STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS In the Matter of: AG Case Number: L08-3-1219 M&J LIFE MANAGEMENT, INC., MARIA RUIZ, an individual, and JAYSON RUIZ, an individual Respondents 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 M&J Life Management, Inc. ("M&J"), and its owners, Maria Ruiz and Jayson Ruiz (hereinafter collectively, the "Respondents"). Respondents enter 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 only. Pursuant to Section 501.207(6), Florida Statutes (2010), the Department accepts this AVC in termination of its investigation into certain acts and practices of Respondent related to debt relief services. 1. STIPULATED FACTS 1.1 Respondent, M&J, is an administratively dissolved Florida corporation which operated its business at 7200 Lake Ellenor Drive, Suite 252, Orlando, FL 32809. Respondent, M&J, is no longer in business. Respondents, Maria Ruiz and Jayson Ruiz, are husband and wife, Page 1 of7 m~. @
residents of Orange County, Florida, and were the sole owners of M&J. Maria Ruiz and Jayson Ruiz participated in, controlled, and had the authority to control M&J's acts and practices. 1.2 Respondent, M&J, engaged in the business of consumer debt relief services and working in cooperation with No Delay Enterprises, Inc. ("No Delay"). No Delay marketed and sold debt relief services to consumers. No Delay made unsolicited telephone calls to consumers and represented that it could negotiate with consumers' creditors to obtain favorable reductions in the consumers' debts. No Delay contracted directly with consumers. Once No Delay signed up a new customer, No Delay then had M&J perform the negotiations with creditors and other debt relief services. No Delay paid M&J for its services from the monies that it received from consumers. 1.3 Respondent, M&J, is no longer operating and has been administratively dissolved. Respondents, Marie Ruiz and Jayson Ruiz, represent to the Department that M&J is administratively dissolved and has no assets. Respondents, Maria Ruiz and Jayson Ruiz, also represent that they are no longer engaged in, directly or indirectly, the business of "debt relief services" 1.4 Respondents, Maria Ruiz and Jayson Ruiz, represent to the Department that they have read the definition of "debt relief services" as set forth in Section 310.2(m) of the "Telemarketing Sales Rule", Title 16 C.F.R, Part 310 (2010), and that they are familiar with the prohibition contained in the Telemarketing Sales Rule on the charging of up-front fees for debt settlement services. 2. JURISDICTION AND VENUE 2.1 The parties agree that the State of Florida has jurisdiction over Respondents for the purposes of entering into this A VC and any enforcement actions arising out ofthis A VC. Page 2 of7
2.2 It is further agreed by the parties that venue for any matter relating to or arising out of this AVC shall lie solely in Orange County, Florida. 3. COMPLIANCE TERMS 3.1 Respondents 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, Part IV, Florida Statutes (2010) (c) The Telemarketing and Consumer Fraud and Abuse Prevention Act as contained in 15 U.S.C. Sections 6101-6108 (2010) (the "Act") and rules implementing the Act as contained in the "Telemarketing Sales Rule", Title 16 C.F.R, Part 310 (2010). (d) All Federal Trade Commission rules and regulations regarding or relating to advertising. ( e) Section 817.41, Florida Statutes (2010), Misleading Advertising 3.2 Respondents, Maria Ruiz and Jayson Ruiz, shall not engage in, directly or indirectly, the business of "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), "commercial telephone solicitation", as that term is defined in Section 501.603(1), Florida Statutes (2010), or "telemarketing", as that term is defined in Section 310.2( dd) of the Telemarketing Sales Rule. 4. MONETARYTERMS 4.1 Upon execution of this A VC, Respondents shall pay to the Department the total sum of Two Thousand and No/100 Dollars ($2,000.00) for investigative costs, attorneys' fees Page 3 of? ~
