+ All Categories
Home > Documents > Debt Relief Pros settlement in Marion County

Debt Relief Pros settlement in Marion County

Date post: 06-Dec-2015
Category:
Upload: kgw-news
View: 1,545 times
Download: 0 times
Share this document with a friend
Description:
Debt Relief Pros Avc REDACTED
8
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION IN THE MATTER OF: DEBT RELIEF PROS, INC. dba STUDENT DEBT RELIEF; and CHRISTOPHER WORDELL, individually and in his corporate capacity; Respondents. 1. DEBT RELIEF PROS, INC. AND CHRISTOPHER WORDELL do business in Oregon and are the respondents herein. This agreement is between the respondents and the Oregon Department of Justice [D0.1] acting pursuant to ORS 646.632. PROCEDURE 2. This Assurance of Voluntary Compliance [AVC] is a settlement of a disputed matter. It shall not be considered an admission of a violation of law on the part of respondents for any purpose. 3. Respondents understand and agree this AVC applies to respondents individually at all times, and to their principals, members, officers, directors, successors and assigns, jointly and severally. /II Page 1 ASSURANCE OF VOLUNTARY COMPLIANCE Debt Relief Pros DEPARTMENT OF JUSTICE 1162 Court Street NE Salem, OR 97301-4096 PHONE: (503) 934-4400 6774201 Case No. ASSURANCE OF VOLUNTARY COMPLIANCE
Transcript

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MARION

IN THE MATTER OF:

DEBT RELIEF PROS, INC. dba STUDENT DEBT RELIEF; and CHRISTOPHER WORDELL, individually and in his corporate capacity;

Respondents.

1.

DEBT RELIEF PROS, INC. AND CHRISTOPHER WORDELL do business in Oregon

and are the respondents herein. This agreement is between the respondents and the Oregon

Department of Justice [D0.1] acting pursuant to ORS 646.632.

PROCEDURE

2.

This Assurance of Voluntary Compliance [AVC] is a settlement of a disputed matter. It

shall not be considered an admission of a violation of law on the part of respondents for any

purpose.

3.

Respondents understand and agree this AVC applies to respondents individually at all

times, and to their principals, members, officers, directors, successors and assigns, jointly and

severally.

/II

Page 1 ASSURANCE OF VOLUNTARY COMPLIANCE Debt Relief Pros

DEPARTMENT OF JUSTICE 1162 Court Street NE

Salem, OR 97301-4096 PHONE: (503) 934-4400

6774201

Case No.

ASSURANCE OF VOLUNTARY COMPLIANCE

4.

2 Respondents understand and agree that following acceptance of the AVC by DOS, DOS

3 may communicate directly with respondents for the purpose of conducting undercover

4 investigations to the extent permitted by law. Neither this Paragraph 4, nor any other language

5 contained in this AVC is intended by the parties in any manner to be a waiver of respondents'

6 right to seek the advice and assistance of counsel at any time, nor should such a waiver be

7 inferred by any language herein.

8 5.

9 Respondents understand and agree that if this AVC is accepted by DOS, it will be

10 submitted to the Circuit Court of the State of Oregon for the County of Marion for approval, and,

11 if approved, will be filed with the court pursuant to ORS 646.632(2).

12 6.

13 Respondents and any counsel waive any further notice of submission to and filing with

14 the Court of this AVC. Respondents agree to accept service of a conformed or certified copy by

15 prepaid first class mail sent to the address following respondents' signatures herein.

16 7.

17 If monies which are ordered to be paid in this AVC are not paid timely, DOS may convert

18 the AVC to a money judgment under ORS 646.632(2) with prior notice to respondents.

19 Respondents agree that all notice requirements will be satisfied should DOJ provide a copy of

20 the money judgment to respondents via first class mail to the addresses following their respective

21 signatures.

22 ///

23 /1/

24 ///

25 III

26 ///

Page 2 — ASSURANCE OF VOLUNTARY COMPLIANCE Debt Relief Pros 6774201

DEPARTMENT OF JUSTICE 1162 Court Street NE

Salem, OR 97301-4096 PHONE. (503) 934-4400

1 8.

