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CD earth, New Mexico Complaints & Reviews - SCAM

CD earth Contacts & Informations

CD earth

Posted:    J.J. the 2nd

SCAM

Complaint Rating:  100 % with 54 votes
Contact information:
J. Gantt
New Mexico
United States
I never received the CD's (ok technicaly I did)
The fine print on the web site read

6. Software Library Club Membership and Billing. CD EARTH provides numerous products, services, and software in connection with its business. With respect to software provided hereunder, there is a discounted, non-refundable shipping and processing fee of USD$2.96 for the initial four CD software set. You may keep any two CD's free of charge from the initial set. The other two CD's in the first set are yours to review during a 25 day trial period WHICH STARTS THE DAY YOU RECEIVE YOUR CD'S. If for any reason you decide the complete set is not for you, simply visit us at www.cdearth.com/freecd before your 25 day free trial expires. You will need to follow the instructions at such web link to indicate your intention to return two of the CD's and you will not be charged for the two trial CDs. If you elect to keep all four CD's or you otherwise fail to comply with the foregoing instructions, you will be billed to the credit or debit card provided the price of $14.99 for each of the two trial CD's.

After placing the order I discovered the complaints about the company and called to cancel. I was sent an e-mail confirming this. Then the cd's came (or atleast I assumed it was the cd's) I simply wrote " refused - return to sender" . Then a month later I get charged $29.98 on my check card. I have contacted the company only to be told I need to speak with a superviser. However there is not one avaliable at this moment and placed on hold . After 20 mins I hungup and retryed the call .Again the same thing (if I had not ended the call (s) I would probably stiill be on hold).

I am curently contacting my bank to file fraud charges.
Comments United States Unauthorized Mobile Charges
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Comments

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 8th of Aug, 2009 by   djbpt92 0 Votes
I was afraid that something like this may happen with CDEarth. I will send a note to Clark Howard and inform him about this scam. His was the site that I heard about the site and I am sure that he would not support this type of customer No service. I received the same offer this week and I will send them back. Thanks for the heads up.
 24th of Aug, 2009 by   Ingamc 0 Votes
I am being billed by Cd.Earth and I want nothing to do with them!!! I ordered once ... But now I DO NOT WANT ANY MORE DEDUCTIONS OF THIS CARD!!! AND URGENTLY WANT TO GET OUT OF THIS!!! PLEASE HELP. HOW DOES THIS GET SORTED OUT. UNSUBSCRIBE DOES NOT HELP!!! THIS IS NOT EVEN MY CREDIT CARD I HAVE BEEN USING - SOMEBODY DID ME A FAVOR BY LETTING ME USE IT ONLY ONCE!!!

Inga Mc Dermott South Africa!!!
 22nd of Sep, 2009 by   GrahamBW 0 Votes
I'm staggered to read several blogs/sites about this outfit. After all their dodgy dealings I am amazed they still exist. I too am a victim. Even the intervention of legal bodies and governments doesn't seem to deter them.
Amazing - they must be either very thick skinned or stupid - or both.
GBW
 22nd of Sep, 2009 by   GrahamBW 0 Votes
Phone your bank, cancel your card. Get a new card. The bank can block further deductions.
GBW
 22nd of Sep, 2009 by   tcreader123 0 Votes
Actually it's very clear that all you have to do is follow the Terms and Conditions. Before you can place the order you have to check off a Box that says you have the read them before you can continue and even enter your name. If you READ the Terms it states that you have 2 free CD's and 2 Trial Cd's that you have to mail back within 25 days if you don't want them.

I did that and I never experienced any problems nor any more charges.
 7th of Oct, 2009 by   Yamma1 0 Votes
Hi there folks,
This company are unbelievable. I am posting you the actual file from their $2.2 court case, email it across to CD Earth and you should get your money back.

Beware! They will only offer 1, 2 or 3 refunds, so stay with it (you'll nothing to loose).

This file should hopefully get you something back, so don't stop until YOU are satisfied.