and future monitoring. 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 32801. 4.2 In the event that Respondents fail to timely pay any of the above amounts, Respondents shall be in default of this A VC and Respondents stipulate to entry of a final judgment in favor of the Department for the outstanding amounts due. 4.2 All obligations and sums due under the terms of this AVC are the joint and several responsibility of each of the Respondents. 4.3 Respondents acknowledge and agree 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 Respondents 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 AVC at his or her discretion, and the A VC shall only become effective upon its acceptance and signing by the Director. 5.2 This A VC 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 6.1 In connection with the Department's future monitoring of Respondents, Respondents agree 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. Page 4 of7 ~
7. CONSTRUCTION OF AVC 7.1 This AV C is the result of negotiations between the parties and shall be deemed to have been drafted by the Department and the Respondents. In the event of a dispute, this AVC shall not be construed against either of parties. 7.2 Respondents shall in no way represent that the Department has approved any of the Respondents' business practices, and shall not use the existence of this AVC to in any way imply such approval. 8. APPLICABILITY 8. This A VC shall apply to and continuously bind Respondents and their 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 ofthis 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 A VC, and this A VC shall be construed and enforced as if such illegal, invalid, or unenforceable clause, section, or other provision had not been contained herein. Page 5 of 7 ~
IN WITNESS WHEREOF, Respondents have executed this AVC in the County and State listed below, as of the date affixed thereon. M&J Life Management, Inc. ~.~ i?; By: S0-7 f;on c. Id,,, c Its: ~~~~~~~~- Date: ~ _ -z... I, 2011 Maria Ruiz Date: Ol J ~I 1 2011 m e~- )TSOilRUiZ ~ Date: ~Yl. 2 I 2011 ST ATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, an officer duly authorized to take acknowledgments in the State of Florida, personally appeared Jayson Ruiz, as authorized representative of M&J Life Management, Inc., and individually, he acknowle~e'if-before l1lf that he executed the foregoing instrument for the purposes therein stated, on 1 is ~- _\_ day of s:~/l ~{ 0...-L~, 2011. Sworn to and subscribed before me this {)I S day of ~ \ci, n 1;1~, 2011. -,,,,.....,"~'!11.IU J llltlllllllll : SERINA L. SMITH ~'~'~""'''' eomm# 000707015 ~~"t!:-~i'~ : : ~f~e Expires 8121/2011 ; ~\P~~~ : :.,~O P-~.f Florida Notary Assn., Inc ~ a aai'~;!'~~~\:\:. e ll I,, 15 I,,;;$ aa I JI ii a I I I a I aa I a I I I I I ~" ~ 1 Personally known or iiu,~u. )i<(e)fary PUBI: C (print, type or stamp commissioned name of Notary Public) Produced identification V (~eek one). I _\ Type ofldentification Produced: x ;)CO-LI QJ - 'l-9 - I i3-0 ~l <~eitf, J0.\ r)) ~Jto -5 i{o ~ ta-s ~ 1 -\ l ML\n n_ ~i: ~ Page 6 of7
STATE OF FLORJDA COUNTY OF ORANGE BEFORE ME, an officer duly authorized to take acknowledgments in the State of Florida, personally appeared Maria Ruiz, and she acknowledged ~ef ore me that {he executed the foregoing instrument for the purposes therein stated, on thi~ day of 6 /?(AOV<hv-, 2011. J ~ u Sworn to and subscribed before me this :J. / S day of _QLJ~u(f, 2011. : 11a11111 111a111111a11u: : S SERINAL. :o.,\\\ltu111,,, Co : ~'~~vii~:.-~ r. ::;~m... = ~~ :~ r : ~~,A;; : ~" 71mm,,,. ~P...~~ F "' " ~ -15111 5 17015 i 1011 E.-;sn., Inc E "llf'llul' 11'1 ~ (print, type or stamp commissioned name of Notary Public) em en ts Assistant Attorney General Office of the Attorney General Department of Legal Affairs 135 West Central Blvd., Suite 1000 Orlando, Florida 32801 (407) 245-0833 phone, (407) 245-0365 Fax 1-v - Accepted this ~b day of J tl7\.1u f1tt!-(, 2011. 8Ec~ofht-es Office of the Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32399-1050 /'VlAfU_ 4, CAmfG~ Page 7 of 7 ~ -