STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS ASSURANCE OF VOLUNTARY COMPLIANCE

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1 ... l STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS In the Matter of: Debt Settlement USA, Inc. AG Case Numbers: LI Respondent ASSURANCE OF VOLUNTARY COMPLIANCE PURSUANT TO Chapter 501, Part II, "The Florida Deceptive and Unfair Trade Practices Act", Florida Statutes (2010), the STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS (hereafter the "Department") has investigated certain acts and practices of Debt Settlement USA, Inc. (hereinafter the "Respondent".) Respondent enters into this Assurance of Voluntary Compliance (hereafter the "A VC") with the Department without an admission of wrongdoing and for the purpose of resolving this matter. Pursuant to Section (6), Florida Statutes (2010), the Department accepts this AVC in termination of its investigation as full and complete settlement with Respondent into certain acts and practices of Respondent related its business practices pertaining to debt relief services. 1. STIPULATED FACTS I. I Respondent is an Arizona corporation with its principal place of business located at North Scottsdale Road, Scottsdale, AZ The Department alleges that the Respondent engages in the business of consumer debt relief services (the "Services"). Respondent advertises on its website that it has developed Page 1 of7 ~

2 relationships with creditors so that Respondent is able to negotiate favorable reductions in a customer's debt. The Department alleges that the Respondent charged Florida consumers upfront fees that varied based on the amount of each consumer's debt. The Department alleges that the Respondent advised each consumer to save a certain amount of funds that would then be used to negotiate a reduction, and fund the payment, of the consumer's debt. The Department alleges that the Respondent withdrew monthly fees directly from the consumer's bank account based on a written authorization which it obtained from the consumer. The Respondent denies all the allegations of the Department. 1.3 The Department alleges that is has received various complaints from Florida consumers regarding the Services of Respondent. 1.4 Respondent represents to the Department that it has not originated any new Florida clients since February JURISDICTION AND VENUE 2.1 The parties agree that the State of Florida has jurisdiction over Respondent for the purposes of entering into this AVC and any enforcement actions arising out of this AVC. 2.2 It is further agreed by the parties that venue for any matter relating to or arising out of this AVC shal! lie solely in Orange County, Florida. 3. COMPLIANCE TERMS 3.1 Respondent shall not violate any applicable law, rule, and/or regulation, including, but not limited to, the following: (a) The Florida Deceptive and Unfair Trade Practices Act as contained in Chapter 501, Part II, Florida Statutes (2010); (b) Florida's Credit Counseling Services statute as contained in Chapter 817, Page 2 of7 ~

3 .. Part IV, Florida Statutes (2010); (c) The Telemarketing and Consumer Fraud and Abuse Prevention Act as contained in 15 U.S.C. Sections (2010) (the "Act") and rules implementing the Act as contained in the "Telemarketing Sales Rule", Title 16 C.F.R, Part 310 (201 O); (d) All Federal Trade Commission rules and regulations regarding or relating to advertising; (e) Section , Florida Statutes (2010), Misleading Advertising. 3.2 Respondent shall not originate or accept any new Florida clients for "debt relief services" as that term is defined in Section 310.2(m) of the "Telemarketing Sales Rule", Title 16 C.F.R, Part 310 (2010). 4. MONETARY TERMS 4.1 On or before June >, 2011, Respondent shall pay the total sum of Eleven Thousand Eight Hundred Ninety Two and No/100 Dollars ($11,842.00) to those consumers and in the amounts listed on the attached Exhibit "A" hereto as full and final restitution in this matter. Respondent shall provide to the Department an affidavit in a form acceptable to the Department attesting to the refunds in compliance with this AVC within forty-five (45) days of mailing. 4.2 Upon acceptance of this Agreement by the Department, Respondent shall pay to the Department the total sum of Fifteen Thousand and No/100 Dollars ($15,000.00) for investigative costs, attorneys' fees and future monitoring hereunder. Payment shall be made by certified or cashier's check payable to the Department of Legal Affairs Revolving Trust Fund and shall be sent to Robert G. Clements, Assistant Attorney General, 135 West Central Blvd, Suite 1000, Orlando, FL Page 3 of7 ~

