UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

FEDERAL IRADE COMMISSION, PEOPLE OF THE STATE OF CALIFORNIA, Case No. 1:22-cev-7389 STATE OF COLORADO, STIPULATED ORDER FOR PERMANENT INJUNCTION, STATE OF FLORIDA, MONETARY JUDGMENT, AND OTHER RELIEF AGAINST PEOPLE OF THE STATE OF ILLINOIS, ROOMSTER CORP., JOHN SHRIBER, AND ROMAN ZAKS COMMONWEALTH OF MASSACHUSETTS, ie and - || USDC SDNY PEOPLE OF THE STATE OF NEW YORK, _ || DOC ELECTRONICALLY FILED Plaintiffs. DOC ee Sera DATE FILED: /207> V. ROOMSTER CORP., a corporation, JOHN SHRIBER, individually and as an officer of ROOMSTER CORP., ROMAN ZAKS, individually and as an officer of ROOMSTER CORP, and JONATHAN MARTINEZ, individually and doing business as APPWINN, Defendants.

Plaintiffs, the Federal Trade Commission (*“Commission” or “FTC”), and the People of the State of California, Attorneys General of the States of Colorado, Florida, and the Commonwealth of Massachusetts, the People of the State of Illinois, and the People of the State of New York (“Plaintiff States.” and together with the FTC, “Plaintiffs’’), filed their Complaint for Permanent Injunction, Monetary Relief, and other Relief (*Complaint”), pursuant to Section

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13(b) of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. § 53(b), the California Unfair Competition Law and False Advertising Law, California Business and Professions Code §§ 17200, et seg. and 17500, et seq., the Colorado Consumer Protection Act, Colo. Rev. Stats. §§ 6-1-101, et seg., the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part 11, Florida Statutes, the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1, et seg.. Mass. Gen. Laws ch. 93A, § 2, and N.Y. Executive Law § 63(12) and N.Y. GBL §§ 349 and 350. Plaintiffs and Defendants Roomster Corp., John Shriber, and Roman Zaks stipulate to the entry of this Stipulated Order for Permanent Injunction, Monetary Judgment. and Other Relief (“Order”) to resolve all matters in dispute in this action between them. THEREFORE, IT IS ORDERED as follows: FINDINGS l. This Court has jurisdiction over this matter.

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4, Judgment in favor of Plaintiff People of the State of Illinois in the amount of Two Million Eighty-Four Thousand One Hundred Dollars and Zero Cents ($2,084, 100.00) pursuant to 815 ILCS 505/7; ee NE Oe ee ONE ee ee NT ee Ne Ne EAS ON Ew

F, Plaintiff States may apply any money received by them pursuant to this Order for any purpose permitted under state law. Settling Defendants have no right to challenge any actions Plaintiff States or their representatives may take pursuant to Sections VI-VIII. IX. CUSTOMER INFORMATION IT IS FURTHER ORDERED that: A. Settling Detendants, Settling Defendants’ officers, agents, employees, and attorneys, and all other persons in active concert or participation with any of them. who receive actual notice of this Order, are permanently restrained and enjoined from directly or indirectly failing to provide sufficient customer information to enable Plaintiff States to efficiently administer consumer redress. B. If a representative of Plaintiff States requests in writing any information related to redress, Settling Defendants must provide it, in the form prescribed by Plaintiff States, within 14 days. X. COOPERATION IT 1S FURTHER ORDERED that Settling Defendants must fully cooperate with representatives of Plaintiffs in this case and in any investigation related to or associated with the transactions or the occurrences that are the subject of the Complaint. Settling Defendants must provide truthful and complete information, evidence, and testimony. Individual Settling Defendants must appear and Corporate Defendant must cause Corporate Defendant’s officers, employees, representatives, or agents to appear for interviews, discovery, hearings. trials. and any other proceedings that a Plaintiff representative may reasonably request upon 5 days written notice, or other reasonable notice, at such places and times as a Plaintiff representative may designate, without the service of a subpoena.

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XI. ORDER ACKNOWLEDGMENTS IT IS FURTHER ORDERED that Settling Defendants obtain acknowledgments of receipt of this Order: A. Each Settling Defendant, within 7 days of entry of this Order, must submit to Plaintiffs an acknowledgment of receipt of this Order sworn under penalty of perjury. B. For 5 years after entry of this Order, each Individual Settling Defendant for any business that such Individual Settling Defendant, individually or collectively with any other Defendants, is the majority owner or controls directly or indirectly, and each Corporate Defendant, must deliver a copy of this Order to: (1) all principals, officers, directors, and LLC managers and members; (2) all employees having managerial responsibilities for conduct related to the subject matter of the Order and all agents and representatives who participate in conduct related to the subject matter of the Order; and (3) any business entity resulting from any change in structure as set forth in the Section titled Compliance Reporting. Delivery must occur within 7 days of entry of this Order for current personnel. For all others. delivery must occur before they assume their responsibilities. C. From each individual or entity to which a Settling Defendant delivered a copy of this Order, that Settling Defendant must obtain, within 30 days, a signed and dated acknowledgment of receipt of this Order. XII. COMPLIANCE REPORTING IT 1S FURTHER ORDERED that Settling Defendants make timely submissions to Plaintiffs: A. One year after entry of this Order, each Settling Defendant must submit a compliance report, sworn under penalty of perjury: 1. Each Settling Defendant must: (a) identify the primary physical, postal.

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and email address and telephone number, as designated points of contact. which representatives of the Plaintiffs may use to communicate with Settling Defendant: (b) identify all of that Settling Defendant's businesses by all of their names, telephone numbers, and physical, postal, email, and Internet addresses; (c) describe the activities of each business, including the products and services offered, the means of advertising, marketing, and sales, any use of consumer endorsements, incentives to endorsers, and any connections to any endorsers. including copies of any endorsement where there is anv connection to the endorser, and the involvement of any other Defendant (which Individual Settling Defendants must describe if they know or should know due to their own involvement); (d) identify the total dollar amount of all monies paid to each Plaintiff State pursuant this Order: (e) describe in detail whether and how that Settling Defendant is in compliance with each Section of this Order; and (f) provide a copy of each Order Acknowledgment obtained pursuant to this Order, unless previously submitted to the Commission. ^[2]. Additionally, each Individual Settling Defendant must: (a) identify all telephone numbers and all physical, postal, email and Internet addresses, including all residences; (b) identify all business activities. including any business for which such Individual Settling Defendant performs services whether as an employee or otherwise and any entity in which such Individual Settling Defendant has any ownership interest; and (c) describe in detail such Individual Settling Defendant’s involvement in each such business, including title, role, responsibilities, participation, authority, control. and any ownership.

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B. For 20 years after entry of this Order, each Settling Defendant must submit a compliance notice, sworn under penalty of perjury, within 14 days of any change in the following: l. Each Settling Defendant must report any change in: (a) any designated point of contact; or (b) the structure of any Corporate Defendant or any entity that Settling Defendant has any ownership interest in or controls directly or indirectly that may affect compliance obligations arising under this Order, including: creation. merger, sale, or dissolution of the entity or any subsidiary, parent, or affiliate that engages in any acts or practices subject to this Order. ^[2]. Additionally, each Individual Settling Defendant must report any change in: (a) name, including aliases or fictitious name, or residence address; or (b) title or role in any business activity, including any business for which such Individual Settling Defendant performs services whether as an employee or otherwise and any entity in which such Individual Settling Defendant has any ownership interest, and identify the name, physical address, and any Internet address of the business or entity. C. Each Settling Defendant must submit to Plaintiffs notice of the filing of any bankruptcy petition, insolvency proceeding, or similar proceeding by or against such Settling Defendant within 14 days of its filing. D. Any submission to Plaintiffs required by this Order to be sworn under penalty of perjury must be true and accurate and comply with 28 U.S.C. § 1746. such as by concluding: “I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on: ___”’ and supplying the date, signatory’s full name, title (if applicable), and signature.

