Coryat, Brian

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF BRIAN CORYAT CONSENT ORDER, ETC., INREGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT Docket C-3666. Complaint, June 10, 1996--Decision, June 10, 1996 This consent order prohibits, among other things, a California individual doing business as Enterprising Solutions from misrepresenting any credit repair product, credit reporting remedy or the ability to remove adverse information in any credit report. In addition, the consent order prohibits the respondent from misrepresenting profits, earnings, income, or sales from such business opportunity.

Appearances For the Commission: Nicholas Franczyk, C. Steven Baker and Charulata Pager.

For the respondent: Pro se.

COMPLAINT The Federal Trade Commission, having reason to believe that Brian Coryat, individually and doing business as Enterprising Solutions (“respondent”), has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, alleges:

PARAGRAPH 1. Respondent Brian Coryat is an individual doing business as Enterprising Solutions. His principal office or place of business is located at 6 Harbor Way, Suite 194, Santa Barbara, California.

PAR. 2. Respondent is engaged in the advertising, promotion, offering for sale, sale, and distribution of various products, including, but not limited to, The Credit Repair Kit, and business opportunities, including, but not limited to, the Credit Repair Agency business opportunity, to the public.

BRIAN CORYAT 785 784 Complaint PAR. 3. The acts and practices of respondent alleged in this complaint have been in or affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission Acct. THE CREDIT REPAIR KIT PAR. 4. Respondent has disseminated or has caused to be disseminated advertisements, including advertisements through the Internet, for "The Credit Repair Kit." These advertisements include, but are not necessarily limited to, the attached Exhibit 1, which states, in part:

Get the credit you deserve NOW! eK The Credit Repair Kit contains over 90 pages of hard to find credit repair information. Information that, when yours, will allow you to change any credit report to reflect an excellent credit history. OK # Use proven techniques to permanently erase negative information contained on your credit report.

* OK Explanations and step-by-step instructions of 7 proven techniques of deleting negative information from your credit report. * OR Using our proven techniques, you will now be able to erase; Late payments Repossessions Non-payments Judgements Charge-offs and even Bankruptcy! Liens * OK Once you have these secrets, you will have the credit you deserve regardless of your past credit experience. Bankruptcies, liens, repossessions, and late payment histories .... Gone! PAR. 5. Through the use of the statements contained in the advertisements referred to in paragraph four, including but not necessarily limited to the advertisement attached as Exhibit 1, respondent has represented, directly or by implication, that consumers can remove bankruptcies, judgments, liens, repossessions, late payments, and other adverse items of information from their credit reports even where such information is accurate and not obsolete.

Complaint 121 F.T.C.

PAR. 6. In truth and in fact, most consumers cannot remove bankruptcies, judgments, liens, repossessions, late payments, and other adverse items of information from their credit reports where such information is accurate and not obsolete. Therefore, the representation set forth in paragraph five was, and is, false and misleading.

THE CREDIT REPAIR AGENCY BUSINESS OPPORTUNITY PAR. 7. Respondent has disseminated or has caused to be disseminated advertisements, including advertisements through the Internet, for the Credit Repair Agency business opportunity. These advertisements include, but are not necessarily limited to, the attached Exhibit 2, which states, in part: Start Your Own Credit Counseling, Credit Repair Agency! OK OR Step-by-easy-step instructions teach you exactly how to remove errors, and even true negative items from any credit report. The going rate for this service is anywhere from $350 to $1000! Something you can do in 5 to 6 hours! You can earn over $1000 a day for this service alone! PAR. 8. Through the use of the statements contained in the advertisements referred to in paragraph seven, including but not necessarily limited to the advertisement attached as Exhibit 2, respondent has represented, directly or by implication, that the amount of money represented by these statements is representative, or typical, of what individuals who purchase the Credit Repair Agency business opportunity will generally achieve. PAR. 9. In truth and in fact, the amount of money represented by these statements is not representative, or typical, of what individuals who purchase the Credit Repair Agency business opportunity will generally achieve. Therefore, the representation set forth in paragraph eight was, and is, false and misleading.

PAR. 10. Through the use of the statements contained in the advertisements referred to in paragraph seven, including but not necessarily limited to the advertisement attached as Exhibit 2, respondent has represented, directly or by implication, that at the time he made the representation set forth in paragraph eight, respondent possessed and relied upon a reasonable basis that substantiated such representation.