Mark Pincher

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
Federal Trade Commission,
Plaintiff,
v.
Think All Publishing, L.L.C. and
Yuri Mintskovsky,
Defendants.
Civil Action No. 4:07CVIl
STIPULATED FINAL JUDGMENT AND ORDER
FOR PERMANENT INJUNCTION
Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), filed its Complaint
for a permanent injunction and other equitable relief in this matter pursuant to Sections 5(a) and
13(b) ofthe Federal Trade Commission Act, 15 U.S.C. §§ 45(a) and 53(b), charging Defendants
Think All Publishing, L.L.C. and Yuri Mintskovsky with unfair and deceptive acts and practices
in violation of Section 5 ofthe FTC Act, 15 U.S.C. § 45, and the Unordered Merchandise
Statute, 39 U.S.C. § 3009.
Plaintiff Commission, by and through its attorneys, and Defendants Think All Publishing,
L.L.C. and Yuri Mintskovsky have agreed to entry of this Stipulated Final Judgment and Order
for Permanent Injunction ("Order") by this Court in order to resolve all claims against
Defendants in this action. The Commission and Defendants have consented to entry ofthis
Order without trial or adjudication ofany issue of law or fact herein and without Defendants
admitting liability for any ofthe violations alleged in the Complaint.
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 1 of 27
Being fully advised in the premises and acting upon the joint motion ofthe parties to
enter this Order,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows:
1. This Court has jurisdiction over the subject matter ofthis case and personal
jurisdiction over Defendants;
2. The Complaint states a claim upon which reliefmay be granted against
Defendants under Sections 5 and 13(b) of the FTC Act, 15 U.S.C. §§ 45 and 53(b), and the
Unordered Merchandise Statute, 39 U.S.C. § 3009;
3. Venue in this district is proper under 28 U.S.C. § 1391(b) and 15 U.S.C. § 53(b);
4. The activities ofDefendants are "in or affecting commerce" as "commerce" is
defined in Section 4 ofthe FTC Act, 15 U.S.C. § 44;
5. Entry ofthis Order is in the public interest;
6. Defendants have read and fully understand the Complaint against them and the
provisions of this Order, and they freely enter into this Order; and
7. Defendants have waived all claims under the Equal Access to Justice Act, 28
U.S.C. § 2412, and all rights to seek judicial review or otherwise challenge the validity ofthis
Order. The parties shall each bear their own costs and attorney's fees incurred in this action.
DEFINITIONS
For the purpose ofthis Order, the following definitions shall apply:
A. Unless otherwise specified, "Defendants" means:
a. Think All Publishing, L.L.c., a Texas limited liability company, its
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Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 2 of 27
divisions and subsidiaries, and its successors and assigns; and
b. Yuri Mintskovsky, individually.
B. "Assets" means any legal or equitable interest in, right to, or claim to, any real
and personal property, including, but not limited to, "goods, " "instruments, " "equipment, "
"fixtures, " "general intangibles, " "inventory, " "checks, " "notes" (as these terms are defined in
the Uniform Commercial Code), and all chattel, leaseholds, contracts, mail or other deliveries,
shares of stock, lists of consumer names, accounts, credits, premises, receivables, funds, and
cash, wherever located.
C. "Assisting others" includes, but is not limited to, providing any ofthe following
goods or services to another entity: (1) performing customer service functions, including, but
not limited to, receiving or responding to consumer complaints; (2) formulating or providing, or
arranging for the formulation or provision of, any telephone sales script or any other marketing
material; (3) providing names of, or assisting in the generation of, potential customers; or (4)
performing marketing or billing services of any kind.
D. "Document" is synonymous in meaning and equal in scope to the usage ofthe
term "documents or electronically stored information" in Federal Rille ofCivil Procedure 34(a)
and includes writings, drawings, graphs, charts, photographs, audio and video recordings, files,
media, or records containing electronically stored information, 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.
Page 3 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 3 of 27
E. "Billing Information" means any data that enables any person to access a
consumer's account, such as a credit card, checking, savings, share, or similar account, utility
bill, mortgage loan account, or debit card.
F. "Clearly and Conspicuously" means:
a. in print communications, the message shall be in a type size and location
sufficiently noticeable for an ordinary consumer to read and comprehend
it, in print that contrasts with the background against which it appears;
b. in communications disseminated orally, the message shall be delivered in
a volume and cadence sufficient for an ordinary consumer to hear and
comprehend it;
c. in communications made through an electronic medium (such as
television, video, radio, and interactive media such as the Internet, online
services, and software), the message shall be presented simultaneously in
both the audio, if any, and visual portions ofthe communication. In any
communication presented solely through visual or audio means, the
message may be made through the same means in which the
communication is presented. In any communication disseminated by
means of an interactive electronic medium such as software, the Internet,
or online services, a disclosure must be unavoidable and presented prior to
the consumer incurring any financial obligation. Any audio message shall
be delivered in a volume and cadence sufficient for an ordinary consumer
Page 4 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 4 of 27
to hear and comprehend it. Any visual message shall be ofa size and
shade, with a degree of contrast to the background against which it
appears, and shall appear on the screen for a duration and in a location
sufficiently noticeable for an ordinary consumer to read and comprehend
it; and
d. regardless ofthe medium used to disseminate it, the message shall be in
understandable language and syntax. Nothing contrary to, inconsistent
with, or in mitigation ofthe message shall be used in any communication.
G. "Negative Option Feature" means, in an offer or agreement to sell or provide
any product or service, a provision under which the consumer's silence or failure to take an
affirmative action to reject products or services or to cancel the agreement is interpreted by the
seller or provider as acceptance of the offer. Agreements with Negative Option Features
include, but are not limited to: (i) free or introductory price trial offers in which the consumer
receives a product or service for free or at a nominal or introductory price for an initial period
and will incur an obligation to payor pay a greater amount for the product or service ifhe or she
does not take affirmative action to cancel, reject, or return the product or service before the end
of that period; (ii) continuity plans in which, subsequent to the consumer's agreement to the plan,
the seller or provider automatically ships products to a consumer unless the consumer notifies
the seller or provider within a certain time not to ship the products; and (iii) automatic renewal
plans in which the seller or provider automatically renews the agreement and charges the
consumer unless the consumer cancels before the renewal.
Page 5 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 5 of 27
ORDER
I. PROHIBITION ON MISREPRESENTATIONS
IT IS THEREFORE ORDERED that Defendants, and their agents, servants,
salespersons, employees, and those persons in active concert or participation with them, whether
acting directly or through any sole proprietorship, partnership, limited liability company,
corporation, subsidiary, branch, division, or other entity, who receive actual notice of this Order
by personal service or otherwise, in connection with the advertising, promoting, offering for sale,
or sale of any product or service by means of a Negative Option Feature, are hereby permanently
