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Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 1 of 16
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`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 1 of 16
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`OOOQOMADJN—
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`NNNNNN——~———-—-———M-‘iWN—osmuomth—o
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`
`Federal Trade Commission, and
`
`State of Ohio ex rel. Attorney General
`Dave Yost,
`
`EP-l9-CV- l 96-KC
`
`[PROPOSED]
`STIPULATED ORDER FOR
`PERMANENT INJUNCTION AS TO
`DEFENDANT CHARLES KHAROUF
`
`Plaintiffs.
`
`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, LL. Vision, Care
`Value Services. and Card Value Services
`
`a
`
`
`
`Tripletel, Inc., a Delaware
`corporation,
`
`Prolink Vision, S.R.L.. 3
`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,
`
`
`
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`
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`
`

`

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`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 2 of 16
`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 2 of 16
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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, ofiicer, 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 Educate
`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 its First Amended Complaint for Pemianent
`
`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
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`Act (“Telemarketing Act”), 15 U.S.C. §§ 6101-6108, the Ohio Consumer Sales Practices
`
`
`
`
`
`
`
`
`
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`Act (“CSPA”), O.R.C. 1345.07, and the Ohio Telephone Solicitation Sales Act
`
`(“TSSA”), O.R.C. 4719.01 et seq. Plaintiffs and Defendant Charles Kharouf stipulate to
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`the entry of this Stipulated Order for Permanent Injunction and Monetary Judgment
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`thaWiOlated Section 5(a) of the FTC Act. 15 U.S.C. § 45(a), the Telemarketing
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`(“Order”) to resolve all matters in dispute in this action between them.
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`THEREFORE, IT IS ORDERED as follows:
`
`FINDINGS
`
`71.
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`This Court has jurisdiction over this matter.
`
`- 2
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`The First Amended Complaint charges that Kharouf participated in acts or
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`
`
`

`

`
`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 3 of 16
`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 3 of 16
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`Sales Rule (“TSR”), l6 C.F.R. Part 310, the Ohio CSPA. O.R.C. 1345.01 at seq.. and the
`
`IN)
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`‘000\l0.VI#3DJ
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`Ohio TSSA. O.R.C. 47l9.0l et seq.
`
`3.
`
`Kharoul‘ neither admits nor denies any of the allegations in the First Amended
`
`Complaint. except as specifically stated in this Order. Only for purposes of this action.
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`Kharouf admits the facts necessary to establish jurisdiction.
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`4.
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`Kharoul‘ waives any claim that he may have under the Equal Access to Justice
`
`Act. 28 U.S.C. § 2412, conceming the prosecution oftltis action tht‘Ough the date of this
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`Order. and agree to hear his own costs and attorney fees.
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`5.
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`Kharouf and Plaintiffs waive all rights to appeal or otherwise challenge or contest
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`the validity of this Order.
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`DEFINITIONS
`
`For the purpose ol‘this Order. the Following definitions shall apply:
`
`A.
`
`"Debt Relief Product or Service" means any product, sen/ice. plan or program
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`represented, expressly or by implication, to renegotiate. settle, or in any way alter the
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`terms of payment or other terms of the debt or obligation between a consumer and one or
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`more creditors or debt collectors. including a reduction in the balance, interest rate. or
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`fees owed by a consumer to a creditor or debt collector.
`
`B.
`
`“Defendants" means Prolink Vision, S.R.L., 9896988 Canada, lnc., Educare
`
`Centre Services, lnc.. Tripletel, lnc., Mohammad Souheil, Sam Madi, Charles Kharouf,
`
`Wissam Jalil, Globex Telecom, lnc., and 9506276 Canada, lnc., individually,
`
`collectively, or in any combination.
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`C.
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`“Document" is synonymous in meaning and equal in scope to the usage of
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`“document" and “electronically stored information" in Federal Rule ot‘Civil Procedure
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`
`
`
`
`

