance
`
`obligations arising under this Order, including: creation, merger, sale, or dissolution
`
`of the entity or any subsidiary, parent, or affiliate that engages in any acts or
`
`practices subject to this Order.
`
`2.
`
`Additionally, Individual Defendant must report any change in: (a) name,
`
`including aliases or fictitious name, or residence address; or (b) title or role in
`
`any business activity, including any business for which he performs services
`
`whether as an employee or otherwise and any entity in which he has any
`
`ownership interest, and identify the name, physical address, and any Internet
`
`address of the business or entity.
`
`C. Each Defendant must submit to the Commission notice of the filing of any bankruptcy
`
`petition, insolvency proceeding, or similar proceeding by or against it within 14 days of
`
`its filing.
`
`D. Any submission to the Commission required by this Order to be sworn under penalty
`
`of perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by
`
`concluding: “I declare under penalty of perjury under the laws of the United States of
`14
`
`
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 15 of 19 PageID 47
`
`America that the foregoing is true and correct. Executed on:
`
`” and supplying the
`
`date, signatory’s full name, title (if applicable), and signature.
`
`E. Unless otherwise directed by a Commission representative in writing, all submissions to
`
`the Commission pursuant to this Order must be emailed to DEbrief@ftc.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 Pennsylvania Avenue
`
`NW, Washington, DC 20580. The subject line must begin: FTC v. VoIP Terminator,
`
`Inc.
`
`X.
`
`RECORDKEEPING
`
`IT IS FURTHER ORDERED that Defendants must create certain records for 10 years
`
`after entry of the Order, and retain each such record for five (5) years. Specifically, Defendants
`
`for any business that they, individually or collectively with any other Defendants, is a majority
`
`owner or controls directly or indirectly, must create and retain the following records:
`
`A. accounting records showing the revenues from all goods or services sold;
`
`B. personnel records showing, for each person providing services, whether as an employee
`
`or otherwise, that person’s: name; addresses; telephone numbers; job title or position;
`
`dates of service; and (if applicable) the reason for termination;
`
`C. records of all consumer complaints and refund requests, whether received directly
`
`or indirectly, such as through a third party, and any response;
`
`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 Plaintiff or the Commission;
`
`Records of all Telephone Calls dialed by Defendants or dialed on behalf of
`
`Defendants or their businesses by their vendors, contractors, or
`15
`
`
`
`
`
`
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 16 of 19 PageID 48
`
`Representatives, including for each call: (a) the number called; (b) the
`
`caller ID number displayed; (c) the time and date of the call; (d) the
`
`duration of the call; and (e) any telephone number or IP address to which
`
`the call was forwarded or transferred; and
`
`E. a copy of each unique advertisement or other marketing material.
`
`
`XI. COMPLIANCE MONITORING
`
`IT IS FURTHER ORDERED that, for the purpose of monitoring Defendants’
`
`compliance with this Order, including the financial representations upon which part of the
`
`judgment was suspended, and any failure to transfer any assets as required by this Order:
`
`A. Within 14 days of receipt of a written request from a representative of the Commission
`
`or Plaintiff, Defendants must: submit additional compliance reports or other requested
`
`information, which must be sworn under penalty of perjury; appear for depositions; and
`
`produce documents for inspection and copying. The Commission and Plaintiff are 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.
`
`B. For matters concerning this Order, the Commission and Plaintiff are authorized to
`
`communicate directly with each Defendant. Defendants must permit representatives of
`
`the Commission and Plaintiff to interview any employee or other person affiliated with
`
`him who has agreed to such an interview. The person interviewed may have counsel
`
`present.
`
`C. The Commission and Plaintiff may use all other lawful means, including posing,
`
`through its representatives as consumers, suppliers, or other individuals or entities, to
`
`Defendants or any individual or entity affiliated with Defendants, without the necessity
`16
`
`
`
`
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 17 of 19 PageID 49
`
`of identification or prior notice. Nothing in this Order limits the Commission’s lawful
`
`use of compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§
`
`49, 57b-1.
`
`XII. RETENTION OF JURISDICTION
`
`IT IS FURTHER ORDERED THAT, this court retains jurisdiction of this matter for
`
`
`
`purposes of construction, modification, and enforcement of this Order.
`
`SO ORDERED this
`
`day of , 2022.
`
`
`
`
`
`
`
`
`UNITED STATES DISTRICT JUDGE
`
`
`
`17
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 18 of 19 PageID 50
`
`
`SO STIPULATED AND AGREED:
`
`FOR PLAINTIFF:
`
`THE UNITED STATES OF AMERICA
`
`BRIAN M. BOYNTON
`Principal Deputy Assistant Attorney General
`Civil Division
`
`ARUN G. RAO
`Deputy Assistant Attorney General
`
`ROGER B. HANDBERG
`United States Attorney
`Middle District of Florida
`
`LACY R. HARWELL, JR.
`Chief, Civil Division
`Florida Bar No. 714623
`400 N. Tampa Street, Suite 3200
`Telephone: (813) 274-6000
`Facsimile: (813) 274-6200
`Email: Randy.Harwell@usdoj.gov
`
`GUSTAV W. EYLER
`Director
`Consumer Protection Branch
`
`LISA K. HSIAO
`Assistant Director
`
`
`s/ Ellen Bowden McIntyre
`ELLEN BOWDEN MCINTYRE
`ZACHARY A. DIETERT
`Trial Attorneys Appearing Pursuant to 28 U.S.C. § 517
`Consumer Protection Branch
`U.S. Department of Justice
`P.O. Box 386 Washington, DC 20044
`Telephone: (202) 451-7731
`Email: ellen.bowden.mcintyre@usdoj.gov
`Telephone: (202) 616-9027
`Email: zachary.a.dietert@usdoj.gov
`
` Date: 4/25/22
`
`
`
`
`
`
`
`18
`
`

`

`Case 6:22-cv-00798-PGB-GJK Document 2-1 Filed 04/26/22 Page 19 of 19 PageID 51
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`FEDERAL TRADE COMMISSION
`
` Date: 4/22/22
`
`
`
`
`
`JODY GOODMAN
`RYAN MCAULIFFE
`Federal Trade Commission
`
` Bureau of Consumer Protection/Division of Marketing Practices, CC-8533
`Org 1144, Mail Stop CC-5201
`600 Pennsylvania Ave., NW
`Washington, DC 20580
`(202) 326-3096; jgoodman1@ftc.gov
`(202) 326-3044; rmcauliffe@ftc.gov
`
`FOR DEFENDANTS:
`
`
`
`Muhammed Usman Khan
`
`Individually and on behalf of VoIP Terminator, Inc.
`and BLMarketing, Inc.
`
`
`
`
`
`Date:
`
`
`
`
`
`2/18/2022
`
`
`
`19
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket