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

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

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

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

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

~/

~/

~/

~/

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

~/

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

STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS ASSURANCE OF VOLUNTARY COMPLIANCE

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

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

~/

STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS 5 STAR INVESTMENTS, INC. D/B/A AG# L BEST WESTERN OF VERO BEACH

STATE OF FLORIDA ASSURANCE OF VOLUNTARY COMPLIANCE A. INTRODUCTION. A-1. WHEREAS, pursuant to the provisions of Chapter 501,

~/

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

Practices Act," and , Florida Statutes (2011), the STATE OF FLORIDA, OFFICE OF. THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS (hereafter the

~/

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA

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

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

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

~/

~/

~/

~/

~/

STA TE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS ASSURANCE OF VOLUNTARY COMPLIANCE

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

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

~/

STATE OF FLORIDA, OFFICE OF THB ATTORNEY GENERAL DEPAR'l'MENT OF LEGAL AFFAIRS ASSURANCE OF VOLUNTARY COMPLIANCE

~/

STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL ASSURANCE OF VOLUNTARY COMPLIANCE A. INTRODUCTION

STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS. Respondents. I ASSURANCE OF VOLUNTARY COMPLIANCE

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

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

PURSUANT to the provisions of Chapter 501, Part II, Florida Statutes, Florida's

~/

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

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

~'

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

~/

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

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

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA SETTLEMENT AGREEMENT

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

~/

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

Pursuant to the Florida Deceptive and Unfair Trade Practices Act, Chapter. 501, Part II, Florida Statutes (2016), the STATE OF FLORIDA, DEPARTMENT

Office of the Attorney General State of Florida Department of Legal Affairs

~/

~/

Parcel ID Number(s): PROPORTIONATE SHARE AGREEMENT FOR <PROJECT NAME> <NAME OF ROADWAY>

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

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

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

~/

Florida's Deceptive and Unfair Trade Practices Act, and FLA. STAT. investigated the business practices of EMUSIC.COM and their

Case No CA000567MB. ~:r~:~~~~~~~galaffairs,

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

W~S"' \ (,-IJS$ t/ 1 V\ 1 C..

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA -CIVIL DIVISION-

~/


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

~'

LLC for services which customers claimed they had neither ordered nor received. NoTP STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL

~/

STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL

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

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

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

STATE OF FLORIDA ASSURANCE OF VOLUNTARY COMPLIANCE A. INTRODUCTION

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CORRECTED ORDER ON TEMPORARY INJUNCTION

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

~/

SETTLEMENT AND MUTUAL RELEASE AGREEMENT. THIS SETTLEMENT AND MUTUAL RELEASE AGREEMENT ( Agreement ), by

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA. Plaintiff, Defendants.

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT ORANGE COUNTY, FLORIDA CIVIL ACTION

ASSURANCE OF DISCONTINUANCE PURSUANT TO EXECUTIVE LAW 63(15) Pursuant to the provisions of Article 22-A of the General Business Law ("GBL") and

ASSURANCE OF VOLUNTARY COMPLIANCE FOR SENSA PRODUCTS, LLC AND SENSA, INC.

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA - CIVIL DIVISION - Plaintiff CASE NO.

IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR VOLUSIA COUNTY, FLORIDA. Defendants.

IN-LIEU OF PARKING FEE PAYMENT AGREEMENT

UNITED STATES SECURITIES AND EXCHANGE COMMISSION FORM 8-K ACCELERA INNOVATIONS, INC.

CLS HOLDINGS USA, INC. (Exact name of registrant as specified in its charter)

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: CA XXXXAB CONSENT FINAL JUDGMENT

* * * * * * * * * * * * * * * * *

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA

CONFIRMING SECURED CoPACE PROMISSORY NOTE

SAMPLE COPY. ASSOCIATION FOR COMPREHENSIVE ENERGY PSYCHOLOGY Certified Practitioner of EFT Agreement

VOLUNTARY DISCLOSURE AGREEMENT. The State of Florida Department of Financial Services, Division of Unclaimed Property, 200

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT ORANGE COUNTY, FLORIDA CIVIL ACTION

REVISED CODE LIEN WAIVER AGREEMENT R E C I T A L S

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA. CASE NO.: ll-ca-799

Transcription:

... l STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS In the Matter of: Debt Settlement USA, Inc. AG Case Numbers: LI0-3-1005 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 501.207(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 16430 North Scottsdale Road, Scottsdale, AZ 85254. 1.2 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 ~

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 2010. 2. 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 ~

.. 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 (201 O); (d) All Federal Trade Commission rules and regulations regarding or relating to advertising; (e) Section 817.41, 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 32801. Page 3 of7 ~

... 4.2 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 ~

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

... Florida, Case number 482010CA007981A0010X, 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, 2011. Sworn to and subscribed before me this { I day of yy) P<Y\ 11, 2011. 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

istant Attorney General 0 ice of the Attorney General D artment of Legal Affairs 135 West Central Blvd., Suite 1000 Orlando, Florida 32801 (407) 245-0833 phone, (407) 245-0365 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 32399-1050 Page 7 of7