Case 6:15-cv-01016-JA-KRS Document 134 Filed 06/08/16 Page ...

Case 6:15-cv-01016-JA-KRS Document 134 Filed 06/08/16 Page 1 of 25 PageID 2573

UNITED STATES DISTRJCTCOURT FOR THE MIDDLE DISTRJCT OF FLORIDA

ORLANDO DIVISION

FEDERAL TRADE COMMISSION, and

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

Case No. 6:15CV1016-JA-KRS

Plaintiffs,

VS.

ALL US MARKETING LLC, f/k/a Payless Solutions, LLC, a Florida corporation, el al.,

Defendants.

STIPULATED ORDER FOR PERMANENT INJUNCTION AND FINAL JUDGMENT AS TO DEFENDANTS MARBEL RODRIGUEZ AND GLOBAL ONE FINANCIAL SERVICES LLC

Plaintiffs, the Federal Trade Commission ("Commission" or "FTC") and the State of Florida (collectively, " Plaintiffs"), filed their First Amended Complaint for Permanent Injunction and Other Equitable Relief ("First Amended Complaint"), pursuant to Sections 13(b) and 19 of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. ?? 53(b) and

57b, the Telemarketing and Consumer Fraud and Abuse Prevention Act ("Telemarketing Act"), 15 U.S .C. ?? 610 1-61 08, and the Florida Deceptive and Unfair Trade Practices Act

("FDUTPA"), Chapter 501, Part II, Florida Statutes (2014). Plaintiffs and Defendants

Marbel Rodriguez and Global One Financial Services LLC (collectively, "Stipulating Defendants") stipulate to the entry of this Stipulated Order for Permanent Injunction and Final Judgment ("Order") to resolve all matters in dispute in this action between them.

Case 6:15-cv-01016-JA-KRS Document 134 Filed 06/08/16 Page 2 of 25 PageID 2574

THEREFORE, IT IS ORDERED and ADJUDGED as follows: FINDINGS

l. This Court has jurisdiction over this matter; 2. The First Amended Complaint charges that Stipulating Defendants participated in deceptive and unfair acts or practices that violate Section 5(a) of the FTC Act, 15 U.S.C. ? 45(a); various provisions of the TSR, 16 C.F.R. Part 310; and Section 501 .204 of the FDUTPA, Chapter 501, Part II, Florida Statutes, in the advertising, marketing, promotion, offering for sale, or sale of credit card interest rate reduction services. 3. Stipulating Defendants neither admit nor deny any of the allegations in the First Amended Complaint, except as specifically stated in this Order. Only for purposes of this action, Stipulating Defendants admit the facts necessary to establish jurisdiction. 4. Stipulating Defendants waive any claim that they may have against Plaintiffs and the Receiver and their employees, representatives, and agents and any claim that Stipulating Defendants may have under the Equal Access to Justice Act, 28 U.S.C. ? 2412, concerning the prosecution of this action through the date of this Order. Stipulating Defendants agree to bear their own costs and attorneys fees. 5. Stipulating Defendants waive all rights to appeal or otherwise to challenge or to contest the validity of this Order.

DEFINITIONS For purposes of this Stipulated Order for Permanent Injunction and Final Judgment, the following d?efinitions apply:

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l. "Asset" or "Assets" means any legal or equitable interest in, right to, or claim

to, any real or personal property, including, but not limited to, "goods," "instruments,"

"equipment," "fixtures," "general intangibles," "inventory," "checks," or "notes," (as these

terms are defined in the Uniform Commercial Code), lines of credit, chattels, leaseholds,

contracts, mail or other deliveries, shares of stock, lists of consumer names, accounts, credits,

premises, receivables, funds, and all cash, wherever located.

2. "Assisting Others" includes, but is not limited to :

a. performing customer service functions, including receiving or

responding to consumer complaints;

b. formulating or providing, or arranging for the formulation or provision

ot: any advertising or marketing material, including any telephone sales script, direct mail

solicitation, or the design, text, or use of images of any Internet website, email, or other

electronic communication;

c. formulating or providing, or arranging for the formulation or provision

of, any market~ng support material or service, including web or Internet Protocol addresses or

domain name registration for any Internet websites, affiliate marketing serv ices, or media

placement services;

d. providing names of, or assisting in the generation of, potential

customers;

e. performing marketing, billing, or payment services of any kind; and

f.

acting or serving as an owner, officer, director, manager, or principal

of any entity.

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3. "Individual Defendants" means Gary Rodriguez, Marbel Rodriguez, Carmen Williams, Jonathan Paulino, Fairiborz Fard, Shirin lmani, Alex Serna, Christian Serna, and Kimberly Coarse, and by whatever other names each may be known.

4. "Corporate Defendants" means All Us Marketing LLC, f/k/a Payless Solutions, LLC, Global Marketing Enterprises lnc., f/k/a Pay Less Solutions lnc., Global One Financial Services LLC, Your #1 Savings LLC, Ovadaa LLC, Royal Holdings Of America LLC, ORR Financial Services LLC, Auto Guardian USA, LLC, and Premier Marketing international, LLC, and their successors and assigns, as well as any subsidiaries, and any fictitious business entities or business names created or used by these entities, or any of them.

5. " Defendants" means all of the Individual Defendants and the Corporate Defendants, individually, collectively, or in any combination.

