United States Ninth Circuit

In an action by the FTC arising from a website managed by defendants that created and delivered unverified checks at the direction of registered users, summary judgment for plaintiff is affirmed where: 1) a single violation of the FTC Act may have more than one perpetrator; 2) defendants' business practices might have served to assist others in illicit or deceptive schemes, but the liability under the FTC Act that attached to defendants was not mediated by the actions of those third parties; and 3) defendants did not show that there was a material issue of fact as to whether consumer injuries were reasonably avoidable on either end of the fraudulent transactions.

Appellate Information

• Argued 03/04/2010
• Decided 05/14/2010
• Published 05/14/2010

Judges

• Before MICHAEL DALY HAWKINS, SIDNEY R. THOMAS, and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael L. Mallow (argued), Los Angeles, CA, for the appellants.


• For Appellees:
  
• Lawrence DeMille-Wagman (argued), Washington, DC, for the appellee.