Department without an admission of wrongdoing and for the purposk of resolving this matter

Similar documents
of any issue of law or fact, to the entry of the

Matter of Diaz v New York City Dept. of Health & Mental Hygiene 2013 NY Slip Op 32360(U) September 25, 2013 Supreme Court, New York County Docket

State of New York Public Employment Relations Board Decisions from September 5, 1974

PUBLIC SERVICE COMMISSION OF WEST VI'RGINIA CHARLESTON PROCEDURE. required to satisfy said complaint or make answer thereto, in writing,

Attorney Docket Number Application Number

E911 INFORMATION WETZEL COUNTY COMMISSION

Application for Exempt Regulated Activities registration (UK)

LOBBYIST DISCLOSURE REPORT

UNITED STATES DISTRICT COURT. I i I. District of. l by Failing to Maintain an Accurate Oil Record:Book, to

BY-LAW NO NOW THEREFORE the Council of The Corporation of the City of Kingston hereby ENACTS as follows.

Full name Title Date of birth

THIS FIRST AMENDMENT TO THE LEASE (this First Amendment ) is made and entered into this day of

Case 3:09-cv MAP Document 1 Filed 07/23/2009 Page 1 of 17 UNITED STATES DISTRICT COURT MASSACHUSETTS

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

~/

PROPOSED AMENDMENTS TO THE BOARD OF REGENTS POLICY ON WEAPONS POSSESSION

f. _istress and other forms of personal injury in connection with i

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

Case 1:11-cv VM-JCF Document 965 Filed 06/26/15 Page 1 of 12 ~ S-1 K-:-~ 1-;.\ ~: --

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

Matter of Brasky v City of New York 2006 NY Slip Op 30744(U) March 15, 2006 Supreme Court, New York County Docket Number: /05 Judge: Lottie E.

Ip :J:CTl\00.ICALLY FIL[[) '

~/

I i IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA CA 1 WAKFS 1 01/2017. I j

~/

THE FOLLOWING IS HEREBY STIPULATED by and between Robert H. 2. Judge LaPiana was apprised by the Commission in June 2017 that it was

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

Responder. party to bring this. Whueu, on November 9, 2011, Ma. Adams applied for a. i I misdemeanor charqe for Drivinq While License Revoked in the

BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD IN THE MATTER OF VSB DOCKET NO KIMBERLY LISA MARSHALL

AGENDA REPORT. long term ground lease holder for the land filed an. application to amend Condition 14 of City Council Resolution No 09 65

_=:::::::::::: ;~;;;;~:.1

Minorcyzk v City of New York 2006 NY Slip Op 30833(U) October 30, 2006 Supreme Court, New York County Docket Number: /04 Judge: Eileen A.

Under Section 402 of the Not-Far-Profit CorporatlQn Law

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

An ordinance amending Section of the Los Angeles Municipal Code by amending the zoning map.

STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 18-19

Practices Act", Florida Statutes (2010), the STATE OF FLORIDA, OFFICE OF THE

CHAPTER LAWS OF FLORIDA CHAPTER

SHEILA BIRRELL Acting City Clerk "Pro Tempere" CORPORATION OF THE CiTY OF KINGSTON

Case3:09-cv JSW Document1 Filed09/11/09 Page1 of 17. to 5 E LJ. Defendants. )

Rural Municipality ofciayton No. 333 BYLAW NO. 4/2011. The council for the Rural Municipality ofclayton No. 333 in the Province ofsaskatchewan enacts

TWELFTH QJAM L~GISLATURE 1974 (SECOND) Regular Session

Practices Act", Florida Statutes (2010), the STATE OF FLORIDA, OFFICE OF THE

Immigration New Zealand Operational Manual. Border Entry. Issue Date: 2 March 2009

CANTONMENT BOARD, RANIKHET MINISTRY OF DEFENCE, GOVT. OF INDIA

Matter of Dukhon v Kim 2013 NY Slip Op 31721(U) July 25, 2013 Sup Ct, New York County Docket Number: /2013 Judge: Cynthia S.

