page 1 of 16 ilri, 1111nrll page 1 of 16 · the commission and defendants kelly nguyen, a.k.a. phu...
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Filed 02092006 Page 1 of 16ilri Ullflfll1l1 j 02f082006 Page 1 of 161111Nrll
I 11111 II 111111 InllUllllllll
OsCV)0265-0RU
_ The Honorable Thomas S ZiUy
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UNITED STATE DJ$TRICT COURTWESTERN DISTRICT OF WASHINGTON
AT SEATTLE 8
FEDERA TRDE COMMSION
Plaintiff Case No C05-0265 TSZ
12 9125-8954 QUEEC INC D A GLOBAL STIPULAIED F1AL JUDGMENTMAAGEMENT SOLUTONS a Candian AND ORDER FOR PERMANENT
13 corportion INJUNCTON AS TO DEFENDANTS9125-8947 QUEEC INC D KELLY NGUYEN AND MIN TAM
14 COMMUTEL MATING and DBAMAATING USA a Canadan corporation
15 6050808 CANADA INC DAMERICAN BUSINSS SOLUTIONS a
16 Canadian coorationTY NGUYN individually and as a director or
17 offcer ofOlobal Management Solutions andCommutel MarketgIareting USA
18 CORY KORNLSON individually and as aditector or offce of Global Management
19 SolutionsBYRON STECZKO individually and as a
20 dictor or offcer of Comutel MarketingIarketi USA
21 PHONG ANH VO mdividual1 and as aditor or offcer of Commute
22 MarketgIarketig USA KELLY NGUYN individually and as a
23 dirctor or offcer of American BusinessSolutions and
24 M TAM VO individually and as a directoror officer of Amercan Business Solutions
Defendants
Plaintiff Federal Trade Commission e Commssion Qr ITC) pursuant to Section 13(b)
28 ofthc Federal Trade Commission Act (UFTC Act ) 15 S3(b) fied its Complaint forC
FEDERAL- fRADB COMMISION 915 Second Ave Suo 2B96 Seuttle WasIJinpo98174
STI PERMANENT INJUCTION - (206) 22Q03SO
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Document 66shy1f Document 65 I(lre WifOWl cgf 1amp
Injunctie and Otr Equitable Relief including consumer reess alleging th defendats
9125-8954 Quebec In d a Global Mangemen Solutions 9125-8947 Quebec Inc db
Commute Marketing 6050808 Canada Inc d a America Busess Solutions Ty NguYet
4 a a Hiep Ma1 Nguyen Cory Kome1son B)Tn Sleczko lCeUy Nguyen aa Phu Minh Huy
Ngayen an Minh Tam V 0 enaged ui decetive ac1s and pnltice in connection with
telemarketing business dictories anor listigs in business directories to US consumers in
45(a) The Commission later filed an
Amende Complaint adding Phong An Yo as a defendant
The Commission and defendants Kelly Nguyen aka Phu Minh Huy Nguye and
Tam V 0 (hereinafer rcrerted to collectively as defendt8 have consented to the entr of ths
Stipulated Fma Judgment and Order for Peranent Iunction (Oer ) which res1ves aU
matter and claim in dispute betwee them arsing ftm the Complaint up to th date of entr of
this Or on the following tens and conditions withut a tral or adjudication of any issue of
law or fact
NOW T1fFORE the Commission an defendants having reuested the Cour to
enter this Order it is ORDERED ADJUDGED AN DECREED as foHows
FINDINGS
This is an action by the Commission institaed under SectiQn 13(b) ()fthe FTC
violation ofSectioD Sea) of the FTC Act IS C
19 Act 15 U 53(b) Pursuant to ths section the Commi$sionbas the authority to sek theC
20 relief contained her The Commission s Complaint states a claim upon which relief may be granted
agast defendants under Sections 5(a) and 13(b) of the Federl Trae Commision Act
C U 45(a) and 53(b)
24 C This Cowt bas jurdiction over the subject macr of this case and all pares
hereto Venue in lle West Distct ofWasmngton at Seattle is prpe The alleged activities of defendants ar in or affecting commerce as defmed in
Section 4 of the FfC Act 15 44C
FEDERAL TRDE COMMISSION 915 d A Suo 2gr
tllc Wubi 98174 STl rERANENf INJUCTION - 2 (206) 22OJ
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 3 of 16Case 205-cv-00265-TSZ Document 65 021082006 Page 3 of 16Filed
The pares shalt each bear their own cots and atorney s fees incurd in this
action and have waived all claims under the Equal Access to Justice Act 28 U$C 9 2412
amended by Pub L 104-121t 110 Stat 847 863-64 (1996) and all rights to seek judicial review
or otheIWise to challenge the validity of this Orer
F This Orer does not constitute an shl not be interpreted to consitute either an
admssion by defendants or a finding by the Court tht defendants hae engaged in any violations
of Section 5(a) of the FTC Act 15 USC f 45(a) or any other law orreglation
Entr oftbjs Order is in the public interest
DEFINITIONS
For puroses of this OIder the following defitions shal aply
Asset mea any lega or equitable intest in right to or clai to any rel and
peronal propert includig but not limited to chattels goods instrents equipment
geerl intangibles effects leaolds mal or other deliveries inventory checks notes
accounts crdits receivables funds monies and an cash wherever located
AssJl)tlng mean provifng substantial assistance or suort to any person For
16 puroses oftbs Order providi substantial assistance or support includes but is not lited to
17 (a) prearng priting or trsmittin invoices (b) recording or verifying sales solicitations
(c) perfonning customer serice fuctions including but not limited to receiving or responding
to consuer complats obtnig or receiving identifyng and fiuancial infonation frm 20 consumers and communcating with cosumer on behalf of the seller or telemarketer
(d) developing providing Ot an-nging for the developmen1 or provision of sales scripts or any
other marketing material (t1) verfying proessinamp fulfillig or amging fur the fulfillment of
order (f) developinamp providing or arBlgig for the provision of naes of potentia customer
24 (g) collecting or argig for the collection of accoWtts receivable or other amounts Qwed
(h) prviding or aranging for the provision of post offce boxes or the serces of commeria1
26 mail receiving agencies or (i) perfunng or providig marketing services of any kind
Corporate defendant meas 6050808 Canda Inc d a American Business
PfPERL TRDE COMMISSION 915 Sed Ave Su 2896 Seattle Wasmngton 93174STIP PERMNl lNJUNCTON - 3 (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 - Page 4 of 16Case 205-cv-00265-TSZ Document 65 Filed 02082006 Page 4 of 16
Solutions
Customer me any person who has paid or may be reuire to pay for goods
or serices offere for sale or sold by the corporate defendat
E Defendats means Keny Nguye aka Phu Mi Huy Nguye an Ivinh Tam
Vo
Doument is synonymous in meang an eq in scope to the usage of the
teIm in FederaJ Rule ofCiviI Prure 34(a) an includes wrtings drwings grhs chart
photogrhs audio fId video recordgs computer records ard other data compilations tram
which information can be obtaned and trnslated if necessar through dettion devices into
reasonaly usable form A draf or non-identical copy is a separte document withn the meag of the ter
Materal mean likely to afect a person s choice of or conduct regaing
goods or serces
Pern means any na peron an any organaton or other leg entity
including a corporation parersip sale prorietorsp limited liabilty company association
coopertive governent agency or any other grup or combination acting as an entity
Telemarketing mea any business acvity (including but not limited to
intiating Of receiving telephone cals mag other who initia or receive telephone calls
operatg an enterrise that initiates or receives telephone calls owning an entere that
intiates or receives telephone cals or otherwise paricipating as an officer) director employee or
independent contractor in an enterrise tht intiates or receives telephone calls) tht involves
atmpts to induc consumer to purbase any item goo ice membeship parership
inteest trst interet or other beeficial interest or to enter a contest for a prie by means of
telephone sales presentations either exclusively or in conjunction with the use of other fonn of
tha the ter telemaeting shall not include tranactions tht
ar not completed until afer a face-to-face contact between the seHer or solicitor and the
consumer solicited
marketig Provided however
FEDERAL ID COMMISSION 015 Sed Avt Suo 2896 Stltre WlIbintJn 814
STIP PERANENT INJUNCTION - 4 (206) 220-6350
Case 205-cv-00265-TSZ Document 66 Filed 02092006 Page 5 of 16Case 205-cv-00265- TSZ Document 65 Filed 02082006 Page 5 of 16
ORDER
I BAN ON CERTAIN ACTIVTIS
IT IS THEREFORE ORDERED that defenant Kelly Nguyen is hereby penanently
restraied and enjoined frm engaging parcipati or assisting others in the adversing
promotig telemketing offerng for sale sellig or distrbuti of business dictories andor
listings in business directories to US residets
II PROmOITD BUSINES ACTIVIES
IT IS FURTHER ORDERED tht defendats their succesors and assign~ an thr
offcers agents diretors servans employees and atorn an tho8e perns in active conc lO or pareipation with them who reive acua notice oftbs Orer by peonal seice or
otherwise whether acting directly or thugh any penon tr corporation subsidiar division 12 or other device or any of them in connection with the adverising promotig telemareting
13 offeri for sale sellig or distrbuting of any good or selVice to us residets are herby
14 peranently restrined and enjoined from
Misrepresenting expressly or by implication
Tht cosumers have previously authoried the purhase of a good or
serIce
Th consumers have agred to p11hase a good or service
Tht consumers have a tral period durng which they can review a good or
serice without inumng financial obligation
Tht consumers owe money for a good or serce
Any materal fact regaing a go or serce and
Any materal fact regaring the ters conditions and limtations of any
refund or guartee policy
Failing to disclose in outbound telemarketng caJIs to consumers promptly and in
26 a clea IUd conspicuous manner (1) the identity of the seller (2) that the purose of th call is to
27 sell goods or serces an (3) thenture of the goods or servces
fEDERAL TRADE COMMSSION 915 Smom A Suo 2a96
Seallk Wuhingln 98174 STIP PERMANE INJUCTON C06) 221)6351
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Bgg S3 s 9 WRf1ro cr
Failing to dilose in outbound telemarketng calls to conser in a clear
conspicuous maner aU material terI conditions an liitations of any refund or gutee policy or any policy of non-refndabilty
Violating the Telemketng Sales Rule 16 CPR Par 310 including any
amendmens thereto and
Assistig other who violate any provision of Section n of ths Order
il PROffBITED DISCLOSUR OF CUSTOMER INFORMATION
IT IS FURTHER ORDERED th defendats thei successors an assign and their
offcer agents diors sean emplo and attomeys and those persons in acthe concert
10 or pacipation with them who receive actual notice of this Order by personal sece or
otherse whether acti directly or through any person tmst OOIprato subsidiar division
12 or other device or any ()fthem are hereby peranently retrned and enjoined frm selling
reting leasing trfenng or othetWise disclosin the nam addrss telephone nwnber
14 Social Secuty nmnbe credt car numbe bank account number e-ma address or other
identifyg information of any peron who paid any money to either defendant or the corprat
defent at any time prior to entr oftbis Order for My business dirctory andor any listing in
17 bU5iness ditory PIQvided howevr that defendants may disclose such identifYng
infonaton to a law enforcement agency or as reuid by any law regulation or cour order
IV CEASING COLLECTION ON CCOUNTS
IT IS FURTHER ORDERED tht defendants their successrs and assign and their
offce agents diectors seants employes and a(tomey~ and those persons in active concert
or parcipation with them who receve actu notice of ths Order by persona seroe or
otherse whether acting directly or thugh any peron ttt corporation subsidiar division
24 or other devic or any ofther ar hereby penanently restraied and enjoined ftm collectng
or atempting to collec payment for the Qorplate defendant $ business directory anor listig in
the diretoIY~ dirctly or thugh any third par on any account established pror to entr of this
Order
fEDERAL TRDE COMMISSION 91S Slood Suo 2896 silttlc Washington 98174
STIP lBAANENT INJUCTON 6 200) 22()63S0
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V RETU OF MAL
IT IS FUTHER ORDERED tht
The Commssion shall retu or arange to have retwed to consrs all
unased checks an other negotiable mshenm in the Conussion s possession that were sent
to defedat Amercan Business Solutions in response to defendats telemarketng of their
business directory andor listing in th dirry to US resdents including all such mail
deliverd to a U S Post Offce or private mail addrssbox The defendants shll foreit al rights an interests in any uncased check and
otber negotiable instrment sent to defenant Amercan Business Solutions~ in response to
defendants telemarketin of their busins dictry andor listing in the dictOl)ID U
residents
VI MONETARY JUDGNmNT
IT IS FUTHER ORDERED tht
Judgment in the amount of nine hl1dted eight thousand seven hunded ten dollars
($908 7 t 0) (US) is hereby entered against defendants for which thy arc jointly and severally
liable as resttution for consue( injl prQvided hQw that ths judgment shall be
suspended subject to the conditions sot forth in Section vn of ths Order and
AU funds paid pumuat to this Order shan be deposited into a fud adnister by the Coission or its agent to be used for equitale relief including but not limited to
conswner redss and any attendant expenses for the admistration of such equitale relief In
the event that direct reress to conswner is wholly or parially impracticable or fuds remain
afer redess is completed the Commission may apply any remaning fuds for such other
equitable relief (including consumer infonnation remedes) as it determines to be re850nably
related to the defendants practices alleged in the Complaint Any Cunds not us for such
equitable relief sha be deposited to the US Treury as disgorgent Defendats shall have
26 no right to chalenge the Commission s choice of remedies under this Section Defendants shl 27 have no right to contest the manner of distrbution chose by the Commission No portion of any
PEDBRAL TRDE COMMISSION 91 cQnd Ave Suo 2896 Settle Washingtn 98114
sm PERNE INJUCTON 206) 220JO
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 8 of 16Case 205-ov-00265- TSZ Document 65 02082006 Page 8 of 16Filed
1 payments under the judgment sban be deemed a payment of any fine penalty or puntive
assessment Defendants agree that the facts as alleged in the Complait filed in ths action shan
be taen as tre for puroses of any subsequent proedngs to enorce payments required by this
4 Section
VII RIGHT TO REOPEN AND TERMATE SUSPENSION
IT IS FURTHER ORDERED that by a cing to th Order defendants reff and
attest to th trthfuness accuracy and completeness of the financial disclosur for C finacial
statements j execute on Mar 31 2005 provided to the Commssion Plaitiffs agrent 9 this Order is expressJy prmised upon the tmthfulness accuray an compJeteness of 10 defendats fiancial condition as repreated in the finacial staements refereced above
which cont materal infonnation upon which plaintiff relied in negotiating and agreeing to the
ters of ths Orer If upon motion by the Commission this Cour fmds that any defendat
failed 10 disclos any materal8Ssct materally misreprested the value of any asset or made
14 any other materia) misrepresentation in or omission ampom the fianciaJ statements the Cour shall
enter judgment agast the offendig defenant in favor of the Commission in the amount of
16 nine hundr eight thousan seven hundred ten dollars ($908710) (US) and the entie amount
shall huwrme imediately due and payable provided that in all other repets) this
Orer shll remai in full forc and effect unJess otherwise orded by the Cour and pr01ided
19 ftrther that proceedn s instituted under thi Section ar in addition 10 an not in lieu of any
20 other civil or crimi remedies as may be provided by law includng any other proeegs the
Commission may initiate to enorce this Orer
VIII DISSOLUTION OF ASSET FREZE23 IT IS FURTHER ORDERED that the freeze against defendats assets pursuant to
24 Secti n n of the Prelimina uyuncton entered by thi5 Cour on April 27 200S shall be lied ZS upon entt of this Order
FEDERAl TRADE COMMJEION 915 Second Ave Suo 2896
Se1l1e Washil1gt()98174ST PERMANE INJUCTION 8 (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 9 of 16Case 205-cv-00265- TSZ Document 65 Filed 02082006 Page 9 of 16
IX COMPLIACE REPORTING BY DEFENDANS
lT IS FURTHER ORDERED that in order that compliane with the provisions of ths
Orer may be monitored
For a perod of fie (5) yem frm the date of entry of ths Orer eah defendan
shall notifY the Commission ofthc following
Any changes in residence maling adeases and telephone numbe of
the dcfendant within te (10) days of the date of such change
Any changes in employment stas (inluding self-emlo)lent) ofthc
defendant and any change in the ownership of the defendant in any business entity
within ten (10) days of the date of such change Such notice sha include the name and
addrss of each business that tbe defendat is afliated with employe by creates or
fonns orperonns servces for a sttement of the natue of the busines and a staent of the defenans duties and responsibilities in coection with the business or
empIO)ent
Any chanes in the defendant nae or use of any aliases or fictitious
names and
Any chanes in the corprate structure of any business entity that
defendant directly or indiretly cotrols or has an ownership interest in that may affect
copliance obligations arsing under ths Order includng but not limited to a
dissolution asignent sale merer or other action that would relt in the emergence of
a succesor entity the creation or disolution of a subsidiar part 01 afliate that
engages in any acts or practices snbject to thi Order the fiing of a banptcy petition
or a change in the corporate nae an address at leas th (30) days prior to such
change provided tht with respect to any proposed change in the corporation abut which the defendant leas IB$$ than Lhirt (30) days prior to tbe date such action is to
tae place defendant shalt notify tho Commission as soon 88 practicable after obtajning
sutih knowledge
FEDERAL TRE COMMISSION )lS Second Ave Suo 2896 ampattc WlUhingtlm 98 t 74
STI PERMANEN INJUCTON - 9 (20 ) 22D-6)5(
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One hundrd eighty (180) days afer the date of entry of ths Orer each defendt
shall provide a wrtten reor to the FTC sworn to 11er penty of peury settg fort in detail
the maer and fonn in which they have complied and arc complyig with ths Orer Ts
report shall includc but not be limited to
The thcn-cwent resdence addrss mailng addresses an telephone
number of the defendant
The then-curent emloyment and business addresses and telephone
number of the defendant a description of the business activities of each such employer
or buines and the title and resonsibilties of the defendat for eah such employer or
business
A copy of each acknowledgment of receipt of ths Orer obtaed pmsuant
to Section XI of this Orer and
Any other chaes reuird to be rerted under Section IXA of ths
Order
For the purposes ofthis Order defenants shal uness otherse diected by the
CoisAion s authorized reresetatives majl aU wrtten notifications to the CQmmssion to
Associate Director of Enforcement Federal Trade Commission 601 New Jersey Ave N
Washion DC 20001 Re FT v American Business SolutiolL C05-0265 TSZ
FQr pU1oses of the rompliance reorting and monitoring reuired by th Order
the Commission is authorized to communicate directly with defendants
X COMPLlACE MONITORIG
IT IS FUTHER ORDERED that for the purpose of monitorig and investigatng
compliace with any provision of ths Orer
Within ten (10) days ofrcceipt of wrtten Ilotice from a representave of the
26 Commission each defendant shan submit aditional wrtten report sworn to under penalty of
27 perjury produce documents for inspection and copying appem- for deposjtQIJ andor provide
entr durng normal bl)sines$ hOUTS to any US bus-iness lQcation in such defendat s possess-ion
FEDERAL TRADE OOMMJ$$10N915 Second Ave- SI) 28
Btllc Wasllington 98174STI PERMNT INJUCTION T 10 (206) 220-350
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Document 668 Document 55 Wif6 Ffj~ftJ Wf
or djr or indirect control to inspect th business operation
In addition the Commssion is authorized to monitor compliance with ths Orer
by all other lawfl mea including but not limted to the foUowing
t Obtaining discovery from any perso without furter leave of cour using
the procedures prescrbed by Fed R Cjy P 30 31 33 34 36 and 45 and
Posing as ooSumer and supplier to defendats defendants employe
or any other entity managed or controlled in whole or in par by defendants without the
necessity of identification or prior notice
Defendants shan pennit representives of the Commission to interew any
10 employer consultat independent oontrllctr represetative agent or emloyee who has agred
to such an interew relating in any way to any conduct subject to tIis Order Th peron
interviewed may have counsl prsent
Pruvided howevr tht nothing in ths Orer sh limit the Comssion lawf use
compulsty pross purua to S tion 9 an 20 of the FTC Act 15 D C 49 and 57b-J
to obtai any documentar material tangible things testony or information relevant to unfair
or deceptive acts 01 practices in or affectig commere (with the meag of 15
45(a)(1))
XI RECORD KEEPING
IT IS FUTHER ORDER that for a peod of eight (8) yea frm the date of entr
of th Orer defendants in connection with any business wher (1) either defendant is the
majority owner or directly or indirtly manages or controls the business and (2) the business is
engaged in telemketing to US residents or in asstng others engaged in said business ar
hereby restrained and enjoined frm faiing to create and retai the following records
Accounting records that reflect the co of goods or services sold revenues
genered and the disburment of such revenu
Personnel reds accurately reflecting the nae addres and telephone nwnber
of each pern employe in any capacity by such business including as an independent
contrctor that person s job title or position the date upon which the person commened work
FEEv TRAE COMMJ$$ION Jld AIe Suo 1896
SeanJeo Wa hin an 98174 STIP PERMNT INJUCTION - (206) 220-350
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Case 205-cv-00265- TSZ Document 66 02092006Case 205-cv-00265- T$Z Document 65 02082006fl e
and the date and re for the peron terintio if applicable
C Cutomer files contaig the naes addresse telephone number dollar
amounts paid quantity of item or serices plIhased and descrption of items or servces
purased to the exent such inonnation is obtained in the ordinar coure of busness
D ComplaitS an refud requests (whether reeived directly indiectly or though
any thd par) and any resonses to those complaints or reuests
E Copies of all sales scrits trainig materials advertsements or other maketing
mateals and
AU records an documents necessar to demonstrte ful compliance with eah
10 provision of this Order inoluding but not limited to copies ofacknowledgments of reeipt oftbs
Order reired by Section Xl of this Order and all reports submitted to the FTC pursuant to
Section X oftbis Order
XU DISTRIBUTON OF ORDER BY DEFENDANS
IT IS FURTHER ORDERED tht for a perod offiVe (5) yea nom the date of entr
of ths Ord defendants sha deliver copies of this Order as dircted below
For any business that defendant Kelly Nguye Or Mi Tam Vo contrls directly
or indirectly or in wJch either has a majority ownership interest said defendat must deliver a
copy of this Order to all principals) officer directors and managers ofthat business Said
fendat must also deliver copies of ths Order to all employees agents and reresentatives
20 tht business who engage in cOtdud related to the subject matter altbis Order FQr curt perlUel deliver shaU be within five (5) days of seice of this Order upo defendant For new
22 pesonnl) delivery ampbU Qccur prior to them assuming their responsibilties
For any business wher defendant Kelly Nguen or Minh Tam V 0 is not a
contrllng person of Ii business but otherise enes ir conduct related to the subject matt of
this Order said defendt must deliver a copy of this Order to al principals and magers of
fore engang in such conduct and
Defendants must secure a signed and date statement acknowledging reeipt of
this Orer withn thrty (30) days of delivel) from all persons receiving a copy of the Orer
such business
FEDERL TRDt (OMMISJON91S SCId AiC SII 2896
Sctt WMninglon 98174 STP PERMNENT INJUNCTION - (206) 220-6350
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pursuat to ths Secon
Xlll ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANS
IT IS FUTHER ORDERED that ea defendat with five (5) businss days of
reipt of this Order as entered by the Cour must submi110 the Common a trthl sworn
