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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`
`EP-19-CV-196-KC
`
`[PROPOSED]
`STIPULATED ORDER FOR
`PERMANENT INJUNCTION AS TO
`DEFENDANTS MOHAMMAD
`SOUHEIL, PROLINK VISION,
`S.R.L., 9896988 CANADA, INC.,
`GLOBEX TELECOM, INC., AND
`9506276 CANADA, INC.
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`Federal Trade Commission, and
`
`State of Ohio ex rel. Attorney General
`Dave Yost,
`
`
`
`v.
`
`Educare Centre Services, Inc., a New
`Jersey corporation, also dba Credit Card
`Services, Card Services, Credit Card
`Financial Services, Care Net, Tripletel
`Inc., Revit Educ Srvc, L.L. Vision, Care
`Value Services, and Card Value Services,
`
`Tripletel, Inc., a Delaware
`corporation,
`
`Prolink Vision, S.R.L., a
`Dominican Republic limited
`liability company,
`
`9896988 Canada Inc., a
`Canadian company,
`
`Globex Telecom, Inc., a Nevada
`corporation,
`
`9506276 Canada, Inc., dba
`Globex Telecom, Inc., a
`Canadian company,
`
`Sam Madi, individually and as
`an owner, officer, member, and/or
`manager of Educare Centre
`Services, Inc.,
`
`Mohammad Souheil a/k/a
`Mohammed Souheil and Mike
`Souheil, individually and as an
`owner, officer, member, and/or
`manager of Educare Centre
`Services, Inc., 9896988 Canada,
`Inc., Globex Telecom, Inc.,
`
`1
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`
`
`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 2 of 51
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`
`9506276 Canada, Inc., and
`Prolink Vision, S.R.L.,
`
`Wissam Abedel Jalil a/k/a Sam
`Jalil, individually and as an
`owner, officer, member, and/or
`manager of Tripletel, Inc., and
`Prolink Vision, S.R.L.,
`
`Charles Kharouf, individually
`and as an owner, officer, member,
`and/or manager of Educare
`Centre Services, Inc., and
`Prolink Vision, S.R.L.,
`
` Defendants.
`
`Plaintiffs, the Federal Trade Commission (“FTC” or “Commission”) and the State
`
`
`
`of Ohio (collectively, “Plaintiffs”) filed their First Amended Complaint for Permanent
`
`Injunction and Other Equitable Relief (ECF No. 81) pursuant to Section 13(b) of the FTC
`
`Act, 15 U.S.C. § 53(b), the Telemarketing and Consumer Fraud and Abuse Prevention
`
`Act (“Telemarketing Act”), 15 U.S.C. §§ 6101-6108, the Ohio Consumer Sales Practices
`
`Act (“CSPA”), O.R.C. 1345.07, and the Ohio Telephone Solicitation Sales Act
`
`(“TSSA”), O.R.C. 4719.01 et seq. Plaintiffs and Defendants Mohammad Souheil,
`
`Prolink Vision, S.R.L., 9896988 Canada, Inc., Globex Telecom, Inc., and 9506276
`
`Canada, Inc. (collectively, “Stipulating Defendants”) stipulate to the entry of this
`
`Stipulated Order for Permanent Injunction and Monetary Judgment (“Order”) to resolve
`
`all matters in dispute in this action between them.
`
`THEREFORE, IT IS ORDERED as follows:
`
`FINDINGS
`This Court has jurisdiction over this matter.
`
`2
`
`1.
`
`
`
`
`
`
`
`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 3 of 51
`
`
`2.
`
`The First Amended Complaint charges that the Stipulating Defendants
`
`participated in acts or practices that violated Section 5(a) of the FTC Act, 15 U.S.C.
`
`§ 45(a), the Telemarketing Sales Rule (“TSR”), 16 C.F.R. Part 310, the Ohio CSPA,
`
`O.R.C. 1345.01 et seq., and the Ohio TSSA, O.R.C. 4719.01 et seq.
`
`3.
`
`The Stipulating Defendants neither admit nor deny any of the allegations in the
`
`First Amended Complaint, except as specifically stated in this Order. Only for purposes
`
`of this action, the Stipulating Defendants admit the facts necessary to establish
`
`jurisdiction.
