Stipulated Judgment and Order for Permanent Injunction Against ...

Case 2:08-cv-00797-RLH-LRL Document 3 Filed 06/19/2008 Page 5 of 32
initiated by a telemarketer to induce the purchase of goods or
services or to solicit a charitable contribution.
7. "Person" means any individual, group, unincorporated
association, limited or general partnership, corporation, or
other business entity.
8. "Relief Defendants" means The Myers Irrevocable Trust,
Cindy Myers and Zachary T. Ball in their roles as Trustees, and
Beneficiaries Katie Myers and Mallory Myers.
9. ~Representatives" means Defendants’ successors,
assigns, officers, agents, servants, employees, and those persons
in active concert or participation with them who receive actual
notice of this Order by personal service or otherwise..
I0. "Seller" means any person who, in connection with a
telemarketing transaction, provides, offers to provide, or
arranges for others to provide goods or services to the customer
in exchange for consideration, whether or not such person is
under the jurisdiction of the Federal Trade Commission.
II. ’~Telemarketer" means any person who, in connection with
telemarketing, initiates or receives telephone calls to or from a
customer or donor.
12. "Telemarketing" means a plan, program, or campaign
which is conducted to induce the purchase of goods or services or
a charitable contribution, by use of one or more telephones and
which involves more than one interstate telephone call. The term
does not include the solicitation of sales through the mailing of