statement acknowledgi rept of this Order
XIV COOPERATION WITH FlC COUNSEL
IT IS FUTHER ORDERED tht defendants shall I in contion wi ths action or
any ubseuent investigations related to Dr associated with the tnsactions or the oecences
that ar the subject of the FTC s Comphrlnt coperate in good faith with the FTC and appear or
10 cause their offcers employees repsentatives or agents to appea at 8lch place and times
the FTC shall reasably request af wrtten notice for intervi confrenes pretral
discovery revicw of documents and for such other matters as may be renably reuire by the
FTC If requested in wrti by the FrC defenants shal appea or CHUse their offce 14 employees reresentaives or agents to appea and provide tmthful testimony in any tral 15 deposition or other proceeding related 10 or associated with the trsactions or the occurrences
16 that are the subject of the Complant without the servce of a subpoen
xv INDEPENDENCE OF OBLIGATIONS
IT IS FUTHER ORDERED that the provisions of this Order are separte and
19 severble from one another If any provision exires is stayed or is detined to be invalid the
20 reai prvisions shal remain in full forcc and effect
XVI RETENTION OF JUSDICTION
IT IS FURTHER ORDERED tht ths Cour shall reai jursdiction ofthis maer for
purses of constrction modification and enforcement oethis Oner
rofiVER TRADE COMMISSION915 Second Ave Suo Zg96 SeaLtJ WBlhinf9D 1)$114
STIP- pERANENT INflCIIQN 13 (106) 210-3
Case 2 05-cv-00265- TSZ Document 66 Filed 02092006 Page 14 of 16Case 205-v-Q0265- TSZ Document 65 Filed 02082006 Page of 1614
SO ORDERE this 2006
UNED STATES DISTRICT JUGE
Attrney for Plaintiff13 Federal Trade Commission
peJ)8RAL TRADE COMMISSION 91S Su 2S Seatte Wasbingto 98174
STIr PERMNEN INJUClON J4 (206) 220-635Q
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r-----shy
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 15 of 16Case 205-cv-00265- TSZ Document 65 021082006 Page 15 of 16Filed
KEL ndiVidUaIlY 1260 Cragfower Road Victoria British Columbia Canda
4 -250-380-3898
ProSe
MIN TAM vu WOlVld aUy
1260 Craigflower Road Victoria British Columbia Cada 250-380-3898
Pro Se
fIUF-RAt TRAECOMMIS$JON IS Se=n Ave Suo 28
It1 WhinglDn 98114STlP- PERMANENT INJUNCTION - 15 (206) 120-650
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion
~~~ ~~~~~
Document 66shy1f Document 65 I(lre WifOWl cgf 1amp
Injunctie and Otr Equitable Relief including consumer reess alleging th defendats
9125-8954 Quebec In d a Global Mangemen Solutions 9125-8947 Quebec Inc db
Commute Marketing 6050808 Canada Inc d a America Busess Solutions Ty NguYet
4 a a Hiep Ma1 Nguyen Cory Kome1son B)Tn Sleczko lCeUy Nguyen aa Phu Minh Huy
Ngayen an Minh Tam V 0 enaged ui decetive ac1s and pnltice in connection with
telemarketing business dictories anor listigs in business directories to US consumers in
45(a) The Commission later filed an
Amende Complaint adding Phong An Yo as a defendant
The Commission and defendants Kelly Nguyen aka Phu Minh Huy Nguye and
Tam V 0 (hereinafer rcrerted to collectively as defendt8 have consented to the entr of ths
Stipulated Fma Judgment and Order for Peranent Iunction (Oer ) which res1ves aU
matter and claim in dispute betwee them arsing ftm the Complaint up to th date of entr of
this Or on the following tens and conditions withut a tral or adjudication of any issue of
law or fact
NOW T1fFORE the Commission an defendants having reuested the Cour to
enter this Order it is ORDERED ADJUDGED AN DECREED as foHows
FINDINGS
This is an action by the Commission institaed under SectiQn 13(b) ()fthe FTC
violation ofSectioD Sea) of the FTC Act IS C
19 Act 15 U 53(b) Pursuant to ths section the Commi$sionbas the authority to sek theC
20 relief contained her The Commission s Complaint states a claim upon which relief may be granted
agast defendants under Sections 5(a) and 13(b) of the Federl Trae Commision Act
C U 45(a) and 53(b)
24 C This Cowt bas jurdiction over the subject macr of this case and all pares
hereto Venue in lle West Distct ofWasmngton at Seattle is prpe The alleged activities of defendants ar in or affecting commerce as defmed in
Section 4 of the FfC Act 15 44C
FEDERAL TRDE COMMISSION 915 d A Suo 2gr
tllc Wubi 98174 STl rERANENf INJUCTION - 2 (206) 22OJ
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 3 of 16Case 205-cv-00265-TSZ Document 65 021082006 Page 3 of 16Filed
The pares shalt each bear their own cots and atorney s fees incurd in this
action and have waived all claims under the Equal Access to Justice Act 28 U$C 9 2412
amended by Pub L 104-121t 110 Stat 847 863-64 (1996) and all rights to seek judicial review
or otheIWise to challenge the validity of this Orer
F This Orer does not constitute an shl not be interpreted to consitute either an
admssion by defendants or a finding by the Court tht defendants hae engaged in any violations
of Section 5(a) of the FTC Act 15 USC f 45(a) or any other law orreglation
Entr oftbjs Order is in the public interest
DEFINITIONS
For puroses of this OIder the following defitions shal aply
Asset mea any lega or equitable intest in right to or clai to any rel and
peronal propert includig but not limited to chattels goods instrents equipment
geerl intangibles effects leaolds mal or other deliveries inventory checks notes
accounts crdits receivables funds monies and an cash wherever located
AssJl)tlng mean provifng substantial assistance or suort to any person For
16 puroses oftbs Order providi substantial assistance or support includes but is not lited to
17 (a) prearng priting or trsmittin invoices (b) recording or verifying sales solicitations
(c) perfonning customer serice fuctions including but not limited to receiving or responding
to consuer complats obtnig or receiving identifyng and fiuancial infonation frm 20 consumers and communcating with cosumer on behalf of the seller or telemarketer
(d) developing providing Ot an-nging for the developmen1 or provision of sales scripts or any
other marketing material (t1) verfying proessinamp fulfillig or amging fur the fulfillment of
order (f) developinamp providing or arBlgig for the provision of naes of potentia customer
24 (g) collecting or argig for the collection of accoWtts receivable or other amounts Qwed
(h) prviding or aranging for the provision of post offce boxes or the serces of commeria1
26 mail receiving agencies or (i) perfunng or providig marketing services of any kind
Corporate defendant meas 6050808 Canda Inc d a American Business
PfPERL TRDE COMMISSION 915 Sed Ave Su 2896 Seattle Wasmngton 93174STIP PERMNl lNJUNCTON - 3 (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 - Page 4 of 16Case 205-cv-00265-TSZ Document 65 Filed 02082006 Page 4 of 16
Solutions
Customer me any person who has paid or may be reuire to pay for goods
or serices offere for sale or sold by the corporate defendat
E Defendats means Keny Nguye aka Phu Mi Huy Nguye an Ivinh Tam
Vo
Doument is synonymous in meang an eq in scope to the usage of the
teIm in FederaJ Rule ofCiviI Prure 34(a) an includes wrtings drwings grhs chart
photogrhs audio fId video recordgs computer records ard other data compilations tram
which information can be obtaned and trnslated if necessar through dettion devices into
reasonaly usable form A draf or non-identical copy is a separte document withn the meag of the ter
Materal mean likely to afect a person s choice of or conduct regaing
goods or serces
Pern means any na peron an any organaton or other leg entity
including a corporation parersip sale prorietorsp limited liabilty company association
coopertive governent agency or any other grup or combination acting as an entity
Telemarketing mea any business acvity (including but not limited to
intiating Of receiving telephone cals mag other who initia or receive telephone calls
operatg an enterrise that initiates or receives telephone calls owning an entere that
intiates or receives telephone cals or otherwise paricipating as an officer) director employee or
independent contractor in an enterrise tht intiates or receives telephone calls) tht involves
atmpts to induc consumer to purbase any item goo ice membeship parership
inteest trst interet or other beeficial interest or to enter a contest for a prie by means of
telephone sales presentations either exclusively or in conjunction with the use of other fonn of
tha the ter telemaeting shall not include tranactions tht
ar not completed until afer a face-to-face contact between the seHer or solicitor and the
consumer solicited
marketig Provided however
FEDERAL ID COMMISSION 015 Sed Avt Suo 2896 Stltre WlIbintJn 814
STIP PERANENT INJUNCTION - 4 (206) 220-6350
Case 205-cv-00265-TSZ Document 66 Filed 02092006 Page 5 of 16Case 205-cv-00265- TSZ Document 65 Filed 02082006 Page 5 of 16
ORDER
I BAN ON CERTAIN ACTIVTIS
IT IS THEREFORE ORDERED that defenant Kelly Nguyen is hereby penanently
restraied and enjoined frm engaging parcipati or assisting others in the adversing
promotig telemketing offerng for sale sellig or distrbuti of business dictories andor
listings in business directories to US residets
II PROmOITD BUSINES ACTIVIES
IT IS FURTHER ORDERED tht defendats their succesors and assign~ an thr
offcers agents diretors servans employees and atorn an tho8e perns in active conc lO or pareipation with them who reive acua notice oftbs Orer by peonal seice or
otherwise whether acting directly or thugh any penon tr corporation subsidiar division 12 or other device or any of them in connection with the adverising promotig telemareting
13 offeri for sale sellig or distrbuting of any good or selVice to us residets are herby
14 peranently restrined and enjoined from
Misrepresenting expressly or by implication
Tht cosumers have previously authoried the purhase of a good or
serIce
Th consumers have agred to p11hase a good or service
Tht consumers have a tral period durng which they can review a good or
serice without inumng financial obligation
Tht consumers owe money for a good or serce
Any materal fact regaing a go or serce and
Any materal fact regaring the ters conditions and limtations of any
refund or guartee policy
Failing to disclose in outbound telemarketng caJIs to consumers promptly and in
26 a clea IUd conspicuous manner (1) the identity of the seller (2) that the purose of th call is to
27 sell goods or serces an (3) thenture of the goods or servces
fEDERAL TRADE COMMSSION 915 Smom A Suo 2a96
Seallk Wuhingln 98174 STIP PERMANE INJUCTON C06) 221)6351
~~~
Bgg S3 s 9 WRf1ro cr
Failing to dilose in outbound telemarketng calls to conser in a clear
conspicuous maner aU material terI conditions an liitations of any refund or gutee policy or any policy of non-refndabilty
Violating the Telemketng Sales Rule 16 CPR Par 310 including any
amendmens thereto and
Assistig other who violate any provision of Section n of ths Order
il PROffBITED DISCLOSUR OF CUSTOMER INFORMATION
IT IS FURTHER ORDERED th defendats thei successors an assign and their
offcer agents diors sean emplo and attomeys and those persons in acthe concert
10 or pacipation with them who receive actual notice of this Order by personal sece or
otherse whether acti directly or through any person tmst OOIprato subsidiar division
12 or other device or any ()fthem are hereby peranently retrned and enjoined frm selling
reting leasing trfenng or othetWise disclosin the nam addrss telephone nwnber
14 Social Secuty nmnbe credt car numbe bank account number e-ma address or other
identifyg information of any peron who paid any money to either defendant or the corprat
defent at any time prior to entr oftbis Order for My business dirctory andor any listing in
17 bU5iness ditory PIQvided howevr that defendants may disclose such identifYng
infonaton to a law enforcement agency or as reuid by any law regulation or cour order
IV CEASING COLLECTION ON CCOUNTS
IT IS FURTHER ORDERED tht defendants their successrs and assign and their
offce agents diectors seants employes and a(tomey~ and those persons in active concert
or parcipation with them who receve actu notice of ths Order by persona seroe or
otherse whether acting directly or thugh any peron ttt corporation subsidiar division
24 or other devic or any ofther ar hereby penanently restraied and enjoined ftm collectng
or atempting to collec payment for the Qorplate defendant $ business directory anor listig in
the diretoIY~ dirctly or thugh any third par on any account established pror to entr of this
Order
fEDERAL TRDE COMMISSION 91S Slood Suo 2896 silttlc Washington 98174
STIP lBAANENT INJUCTON 6 200) 22()63S0
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 7 of 16Case 205-cv-00265- TSZ Document 65 02082006 Page 7 of 16Filed
V RETU OF MAL
IT IS FUTHER ORDERED tht
The Commssion shall retu or arange to have retwed to consrs all
unased checks an other negotiable mshenm in the Conussion s possession that were sent
to defedat Amercan Business Solutions in response to defendats telemarketng of their
business directory andor listing in th dirry to US resdents including all such mail
deliverd to a U S Post Offce or private mail addrssbox The defendants shll foreit al rights an interests in any uncased check and
otber negotiable instrment sent to defenant Amercan Business Solutions~ in response to
defendants telemarketin of their busins dictry andor listing in the dictOl)ID U
residents
VI MONETARY JUDGNmNT
IT IS FUTHER ORDERED tht
Judgment in the amount of nine hl1dted eight thousand seven hunded ten dollars
($908 7 t 0) (US) is hereby entered against defendants for which thy arc jointly and severally
liable as resttution for consue( injl prQvided hQw that ths judgment shall be
suspended subject to the conditions sot forth in Section vn of ths Order and
AU funds paid pumuat to this Order shan be deposited into a fud adnister by the Coission or its agent to be used for equitale relief including but not limited to
conswner redss and any attendant expenses for the admistration of such equitale relief In
the event that direct reress to conswner is wholly or parially impracticable or fuds remain
afer redess is completed the Commission may apply any remaning fuds for such other
equitable relief (including consumer infonnation remedes) as it determines to be re850nably
related to the defendants practices alleged in the Complaint Any Cunds not us for such
equitable relief sha be deposited to the US Treury as disgorgent Defendats shall have
26 no right to chalenge the Commission s choice of remedies under this Section Defendants shl 27 have no right to contest the manner of distrbution chose by the Commission No portion of any
PEDBRAL TRDE COMMISSION 91 cQnd Ave Suo 2896 Settle Washingtn 98114
sm PERNE INJUCTON 206) 220JO
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 8 of 16Case 205-ov-00265- TSZ Document 65 02082006 Page 8 of 16Filed
1 payments under the judgment sban be deemed a payment of any fine penalty or puntive
assessment Defendants agree that the facts as alleged in the Complait filed in ths action shan
be taen as tre for puroses of any subsequent proedngs to enorce payments required by this
4 Section
VII RIGHT TO REOPEN AND TERMATE SUSPENSION
IT IS FURTHER ORDERED that by a cing to th Order defendants reff and
attest to th trthfuness accuracy and completeness of the financial disclosur for C finacial
statements j execute on Mar 31 2005 provided to the Commssion Plaitiffs agrent 9 this Order is expressJy prmised upon the tmthfulness accuray an compJeteness of 10 defendats fiancial condition as repreated in the finacial staements refereced above
which cont materal infonnation upon which plaintiff relied in negotiating and agreeing to the
ters of ths Orer If upon motion by the Commission this Cour fmds that any defendat
failed 10 disclos any materal8Ssct materally misreprested the value of any asset or made
14 any other materia) misrepresentation in or omission ampom the fianciaJ statements the Cour shall
enter judgment agast the offendig defenant in favor of the Commission in the amount of
16 nine hundr eight thousan seven hundred ten dollars ($908710) (US) and the entie amount
shall huwrme imediately due and payable provided that in all other repets) this
Orer shll remai in full forc and effect unJess otherwise orded by the Cour and pr01ided
19 ftrther that proceedn s instituted under thi Section ar in addition 10 an not in lieu of any
20 other civil or crimi remedies as may be provided by law includng any other proeegs the
Commission may initiate to enorce this Orer
VIII DISSOLUTION OF ASSET FREZE23 IT IS FURTHER ORDERED that the freeze against defendats assets pursuant to
24 Secti n n of the Prelimina uyuncton entered by thi5 Cour on April 27 200S shall be lied ZS upon entt of this Order
FEDERAl TRADE COMMJEION 915 Second Ave Suo 2896
Se1l1e Washil1gt()98174ST PERMANE INJUCTION 8 (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 9 of 16Case 205-cv-00265- TSZ Document 65 Filed 02082006 Page 9 of 16
IX COMPLIACE REPORTING BY DEFENDANS
lT IS FURTHER ORDERED that in order that compliane with the provisions of ths
Orer may be monitored
For a perod of fie (5) yem frm the date of entry of ths Orer eah defendan
shall notifY the Commission ofthc following
Any changes in residence maling adeases and telephone numbe of
the dcfendant within te (10) days of the date of such change
Any changes in employment stas (inluding self-emlo)lent) ofthc
defendant and any change in the ownership of the defendant in any business entity
within ten (10) days of the date of such change Such notice sha include the name and
addrss of each business that tbe defendat is afliated with employe by creates or
fonns orperonns servces for a sttement of the natue of the busines and a staent of the defenans duties and responsibilities in coection with the business or
empIO)ent
Any chanes in the defendant nae or use of any aliases or fictitious
names and
Any chanes in the corprate structure of any business entity that
defendant directly or indiretly cotrols or has an ownership interest in that may affect
copliance obligations arsing under ths Order includng but not limited to a
dissolution asignent sale merer or other action that would relt in the emergence of
a succesor entity the creation or disolution of a subsidiar part 01 afliate that
engages in any acts or practices snbject to thi Order the fiing of a banptcy petition
or a change in the corporate nae an address at leas th (30) days prior to such
change provided tht with respect to any proposed change in the corporation abut which the defendant leas IB$$ than Lhirt (30) days prior to tbe date such action is to
tae place defendant shalt notify tho Commission as soon 88 practicable after obtajning
sutih knowledge
FEDERAL TRE COMMISSION )lS Second Ave Suo 2896 ampattc WlUhingtlm 98 t 74
STI PERMANEN INJUCTON - 9 (20 ) 22D-6)5(
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 10 of 16Case 205-cv-00265-TSZ Document 65 Filed 02082006 Page 10 of 16
One hundrd eighty (180) days afer the date of entry of ths Orer each defendt
shall provide a wrtten reor to the FTC sworn to 11er penty of peury settg fort in detail
the maer and fonn in which they have complied and arc complyig with ths Orer Ts
report shall includc but not be limited to
The thcn-cwent resdence addrss mailng addresses an telephone
number of the defendant
The then-curent emloyment and business addresses and telephone
number of the defendant a description of the business activities of each such employer
or buines and the title and resonsibilties of the defendat for eah such employer or
business
A copy of each acknowledgment of receipt of ths Orer obtaed pmsuant
to Section XI of this Orer and
Any other chaes reuird to be rerted under Section IXA of ths
Order
For the purposes ofthis Order defenants shal uness otherse diected by the
CoisAion s authorized reresetatives majl aU wrtten notifications to the CQmmssion to
Associate Director of Enforcement Federal Trade Commission 601 New Jersey Ave N
Washion DC 20001 Re FT v American Business SolutiolL C05-0265 TSZ
FQr pU1oses of the rompliance reorting and monitoring reuired by th Order
the Commission is authorized to communicate directly with defendants
X COMPLlACE MONITORIG
IT IS FUTHER ORDERED that for the purpose of monitorig and investigatng
compliace with any provision of ths Orer
Within ten (10) days ofrcceipt of wrtten Ilotice from a representave of the
26 Commission each defendant shan submit aditional wrtten report sworn to under penalty of
27 perjury produce documents for inspection and copying appem- for deposjtQIJ andor provide
entr durng normal bl)sines$ hOUTS to any US bus-iness lQcation in such defendat s possess-ion
FEDERAL TRADE OOMMJ$$10N915 Second Ave- SI) 28
Btllc Wasllington 98174STI PERMNT INJUCTION T 10 (206) 220-350
~~~ ~~~~~~~
Document 668 Document 55 Wif6 Ffj~ftJ Wf
or djr or indirect control to inspect th business operation
In addition the Commssion is authorized to monitor compliance with ths Orer
by all other lawfl mea including but not limted to the foUowing
t Obtaining discovery from any perso without furter leave of cour using
the procedures prescrbed by Fed R Cjy P 30 31 33 34 36 and 45 and
Posing as ooSumer and supplier to defendats defendants employe
or any other entity managed or controlled in whole or in par by defendants without the
necessity of identification or prior notice
Defendants shan pennit representives of the Commission to interew any
10 employer consultat independent oontrllctr represetative agent or emloyee who has agred
to such an interew relating in any way to any conduct subject to tIis Order Th peron
interviewed may have counsl prsent
Pruvided howevr tht nothing in ths Orer sh limit the Comssion lawf use
compulsty pross purua to S tion 9 an 20 of the FTC Act 15 D C 49 and 57b-J
to obtai any documentar material tangible things testony or information relevant to unfair
or deceptive acts 01 practices in or affectig commere (with the meag of 15
45(a)(1))
XI RECORD KEEPING
IT IS FUTHER ORDER that for a peod of eight (8) yea frm the date of entr
of th Orer defendants in connection with any business wher (1) either defendant is the
majority owner or directly or indirtly manages or controls the business and (2) the business is
engaged in telemketing to US residents or in asstng others engaged in said business ar
hereby restrained and enjoined frm faiing to create and retai the following records
Accounting records that reflect the co of goods or services sold revenues
genered and the disburment of such revenu
Personnel reds accurately reflecting the nae addres and telephone nwnber
of each pern employe in any capacity by such business including as an independent
contrctor that person s job title or position the date upon which the person commened work
FEEv TRAE COMMJ$$ION Jld AIe Suo 1896
SeanJeo Wa hin an 98174 STIP PERMNT INJUCTION - (206) 220-350
~~~
Case 205-cv-00265- TSZ Document 66 02092006Case 205-cv-00265- T$Z Document 65 02082006fl e
and the date and re for the peron terintio if applicable
C Cutomer files contaig the naes addresse telephone number dollar
amounts paid quantity of item or serices plIhased and descrption of items or servces
purased to the exent such inonnation is obtained in the ordinar coure of busness
D ComplaitS an refud requests (whether reeived directly indiectly or though
any thd par) and any resonses to those complaints or reuests
E Copies of all sales scrits trainig materials advertsements or other maketing
mateals and
AU records an documents necessar to demonstrte ful compliance with eah
10 provision of this Order inoluding but not limited to copies ofacknowledgments of reeipt oftbs
Order reired by Section Xl of this Order and all reports submitted to the FTC pursuant to
Section X oftbis Order
XU DISTRIBUTON OF ORDER BY DEFENDANS
IT IS FURTHER ORDERED tht for a perod offiVe (5) yea nom the date of entr
of ths Ord defendants sha deliver copies of this Order as dircted below
For any business that defendant Kelly Nguye Or Mi Tam Vo contrls directly
or indirectly or in wJch either has a majority ownership interest said defendat must deliver a
copy of this Order to all principals) officer directors and managers ofthat business Said
fendat must also deliver copies of ths Order to all employees agents and reresentatives
20 tht business who engage in cOtdud related to the subject matter altbis Order FQr curt perlUel deliver shaU be within five (5) days of seice of this Order upo defendant For new
22 pesonnl) delivery ampbU Qccur prior to them assuming their responsibilties
For any business wher defendant Kelly Nguen or Minh Tam V 0 is not a
contrllng person of Ii business but otherise enes ir conduct related to the subject matt of