DISCOURAGING DEMAND. Defining the concept of demand. What do we mean when we talk about demand in relation to trafficking?

Immigration New Zealand Operational Manual. Border entry. Issue Date: 29 Novemer 2010

An ordinance amending Section of the Los Angeles Municipal Code by amending the zoning map.

Legal Strategies for FDA Consent Decrees

- r. &he Gazette of Andia (a) ~~m;t-im;imjmit~&~~~is9f&i PUBLISHED BY AUTHOFUTY. otm 11-m3-3P-m (i) REGD. NO. D. L;-33~"

The Government of the Republic of Indonesia and the Government of the Republic of the Sudan (hereinafter referred to as "Contracting Parties");

~/

MINUTES OF THE. MEETING of the FINANCE COMMITTEE July 21, 1967

,..;./ --..., " <... ':\ H:more.ble Florencio T. Ramirez oea ;er T.. c!fth Cuam Legislature. Dear t.'/.r. ~.peai-<er:

Gaber v Benhuri Ctr. for Laser Dentistry 2013 NY Slip Op 30378(U) February 15, 2013 Supreme Court, New York County Docket Number: /11 Judge:

Eastside Floor Serv., Ltd. v Ibex Constr., LLC 2012 NY Slip Op 33416(U) August 15, 2012 Sup Ct, New York County Docket Number: /09 Judge: Anil

THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON BY-LAW

Rubin v Napoli Bern Ripka Shkolnik, LLP 2016 NY Slip Op 31096(U) June 15, 2016 Supreme Court, New York County Docket Number: /2015 Judge:

Oregon Round Dance Teachers Association

FILED: NEW YORK COUNTY CLERK 06/12/ :25 PM INDEX NO /2015 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 06/12/2018

CALIFORNIA 4 2SS. i Jt ERIC GARCETTI MAYOR

AGREEMENT BETWEEN THE GOv'ERt\fMEl\T OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF ROMANIA ON THE PROMOTIO:"! AND PROTECTION OF Il\VESTMENT

Commercial sexual exploitation of children

Equal Employment Opportunity Commission v. Medical Management International Inc.

SUPPLEMENT ISIOLO COUNTY GAZETTE BILLS, NAIROBI, 13th September,?fr16 SPECIAL ISSUE. REPUBLIC OF KEr.fYA

Fairfield Sentry and the limits of comity in Chapter15cases

AGREEMENT BETWEEN THE SOCIALIST REPUBLIC OF VIETNAM AND THE REP,UBLIC OF POLAND FOR THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS "

Village of East Dundee PRESIDENT AND BOARD OF TRUSTEES Special Meeting Monday, July 8, :00 PM

AGENDA REQUEST AGENDA ITEM NO: V.5. Board Appointments. December 7, 2015 BY City Auditor and Clerk Pamela M. Nadalini City Auditor and Clerk Nadalini

Loreley Fin. (Jersey) No. 3, Ltd. v Morgan Stanley & Co. Inc NY Slip Op 32624(U) October 1, 2014 Sup Ct, New York County Docket Number:

TENTH JUDICIAL CIRCUIT COURT Request for Qualifications (RFQ)

AMENDED ADMINISTRATIVE ORDER NO _,,A_

P.O. Box Austin, Texas ADDRESS /PC BOX; APT tsuite#; CITY; STATE; ZIP CODE MS / MRS / MR FIRST M1 NICKNAME LAST SUFFIX

Ujkfl/clOio. STATE OF NORTH CAROLINA ^ m N o ' INVENTORY OF ITEMS SEIZED 5 PURSUANT TO SEARCH. ( r^kfth^ rnitnt%/ * Court Of Just ^

CONSTITUTION OF THE New Democratic Party of Canada EFFECTIVE FEBRUARY 2018

Required Documents. Nedbank GAPACCESS

California Ballot Propositions and Initiatives. Follow this and additional works at:

Discrimination and Hostile Work Environment Claims Based upon Religion, National Origin, and Alienage

