Jerk, LLC, d/b/a Jerk.com, In the Matter of

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Last Updated

January 8, 2018

In the Matter of Jerk, LLC, a limited liability company, also doing business as JERK.COM, and John Fanning, individually and as a member of Jerk, LLC.

FTC Matter/File Number

122 3141

Docket Number

9361

Civil Action Number

15-1520 (1st Cir.)

Case Timeline

January 8, 2018

Notice of Withdrawal Filed by Peter F. Carr (38.16 KB)

September 28, 2017

Commission Order on Remand Revising Compliance Monitoring Requirement (54.77 KB)

May 12, 2017

Respondent John Fanning's Amended and Supplemental Reply Brief To Complaint Counsel's Response To Respondent's Briefing On Remand (68.97 KB)

May 11, 2017

Respondent John Fanning’s Reply Brief To Complaint Counsel’s Response To Respondent’s Briefing On Remand (41.14 KB)

May 3, 2017

Complaint Counsel’s Response to Respondent’s Briefing on Remand (1.35 MB)

April 14, 2017

Commission Order Revising Briefing Schedule On Remand (16.34 KB)

April 12, 2017

Respondent John Fanning's Response to the Commission's Order Scheduling Briefing Following Remand (41.14 KB)

March 22, 2017

Unopposed Motion of Respondent John Fanning to Enlarge Time to File Brief (24.37 KB)

March 21, 2017

Motion of John Fanning to Stay and Continue Remand Proceedings Pending Ruling on Motion for Clarification (2.15 MB)

March 3, 2017

Commission Order Scheduling Briefing On Remand (25.56 KB)

September 14, 2016

Commission Order Modifying August 23, 2016 Order (13.86 KB)

September 6, 2016

Respondent John Fanning's Response and Opposition To Order Scheduling Briefing Following Remand (194.56 KB)

August 23, 2016

Commission Order Scheduling Briefing On Remand (14.71 KB)

May 18, 2016

Opinion of the United States Court of Appeals for the First Circuit Affirming the Commission Opinion, Vacating the Commission Order in Part, and Remanding for Further Proceedings (72.95 KB)

Order of Judgment by the United States Court of Appeals for the First Circuit (19.18 KB)

Errata Sheet to the Opinion (21.02 KB)

PRESS RELEASE: Statement of FTC Bureau of Consumer Protection Director Jessica Rich Regarding Court of Appeals Decision on Jerk.com

October 19, 2015

Brief of Appellee Federal Trade Commission before the First Circuit, Fanning v. FTC, No. 15-1520 (1st Cir.) (188.2 KB)

May 28, 2015

Commission Order Denying Respondents' Motion to Stay Final Order Pending Judicial Review (30.2 KB)

May 6, 2015

Complaint Counsel's Consolidated Opposition to Respondent John Fanning's and Jerk LLC's Motions to Stay Enforcement of the Commission's Order Pending Appeal (2.87 MB)

April 29, 2015

Respondent Jerk, LLC's Motion to Join Respondent John Fanning's Motion to Stay Order (348.73 KB)

Respondent John Fanning's Motion to Stay Order Pending Review by the United States Court of Appeals for the First Circuit (18.82 MB)

March 25, 2015

Opinion of the Commission (226.75 KB)

Final Order of the Commission (47.77 KB)

PRESS RELEASE: FTC Rules Jerk, LLC and John Fanning Deceived Consumers, Violated FTC Act

March 13, 2015

Complaint Counsel's Opposition to Respondent John Fanning's Motion in Limine to Exclude Consumer Declarations (2.64 MB)

Complaint Counsel's Opposition to Respondent John Fanning's Motion in Limine to Exclude or Limit Testimony by Deposition (8.12 MB)

Complaint Counsel's Opposition to Respondent John Fanning's Motion in Limine to Exclude Complaint Counsel's Expert Witnesses (2.99 MB)

Respondent John Fanning's Trial Brief (1.68 MB)

Respondent Jerk, LLC's Pre-Trial Brief (337.82 KB)

March 11, 2015

Administrative Law Judge’s Order on Complaint Counsel's Motion for Sanctions and Related Pending Motions (4.28 MB)

Respondent Jerk, LLC’s Motion to Join Respondent John Fanning's Motions in Limine (512.26 KB)

Respondent John Fanning's Motion to Withdraw Emergency Motion to Continue Adjudicatory Hearing or, in the Alternative, to Stay Further Prehearing Proceedings Pending Summary Decision Ruling (23.08 KB)

March 9, 2015

Respondent John Fanning’s Objection to Complaint Counsel’s Exhibit List (912.59 KB)