this Order said defendt must deliver a copy of this Order to al principals and magers of
fore engang in such conduct and
Defendants must secure a signed and date statement acknowledging reeipt of
this Orer withn thrty (30) days of delivel) from all persons receiving a copy of the Orer
such business
FEDERL TRDt (OMMISJON91S SCId AiC SII 2896
Sctt WMninglon 98174 STP PERMNENT INJUNCTION - (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 13 of 16Case 205-cv-00265 TSZ Document 65 Filed 02082006 Page 13 of 16
pursuat to ths Secon
Xlll ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANS
IT IS FUTHER ORDERED that ea defendat with five (5) businss days of
reipt of this Order as entered by the Cour must submi110 the Common a trthl sworn
statement acknowledgi rept of this Order
XIV COOPERATION WITH FlC COUNSEL
IT IS FUTHER ORDERED tht defendants shall I in contion wi ths action or
any ubseuent investigations related to Dr associated with the tnsactions or the oecences
that ar the subject of the FTC s Comphrlnt coperate in good faith with the FTC and appear or
10 cause their offcers employees repsentatives or agents to appea at 8lch place and times
the FTC shall reasably request af wrtten notice for intervi confrenes pretral
discovery revicw of documents and for such other matters as may be renably reuire by the
FTC If requested in wrti by the FrC defenants shal appea or CHUse their offce 14 employees reresentaives or agents to appea and provide tmthful testimony in any tral 15 deposition or other proceeding related 10 or associated with the trsactions or the occurrences
16 that are the subject of the Complant without the servce of a subpoen
xv INDEPENDENCE OF OBLIGATIONS
IT IS FUTHER ORDERED that the provisions of this Order are separte and
19 severble from one another If any provision exires is stayed or is detined to be invalid the
20 reai prvisions shal remain in full forcc and effect
XVI RETENTION OF JUSDICTION
IT IS FURTHER ORDERED tht ths Cour shall reai jursdiction ofthis maer for
purses of constrction modification and enforcement oethis Oner
rofiVER TRADE COMMISSION915 Second Ave Suo Zg96 SeaLtJ WBlhinf9D 1)$114
STIP- pERANENT INflCIIQN 13 (106) 210-3
Case 2 05-cv-00265- TSZ Document 66 Filed 02092006 Page 14 of 16Case 205-v-Q0265- TSZ Document 65 Filed 02082006 Page of 1614
SO ORDERE this 2006
UNED STATES DISTRICT JUGE
Attrney for Plaintiff13 Federal Trade Commission
peJ)8RAL TRADE COMMISSION 91S Su 2S Seatte Wasbingto 98174
STIr PERMNEN INJUClON J4 (206) 220-635Q
--
r-----shy
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 15 of 16Case 205-cv-00265- TSZ Document 65 021082006 Page 15 of 16Filed
KEL ndiVidUaIlY 1260 Cragfower Road Victoria British Columbia Canda
4 -250-380-3898
ProSe
MIN TAM vu WOlVld aUy
1260 Craigflower Road Victoria British Columbia Cada 250-380-3898
Pro Se
fIUF-RAt TRAECOMMIS$JON IS Se=n Ave Suo 28
It1 WhinglDn 98114STlP- PERMANENT INJUNCTION - 15 (206) 120-650
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 3 of 16Case 205-cv-00265-TSZ Document 65 021082006 Page 3 of 16Filed
The pares shalt each bear their own cots and atorney s fees incurd in this
action and have waived all claims under the Equal Access to Justice Act 28 U$C 9 2412
amended by Pub L 104-121t 110 Stat 847 863-64 (1996) and all rights to seek judicial review
or otheIWise to challenge the validity of this Orer
F This Orer does not constitute an shl not be interpreted to consitute either an
admssion by defendants or a finding by the Court tht defendants hae engaged in any violations
of Section 5(a) of the FTC Act 15 USC f 45(a) or any other law orreglation
Entr oftbjs Order is in the public interest
DEFINITIONS
For puroses of this OIder the following defitions shal aply
Asset mea any lega or equitable intest in right to or clai to any rel and
peronal propert includig but not limited to chattels goods instrents equipment
geerl intangibles effects leaolds mal or other deliveries inventory checks notes
accounts crdits receivables funds monies and an cash wherever located
AssJl)tlng mean provifng substantial assistance or suort to any person For
16 puroses oftbs Order providi substantial assistance or support includes but is not lited to
17 (a) prearng priting or trsmittin invoices (b) recording or verifying sales solicitations
(c) perfonning customer serice fuctions including but not limited to receiving or responding
to consuer complats obtnig or receiving identifyng and fiuancial infonation frm 20 consumers and communcating with cosumer on behalf of the seller or telemarketer
(d) developing providing Ot an-nging for the developmen1 or provision of sales scripts or any
other marketing material (t1) verfying proessinamp fulfillig or amging fur the fulfillment of
order (f) developinamp providing or arBlgig for the provision of naes of potentia customer
24 (g) collecting or argig for the collection of accoWtts receivable or other amounts Qwed
(h) prviding or aranging for the provision of post offce boxes or the serces of commeria1
26 mail receiving agencies or (i) perfunng or providig marketing services of any kind
Corporate defendant meas 6050808 Canda Inc d a American Business
PfPERL TRDE COMMISSION 915 Sed Ave Su 2896 Seattle Wasmngton 93174STIP PERMNl lNJUNCTON - 3 (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 - Page 4 of 16Case 205-cv-00265-TSZ Document 65 Filed 02082006 Page 4 of 16
Solutions
Customer me any person who has paid or may be reuire to pay for goods
or serices offere for sale or sold by the corporate defendat
E Defendats means Keny Nguye aka Phu Mi Huy Nguye an Ivinh Tam
Vo
Doument is synonymous in meang an eq in scope to the usage of the
teIm in FederaJ Rule ofCiviI Prure 34(a) an includes wrtings drwings grhs chart
photogrhs audio fId video recordgs computer records ard other data compilations tram
which information can be obtaned and trnslated if necessar through dettion devices into
reasonaly usable form A draf or non-identical copy is a separte document withn the meag of the ter
Materal mean likely to afect a person s choice of or conduct regaing
goods or serces
Pern means any na peron an any organaton or other leg entity
including a corporation parersip sale prorietorsp limited liabilty company association
coopertive governent agency or any other grup or combination acting as an entity
Telemarketing mea any business acvity (including but not limited to
intiating Of receiving telephone cals mag other who initia or receive telephone calls
operatg an enterrise that initiates or receives telephone calls owning an entere that
intiates or receives telephone cals or otherwise paricipating as an officer) director employee or
independent contractor in an enterrise tht intiates or receives telephone calls) tht involves
atmpts to induc consumer to purbase any item goo ice membeship parership
inteest trst interet or other beeficial interest or to enter a contest for a prie by means of
telephone sales presentations either exclusively or in conjunction with the use of other fonn of
tha the ter telemaeting shall not include tranactions tht
ar not completed until afer a face-to-face contact between the seHer or solicitor and the
consumer solicited
marketig Provided however
FEDERAL ID COMMISSION 015 Sed Avt Suo 2896 Stltre WlIbintJn 814
STIP PERANENT INJUNCTION - 4 (206) 220-6350
Case 205-cv-00265-TSZ Document 66 Filed 02092006 Page 5 of 16Case 205-cv-00265- TSZ Document 65 Filed 02082006 Page 5 of 16
ORDER
I BAN ON CERTAIN ACTIVTIS
IT IS THEREFORE ORDERED that defenant Kelly Nguyen is hereby penanently
restraied and enjoined frm engaging parcipati or assisting others in the adversing
promotig telemketing offerng for sale sellig or distrbuti of business dictories andor
listings in business directories to US residets
II PROmOITD BUSINES ACTIVIES
IT IS FURTHER ORDERED tht defendats their succesors and assign~ an thr
offcers agents diretors servans employees and atorn an tho8e perns in active conc lO or pareipation with them who reive acua notice oftbs Orer by peonal seice or
otherwise whether acting directly or thugh any penon tr corporation subsidiar division 12 or other device or any of them in connection with the adverising promotig telemareting
13 offeri for sale sellig or distrbuting of any good or selVice to us residets are herby
14 peranently restrined and enjoined from
Misrepresenting expressly or by implication
Tht cosumers have previously authoried the purhase of a good or
serIce
Th consumers have agred to p11hase a good or service
Tht consumers have a tral period durng which they can review a good or
serice without inumng financial obligation
Tht consumers owe money for a good or serce
Any materal fact regaing a go or serce and
Any materal fact regaring the ters conditions and limtations of any
refund or guartee policy
Failing to disclose in outbound telemarketng caJIs to consumers promptly and in
26 a clea IUd conspicuous manner (1) the identity of the seller (2) that the purose of th call is to
27 sell goods or serces an (3) thenture of the goods or servces
fEDERAL TRADE COMMSSION 915 Smom A Suo 2a96
Seallk Wuhingln 98174 STIP PERMANE INJUCTON C06) 221)6351
~~~
Bgg S3 s 9 WRf1ro cr
Failing to dilose in outbound telemarketng calls to conser in a clear
conspicuous maner aU material terI conditions an liitations of any refund or gutee policy or any policy of non-refndabilty
Violating the Telemketng Sales Rule 16 CPR Par 310 including any
amendmens thereto and
Assistig other who violate any provision of Section n of ths Order
il PROffBITED DISCLOSUR OF CUSTOMER INFORMATION
IT IS FURTHER ORDERED th defendats thei successors an assign and their
offcer agents diors sean emplo and attomeys and those persons in acthe concert
10 or pacipation with them who receive actual notice of this Order by personal sece or
otherse whether acti directly or through any person tmst OOIprato subsidiar division
12 or other device or any ()fthem are hereby peranently retrned and enjoined frm selling
reting leasing trfenng or othetWise disclosin the nam addrss telephone nwnber
14 Social Secuty nmnbe credt car numbe bank account number e-ma address or other
identifyg information of any peron who paid any money to either defendant or the corprat
defent at any time prior to entr oftbis Order for My business dirctory andor any listing in
17 bU5iness ditory PIQvided howevr that defendants may disclose such identifYng
infonaton to a law enforcement agency or as reuid by any law regulation or cour order
IV CEASING COLLECTION ON CCOUNTS
IT IS FURTHER ORDERED tht defendants their successrs and assign and their
offce agents diectors seants employes and a(tomey~ and those persons in active concert
or parcipation with them who receve actu notice of ths Order by persona seroe or
otherse whether acting directly or thugh any peron ttt corporation subsidiar division
24 or other devic or any ofther ar hereby penanently restraied and enjoined ftm collectng
or atempting to collec payment for the Qorplate defendant $ business directory anor listig in
the diretoIY~ dirctly or thugh any third par on any account established pror to entr of this
Order
fEDERAL TRDE COMMISSION 91S Slood Suo 2896 silttlc Washington 98174
STIP lBAANENT INJUCTON 6 200) 22()63S0
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 7 of 16Case 205-cv-00265- TSZ Document 65 02082006 Page 7 of 16Filed
V RETU OF MAL
IT IS FUTHER ORDERED tht
The Commssion shall retu or arange to have retwed to consrs all
unased checks an other negotiable mshenm in the Conussion s possession that were sent
to defedat Amercan Business Solutions in response to defendats telemarketng of their
business directory andor listing in th dirry to US resdents including all such mail
deliverd to a U S Post Offce or private mail addrssbox The defendants shll foreit al rights an interests in any uncased check and
otber negotiable instrment sent to defenant Amercan Business Solutions~ in response to
defendants telemarketin of their busins dictry andor listing in the dictOl)ID U
residents
VI MONETARY JUDGNmNT
IT IS FUTHER ORDERED tht
Judgment in the amount of nine hl1dted eight thousand seven hunded ten dollars
($908 7 t 0) (US) is hereby entered against defendants for which thy arc jointly and severally
liable as resttution for consue( injl prQvided hQw that ths judgment shall be
suspended subject to the conditions sot forth in Section vn of ths Order and
AU funds paid pumuat to this Order shan be deposited into a fud adnister by the Coission or its agent to be used for equitale relief including but not limited to
conswner redss and any attendant expenses for the admistration of such equitale relief In
the event that direct reress to conswner is wholly or parially impracticable or fuds remain
afer redess is completed the Commission may apply any remaning fuds for such other
equitable relief (including consumer infonnation remedes) as it determines to be re850nably
related to the defendants practices alleged in the Complaint Any Cunds not us for such
equitable relief sha be deposited to the US Treury as disgorgent Defendats shall have
26 no right to chalenge the Commission s choice of remedies under this Section Defendants shl 27 have no right to contest the manner of distrbution chose by the Commission No portion of any
PEDBRAL TRDE COMMISSION 91 cQnd Ave Suo 2896 Settle Washingtn 98114
sm PERNE INJUCTON 206) 220JO
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 8 of 16Case 205-ov-00265- TSZ Document 65 02082006 Page 8 of 16Filed
1 payments under the judgment sban be deemed a payment of any fine penalty or puntive
assessment Defendants agree that the facts as alleged in the Complait filed in ths action shan
be taen as tre for puroses of any subsequent proedngs to enorce payments required by this
4 Section
VII RIGHT TO REOPEN AND TERMATE SUSPENSION
IT IS FURTHER ORDERED that by a cing to th Order defendants reff and
attest to th trthfuness accuracy and completeness of the financial disclosur for C finacial
statements j execute on Mar 31 2005 provided to the Commssion Plaitiffs agrent 9 this Order is expressJy prmised upon the tmthfulness accuray an compJeteness of 10 defendats fiancial condition as repreated in the finacial staements refereced above
which cont materal infonnation upon which plaintiff relied in negotiating and agreeing to the
ters of ths Orer If upon motion by the Commission this Cour fmds that any defendat
failed 10 disclos any materal8Ssct materally misreprested the value of any asset or made
14 any other materia) misrepresentation in or omission ampom the fianciaJ statements the Cour shall
enter judgment agast the offendig defenant in favor of the Commission in the amount of
16 nine hundr eight thousan seven hundred ten dollars ($908710) (US) and the entie amount
shall huwrme imediately due and payable provided that in all other repets) this
Orer shll remai in full forc and effect unJess otherwise orded by the Cour and pr01ided
19 ftrther that proceedn s instituted under thi Section ar in addition 10 an not in lieu of any
20 other civil or crimi remedies as may be provided by law includng any other proeegs the
Commission may initiate to enorce this Orer
VIII DISSOLUTION OF ASSET FREZE23 IT IS FURTHER ORDERED that the freeze against defendats assets pursuant to
24 Secti n n of the Prelimina uyuncton entered by thi5 Cour on April 27 200S shall be lied ZS upon entt of this Order
FEDERAl TRADE COMMJEION 915 Second Ave Suo 2896
Se1l1e Washil1gt()98174ST PERMANE INJUCTION 8 (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 9 of 16Case 205-cv-00265- TSZ Document 65 Filed 02082006 Page 9 of 16
IX COMPLIACE REPORTING BY DEFENDANS
lT IS FURTHER ORDERED that in order that compliane with the provisions of ths
Orer may be monitored
For a perod of fie (5) yem frm the date of entry of ths Orer eah defendan
shall notifY the Commission ofthc following
Any changes in residence maling adeases and telephone numbe of
the dcfendant within te (10) days of the date of such change
Any changes in employment stas (inluding self-emlo)lent) ofthc
defendant and any change in the ownership of the defendant in any business entity
within ten (10) days of the date of such change Such notice sha include the name and
addrss of each business that tbe defendat is afliated with employe by creates or
fonns orperonns servces for a sttement of the natue of the busines and a staent of the defenans duties and responsibilities in coection with the business or
empIO)ent
Any chanes in the defendant nae or use of any aliases or fictitious
names and
Any chanes in the corprate structure of any business entity that
defendant directly or indiretly cotrols or has an ownership interest in that may affect
copliance obligations arsing under ths Order includng but not limited to a
dissolution asignent sale merer or other action that would relt in the emergence of
a succesor entity the creation or disolution of a subsidiar part 01 afliate that
engages in any acts or practices snbject to thi Order the fiing of a banptcy petition
or a change in the corporate nae an address at leas th (30) days prior to such
change provided tht with respect to any proposed change in the corporation abut which the defendant leas IB$$ than Lhirt (30) days prior to tbe date such action is to
tae place defendant shalt notify tho Commission as soon 88 practicable after obtajning
sutih knowledge
FEDERAL TRE COMMISSION )lS Second Ave Suo 2896 ampattc WlUhingtlm 98 t 74
STI PERMANEN INJUCTON - 9 (20 ) 22D-6)5(
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 10 of 16Case 205-cv-00265-TSZ Document 65 Filed 02082006 Page 10 of 16
One hundrd eighty (180) days afer the date of entry of ths Orer each defendt
shall provide a wrtten reor to the FTC sworn to 11er penty of peury settg fort in detail
the maer and fonn in which they have complied and arc complyig with ths Orer Ts
report shall includc but not be limited to
The thcn-cwent resdence addrss mailng addresses an telephone
number of the defendant
The then-curent emloyment and business addresses and telephone
number of the defendant a description of the business activities of each such employer
or buines and the title and resonsibilties of the defendat for eah such employer or
business
A copy of each acknowledgment of receipt of ths Orer obtaed pmsuant
to Section XI of this Orer and
Any other chaes reuird to be rerted under Section IXA of ths
Order
For the purposes ofthis Order defenants shal uness otherse diected by the
CoisAion s authorized reresetatives majl aU wrtten notifications to the CQmmssion to
Associate Director of Enforcement Federal Trade Commission 601 New Jersey Ave N
Washion DC 20001 Re FT v American Business SolutiolL C05-0265 TSZ
FQr pU1oses of the rompliance reorting and monitoring reuired by th Order
the Commission is authorized to communicate directly with defendants
X COMPLlACE MONITORIG
IT IS FUTHER ORDERED that for the purpose of monitorig and investigatng
compliace with any provision of ths Orer
Within ten (10) days ofrcceipt of wrtten Ilotice from a representave of the
26 Commission each defendant shan submit aditional wrtten report sworn to under penalty of
27 perjury produce documents for inspection and copying appem- for deposjtQIJ andor provide
entr durng normal bl)sines$ hOUTS to any US bus-iness lQcation in such defendat s possess-ion
FEDERAL TRADE OOMMJ$$10N915 Second Ave- SI) 28
Btllc Wasllington 98174STI PERMNT INJUCTION T 10 (206) 220-350
~~~ ~~~~~~~
Document 668 Document 55 Wif6 Ffj~ftJ Wf
or djr or indirect control to inspect th business operation
In addition the Commssion is authorized to monitor compliance with ths Orer
by all other lawfl mea including but not limted to the foUowing
t Obtaining discovery from any perso without furter leave of cour using
the procedures prescrbed by Fed R Cjy P 30 31 33 34 36 and 45 and
Posing as ooSumer and supplier to defendats defendants employe
or any other entity managed or controlled in whole or in par by defendants without the
necessity of identification or prior notice
Defendants shan pennit representives of the Commission to interew any
10 employer consultat independent oontrllctr represetative agent or emloyee who has agred
to such an interew relating in any way to any conduct subject to tIis Order Th peron
interviewed may have counsl prsent
Pruvided howevr tht nothing in ths Orer sh limit the Comssion lawf use
compulsty pross purua to S tion 9 an 20 of the FTC Act 15 D C 49 and 57b-J
to obtai any documentar material tangible things testony or information relevant to unfair
or deceptive acts 01 practices in or affectig commere (with the meag of 15
45(a)(1))
XI RECORD KEEPING
IT IS FUTHER ORDER that for a peod of eight (8) yea frm the date of entr
of th Orer defendants in connection with any business wher (1) either defendant is the
majority owner or directly or indirtly manages or controls the business and (2) the business is
engaged in telemketing to US residents or in asstng others engaged in said business ar
hereby restrained and enjoined frm faiing to create and retai the following records
Accounting records that reflect the co of goods or services sold revenues
genered and the disburment of such revenu
Personnel reds accurately reflecting the nae addres and telephone nwnber
of each pern employe in any capacity by such business including as an independent
contrctor that person s job title or position the date upon which the person commened work
FEEv TRAE COMMJ$$ION Jld AIe Suo 1896
SeanJeo Wa hin an 98174 STIP PERMNT INJUCTION - (206) 220-350
~~~
Case 205-cv-00265- TSZ Document 66 02092006Case 205-cv-00265- T$Z Document 65 02082006fl e
and the date and re for the peron terintio if applicable
C Cutomer files contaig the naes addresse telephone number dollar
amounts paid quantity of item or serices plIhased and descrption of items or servces
purased to the exent such inonnation is obtained in the ordinar coure of busness
D ComplaitS an refud requests (whether reeived directly indiectly or though
any thd par) and any resonses to those complaints or reuests
E Copies of all sales scrits trainig materials advertsements or other maketing
mateals and
AU records an documents necessar to demonstrte ful compliance with eah
10 provision of this Order inoluding but not limited to copies ofacknowledgments of reeipt oftbs
Order reired by Section Xl of this Order and all reports submitted to the FTC pursuant to
Section X oftbis Order
XU DISTRIBUTON OF ORDER BY DEFENDANS
IT IS FURTHER ORDERED tht for a perod offiVe (5) yea nom the date of entr
of ths Ord defendants sha deliver copies of this Order as dircted below
For any business that defendant Kelly Nguye Or Mi Tam Vo contrls directly
or indirectly or in wJch either has a majority ownership interest said defendat must deliver a
copy of this Order to all principals) officer directors and managers ofthat business Said
fendat must also deliver copies of ths Order to all employees agents and reresentatives
20 tht business who engage in cOtdud related to the subject matter altbis Order FQr curt perlUel deliver shaU be within five (5) days of seice of this Order upo defendant For new
22 pesonnl) delivery ampbU Qccur prior to them assuming their responsibilties
For any business wher defendant Kelly Nguen or Minh Tam V 0 is not a
contrllng person of Ii business but otherise enes ir conduct related to the subject matt of
this Order said defendt must deliver a copy of this Order to al principals and magers of
fore engang in such conduct and
Defendants must secure a signed and date statement acknowledging reeipt of
this Orer withn thrty (30) days of delivel) from all persons receiving a copy of the Orer
such business
FEDERL TRDt (OMMISJON91S SCId AiC SII 2896
Sctt WMninglon 98174 STP PERMNENT INJUNCTION - (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 13 of 16Case 205-cv-00265 TSZ Document 65 Filed 02082006 Page 13 of 16
pursuat to ths Secon
Xlll ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANS
IT IS FUTHER ORDERED that ea defendat with five (5) businss days of
reipt of this Order as entered by the Cour must submi110 the Common a trthl sworn
statement acknowledgi rept of this Order
XIV COOPERATION WITH FlC COUNSEL
IT IS FUTHER ORDERED tht defendants shall I in contion wi ths action or
any ubseuent investigations related to Dr associated with the tnsactions or the oecences
that ar the subject of the FTC s Comphrlnt coperate in good faith with the FTC and appear or
10 cause their offcers employees repsentatives or agents to appea at 8lch place and times
the FTC shall reasably request af wrtten notice for intervi confrenes pretral
discovery revicw of documents and for such other matters as may be renably reuire by the