RESTRICTED IMC/INV/12/Rev.lO/Add.l TARIFFS AND TRADE is July»« INTERNATIONAL MEAT COUNCIL

17 W. 127th St. Partners LLC v Baruch Realty, LLC 2016 NY Slip Op 31566(U) August 17, 2016 Supreme Court, New York County Docket Number: /12

i i I l I I I I I I I I i I I I I I I

Ortega v Neris 2015 NY Slip Op 30987(U) May 4, 2015 Supreme Court, Bronx County Docket Number: /2012 Judge: Lucindo Suarez Cases posted with a

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON. Complainant, HEARING EXAMINER'S DECISION

SCI PLAINTIFF'S ORIGINAL PETITION AND DISCOVERY REQUESTS. ComWnow VANESSA SAMUDIO, Plaintiff herein, complaining of CITY OF SAN

Prepared for PC35 only

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

BUREAU OF INDIAN AFFA/RS. r.l Operatioo. Ms. Kathy Jekel... OF_A_T_ Office of the Secretary of State 101 State Capitol Oklahoma City, OK 73105

Defendants, DAVID A. BEN-ASHER, ESQ. 134 Evergreen Place East Orange, New Jersey 07018

CONSTITUTION OF ADASTRAL PARK LEISURE AND SPORTS (ATLAS) BODY TALK GYM CLUB

AGENDA REQUEST AGENDA ITEM NO: V.3. Board Appointments. July 21, 2014 BY City Auditor and Clerk Pamela M. Nadalini City Auditor and Clerk Nadalini

No IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


Riverdale Osborne Towers Hous. Assoc. LLC v Commonwealth Land Titles Ins. Co NY Slip Op 33840(U) June 13, 2011 Sup Ct, New York County Docket

~/

I [II, I r i LAWS OF SARAWAK. Chapter 6 SARAWAK CULTURAL HERITAGE ORDINANCE, i,!: "

ofiys) B PG266 QUAIL RUN CONDOMINIUM TRUST Cambridge, Massachusetts (hereinafter called the "Trustees", which term and Name of Trust

AUSTRALIAN HERITAGE COMMISSION ACT 1975

Board of Trustees Meeting Minutes

Case 1:99-mc Document 357 Filed 07/29/11 Page 1 of 7 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Transcription:

STATE OF FLORDA OFFCE OF THE ATTORNEY GENERA DEPARTMENT OF LEGAL AFFARS n the Matter of: UNTED RESORT MARKETNG, NC., a Florda corporaton, SKY BLUE SOLUTONS, N CORPORA TED, a Florda corporaton, and ADAM J. MACKER, an ndvdual AG Case Number: 1 Ll0-3-1165 Respondents ASSURANCE OF VOLUNTARY COMPLANCE PURSUANT TO Chapter 501, Part, "The Florda Dec tve and Unfar Trade Practces Act", Florda Statutes (2011), the STATE OF FLOR pa, OFFCE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFARS (h~reafter the "Department") has nvestgated certan acts and practces of UNTED RESORT MtRKETNG, NC., SKY BLUE SOLUTONS, NCORPORATED, and ADAM J. MAtKER (collectvely, the "Respondents"). Respondents enter nto ths Assurance of Voluntary Complance (the "AVC") wth the Department wthout an admsson of wrongdong and for the purposk of resolvng ths matter only. Pursuant to Secton 501.207(6), Florda Statutes (201 0), the DeJartment accepts ths A VC n termnaton of ts nvestgaton nto certan acts and practces of R~spondents related to ther tmeshare resale and rental busness. 1. BACKGROUND 1.1 Respondents, Unted Resort Marketng, nc. ("Unted"), and Sky Blue Solutons, ncorporated ("Sky Blue"), are both Florda corporatons wth ther prncpal places of busness

