~/

Size: px

Start display at page:

Download "~/"

Ellen O’Brien’
5 years ago
Views:

1 OFFICE OF THE ATTORNEY GENERAL STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS IN THE MATTER OF: Timeshare Register Group, LLC d/b/a Timeshare Registry International, and Christopher J. Mazzone, an Individual, AG # L Respondents ~/ ASSURANCE OF VOLUNTARY COMPLIANCE PURSUANT to the provisions of Chapter 501, Part II, Florida Statutes, the Florida Deceptive and Unfair Trade Practices Act, the OFFICE OF THE ATTORNEY GENERAL, STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS (hereinafter referred to as the "Department") caused an investigation to be made into certain business practices of TIMESHARE REGISTER GROUP, LLC d/b/a TIMESHARE REGISTRY INTERNATIONAL (hereinafter referred to as "TRG"), and CHRISTOPHER J. MAZZONE, an Individual (hereinafter collectively referred to as "Respondents"), doing business in the State of Florida and assigned FEIIEIN Number , and whose principal place of business was located at 2672 Bayshore Boulevard, Dunedin, Florida, of 7-

2 IT APPEARS THAT Respondents are prepared to enter into this Assurance of Voluntary Compliance (hereinafter referred to as "AVC") for purposes of resolution of this matter only, and without any admission that Respondents have violated the law, and the Department, by and through the undersigned Director of Economic Crimes and Assistant Attorney General, being in agreement, does accept this AVC in termination of this investigation, pursuant to (6), Florida Statutes, and by virtue of the authority vested in the Office of the Attorney General by said statute. I. STIPULATED FACTS 1.1 Respondent Christopher J. Mazzone was Manager of Respondent TRG, a Florida corporation. 1.2 Respondent TRG engaged in timeshare resale advertising at internet address and at which websites are no longer operational. 1.3 Respondent TRG was licensed as a Commercial Telephone Seller (#TC3198) by the Department of Agriculture and Consumer Services. Its telemarketing license expired in May, Respondents made solicited telemarketing calls to consumers who own timeshares and offered to advertise their timeshares for resale or for rent through Respondents website for an up-front fee. 1.5 The Department received complaints from consumers who alleged, among other things, that Respondents misrepresented the actual services to be provided, promised quick sales or rentals of the complainants' timeshares or that the Respondents stated that Respondents had a buyer or renter already identified for the complainants' timeshares. However, these consumers - 2 of7-

3 maintain that once the fee was paid to Respondents and the advertisement ran, no renter or purchaser came forward. 1.6 On April 21, 2008, TRG registered Timeshare Registry International as a fictitious name, was assigned Registration Number G , and is shown as being in active status, with an expiration date ofdecember 31, Neither TRG nor Christopher J. Mazzone are currently soliciting timeshare resale clients. 1.8 This A VC is based upon the stipulated facts set forth in Paragraphs 1.1 through 1.7 above, without any admission or finding of liability on the part of Respondents. 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 A VC not be complied with in full. II. DEFINITIONS 2.1 "Customer" means a person to whom Respondents offer services or goods for a cost. 2.2 "Represent" or "Misrepresent" means to state, or to imply through statements, questions, conduct, graphics, symbols, lettering, formats, devices, language, documents, messages, or through any other manner or means by which meaning might be conveyed. For purposes of the AVC, this definition applies to other forms of the word "Represent," including without limitation "Representation." III. COMPLIANCE 3.1 Respondents are on notice of and shall comply with Chapter 501, Part II, Florida Statutes, the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part IV, Florida - 3 of7-

4 Statutes, the Florida Telemarketing Act., , Florida Statutes, and 16 C.P.R. 310, the Federal Trade Commission's Telemarketing Sales Rule, and the Vacation and Timeshare Plans Law, (9)(a), Florida Statutes. 3.2 For a period of four (4) years after executing this AVC, Respondent Christopher J. Mazzone shall cease conducting any business relating to marketing, advertising, promoting, offering for sale, selling, or providing of any timeshare or timeshare resale-related product or service within the state of Florida. Respondents have voluntarily ceased business operations relating to marketing, advertising, promotion, offering for sale, sale or provision of any timeshare or timeshare resale products or services and specifically agree to refrain from conducting such business. IV. STIPULATED PAYMENT 4.1 Respondents TIMESHARE REGISTER GROUP, LLC d/b/a TIMESHARE REGISTRY INTERNATIONAL, and CHRISTOPHER J. MAZZONE, an Individual, jointly and severally, shall pay the Attorney General's investigative and attorney's fees and costs of this matter and the costs associated with on-going and future enforcement initiatives pursuant to Chapter 501, Part II, Florida Statutes, in the amount of FIFTY THOUSAND DOLLARS ($50,000.00). In consideration of Respondents' agreement herein, their representations, and the financial affidavits supplied, upon which the Attorney General relied in negotiating and agreeing to this AVC, the Attorney General agrees to suspend the collection offifty THOUSAND DOLLARS ($50,000.00), provided that Respondents do not violate any material provision of the AVC. If Defendants violate any material provision of the AVC, the FIFTY THOUSAND DOLLARS ($50,000.00) shall become immediately due and owing. -4 of7-