FTC If requested in wrti by the FrC defenants shal appea or CHUse their offce 14 employees reresentaives or agents to appea and provide tmthful testimony in any tral 15 deposition or other proceeding related 10 or associated with the trsactions or the occurrences
16 that are the subject of the Complant without the servce of a subpoen
xv INDEPENDENCE OF OBLIGATIONS
IT IS FUTHER ORDERED that the provisions of this Order are separte and
19 severble from one another If any provision exires is stayed or is detined to be invalid the
20 reai prvisions shal remain in full forcc and effect
XVI RETENTION OF JUSDICTION
IT IS FURTHER ORDERED tht ths Cour shall reai jursdiction ofthis maer for
purses of constrction modification and enforcement oethis Oner
rofiVER TRADE COMMISSION915 Second Ave Suo Zg96 SeaLtJ WBlhinf9D 1)$114
STIP- pERANENT INflCIIQN 13 (106) 210-3
Case 2 05-cv-00265- TSZ Document 66 Filed 02092006 Page 14 of 16Case 205-v-Q0265- TSZ Document 65 Filed 02082006 Page of 1614
SO ORDERE this 2006
UNED STATES DISTRICT JUGE
Attrney for Plaintiff13 Federal Trade Commission
peJ)8RAL TRADE COMMISSION 91S Su 2S Seatte Wasbingto 98174
STIr PERMNEN INJUClON J4 (206) 220-635Q
--
r-----shy
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 15 of 16Case 205-cv-00265- TSZ Document 65 021082006 Page 15 of 16Filed
KEL ndiVidUaIlY 1260 Cragfower Road Victoria British Columbia Canda
4 -250-380-3898
ProSe
MIN TAM vu WOlVld aUy
1260 Craigflower Road Victoria British Columbia Cada 250-380-3898
Pro Se
fIUF-RAt TRAECOMMIS$JON IS Se=n Ave Suo 28
It1 WhinglDn 98114STlP- PERMANENT INJUNCTION - 15 (206) 120-650
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion
Case 205-cv-00265- TSZ Document 66 Filed 02092006 - Page 4 of 16Case 205-cv-00265-TSZ Document 65 Filed 02082006 Page 4 of 16
Solutions
Customer me any person who has paid or may be reuire to pay for goods
or serices offere for sale or sold by the corporate defendat
E Defendats means Keny Nguye aka Phu Mi Huy Nguye an Ivinh Tam
Vo
Doument is synonymous in meang an eq in scope to the usage of the
teIm in FederaJ Rule ofCiviI Prure 34(a) an includes wrtings drwings grhs chart
photogrhs audio fId video recordgs computer records ard other data compilations tram
which information can be obtaned and trnslated if necessar through dettion devices into
reasonaly usable form A draf or non-identical copy is a separte document withn the meag of the ter
Materal mean likely to afect a person s choice of or conduct regaing
goods or serces
Pern means any na peron an any organaton or other leg entity
including a corporation parersip sale prorietorsp limited liabilty company association
coopertive governent agency or any other grup or combination acting as an entity
Telemarketing mea any business acvity (including but not limited to
intiating Of receiving telephone cals mag other who initia or receive telephone calls
operatg an enterrise that initiates or receives telephone calls owning an entere that
intiates or receives telephone cals or otherwise paricipating as an officer) director employee or
independent contractor in an enterrise tht intiates or receives telephone calls) tht involves
atmpts to induc consumer to purbase any item goo ice membeship parership
inteest trst interet or other beeficial interest or to enter a contest for a prie by means of
telephone sales presentations either exclusively or in conjunction with the use of other fonn of
tha the ter telemaeting shall not include tranactions tht
ar not completed until afer a face-to-face contact between the seHer or solicitor and the
consumer solicited
marketig Provided however
FEDERAL ID COMMISSION 015 Sed Avt Suo 2896 Stltre WlIbintJn 814
STIP PERANENT INJUNCTION - 4 (206) 220-6350
Case 205-cv-00265-TSZ Document 66 Filed 02092006 Page 5 of 16Case 205-cv-00265- TSZ Document 65 Filed 02082006 Page 5 of 16
ORDER
I BAN ON CERTAIN ACTIVTIS
IT IS THEREFORE ORDERED that defenant Kelly Nguyen is hereby penanently
restraied and enjoined frm engaging parcipati or assisting others in the adversing
promotig telemketing offerng for sale sellig or distrbuti of business dictories andor
listings in business directories to US residets
II PROmOITD BUSINES ACTIVIES
IT IS FURTHER ORDERED tht defendats their succesors and assign~ an thr
offcers agents diretors servans employees and atorn an tho8e perns in active conc lO or pareipation with them who reive acua notice oftbs Orer by peonal seice or
otherwise whether acting directly or thugh any penon tr corporation subsidiar division 12 or other device or any of them in connection with the adverising promotig telemareting
13 offeri for sale sellig or distrbuting of any good or selVice to us residets are herby
14 peranently restrined and enjoined from
Misrepresenting expressly or by implication
Tht cosumers have previously authoried the purhase of a good or
serIce
Th consumers have agred to p11hase a good or service
Tht consumers have a tral period durng which they can review a good or
serice without inumng financial obligation
Tht consumers owe money for a good or serce
Any materal fact regaing a go or serce and
Any materal fact regaring the ters conditions and limtations of any
refund or guartee policy
Failing to disclose in outbound telemarketng caJIs to consumers promptly and in
26 a clea IUd conspicuous manner (1) the identity of the seller (2) that the purose of th call is to
27 sell goods or serces an (3) thenture of the goods or servces
fEDERAL TRADE COMMSSION 915 Smom A Suo 2a96
Seallk Wuhingln 98174 STIP PERMANE INJUCTON C06) 221)6351
~~~
Bgg S3 s 9 WRf1ro cr
Failing to dilose in outbound telemarketng calls to conser in a clear
conspicuous maner aU material terI conditions an liitations of any refund or gutee policy or any policy of non-refndabilty
Violating the Telemketng Sales Rule 16 CPR Par 310 including any
amendmens thereto and
Assistig other who violate any provision of Section n of ths Order
il PROffBITED DISCLOSUR OF CUSTOMER INFORMATION
IT IS FURTHER ORDERED th defendats thei successors an assign and their
offcer agents diors sean emplo and attomeys and those persons in acthe concert
10 or pacipation with them who receive actual notice of this Order by personal sece or
otherse whether acti directly or through any person tmst OOIprato subsidiar division
12 or other device or any ()fthem are hereby peranently retrned and enjoined frm selling
reting leasing trfenng or othetWise disclosin the nam addrss telephone nwnber
14 Social Secuty nmnbe credt car numbe bank account number e-ma address or other
identifyg information of any peron who paid any money to either defendant or the corprat
defent at any time prior to entr oftbis Order for My business dirctory andor any listing in
17 bU5iness ditory PIQvided howevr that defendants may disclose such identifYng
infonaton to a law enforcement agency or as reuid by any law regulation or cour order
IV CEASING COLLECTION ON CCOUNTS
IT IS FURTHER ORDERED tht defendants their successrs and assign and their
offce agents diectors seants employes and a(tomey~ and those persons in active concert
or parcipation with them who receve actu notice of ths Order by persona seroe or
otherse whether acting directly or thugh any peron ttt corporation subsidiar division
24 or other devic or any ofther ar hereby penanently restraied and enjoined ftm collectng
or atempting to collec payment for the Qorplate defendant $ business directory anor listig in
the diretoIY~ dirctly or thugh any third par on any account established pror to entr of this
Order
fEDERAL TRDE COMMISSION 91S Slood Suo 2896 silttlc Washington 98174
STIP lBAANENT INJUCTON 6 200) 22()63S0
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 7 of 16Case 205-cv-00265- TSZ Document 65 02082006 Page 7 of 16Filed
V RETU OF MAL
IT IS FUTHER ORDERED tht
The Commssion shall retu or arange to have retwed to consrs all
unased checks an other negotiable mshenm in the Conussion s possession that were sent
to defedat Amercan Business Solutions in response to defendats telemarketng of their
business directory andor listing in th dirry to US resdents including all such mail
deliverd to a U S Post Offce or private mail addrssbox The defendants shll foreit al rights an interests in any uncased check and
otber negotiable instrment sent to defenant Amercan Business Solutions~ in response to
defendants telemarketin of their busins dictry andor listing in the dictOl)ID U
residents
VI MONETARY JUDGNmNT
IT IS FUTHER ORDERED tht
Judgment in the amount of nine hl1dted eight thousand seven hunded ten dollars
($908 7 t 0) (US) is hereby entered against defendants for which thy arc jointly and severally
liable as resttution for consue( injl prQvided hQw that ths judgment shall be
suspended subject to the conditions sot forth in Section vn of ths Order and
AU funds paid pumuat to this Order shan be deposited into a fud adnister by the Coission or its agent to be used for equitale relief including but not limited to
conswner redss and any attendant expenses for the admistration of such equitale relief In
the event that direct reress to conswner is wholly or parially impracticable or fuds remain
afer redess is completed the Commission may apply any remaning fuds for such other
equitable relief (including consumer infonnation remedes) as it determines to be re850nably
related to the defendants practices alleged in the Complaint Any Cunds not us for such
equitable relief sha be deposited to the US Treury as disgorgent Defendats shall have
26 no right to chalenge the Commission s choice of remedies under this Section Defendants shl 27 have no right to contest the manner of distrbution chose by the Commission No portion of any
PEDBRAL TRDE COMMISSION 91 cQnd Ave Suo 2896 Settle Washingtn 98114
sm PERNE INJUCTON 206) 220JO
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 8 of 16Case 205-ov-00265- TSZ Document 65 02082006 Page 8 of 16Filed
1 payments under the judgment sban be deemed a payment of any fine penalty or puntive
assessment Defendants agree that the facts as alleged in the Complait filed in ths action shan
be taen as tre for puroses of any subsequent proedngs to enorce payments required by this
4 Section
VII RIGHT TO REOPEN AND TERMATE SUSPENSION
IT IS FURTHER ORDERED that by a cing to th Order defendants reff and
attest to th trthfuness accuracy and completeness of the financial disclosur for C finacial
statements j execute on Mar 31 2005 provided to the Commssion Plaitiffs agrent 9 this Order is expressJy prmised upon the tmthfulness accuray an compJeteness of 10 defendats fiancial condition as repreated in the finacial staements refereced above
which cont materal infonnation upon which plaintiff relied in negotiating and agreeing to the
ters of ths Orer If upon motion by the Commission this Cour fmds that any defendat
failed 10 disclos any materal8Ssct materally misreprested the value of any asset or made
14 any other materia) misrepresentation in or omission ampom the fianciaJ statements the Cour shall
enter judgment agast the offendig defenant in favor of the Commission in the amount of
16 nine hundr eight thousan seven hundred ten dollars ($908710) (US) and the entie amount
shall huwrme imediately due and payable provided that in all other repets) this
Orer shll remai in full forc and effect unJess otherwise orded by the Cour and pr01ided
19 ftrther that proceedn s instituted under thi Section ar in addition 10 an not in lieu of any
20 other civil or crimi remedies as may be provided by law includng any other proeegs the
Commission may initiate to enorce this Orer
VIII DISSOLUTION OF ASSET FREZE23 IT IS FURTHER ORDERED that the freeze against defendats assets pursuant to
24 Secti n n of the Prelimina uyuncton entered by thi5 Cour on April 27 200S shall be lied ZS upon entt of this Order
FEDERAl TRADE COMMJEION 915 Second Ave Suo 2896
Se1l1e Washil1gt()98174ST PERMANE INJUCTION 8 (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 9 of 16Case 205-cv-00265- TSZ Document 65 Filed 02082006 Page 9 of 16
IX COMPLIACE REPORTING BY DEFENDANS
lT IS FURTHER ORDERED that in order that compliane with the provisions of ths
Orer may be monitored
For a perod of fie (5) yem frm the date of entry of ths Orer eah defendan
shall notifY the Commission ofthc following
Any changes in residence maling adeases and telephone numbe of
the dcfendant within te (10) days of the date of such change
Any changes in employment stas (inluding self-emlo)lent) ofthc
defendant and any change in the ownership of the defendant in any business entity
within ten (10) days of the date of such change Such notice sha include the name and
addrss of each business that tbe defendat is afliated with employe by creates or
fonns orperonns servces for a sttement of the natue of the busines and a staent of the defenans duties and responsibilities in coection with the business or
empIO)ent
Any chanes in the defendant nae or use of any aliases or fictitious
names and
Any chanes in the corprate structure of any business entity that
defendant directly or indiretly cotrols or has an ownership interest in that may affect
copliance obligations arsing under ths Order includng but not limited to a
dissolution asignent sale merer or other action that would relt in the emergence of
a succesor entity the creation or disolution of a subsidiar part 01 afliate that
engages in any acts or practices snbject to thi Order the fiing of a banptcy petition
or a change in the corporate nae an address at leas th (30) days prior to such
change provided tht with respect to any proposed change in the corporation abut which the defendant leas IB$$ than Lhirt (30) days prior to tbe date such action is to
tae place defendant shalt notify tho Commission as soon 88 practicable after obtajning
sutih knowledge
FEDERAL TRE COMMISSION )lS Second Ave Suo 2896 ampattc WlUhingtlm 98 t 74
STI PERMANEN INJUCTON - 9 (20 ) 22D-6)5(
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 10 of 16Case 205-cv-00265-TSZ Document 65 Filed 02082006 Page 10 of 16
One hundrd eighty (180) days afer the date of entry of ths Orer each defendt
shall provide a wrtten reor to the FTC sworn to 11er penty of peury settg fort in detail
the maer and fonn in which they have complied and arc complyig with ths Orer Ts
report shall includc but not be limited to
The thcn-cwent resdence addrss mailng addresses an telephone
number of the defendant
The then-curent emloyment and business addresses and telephone
number of the defendant a description of the business activities of each such employer
or buines and the title and resonsibilties of the defendat for eah such employer or
business
A copy of each acknowledgment of receipt of ths Orer obtaed pmsuant
to Section XI of this Orer and
Any other chaes reuird to be rerted under Section IXA of ths
Order
For the purposes ofthis Order defenants shal uness otherse diected by the
CoisAion s authorized reresetatives majl aU wrtten notifications to the CQmmssion to
Associate Director of Enforcement Federal Trade Commission 601 New Jersey Ave N
Washion DC 20001 Re FT v American Business SolutiolL C05-0265 TSZ
FQr pU1oses of the rompliance reorting and monitoring reuired by th Order
the Commission is authorized to communicate directly with defendants
X COMPLlACE MONITORIG
IT IS FUTHER ORDERED that for the purpose of monitorig and investigatng
compliace with any provision of ths Orer
Within ten (10) days ofrcceipt of wrtten Ilotice from a representave of the
26 Commission each defendant shan submit aditional wrtten report sworn to under penalty of
27 perjury produce documents for inspection and copying appem- for deposjtQIJ andor provide
entr durng normal bl)sines$ hOUTS to any US bus-iness lQcation in such defendat s possess-ion
FEDERAL TRADE OOMMJ$$10N915 Second Ave- SI) 28
Btllc Wasllington 98174STI PERMNT INJUCTION T 10 (206) 220-350
~~~ ~~~~~~~
Document 668 Document 55 Wif6 Ffj~ftJ Wf
or djr or indirect control to inspect th business operation
In addition the Commssion is authorized to monitor compliance with ths Orer
by all other lawfl mea including but not limted to the foUowing
t Obtaining discovery from any perso without furter leave of cour using
the procedures prescrbed by Fed R Cjy P 30 31 33 34 36 and 45 and
Posing as ooSumer and supplier to defendats defendants employe
or any other entity managed or controlled in whole or in par by defendants without the
necessity of identification or prior notice
Defendants shan pennit representives of the Commission to interew any
10 employer consultat independent oontrllctr represetative agent or emloyee who has agred
to such an interew relating in any way to any conduct subject to tIis Order Th peron
interviewed may have counsl prsent
Pruvided howevr tht nothing in ths Orer sh limit the Comssion lawf use
compulsty pross purua to S tion 9 an 20 of the FTC Act 15 D C 49 and 57b-J
to obtai any documentar material tangible things testony or information relevant to unfair
or deceptive acts 01 practices in or affectig commere (with the meag of 15
45(a)(1))
XI RECORD KEEPING
IT IS FUTHER ORDER that for a peod of eight (8) yea frm the date of entr
of th Orer defendants in connection with any business wher (1) either defendant is the
majority owner or directly or indirtly manages or controls the business and (2) the business is
engaged in telemketing to US residents or in asstng others engaged in said business ar
hereby restrained and enjoined frm faiing to create and retai the following records
Accounting records that reflect the co of goods or services sold revenues
genered and the disburment of such revenu
Personnel reds accurately reflecting the nae addres and telephone nwnber
of each pern employe in any capacity by such business including as an independent
contrctor that person s job title or position the date upon which the person commened work
FEEv TRAE COMMJ$$ION Jld AIe Suo 1896
SeanJeo Wa hin an 98174 STIP PERMNT INJUCTION - (206) 220-350
~~~
Case 205-cv-00265- TSZ Document 66 02092006Case 205-cv-00265- T$Z Document 65 02082006fl e
and the date and re for the peron terintio if applicable
C Cutomer files contaig the naes addresse telephone number dollar
amounts paid quantity of item or serices plIhased and descrption of items or servces
purased to the exent such inonnation is obtained in the ordinar coure of busness
D ComplaitS an refud requests (whether reeived directly indiectly or though
any thd par) and any resonses to those complaints or reuests
E Copies of all sales scrits trainig materials advertsements or other maketing
mateals and
AU records an documents necessar to demonstrte ful compliance with eah
10 provision of this Order inoluding but not limited to copies ofacknowledgments of reeipt oftbs
Order reired by Section Xl of this Order and all reports submitted to the FTC pursuant to
Section X oftbis Order
XU DISTRIBUTON OF ORDER BY DEFENDANS
IT IS FURTHER ORDERED tht for a perod offiVe (5) yea nom the date of entr
of ths Ord defendants sha deliver copies of this Order as dircted below
For any business that defendant Kelly Nguye Or Mi Tam Vo contrls directly
or indirectly or in wJch either has a majority ownership interest said defendat must deliver a
copy of this Order to all principals) officer directors and managers ofthat business Said
fendat must also deliver copies of ths Order to all employees agents and reresentatives
20 tht business who engage in cOtdud related to the subject matter altbis Order FQr curt perlUel deliver shaU be within five (5) days of seice of this Order upo defendant For new
22 pesonnl) delivery ampbU Qccur prior to them assuming their responsibilties
For any business wher defendant Kelly Nguen or Minh Tam V 0 is not a
contrllng person of Ii business but otherise enes ir conduct related to the subject matt of
this Order said defendt must deliver a copy of this Order to al principals and magers of
fore engang in such conduct and
Defendants must secure a signed and date statement acknowledging reeipt of
this Orer withn thrty (30) days of delivel) from all persons receiving a copy of the Orer
such business
FEDERL TRDt (OMMISJON91S SCId AiC SII 2896
Sctt WMninglon 98174 STP PERMNENT INJUNCTION - (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 13 of 16Case 205-cv-00265 TSZ Document 65 Filed 02082006 Page 13 of 16
pursuat to ths Secon
Xlll ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANS
IT IS FUTHER ORDERED that ea defendat with five (5) businss days of
reipt of this Order as entered by the Cour must submi110 the Common a trthl sworn
statement acknowledgi rept of this Order
XIV COOPERATION WITH FlC COUNSEL
IT IS FUTHER ORDERED tht defendants shall I in contion wi ths action or
any ubseuent investigations related to Dr associated with the tnsactions or the oecences
that ar the subject of the FTC s Comphrlnt coperate in good faith with the FTC and appear or
10 cause their offcers employees repsentatives or agents to appea at 8lch place and times
the FTC shall reasably request af wrtten notice for intervi confrenes pretral
discovery revicw of documents and for such other matters as may be renably reuire by the
FTC If requested in wrti by the FrC defenants shal appea or CHUse their offce 14 employees reresentaives or agents to appea and provide tmthful testimony in any tral 15 deposition or other proceeding related 10 or associated with the trsactions or the occurrences
16 that are the subject of the Complant without the servce of a subpoen
xv INDEPENDENCE OF OBLIGATIONS
IT IS FUTHER ORDERED that the provisions of this Order are separte and
19 severble from one another If any provision exires is stayed or is detined to be invalid the
20 reai prvisions shal remain in full forcc and effect
XVI RETENTION OF JUSDICTION
IT IS FURTHER ORDERED tht ths Cour shall reai jursdiction ofthis maer for
purses of constrction modification and enforcement oethis Oner
rofiVER TRADE COMMISSION915 Second Ave Suo Zg96 SeaLtJ WBlhinf9D 1)$114
STIP- pERANENT INflCIIQN 13 (106) 210-3
Case 2 05-cv-00265- TSZ Document 66 Filed 02092006 Page 14 of 16Case 205-v-Q0265- TSZ Document 65 Filed 02082006 Page of 1614
SO ORDERE this 2006
UNED STATES DISTRICT JUGE
Attrney for Plaintiff13 Federal Trade Commission
peJ)8RAL TRADE COMMISSION 91S Su 2S Seatte Wasbingto 98174
STIr PERMNEN INJUClON J4 (206) 220-635Q
--
r-----shy
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 15 of 16Case 205-cv-00265- TSZ Document 65 021082006 Page 15 of 16Filed
KEL ndiVidUaIlY 1260 Cragfower Road Victoria British Columbia Canda
4 -250-380-3898
ProSe
MIN TAM vu WOlVld aUy
1260 Craigflower Road Victoria British Columbia Cada 250-380-3898
Pro Se
fIUF-RAt TRAECOMMIS$JON IS Se=n Ave Suo 28
It1 WhinglDn 98114STlP- PERMANENT INJUNCTION - 15 (206) 120-650
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion
Case 205-cv-00265-TSZ Document 66 Filed 02092006 Page 5 of 16Case 205-cv-00265- TSZ Document 65 Filed 02082006 Page 5 of 16
ORDER
I BAN ON CERTAIN ACTIVTIS
IT IS THEREFORE ORDERED that defenant Kelly Nguyen is hereby penanently
restraied and enjoined frm engaging parcipati or assisting others in the adversing
promotig telemketing offerng for sale sellig or distrbuti of business dictories andor
listings in business directories to US residets
II PROmOITD BUSINES ACTIVIES
IT IS FURTHER ORDERED tht defendats their succesors and assign~ an thr
offcers agents diretors servans employees and atorn an tho8e perns in active conc lO or pareipation with them who reive acua notice oftbs Orer by peonal seice or
otherwise whether acting directly or thugh any penon tr corporation subsidiar division 12 or other device or any of them in connection with the adverising promotig telemareting
13 offeri for sale sellig or distrbuting of any good or selVice to us residets are herby
14 peranently restrined and enjoined from
Misrepresenting expressly or by implication
Tht cosumers have previously authoried the purhase of a good or
serIce
Th consumers have agred to p11hase a good or service
Tht consumers have a tral period durng which they can review a good or
serice without inumng financial obligation
Tht consumers owe money for a good or serce
Any materal fact regaing a go or serce and
Any materal fact regaring the ters conditions and limtations of any
refund or guartee policy
Failing to disclose in outbound telemarketng caJIs to consumers promptly and in
26 a clea IUd conspicuous manner (1) the identity of the seller (2) that the purose of th call is to
27 sell goods or serces an (3) thenture of the goods or servces
fEDERAL TRADE COMMSSION 915 Smom A Suo 2a96
Seallk Wuhingln 98174 STIP PERMANE INJUCTON C06) 221)6351
~~~
Bgg S3 s 9 WRf1ro cr
Failing to dilose in outbound telemarketng calls to conser in a clear
conspicuous maner aU material terI conditions an liitations of any refund or gutee policy or any policy of non-refndabilty