E. Unless otherwise directed by a Commission representative in writing, all submissions to the Commission pursuant to this Order must be emailed to [email protected] or sent 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 with: FTC et al. v. Roomster et al., Matter No. X220031. All submissions to Plaintiff States pursuant to this order must be emailed to: [email protected], [email protected], [email protected], [email protected], and callie. [email protected] (for Plaintiff the People of the State of California), Abigail. [email protected] and [email protected] (for Plaintiff State of Colorado), [email protected] and Miles. [email protected] (for Plaintiff the State of Florida), Cassandra. [email protected] and [email protected] (for Plaintiff People of the State of Illinois), [email protected] (for Plaintiff Commonwealth of Massachusetts), and [email protected] and [email protected] (for Plaintiff the People of the State of New York). XII. RECORDKEEPING IT IS FURTHER ORDERED that Settling Defendants must create certain records for 20 years after entry of the Order, and retain each such record for 5 years. Specifically, Corporate Defendant and each Individual Settling Defendant for any business that such Settling Defendant, individually or collectively with any other Defendants, is a majority owner or controls directly or indirectly, must create and retain the following records: A. accounting records showing the revenues from all products or services sold; B. personnel records showing, for each person providing services, whether as an employee or otherwise, that person’s: name; addresses; telephone numbers; job title or position; Net RA a NN NANT ND DING NO Pram IID IA NAD DOG NADR IONE EO EE

dates of service; and (if applicable) the reason for termination; C. records of all consumer complaints and refund requests, whether received directly or indirectly, such as through a third party, and any response; and D. all records necessary to demonstrate full compliance with each provision of this Order, including al! submissions to Plaintiffs. XIV. COMPLIANCE MONITORING IT IS FURTHER ORDERED that, for the purpose of monitoring Settling Defendants’ compliance with this Order, including any failure to transfer any assets as required by this Order: A. Within 14 days of receipt of a written request from a representative of a Plaintiff. each Settling Defendant must: submit additional compliance reports or other requested information, which must be sworn under penalty of perjury; appear for depositions; and produce documents for inspection and copying. Each Plaintiff is also authorized to obtain discovery, without further leave of court, using any of the procedures prescribed by Federal Rules of Civil Procedure 29, 30 (including telephonic depositions), 31, 33, 34, 36, 45, and 69. B. For matters concerning this Order, each Plaintiff is authorized to communicate directly with each Settling Defendant. Settling Defendants must permit representatives of the Plaintiffs to interview any employee or other person affiliated with any Settling Defendant who has agreed to such an interview. The person interviewed may have counsel present. C. Plaintiffs may use all other lawful means, including posing, through its representatives as consumers, suppliers, or other individuals or entities, to Settling Defendants or any individual or entity affiliated with Settling Defendants, without the necessity of identification or prior notice. 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.

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D. Upon written request from a representative of a Plaintiff, any consumer reporting agency must furnish consumer reports concerning Individual Settling Defendants, pursuant to Section 604(1) of the Fair Credit Reporting Act, 15 U.S.C. §1681b(a)(1). XV. RETENTION OF JURISDICTION IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for purposes of construction, modification, and enforcement of this Order. SO ORDERED this ____ day of , 2023.

UNITED STATES DISTRICT JUDGE OAWW 2 ba Ee I ee Pee oe et oe NO ere IN SO STIPULATED AND AGREED: FOR PLAINTIFES: FOR THE FEDERAL TRADE COMMISSION:

Dated: 8/21/23 ARAL ANGELEQUE P. LINVILLE [email protected]; (404) 656-1354 VALERIE M. VERDUCE [email protected]: (404) 656-1355 Federal Trade Commission 225 Peachtree Street, Suite 1500 Atlanta, GA 30303 Facsimile: (404) 656-1379 Attorneys for Plaintiff FEDERAL TRADE COMMISSION NAYS Oe ONIONS YI et YS Se art ell SPN ON Ge oe “aw. ——_— WV ee SY

FOR THE PEOPLE OF THE STATE OF CALIFORNIA:

Dated; August 18, 2023 RoB BONTA Attorney General, State of California NICKLAS A. AKERS Senior Assistant Attorney General Deby C. Foloudui EMILY KALANITHI (NY 4191805) Supervising Deputy Attorney General emily [email protected]; (415) 510-3468 JON F. WORM (admitied pro hac vice) Supervising Deputy Attorney General jon. [email protected]; (619) 738-9325 ADELINA ACUNA (adniitted pro hac vice) Deputy Attorney General [email protected]; (415) 510-3752 TIMOTHY E. SULLIVAN (admitted pro hac vice) Deputy Attorney General [email protected]; (510) 879-0987 CAROLINE E. WILSON (adniitied pro hac vice) Deputy Attorney General callie. [email protected]: (415) 229-0106

California Department of Justice Office of the Attorney General 455 Golden Gate Ave., 11" FI. San Francisco, CA 94102 Attorneys for Plaintiff PEOPLE OF THE STATE OF CALIFORNIA et Ae er oe OO Ee ENS Ne ee ——_—S tere TT ee NRE ees NE Ee, a

FOR THE STATE OF COLORADO:

Dated: |2og 3 PHILIP J. WEISER ‘ Attorney General State lorado

A M. IEb-fadmitted pro hac Vi Firet“Assistant Attorney General Abigail. Hinchcliffcoag.gov; (720) 508-6000 BRADY J. GRASSMEYER (admitted pro hac vice) Assistant Attorney General Brady [email protected]; (720) 508-6000 1300 Broadway, 10" Floor Denver, CO 80203 Attorneys for Plaintiff STATE OF COLORADO SS eS ere eee Ss lUlU ee OO eS eae hl eee eee UlULhlhlUlLeeee Oe ae

FOR THE STATE OF FLORIDA: pated: IF 1a3 ASHLEY MOODY Attorney General, State of Florida

RYANN FLACK (admitted pro hac vice) Miami Bureau Chief [email protected]; (786) 792-6249 MILES VAUGHN (admitted pro hac vice) Assistant Attorney General Miles. [email protected]; (813)287-7257 Office of the Attorney General Consumer Protection Division SunTrust International Center 1 S.E. 3% Avenue, Suite 900 Miami, FL 33131 Attorneys for Plaintiff STATE OF FLORIDA Ne VA ee ete Oe Be I TO ON eee at ee ele ESE Be TN ee ee el ‘ oe NF ee

FOR THE PEOPLE OF THE STATE OF ILLINOIS:

pated: GS Ie-AD THE PEOPLE OF THE STATE OF ILLINOIS, by KWAME RAOUL, ATTORNEY GENERAL OF ILLINOIS Casandia tlm CASSANDRA HALM (admitted pro hac vice) Assistant Attorney Genera! Cassandra. [email protected]; (217) 725-9591 ELIZABETH BLACKSTON (admitted pro hac vice) Bureau Chief Elizabeth.Blackston@ilag. gov; (217) 725-8649 Office of the Illinois Attorney General 500 South Second Street Springfield, IL 62701 Attorneys for Plaintiff PEOPLE OF THE STATE OF ILLINOIS

FOR THE COMMONWEALTH OF MASSACHUSETTS:

Dated: fur ANDREA JOY CAMPBELL Attorney General Commonwealth of Massachusetts

4 ie £ . so tert Mychii Snape (MS1544)" Assistant Attorney General [email protected]; (617) 727-2200 Consumer Protection Division Office of the Attorney General One Ashburton Place, 18" Floor Boston, MA 02108 Attorney for Plaintiff COMMONWEALTH OF MASSACHUSETTS

FOR THE PEOPLE OF THE STATE OF NEW YORK:

Dated: __ 8/21/23 LETITIA JAMES Attorney General of the State of New York

MELVIN L. GOLDBERG A Assistant Attorney General Melvin Goldberg @ay ny gov; (212) 416-8296 Christian Reigstad Assistant Attorney General Christian Reigstad@ag ny gov; (212) 416-8321 28 Liberty Street New York, New York 10005 Facsimile: 212-416-6003

Attomey for Plaintiff PEOPLE OF THE STATE OF NEW YORK and JANE M. AZIA Bureau Chief Consumer Frauds and Protection Bureau LAURA J. LEVINE Deputy Bureau Chief Bureau of Consumer Frauds and Protection Of Counsel for Plaintiff PEOPLE OF THE STATE OF NEW YORK I II IIR IIR IR NEO EE me

