United States District Court, D. Montana, Missoula Division
STIPULATED ORDER FOR PERMANENT INJUNCTION AND
MONETARY JUDGMENT AS TO DEFENDANT ROBERT BRAACH
L. Christensen, United States District Court Chief Judge
Federal Trade Commission ("FTC") or
"Commission") filed its Complaint (Doc. 1) for
permanent injunction and other equitable relief in this
matter pursuant to Section 13(b) of the Federal Trade
Commission Act ("FTC Act"), 15 U.S.C. § 53(b),
against Defendants American eVoice, Ltd.; Emerica Media
Corp.; FoneRight, Inc.; Global Voice Mail, Ltd.; HearYou2,
Inc.; Network Assurance, Inc.; SecuratDat, Inc.; Techmax
Solutions, Inc.; Voice Mail Professionals, Inc.; Steven V.
Sann; Terry D. Lane (a/k/a Terry D. Sann); Nathan M. Sann;
and Robert M. Breach ("Defendants*'); and Relief
Defendant Bibliologic, Ltd.
FTC and Defendant Robert M. Braach stipulate to the entry of
mis this Stipulated Permanent Injunction ("Order")
to resolve all matters in dispute in this action between
IT IS ORDERED as follows:
1. This Court has jurisdiction over this matter.
2. The FTC's Complaint charges that Defendants engaged in
deceptive and unfair acts or practices in violation of
Section 5 of the FTC Act, 15 U.S.C. § 45, by placing
unauthorized charges on consumers' telephone bills
3. Defendant Braach neither admits nor denies any of the
allegations in the Complaint, except as specifically stated
in this Order. Only for purposes of this action, Defendant
Breach admits the facts necessary to establish jurisdiction.
4. Defendant Breach waives any claim that he may have under
the Equal Access to Justice Act, 28 U.S.C. § 2412,
concerning the prosecution of this action through the date of
this Order, and agrees to bear his own costs and attorney
5. Defendant Breach waives all rights to appeal or otherwise
challenge or contest the validity of this Order.
purposes of this Order, the following definitions shall
"Clearly and Conspicuously" means that a required
disclosure is difficult to miss (i.e., easily noticeable) and
easily understandable by ordinary consumers, including in all
of the following ways:
a. In any communication that is solely visual or solely
audible, the disclosure must be made through the same means
through which the communication is presented. In any
communication made through both visual and audible means,
such as a television advertisement, the disclosure must be
presented simultaneously in both the visual and audible
portions of the communication even if the representation
requiring the disclosure is made in only one means.
b. A visual disclosure, by its size, contrast, location, the
length of time it appears, and other characteristics, must
stand out from any accompanying text or other visual elements
so that it is easily noticed, read, and understood.
c. An audible disclosure, including by telephone or streaming
video, must be delivered in a volume, speed, and cadence
sufficient for ordinary consumers to easily hear and
d. In any communication using an interactive electronic
medium, such as the Internet or software, the disclosure must
e. The disclosure must use diction and syntax understandable
to ordinary consumers and must appear in each language in
which the representation that requires the disclosure
f. The disclosure must comply with these requirements in each
medium through which it is received, including all electronic
devices and face-to-face communications.
g. The disclosure must not be contradicted or mitigated by,
or inconsistent with, anything else in the communication.
h. When the representation or sales practice targets a
specific audience, such as children, the elderly, or the
terminally ill, "ordinary consumers" includes
reasonable members of that group.
"Corporate Defendants" means American eVoice, Ltd.;
Emerica Media Corp.; FoneRight, Inc.; Global Voice Mail,
Ltd.; HearYou2, Inc.; Network Assurance, Inc.; SecuratDat,
Inc.; Techmax Solutions, Inc.; Voice Mail Professionals,
Inc., as well as any affiliates, subsidiaries, successors, or
assigns, and any fictitious business entities or business
names created or used by these entities, or any of mem.
"Defendants" means the Individual Defendants and
the Corporate Defendants, individually, collectively, or in
"Individual Defendants" means Steven V. Sann; Terry
D. Lane (a/k/a Terry D. Sann); Nathan M. Sann; and Robert
"Person" means a natural person, an organization or
other legal entity, including a corporation, partnership,
sole proprietorship, limited liability company, association,
cooperative, or any other group or combination acting as an
PROHIBITION AGAINST TELEPHONE BULLING IT IS THEREFORE ORDERED
that Defendant Breach is permanently restrained and enjoined
from placing charges on any person's telephone bill,
whether directly or through an intermediary, including by
providing any advertising, marketing, financial, or technical
assistance to other persons to place charges on any
person's telephone bill.
PROHIBITION AGAINST BILLING WITHOUT AUTHORIZATION IT IS
FURTHER ORDERED that Defendant Breach and his officers,
agents, servants, employees, and attorneys, and all other
persons in active concert or participation with any of them,
who receive actual notice of this Order, whether acting
directly or indirectly, are permanently restrained and
enjoined from (a) representing or assisting others in
representing, expressly or by implication, that a consumer is
obligated to pay any ...