Violating the Telemketng Sales Rule 16 CPR Par 310 including any
amendmens thereto and
Assistig other who violate any provision of Section n of ths Order
il PROffBITED DISCLOSUR OF CUSTOMER INFORMATION
IT IS FURTHER ORDERED th defendats thei successors an assign and their
offcer agents diors sean emplo and attomeys and those persons in acthe concert
10 or pacipation with them who receive actual notice of this Order by personal sece or
otherse whether acti directly or through any person tmst OOIprato subsidiar division
12 or other device or any ()fthem are hereby peranently retrned and enjoined frm selling
reting leasing trfenng or othetWise disclosin the nam addrss telephone nwnber
14 Social Secuty nmnbe credt car numbe bank account number e-ma address or other
identifyg information of any peron who paid any money to either defendant or the corprat
defent at any time prior to entr oftbis Order for My business dirctory andor any listing in
17 bU5iness ditory PIQvided howevr that defendants may disclose such identifYng
infonaton to a law enforcement agency or as reuid by any law regulation or cour order
IV CEASING COLLECTION ON CCOUNTS
IT IS FURTHER ORDERED tht defendants their successrs and assign and their
offce agents diectors seants employes and a(tomey~ and those persons in active concert
or parcipation with them who receve actu notice of ths Order by persona seroe or
otherse whether acting directly or thugh any peron ttt corporation subsidiar division
24 or other devic or any ofther ar hereby penanently restraied and enjoined ftm collectng
or atempting to collec payment for the Qorplate defendant $ business directory anor listig in
the diretoIY~ dirctly or thugh any third par on any account established pror to entr of this
Order
fEDERAL TRDE COMMISSION 91S Slood Suo 2896 silttlc Washington 98174
STIP lBAANENT INJUCTON 6 200) 22()63S0
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 7 of 16Case 205-cv-00265- TSZ Document 65 02082006 Page 7 of 16Filed
V RETU OF MAL
IT IS FUTHER ORDERED tht
The Commssion shall retu or arange to have retwed to consrs all
unased checks an other negotiable mshenm in the Conussion s possession that were sent
to defedat Amercan Business Solutions in response to defendats telemarketng of their
business directory andor listing in th dirry to US resdents including all such mail
deliverd to a U S Post Offce or private mail addrssbox The defendants shll foreit al rights an interests in any uncased check and
otber negotiable instrment sent to defenant Amercan Business Solutions~ in response to
defendants telemarketin of their busins dictry andor listing in the dictOl)ID U
residents
VI MONETARY JUDGNmNT
IT IS FUTHER ORDERED tht
Judgment in the amount of nine hl1dted eight thousand seven hunded ten dollars
($908 7 t 0) (US) is hereby entered against defendants for which thy arc jointly and severally
liable as resttution for consue( injl prQvided hQw that ths judgment shall be
suspended subject to the conditions sot forth in Section vn of ths Order and
AU funds paid pumuat to this Order shan be deposited into a fud adnister by the Coission or its agent to be used for equitale relief including but not limited to
conswner redss and any attendant expenses for the admistration of such equitale relief In
the event that direct reress to conswner is wholly or parially impracticable or fuds remain
afer redess is completed the Commission may apply any remaning fuds for such other
equitable relief (including consumer infonnation remedes) as it determines to be re850nably
related to the defendants practices alleged in the Complaint Any Cunds not us for such
equitable relief sha be deposited to the US Treury as disgorgent Defendats shall have
26 no right to chalenge the Commission s choice of remedies under this Section Defendants shl 27 have no right to contest the manner of distrbution chose by the Commission No portion of any
PEDBRAL TRDE COMMISSION 91 cQnd Ave Suo 2896 Settle Washingtn 98114
sm PERNE INJUCTON 206) 220JO
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 8 of 16Case 205-ov-00265- TSZ Document 65 02082006 Page 8 of 16Filed
1 payments under the judgment sban be deemed a payment of any fine penalty or puntive
assessment Defendants agree that the facts as alleged in the Complait filed in ths action shan
be taen as tre for puroses of any subsequent proedngs to enorce payments required by this
4 Section
VII RIGHT TO REOPEN AND TERMATE SUSPENSION
IT IS FURTHER ORDERED that by a cing to th Order defendants reff and
attest to th trthfuness accuracy and completeness of the financial disclosur for C finacial
statements j execute on Mar 31 2005 provided to the Commssion Plaitiffs agrent 9 this Order is expressJy prmised upon the tmthfulness accuray an compJeteness of 10 defendats fiancial condition as repreated in the finacial staements refereced above
which cont materal infonnation upon which plaintiff relied in negotiating and agreeing to the
ters of ths Orer If upon motion by the Commission this Cour fmds that any defendat
failed 10 disclos any materal8Ssct materally misreprested the value of any asset or made
14 any other materia) misrepresentation in or omission ampom the fianciaJ statements the Cour shall
enter judgment agast the offendig defenant in favor of the Commission in the amount of
16 nine hundr eight thousan seven hundred ten dollars ($908710) (US) and the entie amount
shall huwrme imediately due and payable provided that in all other repets) this
Orer shll remai in full forc and effect unJess otherwise orded by the Cour and pr01ided
19 ftrther that proceedn s instituted under thi Section ar in addition 10 an not in lieu of any
20 other civil or crimi remedies as may be provided by law includng any other proeegs the
Commission may initiate to enorce this Orer
VIII DISSOLUTION OF ASSET FREZE23 IT IS FURTHER ORDERED that the freeze against defendats assets pursuant to
24 Secti n n of the Prelimina uyuncton entered by thi5 Cour on April 27 200S shall be lied ZS upon entt of this Order
FEDERAl TRADE COMMJEION 915 Second Ave Suo 2896
Se1l1e Washil1gt()98174ST PERMANE INJUCTION 8 (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 9 of 16Case 205-cv-00265- TSZ Document 65 Filed 02082006 Page 9 of 16
IX COMPLIACE REPORTING BY DEFENDANS
lT IS FURTHER ORDERED that in order that compliane with the provisions of ths
Orer may be monitored
For a perod of fie (5) yem frm the date of entry of ths Orer eah defendan
shall notifY the Commission ofthc following
Any changes in residence maling adeases and telephone numbe of
the dcfendant within te (10) days of the date of such change
Any changes in employment stas (inluding self-emlo)lent) ofthc
defendant and any change in the ownership of the defendant in any business entity
within ten (10) days of the date of such change Such notice sha include the name and
addrss of each business that tbe defendat is afliated with employe by creates or
fonns orperonns servces for a sttement of the natue of the busines and a staent of the defenans duties and responsibilities in coection with the business or
empIO)ent
Any chanes in the defendant nae or use of any aliases or fictitious
names and
Any chanes in the corprate structure of any business entity that
defendant directly or indiretly cotrols or has an ownership interest in that may affect
copliance obligations arsing under ths Order includng but not limited to a
dissolution asignent sale merer or other action that would relt in the emergence of
a succesor entity the creation or disolution of a subsidiar part 01 afliate that
engages in any acts or practices snbject to thi Order the fiing of a banptcy petition
or a change in the corporate nae an address at leas th (30) days prior to such
change provided tht with respect to any proposed change in the corporation abut which the defendant leas IB$$ than Lhirt (30) days prior to tbe date such action is to
tae place defendant shalt notify tho Commission as soon 88 practicable after obtajning
sutih knowledge
FEDERAL TRE COMMISSION )lS Second Ave Suo 2896 ampattc WlUhingtlm 98 t 74
STI PERMANEN INJUCTON - 9 (20 ) 22D-6)5(
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 10 of 16Case 205-cv-00265-TSZ Document 65 Filed 02082006 Page 10 of 16
One hundrd eighty (180) days afer the date of entry of ths Orer each defendt
shall provide a wrtten reor to the FTC sworn to 11er penty of peury settg fort in detail
the maer and fonn in which they have complied and arc complyig with ths Orer Ts
report shall includc but not be limited to
The thcn-cwent resdence addrss mailng addresses an telephone
number of the defendant
The then-curent emloyment and business addresses and telephone
number of the defendant a description of the business activities of each such employer
or buines and the title and resonsibilties of the defendat for eah such employer or
business
A copy of each acknowledgment of receipt of ths Orer obtaed pmsuant
to Section XI of this Orer and
Any other chaes reuird to be rerted under Section IXA of ths
Order
For the purposes ofthis Order defenants shal uness otherse diected by the
CoisAion s authorized reresetatives majl aU wrtten notifications to the CQmmssion to
Associate Director of Enforcement Federal Trade Commission 601 New Jersey Ave N
Washion DC 20001 Re FT v American Business SolutiolL C05-0265 TSZ
FQr pU1oses of the rompliance reorting and monitoring reuired by th Order
the Commission is authorized to communicate directly with defendants
X COMPLlACE MONITORIG
IT IS FUTHER ORDERED that for the purpose of monitorig and investigatng
compliace with any provision of ths Orer
Within ten (10) days ofrcceipt of wrtten Ilotice from a representave of the
26 Commission each defendant shan submit aditional wrtten report sworn to under penalty of
27 perjury produce documents for inspection and copying appem- for deposjtQIJ andor provide
entr durng normal bl)sines$ hOUTS to any US bus-iness lQcation in such defendat s possess-ion
FEDERAL TRADE OOMMJ$$10N915 Second Ave- SI) 28
Btllc Wasllington 98174STI PERMNT INJUCTION T 10 (206) 220-350
~~~ ~~~~~~~
Document 668 Document 55 Wif6 Ffj~ftJ Wf
or djr or indirect control to inspect th business operation
In addition the Commssion is authorized to monitor compliance with ths Orer
by all other lawfl mea including but not limted to the foUowing
t Obtaining discovery from any perso without furter leave of cour using
the procedures prescrbed by Fed R Cjy P 30 31 33 34 36 and 45 and
Posing as ooSumer and supplier to defendats defendants employe
or any other entity managed or controlled in whole or in par by defendants without the
necessity of identification or prior notice
Defendants shan pennit representives of the Commission to interew any
10 employer consultat independent oontrllctr represetative agent or emloyee who has agred
to such an interew relating in any way to any conduct subject to tIis Order Th peron
interviewed may have counsl prsent
Pruvided howevr tht nothing in ths Orer sh limit the Comssion lawf use
compulsty pross purua to S tion 9 an 20 of the FTC Act 15 D C 49 and 57b-J
to obtai any documentar material tangible things testony or information relevant to unfair
or deceptive acts 01 practices in or affectig commere (with the meag of 15
45(a)(1))
XI RECORD KEEPING
IT IS FUTHER ORDER that for a peod of eight (8) yea frm the date of entr
of th Orer defendants in connection with any business wher (1) either defendant is the
majority owner or directly or indirtly manages or controls the business and (2) the business is
engaged in telemketing to US residents or in asstng others engaged in said business ar
hereby restrained and enjoined frm faiing to create and retai the following records
Accounting records that reflect the co of goods or services sold revenues
genered and the disburment of such revenu
Personnel reds accurately reflecting the nae addres and telephone nwnber
of each pern employe in any capacity by such business including as an independent
contrctor that person s job title or position the date upon which the person commened work
FEEv TRAE COMMJ$$ION Jld AIe Suo 1896
SeanJeo Wa hin an 98174 STIP PERMNT INJUCTION - (206) 220-350
~~~
Case 205-cv-00265- TSZ Document 66 02092006Case 205-cv-00265- T$Z Document 65 02082006fl e
and the date and re for the peron terintio if applicable
C Cutomer files contaig the naes addresse telephone number dollar
amounts paid quantity of item or serices plIhased and descrption of items or servces
purased to the exent such inonnation is obtained in the ordinar coure of busness
D ComplaitS an refud requests (whether reeived directly indiectly or though
any thd par) and any resonses to those complaints or reuests
E Copies of all sales scrits trainig materials advertsements or other maketing
mateals and
AU records an documents necessar to demonstrte ful compliance with eah
10 provision of this Order inoluding but not limited to copies ofacknowledgments of reeipt oftbs
Order reired by Section Xl of this Order and all reports submitted to the FTC pursuant to
Section X oftbis Order
XU DISTRIBUTON OF ORDER BY DEFENDANS
IT IS FURTHER ORDERED tht for a perod offiVe (5) yea nom the date of entr
of ths Ord defendants sha deliver copies of this Order as dircted below
For any business that defendant Kelly Nguye Or Mi Tam Vo contrls directly
or indirectly or in wJch either has a majority ownership interest said defendat must deliver a
copy of this Order to all principals) officer directors and managers ofthat business Said
fendat must also deliver copies of ths Order to all employees agents and reresentatives
20 tht business who engage in cOtdud related to the subject matter altbis Order FQr curt perlUel deliver shaU be within five (5) days of seice of this Order upo defendant For new
22 pesonnl) delivery ampbU Qccur prior to them assuming their responsibilties
For any business wher defendant Kelly Nguen or Minh Tam V 0 is not a
contrllng person of Ii business but otherise enes ir conduct related to the subject matt of
this Order said defendt must deliver a copy of this Order to al principals and magers of
fore engang in such conduct and
Defendants must secure a signed and date statement acknowledging reeipt of
this Orer withn thrty (30) days of delivel) from all persons receiving a copy of the Orer
such business
FEDERL TRDt (OMMISJON91S SCId AiC SII 2896
Sctt WMninglon 98174 STP PERMNENT INJUNCTION - (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 13 of 16Case 205-cv-00265 TSZ Document 65 Filed 02082006 Page 13 of 16
pursuat to ths Secon
Xlll ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANS
IT IS FUTHER ORDERED that ea defendat with five (5) businss days of
reipt of this Order as entered by the Cour must submi110 the Common a trthl sworn
statement acknowledgi rept of this Order
XIV COOPERATION WITH FlC COUNSEL
IT IS FUTHER ORDERED tht defendants shall I in contion wi ths action or
any ubseuent investigations related to Dr associated with the tnsactions or the oecences
that ar the subject of the FTC s Comphrlnt coperate in good faith with the FTC and appear or
10 cause their offcers employees repsentatives or agents to appea at 8lch place and times
the FTC shall reasably request af wrtten notice for intervi confrenes pretral
discovery revicw of documents and for such other matters as may be renably reuire by the
FTC If requested in wrti by the FrC defenants shal appea or CHUse their offce 14 employees reresentaives or agents to appea and provide tmthful testimony in any tral 15 deposition or other proceeding related 10 or associated with the trsactions or the occurrences
16 that are the subject of the Complant without the servce of a subpoen
xv INDEPENDENCE OF OBLIGATIONS
IT IS FUTHER ORDERED that the provisions of this Order are separte and
19 severble from one another If any provision exires is stayed or is detined to be invalid the
20 reai prvisions shal remain in full forcc and effect
XVI RETENTION OF JUSDICTION
IT IS FURTHER ORDERED tht ths Cour shall reai jursdiction ofthis maer for
purses of constrction modification and enforcement oethis Oner
rofiVER TRADE COMMISSION915 Second Ave Suo Zg96 SeaLtJ WBlhinf9D 1)$114
STIP- pERANENT INflCIIQN 13 (106) 210-3
Case 2 05-cv-00265- TSZ Document 66 Filed 02092006 Page 14 of 16Case 205-v-Q0265- TSZ Document 65 Filed 02082006 Page of 1614
SO ORDERE this 2006
UNED STATES DISTRICT JUGE
Attrney for Plaintiff13 Federal Trade Commission
peJ)8RAL TRADE COMMISSION 91S Su 2S Seatte Wasbingto 98174
STIr PERMNEN INJUClON J4 (206) 220-635Q
--
r-----shy
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 15 of 16Case 205-cv-00265- TSZ Document 65 021082006 Page 15 of 16Filed
KEL ndiVidUaIlY 1260 Cragfower Road Victoria British Columbia Canda
4 -250-380-3898
ProSe
MIN TAM vu WOlVld aUy
1260 Craigflower Road Victoria British Columbia Cada 250-380-3898
Pro Se
fIUF-RAt TRAECOMMIS$JON IS Se=n Ave Suo 28
It1 WhinglDn 98114STlP- PERMANENT INJUNCTION - 15 (206) 120-650
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion
~~~
Bgg S3 s 9 WRf1ro cr
Failing to dilose in outbound telemarketng calls to conser in a clear
conspicuous maner aU material terI conditions an liitations of any refund or gutee policy or any policy of non-refndabilty
Violating the Telemketng Sales Rule 16 CPR Par 310 including any
amendmens thereto and
Assistig other who violate any provision of Section n of ths Order
il PROffBITED DISCLOSUR OF CUSTOMER INFORMATION
IT IS FURTHER ORDERED th defendats thei successors an assign and their
offcer agents diors sean emplo and attomeys and those persons in acthe concert
10 or pacipation with them who receive actual notice of this Order by personal sece or
otherse whether acti directly or through any person tmst OOIprato subsidiar division
12 or other device or any ()fthem are hereby peranently retrned and enjoined frm selling
reting leasing trfenng or othetWise disclosin the nam addrss telephone nwnber
14 Social Secuty nmnbe credt car numbe bank account number e-ma address or other
identifyg information of any peron who paid any money to either defendant or the corprat
defent at any time prior to entr oftbis Order for My business dirctory andor any listing in
17 bU5iness ditory PIQvided howevr that defendants may disclose such identifYng
infonaton to a law enforcement agency or as reuid by any law regulation or cour order
IV CEASING COLLECTION ON CCOUNTS
IT IS FURTHER ORDERED tht defendants their successrs and assign and their
offce agents diectors seants employes and a(tomey~ and those persons in active concert
or parcipation with them who receve actu notice of ths Order by persona seroe or
otherse whether acting directly or thugh any peron ttt corporation subsidiar division
24 or other devic or any ofther ar hereby penanently restraied and enjoined ftm collectng
or atempting to collec payment for the Qorplate defendant $ business directory anor listig in
the diretoIY~ dirctly or thugh any third par on any account established pror to entr of this
Order
fEDERAL TRDE COMMISSION 91S Slood Suo 2896 silttlc Washington 98174
STIP lBAANENT INJUCTON 6 200) 22()63S0
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 7 of 16Case 205-cv-00265- TSZ Document 65 02082006 Page 7 of 16Filed
V RETU OF MAL
IT IS FUTHER ORDERED tht
The Commssion shall retu or arange to have retwed to consrs all
unased checks an other negotiable mshenm in the Conussion s possession that were sent
to defedat Amercan Business Solutions in response to defendats telemarketng of their
business directory andor listing in th dirry to US resdents including all such mail
deliverd to a U S Post Offce or private mail addrssbox The defendants shll foreit al rights an interests in any uncased check and
otber negotiable instrment sent to defenant Amercan Business Solutions~ in response to
defendants telemarketin of their busins dictry andor listing in the dictOl)ID U
residents
VI MONETARY JUDGNmNT
IT IS FUTHER ORDERED tht
Judgment in the amount of nine hl1dted eight thousand seven hunded ten dollars
($908 7 t 0) (US) is hereby entered against defendants for which thy arc jointly and severally
liable as resttution for consue( injl prQvided hQw that ths judgment shall be
suspended subject to the conditions sot forth in Section vn of ths Order and
AU funds paid pumuat to this Order shan be deposited into a fud adnister by the Coission or its agent to be used for equitale relief including but not limited to
conswner redss and any attendant expenses for the admistration of such equitale relief In
the event that direct reress to conswner is wholly or parially impracticable or fuds remain
afer redess is completed the Commission may apply any remaning fuds for such other
equitable relief (including consumer infonnation remedes) as it determines to be re850nably
related to the defendants practices alleged in the Complaint Any Cunds not us for such
equitable relief sha be deposited to the US Treury as disgorgent Defendats shall have
26 no right to chalenge the Commission s choice of remedies under this Section Defendants shl 27 have no right to contest the manner of distrbution chose by the Commission No portion of any
PEDBRAL TRDE COMMISSION 91 cQnd Ave Suo 2896 Settle Washingtn 98114
sm PERNE INJUCTON 206) 220JO
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 8 of 16Case 205-ov-00265- TSZ Document 65 02082006 Page 8 of 16Filed
1 payments under the judgment sban be deemed a payment of any fine penalty or puntive
assessment Defendants agree that the facts as alleged in the Complait filed in ths action shan
be taen as tre for puroses of any subsequent proedngs to enorce payments required by this
4 Section
VII RIGHT TO REOPEN AND TERMATE SUSPENSION
IT IS FURTHER ORDERED that by a cing to th Order defendants reff and
attest to th trthfuness accuracy and completeness of the financial disclosur for C finacial
statements j execute on Mar 31 2005 provided to the Commssion Plaitiffs agrent 9 this Order is expressJy prmised upon the tmthfulness accuray an compJeteness of 10 defendats fiancial condition as repreated in the finacial staements refereced above
which cont materal infonnation upon which plaintiff relied in negotiating and agreeing to the
ters of ths Orer If upon motion by the Commission this Cour fmds that any defendat
failed 10 disclos any materal8Ssct materally misreprested the value of any asset or made
14 any other materia) misrepresentation in or omission ampom the fianciaJ statements the Cour shall
enter judgment agast the offendig defenant in favor of the Commission in the amount of
16 nine hundr eight thousan seven hundred ten dollars ($908710) (US) and the entie amount
shall huwrme imediately due and payable provided that in all other repets) this
Orer shll remai in full forc and effect unJess otherwise orded by the Cour and pr01ided
19 ftrther that proceedn s instituted under thi Section ar in addition 10 an not in lieu of any
20 other civil or crimi remedies as may be provided by law includng any other proeegs the
Commission may initiate to enorce this Orer
VIII DISSOLUTION OF ASSET FREZE23 IT IS FURTHER ORDERED that the freeze against defendats assets pursuant to
24 Secti n n of the Prelimina uyuncton entered by thi5 Cour on April 27 200S shall be lied ZS upon entt of this Order
FEDERAl TRADE COMMJEION 915 Second Ave Suo 2896
Se1l1e Washil1gt()98174ST PERMANE INJUCTION 8 (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 9 of 16Case 205-cv-00265- TSZ Document 65 Filed 02082006 Page 9 of 16
IX COMPLIACE REPORTING BY DEFENDANS
lT IS FURTHER ORDERED that in order that compliane with the provisions of ths
Orer may be monitored
For a perod of fie (5) yem frm the date of entry of ths Orer eah defendan
shall notifY the Commission ofthc following
Any changes in residence maling adeases and telephone numbe of
the dcfendant within te (10) days of the date of such change
Any changes in employment stas (inluding self-emlo)lent) ofthc
defendant and any change in the ownership of the defendant in any business entity
within ten (10) days of the date of such change Such notice sha include the name and
addrss of each business that tbe defendat is afliated with employe by creates or
fonns orperonns servces for a sttement of the natue of the busines and a staent of the defenans duties and responsibilities in coection with the business or
empIO)ent
Any chanes in the defendant nae or use of any aliases or fictitious
names and
Any chanes in the corprate structure of any business entity that
defendant directly or indiretly cotrols or has an ownership interest in that may affect
copliance obligations arsing under ths Order includng but not limited to a
dissolution asignent sale merer or other action that would relt in the emergence of
