Federal Trade Commission v. US Homeowners Relief Inc et al, No. 8:2010cv01452 - Document 119 (C.D. Cal. 2011)

Court Description: STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF AS TO DEFENDANTS DAMON GRANT CARRIGER, DLD CONSULTING, LLC, AND D.G.C. CONSULTING, LLC by Judge Josephine Staton Tucker, in favor of Federal Trade Commission agai nst D G C Consulting LLC, DLD Consulting LLC, Damon Grant Carriger in the principal amount of $2,139,061.00, interest in the amount of $0.00, attorneys fees of $0.00, costs of $0.00 for a total judgment of $2,139,061.00. Rela ted to: Stipulation 111 . Judgment is entered in the amount of two million, one hundred thirty-nine thousand, sixty-one dollars ($2,139,061.00), less the sum of any amounts paid to the FTC pursuant to judgments in this action relating to other Defendants. (rla)

Download PDF

Federal Trade Commission v. US Homeowners Relief Inc et al Doc. 119 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION 12 13 14 15 16 17 FEDERAL TRADE COMMISSION, Plaintiff, v. U.S. HOMEOWNERS RELIEF, INC., et al., Defendants. 18 Case No. SACV10-1452 JST (PJWx) STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF AS TO DEFENDANTS DAMON GRANT CARRIGER, DLD CONSULTING, LLC, AND D.G.C. CONSULTING, LLC 19 20 21 Plaintiff Federal Trade Commission (“FTC”) commenced this civil action on 22 September 27, 2010, pursuant to Sections 13(b) and 19 of the FTC Act, 15 U.S.C. 23 §§ 53(b) and 57b, and the Telemarketing and Consumer Fraud and Abuse 24 Prevention Act, 15 U.S.C. § 6101 et seq., to obtain preliminary and permanent 25 injunctive and other equitable relief for Defendants’ alleged violations of Section 5 26 of the FTC Act, 15 U.S.C. § 45, and the Telemarketing Sales Rule (“TSR”), 27 16 C.F.R. Part 310, in connection with the marketing and sale of mortgage 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 1 Dockets.Justia.com 1 assistance relief services. On September 28, 2010, the Court entered an ex parte 2 Temporary Restraining Order (“TRO”) that included, among other things, 3 appointment of a temporary receiver, an asset freeze, and immediate access to 4 Defendants’ business premises. The court terminated the receivership on 5 November 9, 2010. The FTC and Defendants Damon Grant Carriger, DLD 6 Consulting, LLC, and D.G.C. Consulting, LLC, (“Settling Defendants”) hereby 7 stipulate to the entry of this Stipulated Final Judgment and Order for Permanent 8 Injunction and Other Equitable Relief (“Order”). FINDINGS 9 By stipulation of the parties and being advised of the premises, the Court 10 11 finds: 12 1. 13 FTC Act, 15 U.S.C. §§ 53(b) and 57b. The Complaint seeks both permanent 14 injunctive relief and equitable monetary relief for the Settling Defendants’ alleged 15 deceptive acts or practices as alleged therein. 16 2. 17 seek the relief it has requested, and the Complaint states a claim upon which relief 18 can be granted against the Settling Defendants. 19 3. 20 jurisdiction over the Settling Defendants. Venue in the Central District of 21 California is proper. 22 4. 23 or affecting commerce, as defined in Section 4 of the FTC Act, 15 U.S.C. § 44. 24 5. 25 Order, without trial or final adjudication of any issue of fact or law, to settle and 26 resolve all matters in dispute arising from the conduct of the Settling Defendants 27 alleged in the Complaint to the date of entry of this Order. This settlement does This is an action by the FTC instituted under Sections 13(b) and 19 of the The FTC has the authority under Sections 13(b) and 19 of the FTC Act to This Court has jurisdiction over the subject matter of this case and has The activities of the Settling Defendants, as alleged in the Complaint, are in The FTC and the Settling Defendants stipulate and agree to entry of this 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 2 1 not settle and resolve any matters not alleged in the Complaint. The Settling 2 Defendants do not admit any of the allegations set forth in the Complaint, other 3 than the jurisdictional facts, merely by stipulating and agreeing to the entry of this 4 Order. 5 6. 6 challenge or contest the validity of this Order. The Settling Defendants also waive 7 any claim that they may have held under the Equal Access to Justice Act, 8 28 U.S.C. § 2412, concerning the prosecution of this action to the date of this 9 Order. Each settling party shall bear its own costs and attorneys fees. The Settling Defendants waive all rights to seek judicial review or otherwise 10 7. This action and the relief awarded herein are in addition to, and not in lieu 11 of, other remedies as may be provided by law, including both civil and criminal 12 remedies. 