Respondent John Fanning’s Objection to and Motion to Strike Complaint Counsel's Witness List (925.41 KB)

March 6, 2015

Complaint Counsel's Opposition to Emergency Motion of Respondent John Fanning to Continue Adjudicatory Hearing or, in the Alternative, to Stay Further Prehearing Proceedings Pending Summary Decision Ruling (610.79 KB)

Response of Jerk, LLC to Complaint Counsel's Combined (1) Opposition to Jerk, LLC’s Motion for Leave and (2) Motion to Strike Jerk, LLC’s Untimely Filings (1.1 MB)

Complaint Counsel’s Pre-Trial Brief (239.91 KB)

March 5, 2015

Respondent John Fanning's Emergency Motion to Continue Adjudicatory Hearing or, in the Alternative, to Stay Further Prehearing Proceedings Pending Summary Decision Ruling (3.75 MB)

Respondent John Fanning’s Motion In Limine to Exclude or Limit Testimony by Deposition (913.02 KB)

Respondent John Fanning’s Motion in Limine To Exclude Complaint Counsel’s Expert Witnesses (926.67 KB)

Respondent John Fanning’s Motion in Limine To Exclude Consumer Declarations (918.58 KB)

February 27, 2015

Administrative Law Judge’s Order for Expedited Response (311.84 KB)

Complaint Counsel’s Combined (1) Opposition to Jerk, LLC’s Motion For Leave and (2) Motion to Strike Jerk, LLC's Untimely Filings (534.91 KB)

February 25, 2015

Respondent Jerk, LLC's Opposition to Complaint Counsel's Motion for Sanctions (834.63 KB)

Respondent Jerk, LLC’s Responses to Complaint Counsel's Second Requests for Admissions (659.64 KB)

Respondent Jerk LLC’s Responses to Complaint Counsel's Second Set of Interrogatories (704.58 KB)

Respondent Jerk, LLC’s Motion for Leave to File Opposition to Complaint Counsel's Motion for Sanctions Late (495.63 KB)

February 23, 2015

Administrative Law Judge's Order on Motions for In Camera Treatment (5.95 MB)

February 20, 2015

Complaint Counsel’s Response to John Fanning’s Objection to the Pending Motion for Sanctions Against Jerk, LLC. (949.51 KB)

Respondent Jerk, LLC’s Responses to Complaint Counsel’s Second Requests for Admissions (1.14 MB)

Respondent Jerk LLC’s Responses to Complaint Counsel’s Second Set of Interrogatories (1.07 MB)

February 20, 2015

Complaint Counsel's Response to John Fanning's Objection to the Pending Motion for Sanctions Against Jerk, LLC (193.27 KB)

Respondent Jerk, LLC's Responses to Complaint Counsel's Second Requests for Admissions (172.37 KB)

Respondent Jerk LLC's Responses to Complaint Counsel's Second Set of Interrogatories (146.59 KB)

February 19, 2015

Notice of Appearance Filed by Counsel for Respondent Jerk LLC (1005.32 KB)

February 11, 2015

Objection of Respondent John Fanning to Motion for Sanctions against Jerk. LLC (918.85 KB)

February 5, 2015

Complaint Counsel's Motion for Sanctions Against Jerk, LLC (8.16 MB)

January 16, 2015

Complaint Counsel's Reply To Respondent Jerk, LLC's Opposition To Complaint Counsel's Motion For Summary Decision (9.62 MB)

January 12, 2015

Commission Order On Complaint Counsel's Unopposed Motion To Extend Time To Reply To Respondent Jerk, LLC's Opposition To Motion For Summary Decision (17.74 KB)

January 9, 2015

Notice of Withdrawal of Counsel for Respondent Jerk, LLC (541.58 KB)

January 9, 2015

Order on Motion for Respondent Jerk, LLC to Extend Time to Answer Complaint Counsel’s Second Request for Admissions (604.1 KB)

January 8, 2015

Respondent John Fanning’s Responses to Complaint Counsel’s Second Requests for Admissions (272.55 KB)

January 8, 2015

Complaint Counsel’s Opposition To Respondent Jerk, LLC’s Second Motion to Extend Time to Answer Complaint Counsel’s Second Request for Admissions (1.94 MB)

January 7, 2015

First Revised Scheduling Order (203.45 KB)

January 6, 2015

Joint Motion to Extend Pretrial Deadlines and Revise the Scheduling Order (284.98 KB)

Complaint Counsel’s Unopposed Motion To Extend Time To Reply To Respondent Jerk, LLC’s Opposition To Motion for Summary Decision (473.09 KB)

January 5, 2015

Respondent Jerk, LLC’s Response to the Court’s Order of December 22, 2014 (218.33 KB)