located n Orange Cty, Volusa County, Florda. Respondent, Adam J. Macker ("Macker"), s the presdent of both Unted and Sky Blue, and partcpated n, contro led, and had the authorty to control the acts and practces of Respondents, Unted and Blue Sky. 1.2 Respondents engaged n the busness of tmeshare resale and rental servces. Respondents marketed, promoted and sold ts servces to consume:rs throughout the Unted States. The Department began ts nvestgaton of Respondents based o~ consumer complants. 1.3 The Department alleges that Respondents' sales repres~ntatves made unsolcted telemarketng calls to consumers to market, promote and sell the thneshare resale and rental servces. n some of the telemarketng calls to consumers, the stes representatves made representatons, expressly or by mplcaton, that Respondents had reay buyers or renters for the consumers' tmeshares, or that the tmes hares could be sold or rented wthn a specfed perod of tme. 1.4 Respondents, Unted and Sky Blue, sent agreemen s for consumers to sgn authorzng a credt card charge and statng that Respondents were smply advertsng and promotng the consumer's tmeshare for resale or rental, and dsclamed havng a ready buyer or a specfc tme perod to sell or rent the tmeshare. Moreover, the ajeements provded that the "advertsng fee" was non-refundable. 1.5. Respondent, Unted, regstered wth the Dvson o{ Consumer Servces (the "Dvson") of the Florda Department of Agrculture and Consumer rervces n May 2008 as a commercal telephone seller under lcense number TC3200. Unted l1ense expred n May 2010. Respondent, Sky Blue, regstered as a commercal telephone seller wth the Dvson n January 2010 under lcense number TC3587 (the "Lcense"). Sky Blue's cense expred n January 2

2011. 1.6 As a result of the Department's nvestgaton, Unted d Sky Blue have ceased operatons and are no longer marketng, promotng or sellng ther meshare resale or rental servces to consumers. 2. JURSDCTON AND VEN~E 2.1 The partes agree that the State of Florda has jursdcton over Respondents for the purposes of enterng nto ths A VC and any enforcement actons arsng out of ths A VC. 2.2 t s further agreed by the partes that venue for any ~atter relatng to or arsng out of ths AVC shall le solely n Orange County, Florda. 3. COMPLANCE TERMS 3.1 Respondents shall not volate any applcable law,j rule, and/or regulaton, ncludng, but not lmted to, the followng: (a) The Florda Deceptve and Unfar Trade Pradtces Act as contaned n Chapter 501, Part, Florda Statutes (2011); (b) The Florda Telemarketng Act as contaned n Chapter 501, Part V, Florda Statutes (20 11 ); (c) (d) (e) Secton 501.059, Florda Statutes (2011), Telep,one Solctaton; Secton 817.41, Florda Statutes (2011 ), Mslea+ng Advertsng; The Telemarketng and Consumer Fraud and Abuse Preventon Act as contaned n 15 U.S.C. Sectons 6101-6108 (2011) (the "Act') and rules mplementng the Act as contaned n the "Telemarketng Sales Rule", Ttle 1 1 6 C.F.R, Part 310 (2011); (f) All Federal Trade Commsson rules and regulatons regardng or relatng 3

to advertsng. j' 3.2. Respondents shall not engage n, drectly or ndrect, any tmeshare resale or rental busness, or the marketng, promoton or sale of any tmeshare rrsale or rental servces, or provde any consultng or other servces to any persons or companes ~ngaged n the marketng, promoton or sale of any tmeshare resale or rental servces. 3.3 n connecton wth the Department's future mo1torng of Respondents, Respondents agree to retan documents and other nformaton reasom~bly suffcent to establsh complance wth the provsons of ths A VC, and shall provde the De,artment reasonable access to such documents and nformaton upon wrtten request from Departtnent wthout further legal process. 3.4 Respondents shall mmedately dsable and remove anj webstes or other nternet advertsng that was used n connecton wth ther tmeshare resale and rental busnesses. 4. MONETARY TERMS 4.1 Upon executon of ths A VC, Respondents shall pay tf the Department the total sum Ffteen Thousand and No/100 ($15,000.00) for nvestgatve ~osts, attorneys' fees and future montorng. Payment shall be made by certfed or cashe~'s check payable to the Department of Legal Affars Revolvng Trust Fund and shall be s+t to Robert G. Clements, Assstant Attorney General, 135 West Central Blvd, Sute 1000, Orlando, FL 32801. 4.2 n the event that Respondents fal to tmely pay,y of the above amounts, Respondents shall be n default of ths A VC and Respondents hereby ~tpulates to entry of a fnal judgment aganst them, jontly and severally, for the amounts due. Respondents stpulate that evdence of the falure to pay n accordance the terms and condtons of ths A VC may be n the 4

