From Article at GetOutOfDebt.org

Similar documents
Case 2:14-cv GMN-CWH Document 1 Filed 09/12/14 Page 1 of 17

Case 7:19-cv NSR Document 1 Filed 02/25/19 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Case 3:17-mc G Document 1 Filed 03/06/17 Page 1 of 5 PageID 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE CIRCUIT COURT OF JACKSON COUNTY AT KANSAS CITY STATE OF MISSOURI

FEDERAL TRADE COMMISSION, Plaintiff,

Case 2:14-cv GMN-CWH Document 1-2 Filed 09/12/14 Page 1 of 36 PET. EXH. 1

I. ANSWER. COMES NOW Defendant IMPULSE MEDIA GROUP, INC. in the above-captioned

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

Agreement between the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) regarding FOIA consultations, 2012

Case 1:18-cv RGS Document 1 Filed 04/30/18 Page 1 of 16 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORIGINAL COMPLAINT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION. STATE OF ARKANSAS ex rel. DUSTIN McDANIEL, ATTORNEY GENERAL. v. Case No.

Case 9:18-cv RLR Document 1 Entered on FLSD Docket 05/22/2018 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Case 2:15-cv JNP-PMW Document 13 Filed 04/19/16 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

Courthouse News Service

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI : : : : : : : : : : : : : : : : :

Plaintiff Privacy Pop, LLC ( Plaintiff ) complains and alleges as follows against Defendant Gimme Gimme, LLC ( Defendant ).

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA PIMA COUNTY ORDER AMENDING RULE 8 LOCAL RULES OF PRACTICE PIMA COUNTY SUPERIOR COURT

31 U.S.C. Section 3733 Civil investigative demands

Section 5310 (Formerly Section 16)/ Community Transportation NON-VEHICLE 8/20/2009

IN THE COURT OF THE QUAPAW TRIBE OF OKLAHOMA (THE O-GAH-PAH) ) In re Petition for Change of Name of: ) ) ) Petitioner. ) ) )

IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION

WRIT OF ADMINISTRATIVE MANDATE (MANDAMUS)

Family Educational Rights and Privacy Act Regulations

Rhode Island False Claims Act

TENNESSEE CODE TITLE 8. PUBLIC OFFICERS AND EMPLOYEES CHAPTER 16. NOTARIES PUBLIC PART 1 QUALIFICATIONS

CASE NO.:12-CV-1984 OF EVIDENCE RELATED TO OBAMA S BIRTH. Plaintiff, Montgomery Blair Sibley ( Sibley ), pursuant to 5 U.S.C. 552a(b)(11), moves this

PETITION TO MODIFY PROTECTION FROM ABUSE ORDER INSTRUCTION SHEET

FILED 16 AUG 09 PM 2:59

Case 2:14-cv MWF-PLA Document 2 Filed 03/19/14 Page 1 of 10 Page ID #:15

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA NO. COMPLAINT FOR DECLARATORY JUDGMENT INTRODUCTION

ATTORNEYS FOR PLAINTIFF FEDERAL TRADE COMMISSION FEDERAL TRADE COMMISSION, Plaintiff,

Case 1:14-cv FAM Document 60 Entered on FLSD Docket 12/17/2014 Page 1 of 15

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

10/30/2017 7:04 PM 17CV47399 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) PARTIES

IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION

Case 2:16-cv CDJ Document 18 Filed 08/31/16 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CONTRACTOR AGREEMENT. WHEREAS, Contractor wishes to provide such goods and/or services to NACCHO; ARTICLE I: SPECIAL PROVISIONS

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA. Civil Action No. 07-CV-571

UNITED STATES OF AMERICA BEFORE THE FEDERAL TRADE COMMISSION. Noah Joshua Phillips Rohit Chopra Rebecca Kelly Slaughter Christine S.

Case3:15-cv DMR Document1 Filed09/16/15 Page1 of 11

Case 3:17-cv DMS-RBB Document 1 Filed 03/17/17 PageID.1 Page 1 of 20

Chapter PERSONAL INFORMATION PROTECTION ACT. Article 01. BREACH OF SECURITY INVOLVING PERSONAL INFORMATION

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF FRESNO

Case 6:14-cv WSS Document 1-24 Filed 01/13/14 Page 1 of 35 EXHIBIT F

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION. v. No. 1:18-cv- COMPLAINT COLLECTIVE ACTION

Case 2:16-cv RSL Document 1 Filed 05/25/16 Page 1 of 10 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE NO.

