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
Top Related