13 8. Entry of this Order is in the public interest. 14 ORDER 15 Definitions 16 For purposes of this Order, the following definitions shall apply: 17 1. “Asset” or “Assets” means any legal or equitable interest in, right to, 18 or claim to any real or personal property, including, but not limited to, “goods,” 19 “instruments,” “equipment,” “fixtures,” “general intangibles,” “inventory,” 20 “checks,” or “notes” (as these terms are defined in the Uniform Commercial Code), 21 lines of credit, chattels, leaseholds, contracts, mail or other deliveries, shares of 22 stock, lists of consumer names, accounts, credits, premises, receivables, funds, and 23 all cash, wherever located. 24 25 26 2. “Assisting others” includes, but is not limited to: a. performing customer service functions including, but not limited to, receiving or responding to consumer complaints; 27 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 3 b. 1 formulating or providing, or arranging for the formulation or 2 provision of, any advertising or marketing material, including, but not 3 limited to, any telephone sales script, direct mail solicitation, or the text of 4 any Internet website, email, or other electronic communication; c. 5 formulating or providing, or arranging for the formulation or 6 provision of, any marketing support material or service, including but not 7 limited to, web or Internet Protocol addresses or domain name registration 8 for any Internet websites, affiliate marketing services, or media placement 9 services; 10 d. 11 customers; e. performing marketing, billing, or payment services of any kind; f. 12 13 providing names of, or assisting in the generation of, potential acting or serving as an owner, officer, director, manager, or and 14 15 principal of any entity. 16 3. “Competent and reliable evidence” means tests, analyses, research, 17 studies, or other evidence based on the expertise of professionals in the relevant 18 area, that has been conducted and evaluated in an objective manner by persons 19 qualified to do so, using procedures generally accepted in the profession to yield 20 accurate and reliable results. 21 4. “Consumer” means any natural person. 22 5. “Customer” means any person who has paid, or may be required to 23 pay, for products, services, plans, or programs offered for sale or sold by any other 24 person. 25 6. “Debt relief product or service” means any product, service, plan, or 26 program represented, expressly or by implication, to renegotiate, settle, or in any 27 way alter the terms of payment or other terms of the debt or obligation, including 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 4 1 but not limited to a tax debt or obligation, between a person and one or more 2 unsecured creditors or debt collectors, including but not limited to, a reduction in 3 the balance, interest rate, or fees owed by a person to an unsecured creditor or debt 4 collector. 7. 5 “Defendants” means U.S. Homeowners Relief, Inc., also d/b/a 6 Greenleaf and Greenleaf Modify; Waypoint Law Group, Inc.; American Lending 7 Review, Inc., also d/b/a American Law Center; New Life Solutions, Inc.; D.G.C. 8 Consulting, LLC; DLD Consulting, LLC; Paul Bain; Macie Bain; Aminullah 9 Sarpas; and Damon Grant Carriger. 8. 10 “Document” is synonymous in meaning and equal in scope to the 11 usage of the term in Federal Rule of Civil Procedure 34(a), and includes writings, 12 drawings, graphs, charts, photographs, audio and video recordings, computer 13 records, and other data compilations from which the information can be obtained 14 and translated, if necessary, through detection devices into reasonably usable form. 15 A draft or non-identical copy is a separate document within the meaning of the 16 term. 17 9. “Federal homeowner relief or financial stability program” means 18 any program (including its sponsoring agencies, telephone numbers, and Internet 19 websites) operated or endorsed by the United States government to provide relief 20 to homeowners or stabilize the economy, including but not limited to: 21 a. the Making Home Affordable Program; 22 b. the Financial Stability Plan; 23 c. the Troubled Asset Relief Program and any other program 24 25 26 sponsored or operated by the United States Department of the Treasury; d. the HOPE for Homeowners program, any program operated or created pursuant to the Helping Families Save Their Homes Act, and any 27 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 5 1 other program sponsored or operated by the Federal Housing 2 Administration; or e. 3 any program sponsored or operated by the United States 4 Department of Housing and Urban Development (“HUD”), the HOPE NOW 5 Alliance, the Homeownership Preservation Foundation, or any other HUD- 6 approved housing counseling agency. 