`
`4.
`
`The Stipulating 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.
`
`In his second report to the Court, submitted on June 3, 2020, the Receiver
`
`concluded that, based on the measures and procedures implemented by the Receiver, the
`
`Globex Defendants and Subsidiaries could operate lawfully.
`
`6.
`
`The Stipulating Defendants and Plaintiffs 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 shall apply:
`
`A.
`
`“Cooperative Voice Service Provider” means a voice service provider or VoIP
`
`provider that has agreed, in writing, to abide by USTelecom’s Industry Traceback Group
`
`policies and procedures, and is fully cooperative with Traceback Requests.
`
`
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 4 of 51
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`
`B.
`
`“Corporate Defendants” means Prolink Vision, S.R.L., 9896988 Canada, Inc.,
`
`and the Globex Defendants, and each of their subsidiaries, affiliates, successors, and
`
`assigns.
`
`C.
`
`“Debt Relief Product or Service” means any product, service, plan, or program
`
`represented, expressly or by implication, to renegotiate, settle, or in any way alter the
`
`terms of payment or other terms of the debt or obligation between a consumer and one or
`
`more creditors or debt collectors, including a reduction in the balance, interest rate, or
`
`fees owed by a consumer to a creditor or debt collector.
`
`D.
`
`“Defendants” means Prolink Vision, S.R.L., 9896988 Canada, Inc., Educare
`
`Centre Services, Inc., Tripletel, Inc., Mohammad Souheil, Sam Madi, Charles Kharouf,
`
`Wissam Jalil, Globex Telecom, Inc., and 9506276 Canada, Inc., individually,
`
`collectively, or in any combination.
`
`E.
`
`“Document” is synonymous in meaning and equal in scope to the usage of
`
`“document” and “electronically stored information” in Federal Rule of Civil Procedure
`
`34(a), Fed. R. Civ. P. 34(a), and includes writings, drawings, graphs, charts, photographs,
`
`sound and video recordings, images, Internet sites, web pages, websites, electronic
`
`correspondence, including e-mail and instant messages, contracts, accounting data,
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`advertisements, FTP Logs, Server Access Logs, books, written or printed records,
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`handwritten notes, telephone logs, telephone scripts, receipt books, ledgers, personal and
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`business canceled checks and check registers, bank statements, appointment books,
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`computer records, customer or sales databases and any other electronically stored
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`information, including Documents located on remote servers or cloud computing
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`systems, and other data or data compilations from which information can be obtained
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`
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 5 of 51
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`directly or, if necessary, after translation into a reasonably usable form. A draft or non-
`
`identical copy is a separate Document within the meaning of the term.
`
`F.
`
`G.
`
`“Globex Defendants” means Globex Telecom, Inc. and 9506276 Canada, Inc.
`
`“Globex Defendants and Subsidiaries” means the Globex Defendants, and their
`
`subsidiaries, including InitPro Technologies, Inc. (“InitPro”) and its subsidiaries.
`
`H.
`
`“High Risk Customer” means any (1) Telemarketer, wherever located, or (2)
`
`voice service provider or Voice Over Internet Protocol (“VoIP”) provider not domiciled
`
`in the United States.
`
`I.
`
`“International Premium Rate Number” means any number that is invalid under
`
`the North American Numbering Plan that has an additional interconnection fee, similar to
`
`“900” or “976” numbers in North America, which always incur a recipient-defined
`
`charge in excess of regular call charges.
`
`J.
`
`“Outbound Telephone Call” means a telephone call initiated by a Telemarketer
`
`to induce the purchase of goods or services or to solicit a charitable contribution.
`
`K.
`
`“Person” means any natural person or any entity, corporation, partnership, or
`
`association of persons.
`
`L.
`
`“Receiver” means the receiver appointed in Section XV of this Order and any
`
`deputy receivers that shall be named by the Receiver.
`
`M.
`
`“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 a
`
`customer in exchange for consideration.
`
`N.
`
`“Shareholders of the Globex Defendants” means all Persons owning shares of
`
`the Globex Defendants as of December 3, 2019, including 9504591 Canada Inc.,
`
`
`
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 6 of 51
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`10471500 Canada Inc., the Souheil Family Trust, the 2017 Souheil Family Trust, F.I.T.
