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CD Earth / SCAM

1 NM, United States Review updated:

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.

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Comments

  • Dj
      8th of Aug, 2009
    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.

  • In
      24th of Aug, 2009
    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!!!

  • Gr
      22nd of Sep, 2009
    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

  • Gr
      22nd of Sep, 2009
    0 Votes

    Phone your bank, cancel your card. Get a new card. The bank can block further deductions.
    GBW

  • Tc
      22nd of Sep, 2009
    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.

  • Ya
      7th of Oct, 2009
    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
    Page 2 of 28
    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
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    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
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    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

  • Bu
      20th of Jan, 2010
    0 Votes

    This a very clever scam!!!

  • Bu
      20th of Jan, 2010
    0 Votes

    a very clever scam - please help people recover their money.

  • Da
      15th of Feb, 2010
    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!!!

  • Re
      24th of Feb, 2010
    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

  • Wi
      21st of Aug, 2010
    0 Votes

    Unauthorised supply of cd's and charges to credit card.

  • Cr
      2nd of Oct, 2010
    0 Votes

    ive tried to cancel cd earth and have now informed my payee of this and have blocked any further payments to cd earth

  • Ju
      10th of Jan, 2011
    0 Votes

    cancelled account and sent back cds they still tuck money out of my master card

  • Ye
      21st of Mar, 2011
    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!!!

  • Ye
      21st of Mar, 2011
    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

  • De
      22nd of Mar, 2011
    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!

  • Ro
      27th of Apr, 2011
    +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.

  • Ye
      27th of Apr, 2011
    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

  • Ag
      29th of Jul, 2011
    0 Votes

    Dispatching, orders of merchindise not ordered or authorised by me,

  • Th
      10th of Aug, 2011
    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

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