F.T.C. v. COMMERCE PLANET, INC.

No. 12-57064.

815 F.3d 593 (2016)

FEDERAL TRADE COMMISSION, Plaintiff-Appellee, v. COMMERCE PLANET, INC., a corporation; Michael Hill; Aaron Gravitz, Defendants, and Superfly Advertising, Inc., a Delaware corporation, fka Morlex, Inc.; Superfly Advertising, Inc., an Indiana corporation, Third-party-defendants, and Charles Gugliuzza, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 3, 2016.


Attorney(s) appearing for the Case

Erwin Chemerinsky (argued), University of California, Irvine, School of Law, Irvine, CA; Theodore J. Boutrous Jr. , M. Sean Royall , and Blaine H. Evanson , Gibson, Dunn & Crutcher LLP, Los Angeles, CA; Michael V. Schafler and Jeffrey M. Chemerinsky , Caldwell Leslie & Proctor, PC, Los Angeles, CA, for Defendant-Appellant.

Michele Arington (argued), Attorney, Jonathan E. Nuechterlein , General Counsel, John F. Daly , Deputy General Counsel for Litigation, Office of the General Counsel, Federal Trade Commission, Washington, D.C.; Eric D. Edmondson , David M. Newman , Kerry O'Brien , and Evan Rose , Federal Trade Commission, San Francisco, CA, for Plaintiff-Appellee.

Before: CONSUELO M. CALLAHAN, PAUL J. WATFORD, and JOHN B. OWENS, Circuit Judges.


OPINION

The Federal Trade Commission (FTC) sued Commerce Planet, Inc., and three of its top officers for violating § 5(a) of the FTC Act, which prohibits unfair or deceptive business practices. 15 U.S.C. § 45(a). The company and two of the individual defendants...

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