5 4.2 Payments made under this section shall be made by certified funds payable to "The Department of Legal Affairs Revolving Trust Fund" at the time this A VC is executed. Payment shall be delivered to Robert Follis, Assistant Attorney General, 3507 East Frontage Road, Suite 325, Tampa, Florida, This payment amount shall be deposited in the Department of Legal Affairs' Revolving Trust Fund, in accordance with Florida Statute (1). Time is of the essence in all payments pursuant to this agreement. V. FUTURE VIOLATIONS 5.1 IT IS HEREBY AGREED by the parties that any subsequent failure to comply with the provisions of this AVC is by statute prima facie evidence of a violation of Chapter 501, Part II, Florida Statutes, and will subject Respondents to any and all civil penalties and sanctions authorized by law, including attorney's fees and costs. VI. ACCEPTANCE 6.1 IT IS HEREBY AGREED by the parties that this AVC shall become effective upon its acceptance by the Department, who may refuse to accept it at its discretion. The receipt of or deposit by the Department of any monies pursuant to this A VC does not constitute acceptance by said Department, and monies received will be returned if this A VC is not accepted. IN WITNESS WHEREOF, Respondents have caused this AVC to be executed by an authorized representative, as well as by the Individual Respondent, as a true act and deed, in the County and State listed below, as of the date affixed thereon. BY MY SIGNATURE I hereby affirm that I am acting in my capacity and within my authority as a corporate officer of Respondents' business, and that by my signature I am binding Respondents' business to the terms and conditions of this AVC. - 5 of7-

6 STATE OF FLORIDA COUNTYOF ~4J BEFORE ME, an officer duly authorized to take acknowledgments in the State of Florida, personally appeared Christopher J. Mazzone, as Manager of Timeshare Register Group, LLC d/b/a Timeshare Registry International, and acknowledged before me that he executed the foregoing instrument for the purposes therein stated, on this 30 ~y of ~, Type of identification produced: Florida driver license# OR- Personally known f>~ ~[h.., (check one) Sworn to and subscribed before me this _Sbday of ~~, C1!~~4brn- BY MY SIGNATURE I hereby affirm that I am acting in my individual capacity, and that by my signature I am binding myself to the rms and conditions of this AVC. - 6 of7-

7 STATE OF FLORIDA COUNTYOF ~ BEFORE ME, an officer duly authorized to take acknowledgments in the State of Florida, personally appeared Christopher J. Mazzone, who acknowledged before me that he t~ GLut executed the foregoing instrument for the purposes therein stated, on this?:ij day of ~INJ)--, Sworn to and subscribed before me this~ day of ~, Type of identification produced: Florida driver license # - OR - Personally known ~~-1 ~ (checkone) tf,. [NOTARIAL SEAL] rj;-rwarm ~" =-J= Notary Public FOR THE OFFICE OF THE ATTORNEY Assistant Attorney G -=w;-..+ Florida Bar # Concourse Center IV 3507 E. Frontage Rd., Ste. 325 Tampa, Florida Telephone (813) Facsimile (813) Robert.F ollis@myfloridalegal. com Deputy Attorney General Director of Economic Crimes OFFICE OF THE ATTORNEY GENERAL Department of Legal Affairs The Capitol Tallahassee, FL Accepted this 1 day of --+a...,c.-+-c,..--+f-= ~'~1? of7-

OFFICE OF THE ATTORNEY GENERAL STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS

OFFICE OF THE ATTORNEY GENERAL STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS IN THE MATTER OF: LOS-3-1186 Worldwide Destination Services, Inc., a Florida corporation, and Don Ferlita, an Individual, Respondents.