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F.T.C. v. NUDGE, LLC

Case No. 2:19-cv-00867.

430 F.Supp.3d 1230 (2019)

FEDERAL TRADE COMMISSION, and Utah Division of Consumer Protection, Plaintiffs, v. NUDGE, LLC, a Utah limited liability company, Response Marketing Group, LLC, a Utah limited liability company, BuyPD, LLC, a Utah limited liability company, Brandon B. Lewis, individually and as a principal and owner of Nudge, LLC, Response Marketing Group, LLC, and BuyPD, LLC, Ryan C. Poelman, individually and as a principal and owner of Nudge, LLC, Response Marketing Group, LLC, and BuyPD, LLC, Phillip W. Smith, Individually and as a principal and owner of Nudge, LLC, Response Marketing Group, LLC, and BuyPD, LLC, Shawn L. Finnegan, individually and as a principal and owner of Nudge, LLC, Response Marketing Group, LLC, and BuyPD, LLC, and Clint R. Sanderson, individually and as an officer of Response Marketing Group, LLC and BuyPD, LLC, Defendants.

United States District Court, D. Utah.

Signed December 31, 2019.

Attorney(s) appearing for the Case

Darren H. Lubetzky , Brian Nathaniel Lasky , Christopher Yates Miller , Savvas Socrates Diacosavvas , Federal Trade Commission, New York, NY, Kevin M. McLean , Robert G. Wing , Thomas M. Melton , Salt Lake City, UT, Utah Attorney General's Office, for Plaintiffs.

Alan S. Mouritsen , Erik A. Christiansen , Gregory H. Gunn , Zack L. Winzeler , Parsons Behle & Latimer, Salt Lake City, UT, Alexandra Megaris , J. Douglas Baldridge , Michael A. Munoz , Stephen R. Freeland , Washington, DC, Leonard L. Gordon , Venable LLP, New York, NY, for Defendants.

Magistrate Judge Evelyn J. Furse.

ORDER DENYING DEFENDANTS' PARTIAL MOTION TO DISMISS

This is an enforcement action brought by Plaintiffs Federal Trade Commission (FTC) and the Utah Division of Consumer Protection (the Division) against Defendants Nudge, LLC, Response Marketing Group, LLC, BuyPD, LLC and their corporate...

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