2 Respondents understand that, in addition to any other sanctions which may be imposed

3 under this AVC or under the law, a finding of a violation of any of the terms of this AVC by a

4 court of competent jurisdiction may result in contempt of court proceedings, civil penalties of up

5 to $25,000 for each violation, and such further relief as the court may deem appropriate. ORS

6 646.632(4), ORS 646.642(1) and ORS 646.642(2).

7 9.

8 The parties acknowledge that no other promises, representations or agreements of any

9 nature have been made or entered into by the parties. The parties further acknowledge that this

10 AVC constitutes a single and entire agreement that is not severable or divisible, except that if

11 any provision herein is found to be legally insufficient or unenforceable, the remaining

12 provisions shall continue in full force and effect.

13 REMEDIES

14 10.

15 Respondents shall obey Oregon's Unlawful Trade Practices Act (UTPA), ORS 646.605

16 to ORS 646.656, and all rules adopted pursuant to the UTPA.

17 11.

S Respondents shall not represent or imply that DOJ acquiesces or approves of

19 respondents' past business practices, current efforts to refoi in their practices, or any future

20 practices which they may adopt or consider adopting. DOD's decision to settle this matter or to

21 otherwise unilaterally limit current or future enforcement action does not constitute approval or

22 imply authorization for any past, present, or future business practice.

23 12.

24 Respondents shall not participate, directly or indirectly, in any activity, or form a separate

25 company, corporation, or other business entity for the purpose of engaging in acts or practices, in

26 whole or in part, that are prohibited by Oregon law.

Page 3 — ASSURANCE OF VOLUNTARY COMPLIANCE Debt Relief Pros 6774201

DEPARTMENT OF SLISTICE 1162 Court Street NE

Salem, OR 97301-4096 PHONE. (503) 934-4400

1 13.

2 Respondents shall pay the sum of five thousand dollars [$5,000.00] to DOJ within ten

3 days of executing this AVC. Said sums shall be applied to legal costs, and any remaining

4 amount shall be deposited to the account established pursuant to ORS 180.095, and used as

5 allowed by law.

6 14.

7 In addition to monies paid in compliance with paragraph 13 of this AVC, within thirty

8 days of executing this AVC, respondents shall provide DOJ with restitution checks made out to

9 the below consumers as follows:

Consumer Name Amount

$359.28

$449.28

$399.28

$399.28

$359.28

$359.28

$359.28

$359.28

$359.28

$449.28

$359.28

$449.28

$399.28

$359.28

$399.28

$359.28

Page 4 — ASSURANCE OF VOLUNTARY COMPLIANCE Debt Relief Pros • 6774201

DEPARTMENT OF JUSTICE 1162 Court Street NE

Salem, OR 97301-4096 PHONE: (503) 934-4400

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

$359.28

$359.28

$449.28

$449.28

$449.28

$399.28

7 15.

8 Effective immediately upon execution by respondents of this AVC, respondents agree to

9 permanently cease:

10 1. Performing any debt management service in this state for money or other valuable

11 consideration or with the expectation of receiving money or other valuable consideration;

12 2. Offering to perform any debt management service in this state for money or other

13 valuable consideration or with the expectation of receiving money or other valuable

14 consideration;

15 3. Soliciting or receiving from a resident of this state an application for a debt

16 management service in exchange for money or other valuable consideration or with the

17 expectation of receiving money or other valuable consideration;

18 4. Forwarding or providing a completed application that respondent has received

19 from a resident of this state to a debt management service provider in exchange for money or

20 other valuable consideration or with the expectation of receiving money or other valuable

21 consideration;

22 5. Referring a resident of this state to a debt management service provider in

23 exchange for money or other valuable consideration or with the expectation of receiving money

24 or other valuable consideration; and,

25 ///

26 ///

1

2

3

4

5

6

Page 5 — ASSURANCE OF VOLUNTARY COMPLIANCE Debt Relief Pros

6774201 DEPARTMENT OF JUSTICE

1162 Court Street NE Salem, OR 97301-4096

PHONE: (503) 934-4400

rotary Publicf Ply Commissiarapires:

1 6. Providing the name, address or other identifying information of a resident of this

2 state to a debt management service provider for the purpose of arranging the provision of a debt

3 management service, in exchange for money or other valuable consideration or with the

4 expectation of receiving money or other valuable consideration.