`

`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 4 of 16
`Case 3:19-cv-00196—KC Document 272-4 Filed 09/21/20 Page 4 of 16
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`34(a), Fed. R. Civ. P. 34(3). and includes writings, drawings. graphs, charts. photographs.
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`sound and video recordings, images. Internet sites, web pages, websites, electronic
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`correspondence. including e-mail and instant messages. contracts, accounting data.
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`advertisements. FTP Logs. Sewer Access Logs. books. written or printed records.
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`handwritten notes, telephone logs. telephone scripts, receipt books. ledgcrs, 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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`directly or. if necessary, after translation into a reasonably usable form. A draft or non-
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`identical copy is a separate Document within the meaning of the term
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`D.
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`“Person" means any natural person or any entity, corporation. partnership. or
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`association of persons.
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`E.
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`"Seller" means any Person who, in connection with a Telemarketing transaction,
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`provides, offers to provide, or arranges for others to provide goods or services to a
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`customer in exchange for consideration.
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`F.
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`“Telemarketer” means any Person who, in connection with Telemarketing,
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`initiates or receives telephone calls to or from a customer or donor.
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`G.
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`‘Telemarketing” means any plan, program. or campaign that is conducted to
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`induce the purchase of goods or services or a charitable contribution by use of one or
`
`\OOONQUI-D-UJN—
`Nb—u—‘r—I—p—n—l—r—u—nt—tO‘OOOQONUIAWN—O
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`.N .—
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`1
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`N)N
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`

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`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 5 of 16
`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 5 of 16
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`ORDER
`
`I.
`
`DEBT RELIEF PRODUCT OR SERVICE BAN
`
`IT IS THEREFORE ORDERED that Charlcs Kharouf is permanently
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`restrained and enjoined from advertising. marketing, promoting. or ochring for sale. or
`assisting in the advertising. marketing. promoting, or offering for sale ofany Debt Relief
`Product or Service. including any credit card interest rate reduction sewicc.
`
`ll.
`
`TELEMARKETING BAN
`
`IT IS FURTHER ORDERED that Charles Kharoul‘is permanently restrained
`
`and enjoined from participating in Telemarketing to the United States. whether directly or
`through an intermediary.
`Ill.
`PROHIBITED MISREI’RESENTATIONS AND OMISSIONS
`
`IT IS THEREFORE ORDERED that Charles Kharoul‘. and all other Persons in
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`active concert or participation with him. who receive actual notice ofthis Order by
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`personal service or otherwise. whether acting directly or indirectly. in connection with the
`
`.
`.
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`.
`.
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`.
`.
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`advemsmg. marketing, promoting. or ofiermg for sale ot any goods or services. are
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`restrained and enjoined from misrepresenting or assisting others in misrepresenting,
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`expressly or by implication, any material fact, including, but not limited to:
`
`A.
`
`Misrepresenting, or assisting others in misrepresenting. expressly or by
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`implication, any of the following:
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`1.
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`.
`.
`.
`.
`Any material aspect of the nature or terms of the Seller 5 refund,
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`cancellation, exchange. or repurchase policies; or
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`2.
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`Any other fact material to consumers coneeming any good or sen/ice. such
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`as:
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`the total costs; any material restrictions. limitations or conditions; or any
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`i.
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`Case 3:19-cv-00196—KC Document 272-4 Filed 09/21/20 Page 6 of 16
`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 6 of 16
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`‘
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`material aspect ofits perfomtance, efficacy, nature. or central characteristics;
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`B.
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`Representing. or assisting others in representing. expressly or by implication. the
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`benefits, performance, or efficacy of any good or service. unless the representation is
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`non-misleading. and. at the time such representation is made, Kharouf possesses and
`relies upon competent and reliable evidence to substantiate that the representation is true.
`IV.
`PROHIBITIONS ON VIOLATING THE OHIO CSPA AND TSSA
`
`IT IS FURTHER ORDERED that Charles Kharouf and all other Persons in
`
`active concert or participation with them who receive actual notice ofthis Order by
`
`personal service or otherwise. whether acting directly or indirectly. are pemtanently
`restrained and enjoined from engaging in unfair or deceptive acts or practices in violation
`of the Ohio CSPA. RC. 1345.01 et seq. and the Ohio TSSA. O.R.C. 4719.0] et seq.
`
`V.
`
`EQUITABLE MONETARY JUDGMENT AND SUSPENSION
`
`IT IS FURTHER ORDERED that:
`
`A.
`
`Judgment in the amount of Seven Million Five Hundred Thousand Dollars
`
`($7,500,000.00) is entered in favor of Plaintiffs against Charles Kharouf as equitable
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`monetary relief. The judgment is suspended subject to the conditions set forth in
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`Subsections B—D of this Section.
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`B.
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`Plaintiffs’ agreement to the suspension ofthe judgment as to Charles Kharouf is
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`expressly premised upon the truthfulness, accuracy. and completeness of the swom
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`financial statement and related documents (collectively. “financial representations")
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`submitted to the Commission by Charles Kharouf, including:
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`25
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`26
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`27
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`23
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`l.
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`The Financial Statement of Charles Kharouf as last updated and signed on
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`August 27, 2019;
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`2.
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`The Declaration of Charles Kharouf dated July 17, 2020; and
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`
`
`