7 10. 8 plan, or program represented, expressly or by implication, to: a. 9 10 provide any consumer, arrange for any consumer to receive, or assist any consumer in receiving, credit, debit, or stored value cards; b. 11 12 “Financial related product or service” means any product, service, improve, or arrange to improve, any consumer’s credit record, credit history, or credit rating; c. 13 provide advice or assistance to any consumer with regard to any 14 activity or service the purpose of which is to improve a consumer’s credit 15 record, credit history, or credit rating; d. 16 17 provide any consumer, arrange for any consumer to receive, or assist any consumer in receiving, a loan or other extension of credit; or e. 18 provide any consumer, arrange for any consumer to receive, or 19 assist any consumer in receiving any service represented, expressly or by 20 implication, to renegotiate, settle, or in any way alter the terms of payment 21 or other terms of the debt or obligation, including but not limited to a tax 22 debt or obligation, between a consumer and one or more secured creditors, 23 servicers, or debt collectors. 24 11. 25 26 27 “Material” means likely to affect a person’s choice of, or conduct regarding, goods or services. 12. “Mortgage assistance relief product or service” means any product, service, plan, or program, offered or provided to the consumer in 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 6 1 exchange for consideration, that is represented, expressly or by implication, to 2 assist or attempt to assist the consumer with any of the following: a. 3 stopping, preventing, or postponing any mortgage or deed of 4 trust foreclosure sale for the consumer’s dwelling, any repossession of the 5 consumer’s dwelling, or otherwise saving the consumer’s dwelling from 6 foreclosure or repossession; b. 7 negotiating, obtaining, or arranging a modification of any term 8 of a dwelling loan, including a reduction in the amount of interest, principal 9 balance, monthly payments, or fees; c. 10 11 obtaining any forbearance or modification in the timing of payments from any dwelling loan holder or servicer on any dwelling loan; d. 12 negotiating, obtaining, or arranging any extension of the period 13 of time within which the consumer may (i) cure his or her default on a 14 dwelling loan, (ii) reinstate his or her dwelling loan, (iii) redeem a dwelling, 15 or (iv) exercise any right to reinstate a dwelling loan or redeem a dwelling; e. 16 obtaining any waiver of an acceleration clause or balloon 17 payment contained in any promissory note or contract secured by any 18 dwelling; or f. 19 negotiating, obtaining, or arranging (i) a short sale of a 20 dwelling, (ii) a deed-in-lieu of foreclosure, or (iii) any other disposition of a 21 dwelling loan other than a sale to a third party that is not the dwelling loan 22 holder. 23 The foregoing shall include any manner of claimed assistance, including, but not 24 limited to, auditing or examining a consumer’s mortgage or home loan application. 25 26 13. “Person” means a natural person, an organization or other legal entity, including a corporation, partnership, sole proprietorship, limited liability 27 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 7 1 company, association, cooperative, or any other group or combination acting as an 2 entity. 14. 3 4 “Settling Defendants” means Damon Grant Carriger, DLD Consulting, LLC, and D.G.C. Consulting, LLC. a. 5 “Corporate Settling Defendants” means DLD Consulting, LLC, and D.G.C. Consulting, LLC, and their successors and assigns. 6 7 b. 8 “Individual Settling Defendant” means Damon Grant Carriger. 9 I. 10 BAN ON MARKETING DEBT RELIEF SERVICES 11 IT IS FURTHER ORDERED that the Settling Defendants, whether acting 12 13 directly or through any other person, are permanently restrained and enjoined 14 from: A. 15 16 debt relief product or service; and B. 17 18 Advertising, marketing, promoting, offering for sale, or selling any Assisting others engaged in advertising, marketing, promoting, offering for sale, or selling any debt relief product or service. II. 19 BAN ON MARKETING MORTGAGE ASSISTANCE RELIEF PRODUCTS AND SERVICES 20 21 IT IS THEREFORE ORDERED that the Settling Defendants, whether acting 22 directly or through any other person, are permanently restrained and enjoined 23 from: 24 25 26 27 A. Advertising, marketing, promoting, offering for sale, or selling any mortgage assistance relief product or service; and B. Assisting others engaged in advertising, marketing, promoting, offering for sale, or selling any mortgage assistance relief product or service. 