H.R./S. In the A BILL. To protect the privacy of personal information of consumers, the promotion

Case 2:16-cv JAR-JPO Document 69 Filed 09/20/17 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF KANSAS

IN THE CIRCUIT COURT FOR CALVERT COUNTY, MARYLAND

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DEPARTMENT OF AGRICULTURE BEFORE THE SECRETARY OF AGRICULTURE

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA - CIVIL DIVISION - Plaintiff CASE NO.

STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION, CIVIL MONEY PENALTIES, AND OTHER RELIEF

Case 2:16-cv DN-DBP Document 2 Filed 06/14/16 Page 1 of 5

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

HITECH Omnibus Business Associate Agreement DU Hybrid CE ra FINAL

AGREEMENT FOR SERVICE AGREEMENT FOR SERVICE

Colorado Medicaid False Claims Act

General Conditions for Non-Construction Contracts Section I (With or without Maintenance Work)

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES. Plaintiff, Defendants.

Workforce Services, Department of

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

alg Doc 17 Filed 03/06/13 Entered 03/06/13 10:17:28 Main Document Pg 1 of 6

Immigration Law Briefing for Parents

Case Number: CIV-MARTINEZ-GOODMAN DEFAULT FINAL JUDGMENT AS TO DEFENDANTS YOUR YELLOW PAGES. INC., CITY PAGES. INC..

FILED: KINGS COUNTY CLERK 02/04/2014 INDEX NO /2013 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 02/04/2014

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS ECONOMIC CRIMES SUBPOENA DUCES TECUM

FOIA Request Department of the Treasury Washington, DC Fax: FOIA Online Request Form

NO. THE STATE OF TEXAS, IN THE DISTRICT COURT Plaintiff

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION

JUSTICE COURT CLARK COUNTY, NEVADA

Case 3:17-cv JCH Document 1 Filed 11/13/17 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT. Case No.

General Conditions for Non-Construction Contracts Section I (With or without Maintenance Work)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 2

Case 3:14-cv AA Document 1 Filed 06/02/14 Page 1 of 14 Page ID#: 1

Case 1:18-cv Document 1 Filed 07/19/18 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA BEFORE THE FEDERAL TRADE COMMISSION. Maureen K. Ohlhausen Noah Joshua Phillips Rohit Chopra Rebecca Kelly Slaughter

Case 1:17-cv TSC Document 13 Filed 09/08/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Instructions for Notice of Entry of Appearance as Attorney or Accredited Representative

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA-SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 2:17-cv EJF Document 2 Filed 10/02/17 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

SUPERIOR COURT OF THE STATE OF CALIFORNIA

Department of Labor Relations TABLE OF CONTENTS. Connecticut State Labor Relations Act. Article I. Description of Organization and Definitions

Chicago False Claims Act

IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR ST. JOHNS COUNTY, FLORIDA

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

Attachment 1 Federal Requirements for Procurements in Excess of $150,000 Not Including Construction or Rolling Stock Contracts

Case 1:17-cv Document 1 Filed 02/24/17 Page 1 of 12 PageID: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

BYLAWS COMMUNITY HEALTH ASSOCIATION OF MOUNTAIN/PLAINS STATES (CHAMPS)

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

SUMMARY. 1. The State Bar of California (the Bar ) is a public corporation entrusted with, inter alia,

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No: 5:11-cv ) ) ) ) ) ) ) ) ) )

Transcription:

Case 2:16-mc-00002-SRB Document 1 Filed 01/12/16 Page 1 of 6 JONATHAN E. NUECHTERLEIN General Counsel LESLIE RICE MELMAN Assistant General Counsel for Litigation BURKE KAPPLER Attorney FEDERAL TRADE COMMISSION 600 Pennsylvania Ave., N.W., Mail Drop H-585 Washington, DC 20580 Telephone: (202 326-2043 (Kappler Facsimile: (202 326-2477 E-mail: bkappler@ftc.gov Attorneys for the Federal Trade Commission FEDERAL TRADE COMMISSION, Petitioner, v. APOLLO EDUCATION GROUP, INC., and THE UNIVERSITY OF PHOENIX, INC., Respondents. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Case No. UNOPPOSED PETITION FOR AN ORDER GOVERNING COMPLIANCE WITH CIVIL INVESTIGATIVE DEMANDS ISSUED IN FURTHERANCE OF A LAW ENFORCEMENT INVESTIGATION

