Epixtar Holds Annual Shareholder's Meeting

Monday, November 24, 2003 - 12:28 pm ET

Company Elects Board and Announces Agreement with the Federal Trade Commission

MIAMI - (BUSINESS WIRE) - Nov. 24, 2003 - Epixtar Corp. (OTCBB:EPXR - News) announced today that it held its annual meeting of shareholders on Friday, 21 November. The meeting resulted in the election of the Board of Directors as well as an update on the Company's status with respect to an FTC action.

The shareholders elected the following directors: Martin Miller, David Srour, Irving Greenman, William Rhodes, David Berman, John W. Cooney, and Kenneth Elan. Martin Miller, the chairman of the board, announced that Epixtar has entered into a stipulated preliminary injunction with the Federal Trade Commission allowing the Company to resume normal operations. The Company has agreed to enact certain controls and disclosures, which permit the immediate resumption of normal operations.

The Company vigorously denies all material allegations listed in the complaint and the stipulated preliminary injunction expressly provides that it "shall not be interpreted to constitute an admission by the Defendants that they have engaged in violations of any law or regulations, including the Federal Trade Commission Act". Further, a spokesman for the Company stated, "Neither the agreement nor the initial action relates in any way to the national do-not-call registry."

The injunction removes the current asset freeze and returns operational control of the Company back to management. The Company and the FTC have agreed to the placement of a court-appointed interim monitor with auditing and compliance powers over the Company's ISP activities and their future sales and marketing practices. The agreement provides for the immediate discharge of a temporary receiver.

The Company has agreed to establish an escrow account to provide, among other reasons, additional reserves for refunds and adjustments in the event that a customer "reasonably claims to have been billed without authorizing the service or without having been informed that they would be billed unless they contacted the company to cancel". As of September 30, 2003, the Company's reserve balances at LEC's and billing companies was over $6.3 million.

Martin Miller, chairman and CEO of Epixtar, said, "I am very pleased to announce the preliminary injunction, which allows our organization to continue operations while we work to resolve the entire litigation as smoothly and as rapidly as possible."

About Epixtar Corp.
Epixtar is a provider of marketing services - aggregating contact center capacity and robust infrastructure to deliver comprehensive, turnkey solutions. From campaign design through ongoing management, Epixtar delivers value-driven, creative solutions for telesales initiatives. Epixtar combines global capacity with innovative performance-based compensation and proven methodology to deliver highly successful marketing campaigns. Leading companies use Epixtar's marketing expertise and contact center capacity to acquire, support, and enhance the customer experience, reduce costs and generate top-line revenue. Based in Miami, Florida, Epixtar conducts operations in India, the Philippines, and the Caribbean.

Safe Harbor Statement
This release contains statements about expected future events and financial results that are forward looking. These statements are based on our estimates and assumptions and are subject to risks and uncertainties. Actual results could be affected by a downturn in the economy, new competitive products, slower rate of growth in member base, higher than anticipated cancellations, unforeseen expenses, or technical failure related to self generating web site development or inability to scale server capacity to meet demand. Forward-looking statements include the information concerning our possible or assumed future results of operations. Forward-looking statements also include those preceded or followed by the words: "anticipates," "believes," "estimates," "hopes" or similar expressions. For those statements, we claim the protection of the safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995.

Contact
Epixtar Corp., Miami
Harry B. Fozzard
hfozzard@epixtar.com

Source
EPIXTAR CORP.

 

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