`

`.
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`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 7 of 16
`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 7 of 16
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`1
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`3.
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`Documents related to Charles Kharout‘s Canadian Consumer Proposal
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`under the Canadian bankruptcy and insolvency act part 3, division 2 that Charles
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`Kharouf provided to Plaintiffs counsel on July 15, 2020.
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`D.
`The suspension of the judgment will be lifted as to Charles Kharouf if, upon
`motion by the Plaintiffs, the Court finds that he failed to disclose any material asset.
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`materially misstated the value of any asset, or made any other material misstatement or
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`omission in the financial representations identified above.
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`E.
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`If the suspension of the judgment is lifted, the judgment becomes immediately
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`due as to Charles Kharouf in the amount of Seven Million Five Hundred Thousand
`Dollars ($7,500,000.00) specified in Subsection A. above, which the parties stipulate
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`represents the consumer injury alleged in the First Amended Complaint.
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`VI.
`
`ADDITIONAL MONETARY PROVISIONS
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`IT IS FURTHER ORDERED that:
`
`A.
`
`Charles Kharouf relinquishes 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
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`assets.
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`
`
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`B.
`
`The facts alleged in the First Amended Complaint will be taken as true, without
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`fimher proof, in any subsequent civil litigation by or on behalf ofthe Plaintiffs, including
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`in a proceeding to enforce their rights to any payment or monetary judgment pursuant to
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`this Order, such as a nondischargeability complaint in any bankruptcy case.
`
`C.
`
`The facts alleged in the First Amended Complaint establish all elements necessary
`
`to sustain an action by the Plaintiffs 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
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`‘ michpurposes.
`
`
`
`

`

`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 8 of 16
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`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 8 of 16
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`D.
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`Charles Kharouf acknowledges that his Taxpayer Identification Numbers (Social
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`Security Numbers or Employer Identification Numbers) or equivalant, which he
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`previously submitted to the Commission. may be used for collecting and reporting on any
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`delinquent amount arising out of this Order. in accordance with 3| U.S.C. §770L
`E.
`All money paid to the Plaintiffs pursuant to this Order may be deposited into a
`fund administered by the Commission or its designee on behalf of the Commission and
`
`the State of Ohio to be used for equitable relief. including consumer redress and any
`
`attendant expenses for the administration of any redress fund. If a representative of the
`
`Plaintiffs decides that direct redress to consumers is wholly or partially impracticable or
`money remains after redress is completed. the Plaintiffs may apply any remaining money
`for such other equitable relief (including consumer information remedies) as it
`
`determines to be reasonably related to Defendants” practices alleged in the First Amended
`
`Complaint. Any money not used for such equitable relief shall be divided between the
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`Commission and the State of Ohio to be deposited to the U.S. Treasury as disgorgement
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`and to the Ohio Attorney General’s Telemarketing Fraud Enforcement Fund. Charles
`Kharoufhas no right to challenge any actions the Plaintiffs or their representatives may
`
`take pursuant to this Subsection.
`
`VII. CUSTOMER INFORMATION
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`,,
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`20
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`21
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`IT IS FURTHER ORDERED that Charles Kharouf and all other Persons in
`
`
`
`