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 8 III. 1 2 PROHIBITED MISREPRESENTATIONS RELATING TO FINANCIAL RELATED PRODUCTS OR SERVICES 3 IT IS FURTHER ORDERED that the Settling Defendants and their 4 officers, agents, servants, employees, and attorneys, and those persons or entities in 5 active concert or participation with any of them who receive actual notice of this 6 Order by personal service, facsimile transmission, email, or otherwise, whether 7 acting directly or through any corporation, subsidiary, division, or other device, in 8 connection with the advertising, marketing, promotion, offering for sale or sale of 9 any financial related product or service, are hereby permanently restrained and 10 enjoined from: 11 A. 12 Misrepresenting or assisting others in misrepresenting, expressly or by implication, any material fact, including but not limited to: 13 1. 14 extension of credit, including but not limited to: The terms or rates that are available for any loan or other 15 a. closing costs or other fees; 16 b. the payment schedule, the monthly payment amount(s), 17 or other payment terms, or whether there is a balloon 18 payment; interest rate(s), annual percentage rate(s), or 19 finance charge; the loan amount, the amount of credit, the 20 draw amount, or outstanding balance; the loan term, the 21 draw period, or maturity; or any other term of credit; 22 c. the savings associated with the credit; 23 d. the amount of cash to be disbursed to the borrower out of 24 the proceeds, or the amount of cash to be disbursed on 25 behalf of the borrower to any third parties; 26 27 e. whether the payment of the minimum amount specified each month covers both interest and principal, and 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 9 1 whether the credit has or can result in negative 2 amortization; f. 3 that the credit does not have a prepayment penalty or that 4 no prepayment penalty and/or other fees or costs will be 5 incurred if the consumer subsequently refinances; and g. 6 that the interest rate(s) or annual percentage rate(s) are 7 fixed rather than adjustable or adjustable rather than 8 fixed; 2. 9 Any person’s ability to improve or otherwise affect a 10 consumer’s credit record, credit history, or credit rating or ability to 11 obtain credit; 12 3. 13 credit history, or credit rating by permanently removing negative 14 information from the consumer’s credit record, credit history, or credit 15 rating, even where such information is accurate and not obsolete; and 16 4. 17 18 19 B. That any person can improve any consumer’s credit record, That a consumer will receive legal representation; Advising a customer that the customer cannot or should not contact, communicate with, or make payments to the customer’s lender or servicer; and C. Advertising or assisting others in advertising credit terms other than 20 those terms that actually are or will be arranged or offered by a creditor or lender. 21 IV. 22 PROHIBITED MISREPRESENTATIONS RELATING TO ANY PRODUCT OR SERVICE 23 IT IS FURTHER ORDERED that the Settling Defendants and their 24 officers, agents, servants, employees, and attorneys, and those persons or entities in 25 active concert or participation with any of them who receive actual notice of this 26 Order by personal service, facsimile transmission, email, or otherwise, whether 27 acting directly or through any corporation, subsidiary, division, or other device, in 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 10 1 connection with the advertising, marketing, promotion, offering for sale or sale of 2 any product, service, plan, or program are hereby permanently restrained and 3 enjoined from misrepresenting or assisting others in misrepresenting, expressly or 4 by implication, any material fact, including but not limited to: 5 A. Any material aspect of the nature or terms of any refund, cancellation, 6 exchange, or repurchase policy, including, but not limited to, the likelihood of a 7 consumer obtaining a full or partial refund, or the circumstances in which a full or 8 partial refund will be granted to the consumer; 9 B. That any person is affiliated with, endorsed or approved by, or 10 otherwise connected to any other person; government entity; any federal 11 homeowner relief or financial stability program; public, non-profit, or other non- 12 commercial program; or any other program; 13 C. That they themselves provide the product, service, plan, or program; 14 D. That any person providing a testimonial has purchased, received, or 15 16 used the