BRIAN CORYAT 787 784 Complaint PAR. 11. In truth and in fact, at the time he made the representation set forth in paragraph eight, respondent did not possess and rely upon a reasonable basis that substantiated such representations. Therefore, the representation set forth in paragraph ten was, and is, false and misleading.

PAR. 12. The acts and practices of respondent as alleged in this complaint constitute unfair or deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act.

Complaint 121 F.T.C.

EXHIBIT 1 The Credit Repair Kit Get the credit you deserve NOW! Everyone knows that in society today. credit is sometimes even better than cash. in fact, just a simple Visa vr Mastercard can .nean:

* Always having “money” in your pocket yeu want it * A pre-approved cash loan anv time * Quick pre-approval for travel reservations. car rentais. and check cashing That's just a credit card. Now an A-1 credit rating can be an even more powerful tuol. and when used proper: even help to fulfill your dreams! After all, most real estate millionaires and business tycoons would still bo were 9-5 if they didn't have good credit when they needed it. Once vou have these credit repair secrets. sou will bass credit you deserve regardless of your past credit experience. Best of all. you'll never need to discuss anything in person or over the telephone. All communication 1s striet!y mail. And only one letter per week will repair most bad credit reports in less than 60 days. sometimes 10 less ts. weeks! For even faster results. you may prefer to write all of the letters in just one evening. The choice ts seus How can a simple letter erase bad marks from your credit report? Basically. each Jetter that you mail referers a specific section, subsection, and paragraph of the Federal Law. a law that all credit bureaus MUST comply with’ These Federal Laws are the “loopholes” that credit repair agencies have used to clear bad credit for thousands 0! consumers just like yourself. But you won't have to pay upwards of $2000.00 to have your credit cleared. Because you'll do it yourself. Absolutely everything you need comes included in The Credit Repair Kit! The Credit Repair Kit includes over a dozen sample letters. A letter for each conceivable credit problem. Each less quotes a specific Federal Law. Just copy the letter that applies. and send it in the mail. That simple! (The creds bureaus won't have a legal leg to stand on when vou use the Federal Law in vour favor!) Change "CREDIT DENIED" to “CREDIT APPROVED" in 30 days or less. GUAPANTEE That's right! Whether you've never had credit, or if your credit has been damaged in the past, just by following ou: simple step-by-step credit repair instructions, in just one month you will qualify for credit at any major bank or financial institution. They will not only approve your loan or major credit card request, but they will likely let you your own credit limit. (In fact, they will often contact you first, offering you pre-approved credit cards and pre-approved loan amounts!) The Credit Repair Kit contains over 90 pages of hard to find credit repair information. Information that. when + ou will allow you to change any credit report to reflect an excellent credit history. (If your credit report is anything lk than outstanding, you need this manual.) Easy Step-by-Step Instructions EXHIBIT | he Credit Repair Kit will take sou by the hand and wurde veu through the step-by-step process proven ts ehenge, BRIAN CORYAT 789 784 Complaint EXHIBIT 1 you and your family. Always there, if and when you nevu it. It may never again be this easy to clean up your credit, and you never know when you might need it. ‘This is your opportunity for total financial acceptance Order today. as orders are shipped on a first come. first ser: basis.

Sincerely yours, Brian Coryat President Home Business Solutions P.S. The Credit Repair Kit includes ALL known techniques of credit repair. updated at least once a sear with th. most current information.

Complaint 121 F.T.C.

EXHIBIT 1 If I gave you step-by step instructions how to erase an us yuur creait problems qucikly and easily,... Would you be willing to spend. just a few minutes of your time to accomplish it? Everyone knows that in America today, credit is sometimes better than cash. in fact, just a simple Visa or Master:. can mean;

Always having “money” in your pocket.

