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1 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROW ARD COUNTY, FLORIDA OFFICE OF me ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA, Plaintiff, Case No (8) vs. HOLLYWOOD AUTO GALLERY, INC., a Florida corporation d/b/a ULTIMA TECARDEAL.COM and dfb/a CASHONLYAUTO.COM and dfb/a CHEAPESTCARSINFLORIDA.COM and ZACHARY S. KESSLER, individually, Defendants ~/ AGREED FINAL CONSENT IDDGMENT Plaintiff, OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA (hereinafter referred to as the "Department") and HOLLYWOOD AUTO GALLERY, INC., a Florida Corporation d/b/a ULTIMATECARDEAL.COM and d/b/a CASHONLYAUTO.COM and d/b/a CHEAPESTCARSINFLORIDA.COM and ZACHARY S. KESSLER, individually, (hereinafter collectively referred to as "Defendants") are willing to enter into this Agreed Final Consent Judgment ("Judgment") without any admission that Defendants have violated the law and for the purpose of settlement in this matter only. Defendants admit the jurisdiction. of the Court and consent to the entry of this Judgment. The Patties, having agreed to the entry of this ~ Ini~

2 . ' Judgment, further agree and stipulate to the following: I. Plaintiff Office of the Attorney General, Department of Legal Affairs, State of Florida (the "Department") is an agency of the state and the enforcing authority under the Florida Deceptive and Unfair Trade Practices Act, Florida Statutes Section et seq. 2. Defendant Hollywood Auto Gallery, Inc. ("HAG") is an inactive Florida corporation with a business address of 160 W. Camino Real, Boca Raton, Florida Defendant Zachary Kessler ("Kessler") is an individual whose address is 160 W. Camino Real, #244, Boca Raton, FL Defendants were in the business of selling used motor vehicles to the public. 5. Kessler acted as the day-to-day manager and president of HAG throughout the relevant time frame. Kessler has been the primary participant and actively controlled and directed the business and operations of HAG. 6. The purpose of FDUPT A is to "protect the consuming public and legitimate business enterprises from those who engage in unfair methods of competition, or unconscionable, deceptive, or unfair acts or practices in the conduct of any trade or commerce." Section (2). To that end, "reasonable restrictions upon the future activities of any defendant to impede her or him [sic] from engaging in or establishing the same type of endeavor" are permitted by the Act, and courts may "order any defendant to divest herself or himself of any interest in any enterprise." Section (3). Prohibiting business activities is constitutional when the limitation is rationally related to the State's objective of preventing deceptive practices. Fraternal Order of Police v. Dept. of State, 392 So. 2d 1296, Initi~

3 , '' 7. Defendants make no admission that they engaged in any wrongdoing or committed any violation of Florida Statute 501, Part IL This Judgment contains neither findings of fact nor conclusions of law. 8. Defendants and the Department desire to resolve all issues arising during the course of this investigation. 9. This Judgment is based upon the stipulated facts set forth in Paragraphs 1-8 above. The Department shall not be estopped from taking further action in this matter should the facts described herein be shown to be incorrect in any material way or the Judgment not be complied with in full by Defendants. Therefore, it is ORDERED AND ADJUDGED as follows: MONETARY PROVISIONS 1. Final judgment is hereby entered in favor of the Office of the Attorney General, Department of Legal Affairs, State of Florida (the "Department") and against Defendants Hollywood Auto Gallery, Inc., 160 W. Camino Real, Boca Raton, Florida and Zachary Kessler, 160 W. Camino Real, Boca Raton, Florida in the amount of $194, and $10,000 in civil penalties for a total of$204, The monetary terms of this Judgment may be satisfied by Defendants making payment as follows: A total of twenty-four (24) monthly payments as twenty (23) payments of $ and a one (1) final monthly payment of$ The total amount to satisfy judgment is Seven Thousand dollars ($7,000.00) within 2 years. Time is of the essence as to each payment. Upon Defendants' timely payment of the $7,000, the Department shall file a Satisfaction of Judgment. 3 Initi~

4 3. The first payment is due on September 5, Each subsequent payment will be due on the 5th day of the calendar month by the close of business each day. The initial payment set forth above shall be delivered to Assistant Attorney General Theresa Therilus at the Office of the Attorney General, 110 S.E. 6 1 h Street, Tenth Floor, Ft. Lauderdale, Florida All payments shall be made by cashier's check or other certified funds, payable to the Department of Legal Affairs Revolving Trust Fund. 5. Any payment received after the loth of each month will constitute noncompliance with this Judgment and at the discretion of the Department, the entire amount of the Judgment will become due and payable, less any payments previously made pursuant to this Judgment. Any three (3) late or missed payments constitute automatic non-compliance with this Judgment rendering the entire amount of the Judgment due and payable. The acceptance of any late payment shall not constitute a waiver by the Department to assert non-compliance with this Judgment. 6. The satisfaction of monetary terms of this Judgment shall not affect, modify, suspend injunctive provisions nor shall any early satisfaction of monetary provisions relieve Defendants of their responsibility under the injunctive provisions of this Judgment. 7. Pursuant to the requirements of Florida Rule of Civ. Pro (b), Defendants shall complete under oath Florida Rule ofcivil Procedure Form (Fact Information Sheet), including all required attachments, and serve it on the Department's undersigned attorney within 45 days from the date of this final judgment, unless the final judgment is satisfied or postjudgment discovery is stayed. This Court retains jurisdiction to enter further orders that are 4

