In their
lawsuit that alleges Digital Altitude was a $14 million dollar fraudulent business
, the FTC identified The Upside LLC as

a California company managed by Mary Dee and primarily used to open merchant accounts for credit card processing.

Mary Dee being one of Digital Altitude’s principals and also a named defendant in the suit.

Whereas Mary Dee is currently still fighting the case, on June 29th the FTC and The Upside LLC filed a Joint Application.

If approved, the application sees The Upside LLC consent to a permanent injunction and monetary judgement.

As per the agreed permanent injunction, The Upside LLC is prohibited from engaging in

credit card laundering

making false or misleading statements to obtain payment processing services and

engaging in any tactics to avoid fraud and risk monitoring programs

With respect to Digital Altitude’s goods and services, the injunction prohibits The Upside LLC from misrepresenting

consumers who purchase Digital Altitude goods or services will earn or are likely to earn substantial income

consumers who purchase Digital Altitude goods or services will receive business coaching that will provide what the consumers need to build a successful online business and

facts material to consumers, such as total costs and any refund policy

In effect The Upside LLC has admitted Digital Altitude’s representation that it provided a blueprint for consumers to earn substantial income and build a successful business were baloney.

Settling Defendant relinquishes dominion and all legal and equitable right, title, and interest in all assets transferred pursuant to this Order and may not seek the return of any assets.

The facts alleged in the Complaint will be taken as true, without further proof, in any subsequent civil litigation by or on behalf of the Commission.

The Upside LLC’s consented monetary judgment is $140,983.

Of which the FTC will unfortunately only recover around $1000 of from a Pacific Mercantile Bank account.

Upon the transfer listed … above, the remainder of the judgment is suspended.

The Commission’s agreement to the suspension of part of the judgment is expressly premised upon the truthfulness, accuracy, and completeness of Settling Defendant’s sworn financial statements and related documents (collectively, “financial representations”) submitted to the Commission, namely:

1. the Financial Statement of Settling Defendant signed by Gerard Joseph on February 27, 2018, including the attachments;

2. the declaration signed by Gerard Joseph on February 15, 2018;

3. the additional documentation submitted by email from Settling Defendant’s counsel David Michail to Commission counsel Laura Basford dated February 9, 2018, attaching bank statements and correspondence.

If any the information relied on is realized to be incorrect or incomplete, the full $140,983 judgment will be payable.

All in all as a defendant The Upside LLC isn’t of great significance. It was an entity Mary Dee used to dupe

🤖 Quick Answer

What legal action did the FTC and The Upside LLC jointly file on June 29th?
The FTC and The Upside LLC filed a Joint Application seeking court approval for The Upside LLC to consent to a permanent injunction and monetary judgment, resolving allegations that the California company facilitated credit card processing fraud as part of Digital Altitude's $14 million fraudulent operation.

What restrictions does the permanent injunction impose on The Upside LLC?
The permanent injunction prohibits The Upside LLC from engaging in credit card laundering, making false or misleading statements to obtain payment processing services, and employing tactics designed to circumvent fraud detection mechanisms and regulatory oversight requirements.

What was The Upside LLC's primary function within Digital Altitude's operations?
The Upside LLC, managed by Mary Dee, operated as a California-based entity primarily responsible for opening and maintaining merchant accounts for

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