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Yair Shalev / Kobeni Solutions

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Yair Shalev / Kobeni Solutions Index


Country: United States
State: Florida
High volume snowshoe spammer from Florida, (former?) partner-in-spam of ROKSO spammer Darrin Wohl. Son-in-law of ROKSO-listed spammer Dan Abramovich. Sued for fraud by the US FTC in 2014.


Yair Shalev / Kobeni Solutions SBL Listings History
Current SBL Listings
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LEGAL: Stipulated Order for Permanent Injunction and Monetary Judgment


From: http://www.ftc.gov/system/files/documents/cases/140811kobeniorder.pdf

Case 0:14-cv-60143-KMM Document 23 Entered on FLSD Docket 08/07/2014 Page 1 of 13UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDACase No. 0:14-cv-60143-KMMFEDERAL TRADE COMMISSION,Plaintiff,vs.KOBENI INC., a Florida Corporation, andYAIR SHALEV, individually, and as an officeror director of KOBENI INC.,Defendants._____________________________________/STIPULATED ORDER FOR PERMANENT INJUNCTIONAND MONETARY JUDGMENTPlaintiff, the Federal Trade Commission (“Commission” or “FTC”), filed its Complaintfor Permanent Injunction and Other Equitable Relief (“Complaint”) against Kobeni Inc. and YairShalev on January 21, 2014, pursuant to Sections 13(b) and 19 of the Federal Trade CommissionAct (“FTC Act”), 15 U.S.C. §§ 53(b) and 57b, and Section 7(a) of the Controlling the Assault ofNon-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”),15 U.S.C. § 7706(a). The Commission and Defendants, having been represented by counsel, andacting by and through said counsel, stipulate to the entry of this Stipulated Order for PermanentInjunction and Monetary Judgment (the “Order”) to resolve all matters in dispute among them inthis action.Case 0:14-cv-60143-KMM Document 23 Entered on FLSD Docket 08/07/2014 Page 2 of 13THEREFORE, Plaintiff and Defendants, having requested the Court to enter this Order,and the Court having considered the Order reached among the parties, IT IS HEREBYORDERED, ADJUDGED, AND DECREED as follows:FINDINGS1.The Court has jurisdiction over this matter.2.The Complaint charges that Defendants participated in unfair or deceptive acts orpractices in violation of Section 5 of the FTC Act, 15 U.S.C. § 45, and Section 7(a) of the CAN-SPAM Act, 15 U.S.C. § 7706(a), in the course of transmitting or arranging for the transmissionof unsolicited commercial electronic mail messages concerning consumers’ purported legalobligation to obtain health insurance.3.Defendants neither admit nor deny any of the allegations in the Complaint, exceptas specifically stated in this Order. Only for purposes of this action, Defendants admit the factsnecessary to establish jurisdiction.4.Defendants waive any claim that they may have under the Equal Access to JusticeAct, 28 U.S.C. § 2412, concerning the prosecution of this action through the date of this Order,and agree to bear their own costs and attorneys’ fees.5.Defendants waive all rights to appeal or otherwise to challenge or to contest thevalidity of this Order.2Case 0:14-cv-60143-KMM Document 23 Entered on FLSD Docket 08/07/2014 Page 3 of 13DEFINITIONSFor purposes of this Order, the following definitions apply:1.“Corporate Defendant” means Kobeni Inc. and its successors and assigns.2.“Defendants” means the Individual Defendant and the CorporateDefendant, individually, collectively, or in any combination.3.“Individual Defendant” means Yair Shalev.4.“Person” or “persons” includes a natural person, an organization or other legalentity, including a corporation, partnership, sole proprietorship, limited liability company,association, cooperative, or any other group or combination acting as an entity.5.“Plaintiff” means the Federal Trade Commission (“FTC” or “Commission”).6.“Commercial electronic mail message” means any electronic mailmessage the primary purpose of which is the commercial advertisement or promotion of acommercial product or service (including content on an Internet website operated for acommercial purpose). 15 U.S.C. § 7702(2).7.“Electronic mail message” (or “email”) means a message sent to aunique electronic mail address. 15 U.S.C. § 7702(6).8.“Electronic mail address” means a destination, commonly expressedas a string of characters, consisting of a unique user name or mailbox (commonly referred to asthe “local part”) and a reference to an Internet domain (commonly referred to as the “domainpart”), whether or not displayed, to which an electronic mail message can be sent or delivered.15 U.S.C. § 7702(5).3Case 0:14-cv-60143-KMM Document 23 Entered on FLSD Docket 08/07/2014 Page 4 of 139.“Initiate,” when used with respect to a commercial email message,means to originate or transmit such message or to procure the origination or transmission of suchmessage. 15 U.S.C. § 7702(9).10.