product, service, plan, or program; E. That the experience represented in a testimonial of the product, 17 service, plan, or program represents the person’s actual experience resulting from 18 the use of the product, service, plan, or program under the circumstances depicted 19 in the advertisement; 20 21 22 23 24 F. The total costs to purchase, receive, or use, or the quantity of, the product, service, plan, or program; G. Any material restriction, limitation, or condition on purchasing, receiving, or using the product, service, plan, or program; H. That any person has implemented reasonable and appropriate 25 measures to protect consumers’ non-public personal information against 26 unauthorized access; or 27 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 11 1 2 3 I. Any material aspect of the performance, efficacy, nature, or characteristics of the product, service, plan, or program. V. 4 SUBSTANTIATION FOR BENEFIT, PERFORMANCE, AND EFFICACY CLAIMS 5 IT IS FURTHER ORDERED that the Settling Defendants and their 6 officers, agents, servants, employees, and attorneys, and those persons or entities in 7 active concert or participation with any of them who receive actual notice of this 8 Order by personal service, facsimile transmission, email, or otherwise, whether 9 acting directly or through any corporation, subsidiary, division, or other device, in 10 connection with the advertising, marketing, promotion, offering for sale, or sale of 11 any financial related product or service are hereby permanently restrained and 12 enjoined from making any representation or assisting others in making any 13 representation, expressly or by implication, about the benefits, performance, or 14 efficacy of any financial related product or service, unless, at the time such 15 representation is made, the Settling Defendants possess and rely upon competent 16 and reliable evidence that substantiates that the representation is true. 17 VI. 18 PROHIBITED TELEMARKETING ACTIVITIES 19 IT IS FURTHER ORDERED that the Settling Defendants and their 20 successors, assigns, officers, agents, servants, employees, and attorneys, and those 21 persons or entities in active concert or participation with any of them who receive 22 actual notice of this Order by personal service or otherwise, whether acting directly 23 or through any corporation, subsidiary, division, or other device, in connection 24 with the telemarketing, advertising, marketing, promotion, offering for sale or sale 25 of any good or service, are hereby permanently restrained and enjoined from 26 violating, or assisting others in violating, any provision of the Telemarketing Sales 27 Rule, 16 C.F.R. Part 310, including, but not limited to: 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 12 1 A. Section 310.3(a)(2)(iii) of the TSR, 16 C.F.R. § 310.3(a)(2)(iii), by 2 misrepresenting, directly or by implication, any material aspect of the performance, 3 efficacy, nature, or central characteristic of any good or service; 4 B. Section 310.3(a)(2)(iv) of the TSR, 16 C.F.R. § 310.3(a)(2)(iv), by 5 misrepresenting, directly or by implication, the seller’s refund, cancellation, 6 exchange, or repurchase policies; and 7 C. Section 310.3(a)(2)(vii) of the TSR, 16 C.F.R. § 310.3(a)(2)(vii), by 8 misrepresenting, directly or by implication, affiliation with, or endorsement by, 9 any government or third-party organization. VII. 10 11 PROHIBITION ON DISCLOSING CUSTOMER INFORMATION 12 IT IS FURTHER ORDERED that the Settling Defendants and their 13 successors, assigns, officers, agents, servants, employees, and attorneys, and those 14 persons or entities in active concert or participation with any of them who receive 15 actual notice of this Order by personal service, facsimile transmission, email, or 16 otherwise, whether acting directly or through any corporation, subsidiary, division, 17 or other device, are permanently restrained and enjoined from: 18 A. Disclosing, using, or benefitting from customer information, including 19 the name, address, telephone number, email address, social security number, other 20 identifying information, or any data that enables access to a customer’s account 21 (including a credit card, bank account, or other financial account) of any person 22 that any Settling Defendant obtained prior to entry of this Order in connection with 23 the advertising, marketing, promotion, offering for sale or sale of any mortgage 24 assistance relief service or any debt relief service; and 25 B. Failing to dispose of such customer information in all forms in their 26 possession, custody, or control within thirty (30) days after entry of this Order. 