`
`Ventures, LP, 9671447 Canada Inc., and their officer, agents, and employees.
`
`O.
`
`“Soft Switch or Hosted Switch Services” means the services of a call switching
`
`node provided by the Globex Defendants and Subsidiaries.
`
`P.
`
`“Souheil Related Individual” means Mohammad Souheil, any member of
`
`Souheil’s family, including, sisters, brothers, children, common law partners, and in-
`
`laws; and defendants Charles Kharouf and Sam Madi.
`
`Q.
`
`“Souheil Defendants” means Mohammad Souheil, Prolink Vision, S.R.L., and
`
`9896988 Canada, Inc.
`
`R.
`
`“Spoofing” means failing to transmit or cause to be transmitted the accurate
`
`telephone number, and, when made available by the caller’s carrier, the accurate name of
`
`the caller, to any caller identification service in use by a recipient of a telephone call.
`
`S.
`
`“STIR/SHAKEN Authentication Framework” means the Secure Telephone
`
`Identity Revisited and Signature-based Handling of Asserted Information Using Tokens
`
`standards. See 47 U.S.C. § 227b.
`
`T.
`
`“Subscription Account Number” means the identification number provided by
`
`the Commission to Persons with access to the National Do Not Call Registry.
`
`U.
`
`“Supermajority of the Shareholders of the Globex Defendants and
`
`Subsidiaries” means the Shareholders of the Globex Defendants and Subsidiaries
`
`holding, in the aggregate, voting rights in the Globex Defendants and Subsidiaries in
`
`excess of 66 2/3%.
`
`V.
`
`“Telemarketer” means any Person who, in connection with Telemarketing,
`
`initiates or receives telephone calls to or from a customer or donor.
`
`
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 7 of 51
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`W.
`
`“Telemarketing” means any plan, program, or campaign that is conducted to
`
`induce the purchase of goods or services or a charitable contribution by use of one or
`
`more telephones.
`
`X.
`
`“Traceback Request” means any request, complaint, or inquiry from:
`
`1.
`
`2.
`
`A telecommunications carrier or voice service provider,
`
`A consortium that conducts private-led efforts to trace back the
`
`origin of suspected unlawful robocalls, as contemplated under
`
`Section 13 of the TRACED Act, Pub. L. No. 116-105 § 13(d), 133
`
`Stat. 3274, 3287-88 (2019); or
`
`3.
`
`Any other industry organization comprised of telecommunications
`
`carriers and/or voice service providers who 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.
`
`ORDER
`
`I.
`
`DEBT RELIEF PRODUCT OR SERVICE BAN
`
`IT IS THEREFORE ORDERED that the Souheil Defendants are permanently
`
`restrained and enjoined from advertising, marketing, promoting, or offering for sale, or
`
`assisting in the advertising, marketing, promoting, or offering for sale of any Debt Relief
`
`Product or Service, including any credit card interest rate reduction service.
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 8 of 51
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`
`TELEMARKETING BAN
`
`IT IS FURTHER ORDERED that the Souheil Defendants are permanently
`
`II.
`
`restrained and enjoined from participating in Telemarketing to the United States, whether
`
`directly or through an intermediary.
`
`III.
`
`PROHIBITED MISREPRESENTATIONS AND OMISSIONS
`
`IT IS THEREFORE ORDERED that the Souheil Defendants and their officers,
`
`agents, and employees, and all other Persons in active concert or participation with them,
`
`who receive actual notice of this Order by personal service or otherwise, whether acting
`
`directly or indirectly, in connection with the advertising, marketing, promoting, or
`
`offering for sale of any goods or services, are restrained and enjoined from
`
`misrepresenting or assisting others in misrepresenting, expressly or by implication, any
`
`material fact, including, but not limited to:
`
`A. Misrepresenting, or assisting others in misrepresenting, expressly or by
`
`implication, any of the following:
`
`1.
`
`Any material aspect of the nature or terms of the Seller’s refund,
`
`cancellation, exchange, or repurchase policies, or
`
`2.
`
`Any other fact material to consumers concerning any good or service, such
`
`as: the total costs; any material restrictions, limitations or conditions; or any
`
`material aspect of its performance, efficacy, nature, or central characteristics;
`
`B.