restrained and enjoined from misrepresenting, or assisting others in misrepresenting, expressly or
by implication, any material fact, including, but not limited to:
A. That a product or service is offered on a "free, " "trial, " or "no obligation" basis,
or words of similar import, denoting or implying the absence of any obligation on the part ofthe
recipient of the offer to affirmatively act in order to avoid charges if, in fact, a charge will be
assessed pursuant to the offer unless the consumer takes affirmative action to cancel;
B. The amount that a consumer will be charged or billed;
C. That a consumer will not be charged or billed;
D. The timing or manner of any charge or bill (including, but not limited to, whether
it will be a credit card charge or a checking account debit);
E. The length of any trial period that consumers receive before being charged or
billed;
F. Through, among other things, mailings, email, billings, credit card charges, and
Page 6 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 6 of 27
checking account debits, that a consumer purchased or agreed to purchase a product or service,
or that a transaction has been authorized by a consumer.
II. REQUIRED DISCLOSURES
IT IS FURTHER ORDERED that Defendants, and their agents, servants, salespersons,
employees, and those persons in active concert or participation with them, whether acting
directly or through any sole proprietorship, partnership, limited liability company, corporation,
subsidiary, branch, division, or other entity, who receive actual notice ofthis Order by personal
service or otherwise, in connection with the advertising, promoting, offering for sale, or sale of
any product or service, are hereby permanently restrained and enjoined from failing to clearly
and conspicuously disclose, before consumers are asked to pay money, submit consideration, or
submit billing information: all fees and costs; all material conditions, limitations, or restrictions
applicable to the purchase, receipt, or use of the product or service that is the subject ofthe offer
(including any promotion associated with free products or services, or products or services
available on a trial basis); and all material terms and conditions of any offer with a Negative
Option Feature, including, but not limited to:
A. The dollar amount ofthe first payment and when it will be charged, withdrawn, or
become due; the timing or frequency (e.g., monthly, quarterly) of all subsequent charges or
payments and the dollar amount or range of costs of all subsequent charges or payments;
B. If a withdrawal will be made or a charge assessed at the end of a trial period
unless the consumer cancels: this fact; when the trial period begins; the length of the trial
Page 7 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 7 of 27
period; the specific steps and means by which a cancellation request must be submitted; and the
date by or time period within which a cancellation request must be received to avoid a charge;
C. If products are automatically shipped to a consumer, or a membership,
subscription, or agreement for products or services that are offered on a periodic basis is
automatically renewed unless the consumer provides notification within a certain time not to
ship or renew: this fact; the length ofthe subsequent renewal period; the manner in which a
notice not to ship or renew must be submitted; the date by or time period within which a notice
not to ship or renew must be received to avoid shipment or renewal (e.g., two weeks after the
consumer is advised of an upcoming shipment); and the telephone number, email address, or
street address to which such notice must be directed; and
D. All material conditions, limitations and restrictions on the ability of the consumer
to use any product or service that is offered "free, " "risk-free, " with "no obligation, " or as
discounted or reduced in price, or words of similar import denoting or implying the absence of
any obligation on the part of the recipient of such offer to payor pay a greater amount for such
product or service or to take affirmative action to avoid incurring payment or increased payment
obligations, whether such product or service is the subject of the offer to the consumer or such
product or service is offered to a consumer who accepts an offer for other products or services.
Page 8 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 8 of 27
III. EXPRESS INFORMED CONSENT
IT IS FURTHER ORDERED that Defendants, and their agents, servants, salespersons,
employees, and those persons in active concert or participation with them, whether acting
directly or through any sole proprietorship, partnership, limited liability company, corporation,
subsidiary, branch, division, or other entity, who receive actual notice ofthis Order by personal
service or otherwise, in connection with the advertising, promoting, offering for sale, or sale of
any product or service, are hereby permanently restrained and enjoined from directly or
indirectly using billing information to obtain payment in connection with the marketing of any
product or service, without the express informed consent of the consumer, which shall include
express informed consent to be charged for the product or service using a specified billing
account, and the clear and conspicuous disclosure ofthe information identified in Section II,
above, in close proximity to the consumer's express consent to purchase such products or
services. In connection with the marketing ofany product or service pursuant to an offer or
agreement with a Negative Option Feature, the following requirements must be met to evidence
express informed consent:
A. One ofthe following means must be used to evidence that the consumer has given
express informed consent:
1. Obtaining the consumer's express written or digital authorization to
purchase the product or service that is the subject of the transaction and
the consumer's authorization to assess a charge against a specified account
for payment. Such authorization must include the consumer's signature
Page 9 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 9 of 27
(the term "signature" includes a verifiable electronic or digital form of
signature, to the extent such form of signature is recognized as a valid
signature under applicable federal law, including ESIGN, or state contract
law); or
2. Obtaining the consumer's express oral authorization to purchase the
product or service that is the subject of the transaction and the consumer's
authorization to assess a charge against a specified account for payment
that is audio-recorded, as follows:
a. the recording must evidence that the consumer, during that
transaction, at a minimum, has provided the last four (4) digits of
the account number to be charged;
b. the recording must evidence that the disclosure requirements of
Section II, above, have been complied with;
c. the recording must include the entirety of the transaction;
d. the recording can be identified and located by either the
consumer's name or telephone number; and
e. a copy of the recording is provided upon request to the consumer,
the consumer's bank, credit or debit card company or other billing
entity, state attorney general or consumer protection agency, and
the Commission.
Page 10 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 10 of 27
B. For any transaction involving a service, within the lesser often (10) days after the
date of the transaction or half the time of any trial period, the consumer must be sent written
confirmation ofthe transaction that includes all information required to be disclosed pursuant to
Section II, above, and a clear and conspicuous statement of the procedures by which the
consumer can cancel or obtain a refund. The confirmation must be sent either by first class mail
with the nature ofthe confirmation identified in a clear and conspicuous manner on the outside
of the envelope or by a private mail carrier pre-approved by the Commission's Associate
Director of Enforcement; provided, however, that the term "service" as used in subsection B of
Section III of this Order does not include providing a service for which there is no charge or fee