27 Disposal shall be by means that protect against unauthorized access to the customer 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 13 1 information, such as by burning, pulverizing, or shredding any papers, and by 2 erasing or destroying any electronic media, to ensure that the customer information 3 cannot practicably be read or reconstructed. 4 Provided, however, that customer information need not be disposed of, and 5 may be disclosed, to the extent requested by a government agency or required by a 6 law, regulation, or court order. 7 VIII. 8 MONETARY JUDGMENT 9 10 IT IS FURTHER ORDERED that: A. Judgment is entered, as equitable monetary relief, in favor of the FTC 11 and against Settling Defendants, jointly and severally, in the amount of two 12 million, one hundred thirty-nine thousand, sixty-one dollars ($2,139,061.00), less 13 the sum of any amounts paid to the FTC pursuant to judgments in this action 14 relating to other Defendants. 15 B. Any funds received by the FTC pursuant to this Section shall be 16 deposited into a fund administered by the FTC or its agent to be used for equitable 17 relief, including but not limited to consumer redress and any attendant expenses for 18 the administration of any redress funds. In the event that direct redress to 19 consumers is wholly or partially impracticable or funds remain after redress is 20 completed, the FTC may apply any remaining funds for such other equitable relief, 21 including but not limited to consumer information remedies, as the FTC determines 22 to be reasonably related to the practices alleged in the Complaint. Any funds not 23 used for such equitable relief shall be deposited to the U.S. Treasury as equitable 24 disgorgement. The Settling Defendants shall have no right to challenge the FTC’s 25 choice of remedies or the manner of distribution. 26 27 C. The Settling Defendants relinquish all dominion, control, and title to the funds paid to the fullest extent permitted by law. The Settling Defendants shall 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 14 1 make no claim to or demand for return of the funds, directly or indirectly, through 2 counsel or otherwise. 3 D. The Settling Defendants agree that the facts as alleged in the 4 Complaint filed in this action shall be taken as true without further proof in any 5 bankruptcy case or subsequent civil litigation pursued by the FTC to enforce its 6 rights to any payment or money judgment pursuant to this Order, including but not 7 limited to a nondischargeability complaint in any bankruptcy case. The Settling 8 Defendants further stipulate and agree that the facts alleged in the Complaint 9 establish all elements necessary to sustain an action by the FTC pursuant to Section 10 523(a)(2)(A) of the Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), and that this 11 Order shall have collateral estoppel effect for such purposes. 12 E. The judgment entered pursuant to this Section is equitable monetary 13 relief, solely remedial in nature, and not a fine, penalty, punitive assessment or 14 forfeiture. 15 F. Upon request, the Settling Defendants are hereby required, in 16 accordance with 31 U.S.C. § 7701, to furnish to the FTC their tax identification 17 numbers, which shall be used for purposes of collecting and reporting on any 18 delinquent amount arising out of this Order. 19 G. Pursuant to Section 604(1) of the Fair Credit Reporting Act, 15 U.S.C. 20 § 1681b(1), any consumer reporting agency may furnish a consumer report 21 concerning any Settling Defendant to the FTC, which shall be used for purposes of 22 collecting and reporting on any delinquent amount arising out of this Order. 23 24 25 26 IX. ASSET FREEZE IT IS FURTHER ORDERED that, upon entry of this Order, the freeze of the Settling Defendants’ assets shall be dissolved. 27 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 15 X. 1 COOPERATION WITH FTC COUNSEL 2 3 IT IS FURTHER ORDERED that Settling Defendants shall, in connection 4 with this action or any subsequent investigation related to or associated with the 5 transactions or the occurrences that are the subject of the FTC’s Complaint, 6 cooperate in good faith with the FTC and appear or, in the case of the Corporate 7 Settling Defendants, cause their officers, employees, representatives, or agents to 8 appear at such places and times as the FTC shall reasonably request, after written 9 notice, for interviews, conferences, pretrial discovery, review of documents, and 10 for such other matters as may be reasonably requested by the FTC. If requested in 11 writing by the FTC, Settling Defendants shall appear or, in the case of the 12 Corporate