UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT PURSUANT
TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
Date of report (Date of earliest event reported): October 26, 2007
iMergent, Inc.
(Exact Name of Registrant as Specified in Its Charter)
Delaware
(State or Other Jurisdiction of Incorporation)
001-32277 87-0591719
(Commission File Number) (IRS Employer Identification No.)
754 East Technology Avenue
Orem, Utah 84097
(Address of Principal Executive Offices) (Zip Code)
(801) 227-0004
(Registrant's Telephone Number, Including Area Code)
N/A
(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
|_| Written communications pursuant to Rule 425 under the Securities Act (17
CFR 230.425)
|_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|_| Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
|_| Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
Item 8.01 Other Events
On October 26, 2007, iMergent, Inc. (the "Company") and the State of Louisiana
Ex Rel Charles F. Foti, Jr., Attorney General (the "State") entered into an
Assurance of Voluntary Compliance (the "Settlement"). The Settlement stemmed
from the February 8, 2007 notice the Company received in which the Louisiana
Consumer Protection Section stated it had reasons to believe the Company may
have engaged in unfair business practices.
In the Settlement, the Company agreed to make certain disclosures regarding the
software sold by the Company. The Company also agreed to make certain
disclosures related to sales representations made by the Company. There was no
requirement to register as a "business opportunity". The Company expressly
denied any wrongdoing. The Company agreed to make certain refunds and a payment
to the Louisiana Department of Justice Consumer Enforcement and Education Fund.
The total amount paid by the Company was $75,000. The Settlement does not
otherwise restrict the Company from doing business in Louisiana.
Except for the historical information contained in this report, the statements
made by the Company are forward-looking statements that involve risks and
uncertainties. All such statements are subject to the safe harbor created by the
Private Securities Litigation Reform Act of 1995. iMergent's performance could
differ significantly from the expectations of management and from results
expressed or implied including but not limited to (1) the expectations of the
Company that it is not a seller of "business opportunities" and (2) that the
disclosures agreed to by the Company will clarify its business practices. For
further information on other risk factors, please refer to the "Risk Factors"
contained in the Company's Form 10-K for the year ended June 30, 2007. The
information in Item 8.01 of this report is being furnished, not filed, pursuant
to Form 8-K. Accordingly, the information in this Item will not be incorporated
by reference into any registration statement filed by the Company under the
Securities Act of 1933, as amended, unless specifically identified therein as
being incorporated therein by reference.
Item 9.01 Financial Statements and Exhibits
(d) Exhibits
The following exhibit is furnished with this Current Report on Form 8-K:
Exhibit
Number Description
------- -----------
99.1 Press release dated October 29, 2007.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
IMERGENT, INC.
/s/ Robert Lewis
-----------------------------------------
By: Robert Lewis, Chief Financial Officer
Date: October 29, 2007