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Kevin Fortuna Deception

Kevin Fortuna Deception

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Published by tallymanger
Kevin Fortuna, AKF, JumpTap, Quigo, AKF Consulting, Mobile
Kevin Fortuna, AKF, JumpTap, Quigo, AKF Consulting, Mobile

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Categories:Business/Law, Finance
Published by: tallymanger on Feb 27, 2010
Copyright:Attribution Non-commercial

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05/27/2010

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UNITED STATES DISTRICT COURTDISTRICT OF MARYLAND____________________________________FEDERAL TRADE COMMISSION
)600 Pennsylvania Avenue, Northwest)Washington, District of Columbia 20580))Plaintiff,)))v.))
BALLENGER GROUP, LLC
)321 Ballenger Center Drive)Frederick, Maryland 21703)Frederick County, and)
Civil Action No.:
 )
BALLENGER HOLDINGS, LLC
)321 Ballenger Center Drive )Frederick, Maryland 21703)Frederick County)Defendants.))____________________________________)
STIPULATED FINAL JUDGMENT AND ORDER FORPERMANENT INJUNCTION AND MONETARY SETTLEMENT
Plaintiff Federal Trade Commission (“FTC”) commenced this action concurrently with thisStipulated Judgment and Order by filing a Complaint for permanent injunctive and other equitable relief pursuant to Sections 5(a) and 13(b) of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C.§§ 45(a) and 53(b). The Complaint charges Defendants Ballenger Group, LLC, and Ballenger Holdings,LLC, with deceptive and unfair acts and practices in promoting and offering credit counseling and debtmanagement plans in violation of Sections 5(a) and 13(b) of the FTC Act, 15 U.S.C. §§ 45(a) and 53(b).The FTC, and the Defendants, having been represented by counsel and acting by and through
 
-2-such counsel, have consented to the entry of this Order by this Court to resolve all matters of disputebetween the FTC and the Defendants without adjudication of any issue of fact or law and without theDefendants admitting liability for any of the matters alleged in the Complaint.
NOW, THEREFORE,
on the joint motion of the FTC and the Defendants
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED
as follows:
FINDINGS
1.This Court has jurisdiction over the subject matter of this case and of the parties. Venue in theDistrict of Maryland is proper.2.The Complaint states a claim upon which relief may be granted against Defendants underSections 5(a) and 13(b) of the FTC Act, 15 U.S.C. §§ 45(a) and 53(b).3.The FTC has the authority under Sections 5(a) and 13(b) of the FTC Act, 15 U.S.C.§§ 45(a) and 53(b) to seek the relief it has requested.4.Defendants have waived service of the Summons and Complaint.5.The activities of Defendants charged in the Complaint are in or affecting commerce, as definedin Section 4 of the FTC Act, 15 U.S.C. § 44.6.Defendants enter into this Order freely and without coercion, and acknowledge that theyunderstand the provisions of this Order and are prepared to abide by its terms.7.Defendants waive all rights to seek appellate review or otherwise challenge or contest thevalidity of this Order. Defendants further waive and release any claims they may have againstthe FTC, its employees, representatives, or agents.8.Defendants agree that this Order does not entitle Defendants to seek or to obtain attorneys’ fees
 
-3-as a prevailing party under the Equal Access to Justice Act, 28 U.S.C. § 2412, as amended byPub.L.104-121, 110 Stat. 847, 863-4 (1996). Defendants further waive any right to attorneys’fees that may arise under said provision of law.9.This Order is for settlement purposes only and does not constitute and shall not be interpreted toconstitute an admission by Defendants that they engaged in violations of any law or regulation,or that the facts alleged in the Complaint, other than the jurisdictional facts, are true.10.Entry of this Order is in the public interest.
DEFINITIONS
For purposes of this Order, the following definitions shall apply:1.“Person” means any individual, group, unincorporated association, limited or generalpartnership, corporation, or other business entity.2.“Defendants” means Ballenger Group, LLC, and Ballenger Holdings, LLC, whether actingdirectly or through any corporation, subsidiary, division, or other device.3.“Assisting others” means providing assistance or support to any person or entity, including, butnot limited to, providing any of the following goods or services: (a) formulating, drafting,providing, or arranging for the formulation, drafting, or provision of any marketing material; (b)providing names of, or assisting in the generation of, potential customers; (c) performingmarketing services of any kind; (d) formulating, drafting, providing, or arranging for theformulation, drafting, or provision of any employee script; (e) providing any training or trainingmaterials; or (f) providing information, advice, consultation, or materials regarding businessoperations, processes, or practices.
 

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