A pre-approved cash loan anytime vou want il Quick pre-approval for hotels. car rentals. and check cashing That's just a credit card. Now an A-1 credit report can be an extremely powerful tool, and when used crore even help sou to fullill sour dreams After all, the real estate millionaires, would sull be working +S uf thes didn't have the wood credi necessat real-estate when the ume was right And how about the people driving the newer cars and fiving in the miver homes, thes also used credit fur ng tool that itcan be... The same powerful tool will be sours if sou are willing to spend just a eM aunutes 2+ Thar’s right! Just by mailing one letter a week. good credit is sours’ The Credit Repair Kit contains ninety 8 1 2” 11" wire bound pages ofextremels hard to find. saiuable ereui ss information. Information that will allow vou to take full advantave of fine known eredif repair secrets Seerets previously used by thousands to erase bad credit Once you have these secrets. you will have the credit sou deserve regardless of sour pasi credit e\; Bankruptcies, liens, repossessions, and late payment histories. . Gene! Best of all. you never have to discuss anything in person or over the telephone. All communication ts accompliss. shrough the mail. And only one letter a week will repair most bad credit reports in less than 60 days. sometimes +: less than 2 weeks! For even aster results. you may prefer to mail all of the letters in just one evening The chose yours! How can a simple letter erase bad marks from your credit report? Basically. each letter that you mail references a specific section. subsection. and paragraph of the Federal Law. Law that the credit bureaus MUST conform with. These Federal Laws are the ‘loopholes’ that credit repair agency:v~ have used to clear bad credit for thousands of consumers like yourself. But you won't have to pay upwards of $2000.00 to have your credit cleared. Because you'll do it yourself. Absolutely everything you need comes includes! in The Credit Repair Kit.

The Credit Repair Kit includes 13 sample letters. A lemter for each conceivable credit problem. Each letter quotes 2 specific Federal Law (For example, “In accordance with Public Law 90-321. Title 4, Section 61 1. Subsection (a): hereby petition....... ) Just copy the letter that applies, and send it in the mail. That simple! Also, the Credit Repair Kit is wire-o Bound t: allow easy reading, and easy copying of the sample letters. The credit bureaus won't have a legal leg to stand on when you use the Federal Law in your favor! As President of this company, | assure you that you will be totally satisfied with The Credit Repair Kit. Of course I'm backing that up with an UNCONDITIONAL 100% MONEY BACK GUARANTEE. When you receive The Credit Repair Kit you will immediately see how easy it is to clean ycur credit. and if yeu like must people, you will practically run to the mailbox with vour first outgoing letter. Soon after... vou mas |. voursel! buying something that vou've wanted for a long time. Will 1t be a new car. a boat. or perhaps the home sour dreams”

BRIAN CORYAT 791 784 Complaint EXHIBIT 1 ACT NOW! This is your opportunity for total financial acceptance, For more information. click HERE Stock = CRK 21-1 The Credit Repair Kit $24 9% For ordering information. click HERE Complaint 121 F.T.C.

EXHIBIT 1 Step 1 Use proven techniques to permanently erase negauive information contained on your credit report Step 2 Utilize the credit rebuilding system to add positive marks to your credit report thereby indicating be in excellent credit standing.

Take a look at the features of The Credit Repair Kit Explanations and step-by-step instruchons of 7 proven techniques of deleting negative Information ier. credit report.

Step-by-step instructions on how to rebuild a positive credit profile. quality ing sou for credit tt a or financial institution.

Major credit card sources. that allow you to obtain major credit cards regardless of Sour pasi vfecs YOU set your own credit limit.

Instructions how to obtain FREE copies of your credit report tram the three largest cred#t Pures 2% States. TRW. TransUnion, and Equifax.

A complete copy of The Fair Credit Reporting Act. allowing sou to use this important Feder! # favor to delete negative information from vour credit report. Easy qualify major credit card sources Using our proven techniques. you will now be able to grase water payments Non- payments Charge-offs Liens Repossessions Judgements and even Bankruptcy:

All the tools and techniques included in The Credit Repair Kit are 100% LEGAL and 100% PROVEN' When you receive The Credit Repair Kit you will immediately see how easy it is to clean your credit. and if you like most people, you will practically run to the mailbox with your first outgoing letter. Soon after you may find yourself buying something you've been wanting for a long time. Will it be a new car, a boat. or perhaps the home your dreams? Even if you don't want to buy anything, just think of the extra security and peace of mind for you am. your family! IMPORTANT NOTICE More than thirteen states have recently settled a law suit against TRW, the largest credit bureau, in Federal Court The charges were brought about due to the enormous amount of errors found on the credit reports that they provide In the settlement, TRW has begun a consumer awareness campaign, and has also indicated to the Attomey Ge cru that antiquated and ineffective reporting procedures will be revised to better insure accurate credit reporting. ITH NEVER BEEN EASIER TO ERASE NEGATIVE MARKS FROM YOUR CREDIT REPORT! Because the erevii bureaus are currently under the constant pressure to reduce the amount of complaints by consumers. RIGHT SOM probably the easiest time ever to clear negative marks from your credit report. However. TIME [S RUNNING When the credit bureaus rid themselves of their present inetfective procedures, they are very likely to also rid themselves of loopholes. Loopholes that have allowed thousands of cousumers like yourself to 2rase bac ered DF ol mas never again be this easy to clean up sour credit! Q Pep, Fy ero Braap 4oy $6 bpp 4003, Rday, MPD . “Lr, # Pag items I Stu S07 0) ue, Pay Nox tious, Wn MOL s Moy “Suteng SI Rtiay ny » “link Frye, Qe Moss 7, Pesos You Jog Pup Fuiy e Up, (ey) J134p Pmo3 fey Jay. Jb, "Moag Bday 4g ‘Wose, S8ury e Serpe (nop 334 fea Prey, O14: Oknor Nog wn les Nog You aay "Pars e suey, Pex, Ey) ey Jey, 21996 Wed>, Upars 34 Quy, epg! pug Say, np ng Rp mm 229, Nog uy You, Fon Sp & "Suing Woy e Ler a] Oty 0) Pray nog pues o7)) me v N70 “1A toe {pays ro nog Jag (or) Hop, > os oN iors, Meg) 4oy “Fong 41g nog Aeg Vien 2ey A156 Teo *9ap 2ny v & s & ‘Pop woh2an of htg oy. Ue, 28%) Pn, , 8b uy y Oo a & S3yp, re dp * %86 C7] ey ry Pie, "ary 40fey, doy moe > & pea Yods, "Par, e Yon Sway, 4 NEB o1, an, Cura, Fi) Mons oig Z 40 iS) ¥ by iy ‘7 1 Nog u wey Q) baxy og Buy Mo 4, An Sop ~~ Ware, uy "RX, Pin ql ae Nox 2B, lin Fete, hy Siy Ui wot2 319. Ilig 4lay, Yog 12,04 PB ay Pup trea 8png Spies "Par, Q Pings. “enna *9ap Se Yong SOIA36 Papas) ac Auey; Stay Nog 29 Sp ‘nog ed, "Par, *Pisog ‘Wop aro. Sty 4oy Aen eB 006 Ky 40 “res Yes No, ‘noy 90, Su °P ue, nog 7 Mou. ‘000; 5 9) Se Yo Ui fine sr ais. Sty 4oy ey "Utog Uy Yoda, dpa, Aue Woy Stuy, 4 NEB, ony Ya5 Pup ‘Sons 40y)09 0] Hoy Nowy, nog Yop.) Won, n , een Teda, Pary JO S109 Pup Sut ay) Ie Yes, lhnog Pung Su ny Pane e haa Sm05 ” aud S Sty a read 12 y » danny ty Feap tara! nog a Bind Then 04 say Protea 7t8eq tos Fura ‘nde Sinan PUP » Puy Urey nog Puy, Mt ae ‘erect M Pres y get ay “aon Pom, Vata Op >on, 2 JO Prep, np, Pinos 24) et U% Nem a ey Moog fans money “4pm; ies Po Papua nag, eda, MPa. ‘ WPsung. "Pa. Un ‘No, Hejo + nN Decision and Order 121 F.T.C.

DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft of complaint which the Chicago Regional Office proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violation of the Federal Trade Commission Act; and The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in such complaint, or that the facts as alleged in such complaint, other than jurisdictional facts, are true and waivers and other provisions as required by the Commission's Rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondent has violated the said Act, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, and no comments having been filed thereafter by interested parties pursuant to Section 2.34 of its Rules, now in further conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings and enters the following order: 1. Respondent Brian Coryat is an individual doing business as Enterprising Solutions with his principal office or place of business at 6 Harbor Way, Suite 194, Santa Barbara, California. 2. The acts and practices of the respondent alleged in this complaint have been in or affecting commerce, as "commerce" is defined in the Federal Trade Commission Act. 3. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

BRIAN CORYAT 795 784 Decision and Order ORDER DEFINITIONS 1. "Credit report" means any written, oral, or other communication of information by a consumer reporting agency bearing on a person's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living that is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for credit.