`

`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 9 of 16
`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 9 of 16
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`efficiently administer consumer redress.
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`ll‘ Plaintiffs‘ representative requests in writing
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`any infomration related to redress. Charles Kharouf must provide it, in the form
`
`prescribed by Plaintiffs” representative, within fourteen ([4) days: and
`
`B.
`Disclosing, using. or benefitting from customer information. including the name.
`address, telephone number, email address, Social Security number. other identifying
`information. or any data that enables access to a customer's account (including a credit
`card. bank account. or other financial account). that Charles Kharoufobtained prior to
`
`entry of this Order in connection with any activity that pertains to marketing credit card
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`interest rate reduction services; and
`C.
`Failing to destroy such customer information in all fomis in theirpossession.
`custody. or control within thirty (30) days after receipt of written direction to do so from
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`a representative of the Plaintiffs.
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`Provided, however, that customer information need not be disposed of, and may
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`be disclosed, to the extent requested by a government agency or required by law,
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`regulation, or court order.
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`.19
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`VIII. COOPERATION
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`IT IS FURTHER ORDERED that Charles Kharouf must fully cooperate with
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`mives of the Plaintiffs in this case and in any investigation related to or
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`the transactions or the occurrences that are the subject of the First
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`
`
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`ft-npon ten (10) days written notice. or
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`

`

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`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 10 of 16
`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 10 of 16
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`\OmflQMhWN—
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`other reasonable notice, at such places and times as Plaintiffs’ representative may
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`designate. without
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`the service of a subpoena.
`
`IX.
`
`ORDERACKNOWLEDGMENTS
`
`IT IS FURTHER ORDERED that Charles Kharouf obtain acknowledgments of
`
`receipt of this Order:
`
`A.
`
`Charles Kharouf. within seven (7) days of entry of this Order, must submit to the
`
`Plaintiffs an acknowledgment of receipt of this Order sworn under penalty of perjury.
`
`B.
`
`For five (5) years after entry of this Order, Charles Kharouf for any business that
`
`he, individually or collectively with any other Defendant. is the majority owner or
`
`controls directly or indirectly, must deliver a copy of this Order to: (I) all principals,
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`officers, directors, and LLC managers and members; (2) all employees having managerial
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`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
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`(3) any business entity resulting from any change in structure as set forth in the Section
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`titled Compliance Reporting. Delivery must occur within seven (7) days of entry ofthis
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`Order for current personnel. For all others, delivery must occur before they assume their
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`responsibilities.
`
`C.
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`From each individual or entity to which Kharouf delivered a copy of this Order.
`
`Charles Kharouf must obtain, within thirty (30) days, a signed and dated
`
`acknowledgment of receipt of this Order.
`
`X.
`
`COMPLIANCE REPORTING
`
`IT IS FURTHER ORDERED that Charles Kharouf make timely submissions to
`
`the Plaintifi‘s:
`
`m
`
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`
`
`
`N'NNmama
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`
`

`

`|
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`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 11 of 16
`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 11 of 16
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`A.
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`One year afier entry of this Order, Charles Kharouf must submit a compliance
`
`report. swom under penalty of perjury:
`
`1.
`
`Charles Kharouf must: (a) identify the primary physical. postal. and email
`
`address and telephone number, as designated points of contact, which
`
`representatives of the Plaintiffs may use to communicate with him; (b) identify all
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`his businesses by all of their names, telephone numbers. and physical, postal,
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`email, and lntemet addresses; (c) describe the activities of each business.
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`including the goods and services offered. the means of advertising, marketing. and
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`sales, and the involvement of any other Defendant (which Charles Kharouf must
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`describe if he knows or should know due to his own involvement); (d) describe in
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`detail whether and how he is in compliance with each Section of this Order: and
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`(e) provide a copy of each Order Acknowledgment obtained pursuant to this
`
`Order, unless previously submitted to the Plaintiffs.
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`2.
`
`Additionally, Charles Kharouf must:
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`(a) identify all telephone numbers
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`and all physical, postal, email and Internet addresses, including all residences: (b)
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`identify all business activities, including any business for which he performs
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`services whether as an employee or otherwise and any entity in which he has any
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`ownership interest; and (c) describe in detail his involvement in each such
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`business, including title, role, responsibilities, participation, authority, control, and
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`any ownership.
`
`B.
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`For ten (10) years after entry of this Order, Charles Kharouf must submit a
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`compliance notice, swom under penalty of perjury, within fourteen (14) days of any
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`change in the following:
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`:28
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`11
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`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 12 of 16
`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 12 of 16
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`‘
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`1.
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`Charles Kharouf must report any change in: (a) any designated point of
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`contact: or (b) the structure of any entity that Charles Kharouf 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 afliliate that engages in any acts or practices
`subject to this Order.
`
`2.
`
`Additionally. Charles Kharouf 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.
`
`Charles Kharouf must submit to the Plaintiffs notice of the filing of any
`
`bankruptcy petition, insolvency proceeding. or similar proceeding by or against him
`
`within fourteen (14) days of its filing.
`D.
`Any submission to the Plaintiffs required by this Order to be swom 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
`
`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 Plaintiffs’ representative in writing, all
`submissions to the Commission pursuant to this Order must be emailed to
`
`DEbrief@fic.gov or sent by overnight courier (not the US. Postal Service) to: Associate
`
`1
`
`2
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`3
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`4
`:
`7
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`8
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`9
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`10
`1;
`13
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`l 4
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`15
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`[6
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`17
`::
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`20
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`21
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`23
`::
`26
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`2.8
`c
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`12
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`i‘
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`

