F.T.C. v. LEADCLICK MEDIA, LLC

Docket Nos. 15-1009-cv, 15-1014-cv August Term 2015.

838 F.3d 158 (2016)

FEDERAL TRADE COMMISSION, State of Connecticut, Plaintiffs-Appellees, v. LEADCLICK MEDIA, LLC, successor to LeadClick Media, Inc., CoreLogic, Inc., Defendants-Appellants, LeanSpa, LLC, a Connecticut limited liability company, NutraSlim, LLC, a Connecticut limited liability company, NutraSlim U.K. Limited, a United Kingdom limited liability company, DBA LeanSpa U.K. LTD, Boris Mizhen, individually and as an officer of LeanSpa, LLC, NutraSlim, LLC, and NutraSlim U.K. LTD, Richard Chiang, individually and as an officer of LeadClick Media, Inc., Angelina Strano, Relief Defendant, Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 23, 2016.


Attorney(s) appearing for the Case

WALTER P. LOUGHLIN ( David R. Fine , Elisa J. D'Amico , Paul F. Hancock , David A. Bateman , on the brief), K&L Gates LLP, New York, NY, Harrisburg, PA, Miami, FL, and Seatle, WA, for Defendant-Appellant LeadClick Media, LLC.

JONATHAN D. HACKER ( Anton Metlitsky , Burden H. Walker , on the brief), O'Melveny & Myers LLP, Washington, D.C. and New York, NY, for Defendant-Appellant CoreLogic, Inc.

MICHELE ARINGTON , Assistant General Counsel ( Jonathan E. Nuechterlein , General Counsel, Joel Marcus , Director of Litigation, on the brief), Office of the General Counsel, Federal Trade Commission, Washington, D.C., for Plaintiff-Appellee Federal Trade Commission.

George Jepsen , Attorney General, Jonathan J. Blake , Matthew F. Fitzsimmons , Assistant Attorney Generals, Office of the Attorney General, Hartford, CT, for Plaintiff-Appellee State of Connecticut.

Thomas M. Hefferon , William M. Jay , Goodwin Procter LLP, Washington, D.C., for Amici Curiae United States Chamber of Commerce, Consumer Mortgage Coalition, Consumer Data Industry Association, Independent Community Bankers of America, Mortgage Bankers Association, National Consumer Reporting Association, and Real Estate Providers Council.

Before: HALL, LYNCH, and CHIN, Circuit Judges.


In this case, plaintiffs-appellees the Federal Trade Commission (the "FTC") and the State of Connecticut (the "State") seek to hold defendant-appellant LeadClick Media, LLC ("LeadClick") liable for its role in the use of deceptive websites to market weight loss products. LeadClick managed...

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