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Federal Trade Commission v. Pro Credit Group, LLC et al

MOTION for default judgment against Consumer Credit Group, LLC and My Success Track, LLC

45 Cited authorities

  1. Rowland v. California Men's Colony

    506 U.S. 194 (1993)   Cited 3,266 times   4 Legal Analyses
    Holding that the rule that corporations must be represented by licensed counsel "applies equally to all artificial entities"

  2. United States v. W. T. Grant Co.

    345 U.S. 629 (1953)   Cited 2,243 times   5 Legal Analyses
    Holding that, although defendant had "disclaimed any intention" to revive the challenged conduct, "[s]uch a profession does not suffice to make a case moot although it is one of the factors to be considered in determining the appropriateness of granting an injunction against the now-discontinued acts"

  3. Wahl v. McIver

    773 F.2d 1169 (11th Cir. 1985)   Cited 1,073 times
    Holding that a state public defender does not act under color of state law, even when appointed by a state court

  4. Cotton v. Massachusetts Mut. Life Ins. Co.

    402 F.3d 1267 (11th Cir. 2005)   Cited 421 times
    Holding insurer's allocation of premium payments, analysis of policy performance, and communications with participants constituted "ministerial policy-related services" that did not "render [the insurer] a fiduciary"

  5. Buchanan v. Bowman

    820 F.2d 359 (11th Cir. 1987)   Cited 558 times
    Holding that the district court did not abuse its discretion when it granted plaintiff's motion to strike defendant's answer because defendant failed multiple times to make discovery appearances and disregarded the court's order to compel discovery

  6. Federal Trade Commission v. Colgate-Palmolive Co.

    380 U.S. 374 (1965)   Cited 291 times   5 Legal Analyses
    Holding that "legal standard . . . must get their final meaning from judicial construction"

  7. Palazzo v. Gulf Oil Corp.

    764 F.2d 1381 (11th Cir. 1985)   Cited 492 times
    Holding that a corporation cannot appear pro se even when the person seeking to represent it is the president and major stockholder

  8. Securities & Exchange Commission v. Management Dynamics, Inc.

    515 F.2d 801 (2d Cir. 1975)   Cited 440 times
    Holding that as "vice-president in charge of trading," aider and abettor "occupied a prominent position within the company[]" such that the "apparent authority exercised by [him]" created liability under agency principles

  9. Securities Exch. Com'n v. Murphy

    626 F.2d 633 (9th Cir. 1980)   Cited 355 times   3 Legal Analyses
    Holding Section 4 was "designed to exempt routine trading transactions with respect to securities already issued"

  10. Mission Oaks Mobile Home Park v. City of Hollister

    510 U.S. 1110 (1994)   Cited 79 times
    Stating that restitution is amount of enrichment received

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 70,485 times   126 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  12. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,725 times   144 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

  13. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 33,593 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States

  14. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,480 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  15. Section 45 - Unfair methods of competition unlawful; prevention by Commission

    15 U.S.C. § 45   Cited 3,879 times   572 Legal Analyses
    Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"

  16. Section 53 - False advertisements; injunctions and restraining orders

    15 U.S.C. § 53   Cited 825 times   76 Legal Analyses
    Providing similar provisional relief where false advertising regarding food, drugs, devices, and cosmetics is at issue

  17. Section 310.4 - Abusive telemarketing acts or practices

    16 C.F.R. § 310.4   Cited 172 times   17 Legal Analyses
    Prohibiting deceptive or abusive telemarketing acts or practices

  18. Section 310.3 - Deceptive telemarketing acts or practices

    16 C.F.R. § 310.3   Cited 152 times   10 Legal Analyses
    Prohibiting misrepresentations about any material aspect of a sales offer

  19. Section 310.2 - Definitions

    16 C.F.R. § 310.2   Cited 83 times   9 Legal Analyses
    Defining telemarketing as, inter alia , "a plan, program, or campaign which is conducted to induce the purchase of goods or services"