`
`Representing, or assisting others in representing, expressly or by implication, the
`
`benefits, performance, or efficacy of any good or service, unless the representation is
`
`non-misleading, and, at the time such representation is made, the Souheil Defendants
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`possess and rely upon competent and reliable evidence to substantiate that the
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`
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 9 of 51
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`representation is true.
`
`IV.
`
`PROHIBITION ON SOUHEIL INVOLVEMENT WITH U.S. GLOBEX
`
`DEFENDANTS AND SUBSIDIARIES
`
`IT IS FURTHER ORDERED that Defendant Mohammad Souheil is
`
`permanently prohibited from serving as an officer, manager or employee, or de facto
`
`officer, manager or employee, of any Globex Defendants and Subsidiaries located in the
`
`United States. Furthermore, the Globex Defendants and Subsidiaries, Defendant
`
`Mohammad Souheil, and the Shareholders of the Globex Defendants and Subsidiaries are
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`permanently prohibited from nominating or having any Souheil Related Individual serve
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`as an officer or manager or de facto officer or manager of any of the Globex Defendants
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`and Subsidiaries located in the United States.
`
`V.
`
`PROHIBITIONS ON VIOLATING THE TSR
`
`IT IS FURTHER ORDERED that the Souheil Defendants and the Globex
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`Defendants and Subsidiaries, their officers, agents, and employees, and all other Persons
`
`in active concert or participation with them, who receive actual notice of this Order by
`
`personal service or otherwise, whether acting directly or indirectly, in connection with
`
`Telemarketing of any product or service, are restrained and enjoined from violating, or
`
`assisting others in violating, as defined by § 310.3(b) of the TSR, any provision of the
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`Telemarketing Sales Rule, 16 C.F.R. Part 310, attached as Attachment A.
`
`VI.
`
`PROHIBITIONS ON VIOLATING THE OHIO CSPA AND TSSA
`
`IT IS FURTHER ORDERED that the Souheil Defendants and the Globex
`
`Defendants and Subsidiaries, and their officers, agents, and employees, and all other
`
`Persons in active concert or participation with them, who receive actual notice of this
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`
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 10 of 51
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`Order by personal service or otherwise, whether acting directly or indirectly, are
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`permanently restrained and enjoined from engaging in unfair or deceptive acts or
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`practices in violation of the Ohio CSPA, R.C. 1345.01 et seq. and the Ohio TSSA, O.R.C.
`4719.01 et seq.
`
`VII. PROHIBITION ON THE GLOBEX DEFENDANTS AND SUBSIDIARIES
`
`PROVIDING SERVICES TO CERTAIN CUSTOMERS
`
`IT IS FURTHER ORDERED that the Globex Defendants and Subsidiaries and
`
`their officers, agents, and employees, are permanently restrained and enjoined from
`
`providing interconnected VoIP telephony services, Soft Switch or Hosted Switch
`
`Services, or telephone numbers to any Person who:
`
`A.
`
`Pays for services via stored-value cards, cryptocurrency, or money-transfer
`
`businesses;
`
`B.
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`Does not have a website or social media page providing public information about
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`the Person’s business;
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`C.
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`Is a High Risk Customer and does not have an email address at the same domain
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`name as the Person’s website; or
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`D.
`
`The Globex Defendants and Subsidiaries have notice of having been the subject
`
`of any formal written request from a government agency, subpoena, civil investigative
`
`demand, Traceback Request, or line carrier complaint, unless the Person bound by this
`
`Order:
`
`1.
`
`Repeats the procedures provided for by Subsections X.B, C, D and F of
`
`this Order to review and assess the accuracy of information provided by the
`
`customer; and
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 11 of 51
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`2.
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`Assigns an employee to monitor the customer’s calling activity on a daily
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`basis for 120 days to ensure the customer’s compliance with all federal and state
`
`telemarketing rules and laws, taking steps including but not limited to:
`
`a)
`
`Evaluating the customer’s answered call rate to determine whether
`
`the rate indicates illegal calling activity;
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`b)
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`Evaluating the proportion of the customer’s calls routed, delivered,
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`transmitted, originated, or terminated to numbers that were disconnected
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`or out of service to determine whether the rate indicates illegal calling
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`activity; and
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`c)
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`Evaluating the proportion of the customer’s calls that last less than
`
`six (6) seconds to determine whether the rate indicates illegal calling
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`activity.
