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F.T.C. v. DIRECT MARKETING CONCEPTS, INC.

Civil Action No. 04-11136-GAO.

569 F.Supp.2d 285 (2008)

FEDERAL TRADE COMMISSION, Plaintiff, v. DIRECT MARKETING CONCEPTS, INC., d/b/a Today's Health and Direct Fulfillment, ITV Direct, Inc., d/b/a Direct Fulfillment, Donald W. Barrett, Triad ML Marketing, Inc., King Media, Inc., Allen Stern, Lisa Stern, Steven Ritchey, and BP International, Inc., Defendants.

United States District Court, D. Massachusetts.

July 14, 2008.

Attorney(s) appearing for the Case

Edward Glennon, James A. Trilling, Kial S. Young, Shira D. Modell, Federal Trade Commission, Washington, DC, Heather Hippsley, Federal Trade Commission, Washington, MA, for Plaintiff.

Christopher F. Robertson, Peter S. Brooks, Susan W. Gelwick, Seyfarth Shaw, LLP, Joseph F. Ryan, Lyne, Woodworth & Evarts LLP, Boston, MA, for Defendants.

OPINION AND ORDER

O'TOOLE, District Judge.

The Federal Trade Commission ("FTC") has brought this action to remedy alleged violations by the defendants of sections 5(a) and 12 of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 45, 52, in connection with the production and dissemination of two "infomercials" and the sales of the products advertised in those infomercials. See 15 U.S.C. §§ 53(a)-(b), 57b (permitting...

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