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F.T.C. v. WV UNIVERSAL MANAGEMENT, LLC

No. 16-17727.

877 F.3d 1234 (2017)

FEDERAL TRADE COMMISSION, Plaintiff-Appellee, v. WV UNIVERSAL MANAGEMENT, LLC, a Florida limited liability company, d.b.a. Treasure Your Success, et al., Defendants, Universal Processing Services of Wisconsin, LLC, a New York limited liability company, d.b.a. Newtek Merchant Solutions, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 13, 2017.

Attorney(s) appearing for the Case

Theodore Paul Metzler, Jr. , Joel Marcus , Federal Trade Commission, Office of General Counsel, Washington, DC, Jonathan L. Kessler , Michael Milgrom , Christopher D. Panek , Fil M. de Banate , Federal Trade Commission, Cleveland, OH, for Plaintiff-Appellee.

Lewis Steven Wiener , Ronald W. Zdrojeski , Eversheds Sutherland (US) LLP, Washington, DC, Mark L. Rosenberg , Law Offices of Mark L. Rosenberg, Bethesda, MD, Thomas Patrick Wert , Dean Mead Law Firm, Orlando, FL, Stuart A. Wilkins , Stuart A. Wilkins , Marlton, NJ, for Defendant-Appellant.

Before ED CARNES, Chief Judge, BLACK, Circuit Judge, and MAY, District Judge.

The Telemarketing Sales Rule (TSR), 16 C.F.R. § 310.1 et seq., promulgated by the Federal Trade Commission (FTC), prohibits certain deceptive and abusive telemarketing practices. It also makes assisting and facilitating a TSR violation unlawful. Id. § 310.3(b). In 2011 and 2012, a number of individuals...

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