FOR DEFENDANTS ROOMSTER CORP., JOHN SHRIBER, AND ROMAN ZAKS:

Aitate ; a GREENBERG TRAURIG, LLP Jennifer A. Surprenant Sarah E. Atlas One Vanderbilt Avenue New York, NY 10017 Tel: (212) 801-9200 Fax: (212) 801-6400 SurprenantJic etlaw.com [email protected] Andrew G. Berg 2101 L Street. N.W. Suite 1000 Washington, DC 20037 Tel: (202) 331-3181 [email protected] Gary E. Snyder Terminus 200 3333 Piedmont Road NE Suite 2500 Atlanta, GA 30305 Tel: (678) 553-2121 [email protected]

DEFENDANTS:

Date: JOHN SHRIBER, INDIVIDUALLY AND AS AN OFFICER OF ROOMSTER CORP.

Date: ROMAN ZAKS, INDIVIDUALLY AND AS AN OFFICER OF ROOMSTER CORP.

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FOR DEFENDANTS ROOMSTER CORP., JOHN SHRIBER, AND ROMAN ZAKS:

GREENBERG TRAURIG, LLP Jennifer A. Surprenant Sarah E. Atlas One Vanderbilt Avenue New York, NY 10017 Tel: (212) 801-9200 Fax: (212) 801-6400 [email protected] Andrew G. Berg 2101 L Street, N.W. Suite 1000 Washington, DC 20037 Tel: (202) 331-3181 [email protected] Gary E. Snyder Terminus 200 3333 Piedmont Road NE Suite 2500 Atlanta, GA 30305 Tel: (678) 553-2121 [email protected]

DEFENDANTS: L. Ade f Date: 26/21/2023 JOHN SHIBER, INDIVIDUALLY AND AS AN OFFICER OF ROOMSTER CORP.

2a ee Date; ROMAN ZAKS, INDIVIDUALLY AND AS AN OFFICER OF ROOMSTER CORP.

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FOR DEFENDANTS ROOMSTER CORP., JOHN SHRIBER, AND ROMAN ZAKS:

GREENBERG TRAURIG, LLP Jennifer A. Surprenant Sarah E. Atlas One Vanderbilt Avenue New York. NY 10017 Tel: (212) 801-9200 Fax: (212) 801-6400 SurprenantJ gtlaw.com [email protected] Andrew G. Berg 2101 L Street, N.W. Suite 1000 Washington, DC 20037 Tel: (202) 331-3181 berga@etlaw .com Gary E. Snyder Terminus 200 3333 Piedmont Road NE Suite 2500 Atlanta, GA 30305 Tel: (678) 553-2121 [email protected]

DEFENDANTS:

eee eee Date: JOHN SHRIBER, INDIVIDUALLY AND AS AN OFFICER OF ROOMSTER CORP. Kou = Date: 96/71/2023 ROMAN ZAkKS-RYBt LLY AND AS AN OFFICER OF ROOMSTER CORP.

FOR DEFENDANTS ROOMSTER CORP., JOHN SHRIBER, AND ROMAN ZAKS:

GREENBERG TRAURIG, LLP Jennifer A. Surprenant Sarah E. Atlas One Vanderbilt Avenue New York, NY 10017 Tel: (212) 801-9200 Fax: (212) 801-6400 [email protected] [email protected] Andrew G. Berg 2101 L Street, N.W. Suite 1000 Washington, DC 20037 Tel: (202) 331-3181 [email protected] Gary E. Snyder Terminus 200 3333 Piedmont Road NE Suite 2500 Atlanta, GA 30305 Tel: (678) 553-2121 [email protected]

DEFENDANTS: serene ee Date: —iss—s—CS JOHN SHRIBER, INDIVIDUALLY AND AS AN OFFICER OF ROOMSTER CORP.

Date: @6/21/2023 ROMAN hove R ALLY /} AND AS AN OFFICER OF ROOMSTER CORP. ag b 1A 25