in addition to the purchase price of the computer software CDs sold or marketed by Defendants;
C. For any transaction involving a product, the first product shipment must contain
written confirmation ofthe transaction that includes all ofthe information that is required to be
disclosed pursuant to Section II, above, and a clear and conspicuous statement of the procedures
by which the consumer can cancel or obtain a refund; and
D. At least thirty (30) days prior to renewing a consumer's membership,
subscription, or agreement to purchase for any service (in the case of a membership,
subscription, or agreement whose term is six months or longer) and prior to the submission for
payment of a consumer's billing information for such services, a consumer must be sent written
confirmation of such renewal that includes all of the information that is required to be disclosed
pursuant to Subsections ILA, B, and D ofthis Order, above, and a clear and conspicuous
statement of the procedures by which the consumer can cancel such renewal. The confirmation
Page 11 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 11 of 27
must be sent either by first class mail with the nature of the confirmation identified in a clear and
conspicuous manner on the outside ofthe envelope or by a private mail carrier pre-approved by
the Commission's Associate Director of Enforcement; provided, however, that the term
"service" as used in subsection D of Section III of this Order does not include providing a
service for which there is no charge or fee in addition to the purchase price of the computer
software CDs sold or marketed by Defendants
IV. PROHIBITIONS RELATING TO REFUNDS AND CANCELLATIONS
IT IS FURTHER ORDERED that Defendants, and their agents, servants, salespersons,
employees, and those persons in active concert or participation with them, whether acting
directly or through any sole proprietorship, partnership, limited liability company, corporation,
subsidiary, branch, division, or other entity, who receive actual notice ofthis Order by personal
service or otherwise, in connection with the advertising, promoting, offering for sale, or sale of
any product or service, are hereby permanently restrained and enjoined:
A. From failing to disclose, clearly and conspicuously, before consumers are asked
to pay money, submit consideration, or submit billing information: (1) if a representation is
made about a refund or cancellation policy, all material terms and conditions of such policy; or
(2) if there is a policy of not making refunds or cancellations, this fact;
B. If a policy allowing consumers to cancel or obtain a refund has been disclosed to
the consumer, from failing to honor any request that complies with such policy; and
C. From misrepresenting, or assisting others in misrepresenting, expressly or by
implication, the terms and conditions of any refund or cancellation policy or policies, including
Page 12 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 12 of 27
but not limited to, that consumers who accept an offer can easily cancel to avoid the assessment
ofa charge.
V. PROHIBITION ON VIOLATIONS OF THE UNORDERED MERCHANDISE
STATUTE
IT IS FURTHER ORDERED that Defendants, and their agents, servants, salespersons,
employees, and those persons in active concert or participation with them, whether acting
directly or through any sole proprietorship, partnership, limited liability company, corporation,
subsidiary, branch, division, or other entity, who receive actual notice ofthis Order by personal
service or otherwise, in connection with the advertising, promoting, offering for sale, or sale of
any product or service, are hereby permanently restrained and enjoined from violating any ofthe
provisions ofthe Unordered Merchandise Statute, 39 U.S.C. § 3009, or as it may hereafter be
amended, including, but not limited to:
A. Sending any merchandise without the prior expressed request or consent ofthe
recipient unless such merchandise is clearly and conspicuously marked as a free sample and has
attached to it a clear and conspicuous statement that the recipient may treat the merchandise as a
gift and may retain, use, discard, or dispose ofit in any manner without any obligation
whatsoever to the sender; and
B. Sending any communication, including, but not limited to, bills, invoices,
reminders, letters, notices, or dunning communications, that in any manner seeks to obtain
payment for any merchandise shipped without the prior expressed request or consent ofthe
recipient.
Page 13 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 13 of 27
VI. PROHIBITION ON PROVIDING CUSTOMER LISTS
IT IS FURTHER ORDERED that Defendants, and their agents, servants, employees,
and all other persons or entities in active concert or participation with them who receive actual
notice of this Order by personal service or otherwise, are hereby permanently restrained and
enjoined from selling, renting, leasing, transferring, or otherwise disclosing the name, address,
telephone number, social security number, or other identifying information ofany person who
purchased products and services from Defendants at any time prior to January 12, 2007.
Provided, however, that Defendants may disclose such identifying information to a law
enforcement agency or as required by any law, regulation, or court order.
VII. MONETARY JUDGMENT
IT IS FURTHER ORDERED that
A. Judgment in the amount of SIX MILLION DOLLARS ($6, 000, 000) is entered
jointly and severally against Defendants Think All Publishing, L.L.C. and Yuri Mintskovsky as
equitable monetary relief, including, but not limited to, restitution and/or disgorgement;
provided, however, that upon Defendants' fulfillment of the payment obligations of Section
VII.B ofthis Order, this judgment shall be deemed satisfied subject only to the provisions of Section
VIII of this Order.
B. The third parties identified in Attachment A to this Order, which is under seal, are
ordered to turn over to the Commission or its designated agent the assets identified in
Attachment A to this Order totaling approximately two million one hundred fifty thousand
dollars ($2, 150, 000) (the exact amount to be determined when the assets, including mutual
Page 14 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 14 of 27
funds, are unfrozen and liquidated) in the form of wire transfers or certified or cashier's checks
made payable to the Commission or such agent as the Commission may direct. Defendants are
ordered to tum over seventeen thousand five hundred dollars ($17, 500) to the Commission or its
designated agent in the form ofa wire transfer or certified or cashier's check made payable to the
Commission or such agent as the Commission may direct.
Provided that to the extent any identified third party cannot comply with this Subsection
without the assistance ofDefendants, such party must, within three (3) business days of
receiving this Order, notify Defendants and counsel for the FTC of its inability to comply. Such
notification shall specify the actions by Defendant(s) that are necessary to comply with this
Order. Defendants shall immediately complete any action necessary to facilitate the identified
third party's ability to timely comply with this Section, and Defendants' failure to complete such
action within ten (10) days shall be deemed a violation of the Order, and interest at the rate
prescribed in 28 U.S.C. § 1961 shall immediately begin to accrue.
C. Time is of the essence for the payments specified above. In the event that
Defendants do not fulfill, or only partially fulfill, their obligations, Defendants shall be
immediately liable for payment of SIX MILLION DOLLARS ($6, 000, 000.00), which is the
entire amount ofthe judgment, plus interest at the rate prescribed in 28 U.S.c. § 1961.
Notwithstanding any other provision of this Order, Defendants agree that, if they fail to meet
their obligations set forth in this Section ofthe Order, the facts as alleged in the Complaint filed
in this matter shall be taken as true in any subsequent litigation filed by the Commission to
Page 15 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 15 of 27
enforce its rights pursuant to this Order, including, but not limited to, a nondischargeability