form of an affdavt from the Department. 4.3 Respondents acknowledge and agree that any falure to tmply wth the terms and condtons of ths A VC s by statute prma faca evdence of a volaton of Chapter 501, Part, Florda Statutes (2010), and may subject Respondents to any and all crl penaltes and sanctons provded by law, ncludng awardng of attorneys' fees and costs. 5. EFFECTVE UPON ACCEPTANCf 5.1 The Department's Drector of Economc Crmes may refuse to accept ths A VC at hs dscreton, and the AVC shall only become effectve upon ts accttance and sgnng by the Drector. 5.2 Ths A VC may be sgned n multple counterparts, each of whch shall be consdered an orgnal, and all of whch together wll consttute one and the same agreement. 6. CONSTRUCTON OF AVC 6.1 Ths A VC s the result of jont negotatons betweel the partes and shall be deemed to have been drafted by the Department and the Respondents~ n the event of a dspute, the AVC shall not be construed aganst any party.. 6.2 Respondents shall n no way represent that the Dep~ent has approved any of the Respondents' busness practces, and shall not use the exstence Or ths AVC to n any way mply such approval. 7. APPLCABLTY 7. Ths AVC shall apply to and contnuously bnd Resjndents and ther afflated enttes, successors, assgns and each of ther offcers, drectors, agenl servants, employees, and 5

attorneys, whether actng drectly or through any corporaton, subs'dary, dvson, or other entty. 8. CHANGES N LAW OR BUSNESS PRACTCES 8.1 t s further agreed by the partes that f any statutes c4ange due to amendment, repeal, or dsposton by the legslature, an agency, or court so that thet would permt any acton prohbted by any secton ofths A VC, that secton of ths A VC shall nr longer have any force or effect. 8.2 f any clause, provson, or secton of the A VC shallj for any reason, be held llegal, nvald, or unenforceable, such llegalty, nvaldty, or unenfdrceablty shall not affect any other clause, provson, or secton of ths A VC, and ths A V~ shall be construed and enforced as f such llegal, nvald, or unenforceable clause, secton, fr other provson had not been contaned heren. N WTNESS WHEREOF, Respondents have caused ths A Jc to be executed by ther authorzed representatve as of the date affxed thereon. Unted Resort Marketng, nc. ~d{ ts: Presdent Date: ')/( LJL, 2012 ' Sky Blue lolutons, ncorporated B acker ts: Presdqnt Date: f f'<ln. '2012 6

STATE OF FLORDA COUNTYOF~C~L~l~~-- BEFORE ME, an fcer duly authorzed to take acknowledgme ts n the State of Florda, personally appeared Adam J. Macker, as Presdent of Unted Resort Mar etng, nc., and Sky Blue Solutons, ncorporated., and ndvdually, who acknowledged before me tha he executed the foregong nstrument for the purposes theren stated, on ths~ day of 2012. Personally known or Produced dentfcaton / (check one) - TypeofdentfcatonProduced: H- Dl- f.dale(r 0\0~S-aq~-0 ents ssstant Attorney General ffce of the Attorney General epartment of Legal Affars 135 West Central Blvd., Sute 1000 Orlando, Florda 32801 (407) 245-0833 phone, (407) 245-0365 Fax Acceptedths /~ayof ~V '2012. Drector of Economc Crmes Offce of the Attorney General Department of Legal Affars The Captol Tallahassee, Florda 32399-1050 7