“Procure,” when used with respect to the initiation of a commercial emailmessage, means intentionally to pay or provide other consideration to, or induce, another personto initiate such a message on one’s behalf. 15 U.S.C. § 7702(12).11.“Sender” means a person who initiates a commercial email messageand whose product, service, or Internet website is advertised or promoted by the message.15 U.S.C. § 7702(16).I.PROHIBITED MISREPRESENTATIONSIT IS ORDERED that Defendants, Defendants’ officers, agents, servants, employees, andattorneys, and all other persons in active concert or participation with any of them, who receiveactual notice of this Order, whether acting directly or indirectly, in connection with theadvertising, marketing, promotion, offering for sale, or sale of any good or service, arepermanently restrained and enjoined from misrepresenting, or assisting others inmisrepresenting, any material fact, expressly or by implication, including, but not limited to:A.that consumers will violate federal law if they do not select healthinsurance by a specified date;B.that the law requires consumers to select or purchase a good or service;C.the total cost to purchase, receive, or use a good or service;4Case 0:14-cv-60143-KMM Document 23 Entered on FLSD Docket 08/07/2014 Page 5 of 13D.any material restrictions, limitations, or conditions to purchase, receive, oruse a good or service;E.any material aspect of the performance, efficacy, nature, or centralcharacteristics of a good or service; andF.any material aspect of the nature or terms of a refund, cancellation,exchange, or repurchase policy for a good or service.II.PROHIBITED CAN-SPAM PRACTICESIT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, servants,employees, and attorneys, and all other persons in active concert or participation with any ofthem, who receive actual notice of this Order, whether acting directly or indirectly, in connectionwith the advertising, marketing, promotion, offering for sale, or sale of any good or service, arepermanently restrained and enjoined from violating Sections 5 and 6 of the CAN-SPAM Act, 15U.S.C. §§ 7704 and 7705, of which a copy of the CAN-SPAM Act, 15 U.S.C. §§ 7701-7713, isattached and herein incorporated, by, including but not limited to, initiating, procuring, ortransmitting, or assisting others in initiating, procuring, or transmitting, a Commercial ElectronicMail Message that:A.Does not include a clear and conspicuous notice of the recipient’s opportunity todecline to receive further Commercial Electronic Mail Messages from the Sender at therecipient’s Electronic Mail Address and describes the means by which the recipient can declineto receive future Commercial Electronic Mail Messages from the Sender; andB.Does not include the Sender’s valid physical postal address.5Case 0:14-cv-60143-KMM Document 23 Entered on FLSD Docket 08/07/2014 Page 6 of 13III.MONETARY JUDGMENTIT IS FURTHER ORDERED that:A.Judgment in the amount of three hundred fifty thousand United States dollars($350,000 (USD)) is entered in favor of the Commission against the Individual and CorporateDefendant (only one corporation), jointly and severally, as equitable monetary relief;B.Defendants are ordered to pay to the Commission three hundred fifty thousandUnited States dollars ($350,000 (USD)), which as Defendants stipulate, their undersignedcounsel holds in escrow for no purpose other than payment to the Commission. Such paymentmust be made within seven (7) days of entry of this Order by electronic fund transfer inaccordance with instructions previously provided by a representative of the Commission.C.Defendants relinquish dominion and all legal and equitable right, title, and interestin all assets transferred pursuant to this Order and may not seek the return of any assets;D.The facts alleged in the Complaint will be taken as true, without further proof, inany subsequent civil litigation by or on behalf of the Commission, including in a proceeding toenforce its rights to any payment or monetary judgment pursuant to this Order, such as anondischargeability complaint in any bankruptcy case;E.The facts alleged in the Complaint establish all elements necessary to sustain anaction by the Commission pursuant to Section 523(a)(2)(A) of the Bankruptcy Code,11 U.S.C. § 523(a)(2)(A), and this Order will have collateral estoppel effect for such purposes;F.Defendants acknowledge that their Taxpayer Identification Numbers (SocialSecurity Numbers or Employer Identification Numbers), which Defendants previously submitted6Case 0:14-cv-60143-KMM Document 23 Entered on FLSD Docket 08/07/2014 Page 7 of 13to the Commission, may be used for collecting and reporting on any delinquent amount arisingout of this Order, in accordance with 31 U.S.C. § 7701; andG.All money paid to the Commission pursuant to this Order may be deposited into afund administered by the Commission or its designee to be used for equitable