FTC v. First Universal Lending
FTC v. First Universal Lending
| Case Date: | 02/17/2011 |
| Citation: | FTC v. First Universal Lending, 773 F. Supp. 2d 1332 (S.D. Fla. 2011) |
| Court Type: | Federal District |
| Court: | Southern District of Florida (S.D. Fla.) |
| Judge: | Federal Magistrate Judge: Robin S. Rosenbaum |
| Issues: | FTC brought action under the FTC Act and Telemarketing Sales Rule. Defendants filed a Motion to Enjoin Prosecution, alleging the FTC, in bad faith, destroyed computer evidence beneficial to Defendants’ case. |
| Resolution: | The Court held the FTC was not responsible for spoliation of Defendants’ computer evidence, as there was no direct or circumstantial evidence of bad faith on behalf of the FTC. |
| Relevant Documents: | Motion to Enjoin Prosecution and/or to Enjoin Prosecution (Doc. 170) Response in Opposition to Motion to Enjoin Prosecution (Doc. 177) |
| E-Discovery Issues: | Motion for Spoliation, Motion to Enjoin Prosecution, Preliminary Injunction |
| E-discovery Tags: | Forensic Analysis/Examination, Mirror Imaging, Preservation and Collection, Sanctions, Spoliation |
| E-discovery subjects: | Computer, Hard drive, Servers, Software |