Motion for Temporary Restraining Order — FTC v. Ponte Investments

Record facts

U.S. District Court, District of Rhode Island · No. 1:20-cv-00177-JJM-PAS · Doc. 5 · 2020-04-17 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF RHODE ISLAND 
 
 
 
FEDERAL TRADE COMMISSION, 
CASE NO. 1:20-cv-00177-JJM-PAS 
      
 
          Plaintiff, 
 
 
FTC’S MOTION FOR A  
          v. 
TEMPORARY RESTRAINING  
 
ORDER, AND OTHER EQUITABLE  
PONTE INVESTMENTS, LLC, a limited liability 
RELIEF, AND ORDER TO SHOW  
company, also d/b/a SBA LOAN PROGRAM and 
CAUSE WHY A PRELIMINARY  
d/b/a SBA LOAN PROGRAM.com, and 
INJUNCTION SHOULD NOT ISSUE 
 
 
JOHN C. PONTE, individually and as an officer 
 
of PONTE INVESTMENTS, LLC, 
 
 
 
           Defendants. 
 
 
 
 
Pursuant to Rule 65 of the Federal Rules of Civil Procedure, the Federal Trade 
Commission (“FTC”) moves for a temporary restraining order (“TRO”), and other equitable 
relief, and an order to show cause why a preliminary injunction should not issue.  In support of 
its motion, the FTC submits the accompanying memorandum, exhibits, and declarations, and 
states as follows: 
1. The FTC brings this action to stop Defendants Ponte Investments, LLC, also d/b/a SBA Loan 
Program and d/b/a SBALoanProgram.com, and John C. Ponte from misleadingly soliciting 
small business consumers seeking financial relief from the devastating effects of the 
coronavirus pandemic.  SBA Loan Program has been misrepresenting that it is authorized to 
make Small Business Administration (“SBA”) loans under the Paycheck Protection Program 
(“PPP”), and it also has been misleading consumers that it is SBA, or is otherwise associated 
or approved by SBA.  In reality, SBA Loan Program is not authorized to make PPP loans and 
is not associated with, or approved by, SBA. 
2. These acts and practices violate Section 5(a) of the Federal Trade Commission Act (“FTC 
Act”), 15 U.S.C. § 45(a). 
Case 1:20-cv-00177-JJM-PAS     Document 5     Filed 04/17/20     Page 1 of 3 PageID #: 47

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3. The FTC therefore seeks a TRO:   
a. Temporarily restraining Defendants from misrepresenting any material fact, including but 
not limited to, that any Defendant is authorized to make PPP loans and that any 
Defendant is SBA, or is affiliated or otherwise associated with, or endorsed, sponsored, 
or approved by SBA; 
b. Temporarily restraining and enjoining Defendants from releasing certain consumer 
information; 
c. Requiring Defendants to notify each consumer whose information any Defendant 
obtained in connection with activity that pertains to the subject matter of the TRO; 
d. Restraining and enjoining Defendants and certain third parties from destroying or 
concealing documents; 
e. Requiring Defendants to show cause why this Court should not issue a preliminary 
injunction extending such temporary relief pending an adjudication on the merits; and  
f. Providing for other equitable relief. 
4. Filed concurrently are a memorandum in support of TRO and accompanying exhibits and 
declarations.   
5. Pursuant to LR Gen 306, the FTC is prepared to submit a proposed TRO if requested by the 
Court. 
WHEREFORE, the FTC respectfully requests that this Court grant this motion by issuing 
a TRO entering the proposed relief. 
 
 
Case 1:20-cv-00177-JJM-PAS     Document 5     Filed 04/17/20     Page 2 of 3 PageID #: 48

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Dated: April 17, 2020  
 
 
Respectfully submitted, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
/s/ Daniel Dwyer 
  
 
 
 
 
 
 
THOMAS J. WIDOR 
 
 
 
 
 
 
D.C. Bar No. 490184  
 
 
 
 
 
 
 
 
 
SANYA SHAHRASBI 
 
 
 
 
 
 
D.C. Bar No. 1671001 
 
 
 
 
 
 
 
 
 
DANIEL DWYER 
 
 
 
 
 
 
California Bar No. 286701 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal Trade Commission 
 
 
 
 
 
 
600 Pennsylvania Ave., NW, CC-10232 
 
 
 
 
 
 
Washington, DC 20580 
 
 
 
 
 
 
(202) 326-3039 (Widor) 
 
 
 
 
 
 
(202) 326-2709 (Shahrasbi) 
 
 
 
 
 
 
(202) 326-2957 (Dwyer) 
 
 
 
 
 
 
twidor@ftc.gov 
 
 
 
 
 
 
sshahrasbi@ftc.gov 
 
 
 
 
 
 
ddwyer@ftc.gov 
 
 
 
 
 
 
Fax: 202-326-3768 
Case 1:20-cv-00177-JJM-PAS     Document 5     Filed 04/17/20     Page 3 of 3 PageID #: 49

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