6. "Document" or "Documents" means any materials listed in Federal Rule of Civil Procedure 34(a), Fed. R. Civ. P. 34(a), and includes writings, drawings, graphs, charts, photographs, audio and video recordings, computer records, and other data compilations from which information can be obtained and translated, if necessary, through detection devices into reasonably usable form. A draft or non-identical copy is a separate document within the meaning of the term.

7. "Financial Institution" means any bank, savings and loan institution, credit union, or any financia l depository of any kind, including, but not limited to, any brokerage house, trustee, broker-dealer, escrow agent, title company, commodity trading company, or precious metal dealer.

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8. "Financial product or service" means ru1y product, service, plan, or program

represented, expressly or by implication, to:

a. provide any consumer, arrange for any consumer to receive, or assist

any consumer in receiving, a loan or other extension of credit;

b. provide any consumer, arrange for any consumer to receive, or assist

any consumer in receiving, credit, debit, or stored value cards;

c. improve, repair, or arrange to improve or repair, any consumer's credit

record, credit history, or credit rating; or

d. provide advice or assistance to improve any consumer's credit record,

credit history, or credit rating.

9. "Person" means a natural person, organization, or other legal entity, including

a corporation, partnership, sole proprietorship, limited liability company, association,

cooperative, or any other group or combination acting as an entity.

I0. "Plaintiffs" means the Federal Trade Commission ("FTC" or "Commission")

and the State ofFlorida.

I 1. "Secured or unsecured debt relief product or service" means:

a. with respect to any mortgage, loan, debt, or obligation between a

person and one or more secured or unsecured creditors or debt collectors, any product,

service, plan, or program represented, expressly or by impl ication, to:

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stop, prevent, or postpone any mortgage or deed of foreclosure

sale for a person's dwelling, any other sale of collateral, any reposs ession of a person's

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dwelling or other collateral, or otherwise save a person's dwelling or other collateral from foreclosure or repossession;

11. negotiate, obtain, or arrange a modification, or renegotiate, settle, or in any way alter any terms of the mortgage, loan, debt, or obligation, including a reduction in the amount of interest, principal balance, monthly payments, or fees owed by a person to a secured or unsecured creditor or debt collector;

u1. obtain any forbearance or modification in the timing of payments from any secured or unsecured holder or servicer of any mortgage, loan, debt, or obligation;

iv. negotiate, obtain, or arrange any extension of the period oftime within which a person may (a) cure his or her default on the mortgage, loan, debt, or obligation, (b) reinstate his or her mortgage, loan, debt, or obligation, (c) redeem a dwelling or other collateral, or (d) exercise any right to reinstate the mortgage, loan, debt, or obligation or redeem a dwelling or other collateral;

v. obtain any waiver of an acceleration clause or balloon payment contained in any promissory note or contract secured by any dwelling or other collateral; or

vi. negotiate, obtain, or arrange (a) a short sale of a dwelling or other collateral, (b) a deed-in-lieu of foreclosure, or (c) any other disposition of a mortgage, Joan, debt, or obligation other than a sale to a third party that is not the secured or unsecured loan holder.

The foregoing shall include any manner of claimed assistance, including auditing or examining a person's application for the mortgage, loan, debt, or obligation.

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b. with respect to any loan, debt, or obligation between a person and one

or more unsecured creditors or debt collectors, any product, service, plan, or program

represented, expressly or by implication, to:

1.

repay one or more unsecured loans, debts, or obligations; or

11. combine unsecured loans, debts, or obligations into one or

more new loans, debts, or obligations.

12. "Stipulating Corporate Defendant" means Corporate Defendant Global One

Financial Services LLC, and its successors and assigns, as well as any subsidiaries, and any

fictitious business entities or business names created or used by this entity.

13. "Stipulating Defendants" means the Stipulating Individual Defendant

Marbel Rodriguez and the Stipulating Corporate Defendant Global One financial Services

LLC, individually, collectively, or in any combination.

14. "Stipulating Individual Defendant" means Individual Defendant Marbel

Rodriguez.

15. "Telemarketing" means any plan, program, or campaign which is conducted

to induce the purchase of goods or services by use of one or more telephones, and which

involves a telephone call, whether or not covered by the Telemarketing Sales Rule.

I.

PERMANENT BAN ON ROBOCALLS

IT IS ORDERED that Stipulating Defendants are permanently restrained and

enjoined from initiating, or causing others to initiate, any telephone call that delivers a

prerecorded message.

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II.

PERMANENT BAN ON TELEMARKETING IT IS FURTHER ORDERED that Stipulating Defendants are permanently restrained and enjoined from participating in Telemarketing, whether directly or through an intermediary.

III. PERMANENT BAN WITH RESPECT TO SECURED OR UNSECURED

DEBT RELIEF PRODUCTS OR SERVICES IT IS FURTHER ORDERED that Stipulating Defendants are permanently restrained and enjoined from the advertising, marketing, promoting, offering for sale, or selling, or assisting others in the advertising, marketing, promoting, offering for sale, or selling, of any Secured or Unsecured Debt Relief Product or Service.

IV. PROHIBITION AGAINST MISREPRESENTATIONS RELATING TO

FINANCIAL PRODUCTS AND SERVICES IT IS FURTHER ORDERED that Stipulating Defendants, their officers, agents, employees, and attorneys, and all other persons in active concert or participation with any of them, who receive actual notice of this Order, whether acting directly or indirectly, in connection with the advertising, marketing, promoting, offering for sale, or selling of any Financial Product or Service, are permanently restrained and enjoined from misrepresenting, or assisting others in misrepresenting, expressly or by implication: A. The terms or rates that are available for any loan or other extension of credit, including:

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