5 APPROVAL BY COURT

6 APPROVED FOR FILING and SO ORDERED:

7 Date:

8

9

10

11

12

13

14

15 Lej? r(S.+Orilcr R vdet( being first duly sworn on oath, depose and say that I am the C)(.5.0tJet4._ of Debt Relief Pros, Inc., and am fully authorized and

16 empowered to sign this Assurance of Voluntary Compliance on behalf of Debt Relief Pros, Inc., and bind the same to the terms hereof.

17

Print Name

1309 :3_1(0-G Address g'--111-2 W60 k gr t bi-4 a- -

SUBSCRIBED AND SWORN to before me this ct tClay of S-< PoL

ANDREW AGNINI Notary Public - State of Florida My Comm. Expires Apr 2, 2018

Commission # FF 109064 --.0-410-wmipmegmeg.v.awevarms.-40.4

Page 6 — ASSURANCE OF VOLUNTARY COMPLIANCE Debt Relief Pros

DEPARTMENT OF JUSTICE 1162 Court Street NE

Salem, OR 97301-4096 PHONE: (503) 934-4400

6774201

RESPONDENTS' SIGNATURES AND ACKNOWLEDGMENTS

Respondents have read and understand this agreement and each of its terms. Respondents agree to each and every teriii,

Corporate Respondent

18

19

20

21

22

23

24

25

26 111

, 2015.

kib

Individual Respondent

tAA Al 2-

tock3L r/ 6 II/ Christopheir Wcgdell Address: I/6

e L

SUBSCRIBED AND SWORN to before me this day of , 2015.

wa, 4116 Allh. 1ft. Alb.. gdp

.1:**,, ANDREW AGNINI .p' 1-. .1. .1 Notary Public - State of Florida J.; My Comm. Expires Apt 2, 2018

Commission # FF 109064

ACCEPTANCE OF D0,1

la

!S /12-Pb

1

2

3

4

5

6

7

8

9

10

Notary Pubfie-fer-Opogmr, My Commission Expires: 41 (-0--

12 Accepted this j 1-\ 14 day of 5.? , 2015.

ELLEN F. ROSENBLUM 13 Attorney General

14

15

16

17

18

19

20

21

Janet Borth OSB #103469 Assistant Attorney General Department of Justice 1162 Court Street, NE Salem, OR 97301-4096 Phone: (503) 934-4400 Fax: (503) 378-5017 Email: [email protected]

22

23

24

25

26

Page 7 — ASSURANCE OF VOLUNTARY COMPLIANCE Debt Relief Pros

DEPARTMENT OF JUSTICE 1162 Court Street NE

Salem, OR 97301-4096 PHONE: (503) 934-4400

6774201

11

1

2

3

CERTIFICATE OF SERVICE

I certify that on September 14, 2015, I served the foregoing Assurance of Voluntary

Compliance upon the parties hereto by the method indicated below, and addressed to the

4 following:

5

6

Christopher P. Meier, Esq. Greenspoon Marder Law 100 West Cypress Creek Road Suite 700

HAND DELIVERY x MAIL DELIVERY

OVERNIGHT MAIL

7 Ft. Lauderdale, FL 33309 TELECOPY (FAX) X E-MAIL [email protected]

8 E-SERVE

9

10 /s/JANET BORTH

11 JANET BORTH #103469 Assistant Attorney General

12 Trial Attorney Tel (503) 934-4400

13 Fax (503) 378-5017 [email protected]

14 Of Attorneys for Plaintiff

15

16

17

18

19

20

21

22

23

24

25

26

Page 1 - CERTIFICATE OF SERVICE JCB/bmp/Document2

Department of Justice 1162 Court Street NE

Salem, OR 97301-4096 (503) 934-4400 / Fax: (503) 378-5017


Recommended