complaint in any subsequent bankruptcy proceeding.
D. All funds paid pursuant to this Order shall be deposited into a fund administered
by the Commission or its agent to be used for equitable relief, including, but not limited to,
restitution and any attendant expenses for the administration of any fund to redress consumer
injury. In the event that direct restitution to consumers is wholly or partially impracticable or
funds remain after restitution is completed, the Commission may apply any remaining funds for
such other equitable relief (including consumer information remedies) as it determines to be
reasonably related to the Defendants' practices alleged in the Complaint. Any funds not used for
such equitable relief shall be deposited to the Treasury as disgorgement. Defendants shall have
no right to challenge the Commission's choice ofremedies under this Section.
E. Defendants shall have no right to contest the manner of distribution chosen by the
Commission. No portion of any payments under the judgment herein shall be deemed a payment
of any fine, penalty, or punitive assessment.
F. Defendants acknowledge and agree that any money paid pursuant to this Order is
irrevocably paid to the FTC for purposes of settlement between the FTC and Defendants, and
Defendants relinquish all rights, title, and interest to such money.
G. Defendants shall provide the Commission, or its agent, within thirty (30) days of
a request, to the extent such records exist, the following information for all consumers who
purchased computer software CDs from Defendants prior to January 12, 2007: name, last known
Page 16 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 16 of 27
address, telephone number, e-mail address, amounts paid to Defendants, and the amount of
refund, if any. Defendants shall provide this information in electronic format, if available.
VIII. FINANCIAL STATEMENTS
IT IS FURTHER ORDERED that, within five (5) business days after entry ofthis
Order, Defendants each shall submit to the FTC a truthful sworn statement that shall
acknowledge receipt of this Order and shall reaffirm and attest to the truth, accuracy and
completeness ofthe financial statements previously submitted to the FTC. The FTC's
agreement to this Order and the Court's approval are expressly premised on the truthfulness,
accuracy and completeness of the financial statements and supporting documents submitted to
the FTC on March 4, 2008. If, upon motion by the FTC, the Court finds that the financial
statements or supporting documents of any Defendant contain any material misrepresentation or
failed to disclose any material asset the value of which exceeds $1, 000, then the suspension of
the judgment set forth in Section VII shall be vacated and the full amount ofthe judgment shall
immediately become due and payable, less any payments already made; provided, however, that
in all other respects this Order shall remain in full force and effect unless otherwise ordered by
the Court; and, providedfurther, that proceedings instituted under this provision would be in
addition to, and not in lieu of, any other civil or criminal remedies as may be provided by law,
including any other proceedings that the FTC may initiate to enforce this Order. For purposes of
this Section VIII, Defendants waive any right to contest any ofthe allegations in the Complaint.
Page 17 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 17 of 27
IX. COMPLIANCE MONITORING
IT IS FURTHER ORDERED that, for the purpose ofmonitoring and investigating
compliance with any provision of this Order:
A. Within fifteen (15) days of receipt ofwritten notice from a representative ofthe
Commission, Defendants each shall submit additional written reports, sworn to under penalty of
perjury; produce documents for inspection and copying; appear for deposition; and/or provide
entry during normal business hours to any business location in such defendant's possession or
direct or indirect control to inspect the business operation;
B. In addition, the Commission is authorized to monitor compliance with this Order
by all other lawful means, including but not limited to the following:
1. obtaining discovery from any person, without further leave of court, using
the procedures prescribed by Fed. R. Civ. P. 30, 31, 33, 34, 36, and 45;
2. posing as consumers and suppliers to Defendants, their employees, or any
other entity managed or controlled in whole or in part by Defendant Think All Publishing,
L.L.C. or Defendant Yuri Mintskovsky, without the necessity ofidentification or prior notice;
and
C. Defendants shall permit representatives ofthe Commission to interview any
employer, consultant, independent contractor, representative, agent, or employee who has agreed
to such an interview, relating in any way to any conduct subject to this Order. The person
interviewed may have counsel present;
Page 18 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 18 of 27
Provided, however, that nothing in this Order shall limit the Commission's lawful use of
compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 5Th-I, to
obtain any documentary material, tangible things, testimony, or information relevant to unfair or
deceptive acts or practices in or affecting commerce (within the meaning of 15 U.S.C
§ 45(a)(l)).
X. COMPLIANCE REPORTING BY DEFENDANTS
IT IS FURTHER ORDERED that, in order that compliance with the provisions ofthis
Order may be monitored:
A. For a period of three (3) years from the date of entry of this Order,
1. Defendant Yuri Mintskovsky shall notify the Commission of the
following:
a. any changes in his residence, mailing addresses, and telephone
numbers within ten (10) days ofthe date ofsuch change;
b. any changes in his employment status (including selfemployment),
and any change in his ownership in any business
entity, within thirty (30) days of the date of such change. Such
notice shall include the name and address of each business that he
is affiliated with, employed by, creates or forms, or performs
services for; a statement ofthe nature of the business; and a
statement of his duties and responsibilities in connection with the
business or employment; and
Page 19 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 19 of 27
c. any change in his name or use of any aliases or fictitious names;
and
2. Defendants shall notify the Commission ofany changes in the corporate
structure of Defendant Think All Publishing, L.L.C. or any business entity
that Defendant Yuri Mintskovsky directly or indirectly controls, or has an
ownership interest in, that may affect compliance obligations arising
under this Order, including but not limited to a dissolution, assignment,
sale, merger, or other action that would result in the emergence of a
successor entity; the creation or dissolution of a subsidiary, parent, or
affiliate that engages in any acts or practices subject to this Order; the
filing of a bankruptcy petition; or a change in the corporate name or
address, at least thirty (30) days prior to such change, provided that, with
respect to any proposed change in the corporation about which Defendants
learn ofless than thirty (30) days prior to the date such action is to take
place, Defendants shall notify the Commission as soon as is practicable
after obtaining such knowledge;
B. One hundred eighty (180) days after the date of entry ofthis Order, Defendants
each shall provide a written report to the FTC, sworn to under penalty ofperjury, setting forth in
detail the manner and form in which they have complied and are complying with this Order.
This report shall include, but not be limited to:
1. For Defendant Yuri Mintskovsky:
Page 20 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 20 of 27
a. his then-current residence address, mailing addresses, and
telephone numbers;
b. his then-current employment and business addresses and telephone
numbers, a description ofthe business activities of each such
employer or business, and his title and responsibilities for each
such employer or business; and
c. any other changes required to be reported under subparagraph A of
this Section X;
2. For all Defendants:
a. a copy of each acknowledgment ofreceipt ofthis Order obtained
