Federal Trade Commission v. MacGregor

MEMORANDUM

Appellants Brian K. MacGregor and Membership Services Direct, Inc. (“MSD”) appeal the district court’s orders granting summary judgment and monetary and in-junctive relief in favor of the Federal Trade Commission (“FTC”) on all of its claims under the FTC Act and the Telemarketing Sales Rule (“TSR”). We review the district court’s grant of summary judgment de novo. Del. Valley Surgical Supply, Inc. v. Johnson & Johnson, 523 F.3d 1116, 1119 (9th Cir.2008). We review the district court’s orders granting equitable relief for an abuse of discretion. Grosz-Salomon v. Paul Revere Life Ins. Co., 237 F.3d 1154, 1163 (9th Cir.2001). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we AFFIRM.

I. Summary Judgment

The FTC asserted seven counts against Appellants under the FTC Act and the TSR. The FTC provided sufficient evidence to show that third party call centers acting in the names of MSD and other corporate shells in which MacGregor was involved (“the Companies”) violated the FTC Act and the TSR. For their part, Appellants did not proffer any survey data or other evidence to counter the FTC’s evidence. Instead, Appellants provided the affidavits of MacGregor and…