`
`VIII. PROHIBITION ON GLOBEX DEFENDANTS AND SUBSIDIARIES
`ASSISTING CERTAIN TELEPHONE CALLS
`IT IS FURTHER ORDERED that the Globex Defendants and Subsidiaries are
`
`permanently restrained and enjoined from dialing, routing, transmitting, originating,
`
`terminating, or assisting in the dialing, routing, transmission, origination, or termination
`
`of any telephone call:
`
`A.
`
`Displaying as a caller ID number:
`
`1.
`
`2.
`
`3.
`
`911, 1911, or 10911;
`
`Any known unassigned telephone number;
`
`Any International Premium Rate Number;
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`
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 12 of 51
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`
`4.
`
`Any telephone number that is invalid under the International
`
`Telecommunication Union’s Recommendation ITU-T E.164, “The international
`
`public telecommunication numbering plan,” or a successor recommendation; or
`
`5.
`
`Any telephone number that is invalid under the North American
`
`Numbering Plan if the telephone call is from a customer that is a Telemarketer; or
`
`B.
`
`Transmitted after June 30, 2021, unless changed pursuant to applicable
`
`legislation, that is not compliant with the STIR/SHAKEN Authentication Framework, or
`
`a successor authentication framework if subsequently mandated by applicable federal law
`
`or regulation.
`
`IX. GLOBEX DEFENDANTS AND SUBSIDIARIES MONITORING
`PROCEDURES
`IT IS FURTHER ORDERED that the Globex Defendants and Subsidiaries and
`
`their officers, agents, and employees, are permanently restrained and enjoined from
`
`providing interconnected VoIP telephony services, Soft Switch or Hosted Switch
`
`Services, or telephone numbers without having ongoing procedures in place to monitor
`
`its customers’ activities, including procedures to:
`
`A.
`
`Block any calls attempting to use as a caller ID number:
`
`1.
`
`2.
`
`3.
`
`4.
`
`911, 1911, or 10911;
`
`Any known unassigned telephone number;
`
`Any International Premium Rate Number;
`
`Any telephone number that is invalid under the International
`
`Telecommunication Union’s Recommendation ITU-T E.164, “The international
`
`public telecommunication numbering plan,” or a successor recommendation; or
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`
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 13 of 51
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`5.
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`Any telephone number that is invalid under the North American
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`Numbering Plan if the telephone call is from a customer that is a Telemarketer;
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`B.
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`Block the use of Spoofing, including, but not limited to implementing the
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`STIR/SHAKEN Authentication Framework no later than June 30, 2021 unless changed
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`pursuant to applicable legislation, or a successor authentication framework if
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`subsequently mandated by applicable federal law or regulation;
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`C.
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`Determine if High Risk Customers are engaged in unlawful activity by comparing
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`caller ID numbers to public databases that compile lists of caller ID numbers associated
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`with fraudulent calls, including, the Commission’s daily release of information on Do
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`Not Call and robocall complaints reported to the Commission (https://www.ftc.gov/site-
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`information/open-government/data-sets/do-not-call-data) or any subsequent federal
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`government disclosure list of caller ID numbers associated with fraudulent calls;
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`D.
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`Review formal written inquiries from government agencies, civil investigative
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`demands, subpoenas, Traceback Requests, and line carrier complaints shared with the
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`Globex Defendants and Subsidiaries, and listen to prerecorded messages that are the
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`subject of such requests, whether such messages are found in the request or in public
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`databases that compile recordings of such messages; and
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`E.
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`Determine if High Risk Customers are sending calls that deliver a message that
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`misrepresents that the call is from a government agency or law enforcement.
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`X.