pursuant to Section XII; and
b. any other changes required to be reported under subparagraph A of
this Section X;
C. For the purposes ofthis Order, Defendants shall, unless otherwise directed by the
Commission's authorized representatives, mail all written notifications to the Commission to:
Associate Director, Division of Enforcement
Federal Trade Commission
601 New Jersey Avenue, N.W.
Washington, D.C. 20580
RE: FTC v. Think All Publishing, L.L.c., et al., Civil Action No. 4:07-CV-l1
D. For purposes ofthe compliance reporting and monitoring required by this Order,
the Commission is authorized to communicate directly with Defendants.
Page 21 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 21 of 27
XI. RECORD KEEPING
IT IS FURTHER ORDERED that, for a period of six (6) years from the date of entry of
this Order, in connection with any business where Defendant Think All Publishing, L.L.C. or
Defendant Yuri Mintskovsky is the majority owner of the business or directly or indirectly
manages or controls the business, Defendants and their agents, employees, officers, corporations,
successors, and assigns, and those persons in active concert or participation with them who
receive actual notice of this Order by personal service or otherwise, are hereby restrained and
enjoined from failing to create and retain the following records:
A. Accounting records that reflect the cost ofgoods or services sold, revenues
generated, and the disbursement of such revenues;
B. Personnel records accurately reflecting: the name, address, and telephone number
of each person employed in any capacity by such business, including as an independent
contractor; that person's job title or position; the date upon which the person commenced work;
and the date and reason for the person's termination, if applicable;
C. Customer files containing the names, addresses, telephone numbers (ifknown),
dollar amounts paid, quantity of items or services purchased, and description ofitems or services
purchased, to the extent such information is obtained in the ordinary course ofbusiness;
D. Complaint and refund requests (whether received directly, indirectly or through
any third party) and any responses to those complaints or requests;
E. Copies of all sales scripts, training materials, advertisements, or other marketing
materials; and
Page 22 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 22 of 27
F. All records and documents necessary to demonstrate full compliance with each
provision ofthis Order, including but not limited to, copies of all procedures for receiving and
responding to consumer complaints, all documents relating to investigations of consumer
complaints, and all documents demonstrating how each consumer complaint was responded to or
addressed, required by Section Xl; acknowledgments ofreceipt ofthis Order, required by
Section XII; and all reports submitted to the FTC pursuant to Section IX.
XII. DISTRIBUTION OF ORDER BY DEFENDANTS
IT IS FURTHER ORDERED that, for a period of three (3) years from the date ofentry
of this Order, Defendants shall deliver copies of this Order as directed below:
A. Defendant Think All Publishing, L.L.C. must deliver a copy ofthis Order to all
principals, officers, directors, and managers. Defendant Think All Publishing, L.L.C. also must
deliver copies of this Order to all ofits employees, agents, and representatives who engage in
conduct related to the subject matter ofthe Order. For current personnel, delivery shall be
within five (5) days of service of this Order upon Defendant Think All Publishing, L.L.C. For
new personnel, delivery shall occur prior to them assuming their responsibilities;
B. Defendant Yuri Mintskovsky as control person: For any business entity that
Defendant Yuri Mintskovsky controls, directly or indirectly, or in which he has a majority
ownership interest, Defendant Yuri Mintskovsky must deliver a copy ofthis Order to all
principals, officers, directors, and managers. Defendant Yuri Mintskovsky must also deliver
copies of this Order to all employees, agents, and representatives who engage in conduct related
to the subject matter ofthe Order. For current personnel, delivery shall be within five (5) days
Page 23 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 23 of 27
of service ofthis Order upon Defendant Yuri Mintskovsky. For new personnel, delivery shall
occur prior to them assuming their responsibilities;
C. Defendant Yuri Mintskovskyas employee or non-control person: For any
business where Defendant Yuri Mintskovsky is not a controlling person of a business but
otherwise engages in conduct related to the subject matter ofthe Order, Defendant Yuri
Mintskovsky must deliver a copy ofthis Order to all principals and managers ofsuch business
before engaging in such conduct; and
D. Defendants must secure a signed and dated statement acknowledging receipt of
the Order, within thirty (30) days of delivery, from all persons receiving a copy of the Order
pursuant to this Section.
XIII. ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANTS
IT IS FURTHER ORDERED that Defendants, within five (5) business days ofreceipt
of this Order as entered by the Court, must each submit to the Commission a truthful sworn
statement acknowledging receipt ofthis Order.
XIV. LIFTING OF ASSET FREEZE
IT IS FURTHER ORDERED that upon entry of this Order and transfer of the amounts
set forth in Section Vll, the freeze against assets imposed by the Preliminary Injunction Order
Freezing Assets and Providing Equitable Relief, entered in this case on September 4, 2007, shall
be lifted permanently as to Defendants.
Page 24 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 24 of 27
XV. RETENTION OF JURISDICTION
IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for
purposes of construction, modification, and enforcement of this Order.
IT IS SO ORDERED.
Page 25 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 25 of 27
SO STIPULATED AND AGREED:
FOR DEFENDANT THINK ALL PUBLISHING, L.L.C.
DIANEK. LETTELLEIR
Texas Bar No. 12241525
Winstead, P.C.
5400 Renaissance Tower
1201 Elm Street
Dallas. Texas 75270
214-745-5400
COUNSEL FORTHINK. ALL PUBLISHING. L.L.C.
Date:
FOR DEFENDANT YURI MINTSKOVSKY, AND
.A
THINK ALJw UBL SHING, L.L.C.
I: ...,
li ---+-+-
/ j
.v I
• INDIVIDUALLY ANDAS
ALL PUBLISHING. L.L.C.
;
f
!
Page 26 of 28
Dare:~Z008
Dare:#00I?
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 26 of 27
FOR THE PLAINTIFF
FEDERAL TRADE COMMISSION
WILLIAM BLUMENTHAL
General Counsel
ary D. Kennedy
Oklahoma Bar No. 49
Attorney-In-Charge
Luis H. Gallegos
Oklahoma Bar No. 19098
OfCounsel
Eliseo N. Padilla
Florida Bar No. 192929
Of Counsel
Federal Trade Commission
1999 Bryan Street, Suite 2150
Dallas, Texas 75201
(214) 979-9379 (Kennedy)
(214) 979-9383 (Gallegos)
(214) 979-9382 (Padilla)
(214) 953-3079 (Facsimile)
gkennedY@ftc.goY
IgaIlegos@ftc.gOY
epadilla@ftc.goY
Attorneys for Plaintiff
Federal Trade Commission
Page 27 of 28
Case 4:07-cv-00011-RAS Document 159 Filed 05/28/2008 Page 27 of 27
 20th of Jan, 2010 by   butchie 0 Votes
This a very clever scam!!!
 20th of Jan, 2010 by   butchie 0 Votes
a very clever scam - please help people recover their money.
 15th of Feb, 2010 by   dave peters 0 Votes
cd earth make it all easy to try, but when you return the goods they simply keep taking money from your account, "FRAUD" i beleive it is called.
DO NOT TOUCH THESE PEOPLE WITH A BARGE POLE, you wll be ripped off!!!
 24th of Feb, 2010 by   Rev Nicholas Diak 0 Votes
Hello I am Rev Nicholas Diak I ordered CD EARTH software some time back at the end of 2009. I just wanted it for the Bible Study software that they provided. I received it and and all I paid was for the Shipping and Handling. Now they are sending me more software that I don't want (approx every 6 weeks) which I am getting billed I want this to stop
 21st of Mar, 2011 by   YELLOWROSES 0 Votes
C D earth is a scame to believe them when they say it is free, they charged me without me knowing. THIS IS A SCAM DO NOT BELIEVE THEM WHEN THEY SAY IT IS FREE!!!
 21st of Mar, 2011 by   YELLOWROSES 0 Votes
C D earth is a scam they claim its free, but it is not, and charge your account without you authorizing it.


