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On appeal of apparent countersuit against U.S. Federal Trade Commission by Canadian individual and corporations charged with fraudulent "cramming" of U.S. consumers, Ontario Court of Appeal rules that notice of proceeding to serve FTC failed to comply with Canadian State Immunity Act.

Publication: International Law Update
Publication Date: 01-MAR-06
Format: Online
Delivery: Immediate Online Access

Article Excerpt
By way of limited background to the Ontario Court of Appeal's laconic opinion below, the Update presents excerpts from an FTC press release issued on June 22, 2005. "In July 2004, the Federal Trade Commission charged a group of Canadian defendants, that is Canada Inc., d/b/a Pinacle, Canada Inc, d/b/a M.D.S.C. Publishing and Terrence Croteau, with scamming small businesses and charities in the United States out of millions of dollars by billing them for business directory services they did not order or authorize, in violation of federal law. The FTC charged that the defendants refused consumers' requests to cancel the services, and used an in-house collections department to harass consumers whose accounts allegedly were past-due."

"An [Illinois federal court] ... granted the FTC's request for a Temporary Restraining Order and Preliminary Injunction in the case, barring...

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