relief, includingconsumer redress and any attendant expenses for the administration of any redress fund. If arepresentative of the Commission decides that direct redress to consumers is wholly or partiallyimpracticable or money remains after redress is completed, the Commission may apply anyremaining money for such other equitable relief (including consumer information remedies) as itdetermines to be reasonably related to Defendants’ practices alleged in the Complaint. Anymoney not used for such equitable relief is to be deposited into the U.S. Treasury asdisgorgement. Defendants have no right to challenge any actions the Commission or itsrepresentatives may take pursuant to this Subsection.IV.PROHIBITIONS REGARDING CONSUMER INFORMATIONIT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, servants,employees, and attorneys, and all other persons in active concert or participation with any ofthem, who receive actual notice of this Order, are permanently restrained and enjoined fromdirectly or indirectly:A.Disclosing, selling, renting, leasing, transferring, using, or benefiting fromcustomer information, including the name, address, birth date, telephone number, email address,social security number, other identifying information, or any data that enables access to acustomer’s account (including a credit card, bank account, or other financial account), that any7Case 0:14-cv-60143-KMM Document 23 Entered on FLSD Docket 08/07/2014 Page 8 of 13Defendant obtained prior to entry of this Order in connection with the transmission ofcommercial email messages marketing or advertising health insurance; andB.Failing to destroy such customer information in all forms in their possession,custody, or control within thirty (30) days after receipt of written direction to do so from arepresentative of the Commission.Provided, however, that customer information need not be disposed of, and may bedisclosed, to the extent requested by a government agency or required by a law, regulation, orcourt order.V.ORDER ACKNOWLEDGMENTSIT IS FURTHER ORDERED that Defendants obtain acknowledgments of receipt of thisOrder:A.Each Defendant, within seven (7) days of entry of this Order, must submit to theCommission an acknowledgment of receipt of this Order sworn under penalty of perjury;B.For five (5) years after entry of this Order, Individual Defendant for any businessthat he, individually or collectively with any other Defendant, is the majority owner or controlsdirectly or indirectly, and the Corporate Defendant, must deliver a copy of this Order to: (1) allprincipals, officers, directors, and LLC managers and members; (2) all employees, agents, andrepresentatives who participate in conduct related to the subject matter of this Order; and (3) anybusiness entity resulting from any change in structure as set forth in the Section titledCompliance Reporting. Delivery must occur within seven days of entry of this Order for currentpersonnel. For all others, delivery must occur before they assume their responsibilities; and8Case 0:14-cv-60143-KMM Document 23 Entered on FLSD Docket 08/07/2014 Page 9 of 13C.From each individual or entity to which a Defendant delivered a copy of thisOrder, that Defendant must obtain, within 30 days, a signed and dated acknowledgment ofreceipt of this Order.VI.COMPLIANCE REPORTINGIT IS FURTHER ORDERED that Defendants make timely submissions to theCommission:A.One year after entry of this Order, each Defendant must submit a compliancereport, sworn under penalty of perjury.1.Each Defendant must: (a) identity the primary physical, postal, and emailaddress and telephone number, as designated points of contact, which representatives of theCommission may use to communicate with Defendant; (b) identify all of that Defendant’sbusinesses by all of their names, telephone numbers, and physical, postal, email, and Internetaddresses; (c) describe the activities of each business, including the goods and services offered,the means of advertising, marketing, and sales, and the involvement of any other Defendant(which Individual Defendant must describe if he knows or should know due to his owninvolvement); (d) describe in detail whether and how that Defendant is in compliance with eachSection of this Order; and (e) provide a copy of each Order Acknowledgment obtained pursuantto this Order, unless previously submitted to the Commission.2.Additionally, Individual Defendant must: (a) identify all telephonenumbers and all physical, postal, email and Internet addresses, including all residences; (b)identify all business activities, including any business for which he performs services whether as9Case 0:14-cv-60143-KMM Document 23 Entered on FLSD Docket 08/07/2014 Page 10 of 13an employee or otherwise and any entity in which he has any ownership interest; and (c) describein detail his involvement in each such business, including title, role, responsibilities,participation, authority, control, and