Ok, this will be a unique issue... But I want some opinions on the phrasing of this enjunction clause. Basic scenerio. Fraudulent Company A gets people to give them their name & information in regards to a purchase. They then sold, transferred, leased, rented, or otherwise provided that information to unauthorized third parties without the knowledge and/or consent of the consumer. Now... Here is where it gets FUNNNNN!!! Buyer B obtains the information from FCA and opens an account in the consumers name through FCA, when BB is unable to debit the payment information provided to it by FCA, it eventually transferred, sold or assigned the account to CA C. CA C reports or reported to the three CRAs. Now... To the legalese... "It is further ordered that the defendants, and those persons in active concert or participation with them who receive actual notice of this Final Order by personal service or otherwise, are permanately restrained and enjoined from, directly or indirectly, selling, renting, leasing, transferring, or otherwise disclosing the name, address, telephone number, facsimile number, credit or debit card number, bank account number, e-mail address, or other identifying information of any person who paid any money to the defendants, at any time prior to the entry of this Final Order..." Now, here is the part that worries me... It appears as if this clause basically has a blanket poison fruit clause. Now, the part that worries me is that since the CRAs received the information from CA C who received the information from BB, who received the information from FCA; technically the CRAs could be restrained and enjoined from providing EVERYTHING regarding the consumers file; if the consumer provides to them a copy of the final order to support a dispute based on fraud. It seems to be way too vaguely worded (although due to the nature of the fraud, it may not have been able to have been any more tightly worded) to cover all parties who received any information from any party who directly or indirectly received any information from FCA.
