Consent Decree and Settlement Agreement With Affidavit of Confession of Judgment

The end of this case has finally happened.

What we have here are the settlement documents, which, significantly, are not sealed.

In the settlement, the Defendants agree in paragraph 1 not to send any commercial mail to Comcast at all unless they can prove affirmative consent granted to them by the Comcast subscriber. They also agree to not violate CAN-SPAM.

Paragraph 2 says that they also agree to maintain business records for three years proving that they have not violated the agreement.

Paragraph 3 allows David Linhardt to consult. That's a good thing for Mr. Linhardt, since it looks like he is already involved in doing that.

Paragraph 7 contains an odd provision that is a confession of judgment. It allows Comcast to go to court, and receive an immediate judgment against Linhardt without the need for notice or wait. As the Wikipedia article points out, these are controversial things, and I don't know what their status in the state of Illinois is (if someone knows, please leave a comment).

The Affidavit of Confession of Judgment finally lays out the monetary terms of the settlement. If the settlement is broken within the first five years, then Linhardt has to pay $250,000. If it occurs between years five and ten, then $20,000 per year (after the fifth year) are subtracted from the liquidated damages. And, finally, anything after year ten won't include the monetary damages portion of the judgment.

Attachment	Date	Size
CounterclaimSettlement.pdf	01/19/10 6:07 pm	3.53 MB