`

`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 13 of 16
`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 13 of 16
`
`|
`
`Director for Enforcement. Bureau ot‘Consumcr Protection. Federal Trade Commission.
`
`600 Pennsylvania Avenue NW, Washington. DC 20580; the subject line must begin:
`
`FTC cl (1]..
`
`t'. Educarc Ccnlre Services, Inc. X19003‘).
`
`F.
`Unless otherwise directed by a Plaintiffs' representative in writing. all
`submissions to the Ohio Attorney General pursuant to this Order must be mailed to: Ohio
`Attorney General‘s Office. Consumer Protection Section. Attn: Compliance Unit. 30 East
`
`Broad Street. 14‘“ Floor. Columbus. Ohio 43215; the subject line must begin; FTC/Ohio
`
`v. Educare Centre Services. lnc.
`
`XI.
`
`RECORDKEEPING
`
`IT IS FURTHER ORDERED that Charles Kharoul‘must create certain records for
`ten (10) years after entiy of the Order. and retain each such record for live (5) years.
`
`Specifically. Charles Kharoufl‘or any business that he. individually or collectively with
`
`any other Defendant, is a majority owner or controls directly or indirectly, must create
`
`and retain the following records:
`
`A.
`
`B.
`
`.
`.
`.
`.
`Accounting records showmg the revenues from all goods or servtees sold:
`
`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 (ii'applicablc) the reason for termination;
`
`C.
`
`Records ofall consumer com )laints and refund re uests, whether received
`1
`cl
`
`.
`.
`.
`.
`directly or indirectly, such as through a tlnrd party, and any response; and
`
`D.
`
`All records necessary to demonstrate full compliance with each provision of this
`
`Order, including all submissions to the Plaintiffs.
`
`1 2
`
`3
`
`4
`:
`7
`
`S
`
`9
`
`‘0
`
`:;
`13
`
`14
`
`15
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`'6
`
`17
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`18
`
`19
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`20
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`21
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`22
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`23
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`24
`25
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`26
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`l3
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`
`
`

`

`
`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 14 of 16
`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 14 of 16
`
`XII. COMPLIANCE MONITORING
`
`IT IS FURTHER ORDERED that, for the purpose of monitoring Charles
`
`3
`
`Kharouf‘s compliance with this Order, including the financial representations upon which
`
`part ofthe judgment was suspended and any failure to transfer any assets as required by
`
`this Order:
`
`A.
`
`Within fourteen (14) days of receipt ot‘a written request from a representative of
`
`the Plaintiffs. Charles Kharouf must: submit additional compliance reports or other
`
`requested information, which must be swom under penalty of perjury; appear for
`
`depositions; and produce documents for inspection and copying. The Plaintiff's are also
`
`authorized to obtain discovery, without further leave ofcourt, using any of‘the procedures
`
`.
`.
`.
`.
`.
`.
`.
`.
`prescribed by Federal Rules of C iVil Procedure 29, 30 (including telephonic deposrttons).
`
`31, 33. 34, 36, 45, and 69.
`
`B.
`
`For matters concerning this Order. the Plaintiff‘s are authorized to communicate
`
`directly with Charles Kharouf. Charles Kharouf‘must permit representatives of the
`
`Plaintiffs to interview any employee or other Person affiliated him who has agreed to
`
`such an interviewd. The Person interviewed may have counsel present.
`
`C.
`
`.
`.
`.
`-
`Q
`.
`.
`The Plamttfts may use all other lawful means, including posmg. through Its
`
`representatives as consumers, suppliers, or other individuals or entities, to Charles
`
`Kharouf or any individual or entity affiliated with him. without the necessity of
`
`identification or prior notice. Nothing in this Order limits the Plaintiffs’ lawful use of
`
`compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-
`
`l.
`
`10
`
`11
`
`12
`
`I3
`
`I4
`
`I 5
`
`l6
`
`17
`
`'8
`
`19
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`20
`
`21
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`22
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`23
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`24
`25
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`26
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`27
`
`28
`
`14
`
`