a succesor entity the creation or disolution of a subsidiar part 01 afliate that
engages in any acts or practices snbject to thi Order the fiing of a banptcy petition
or a change in the corporate nae an address at leas th (30) days prior to such
change provided tht with respect to any proposed change in the corporation abut which the defendant leas IB$$ than Lhirt (30) days prior to tbe date such action is to
tae place defendant shalt notify tho Commission as soon 88 practicable after obtajning
sutih knowledge
FEDERAL TRE COMMISSION )lS Second Ave Suo 2896 ampattc WlUhingtlm 98 t 74
STI PERMANEN INJUCTON - 9 (20 ) 22D-6)5(
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 10 of 16Case 205-cv-00265-TSZ Document 65 Filed 02082006 Page 10 of 16
One hundrd eighty (180) days afer the date of entry of ths Orer each defendt
shall provide a wrtten reor to the FTC sworn to 11er penty of peury settg fort in detail
the maer and fonn in which they have complied and arc complyig with ths Orer Ts
report shall includc but not be limited to
The thcn-cwent resdence addrss mailng addresses an telephone
number of the defendant
The then-curent emloyment and business addresses and telephone
number of the defendant a description of the business activities of each such employer
or buines and the title and resonsibilties of the defendat for eah such employer or
business
A copy of each acknowledgment of receipt of ths Orer obtaed pmsuant
to Section XI of this Orer and
Any other chaes reuird to be rerted under Section IXA of ths
Order
For the purposes ofthis Order defenants shal uness otherse diected by the
CoisAion s authorized reresetatives majl aU wrtten notifications to the CQmmssion to
Associate Director of Enforcement Federal Trade Commission 601 New Jersey Ave N
Washion DC 20001 Re FT v American Business SolutiolL C05-0265 TSZ
FQr pU1oses of the rompliance reorting and monitoring reuired by th Order
the Commission is authorized to communicate directly with defendants
X COMPLlACE MONITORIG
IT IS FUTHER ORDERED that for the purpose of monitorig and investigatng
compliace with any provision of ths Orer
Within ten (10) days ofrcceipt of wrtten Ilotice from a representave of the
26 Commission each defendant shan submit aditional wrtten report sworn to under penalty of
27 perjury produce documents for inspection and copying appem- for deposjtQIJ andor provide
entr durng normal bl)sines$ hOUTS to any US bus-iness lQcation in such defendat s possess-ion
FEDERAL TRADE OOMMJ$$10N915 Second Ave- SI) 28
Btllc Wasllington 98174STI PERMNT INJUCTION T 10 (206) 220-350
~~~ ~~~~~~~
Document 668 Document 55 Wif6 Ffj~ftJ Wf
or djr or indirect control to inspect th business operation
In addition the Commssion is authorized to monitor compliance with ths Orer
by all other lawfl mea including but not limted to the foUowing
t Obtaining discovery from any perso without furter leave of cour using
the procedures prescrbed by Fed R Cjy P 30 31 33 34 36 and 45 and
Posing as ooSumer and supplier to defendats defendants employe
or any other entity managed or controlled in whole or in par by defendants without the
necessity of identification or prior notice
Defendants shan pennit representives of the Commission to interew any
10 employer consultat independent oontrllctr represetative agent or emloyee who has agred
to such an interew relating in any way to any conduct subject to tIis Order Th peron
interviewed may have counsl prsent
Pruvided howevr tht nothing in ths Orer sh limit the Comssion lawf use
compulsty pross purua to S tion 9 an 20 of the FTC Act 15 D C 49 and 57b-J
to obtai any documentar material tangible things testony or information relevant to unfair
or deceptive acts 01 practices in or affectig commere (with the meag of 15
45(a)(1))
XI RECORD KEEPING
IT IS FUTHER ORDER that for a peod of eight (8) yea frm the date of entr
of th Orer defendants in connection with any business wher (1) either defendant is the
majority owner or directly or indirtly manages or controls the business and (2) the business is
engaged in telemketing to US residents or in asstng others engaged in said business ar
hereby restrained and enjoined frm faiing to create and retai the following records
Accounting records that reflect the co of goods or services sold revenues
genered and the disburment of such revenu
Personnel reds accurately reflecting the nae addres and telephone nwnber
of each pern employe in any capacity by such business including as an independent
contrctor that person s job title or position the date upon which the person commened work
FEEv TRAE COMMJ$$ION Jld AIe Suo 1896
SeanJeo Wa hin an 98174 STIP PERMNT INJUCTION - (206) 220-350
~~~
Case 205-cv-00265- TSZ Document 66 02092006Case 205-cv-00265- T$Z Document 65 02082006fl e
and the date and re for the peron terintio if applicable
C Cutomer files contaig the naes addresse telephone number dollar
amounts paid quantity of item or serices plIhased and descrption of items or servces
purased to the exent such inonnation is obtained in the ordinar coure of busness
D ComplaitS an refud requests (whether reeived directly indiectly or though
any thd par) and any resonses to those complaints or reuests
E Copies of all sales scrits trainig materials advertsements or other maketing
mateals and
AU records an documents necessar to demonstrte ful compliance with eah
10 provision of this Order inoluding but not limited to copies ofacknowledgments of reeipt oftbs
Order reired by Section Xl of this Order and all reports submitted to the FTC pursuant to
Section X oftbis Order
XU DISTRIBUTON OF ORDER BY DEFENDANS
IT IS FURTHER ORDERED tht for a perod offiVe (5) yea nom the date of entr
of ths Ord defendants sha deliver copies of this Order as dircted below
For any business that defendant Kelly Nguye Or Mi Tam Vo contrls directly
or indirectly or in wJch either has a majority ownership interest said defendat must deliver a
copy of this Order to all principals) officer directors and managers ofthat business Said
fendat must also deliver copies of ths Order to all employees agents and reresentatives
20 tht business who engage in cOtdud related to the subject matter altbis Order FQr curt perlUel deliver shaU be within five (5) days of seice of this Order upo defendant For new
22 pesonnl) delivery ampbU Qccur prior to them assuming their responsibilties
For any business wher defendant Kelly Nguen or Minh Tam V 0 is not a
contrllng person of Ii business but otherise enes ir conduct related to the subject matt of
this Order said defendt must deliver a copy of this Order to al principals and magers of
fore engang in such conduct and
Defendants must secure a signed and date statement acknowledging reeipt of
this Orer withn thrty (30) days of delivel) from all persons receiving a copy of the Orer
such business
FEDERL TRDt (OMMISJON91S SCId AiC SII 2896
Sctt WMninglon 98174 STP PERMNENT INJUNCTION - (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 13 of 16Case 205-cv-00265 TSZ Document 65 Filed 02082006 Page 13 of 16
pursuat to ths Secon
Xlll ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANS
IT IS FUTHER ORDERED that ea defendat with five (5) businss days of
reipt of this Order as entered by the Cour must submi110 the Common a trthl sworn
statement acknowledgi rept of this Order
XIV COOPERATION WITH FlC COUNSEL
IT IS FUTHER ORDERED tht defendants shall I in contion wi ths action or
any ubseuent investigations related to Dr associated with the tnsactions or the oecences
that ar the subject of the FTC s Comphrlnt coperate in good faith with the FTC and appear or
10 cause their offcers employees repsentatives or agents to appea at 8lch place and times
the FTC shall reasably request af wrtten notice for intervi confrenes pretral
discovery revicw of documents and for such other matters as may be renably reuire by the
FTC If requested in wrti by the FrC defenants shal appea or CHUse their offce 14 employees reresentaives or agents to appea and provide tmthful testimony in any tral 15 deposition or other proceeding related 10 or associated with the trsactions or the occurrences
16 that are the subject of the Complant without the servce of a subpoen
xv INDEPENDENCE OF OBLIGATIONS
IT IS FUTHER ORDERED that the provisions of this Order are separte and
19 severble from one another If any provision exires is stayed or is detined to be invalid the
20 reai prvisions shal remain in full forcc and effect
XVI RETENTION OF JUSDICTION
IT IS FURTHER ORDERED tht ths Cour shall reai jursdiction ofthis maer for
purses of constrction modification and enforcement oethis Oner
rofiVER TRADE COMMISSION915 Second Ave Suo Zg96 SeaLtJ WBlhinf9D 1)$114
STIP- pERANENT INflCIIQN 13 (106) 210-3
Case 2 05-cv-00265- TSZ Document 66 Filed 02092006 Page 14 of 16Case 205-v-Q0265- TSZ Document 65 Filed 02082006 Page of 1614
SO ORDERE this 2006
UNED STATES DISTRICT JUGE
Attrney for Plaintiff13 Federal Trade Commission
peJ)8RAL TRADE COMMISSION 91S Su 2S Seatte Wasbingto 98174
STIr PERMNEN INJUClON J4 (206) 220-635Q
--
r-----shy
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 15 of 16Case 205-cv-00265- TSZ Document 65 021082006 Page 15 of 16Filed
KEL ndiVidUaIlY 1260 Cragfower Road Victoria British Columbia Canda
4 -250-380-3898
ProSe
MIN TAM vu WOlVld aUy
1260 Craigflower Road Victoria British Columbia Cada 250-380-3898
Pro Se
fIUF-RAt TRAECOMMIS$JON IS Se=n Ave Suo 28
It1 WhinglDn 98114STlP- PERMANENT INJUNCTION - 15 (206) 120-650
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 7 of 16Case 205-cv-00265- TSZ Document 65 02082006 Page 7 of 16Filed
V RETU OF MAL
IT IS FUTHER ORDERED tht
The Commssion shall retu or arange to have retwed to consrs all
unased checks an other negotiable mshenm in the Conussion s possession that were sent
to defedat Amercan Business Solutions in response to defendats telemarketng of their
business directory andor listing in th dirry to US resdents including all such mail
deliverd to a U S Post Offce or private mail addrssbox The defendants shll foreit al rights an interests in any uncased check and
otber negotiable instrment sent to defenant Amercan Business Solutions~ in response to
defendants telemarketin of their busins dictry andor listing in the dictOl)ID U
residents
VI MONETARY JUDGNmNT
IT IS FUTHER ORDERED tht
Judgment in the amount of nine hl1dted eight thousand seven hunded ten dollars
($908 7 t 0) (US) is hereby entered against defendants for which thy arc jointly and severally
liable as resttution for consue( injl prQvided hQw that ths judgment shall be
suspended subject to the conditions sot forth in Section vn of ths Order and
AU funds paid pumuat to this Order shan be deposited into a fud adnister by the Coission or its agent to be used for equitale relief including but not limited to
conswner redss and any attendant expenses for the admistration of such equitale relief In
the event that direct reress to conswner is wholly or parially impracticable or fuds remain
afer redess is completed the Commission may apply any remaning fuds for such other
equitable relief (including consumer infonnation remedes) as it determines to be re850nably
related to the defendants practices alleged in the Complaint Any Cunds not us for such
equitable relief sha be deposited to the US Treury as disgorgent Defendats shall have
26 no right to chalenge the Commission s choice of remedies under this Section Defendants shl 27 have no right to contest the manner of distrbution chose by the Commission No portion of any
PEDBRAL TRDE COMMISSION 91 cQnd Ave Suo 2896 Settle Washingtn 98114
sm PERNE INJUCTON 206) 220JO
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 8 of 16Case 205-ov-00265- TSZ Document 65 02082006 Page 8 of 16Filed
1 payments under the judgment sban be deemed a payment of any fine penalty or puntive
assessment Defendants agree that the facts as alleged in the Complait filed in ths action shan
be taen as tre for puroses of any subsequent proedngs to enorce payments required by this
4 Section
VII RIGHT TO REOPEN AND TERMATE SUSPENSION
IT IS FURTHER ORDERED that by a cing to th Order defendants reff and
attest to th trthfuness accuracy and completeness of the financial disclosur for C finacial
statements j execute on Mar 31 2005 provided to the Commssion Plaitiffs agrent 9 this Order is expressJy prmised upon the tmthfulness accuray an compJeteness of 10 defendats fiancial condition as repreated in the finacial staements refereced above
which cont materal infonnation upon which plaintiff relied in negotiating and agreeing to the
ters of ths Orer If upon motion by the Commission this Cour fmds that any defendat
failed 10 disclos any materal8Ssct materally misreprested the value of any asset or made
14 any other materia) misrepresentation in or omission ampom the fianciaJ statements the Cour shall
enter judgment agast the offendig defenant in favor of the Commission in the amount of
16 nine hundr eight thousan seven hundred ten dollars ($908710) (US) and the entie amount
shall huwrme imediately due and payable provided that in all other repets) this
Orer shll remai in full forc and effect unJess otherwise orded by the Cour and pr01ided
19 ftrther that proceedn s instituted under thi Section ar in addition 10 an not in lieu of any
20 other civil or crimi remedies as may be provided by law includng any other proeegs the
Commission may initiate to enorce this Orer
VIII DISSOLUTION OF ASSET FREZE23 IT IS FURTHER ORDERED that the freeze against defendats assets pursuant to
24 Secti n n of the Prelimina uyuncton entered by thi5 Cour on April 27 200S shall be lied ZS upon entt of this Order
FEDERAl TRADE COMMJEION 915 Second Ave Suo 2896
Se1l1e Washil1gt()98174ST PERMANE INJUCTION 8 (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 9 of 16Case 205-cv-00265- TSZ Document 65 Filed 02082006 Page 9 of 16
IX COMPLIACE REPORTING BY DEFENDANS
lT IS FURTHER ORDERED that in order that compliane with the provisions of ths
Orer may be monitored
For a perod of fie (5) yem frm the date of entry of ths Orer eah defendan
shall notifY the Commission ofthc following
Any changes in residence maling adeases and telephone numbe of
the dcfendant within te (10) days of the date of such change
Any changes in employment stas (inluding self-emlo)lent) ofthc
defendant and any change in the ownership of the defendant in any business entity
within ten (10) days of the date of such change Such notice sha include the name and
addrss of each business that tbe defendat is afliated with employe by creates or
fonns orperonns servces for a sttement of the natue of the busines and a staent of the defenans duties and responsibilities in coection with the business or
empIO)ent
Any chanes in the defendant nae or use of any aliases or fictitious
names and
Any chanes in the corprate structure of any business entity that
defendant directly or indiretly cotrols or has an ownership interest in that may affect
copliance obligations arsing under ths Order includng but not limited to a
dissolution asignent sale merer or other action that would relt in the emergence of
a succesor entity the creation or disolution of a subsidiar part 01 afliate that
engages in any acts or practices snbject to thi Order the fiing of a banptcy petition
or a change in the corporate nae an address at leas th (30) days prior to such
change provided tht with respect to any proposed change in the corporation abut which the defendant leas IB$$ than Lhirt (30) days prior to tbe date such action is to
tae place defendant shalt notify tho Commission as soon 88 practicable after obtajning
sutih knowledge
FEDERAL TRE COMMISSION )lS Second Ave Suo 2896 ampattc WlUhingtlm 98 t 74
STI PERMANEN INJUCTON - 9 (20 ) 22D-6)5(
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 10 of 16Case 205-cv-00265-TSZ Document 65 Filed 02082006 Page 10 of 16
One hundrd eighty (180) days afer the date of entry of ths Orer each defendt
shall provide a wrtten reor to the FTC sworn to 11er penty of peury settg fort in detail
the maer and fonn in which they have complied and arc complyig with ths Orer Ts
report shall includc but not be limited to
The thcn-cwent resdence addrss mailng addresses an telephone
number of the defendant
The then-curent emloyment and business addresses and telephone
number of the defendant a description of the business activities of each such employer
or buines and the title and resonsibilties of the defendat for eah such employer or
business
A copy of each acknowledgment of receipt of ths Orer obtaed pmsuant
to Section XI of this Orer and
Any other chaes reuird to be rerted under Section IXA of ths
Order
For the purposes ofthis Order defenants shal uness otherse diected by the
CoisAion s authorized reresetatives majl aU wrtten notifications to the CQmmssion to
Associate Director of Enforcement Federal Trade Commission 601 New Jersey Ave N
Washion DC 20001 Re FT v American Business SolutiolL C05-0265 TSZ
FQr pU1oses of the rompliance reorting and monitoring reuired by th Order
the Commission is authorized to communicate directly with defendants
X COMPLlACE MONITORIG
IT IS FUTHER ORDERED that for the purpose of monitorig and investigatng
compliace with any provision of ths Orer
Within ten (10) days ofrcceipt of wrtten Ilotice from a representave of the
26 Commission each defendant shan submit aditional wrtten report sworn to under penalty of
27 perjury produce documents for inspection and copying appem- for deposjtQIJ andor provide
entr durng normal bl)sines$ hOUTS to any US bus-iness lQcation in such defendat s possess-ion
FEDERAL TRADE OOMMJ$$10N915 Second Ave- SI) 28
Btllc Wasllington 98174STI PERMNT INJUCTION T 10 (206) 220-350
~~~ ~~~~~~~
Document 668 Document 55 Wif6 Ffj~ftJ Wf
or djr or indirect control to inspect th business operation
In addition the Commssion is authorized to monitor compliance with ths Orer
by all other lawfl mea including but not limted to the foUowing
t Obtaining discovery from any perso without furter leave of cour using
the procedures prescrbed by Fed R Cjy P 30 31 33 34 36 and 45 and
Posing as ooSumer and supplier to defendats defendants employe
or any other entity managed or controlled in whole or in par by defendants without the
necessity of identification or prior notice
Defendants shan pennit representives of the Commission to interew any
10 employer consultat independent oontrllctr represetative agent or emloyee who has agred
to such an interew relating in any way to any conduct subject to tIis Order Th peron
interviewed may have counsl prsent
Pruvided howevr tht nothing in ths Orer sh limit the Comssion lawf use
compulsty pross purua to S tion 9 an 20 of the FTC Act 15 D C 49 and 57b-J
to obtai any documentar material tangible things testony or information relevant to unfair
or deceptive acts 01 practices in or affectig commere (with the meag of 15
45(a)(1))
XI RECORD KEEPING
IT IS FUTHER ORDER that for a peod of eight (8) yea frm the date of entr
of th Orer defendants in connection with any business wher (1) either defendant is the
majority owner or directly or indirtly manages or controls the business and (2) the business is
engaged in telemketing to US residents or in asstng others engaged in said business ar
hereby restrained and enjoined frm faiing to create and retai the following records
Accounting records that reflect the co of goods or services sold revenues
genered and the disburment of such revenu
Personnel reds accurately reflecting the nae addres and telephone nwnber
of each pern employe in any capacity by such business including as an independent
contrctor that person s job title or position the date upon which the person commened work
FEEv TRAE COMMJ$$ION Jld AIe Suo 1896
SeanJeo Wa hin an 98174 STIP PERMNT INJUCTION - (206) 220-350
~~~
Case 205-cv-00265- TSZ Document 66 02092006Case 205-cv-00265- T$Z Document 65 02082006fl e
and the date and re for the peron terintio if applicable
C Cutomer files contaig the naes addresse telephone number dollar
amounts paid quantity of item or serices plIhased and descrption of items or servces
purased to the exent such inonnation is obtained in the ordinar coure of busness
D ComplaitS an refud requests (whether reeived directly indiectly or though
any thd par) and any resonses to those complaints or reuests
E Copies of all sales scrits trainig materials advertsements or other maketing
mateals and
AU records an documents necessar to demonstrte ful compliance with eah
10 provision of this Order inoluding but not limited to copies ofacknowledgments of reeipt oftbs
Order reired by Section Xl of this Order and all reports submitted to the FTC pursuant to
Section X oftbis Order
XU DISTRIBUTON OF ORDER BY DEFENDANS
IT IS FURTHER ORDERED tht for a perod offiVe (5) yea nom the date of entr
of ths Ord defendants sha deliver copies of this Order as dircted below
For any business that defendant Kelly Nguye Or Mi Tam Vo contrls directly
or indirectly or in wJch either has a majority ownership interest said defendat must deliver a
copy of this Order to all principals) officer directors and managers ofthat business Said
fendat must also deliver copies of ths Order to all employees agents and reresentatives
20 tht business who engage in cOtdud related to the subject matter altbis Order FQr curt perlUel deliver shaU be within five (5) days of seice of this Order upo defendant For new
22 pesonnl) delivery ampbU Qccur prior to them assuming their responsibilties
For any business wher defendant Kelly Nguen or Minh Tam V 0 is not a
contrllng person of Ii business but otherise enes ir conduct related to the subject matt of
this Order said defendt must deliver a copy of this Order to al principals and magers of
fore engang in such conduct and
Defendants must secure a signed and date statement acknowledging reeipt of
this Orer withn thrty (30) days of delivel) from all persons receiving a copy of the Orer
such business
FEDERL TRDt (OMMISJON91S SCId AiC SII 2896
Sctt WMninglon 98174 STP PERMNENT INJUNCTION - (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 13 of 16Case 205-cv-00265 TSZ Document 65 Filed 02082006 Page 13 of 16
pursuat to ths Secon
Xlll ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANS
IT IS FUTHER ORDERED that ea defendat with five (5) businss days of
reipt of this Order as entered by the Cour must submi110 the Common a trthl sworn
statement acknowledgi rept of this Order
XIV COOPERATION WITH FlC COUNSEL
IT IS FUTHER ORDERED tht defendants shall I in contion wi ths action or
any ubseuent investigations related to Dr associated with the tnsactions or the oecences
that ar the subject of the FTC s Comphrlnt coperate in good faith with the FTC and appear or
10 cause their offcers employees repsentatives or agents to appea at 8lch place and times
the FTC shall reasably request af wrtten notice for intervi confrenes pretral
discovery revicw of documents and for such other matters as may be renably reuire by the
FTC If requested in wrti by the FrC defenants shal appea or CHUse their offce 14 employees reresentaives or agents to appea and provide tmthful testimony in any tral 15 deposition or other proceeding related 10 or associated with the trsactions or the occurrences
16 that are the subject of the Complant without the servce of a subpoen
xv INDEPENDENCE OF OBLIGATIONS
IT IS FUTHER ORDERED that the provisions of this Order are separte and
19 severble from one another If any provision exires is stayed or is detined to be invalid the
20 reai prvisions shal remain in full forcc and effect
XVI RETENTION OF JUSDICTION
IT IS FURTHER ORDERED tht ths Cour shall reai jursdiction ofthis maer for
purses of constrction modification and enforcement oethis Oner
rofiVER TRADE COMMISSION915 Second Ave Suo Zg96 SeaLtJ WBlhinf9D 1)$114
STIP- pERANENT INflCIIQN 13 (106) 210-3
Case 2 05-cv-00265- TSZ Document 66 Filed 02092006 Page 14 of 16Case 205-v-Q0265- TSZ Document 65 Filed 02082006 Page of 1614
SO ORDERE this 2006
UNED STATES DISTRICT JUGE
Attrney for Plaintiff13 Federal Trade Commission
peJ)8RAL TRADE COMMISSION 91S Su 2S Seatte Wasbingto 98174
STIr PERMNEN INJUClON J4 (206) 220-635Q
--
r-----shy
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 15 of 16Case 205-cv-00265- TSZ Document 65 021082006 Page 15 of 16Filed
KEL ndiVidUaIlY 1260 Cragfower Road Victoria British Columbia Canda
4 -250-380-3898
ProSe
MIN TAM vu WOlVld aUy
1260 Craigflower Road Victoria British Columbia Cada 250-380-3898
Pro Se
fIUF-RAt TRAECOMMIS$JON IS Se=n Ave Suo 28
It1 WhinglDn 98114STlP- PERMANENT INJUNCTION - 15 (206) 120-650
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 8 of 16Case 205-ov-00265- TSZ Document 65 02082006 Page 8 of 16Filed