any ownership.B.For ten (10) years after entry of this Order, each Defendant must submit acompliance notice, sworn under penalty of perjury, within fourteen (14) days of any change inthe following:1.Each Defendant must report any change in: (a) any designated point ofcontact; or (b) the structure of the Corporate Defendant or any entity that Defendant has anyownership interest in or controls directly or indirectly that may affect compliance obligationsarising under this Order, including: creation, merger, sale, or dissolution of the entity or anysubsidiary, parent, or affiliate that engages in any acts or practices subject to this Order.2.Additionally, Individual Defendant must report any change in: (a)name, including aliases or fictitious name, or residence address; or (b) title or role in anybusiness activity, including any business for which he performs services whether as an employeeor otherwise and any entity in which he has any ownership interest, and identify the name,physical address, and Internet address of the business or entity.C.Each Defendant must submit to the Commission notice of the filing of anybankruptcy petition, insolvency proceeding, or any similar proceeding by or against suchDefendant within 14 days of its filing.D.Any submission to the Commission required by this Order to be sworn underpenalty of perjury must be true and accurate and comply with 28 U.S.C. §1746, such as byconcluding: “I declare under penalty of perjury under the laws of the United States of America10Case 0:14-cv-60143-KMM Document 23 Entered on FLSD Docket 08/07/2014 Page 11 of 13that the foregoing is true and correct. Executed on:_____” and supplying the date, signatory’sfull name, title (if applicable), and signature.E.Unless otherwise directed by a Commission representative in writing, allsubmissions to the Commission pursuant to this Order must be emailed to DEbrief@ftc.gov orsent by overnight courier (not the U.S. Postal Service) to: Associate Director for Enforcement,Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW,Washington, DC 20580. The subject line must begin: FTC v. Kobeni Inc., FTC Matter No.X140015.VII.RECORDKEEPINGIT IS FURTHER ORDERED that Defendants must create certain records for ten (10)years after entry of the Order, and retain each such record for five years. Specifically, theCorporate Defendant and Individual Defendant for any business in which that Defendant,individually or collectively with any other Defendant, is a majority owner or controls directly orindirectly, must create and retain the following records:A.Accounting records showing the revenues from all goods or services sold;B.Personnel records showing, for each person providing services, whether as anemployee or otherwise, that person’s: name, addresses, and telephone numbers; job title orposition; dates of service; and, if applicable, the reason for termination;C.Records of all consumer complaints and refund requests, whether receiveddirectly or indirectly, such as through a third party, and any response;11Case 0:14-cv-60143-KMM Document 23 Entered on FLSD Docket 08/07/2014 Page 12 of 13D.All records necessary to demonstrate full compliance with each provision of thisOrder, including all submissions to the Commission; andE.A copy of each advertisement or other marketing material.VIII.COMPLIANCE MONITORINGIT IS FURTHER ORDERED that, for the purpose of monitoring Defendants’ compliancewith this Order:A.Within 14 days of receipt of a written request from a representative of theCommission, each Defendant must: submit additional compliance reports or other requestedinformation, which must be sworn under penalty of perjury; appear for depositions; and producedocuments, for inspection and copying. The Commission is also authorized to obtain discovery,without further leave of court, using any of the procedures prescribed by Federal Rules of CivilProcedure 29, 30 (including telephonic depositions), 31, 33, 34, 36, 45, and 69.B.For matters concerning this Order, the Commission is authorized to communicatedirectly with each Defendant. Defendants must permit representatives of the Commission tointerview any employee or other person affiliated with any Defendant who has agreed to such aninterview. The person interviewed may have counsel present.C.The Commission may use all other lawful means, including posing, through itsrepresentatives, as consumers, suppliers, or other individuals or entities, to Defendants or anyindividual or entity affiliated with Defendants, without the necessity of identification or priornotice. Nothing in this Order limits the Commission’s lawful use of compulsory process,pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1.12

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From: http://www.ftc.gov/system/files/documents/cases/140811kobeniorder.pdf


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