Respondent Jerk, LLC’s Opposition to Complaint Counsel’s Motion for Summary Decision (1.58 MB)

December 30, 2014

Complaint Counsel’s Opposition to Respondent Jerk, LLC’s Motion to Extend Time to Respond to the Court’s Order of December 22, 2014 (42.69 KB)

Administrative Law Judge's Order Granting Motion of Respondent Jerk, LLC, for Extension of Time to Respond to Court’s Order of December 22, 2014 (204.1 KB)

Notice of Appearance Filed by Counsel for Third Party Stripe, Inc. (131.86 KB)

Non-Party Stripe, Inc.’s Motion for In Camera Treatment (1.47 MB)

December 29, 2014

Motion of Respondent Jerk, LLC, to Extend Time to Respond to the Court's Order of December 22, 2014 (167.23 KB)

December 23, 2014

Complaint Counsel’s Motion for In Camera Treatment of Sensitive Personal and Financial Information (31.54 MB)

Order Granting Consent Motion of Respondent Fanning for Leave to Amend Answers to Second Request for Admissions and to Serve Answers Late (257.15 KB)

December 22, 2014

Commission Order Extending the Time For Jerk, LLC To Respond To the Motion For Summary Decision, and Rescheduling the Evidentiary Hearing Before the Administrative Law Judge To March 23, 2015 (23.43 KB)

December 22, 2014

Order Denying Without Prejudice Motion of Respondent Jerk, LLC to Extend Time to Answer Requests for Admissions (716.3 KB)

Order Extending the Time for Jerk, LLC to Respond to the Motion for Summary Decision and Rescheduling the Evidentiary Hearing Before the Administrative Law Judge (194.33 KB)

December 16, 2014

Complaint Counsel’s Opposition To Respondent Jerk, LLC’s Motion to Extend Time to Answer Complaint Counsel’s Second Request for Admissions (4.72 MB)

December 15, 2014

Motion Of Respondent Jerk, LLC, To Extend Time To Answer Complaint Counsel’s Second Request For Admissions (644.37 KB)

December 12, 2014

Complaint Counsel’s Opposition to Respondent Jerk, LLC’s Motion to Extend Time to Respond to the Motion for Summary Decision and to Reschedule the Evidentiary Hearing (5.25 MB)

December 9, 2014

Motion of Respondent Jerk LLC to Extend Time to Respond to Motion for Summary Decision and to Reschedule Evidentiary Hearing (1.92 MB)

Respondent John Fanning's Assented-To Motion for Leave to Amend Answers to Second Requests for Admissions and to Serve Answers Late (4.44 MB)

December 8, 2014

Administrative Law Judge’s Order Granting In Part and Denying In Part Complaint counsel's Renewed Motion to Compel (1.12 MB)

Notice of Appearance filed by Counsel for the Respondent (474.31 KB)

December 5, 2014

Commission Order Denying Without Prejudice Complaint Counsel's Motion To Supplement the Record For Summary Decision (24.04 KB)

December 4, 2014

Objection of Respondent John Fanning To Renewed Motion to Compel Discovery (918.85 KB)

December 1, 2014

Motion of Respondent John Fanning to Enlarge Time To Respond to Commission's Motion to Compel Discovery from John Fanning (481.01 KB)

November 26, 2014

Objection of Respondent John FanningTo Motion to Supplement Record on Motion for Summary Decision (359.62 KB)

Complaint Counsel’s Renewed Motion To Compele Discovery from John Fanning (1.09 MB)

November 25, 2014

Administrative Law Judge’s Order on Complaint Counsel's Motion to Compel (249.89 KB)

Complaint Counsel's Motion to Supplement the Record on Complaint Counsel's Pending Motion for Summary Decision (3.61 MB)

November 24, 2014

Objection of Respondent John Fanning to Motion to Compel Discovery (911.92 KB)

November 19, 2014

Sur-Reply of Respondent John Fanning in Opposition to Complaint Counsel's Motion for Summary Decision (1.27 MB)

November 17, 2014

Complaint Counsel's Motion to Compel Discovery (5.65 MB)

November 12, 2014

Complaint Counsel’s Reply to Respondent John Fanning’s Opposition to Complaint Counsel’s Motion for Summary Judgment (116.94 KB)

November 4, 2014

Respondent John Fanning’s Opposition to Complaint Counsel’s Motion for Summary Decision (16.18 MB)

November 3, 2014

Administrative Law Judge’s Order on Complaint Counsel’s Motion for Alternate Service on Respondent Jerk, LLC (666.85 KB)

October 17, 2014

Complaint Counsel’s Motion For Alternative Service on Respondent Jerk, LLC (4.41 MB)

