The Federal Trade Commission announced yesterday that it has entered into a court settlement with Nomrah Records Inc. and its president, Mark Harmon, named defendants in the recent DirecTV telemarketing case.
Under the settlement, filed by the U.S. Department of Justice on the FTC’s behalf, Harmon will pay a $75,000 civil penalty and both he and the company will be barred from violating the Do Not Call Rule and Telemarketing Sales Rule in the future.
In December 2005, the Commission charged DirecTV and others that telemarketed on DirecTV’s behalf with violating the DNC Rule and the TSR by calling consumers despite the fact that their numbers were on the National DNC Registry. In settling the charges, DirecTV paid $5.3 million, at the time the largest-ever DNC penalty won by the Commission.
The stipulated final judgment and order against Nomrah and Harmon bars them from calling consumers on the DNC Registry, as well as from violating any other provisions of the TSR in the future.
Harmon’s $75,000 civil penalty comes with the stipulation that an additional $400,575 will become due if he is found to have misrepresented his financial condition to the Commission. Finally, the order contains standard record keeping and reporting terms to ensure the defendants comply with the order.
If the court adopts the proposed settlement it will settle the Commission’s charges against Nomrah Records, also doing business as Direct Activation, and Mark Harmon, individually, and as an officer of Nomrah Records. Litigation continues against the following defendants: D.R.D. Inc., also d/b/a Power Direct; Daniel R. Delfino, individually, and as an officer of D.R.D.; Global Satellite LLC., also doing business as Mavcomm; William King, individually, and as an officer of Global Satellite; and Michael Gleason, individually. and as an officer of Global Satellite.
The vote was filed by the U.S. Department of Justice on the FTC’s behalf on August 14, in the U.S. District Court for the Central District of California, Western Division.