United States Ninth Circuit

Summary judgment in favor of the Federal Trade Commission (FTC) and order enjoining defendant from engaging in a variety of marketing tactics are affirmed in part: 1) where individual liability for corporate malfeasance is available for violations of the Electronic Fund Transfers Act because such violations are also violations of the FTC Act; 2) Vertek, defendant’s wholly controlled company, committed multiple violations of the FTC Act, through misleading advertising and various marketing schemes; 3) defendant was personally liable for both injunctive relief and restitution with respect to three of Vertek’s schemes; and 4) the scope of the district court’s permanent injunction was not overbroad. Judgment is vacated in part where defendant could not be held liable for either injunctive relief or restitution with respect to one of Vertek’s schemes.

Appellate Information

• Decided 08/15/2014
• Published 08/15/2014

Judges

• M. SMITH

Court

• United States Ninth Circuit

Counsel