October 9, 2014

Commission Order Extending Time To Respond To Complaint Counsel's Motion For Summary Decision (19.13 KB)

October 7, 2014

Assented-to Motion of Respondent John Fanning to Enlarge Time To Respond to Commission's Motion for Summary Judgment (367.07 KB)

October 3, 2014

Complaint Counsel’s Opposition to Respondent John Fanning’s Motion to Enlarge Time to Respond to Complaint Counsel’s Motion for Summary Judgment (164.51 KB)

October 2, 2014

Motion of Respondent John fanning to Enlarge Time to Respond to Commission's Motion for Summary Judgment (1.05 MB)

September 29, 2014

Complaint Counsel's Motion For Summary Decision [Redacted Public Version] (180.18 KB)

Complaint Counsel's Statement of Material Facts As To Which There Is No Genuine Issue For Trial [Redacted Public Version] (399.91 KB)

Exhibit 1 (14.3 MB)

Exhibit 2 (7.6 MB)

Exhibit 3 (14.2 MB)

Exhibit 4 (2.95 MB)

Exhibit 5 (6.35 MB)

Exhibit 6 (8.95 MB)

Exhibit 7 (14.69 MB)

Exhibit 8 (3.42 MB)

Exhibit 9 (5.09 MB)

Exhibit 10 (4.48 MB)

Exhibit 11 (2.44 MB)

August 15, 2014

Administrative Law Judge’s Order on Complaint Counsel's Motion to Compel Discovery (2.14 MB)

August 12, 2014

Affidavit of Peter F. Carr, II In Opposition to Motion to Compel Discovery (2.56 MB)

August 5, 2014

Complaint Counsel's Motion to Compel Discovery (5.1 MB)

July 31, 2014

Respondent John Fanning’s Answers to Complaint Counsel’s First Set of Interrogatories (924.2 KB)

July 30, 2014

Notice Regarding Representation (916.7 KB)

July 11, 2014

Respondents John Fanning’s Responses to First Set of Requests For Documents (289.05 KB)

July 10, 2014

Complaint Counsel’s Response to Respondent’s First Set of Requests for Admissions (276.66 KB)

June 19, 2014

Administrative Law Judge’s Order Granting Unopposed Motion for Extension of Time for Facebook, Inc. To File Motion to Quash or Limit Respondent’s Subpoena Duces Tecum (48.96 KB)

June 18, 2014

Unopposed Motion for Extension of Time For Facebook, Inc. to file Motion to Quash or Limit Respondent's Subpoena Duces Tecum (1.82 MB)

Notice of Appearance Filed by Counsel For Third Party Facebook, Inc. (581.64 KB)

May 29, 2014

Respondent John Fanning’s Responses to Complaint Counsel’s First Request for Admissions (199.92 KB)

Respondent John Fanning’s Responses to Request for Admissions for Authentication and Admissibility of Exhibits (76.11 KB)

May 28, 2014

Scheduling Order (1.17 MB)

May 23, 2014

Notice of Appearance filed by Counsel Supporting the Complaint (82.25 KB)

May 21, 2014

Administrative Law Judge’s Order Setting Scheduling Conference (32.57 KB)

May 19, 2014

Answer of Respondent John Fanning (30.1 KB)

Answer of Respondent Jerk, LLC (918.06 KB)

May 6, 2014

Administrative Law Judge’s Order Granting Respondents’ Motion to Further Enlarge Time to File Answers (49.29 KB)

May 5, 2014

Respondent's Assented-To Motion to Further to Enlarge Time to Answer Complaint (75.53 KB)

April 25, 2014

Notice of Appearance by Respondent Jerk LLC (139.66 KB)

Unopposed Motion of Respondent Jerk LLC to Enlarge Time to File Answer (150.05 KB)

Administrative Law Judge’s Order Granting Respondents’ Motions To Enlarge Time to File Answers (265.46 KB)

April 24, 2014

Notice of Appearance by Counsel for Respondent John Fanning (420.13 KB)

Unopposed Motion of Respondent John Fanning to Enlarge Time to File Answer (134.57 KB)

April 15, 2014

Notice of Appearance by Counsel Supporting the Complaint (731.46 KB)

April 8, 2014

Order Designating Administrative Law Judge (94.27 KB)

Protective Order Governing Discovery Material (1022.15 KB)

April 7, 2014

Part 3 Administrative Complaint (240.64 KB)

Complaint Exhibits A-I (Confidential Exhibit B Redacted) (1.24 MB)

PRESS RELEASE: FTC Charges Operators of “Jerk.com” Website With Deceiving Consumers

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Jerk, LLC, d/b/a Jerk.com, In the Matter of

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