Settling Defendants, cause their officers, employees, representatives, or 13 agents to appear and provide truthful testimony in any trial, deposition, or other 14 proceeding related to or associated with the transactions or the occurrences that are 15 the subject of the Complaint, without the service of a subpoena. XI. 16 COMPLIANCE MONITORING 17 18 19 20 IT IS FURTHER ORDERED that, for the purpose of monitoring Settling Defendants’ compliance with this Order: A. Within 14 days of receipt of a written request from a representative of 21 the Commission, each Settling Defendant must: submit additional compliance 22 reports or other requested information, which must be sworn under penalty of 23 perjury; appear for depositions; and produce documents, for inspection and 24 copying. The Commission is also authorized to obtain discovery, without further 25 leave of court, using any of the procedures prescribed by Federal Rules of Civil 26 Procedure 29, 30 (including telephonic depositions), 31, 33, 34, 36, 45, and 69. 27 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 16 1 B. For matters concerning this Order, the Commission is authorized to 2 communicate directly with each Settling Defendant. Settling Defendants must 3 permit representatives of the Commission to interview any employee or other 4 person affiliated with any Settling Defendant who has agreed to such an interview. 5 The person interviewed may have counsel present. 6 C. The Commission may use all other lawful means, including posing, 7 through its representatives, as consumers, suppliers, or other individuals or entities, 8 to the Settling Defendants or any individual or entity affiliated with the Settling 9 Defendants, without the necessity of identification or prior notice. Nothing in this 10 Order limits the Commission’s lawful use of compulsory process, pursuant to 11 Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1. XII. 12 COMPLIANCE REPORTING 13 14 15 16 17 IT IS FURTHER ORDERED that Settling Defendants make timely submissions to the Commission: A. One year after entry of this Order, each Settling Defendant must submit a compliance report, sworn under penalty of perjury. 18 1. Each Settling Defendant must: (a) designate at least one 19 telephone number and an email, physical, and postal address as points 20 of contact, which representatives of the Commission may use to 21 communicate with the Settling Defendant; (b) identify all of that 22 Defendant’s businesses by all of their names, telephone numbers, and 23 physical, postal, email, and Internet addresses; (c) describe the 24 activities of each business, including the products and services 25 offered, the means of advertising, marketing, and sales, and the 26 involvement of any other Defendant (which Individual Defendant 27 must describe if he knows or should know due to his own 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 17 1 involvement); (d) describe in detail whether and how that Defendant 2 is in compliance with each Section of this Order; and (e) provide a 3 copy of each Order Acknowledgment obtained pursuant to this Order, 4 unless previously submitted to the Commission; 5 2. 6 identify all telephone numbers and all email, Internet, physical, and 7 postal addresses, including all residences; (b) identify all titles and 8 roles in all business activities, including any business for which such 9 Defendant performs services whether as an employee or otherwise and Additionally, the Individual Settling Defendant must: (a) 10 any entity in which such Defendant has any ownership interest; and 11 (c) describe in detail such Defendant’s involvement in each such 12 business, including title, role, responsibilities, participation, authority, 13 control, and any ownership. 14 B. For 20 years following entry of this Order, each Settling Defendant 15 must submit a compliance notice, sworn under penalty of perjury, within 14 days 16 of any change in the following: 17 1. Each Settling Defendant must report any change in: (a) any 18 designated point of contact; or (b) the structure of the Corporate 19 Settling Defendants or any entity that Defendant has any ownership 20 interest in or directly or indirectly controls that may affect compliance 21 obligations arising under this Order, including: creation, merger, sale, 22 or dissolution of the entity or any subsidiary, parent, or affiliate that 23 engages in any acts or practices subject to this Order. 24 2. 