5 appropriate to compel Defendants to complete form L977, including all required attachments, and to serve it on the Department's attorney. INJUNCTIVE PROVISIONS 8. Defendant may obtain a wholesale motor vehicle dealer license. If he chooses to do so, he shall have full rights and privileges accompanying the wholesale motor vehicle dealer license as specified in Fla. Stat (1)(c)(3). 9. Defendants, directly or through any other person, corporation, subsidiary, division, entity, or other device, are hereby ENJOINED from: a. obtaining a motor vehicle dealer license in any form other than wholesale, as defined in Fla. Stat (1)(c)(3), for a period of three (3) years from the date of the entry of this Judgment. 10. Defendants, directly or through any other person, corporation, subsidiary, division, entity, or other device which is directly under Defendants' employ or control, are PERMANENTLY ENJOINED from: a. violating Fla. Stat. 501, Part II ("FDUTPA"); b. violating Fla. Stat , dealing with motor vehicle sales; c. Within three (3) years of execution of this Consent Judgment, seeking, applying for, or otherwise attempting to obtain a motor vehicle dealer license of any type other than the wholesale motor vehicle dealer license as previously specified; d. selling any motor vehicles to any motor vehicle dealers without first obtaining and properly maintaining the required wholesale motor vehicle dealer license 5

6 through the Florida Department of Highway Safety and Motor Vehicles pursuant to Fla. Stat ; e. misrepresenting warranty coverage or otherwise violating Fla. Stat ; f. Within three (3) years of execution of this Consent Judgment, Defendants shall not obtain an Automobile Warranty Sales Representative license; g. accepting non refundable deposits in violation of Fla. Stat (10); h. prohibiting any prospective purchaser from test driving a vehicle prior to finalizing a sale if the prospective purchaser wishes to do so; i. selling any motor vehicle without permitting the purchaser, if they choose to do so, to have a mechanic determine its roadworthiness, prior to the vehicle being purchased by purchaser, within the parameters of Fla. Stat (10). 11. Any failure to comply with the terms and conditions of this Judgment is by statute prima facie evidence of a violation of Chapter 501, Part II, Florida Statutes, and will subject Defendants to any and all civil penalties and sanctions authorized by law, including attorneys' fees and costs. 12. For a period of two (2) years from the date ofthis Judgment, Defendants shah not destroy, mutilate, conceal, alter, or dispose of Defendants' books, records, contracts, financial records, consumer files and financial information, regardless of the manner in which it is stored. At any point during the two (2) year retention period set forth herein, Defendants shall make any and all books and records available to the Department within three (3) business days of any reasonable request. 6 Initi~

7 13. Defendants shall be responsible for making the substantive terms and conditions of this Judgment known to all successors, agents and assigns, in the event any exist or are created. 14. This Judgment is continuing in nature and shall be binding on any and all successors and assigns ofdefendants. 15. This Judgment is not a waiver of any private rights of any person or release of any private rights, causes of action, or remedies of any person against Defendants or any other person or entity. 16. Notwithstanding any other provisions of this Judgment, nothing herein shall be construed to impair, compromise or affect any right of any government agency other than the Office of the Attorney General for the State of Florida. 17. Defendants shall not affect any change in the form of doing business or the organizational identity of any of the existing business entities or create any new business entities as a method of avoiding the terms and conditions set forth in this Judgment. 18. This Court retains jurisdiction of this case to enforce the terms of this Judgment and enter any further Orders as may be necessary to ensure compliance with this Judgment, including by contempt proceedings, civil and/or criminal 19. The Parties agree that the entry of this Judgment in the docket by the Court will constitute notice to them ofthe terms and conditions of said Judgment. 20. This document is signed in anticipation of this Judgment being submitted to the Court for approval, without necessity of hearing, which is hereby WAIVED by all parties. 7 In~

8 21. The signatures below indicate the parties' consent and agreement to this Judgment SIGNATURES AS FOLLOWS: 8

9 HOLLYWOOD AUTO GALLERY, INC. ZACHARY S. KESSLER tesster;tridlvidually and as authorized agent of Hollywood Auto Gallery, Inc. 160 W. Camino Real, Boca Raton, Florida STATE OF FLORIDA ) COUNTY OF BROWARD ) BEFORE ME, an officer duly authorized to take acknowledgments in the State of Florida, Zachary S. Kessler, personally appeared, individually, and as authorized agent of the designated entities. He acknowledged before me that he executed the foregoing instrument for the purposes therein stated on the _M day of Subscribed to 111~~ day of "~, (print, type, or stamp commissioned Notary Public) Personally kn'own or Produced Identification Type ofldentification Produced: fi_. M1~ 'f ~~F~A~~~~~~~M~~S~~ MY COMMISSION# DO 866t161 EXPIRES: March 5, 0013 Bonded Thru Notary Publlc ~ _ er (check one) 5)7/;;,_.,,7 Witnes~ed: 7 ~, / /~ <"? e By: l I ta i-. l L Marc E.ljrandes, Florida Bar No J 8851 Nt 29th A venue Suite 303 A ventura, FL Counsel for Defendants 9

10 OFFICE OF THE ATTORNEY GENERAL By:~~ Theresa Therilus, Florida Bar No Assistant Attorney General 110 S.E. 6th Street, 9th Floor Fort Lauderdale, FL (954) (Tel.) (954) (Fax) By: ~~ Samantha Scho South Florida Economic Crimes Division Department of Legal Affairs OFFICE OF THE ATTORNEY GENERAL 1515 North Flagler Drive West Palm Beach, FL (561) Dated: -~..!...L~--1...~ 1-=--~.f-.l-J _ SO ORDERED. Approved and Entered in Chambers in Broward County, Florida this day of, Judge Dale Ross By: ----~ ~ Circuit Court Judge SEP ATnleCopy