1 payments under the judgment sban be deemed a payment of any fine penalty or puntive
assessment Defendants agree that the facts as alleged in the Complait filed in ths action shan
be taen as tre for puroses of any subsequent proedngs to enorce payments required by this
4 Section
VII RIGHT TO REOPEN AND TERMATE SUSPENSION
IT IS FURTHER ORDERED that by a cing to th Order defendants reff and
attest to th trthfuness accuracy and completeness of the financial disclosur for C finacial
statements j execute on Mar 31 2005 provided to the Commssion Plaitiffs agrent 9 this Order is expressJy prmised upon the tmthfulness accuray an compJeteness of 10 defendats fiancial condition as repreated in the finacial staements refereced above
which cont materal infonnation upon which plaintiff relied in negotiating and agreeing to the
ters of ths Orer If upon motion by the Commission this Cour fmds that any defendat
failed 10 disclos any materal8Ssct materally misreprested the value of any asset or made
14 any other materia) misrepresentation in or omission ampom the fianciaJ statements the Cour shall
enter judgment agast the offendig defenant in favor of the Commission in the amount of
16 nine hundr eight thousan seven hundred ten dollars ($908710) (US) and the entie amount
shall huwrme imediately due and payable provided that in all other repets) this
Orer shll remai in full forc and effect unJess otherwise orded by the Cour and pr01ided
19 ftrther that proceedn s instituted under thi Section ar in addition 10 an not in lieu of any
20 other civil or crimi remedies as may be provided by law includng any other proeegs the
Commission may initiate to enorce this Orer
VIII DISSOLUTION OF ASSET FREZE23 IT IS FURTHER ORDERED that the freeze against defendats assets pursuant to
24 Secti n n of the Prelimina uyuncton entered by thi5 Cour on April 27 200S shall be lied ZS upon entt of this Order
FEDERAl TRADE COMMJEION 915 Second Ave Suo 2896
Se1l1e Washil1gt()98174ST PERMANE INJUCTION 8 (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 9 of 16Case 205-cv-00265- TSZ Document 65 Filed 02082006 Page 9 of 16
IX COMPLIACE REPORTING BY DEFENDANS
lT IS FURTHER ORDERED that in order that compliane with the provisions of ths
Orer may be monitored
For a perod of fie (5) yem frm the date of entry of ths Orer eah defendan
shall notifY the Commission ofthc following
Any changes in residence maling adeases and telephone numbe of
the dcfendant within te (10) days of the date of such change
Any changes in employment stas (inluding self-emlo)lent) ofthc
defendant and any change in the ownership of the defendant in any business entity
within ten (10) days of the date of such change Such notice sha include the name and
addrss of each business that tbe defendat is afliated with employe by creates or
fonns orperonns servces for a sttement of the natue of the busines and a staent of the defenans duties and responsibilities in coection with the business or
empIO)ent
Any chanes in the defendant nae or use of any aliases or fictitious
names and
Any chanes in the corprate structure of any business entity that
defendant directly or indiretly cotrols or has an ownership interest in that may affect
copliance obligations arsing under ths Order includng but not limited to a
dissolution asignent sale merer or other action that would relt in the emergence of
a succesor entity the creation or disolution of a subsidiar part 01 afliate that
engages in any acts or practices snbject to thi Order the fiing of a banptcy petition
or a change in the corporate nae an address at leas th (30) days prior to such
change provided tht with respect to any proposed change in the corporation abut which the defendant leas IB$$ than Lhirt (30) days prior to tbe date such action is to
tae place defendant shalt notify tho Commission as soon 88 practicable after obtajning
sutih knowledge
FEDERAL TRE COMMISSION )lS Second Ave Suo 2896 ampattc WlUhingtlm 98 t 74
STI PERMANEN INJUCTON - 9 (20 ) 22D-6)5(
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 10 of 16Case 205-cv-00265-TSZ Document 65 Filed 02082006 Page 10 of 16
One hundrd eighty (180) days afer the date of entry of ths Orer each defendt
shall provide a wrtten reor to the FTC sworn to 11er penty of peury settg fort in detail
the maer and fonn in which they have complied and arc complyig with ths Orer Ts
report shall includc but not be limited to
The thcn-cwent resdence addrss mailng addresses an telephone
number of the defendant
The then-curent emloyment and business addresses and telephone
number of the defendant a description of the business activities of each such employer
or buines and the title and resonsibilties of the defendat for eah such employer or
business
A copy of each acknowledgment of receipt of ths Orer obtaed pmsuant
to Section XI of this Orer and
Any other chaes reuird to be rerted under Section IXA of ths
Order
For the purposes ofthis Order defenants shal uness otherse diected by the
CoisAion s authorized reresetatives majl aU wrtten notifications to the CQmmssion to
Associate Director of Enforcement Federal Trade Commission 601 New Jersey Ave N
Washion DC 20001 Re FT v American Business SolutiolL C05-0265 TSZ
FQr pU1oses of the rompliance reorting and monitoring reuired by th Order
the Commission is authorized to communicate directly with defendants
X COMPLlACE MONITORIG
IT IS FUTHER ORDERED that for the purpose of monitorig and investigatng
compliace with any provision of ths Orer
Within ten (10) days ofrcceipt of wrtten Ilotice from a representave of the
26 Commission each defendant shan submit aditional wrtten report sworn to under penalty of
27 perjury produce documents for inspection and copying appem- for deposjtQIJ andor provide
entr durng normal bl)sines$ hOUTS to any US bus-iness lQcation in such defendat s possess-ion
FEDERAL TRADE OOMMJ$$10N915 Second Ave- SI) 28
Btllc Wasllington 98174STI PERMNT INJUCTION T 10 (206) 220-350
~~~ ~~~~~~~
Document 668 Document 55 Wif6 Ffj~ftJ Wf
or djr or indirect control to inspect th business operation
In addition the Commssion is authorized to monitor compliance with ths Orer
by all other lawfl mea including but not limted to the foUowing
t Obtaining discovery from any perso without furter leave of cour using
the procedures prescrbed by Fed R Cjy P 30 31 33 34 36 and 45 and
Posing as ooSumer and supplier to defendats defendants employe
or any other entity managed or controlled in whole or in par by defendants without the
necessity of identification or prior notice
Defendants shan pennit representives of the Commission to interew any
10 employer consultat independent oontrllctr represetative agent or emloyee who has agred
to such an interew relating in any way to any conduct subject to tIis Order Th peron
interviewed may have counsl prsent
Pruvided howevr tht nothing in ths Orer sh limit the Comssion lawf use
compulsty pross purua to S tion 9 an 20 of the FTC Act 15 D C 49 and 57b-J
to obtai any documentar material tangible things testony or information relevant to unfair
or deceptive acts 01 practices in or affectig commere (with the meag of 15
45(a)(1))
XI RECORD KEEPING
IT IS FUTHER ORDER that for a peod of eight (8) yea frm the date of entr
of th Orer defendants in connection with any business wher (1) either defendant is the
majority owner or directly or indirtly manages or controls the business and (2) the business is
engaged in telemketing to US residents or in asstng others engaged in said business ar
hereby restrained and enjoined frm faiing to create and retai the following records
Accounting records that reflect the co of goods or services sold revenues
genered and the disburment of such revenu
Personnel reds accurately reflecting the nae addres and telephone nwnber
of each pern employe in any capacity by such business including as an independent
contrctor that person s job title or position the date upon which the person commened work
FEEv TRAE COMMJ$$ION Jld AIe Suo 1896
SeanJeo Wa hin an 98174 STIP PERMNT INJUCTION - (206) 220-350
~~~
Case 205-cv-00265- TSZ Document 66 02092006Case 205-cv-00265- T$Z Document 65 02082006fl e
and the date and re for the peron terintio if applicable
C Cutomer files contaig the naes addresse telephone number dollar
amounts paid quantity of item or serices plIhased and descrption of items or servces
purased to the exent such inonnation is obtained in the ordinar coure of busness
D ComplaitS an refud requests (whether reeived directly indiectly or though
any thd par) and any resonses to those complaints or reuests
E Copies of all sales scrits trainig materials advertsements or other maketing
mateals and
AU records an documents necessar to demonstrte ful compliance with eah
10 provision of this Order inoluding but not limited to copies ofacknowledgments of reeipt oftbs
Order reired by Section Xl of this Order and all reports submitted to the FTC pursuant to
Section X oftbis Order
XU DISTRIBUTON OF ORDER BY DEFENDANS
IT IS FURTHER ORDERED tht for a perod offiVe (5) yea nom the date of entr
of ths Ord defendants sha deliver copies of this Order as dircted below
For any business that defendant Kelly Nguye Or Mi Tam Vo contrls directly
or indirectly or in wJch either has a majority ownership interest said defendat must deliver a
copy of this Order to all principals) officer directors and managers ofthat business Said
fendat must also deliver copies of ths Order to all employees agents and reresentatives
20 tht business who engage in cOtdud related to the subject matter altbis Order FQr curt perlUel deliver shaU be within five (5) days of seice of this Order upo defendant For new
22 pesonnl) delivery ampbU Qccur prior to them assuming their responsibilties
For any business wher defendant Kelly Nguen or Minh Tam V 0 is not a
contrllng person of Ii business but otherise enes ir conduct related to the subject matt of
this Order said defendt must deliver a copy of this Order to al principals and magers of
fore engang in such conduct and
Defendants must secure a signed and date statement acknowledging reeipt of
this Orer withn thrty (30) days of delivel) from all persons receiving a copy of the Orer
such business
FEDERL TRDt (OMMISJON91S SCId AiC SII 2896
Sctt WMninglon 98174 STP PERMNENT INJUNCTION - (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 13 of 16Case 205-cv-00265 TSZ Document 65 Filed 02082006 Page 13 of 16
pursuat to ths Secon
Xlll ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANS
IT IS FUTHER ORDERED that ea defendat with five (5) businss days of
reipt of this Order as entered by the Cour must submi110 the Common a trthl sworn
statement acknowledgi rept of this Order
XIV COOPERATION WITH FlC COUNSEL
IT IS FUTHER ORDERED tht defendants shall I in contion wi ths action or
any ubseuent investigations related to Dr associated with the tnsactions or the oecences
that ar the subject of the FTC s Comphrlnt coperate in good faith with the FTC and appear or
10 cause their offcers employees repsentatives or agents to appea at 8lch place and times
the FTC shall reasably request af wrtten notice for intervi confrenes pretral
discovery revicw of documents and for such other matters as may be renably reuire by the
FTC If requested in wrti by the FrC defenants shal appea or CHUse their offce 14 employees reresentaives or agents to appea and provide tmthful testimony in any tral 15 deposition or other proceeding related 10 or associated with the trsactions or the occurrences
16 that are the subject of the Complant without the servce of a subpoen
xv INDEPENDENCE OF OBLIGATIONS
IT IS FUTHER ORDERED that the provisions of this Order are separte and
19 severble from one another If any provision exires is stayed or is detined to be invalid the
20 reai prvisions shal remain in full forcc and effect
XVI RETENTION OF JUSDICTION
IT IS FURTHER ORDERED tht ths Cour shall reai jursdiction ofthis maer for
purses of constrction modification and enforcement oethis Oner
rofiVER TRADE COMMISSION915 Second Ave Suo Zg96 SeaLtJ WBlhinf9D 1)$114
STIP- pERANENT INflCIIQN 13 (106) 210-3
Case 2 05-cv-00265- TSZ Document 66 Filed 02092006 Page 14 of 16Case 205-v-Q0265- TSZ Document 65 Filed 02082006 Page of 1614
SO ORDERE this 2006
UNED STATES DISTRICT JUGE
Attrney for Plaintiff13 Federal Trade Commission
peJ)8RAL TRADE COMMISSION 91S Su 2S Seatte Wasbingto 98174
STIr PERMNEN INJUClON J4 (206) 220-635Q
--
r-----shy
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 15 of 16Case 205-cv-00265- TSZ Document 65 021082006 Page 15 of 16Filed
KEL ndiVidUaIlY 1260 Cragfower Road Victoria British Columbia Canda
4 -250-380-3898
ProSe
MIN TAM vu WOlVld aUy
1260 Craigflower Road Victoria British Columbia Cada 250-380-3898
Pro Se
fIUF-RAt TRAECOMMIS$JON IS Se=n Ave Suo 28
It1 WhinglDn 98114STlP- PERMANENT INJUNCTION - 15 (206) 120-650
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 9 of 16Case 205-cv-00265- TSZ Document 65 Filed 02082006 Page 9 of 16
IX COMPLIACE REPORTING BY DEFENDANS
lT IS FURTHER ORDERED that in order that compliane with the provisions of ths
Orer may be monitored
For a perod of fie (5) yem frm the date of entry of ths Orer eah defendan
shall notifY the Commission ofthc following
Any changes in residence maling adeases and telephone numbe of
the dcfendant within te (10) days of the date of such change
Any changes in employment stas (inluding self-emlo)lent) ofthc
defendant and any change in the ownership of the defendant in any business entity
within ten (10) days of the date of such change Such notice sha include the name and
addrss of each business that tbe defendat is afliated with employe by creates or
fonns orperonns servces for a sttement of the natue of the busines and a staent of the defenans duties and responsibilities in coection with the business or
empIO)ent
Any chanes in the defendant nae or use of any aliases or fictitious
names and
Any chanes in the corprate structure of any business entity that
defendant directly or indiretly cotrols or has an ownership interest in that may affect
copliance obligations arsing under ths Order includng but not limited to a
dissolution asignent sale merer or other action that would relt in the emergence of
a succesor entity the creation or disolution of a subsidiar part 01 afliate that
engages in any acts or practices snbject to thi Order the fiing of a banptcy petition
or a change in the corporate nae an address at leas th (30) days prior to such
change provided tht with respect to any proposed change in the corporation abut which the defendant leas IB$$ than Lhirt (30) days prior to tbe date such action is to
tae place defendant shalt notify tho Commission as soon 88 practicable after obtajning
sutih knowledge
FEDERAL TRE COMMISSION )lS Second Ave Suo 2896 ampattc WlUhingtlm 98 t 74
STI PERMANEN INJUCTON - 9 (20 ) 22D-6)5(
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 10 of 16Case 205-cv-00265-TSZ Document 65 Filed 02082006 Page 10 of 16
One hundrd eighty (180) days afer the date of entry of ths Orer each defendt
shall provide a wrtten reor to the FTC sworn to 11er penty of peury settg fort in detail
the maer and fonn in which they have complied and arc complyig with ths Orer Ts
report shall includc but not be limited to
The thcn-cwent resdence addrss mailng addresses an telephone
number of the defendant
The then-curent emloyment and business addresses and telephone
number of the defendant a description of the business activities of each such employer
or buines and the title and resonsibilties of the defendat for eah such employer or
business
A copy of each acknowledgment of receipt of ths Orer obtaed pmsuant
to Section XI of this Orer and
Any other chaes reuird to be rerted under Section IXA of ths
Order
For the purposes ofthis Order defenants shal uness otherse diected by the
CoisAion s authorized reresetatives majl aU wrtten notifications to the CQmmssion to
Associate Director of Enforcement Federal Trade Commission 601 New Jersey Ave N
Washion DC 20001 Re FT v American Business SolutiolL C05-0265 TSZ
FQr pU1oses of the rompliance reorting and monitoring reuired by th Order
the Commission is authorized to communicate directly with defendants
X COMPLlACE MONITORIG
IT IS FUTHER ORDERED that for the purpose of monitorig and investigatng
compliace with any provision of ths Orer
Within ten (10) days ofrcceipt of wrtten Ilotice from a representave of the
26 Commission each defendant shan submit aditional wrtten report sworn to under penalty of
27 perjury produce documents for inspection and copying appem- for deposjtQIJ andor provide
entr durng normal bl)sines$ hOUTS to any US bus-iness lQcation in such defendat s possess-ion
FEDERAL TRADE OOMMJ$$10N915 Second Ave- SI) 28
Btllc Wasllington 98174STI PERMNT INJUCTION T 10 (206) 220-350
~~~ ~~~~~~~
Document 668 Document 55 Wif6 Ffj~ftJ Wf
or djr or indirect control to inspect th business operation
In addition the Commssion is authorized to monitor compliance with ths Orer
by all other lawfl mea including but not limted to the foUowing
t Obtaining discovery from any perso without furter leave of cour using
the procedures prescrbed by Fed R Cjy P 30 31 33 34 36 and 45 and
Posing as ooSumer and supplier to defendats defendants employe
or any other entity managed or controlled in whole or in par by defendants without the
necessity of identification or prior notice
Defendants shan pennit representives of the Commission to interew any
10 employer consultat independent oontrllctr represetative agent or emloyee who has agred
to such an interew relating in any way to any conduct subject to tIis Order Th peron
interviewed may have counsl prsent
Pruvided howevr tht nothing in ths Orer sh limit the Comssion lawf use
compulsty pross purua to S tion 9 an 20 of the FTC Act 15 D C 49 and 57b-J
to obtai any documentar material tangible things testony or information relevant to unfair
or deceptive acts 01 practices in or affectig commere (with the meag of 15
45(a)(1))
XI RECORD KEEPING
IT IS FUTHER ORDER that for a peod of eight (8) yea frm the date of entr
of th Orer defendants in connection with any business wher (1) either defendant is the
majority owner or directly or indirtly manages or controls the business and (2) the business is
engaged in telemketing to US residents or in asstng others engaged in said business ar
hereby restrained and enjoined frm faiing to create and retai the following records
Accounting records that reflect the co of goods or services sold revenues
genered and the disburment of such revenu
Personnel reds accurately reflecting the nae addres and telephone nwnber
of each pern employe in any capacity by such business including as an independent
contrctor that person s job title or position the date upon which the person commened work
FEEv TRAE COMMJ$$ION Jld AIe Suo 1896
SeanJeo Wa hin an 98174 STIP PERMNT INJUCTION - (206) 220-350
~~~
Case 205-cv-00265- TSZ Document 66 02092006Case 205-cv-00265- T$Z Document 65 02082006fl e
and the date and re for the peron terintio if applicable
C Cutomer files contaig the naes addresse telephone number dollar
amounts paid quantity of item or serices plIhased and descrption of items or servces
purased to the exent such inonnation is obtained in the ordinar coure of busness
D ComplaitS an refud requests (whether reeived directly indiectly or though
any thd par) and any resonses to those complaints or reuests
E Copies of all sales scrits trainig materials advertsements or other maketing
mateals and
AU records an documents necessar to demonstrte ful compliance with eah
10 provision of this Order inoluding but not limited to copies ofacknowledgments of reeipt oftbs
Order reired by Section Xl of this Order and all reports submitted to the FTC pursuant to
Section X oftbis Order
XU DISTRIBUTON OF ORDER BY DEFENDANS
IT IS FURTHER ORDERED tht for a perod offiVe (5) yea nom the date of entr
of ths Ord defendants sha deliver copies of this Order as dircted below
For any business that defendant Kelly Nguye Or Mi Tam Vo contrls directly
or indirectly or in wJch either has a majority ownership interest said defendat must deliver a
copy of this Order to all principals) officer directors and managers ofthat business Said
fendat must also deliver copies of ths Order to all employees agents and reresentatives
20 tht business who engage in cOtdud related to the subject matter altbis Order FQr curt perlUel deliver shaU be within five (5) days of seice of this Order upo defendant For new
22 pesonnl) delivery ampbU Qccur prior to them assuming their responsibilties
For any business wher defendant Kelly Nguen or Minh Tam V 0 is not a
contrllng person of Ii business but otherise enes ir conduct related to the subject matt of
this Order said defendt must deliver a copy of this Order to al principals and magers of
fore engang in such conduct and
Defendants must secure a signed and date statement acknowledging reeipt of
this Orer withn thrty (30) days of delivel) from all persons receiving a copy of the Orer
such business
FEDERL TRDt (OMMISJON91S SCId AiC SII 2896
Sctt WMninglon 98174 STP PERMNENT INJUNCTION - (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 13 of 16Case 205-cv-00265 TSZ Document 65 Filed 02082006 Page 13 of 16
pursuat to ths Secon
Xlll ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANS
IT IS FUTHER ORDERED that ea defendat with five (5) businss days of
reipt of this Order as entered by the Cour must submi110 the Common a trthl sworn
statement acknowledgi rept of this Order
XIV COOPERATION WITH FlC COUNSEL
IT IS FUTHER ORDERED tht defendants shall I in contion wi ths action or
any ubseuent investigations related to Dr associated with the tnsactions or the oecences
that ar the subject of the FTC s Comphrlnt coperate in good faith with the FTC and appear or
10 cause their offcers employees repsentatives or agents to appea at 8lch place and times
the FTC shall reasably request af wrtten notice for intervi confrenes pretral
discovery revicw of documents and for such other matters as may be renably reuire by the
FTC If requested in wrti by the FrC defenants shal appea or CHUse their offce 14 employees reresentaives or agents to appea and provide tmthful testimony in any tral 15 deposition or other proceeding related 10 or associated with the trsactions or the occurrences
16 that are the subject of the Complant without the servce of a subpoen
xv INDEPENDENCE OF OBLIGATIONS
IT IS FUTHER ORDERED that the provisions of this Order are separte and
19 severble from one another If any provision exires is stayed or is detined to be invalid the
20 reai prvisions shal remain in full forcc and effect
XVI RETENTION OF JUSDICTION
IT IS FURTHER ORDERED tht ths Cour shall reai jursdiction ofthis maer for
purses of constrction modification and enforcement oethis Oner
rofiVER TRADE COMMISSION915 Second Ave Suo Zg96 SeaLtJ WBlhinf9D 1)$114
STIP- pERANENT INflCIIQN 13 (106) 210-3
Case 2 05-cv-00265- TSZ Document 66 Filed 02092006 Page 14 of 16Case 205-v-Q0265- TSZ Document 65 Filed 02082006 Page of 1614
SO ORDERE this 2006
UNED STATES DISTRICT JUGE
Attrney for Plaintiff13 Federal Trade Commission
peJ)8RAL TRADE COMMISSION 91S Su 2S Seatte Wasbingto 98174
STIr PERMNEN INJUClON J4 (206) 220-635Q
--
r-----shy
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 15 of 16Case 205-cv-00265- TSZ Document 65 021082006 Page 15 of 16Filed
KEL ndiVidUaIlY 1260 Cragfower Road Victoria British Columbia Canda
4 -250-380-3898
ProSe
MIN TAM vu WOlVld aUy
1260 Craigflower Road Victoria British Columbia Cada 250-380-3898
Pro Se
fIUF-RAt TRAECOMMIS$JON IS Se=n Ave Suo 28
It1 WhinglDn 98114STlP- PERMANENT INJUNCTION - 15 (206) 120-650
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 10 of 16Case 205-cv-00265-TSZ Document 65 Filed 02082006 Page 10 of 16
One hundrd eighty (180) days afer the date of entry of ths Orer each defendt
shall provide a wrtten reor to the FTC sworn to 11er penty of peury settg fort in detail
the maer and fonn in which they have complied and arc complyig with ths Orer Ts
report shall includc but not be limited to
The thcn-cwent resdence addrss mailng addresses an telephone
number of the defendant
The then-curent emloyment and business addresses and telephone
number of the defendant a description of the business activities of each such employer
or buines and the title and resonsibilties of the defendat for eah such employer or
business
A copy of each acknowledgment of receipt of ths Orer obtaed pmsuant
to Section XI of this Orer and
Any other chaes reuird to be rerted under Section IXA of ths
Order
For the purposes ofthis Order defenants shal uness otherse diected by the
CoisAion s authorized reresetatives majl aU wrtten notifications to the CQmmssion to
Associate Director of Enforcement Federal Trade Commission 601 New Jersey Ave N