`

`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 15 of 16
`
`D.
`
`Upon, ritten reque t from a repre ntati c of th Plainliff: , any consurner
`
`reporting ag n y mu ·t furnish consumer reports cone miJ1g harle Kharouf, pursuant to
`
`
`'Ill. RETE 'TJO .l OF JURf. DI TlO
`1T 1 F THER ORDERED that this ourt retains juri diction of this matter for
`
`purpo es of con tructi n. modification, and enforcement of thi Order.
`
`SOORDERED, thi
`
`, 2020.
`
`OGE
`
`rE. Brown
`J. Ronald Brooke, Jr.
`Federal Trade Commission
`600 Penn yh·ania Ave., NW
`ail top CC-8528
`a hington, DC 20- 0
`(202) 326-2825 / cbrown3@ftc.gov
`(202) 326-3484 / jbrooke@ftc.gov
`
`Attomey for Plaintiff
`FEDERAL TRADE COMMJ SJO
`
`Erin Leahy (Ohio Bar #69509)
`. Tra .i Gat1"i on (Ohio Bar #76757)
`Assi. tant Attorney n:neral
`Ohio Attomey General's Office
`Consum r Protection ection
`30 E. Broad Street, l4'h Floor
`Columbus, Ohio 43�15
`(614) 752-4730
`Erin.Leahy@OhioAttomeyGeneral.gov
`Tra is.Garrison@Ohio ttorneyGeneral.gov
`
`Attorney for Plaintiff
`STATE OF OHIO
`
`4
`
`6
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`7
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`9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`1
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`19
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`20
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`21
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`22
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`23
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`24
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`2n--+-J""l-r,n-l-,,�:+,.,r.,.,..
`
`27
`
`28
`
`15
`
`

`

`Case 3:19-cv-00196-KC Document 272-4 Filed 09/21/20 Page 16 of 16
`Case 3:19-cv-00196—KC Document 272-4 Filed 09/21/20 Page 16 of 16
`
`D.
`
`Upon written request from a representative of the Plaintiffs, any consumer
`
`reporting agency must furnish consumer reports concerning Charles Kharouf, pursuant to
`
`Section 604(1) of the Fair Credit Reporting Act, 15 USC. §1681b(a)(1).
`
`XIII. 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
`
`2020.
`
`
`
`KATHLEEN CARDONE
`
`UNITED STATES DISTRICT JUDGE
`
`W2“ ’ A CWWH;
`Christopher E. Brown
`Erin Leahy (Ohio Ba @509)
`I. Ronald Brooke, Jr.
`W, Travis Garrison (Ohio Bar #76757)
`Federal Trade Commission
`Assistant Attorney General
`600 Pennsyivania Ave, NW
`Ohio Attorney General’s Office
`Mail Step (XE-8528
`Consumer Protection Section
`Washington, DC 20580
`30 E. Broad Street, 14m Floor
`(202) 326-2825 / chrown3 @ftcgoy
`Columbus, Ohio 43215
`(202) 326-3484 /jbrooke@ftc.gov
`(6l4) 7524730
`.
`‘
`Erin,Leahy@0hioAttomeyGeneral.gov
`Attorneys for P1amnff
`TravisGarrison@OhioAttorneyGeneral.gov
`FEDERAL TRADE COMMISSION
`
`Attorneys for Plaintiff
`STATE OF OHIO
`
`
`
`Charles Kharouf
`
`15
`
`ADJN
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`\OOONIQ
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`

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