FEDERAL TRADE COMMISSION, and
SURECHEK SYSTEMS, INC., d/b/a CONSUMER CREDIT CORP., and )CONSUMER CREDIT DEVELOPMENT CORP., a Georgia corporation;
DOUGLAS S. DERICKSON, individually and as an officer of SureCheK Systems, Inc., d/b/a Consumer Credit Corp., and Consumer Credit Development Corp.; and
STEVE LOVERN, individually and
as an officer of SureCheK Systems, Inc., d/b/a Consumer
Credit Corp., and Consumer Credit Development Corp.,
CIVIL ACTION NO.
PARTE MOTION FOR A TEMPORARY
Plaintiffs, the Federal Trade Commission ("Commission"), and the State of Arkansas having filed their Complaint for a Permanent Injunction and Other Equitable Relief, move this Court, pursuant to Sections 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b), the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. § 6101 et seq., and Rule 65(b) of the Federal Rules of Civil Procedure, Fed. R. Civ. P. 65(b), for an ex parte order, substantially in the form annexed:
1. Temporarily restraining the defendants from further violations of Section 5 of the FTC Act, 15 U.S.C. § 45(a), and from further violations of the Telemarketing Sales Rule 16 C.F.R. Part 310 et seq., as alleged in the complaint;
2. Temporarily restraining the defendants from disposing of individual or corporate assets;
3. Temporarily restraining financial institutions from permitting defendants to disposing of assets of the defendants access to safe deposit boxes;
4. Requiring financial institutions to file a statement describing any assets held on behalf of the defendants, and to provide the Commission copies of all records pertaining to the defendants' financial accounts;
5. Temporarily restraining the defendants from failing to maintain business records and from disposing of business records;
6. Requiring defendants to allow plaintiffs' representatives immediate access to inspect the premises and all books, records, and accounts of defendants, including any and all sites on which defendants' property, assets or business records are located;
7. Requiring the defendants to complete financial accounting forms, describing their present individual and corporate financial condition;
8. Requiring the defendants to provide immediately a copy of the attached temporary restraining order to each of its employees and subsidiaries;
9. Permitting expedited discovery for the taking of depositions and requests for admissions pursuant to Rules 30(a) and 36 of the Federal Rules of Civil Procedure;
10. Permitting consumer reporting agencies to furnish to plaintiffs consumer credit reports of defendants; and
11. Requiring all defendants to show cause why a preliminary injunction should not issue extending the foregoing temporary relief until the merits of the plaintiffs' allegations are finally adjudicated.
The plaintiffs move that the temporary relief requested herein be granted without notice to the defendants or their attorneys. In support of this motion, the plaintiffs respectfully refer this Court to the Plaintiffs' Memorandum of Law in Support of Motion for Ex Parte Temporary Restraining Order With Asset Freeze and Other Equitable Relief, the declarations of counsel presented pursuant to Fed. R. Civ. P. 65(b), and the sworn declarations and exhibits filed herewith.