2. "Credit repair product" means any product or service to improve a person's credit report by removing adverse information appearing therein, changing the rating of such information from negative to positive, or otherwise enhancing the person's credit report.

It is ordered, That respondent Brian Coryat, his agents, representatives, and employees, directly or through any corporation, subsidiary, division, or other device, in connection with the advertising, promotion, offering for sale, sale, or distribution of any credit repair product, in or affecting commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from misrepresenting, either directly or indirectly, in writing, via a computer communications network, or by any other means, any right or remedy available under the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., including, but not limited to, the ability to remove adverse information in any credit report. II.

It is further ordered, That respondent Brian Coryat, his agents, representatives, and employees, directly or through any corporation, subsidiary, division, or other device, in connection with the advertising, promotion, offering for sale, sale, or distribution of the Credit Repair Agency business opportunity, or any other business opportunity, in or affecting commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist Decision and Order 121 F.T.C.

from misrepresenting, in any manner, the past, present, or future profits, earnings, income, or sales from such business opportunity. IIL.

It is further ordered, That respondent Brian Coryat, his agents, representatives, and employees, directly or through any corporation, subsidiary, division, or other device, in connection with the advertising, promotion, offering for sale, sale, or distribution of the Credit Repair Agency business opportunity, or any other business opportunity, in or affecting commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from representing, in any manner, the past, present, or future profits, earnings, income, or sales from such business opportunity, unless at the time of making such representation respondent possesses and relies upon competent and reliable evidence that substantiates the representation.

IV.

It is further ordered, That for five (5) years after the last date of dissemination of any representation covered by this order, respondent, or his successors and assigns, shall maintain and upon request make available to the Federal Trade Commission for inspection and copying:

A. All materials that were relied upon in disseminating such representation; and B. All tests, reports, studies, surveys, demonstrations, or other evidence in his possession or control that contradict, qualify, or call into question such representation, or the basis relied upon for such representation, including complaints from consumers. V.

It is further ordered, That respondent shall: A. Within thirty (30) days from the effective date of this order deliver a copy of this order to each of his officers, agents, representatives, and employees who are engaged in the preparation BRIAN CORYAT 797 784 Decision and Order or placement of advertisements, promotional materials or other such sales materials covered by this order.

B. For a period of ten (10) years from the effective date of this order deliver a copy of this order to each of his future officers, agents, representatives, and employees who are engaged in the preparation or placement of advertisements, promotional materials or other such sales materials covered by this order, within three (3) days after the person assumes such position.

VI.

It is further ordered, That from the date this order becomes final, respondent shall notify the Commission within thirty (30) days of the discontinuance of his present business or employment and of each affiliation with a new business or employment. Each notice of affiliation with any new business or employment shall include his new business address and telephone number, current home address, and a statement describing the nature of the business or employment and the duties and responsibilities.

VIL.

It is further ordered, That within sixty (60) days after service of this order, and at such other times as the Commission may require, respondent shall file with the Commission a report, in writing, setting forth in detail the manner and form in which he has complied with this order.

VII.

This order will terminate on June 10, 2016, or twenty years from the most recent date that the United States or the Federal Trade Commission files a complaint (with or without an accompanying consent decree) in federal court alleging any violation of the order, whichever comes later; provided, however, that the filing of such a complaint will not affect the duration of: A. Any paragraph in this order that terminates in less than twenty years;

Decision and Order 12] F.T.C.

B. This order's application to any respondent that is not named as a defendant in such complaint; and C. This order if such complaint is filed after the order has terminated pursuant to this paragraph.

Provided further, that if such complaint is dismissed or a federal court rules that the respondent did not violate any provision of the order, and the dismissal or ruling is either not appealed or upheld on appeal, then the order will terminate according to this paragraph as though the complaint was never filed, except that the order will not terminate between the date such complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date such dismissal or ruling is upheld on appeal.

MARTHA CLARK 799 799 Complaint