IT IS A SCAM!!! DO NOT TOUCH THEM!!! THEY ARE NOT FREE
 22nd of Mar, 2011 by   Demayer4 0 Votes
company is a complete scam and I hope no one else will fall for it. They make it seem like they are send you one free cd and then over charge you for more. The cd's were so terrible to begin with!
 27th of Apr, 2011 by   robot r28d +1 Votes
Makes it unlawful for any person to charge or attempt to charge a consumer for goods or services sold in an Internet-based transaction through a negative option feature. Congress defines "negative option feature" to mean, in an offer or agreement to sell or provide any goods or services, a provision under which the customer's silence or failure to take an affirmative action to reject goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer. Treats a violation of this Act or any regulation thereunder as an unfair or deceptive act or practice. Requires the Federal Trade Commission (FTC) to enforce this Act. Authorizes the attorney general of a state to bring an action for injunctive relief in federal court on behalf of the state's residents.

S. 3386--111th Congress: Restore Online Shoppers' Confidence Act. (2010). In GovTrack.us (database of federal legislation). Retrieved April 27, 2011, from http://www.govtrack.us/congress/bill.xpd?bill=s111-3386&tab=summary
Of course, if like most of our customers, you like all four CDs - and we know you will - then do nothing and enjoy the entire four CD software set. Because we publish the software and ship them directly to you with no middlemen or retail overhead, each evaluation CD is only USD$14.99 (which as you know is up to 80% off the store price for similar software products), conveniently billed to your credit card, as part of this offer. Remember, the two Software CDs you selected are yours to keep absolutely FREE - even if you decide to return the others.