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`GLOBEX DEFENDANTS AND SUBSIDIARIES SCREENING AND
`REVIEW OF CUSTOMERS
`IT IS FURTHER ORDERED that the Globex Defendants and Subsidiaries and
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`their officers, agents, and employees are permanently restrained and enjoined from
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`providing interconnected VoIP telephony services, Soft Switch or Hosted Switch
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`
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 14 of 51
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`Services, or telephone numbers to any customer, or new or prospective customer, without
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`first engaging in a reasonable screening and review of that customer. For new customers,
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`such screening must occur and be completed before beginning to provide services to the
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`new customer. For existing customers, such screening must occur and be completed
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`within sixty (60) days of the entry of this Order. For all High Risk Customers, such
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`screening must recur annually. Such screening and review must include, but not be
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`limited to:
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`A.
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`Obtaining from each customer:
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`1.
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`2.
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`3.
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`The name(s) of contact person responsible for the customer’s account;
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`A description of the nature of the customer’s business;
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`Whether or not the customer engages in Telemarketing, and, if so, whether
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`the customer uses telephone calls that deliver prerecorded messages;
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`4.
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`If a customer’s business involves Telemarketing or making telephone calls
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`to solicit the purchase of goods or services or charitable contributions: the
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`customer’s Subscription Account Number for accessing the National Do Not Call
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`Registry;
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`5.
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`If a customer’s business involves Telemarketing or making telephone calls
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`to solicit the purchase of goods or services or charitable contributions using
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`telephone calls that deliver prerecorded messages:
`
`a.
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`A written certification from the customer that for each telephone
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`call that delivers a prerecord message to induce the purchase of
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`any good or service, the customer has evidence of an express
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`written agreement that complies with Section 16 C.F.R.
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`
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 15 of 51
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`§310.4(b)(1)(v)(A )(i) through (iv) of the TSR that the customer
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`obtained from each Person called; and
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`b.
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`For any telephone call that delivered a prerecorded message to
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`induce the purchase of any good or service that is the subject of a
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`consumer complaint, formal written inquiry from a government
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`agency, civil investigative demand, subpoena, Traceback Request,
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`or line carrier complaint shared with the Globex Defendants and
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`Subsidiaries, actual evidence of the express written agreement that
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`the customer certified that it had under Subsection A.5.a of this
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`Section;
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`6.
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`If a customer’s business involves the resale or offering of interconnected
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`VoIP telephony services, the resale or licensing of telephone numbers, or any
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`other telecommunications or information services: the customer’s Universal
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`Service Fund registration number and a copy of the customer’s FCC Form 499 or
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`FCC Form 214, as applicable;
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`7.
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`A list of each physical address at which the customer has conducted
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`business or will conduct the business(es) identified pursuant to Subsection A.1 of
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`this Section;
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`8.
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`The billing address and email address associated with the customer’s
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`means of payment for services, as well as the name of the Person paying for
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`services;
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`9.
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`The customer’s federal Taxpayer Identification Number or equivalent(s)
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`thereof, as applicable;
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 16 of 51
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`10.
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`The customer’s state or country of incorporation or equivalent thereof, as
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`applicable; and
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`11.
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`The names of at least two trade or bank references;
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`B.
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`Determining whether the customer, or calls dialed by that customer, has been the
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`subject of: (1) any formal written request from a government agency, subpoena, civil
`
`investigative demand, or other complaint shared with the Globex Defendants and
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`Subsidiaries; or (2) any lawsuit filed by the Commission, or any other law enforcement
`
`action by any other state or federal agency;
`
`C.
`
`Obtaining from each High Risk Customer:
`
`1.
`
`The name of the principal(s) and controlling Person(s) of the customer,
`
`and for any privately-held entity, the name(s) of Person(s) who have a majority
`
`ownership interest in the customer;
`
`2.
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`The name of the customer’s employee responsible for compliance with the
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`Telemarketing Sales Rule and other state and federal laws governing
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`Telemarketing and automated dialing;
`
`3.
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`A list of all corporate, business, trade, and fictitious names, aliases, and
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`websites under or through which the following have transacted business in the last
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`three (3) years: (1) the customer, (2) the principal(s) and controlling Person(s) of
`
`the customer, and (3) if the customer is a privately-held entity, the Person(s) with
`
`a majority ownership interest in the customer;
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`D.
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`If the customer is a Telemarketer:
`
`1.
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`A description of the nature of the goods and services sold;
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`
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 17 of 51
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`2.
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`A list of all caller ID numbers and callback numbers the High Risk
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`Customer uses, substantiated by proof that the High Risk Customer has a
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`valid license to use each such phone number;
`
`E.