Case 2:16-mc-00002-SRB Document 1 Filed 01/12/16 Page 2 of 6 The Federal Trade Commission petitions this Court under Section 20 of the Federal Trade Commission Act (FTC Act, 15 U.S.C. 57b-1, and Section 1232g of the Family Educational Rights and Privacy Act (FERPA, 20 U.S.C. 1232g(b(1(J(ii and 1232b(b(2(B, for an order requiring Respondents Apollo Education Group, Inc., and the University of Phoenix, Inc. (collectively, the Companies to produce education records sought by civil investigative demands (CIDs issued by the FTC without disclosing the contents of CIDs, or any information provided in response thereto, as permitted by FERPA. The Companies do not oppose the Petition, and no previous application for the relief sought herein has been made to this Court or any other. The Declaration under penalty of perjury of Thomas J. Widor, which verifies the statements in this Petition, is attached as Exhibit 1. The Commission s Resolution Directing Use of Compulsory Process in a Nonpublic Investigation of Secondary or Postsecondary Education Products and Services or Educational Accreditation Products and Services, November 14, 2013 (FTC File No. P138402 is attached as Exhibit 2. Petition Statements In support of this Unopposed Petition, the Commission states as follows: 1. The Commission is an administrative agency of the United States, organized and existing pursuant to the FTC Act, 15 U.S.C. 41 et seq. The Commission is authorized and directed by Section 5 of the FTC Act, 15 U.S.C. 45(a, to prevent the use of unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce. 2. Section 3 of the FTC Act, 15 U.S.C. 43, empowers the Commission to prosecute any inquiry necessary to its duties in any part of the United States. Section 6 of the Act, 15 U.S.C. 46, empowers the Commission to gather and compile information concerning, and to investigate from time to time, the organization, business, conduct, practices and management of, 1

Case 2:16-mc-00002-SRB Document 1 Filed 01/12/16 Page 3 of 6 any person, partnership or corporation engaged in or whose business affects commerce, with certain exceptions not relevant here. Section 20 of the FTC Act, 15 U.S.C. 57b-1, empowers the Commission to require by CID the production of documents or other information relating to any Commission law enforcement investigation. 3. This Court has jurisdiction to enforce the Commission s duly issued CIDs under Section 20(e of the FTC Act, 15 U.S.C. 57b-1(e, which provides, in pertinent part: Whenever any person fails to comply with any civil investigative demand duly served upon him under this section, or whenever satisfactory copying or reproduction of material requested pursuant to the demand cannot be accomplished and such person refuses to surrender such material, the Commission, through such officers or attorneys as it may designate, may file, in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person, a petition for an order of such court for the enforcement of this section. Respondents reside, are found, and transact business in this district. Pet. Exh 1, 3-4. 4. Apollo Education Group, LLC ( Apollo is a private education provider incorporated in Arizona and headquartered in Phoenix, Arizona. The University of Phoenix, Inc. ( University is a for-profit university that is wholly-owned by Apollo. The University is also incorporated in Arizona and headquartered in Phoenix, Arizona. The University offers undergraduate and graduate degrees in nine schools, and operates through a series of campuses and centers nationwide. The University currently has approximately 200,000 students and 900,000 alumni. Pet. Exh. 1, 3-4. 5. On November 14, 2013, the Commission issued a Resolution Directing Use of Compulsory Process in a Nonpublic Investigation of Secondary or Postsecondary Educational Products or Services or Educational Accreditation Products or Services (P138402. Pet. Exh 1, 5; Pet. Exh. 2. The Resolution authorized all compulsory process available to the Commission 2