Washion DC 20001 Re FT v American Business SolutiolL C05-0265 TSZ
FQr pU1oses of the rompliance reorting and monitoring reuired by th Order
the Commission is authorized to communicate directly with defendants
X COMPLlACE MONITORIG
IT IS FUTHER ORDERED that for the purpose of monitorig and investigatng
compliace with any provision of ths Orer
Within ten (10) days ofrcceipt of wrtten Ilotice from a representave of the
26 Commission each defendant shan submit aditional wrtten report sworn to under penalty of
27 perjury produce documents for inspection and copying appem- for deposjtQIJ andor provide
entr durng normal bl)sines$ hOUTS to any US bus-iness lQcation in such defendat s possess-ion
FEDERAL TRADE OOMMJ$$10N915 Second Ave- SI) 28
Btllc Wasllington 98174STI PERMNT INJUCTION T 10 (206) 220-350
~~~ ~~~~~~~
Document 668 Document 55 Wif6 Ffj~ftJ Wf
or djr or indirect control to inspect th business operation
In addition the Commssion is authorized to monitor compliance with ths Orer
by all other lawfl mea including but not limted to the foUowing
t Obtaining discovery from any perso without furter leave of cour using
the procedures prescrbed by Fed R Cjy P 30 31 33 34 36 and 45 and
Posing as ooSumer and supplier to defendats defendants employe
or any other entity managed or controlled in whole or in par by defendants without the
necessity of identification or prior notice
Defendants shan pennit representives of the Commission to interew any
10 employer consultat independent oontrllctr represetative agent or emloyee who has agred
to such an interew relating in any way to any conduct subject to tIis Order Th peron
interviewed may have counsl prsent
Pruvided howevr tht nothing in ths Orer sh limit the Comssion lawf use
compulsty pross purua to S tion 9 an 20 of the FTC Act 15 D C 49 and 57b-J
to obtai any documentar material tangible things testony or information relevant to unfair
or deceptive acts 01 practices in or affectig commere (with the meag of 15
45(a)(1))
XI RECORD KEEPING
IT IS FUTHER ORDER that for a peod of eight (8) yea frm the date of entr
of th Orer defendants in connection with any business wher (1) either defendant is the
majority owner or directly or indirtly manages or controls the business and (2) the business is
engaged in telemketing to US residents or in asstng others engaged in said business ar
hereby restrained and enjoined frm faiing to create and retai the following records
Accounting records that reflect the co of goods or services sold revenues
genered and the disburment of such revenu
Personnel reds accurately reflecting the nae addres and telephone nwnber
of each pern employe in any capacity by such business including as an independent
contrctor that person s job title or position the date upon which the person commened work
FEEv TRAE COMMJ$$ION Jld AIe Suo 1896
SeanJeo Wa hin an 98174 STIP PERMNT INJUCTION - (206) 220-350
~~~
Case 205-cv-00265- TSZ Document 66 02092006Case 205-cv-00265- T$Z Document 65 02082006fl e
and the date and re for the peron terintio if applicable
C Cutomer files contaig the naes addresse telephone number dollar
amounts paid quantity of item or serices plIhased and descrption of items or servces
purased to the exent such inonnation is obtained in the ordinar coure of busness
D ComplaitS an refud requests (whether reeived directly indiectly or though
any thd par) and any resonses to those complaints or reuests
E Copies of all sales scrits trainig materials advertsements or other maketing
mateals and
AU records an documents necessar to demonstrte ful compliance with eah
10 provision of this Order inoluding but not limited to copies ofacknowledgments of reeipt oftbs
Order reired by Section Xl of this Order and all reports submitted to the FTC pursuant to
Section X oftbis Order
XU DISTRIBUTON OF ORDER BY DEFENDANS
IT IS FURTHER ORDERED tht for a perod offiVe (5) yea nom the date of entr
of ths Ord defendants sha deliver copies of this Order as dircted below
For any business that defendant Kelly Nguye Or Mi Tam Vo contrls directly
or indirectly or in wJch either has a majority ownership interest said defendat must deliver a
copy of this Order to all principals) officer directors and managers ofthat business Said
fendat must also deliver copies of ths Order to all employees agents and reresentatives
20 tht business who engage in cOtdud related to the subject matter altbis Order FQr curt perlUel deliver shaU be within five (5) days of seice of this Order upo defendant For new
22 pesonnl) delivery ampbU Qccur prior to them assuming their responsibilties
For any business wher defendant Kelly Nguen or Minh Tam V 0 is not a
contrllng person of Ii business but otherise enes ir conduct related to the subject matt of
this Order said defendt must deliver a copy of this Order to al principals and magers of
fore engang in such conduct and
Defendants must secure a signed and date statement acknowledging reeipt of
this Orer withn thrty (30) days of delivel) from all persons receiving a copy of the Orer
such business
FEDERL TRDt (OMMISJON91S SCId AiC SII 2896
Sctt WMninglon 98174 STP PERMNENT INJUNCTION - (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 13 of 16Case 205-cv-00265 TSZ Document 65 Filed 02082006 Page 13 of 16
pursuat to ths Secon
Xlll ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANS
IT IS FUTHER ORDERED that ea defendat with five (5) businss days of
reipt of this Order as entered by the Cour must submi110 the Common a trthl sworn
statement acknowledgi rept of this Order
XIV COOPERATION WITH FlC COUNSEL
IT IS FUTHER ORDERED tht defendants shall I in contion wi ths action or
any ubseuent investigations related to Dr associated with the tnsactions or the oecences
that ar the subject of the FTC s Comphrlnt coperate in good faith with the FTC and appear or
10 cause their offcers employees repsentatives or agents to appea at 8lch place and times
the FTC shall reasably request af wrtten notice for intervi confrenes pretral
discovery revicw of documents and for such other matters as may be renably reuire by the
FTC If requested in wrti by the FrC defenants shal appea or CHUse their offce 14 employees reresentaives or agents to appea and provide tmthful testimony in any tral 15 deposition or other proceeding related 10 or associated with the trsactions or the occurrences
16 that are the subject of the Complant without the servce of a subpoen
xv INDEPENDENCE OF OBLIGATIONS
IT IS FUTHER ORDERED that the provisions of this Order are separte and
19 severble from one another If any provision exires is stayed or is detined to be invalid the
20 reai prvisions shal remain in full forcc and effect
XVI RETENTION OF JUSDICTION
IT IS FURTHER ORDERED tht ths Cour shall reai jursdiction ofthis maer for
purses of constrction modification and enforcement oethis Oner
rofiVER TRADE COMMISSION915 Second Ave Suo Zg96 SeaLtJ WBlhinf9D 1)$114
STIP- pERANENT INflCIIQN 13 (106) 210-3
Case 2 05-cv-00265- TSZ Document 66 Filed 02092006 Page 14 of 16Case 205-v-Q0265- TSZ Document 65 Filed 02082006 Page of 1614
SO ORDERE this 2006
UNED STATES DISTRICT JUGE
Attrney for Plaintiff13 Federal Trade Commission
peJ)8RAL TRADE COMMISSION 91S Su 2S Seatte Wasbingto 98174
STIr PERMNEN INJUClON J4 (206) 220-635Q
--
r-----shy
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 15 of 16Case 205-cv-00265- TSZ Document 65 021082006 Page 15 of 16Filed
KEL ndiVidUaIlY 1260 Cragfower Road Victoria British Columbia Canda
4 -250-380-3898
ProSe
MIN TAM vu WOlVld aUy
1260 Craigflower Road Victoria British Columbia Cada 250-380-3898
Pro Se
fIUF-RAt TRAECOMMIS$JON IS Se=n Ave Suo 28
It1 WhinglDn 98114STlP- PERMANENT INJUNCTION - 15 (206) 120-650
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion
~~~ ~~~~~~~
Document 668 Document 55 Wif6 Ffj~ftJ Wf
or djr or indirect control to inspect th business operation
In addition the Commssion is authorized to monitor compliance with ths Orer
by all other lawfl mea including but not limted to the foUowing
t Obtaining discovery from any perso without furter leave of cour using
the procedures prescrbed by Fed R Cjy P 30 31 33 34 36 and 45 and
Posing as ooSumer and supplier to defendats defendants employe
or any other entity managed or controlled in whole or in par by defendants without the
necessity of identification or prior notice
Defendants shan pennit representives of the Commission to interew any
10 employer consultat independent oontrllctr represetative agent or emloyee who has agred
to such an interew relating in any way to any conduct subject to tIis Order Th peron
interviewed may have counsl prsent
Pruvided howevr tht nothing in ths Orer sh limit the Comssion lawf use
compulsty pross purua to S tion 9 an 20 of the FTC Act 15 D C 49 and 57b-J
to obtai any documentar material tangible things testony or information relevant to unfair
or deceptive acts 01 practices in or affectig commere (with the meag of 15
45(a)(1))
XI RECORD KEEPING
IT IS FUTHER ORDER that for a peod of eight (8) yea frm the date of entr
of th Orer defendants in connection with any business wher (1) either defendant is the
majority owner or directly or indirtly manages or controls the business and (2) the business is
engaged in telemketing to US residents or in asstng others engaged in said business ar
hereby restrained and enjoined frm faiing to create and retai the following records
Accounting records that reflect the co of goods or services sold revenues
genered and the disburment of such revenu
Personnel reds accurately reflecting the nae addres and telephone nwnber
of each pern employe in any capacity by such business including as an independent
contrctor that person s job title or position the date upon which the person commened work
FEEv TRAE COMMJ$$ION Jld AIe Suo 1896
SeanJeo Wa hin an 98174 STIP PERMNT INJUCTION - (206) 220-350
~~~
Case 205-cv-00265- TSZ Document 66 02092006Case 205-cv-00265- T$Z Document 65 02082006fl e
and the date and re for the peron terintio if applicable
C Cutomer files contaig the naes addresse telephone number dollar
amounts paid quantity of item or serices plIhased and descrption of items or servces
purased to the exent such inonnation is obtained in the ordinar coure of busness
D ComplaitS an refud requests (whether reeived directly indiectly or though
any thd par) and any resonses to those complaints or reuests
E Copies of all sales scrits trainig materials advertsements or other maketing
mateals and
AU records an documents necessar to demonstrte ful compliance with eah
10 provision of this Order inoluding but not limited to copies ofacknowledgments of reeipt oftbs
Order reired by Section Xl of this Order and all reports submitted to the FTC pursuant to
Section X oftbis Order
XU DISTRIBUTON OF ORDER BY DEFENDANS
IT IS FURTHER ORDERED tht for a perod offiVe (5) yea nom the date of entr
of ths Ord defendants sha deliver copies of this Order as dircted below
For any business that defendant Kelly Nguye Or Mi Tam Vo contrls directly
or indirectly or in wJch either has a majority ownership interest said defendat must deliver a
copy of this Order to all principals) officer directors and managers ofthat business Said
fendat must also deliver copies of ths Order to all employees agents and reresentatives
20 tht business who engage in cOtdud related to the subject matter altbis Order FQr curt perlUel deliver shaU be within five (5) days of seice of this Order upo defendant For new
22 pesonnl) delivery ampbU Qccur prior to them assuming their responsibilties
For any business wher defendant Kelly Nguen or Minh Tam V 0 is not a
contrllng person of Ii business but otherise enes ir conduct related to the subject matt of
this Order said defendt must deliver a copy of this Order to al principals and magers of
fore engang in such conduct and
Defendants must secure a signed and date statement acknowledging reeipt of
this Orer withn thrty (30) days of delivel) from all persons receiving a copy of the Orer
such business
FEDERL TRDt (OMMISJON91S SCId AiC SII 2896
Sctt WMninglon 98174 STP PERMNENT INJUNCTION - (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 13 of 16Case 205-cv-00265 TSZ Document 65 Filed 02082006 Page 13 of 16
pursuat to ths Secon
Xlll ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANS
IT IS FUTHER ORDERED that ea defendat with five (5) businss days of
reipt of this Order as entered by the Cour must submi110 the Common a trthl sworn
statement acknowledgi rept of this Order
XIV COOPERATION WITH FlC COUNSEL
IT IS FUTHER ORDERED tht defendants shall I in contion wi ths action or
any ubseuent investigations related to Dr associated with the tnsactions or the oecences
that ar the subject of the FTC s Comphrlnt coperate in good faith with the FTC and appear or
10 cause their offcers employees repsentatives or agents to appea at 8lch place and times
the FTC shall reasably request af wrtten notice for intervi confrenes pretral
discovery revicw of documents and for such other matters as may be renably reuire by the
FTC If requested in wrti by the FrC defenants shal appea or CHUse their offce 14 employees reresentaives or agents to appea and provide tmthful testimony in any tral 15 deposition or other proceeding related 10 or associated with the trsactions or the occurrences
16 that are the subject of the Complant without the servce of a subpoen
xv INDEPENDENCE OF OBLIGATIONS
IT IS FUTHER ORDERED that the provisions of this Order are separte and
19 severble from one another If any provision exires is stayed or is detined to be invalid the
20 reai prvisions shal remain in full forcc and effect
XVI RETENTION OF JUSDICTION
IT IS FURTHER ORDERED tht ths Cour shall reai jursdiction ofthis maer for
purses of constrction modification and enforcement oethis Oner
rofiVER TRADE COMMISSION915 Second Ave Suo Zg96 SeaLtJ WBlhinf9D 1)$114
STIP- pERANENT INflCIIQN 13 (106) 210-3
Case 2 05-cv-00265- TSZ Document 66 Filed 02092006 Page 14 of 16Case 205-v-Q0265- TSZ Document 65 Filed 02082006 Page of 1614
SO ORDERE this 2006
UNED STATES DISTRICT JUGE
Attrney for Plaintiff13 Federal Trade Commission
peJ)8RAL TRADE COMMISSION 91S Su 2S Seatte Wasbingto 98174
STIr PERMNEN INJUClON J4 (206) 220-635Q
--
r-----shy
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 15 of 16Case 205-cv-00265- TSZ Document 65 021082006 Page 15 of 16Filed
KEL ndiVidUaIlY 1260 Cragfower Road Victoria British Columbia Canda
4 -250-380-3898
ProSe
MIN TAM vu WOlVld aUy
1260 Craigflower Road Victoria British Columbia Cada 250-380-3898
Pro Se
fIUF-RAt TRAECOMMIS$JON IS Se=n Ave Suo 28
It1 WhinglDn 98114STlP- PERMANENT INJUNCTION - 15 (206) 120-650
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion
~~~
Case 205-cv-00265- TSZ Document 66 02092006Case 205-cv-00265- T$Z Document 65 02082006fl e
and the date and re for the peron terintio if applicable
C Cutomer files contaig the naes addresse telephone number dollar
amounts paid quantity of item or serices plIhased and descrption of items or servces
purased to the exent such inonnation is obtained in the ordinar coure of busness
D ComplaitS an refud requests (whether reeived directly indiectly or though
any thd par) and any resonses to those complaints or reuests
E Copies of all sales scrits trainig materials advertsements or other maketing
mateals and
AU records an documents necessar to demonstrte ful compliance with eah
10 provision of this Order inoluding but not limited to copies ofacknowledgments of reeipt oftbs
Order reired by Section Xl of this Order and all reports submitted to the FTC pursuant to
Section X oftbis Order
XU DISTRIBUTON OF ORDER BY DEFENDANS
IT IS FURTHER ORDERED tht for a perod offiVe (5) yea nom the date of entr
of ths Ord defendants sha deliver copies of this Order as dircted below
For any business that defendant Kelly Nguye Or Mi Tam Vo contrls directly
or indirectly or in wJch either has a majority ownership interest said defendat must deliver a
copy of this Order to all principals) officer directors and managers ofthat business Said
fendat must also deliver copies of ths Order to all employees agents and reresentatives
20 tht business who engage in cOtdud related to the subject matter altbis Order FQr curt perlUel deliver shaU be within five (5) days of seice of this Order upo defendant For new
22 pesonnl) delivery ampbU Qccur prior to them assuming their responsibilties
For any business wher defendant Kelly Nguen or Minh Tam V 0 is not a
contrllng person of Ii business but otherise enes ir conduct related to the subject matt of
this Order said defendt must deliver a copy of this Order to al principals and magers of
fore engang in such conduct and
Defendants must secure a signed and date statement acknowledging reeipt of
this Orer withn thrty (30) days of delivel) from all persons receiving a copy of the Orer
such business
FEDERL TRDt (OMMISJON91S SCId AiC SII 2896
Sctt WMninglon 98174 STP PERMNENT INJUNCTION - (206) 220-6350
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 13 of 16Case 205-cv-00265 TSZ Document 65 Filed 02082006 Page 13 of 16
pursuat to ths Secon
Xlll ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANS
IT IS FUTHER ORDERED that ea defendat with five (5) businss days of
reipt of this Order as entered by the Cour must submi110 the Common a trthl sworn
statement acknowledgi rept of this Order
XIV COOPERATION WITH FlC COUNSEL
IT IS FUTHER ORDERED tht defendants shall I in contion wi ths action or
any ubseuent investigations related to Dr associated with the tnsactions or the oecences
that ar the subject of the FTC s Comphrlnt coperate in good faith with the FTC and appear or
10 cause their offcers employees repsentatives or agents to appea at 8lch place and times
the FTC shall reasably request af wrtten notice for intervi confrenes pretral
discovery revicw of documents and for such other matters as may be renably reuire by the
FTC If requested in wrti by the FrC defenants shal appea or CHUse their offce 14 employees reresentaives or agents to appea and provide tmthful testimony in any tral 15 deposition or other proceeding related 10 or associated with the trsactions or the occurrences
16 that are the subject of the Complant without the servce of a subpoen
xv INDEPENDENCE OF OBLIGATIONS
IT IS FUTHER ORDERED that the provisions of this Order are separte and
19 severble from one another If any provision exires is stayed or is detined to be invalid the
20 reai prvisions shal remain in full forcc and effect
XVI RETENTION OF JUSDICTION
IT IS FURTHER ORDERED tht ths Cour shall reai jursdiction ofthis maer for
purses of constrction modification and enforcement oethis Oner
rofiVER TRADE COMMISSION915 Second Ave Suo Zg96 SeaLtJ WBlhinf9D 1)$114
STIP- pERANENT INflCIIQN 13 (106) 210-3
Case 2 05-cv-00265- TSZ Document 66 Filed 02092006 Page 14 of 16Case 205-v-Q0265- TSZ Document 65 Filed 02082006 Page of 1614
SO ORDERE this 2006
UNED STATES DISTRICT JUGE
Attrney for Plaintiff13 Federal Trade Commission
peJ)8RAL TRADE COMMISSION 91S Su 2S Seatte Wasbingto 98174
STIr PERMNEN INJUClON J4 (206) 220-635Q
--
r-----shy
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 15 of 16Case 205-cv-00265- TSZ Document 65 021082006 Page 15 of 16Filed
KEL ndiVidUaIlY 1260 Cragfower Road Victoria British Columbia Canda
4 -250-380-3898
ProSe
MIN TAM vu WOlVld aUy
1260 Craigflower Road Victoria British Columbia Cada 250-380-3898
Pro Se
fIUF-RAt TRAECOMMIS$JON IS Se=n Ave Suo 28
It1 WhinglDn 98114STlP- PERMANENT INJUNCTION - 15 (206) 120-650
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 13 of 16Case 205-cv-00265 TSZ Document 65 Filed 02082006 Page 13 of 16
pursuat to ths Secon
Xlll ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANS
IT IS FUTHER ORDERED that ea defendat with five (5) businss days of
reipt of this Order as entered by the Cour must submi110 the Common a trthl sworn
statement acknowledgi rept of this Order
XIV COOPERATION WITH FlC COUNSEL
IT IS FUTHER ORDERED tht defendants shall I in contion wi ths action or
any ubseuent investigations related to Dr associated with the tnsactions or the oecences
that ar the subject of the FTC s Comphrlnt coperate in good faith with the FTC and appear or
10 cause their offcers employees repsentatives or agents to appea at 8lch place and times
the FTC shall reasably request af wrtten notice for intervi confrenes pretral
discovery revicw of documents and for such other matters as may be renably reuire by the
FTC If requested in wrti by the FrC defenants shal appea or CHUse their offce 14 employees reresentaives or agents to appea and provide tmthful testimony in any tral 15 deposition or other proceeding related 10 or associated with the trsactions or the occurrences
16 that are the subject of the Complant without the servce of a subpoen
xv INDEPENDENCE OF OBLIGATIONS
IT IS FUTHER ORDERED that the provisions of this Order are separte and
19 severble from one another If any provision exires is stayed or is detined to be invalid the
20 reai prvisions shal remain in full forcc and effect
XVI RETENTION OF JUSDICTION
IT IS FURTHER ORDERED tht ths Cour shall reai jursdiction ofthis maer for
purses of constrction modification and enforcement oethis Oner
rofiVER TRADE COMMISSION915 Second Ave Suo Zg96 SeaLtJ WBlhinf9D 1)$114
STIP- pERANENT INflCIIQN 13 (106) 210-3
Case 2 05-cv-00265- TSZ Document 66 Filed 02092006 Page 14 of 16Case 205-v-Q0265- TSZ Document 65 Filed 02082006 Page of 1614
SO ORDERE this 2006
UNED STATES DISTRICT JUGE
Attrney for Plaintiff13 Federal Trade Commission
peJ)8RAL TRADE COMMISSION 91S Su 2S Seatte Wasbingto 98174
STIr PERMNEN INJUClON J4 (206) 220-635Q
--
r-----shy
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 15 of 16Case 205-cv-00265- TSZ Document 65 021082006 Page 15 of 16Filed
KEL ndiVidUaIlY 1260 Cragfower Road Victoria British Columbia Canda
4 -250-380-3898
ProSe
MIN TAM vu WOlVld aUy
1260 Craigflower Road Victoria British Columbia Cada 250-380-3898
Pro Se
fIUF-RAt TRAECOMMIS$JON IS Se=n Ave Suo 28
It1 WhinglDn 98114STlP- PERMANENT INJUNCTION - 15 (206) 120-650
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion
Case 2 05-cv-00265- TSZ Document 66 Filed 02092006 Page 14 of 16Case 205-v-Q0265- TSZ Document 65 Filed 02082006 Page of 1614
SO ORDERE this 2006
UNED STATES DISTRICT JUGE
Attrney for Plaintiff13 Federal Trade Commission
peJ)8RAL TRADE COMMISSION 91S Su 2S Seatte Wasbingto 98174
STIr PERMNEN INJUClON J4 (206) 220-635Q
--
r-----shy
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 15 of 16Case 205-cv-00265- TSZ Document 65 021082006 Page 15 of 16Filed
KEL ndiVidUaIlY 1260 Cragfower Road Victoria British Columbia Canda
4 -250-380-3898
ProSe
MIN TAM vu WOlVld aUy
1260 Craigflower Road Victoria British Columbia Cada 250-380-3898
Pro Se
fIUF-RAt TRAECOMMIS$JON IS Se=n Ave Suo 28
It1 WhinglDn 98114STlP- PERMANENT INJUNCTION - 15 (206) 120-650
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion
--
r-----shy
Case 205-cv-00265- TSZ Document 66 Filed 02092006 Page 15 of 16Case 205-cv-00265- TSZ Document 65 021082006 Page 15 of 16Filed
KEL ndiVidUaIlY 1260 Cragfower Road Victoria British Columbia Canda
4 -250-380-3898
ProSe
MIN TAM vu WOlVld aUy
1260 Craigflower Road Victoria British Columbia Cada 250-380-3898
Pro Se
fIUF-RAt TRAECOMMIS$JON IS Se=n Ave Suo 28
It1 WhinglDn 98114STlP- PERMANENT INJUNCTION - 15 (206) 120-650
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion
ase 205-cv-00265-TSZ Document 66 Filed 020920 Page 16 of 16sse 205-cv 00265- TSZ Document 65 0210820 Page 16 of 16Filed
CERTIICATE OF SERVICE
I hereby cerifY tht on Febru 8 2006 I elecnicaHy filed the foregoing Stipulated Final Judgment and Order for Pelmauent Injuncton As to Defendants Kelly Nguyen aDd Minh Tam Yo with the Cler of the Cour Uamping the CMJCF System which wi)l send
4 notification of such filing to the following
Jeffty 1 Tilden Danel S Houser Gordon MUlIIY Tilden 1001 FourtAvenue Suite 4000 Seattle WA98154-I007 Attorney for Defendants Cor Komel5on 1 and Byron Steczko
Kelly Nguen 10 Min Ta1
Amercan Business Solution11 1260 Cragtower Road
Victoria Briti Columbia V9A 2Y6
13 I fuher cerif that on Febru 8 2006 I amged to sere a copy of the foreoingdouments by first class internationa mai on the following
Phong An Vo 1 S 4111 Saint Denis Suite 1
Montral Quebec H2W 2M716 Pr SeDefendat
17 TyNguyen 1907 Shotbolt Road
18 Victoria Brtis Columbia V8S 2Ll Pro Se Defendant
Global Mangement Solutions 20 1800-666 Sherbrooke Stret West
Montrea1 Quebec H3B IA7
Commutel MarketingIarketig USA n 1800-666 Sherbrooke Street West
Montral Quebec H3E lA 7
By lKth C DeckerKa C Decker 915 Secnd Ave Suite 2896 Seatte WA 98174
206220-4486206-220-6366 (fax) kdecker ftc ()V
Attorney for Plaintiff Federa1 Trade Connssion