4 In the event that Respondent fails to timely pay any of the above amounts, Respondent shall be in default of this A VC and Respondent stipulates to entry of a final judgment in favor of the Department for the outstanding amounts identified herein as due. 4.3 Respondent acknowledges and agrees that any failure to comply with the terms and conditions of this A VC is by statute prima facia evidence of a violation of Chapter 501, Part II, Florida Statutes (2010), and may subject Respondent to any and all civil penalties and sanctions provided by law, including awarding of attorneys' fees and costs. 5. EFFECTIVE UPON ACCEPTANCE 5.1 The Department's Director of Economic Crimes may refuse to accept this AV C at his or her discretion, and the AVC shall only become effective upon its acceptance and signing by the Director. 5.2 This AVC may be signed in multiple counterparts, each of which shall be considered an original, and all of which together will constitute one and the same agreement. 6. BUSINESS RECORDS 5.1 In connection with the Department's future monitoring of Respondent, Respondent agrees to retain documents and other information reasonably sufficient to establish compliance with the provisions herein, and shall provide the Department reasonable access to such documents and information upon request for a period of six (6) months from the date this A VC is accepted by The Department of Legal Affairs. 7. CONSTRUCTION OF A VC 7. I This A VC is the result of joint negotiations between the parties and shall be deemed to have been drafted by both the Department and the Respondent In the event of a dispute, this A VC shall not be construed against either party. Page 4 of7 ~

5 7.2 Respondent shall in no way represent that the Department has approved any of the Respondent's business practices, and shall not use the existence of this AVC to in any way imply such approval. 8. APPLICABILITY 8.1 This A VC shall apply to and continuously bind Respondent and its affiliated entities, successors, assigns and each of its officers, directors, agents, servants, employees, and attorneys, whether acting directly or through any corporation, subsidiary, division, or other entity. 9. CHANGES IN LAW OR BUSINESS PRACTICES 9.1 It is further agreed by the parties that if any statutes change due to amendment, repeal, or disposition by the legislature, an agency, or court so that they would permit any action prohibited by any section of this AVC, that section of this AVC shall no longer have any force or effect. 9.2 If any clause, provision, or section of the AVC shall, for any reason, be held illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect any other clause, provision, or section of this AVC, and this AVC shall be construed and enforced as if such illegal, invalid, or unenforceable clause, section, or other provision had not been contained herein. 10. DISMISSAL OF ACTION 10.l Upon execution of this A VC by all parties, the Respondent shall file a Notice of Voluntary Dismissal with prejudice in Debt Settlement USA v. State of Florida, Office of the Attorney General, Department of Legal Affairs, Orange County Circuit Court, Orange County, Page 5 of7

6 ... Florida, Case number CA007981A0010X, with each side bearing its own attorney fees and costs. IN WI1NESS WHEREOF, Respondent has caused this AVC to be executed by an authorized representative in the County and State listed below, as of the date affixed thereon. Debt Settlement USA, Inc. STA TE OF /tri7&rlt COUNTYOFAf ~ By: ~, _4" 1ts: V(Cb- P~1 Af Date: l'j A- y /I, 2011 A BEFORE ME, an officer duly authorized to take acknowledgments in the State of n -z,b l~tt, personally appeared -0,,c/ 8{!t!A.~C, as /)i t?- Pf7's,~ of Debt Settlement USA, Inc., Aie acknowledged before me that he executed the foregoing instrument for the purposes thlrein stated, on this _Jl_ day of I'()~~ / I, Sworn to and subscribed before me this { I day of yy) P<Y\ 11, N~ (print, type or stamp commissioned name of Notary Public) Personally known /or Produced identification (check one) Type of Identification Produced: Page 6 of7 &r

7 istant Attorney General 0 ice of the Attorney General D artment of Legal Affairs 135 West Central Blvd., Suite 1000 Orlando, Florida (407) phone, (407) Fax ;S/. -- Accepted this /- day of J ~"1e '2011. /[L~,.-~ Al.~!?. t,..,.., Director of Economic Crimes Office of the Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida Page 7 of7

STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS ASSURANCE OF VO LUNT ARY COMPLIANCE

STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS In the Matter of: Amerigas Propane, Limited Partnership AG Case Numbers: LI0-3-1003 Respondent ASSURANCE OF VO LUNT ARY COMPLIANCE