Loan providers Engaged in a typical Enterprise
“Entities constitute a typical enterprise whenever they display either straight or horizontal commonality—qualities which may be demonstrated by way of a showing of strongly interdependent financial passions or even the pooling of assets and profits.” F.T.C. v. System Servs. Depot, Inc., 617 F.3d 1127, 1142-43 (9th Cir. 2010). In determining whether a typical enterprise exists, courts may give consideration to such facets as whether or not the businesses had been under common ownership and control; whether or not they pooled resources and staff; if they shared telephone numbers, workers, and e-mail systems; and whether or not they jointly took part in a “common venture” by which they benefited from the provided company scheme or referred clients one to the other. Id. at 1243.
The FTC points out that “the Tucker Corporate Defendants, wholly owned and controlled by Scott Tucker and Blaine Tucker, shared office space with each other and shared employees with AMG.” (Mot in support of its claim that the Tucker Defendants engaged in a common enterprise.