CD Earth Software Library Club, retrieved April 27, 2011 from http://www.1888pressrelease.com/cd-earth-software-library-club-trial-offer-free-cd-earth-ac-pr-91919.htmlO#f# #c#o#u#r#s#e#, # #i#f# #l#i#k#e# #m#o#s#t# #o#f# #o#u#r# #c#u#s#t#o#m#e#r#s#, # #y#o#u# #l#i#k#e# #a

I am sorry to be critical in my first post here but yellowroses, really that is way too much stuff. Read and cut and paste next time!
But I can sympathize with you and others. I too have been ripped off by this organization. I don't why but I say this because I saying this out of my heart, my love my neighbor...And I think you have a lot of gifts.
 27th of Apr, 2011 by   YELLOWROSES 0 Votes
Robot what are you on about.? I only posted the comment you see below:

C D earth is a scame to believe them when they say it is free, they charged me without me knowing.

C D earth is a scam they claim its free, but it is not, and charge your account without you authorizing it.
IT IS A SCAM!!! DO NOT TOUCH THEM!!! THEY ARE NOT FREE
 10th of Aug, 2011 by   Thomas L. 0 Votes
Over three months ago they charged my credit card with $30 that I had not authorized and we e-mail back and forth with the promise I would receive my credit back and they offered their apology that has turned out top be worthless. I called a week ago again they promised that the credit card would call within three days and it hasn't happened. I HAVE NEVER BEEN SCAMMED UNTIL NOW. Like most of you I will warn everyone I know that they don't keep their word and lack professional ethics.

TO whom and where do I join this law suit to get my money back??? Thanks to those who have filed this complaint and received a judgment against them
 14th of Aug, 2011 by   Karla House 0 Votes
False advertising. The customer support don't even know if it's 15 days or 25 days. No email from them. If it came in spam, well my spam is set to delete auto. I am sending back the "FREE" cd's and will contact my bank for fraud.
 14th of Aug, 2011 by   Karla House 0 Votes
BBS will be notified...

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