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F.T.C. v. CHAPMAN

No. 11-3319.

714 F.3d 1211 (2013)

FEDERAL TRADE COMMISSION; State of Kansas; State of Minnesota; State of North Carolina; State of Illinois, Plaintiffs-Appellees, v. Meggie CHAPMAN, individually and d/b/a Meggie Chapman & Associates, Defendant-Appellant, and Wealth Power Systems, LLC; Aria Financial, LLC, Defendants.

United States Court of Appeals, Tenth Circuit.

May 7, 2013.

Attorney(s) appearing for the Case

M. Courtney Koger of Kutak Rock LLP, Kansas City, MO, for Defendant-Appellant.

Michael D. Bergman , Federal Trade Commission, Washington, D.C. ( Gary L. Ivens , Janice Kopec , and Michael Tankersley , Bureau of Consumer Protection, Federal Trade Commission, Washington, D.C., of counsel; Willard K. Tom , General Counsel, and John F. Daly , Deputy General Counsel for Litigation, Federal Trade Commission, Washington, D.C.; Clifford W. Berlow , Assistant Attorney General, Office of the Attorney General for the State of Illinois, Chicago, IL; Steve R. Fabert , Assistant Attorney General, Office of the Attorney General for the State of Kansas, Topeka, KS; Jocelyn F. Olson , Assistant Attorney General, Office of the Attorney General for the State of Minnesota, St. Paul, MN; and David N. Kirkman , Assistant Attorney General, Office of the Attorney General for the State of North Carolina, Raleigh, NC, with him on the brief) for Plaintiffs-Appellees.

Before O'BRIEN, McKAY, and TYMKOVICH, Circuit Judges.

McKAY, Circuit Judge.

This appeal arises from a bench trial in which the district court found that Appellant Meggie Chapman violated the "assisting and facilitating" provision of the Telemarketing Sales Rule, 16 C.F.R. § 310.3(b).

The underlying consumer protection action was brought by the Federal Trade Commission and four states against several individual and corporate defendants who marketed and sold to consumers grant-related

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