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Federal Trade Commission v. Lombardo, Daniels & Moss, LLC

United States District Court, W.D. North Carolina, Charlotte Division

September 1, 2017

FEDERAL TRADE COMMISSION, Plaintiff,
v.
LOMBARDO, DANIELS & MOSS, LLC, Defendants.

          PRELIMINARY INJUNCTION AS TO DEFENDANT DION BARRON

          ROBERT J. CONRAD, JR. UNITED STATES DISTRICT JUDGE

         Plaintiff, Federal Trade Commission ("FTC"), commenced this civil action on August 21, 2017, pursuant to Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b), and Section 814(a) of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692/(a). On motion by the FTC, on August 24, 2017, this Court entered an ex parte temporary restraining order ("TRO") with asset freeze, appointment of receiver, and other equitable relief against Defendants Lombardo, Daniels & Moss, LLC, Dion Barron, and Charles R. Montgomery, III. Previously, the FTC, Receiver, and Defendants Lombardo, Daniels & Moss, LLC and Charles Montgomery stipulated to the entry of a preliminary injunction. On September 1, 2017, this Court held a hearing on an order to show cause why a preliminary injunction should not issue against Defendant Dion Barron.

         FINDINGS OF FACT

         This Court, having considered the pleadings, declarations, exhibits, and memoranda, and the arguments presented by the parties, finds that:

         1. This Court has jurisdiction over the subject matter of this case, there is good cause to believe it will have jurisdiction over Defendant Dion Barron.

         DEFINITIONS

         A. "Assets" means any legal or equitable interest in, right to, or claim to, any real or personal property, including, without limitation, chattels, goods, instruments, equipment, fixtures, general intangibles, leaseholds, mail or other deliveries, inventory, checks, notes, accounts, credits, contracts, receivables, shares of stock, and all cash, wherever located.

         B. "Consumer" means any person.

         C. "Corporate Defendant" means Lombardo, Daniels & Moss, LLC and its successors, assigns, affiliates, or subsidiaries, and each of them by whatever names each might be known.

         D. "Debt" means any obligation or alleged obligation to pay money arising out of a transaction, whether or not such obligation has been reduced to judgment.

         E. "Defendants" means the Individual Defendants and the Corporate Defendant, individually, collectively, or in any combination, and each of them by whatever names each might be known.

         F. "Document" is synonymous in meaning and equal in scope to the usage of the term in Federal Rule of Civil Procedure 34(a), and includes writings, drawings, graphs, charts, photographs, audio and video recordings, computer records, and other data compilations from which the information can be obtained and translated, if necessary, through detection devices into reasonably usable form. A draft or non-identical copy is a separate document within the meaning of the term.

         G. "Financial Institution" means any bank, savings and loan institution, credit union, or any financial depository of any kind, including, but not limited to, any brokerage house, or otherwise, whether acting directly or through any corporation, subsidiary, division, or other device, are hereby restrained and enjoined from:

         A. Misrepresenting, or assisting others who are misrepresenting, expressly or by implication, orally or in writing, any of the following:

1. that any consumer is delinquent on a payday loan or other debt that any Defendant or any other person has authority to collect;
2. that any consumer has a legal obligation to pay any Defendant or any other person;
3. that non-payment of a purported debt will result in a consumer's arrest, or in seizure, garnishment, or attachment of a consumer's property or wages;
4. that any Defendant or any other person has taken, intends to take, or has authority to take formal legal action against a consumer who fails to pay any debt;
5. that any Defendant or any other person is an attorney or affiliated or associated with an attorney;
6. that any Defendant or any other person is a law firm; or
7. the character, amount, or legal status of a debt;

         B. Communicating with third parties for purposes other than acquiring location information about a consumer, without having obtained directly the prior consent of the consumer or the express permission of a court of competent jurisdiction, and when not reasonably necessary to effectuate a postjudgment judicial remedy;

         C. Placing telephone calls without meaningfully disclosing the caller's identity;

         I. Engaging in any other conduct that violates the FDCPA, 15 U.S.C. §§ 1692- 1692p.

         PROHIBITION ON RELEASE OF CONSUMER INFORMATION

         II. IT IS FURTHER ORDERED that, except as required by a law enforcement agency, law, regulation or court order, Defendant Dion Barron, and his 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 by personal service or otherwise, are restrained and enjoined from disclosing, using, or benefitting from consumer information, including the name, address, telephone number, email address, social security number, other identifying information, or any data that enables access to a consumer's account (including a credit card, bank account, or other financial account), of any person which any Defendant obtained prior to entry of this Order in connection with any debt collection service. Provided, however, that Defendant Dion Barron may disclose such identifying information to a law enforcement agency, as required by any law, regulation, or court order, or in any filings, pleadings or discovery in this action in the manner required by the Federal Rules of Civil Procedure and by any protective order in the case.

         ASSET ...


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