United States District Court, D. Colorado
PERMANENT INJUNCTION AND MONETARY JUDGMENT
A. BRIMMER United States District Judge.
3, 2017, plaintiff Federal Trade Commission
(“Commission” or “FTC”), filed its
Complaint for Permanent Injunction and Other Equitable Relief
(“Complaint”) [Docket No. 1], pursuant to Section
13(b) of the Federal Trade Commission Act (“FTC
Act”), 15 U.S.C. § 53(b). Docket No. 1 at 1,
¶ 1. Defendants Universal Network Solutions, LLC and
Rajinder Singh have been served with the summons and the
Complaint. Docket No. 7; Docket No. 7-1; Docket No. 8; Docket
Commission and Defendants having stipulated to entry of an
Order for Permanent Injunction and Monetary Judgment Against
Defendants Universal Network Solutions, LLC and Rajinder
Singh, and for good cause shown, the Court hereby enters this
Permanent Injunction and Monetary Judgment
(“Order”) to resolve all matters in dispute in
Court has jurisdiction over this matter.
Complaint charges that Defendants participated in deceptive
acts or practices that violate Section 5(a) of the FTC Act,
15 U.S.C. § 45(a), in the advertising, marketing,
promotion, offering for sale, or sale of Tech Support
Products or Services.
Defendants neither admit nor deny any of the allegations in
the Complaint, except as specifically stated in this Order.
Only for purposes of this action, Defendants admit the facts
necessary to establish jurisdiction.
Defendants waive any claims that they may have against the
Commission and/or their employees, representatives,
independent contractors, and agents that relate to this
action and any claim that Defendants may have under the Equal
Access to Justice Act, 28 U.S.C. § 2412, concerning the
prosecution of this action through the date of this Order.
Defendants agree to bear their own costs and attorneys'
Defendants and the Commission waive all rights to appeal or
otherwise to challenge or to contest the validity of this
purpose of this Order, the following definitions shall apply:
1. “Defendant(s)” means Universal Network
Solutions, LLC and Rajinder Singh, individually,
collectively, or in any combination.
2. “Business Entity Defendant” means Universal
Network Solutions, LLC, and its successors and assigns.
3. “Individual Defendant” means Rajinder Singh,
by whatever names he may be known.
4. “Tech Support Products or Services” includes
any plan, program or software, marketed to repair, maintain,
or improve a computer's performance or security,
including registry cleaners, anti-virus programs,
anti-malware programs, firewall programs, and computer or
software diagnostic services.
I: BAN ON TECH SUPPORT PRODUCTS AND SERVICES
IS ORDERED that Defendants are permanently
restrained and enjoined from:
Advertising, marketing, promoting, offering for sale,
selling, or providing any Tech Support Product or Service;
Assisting or providing consulting services for others engaged
in, or receiving any proceeds from, advertising, marketing,
promoting, offering for sale, selling, or providing any Tech
Support Product or Service; and
Owning, controlling, or serving as an officer, director, or
manager of any business entity advertising, marketing,
promoting, offering for sale, selling, providing, or
assisting or providing consulting services for others engaged
in, advertising, marketing, promoting, offering for sale,
selling, or providing, any Tech Support Product or Service.
II: PROHIBITION AGAINST MISREPRESENTATIONS
IS FURTHER ORDERED that Defendants, their officers,
agents, employees, and attorneys, and all other persons in
active concert or participation with any of them, who receive
actual notice of this Order, whether acting directly or
indirectly, in connection with the advertising, marketing,
promoting, offering for sale, sale, or selling of any good or
service, are permanently restrained and enjoined from
misrepresenting, or assisting others in misrepresenting,
expressly or by implication:
Defendants are part of, affiliated with, or certified or
authorized by, any entity;
Defendants have detected security or performance issues on a
consumer's computer, including system errors, viruses,
spyware, malware, or the presence of hackers; and C. Any
other fact material to consumers concerning any good or
service, such as: the total costs; any material restrictions,
limitations, or conditions; or any material aspect of its
performance, efficacy, nature, or central characteristics.
III: MONETARY JUDGMENT AND PARTIAL SUSPENSION
IS FURTHER ORDERED that:
Judgment in the amount of Five Hundred Forty-Seven Thousand
Eighty Seven Dollars ($547, 087) is hereby entered in favor
of the Commission and against Defendants, jointly and
severally, as equitable monetary relief.
completion of all payments and asset transfers specified in
Subsection III.C, the remainder of the judgment is suspended,
subject to the Subsections below.
Defendants are ordered to pay to the Commission Sixty-One
Thousand Three Hundred Sixty Dollars ($61, 360), which, as
Defendants stipulate, their undersigned counsel holds in
escrow for no purpose other than payment to the Commission.
Such payment shall be made within seven days of entry of this
Order by electronic fund transfer ...