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Consumer Law
Misrepresentation
Failure to Disclose

Federal Trade Commission v. Apex Capital Group LLC, a Wyoming limited liability company; Capstone Capital Solutions Limited, a United Kingdom limited company; Clik Trix Limited, a United Kingdom limited company; Empire Partners Limited, a United Kingdom limited company; Interzoom Capital Limited, a United Kingdom limited company; Lead Blast Limited, a United Kingdom limited company; Mountain Venture Solutions Limited, a United Kingdom limited company; Nutra Global Limited, a United Kingdom limited company; Omni Group Limited, a United Kingdom limited company; Rendezvous IT Limited, a United Kingdom limited company; Sky Blue Media Limited, a United Kingdom limited company; Tactic Solutions Limited, a United Kingdom limited company; Phillip Peikos, individually and as an officer of Apex Capital Group LLC; David Barnett, individually and as an officer of Apex Capital Group LLC, Mark Moskvins, individually, and as an owner and officer of Sia Transact Pro, Sia Transact Pro, a Latvian limited liability company

Published: Dec. 27, 2019 | Result Date: Sep. 11, 2019 | Filing Date: Nov. 13, 2018 |

Case number: 2:18-cv-09573-JFW-JPR Settlement –  $300,500,000

Judge

John F. Walter

Court

CD CA


Attorneys

Plaintiff

Laura A. Zuckerwise
(Federal Trade Commission)

Brian N. Lasky
(Federal Trade Commission)

Darren Lubetzky
(Federal Trade Commission)

Faye C. Barnouw
(Federal Trade Commission)


Defendant

William I. Rothbard
(Law Offices of William I. Rothard)


Facts

The Federal Trade Commission filed a complaint against Apex Capital Group, LLC, Capstone Capital Solutions Limited, Clik Trix Limited, Empire Partners Limited, Interzoom Capital Limited, Lead Blast Limited, Mountain Venture Solutions Limited, Nutra Global Limited, Omni Group Limited, Rendezvous IT Limited, Sky Blue Media Limited, and Tactic Solutions Limited, David Barnett, an Officer of Apex Capital Group, and Phillip Peikos, an Officer of Apex Capital Group, in relation to Apex's "free trial" offers.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants marketed "free trial" offers for personal care products and dietary supplements, when in fact, defendants billed consumers the full price for the products. Moreover, plaintiff also alleged that defendants enrolled consumers in continuity programs for these products, without their knowledge or consent.

DEFENDANTS' CONTENTIONS: Defendants neither admitted nor denied the contentions.

Result

Plaintiffs entered into a settlement agreement with the following defendants: Apex Capital Group, Capstone Capital Solutions LTD, Clik Trix LTD, Empire Partners LTD, Interzoom Capital LTD, Lead Blast LTD, Mountain Venture Solutions LTD, Nutra Global LTD, Omni Group LTD, Rendezvous IT LTD, Sky Blue Media LTD, Tactic Solutions LTD, Phillip Peikos, and David Barnett. These defendants agreed to pay $60,300,000, which will be partially suspended after they surrender their interests in assets. Moreover, Barnett agreed to pay $47,300,000, which will also be partially suspended after he surrenders $1 million in his assets. Additionally, the listed defendants agreed to be enjoined from continuing these practices.

Other Information

The litigation continued as to defendants SIA Transact Pro and Mark Moskvins.


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