25 change in: (a) name, including aliases or fictitious name, or residence 26 address; or (b) title or role in any business activity, including any 27 business for which such Defendant performs services whether as an Additionally, the Individual Settling Defendant must report any 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 18 1 employee or otherwise and any entity in which such Defendant has 2 any ownership interest, and identify its name, physical address, and 3 Internet address, if any. 4 C. Each Settling Defendant must submit to the Commission notice of the 5 filing of any bankruptcy petition, insolvency proceeding, or any similar proceeding 6 by or against such Defendant within 14 days of its filing. 7 D. Any submission to the Commission required by this Order to be 8 sworn under penalty of perjury must be true and accurate and comply with 18 9 U.S.C. § 1746, such as by concluding: “I declare under penalty of perjury under 10 the laws of the United States of America that the foregoing is true and correct. 11 Executed on:_____” and supplying the date, signatory’s full name, title (if 12 applicable), and signature. 13 E. Unless otherwise directed by a Commission representative in writing, 14 all submissions to the Commission pursuant to this Order must be emailed to 15 DEbrief@ftc.gov or sent by overnight courier (not the U.S. Postal Service) to: 16 Associate Director for Enforcement, Bureau of Consumer Protection, Federal 17 Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. The 18 subject line must begin: FTC v. U.S. Homeowners Relief, Inc., et al., X 100050. 19 XIII. 20 RECORDKEEPING 21 IT IS FURTHER ORDERED that Settling Defendants must create certain 22 records for 20 years after entry of the Order, and to retain each such record for 5 23 years. Specifically, Corporate Settling Defendants and Individual Settling 24 Defendant, for any business in which that Defendant, individually or collectively 25 with any other Defendants, is a majority owner or directly or indirectly controls, 26 must maintain the following records: 27 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 19 A. 1 Accounting records showing the revenues from all goods or services 2 sold, all costs incurred in generating those revenues, and the resulting net profit or 3 loss; 4 B. Personnel records showing, for each person providing services, 5 whether as an employee or otherwise, that person’s: name, addresses, and 6 telephone numbers; job title or position; dates of service; and, if applicable, the 7 reason for termination; 8 9 10 11 12 13 14 15 C. Customer files showing the names, addresses, telephone numbers, dollar amounts paid, and the quantity and description of goods or services purchased; D. Complaints and refund requests, whether received directly or indirectly, such as through a third party, and any response; E. All records necessary to demonstrate full compliance with each provision of this Order, including all submissions to the Commission; and F. A copy of each advertisement or other marketing material. 16 XIV. 17 ORDER ACKNOWLEDGMENT 18 19 20 IT IS FURTHER ORDERED that Settling Defendants obtain acknowledgments of receipt of this Order: A. Each Settling Defendant, within 7 days of entry of this Order, must 21 submit to the Commission an acknowledgment of receipt of this Order sworn 22 under penalty of perjury. 23 B. For 5 years after entry of this Order, the Individual Settling Defendant 24 for any business that such Defendant, individually or collectively with any other 25 Defendant, is the majority owner or directly or indirectly controls, and each 26 Corporate Defendant, must deliver a copy of this Order to: (1) all principals, 27 officers, directors, and managers; (2) all employees, agents, and representatives 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 20 1 who participate in conduct related to the subject matter of the Order; and (3) any 2 business entity resulting from any change in structure as set forth in the Section 3 titled Compliance Reporting. Delivery must occur within 7 days of entry of this 4 Order for current personnel. To all others, delivery must occur before they assume 5 their responsibilities. 6 C. From each individual or entity to which a Settling Defendant 7 delivered a copy of this Order, that Defendant must obtain, within 30 days, a 8 signed and dated acknowledgment of receipt of this Order. 9 10 11 12 XV. RETENTION OF JURISDICTION IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for purposes of construction, modification, and enforcement of this Order. 13 14 IT IS SO ORDERED, this 5th day of December, 2011. 15 16 17 18 19 ________________________________ Josephine Staton Tucker United States District Judge 20 21 22 23 24 25 26 27 28 STIP. FINAL JUDGMENT AND ORDER AS TO CARRIGER, DLD, AND D.G.C. - 21

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.