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`For each High Risk Customer, determining:
`
`1.
`
`Whether any corporate, business, trade, or fictitious name or alias under
`
`which such High Risk Customer conducts or has conducted the business has ever
`
`been the subject of: (a) any formal written request from a government agency,
`
`subpoena, civil investigative demand, or other complaint shared with the Globex
`
`Defendants and Subsidiaries; or (b) any lawsuit filed by the Commission, or any
`
`other law enforcement action by any other state or federal agency; and
`
`2.
`
`Whether any of the principal(s) and controlling Person(s) of the High Risk
`
`Customer, and if the High Risk Customer is a privately-held entity, the Person(s)
`
`with a majority ownership interest in the High Risk Customer, has been the
`
`subject of: (a) any formal written request from a government agency, subpoena,
`
`civil investigative demand, or other complaint shared with the Globex Defendants
`
`and Subsidiaries; or (b) any lawsuit filed by the Commission, or any other law
`
`enforcement action by any other state or federal agency;
`
`F.
`
`Taking reasonable steps to review and assess the accuracy of the information
`
`provided pursuant to Subsections A, B, C, and D of this Section (as necessary), including
`
`but not limited to:
`
`1.
`
`2.
`
`Reviewing the websites and/or social media pages used by the customer;
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`Reviewing free public databases hosted by state governments that contain
`
`information about the incorporation of business entities;
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`
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 18 of 51
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`3.
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`Reviewing the Federal Communications Commission’s website that
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`publishes Universal Service Fund registration numbers and confirming any FCC
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`Form 214 or 499, as applicable;
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`4.
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`5.
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`Performing internet searches about the customer; and
`
`For a High Risk Customer, performing internet searches about the
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`corporate, business, trade, or fictitious names and aliases under which the
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`following conduct business: (1) the High Risk Customer, (2) the principal(s) and
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`controlling Person(s) of the High Risk Customer, and (3) if the High Risk
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`Customer is a privately-held entity, the Person(s) with a majority ownership
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`interest in the High Risk Customer.
`
`XI. GLOBEX DEFENDANTS AND SUBSIDIARIES TERMINATION AND
`DECLINATION OF CUSTOMERS
`IT IS FURTHER ORDERED that the Globex Defendants and Subsidiaries and
`
`their officers, agents, and employees are permanently restrained and enjoined from
`
`providing interconnected VoIP telephony services, Soft Switch or Hosted Switch
`
`Services, or telephone numbers to any existing or new customer, and must immediately
`
`terminate or decline any business relationship with a customer if information obtained in
`
`a review under Section X above, or by any other means, including receipt of any formal
`
`written request from a government agency, subpoena, civil investigative demand,
`
`Traceback Request, or line carrier complaint shared with the Globex Defendants and
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`Subsidiaries reveals that the customer:
`
`A.
`
`Is a High Risk Customer that has been the subject of, or calls dialed or routed by
`
`the High Risk Customer have been the subject of, a total of three (3) or more subpoenas
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`
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`Case 3:19-cv-00196-KC Document 272-1 Filed 09/21/20 Page 19 of 51
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`or civil investigative demands from government agencies during any twelve (12) month
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`period that have been shared with the Globex Defendants and Subsidiaries;
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`B.
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`Is a High Risk Customer, who is not a Cooperative Voice Service Provider, that
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`has been the subject of, or calls dialed or routed by that High Risk Customer have been
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`the subject of, a total of three (3) or more Traceback Requests or line carrier complaints
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`shared with the Globex Defendants and Subsidiaries during any sixty (60) day period;
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`C.
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`Is a High Risk Customer and is initiating, causing the initiation of, or transmitting,
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`routing, originating, or terminating any telephone call that displays as a caller ID number:
`
`1.
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`2.
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`3.
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`4.
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`911, 1911, or 10911;
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`Any known unassigned telephone number;
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`Any International Premium Rate Number;
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`Any telephone number that is invalid under the International
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`Telecommunication Union’s Recommendation ITU-T E.164, “The international
`
`public telecommunication numbering plan,” or a successor recommendation;
`
`provided however that terminating the High Risk Customer is not necessary if,
`
`upon reasonable inves