Case 2:16-mc-00002-SRB Document 1 Filed 01/12/16 Page 4 of 6 to be used in connection with an investigation into possible violations of Section 5 of the FTC Act. Pet. Exh. 1, 5; Pet. Exh. 2. 6. Following this resolution, on July 23, 2015, the Commission issued the CIDs to the Companies to investigate possible violations of Section 5 in connection with their advertising, marketing, and sale of their educational products or services. Pet. Exh. 1, 6. The CIDs require the Companies to produce material relevant to the Commission s investigation, including information and documents relating to complaints, marketing and recruiting, student advisement, call recordings, and billing and debt collection. Pet. Exh. 1, 6. (The return dates of the CIDs were modified by letter dated January 11, 2016. Id. 7. Many of the materials requested by the CIDs are records, files, documents, and other materials maintained by the Companies that contain information directly related to a student, which are known as education records under the Family Educational Rights and Privacy Act (FERPA. 20 U.S.C. 1232g(a(4(A; 34 CFR 99.31. Educational institutions such as the University of Phoenix risk the loss of federal funding if they violate FERPA by disclosing education records without written consent from the affected parents and students. 20 U.S.C. 1232g(b(1. However, in some circumstances FERPA does not require such consent. Most pertinent here, FERPA allows an educational institution to disclose education records without obtaining consent in response to a subpoena issued for a law enforcement purpose. 20 U.S.C. 1232g(b(1(J(ii; see also 34 C.F.R. 99.31(a(9. The CIDs at issue are subpoena[s] issued for a law enforcement purpose within the meaning of FERPA. 8. FERPA generally requires educational institutions to notify affected students and their parents before making such a disclosure. 20 U.S.C. 1232g(b(2(B; 34 C.F.R. 3

Case 2:16-mc-00002-SRB Document 1 Filed 01/12/16 Page 5 of 6 99.31(a(9(ii. For good cause, however, a court or the issuing agency may relieve an educational institution of the obligation to provide such notice by entering an order directing the institution to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena. 20 U.S.C. 1232g(b(1(J(ii, 1232g(b(2(B; 34 C.F.R. 99.31(a(9(ii(B. 9. To date, the Companies have made several productions of documents called for in the CIDs, but have not provided education records called for in the CIDs. They assert that providing the notice required by FERPA would be impractical and complex given the nature of the responsive material, the number of current and former students, and the difficulty in locating students or their families. Pet. Exh. 1, 7-8. The FTC acknowledges that this notice process would be costly, time-consuming, resource-intensive, and that it potentially will require multiple attempts to contact affected students. Pet. Exh. 1, 8. 10. In addition, the contents of the CID have not been made public by either the FTC or the Companies. Pet. Exh. 1, 7. 11. The CIDs directed to the Companies are within the Commission s statutory authority, and the information and documents sought are reasonably relevant to the Commission s investigation. However, due to the unique circumstances imposed by FERPA and its disclosure requirements, and the number of current and former students at issue, requiring Companies to provide notice before producing these educational records would result in significant delays that will impede the Commission s investigation and prevent completing it in a timely manner. Pet. Exh. 1, 8-9. Moreover, no harm will result from the absence of notice in this instance because the governing FTC statutes protect the information from any public disclosure. See 15 U.S.C. 46(f, 57b-2. For these reasons, there is good cause for 4

Case 2:16-mc-00002-SRB Document 1 Filed 01/12/16 Page 6 of 6 entry of an order requiring the Companies to produce responsive education records without disclosing the contents of the CIDs, or information provided in response, in accordance with Sections 1232g(b(1(i and 1232g(b(2(B. Pet. Exh. 1, 9. The Companies do not oppose this request. Prayer for Relief WHEREFORE, the Commission invokes the aid of this Court and prays: a. for an order requiring the Companies to produce responsive education records to the FTC without disclosing the contents of the CIDs or any information furnished in response; b. For such other relief as the Court deems just and proper. Dated: January 12, 2016 Respectfully submitted, JONATHAN E. NUECHTERLEIN General Counsel LESLIE RICE MELMAN Assistant General Counsel for Litigation /s/ Burke Kappler BURKE KAPPLER Attorney, Office of General Counsel FEDERAL TRADE COMMISSION 600 Pennsylvania Ave., NW Washington, DC 20580 Telephone: (202 326-2043 Fax: (202 326-2477 E-mail: bkappler@ftc.gov Attorneys for the Federal Trade Commission 5