IN THE CffiCUIT COURT OF THE SEVENTEENTH JUDICIAL …
Transcript of IN THE CffiCUIT COURT OF THE SEVENTEENTH JUDICIAL …
IN THE CffiCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND J!'OR BROWARD COUNTY, FI~ORIDA
OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA,
Plaintiff,
vs.
ANTHONY M. FERLANTI, EMMANUELE ZUCCARELLI, and ELECT GROUP, L.L.C.,
Defendants.
CASE NO.: 1 0~044129(08)
CONSENT FINAL JUDGMENT AS TO DEFENDANT ANTHONY M. FERLANTI
THIS .CONSENT FINAL JUDGMENT enters upon stipulation between Plaintiff
OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS,
STATE OF FLORIDA ("Attorney General" or "Department" or "Plaintiffu), and Defendant
A ~THO NY M. FERLANTI ("Defendant") for' the purpose of resolving all issues pertaining to
the present cause.
WHEREAS, Plaintiff initiated an investigation into the business acts and practices of the
Defendant and subsequently filed a complaint and amended complaint alleging unfair trade
practices pursuant to the Florida Deceptive and Unfair Trade Practices .Act, Florida Statutes
Ctapter 501, Part II ("FDUTPA");
WHEREAS, the Defendant is prepared to enter into this Consent Final Judgment for the
sole purpose of resolution ofthe investigation and this lawsuit; and
WHEREAS, the Defendant has ceased business operations attendant to the business of
foreclosure rescue services, cancelation, modification or other debt relief related to consumers'
real estate and/or mortgages.
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THEREFORE, by express written consent of the aforementioned Defendant, this Court
based upon the foregoing and the consent of the parties, it is hereby ORDERED AND
AD.TIJDGED that:
Judgment on the cause of action asserted in this action is hereby entered in favor of the
Office of the Attorney Generat Department of Legal Affairs, State of Florida, 110 S.E. 6th Street,
10th Floor, Ft. Lauderdale, Florida 33301, and against Defendant Anthony M. FerJanti, 17787
Key Vista Way, Boca Raton, FL 33496, for which let the execution issue. The Attorney General
will not levy on the execution as long as payment is made in accordance with paragraphs 12 and
13. This Judgment is cQntinuing in nature and shall be binding on any and all successors or
assigns of the Defendant.
I. JURISDICTION AND VENUE
1. This action commenced wherein Plaintiff sued the Defendant pursuant to
FDUTP A for activities related to the business of loan cancelation, modification or other debt
relief related to consumers' real estate and/or mortgages. The complaint arose from an
investigation wherein the ATTORNE Y GENERAL, an agency of the state and the enforcing
authority under FDUTP A, determined that an enforcement action served the public interest. The
ATTORNEY GENERAL had full authority t{) bring this action.
2. · Plaintiff has alleged that the Defendant solicited, marketed and otherwise
advertised foreclosure rescue services, loan cancelation, modification or other ·debt relief related
to consumers' real estate and/or mortgages. Plaintiff has alleged that the Defendant
misrepresented the legal validity of the services he was advertising and marketing. This Court
has jurisdiction over the subject matter of this action pursuant to the provisions of FDUTP A.
The Defendant hereby consents to the jurisdiction of this Court and further consent to the relief
provided by this Consent Final Judgment.
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3. The award of injunctive relief and other equitable relief is within the jurisdiction
of the Circuit Court and the amounts in controversy meet the jurisdictional threshold of the
Circuit Court.
4. Venue is proper in Broward County, Florida At all pertinent times, the
Defendant' business was and has been located in Broward County, Florida.
5. The Defendant, at all times which· are material hereto, solicited consumers within
the definitions of Section 50 1.203(7), Florida Statutes.
6. The Defendant, at all times material hereto, provided goods or services as defined
within Section 501.203(8), Florida Statutes, within the State of Florida and Broward County.
7. The Defendant, at all times material hereto, were engaged in a trade or commerce
within the definition of Section 50 1.203(8), Florida Statutes.
II. SCOPE OF CONSENT FINAL JUDGMENT
8. The ATTORNEY GENERAL . acknowledges by execution hereof that this
Consent Final Judgment constitutes a complete settlement of ·all of the ATTORNEY
GENERAL's civil claims against the Defendant, which cliims were asserted in the Complaint
and Amended Complaint filed in this case.
9. Nothing .herein constitutes approval by the ATIORNEY GENERAL of any
person or corporation's past or future business practices .. The Defendant shall not make any
representation contrary to this paragraph.
III. INJUNCTIVE TERMS
10. Final Judgment is hereby entered in favor of the Department and against the
Defendant for the acts and practices relating to the business of foreclosure rescue services, loan
cancelation, modification or other debt relief related to consumers' real estate and/or mortgages.
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11. The purpose of FDUTPA is to "protect the consuming public and legitimate
business enterprises from those who engage in unfair methods · of competition, or ·
unconscionable, deceptive, or unfair acts or practices in the conduct of any trade or commerce."
§501.202(2), Fla Stat. To that end, the Court hereby permanently and immediately ENJOINS
the Defendapt, as well as his officers, agents, servants, employees, attorneys, successors and ·
assigns acting on behalf of the Defendant as well as those persons in active concert or
participation with them who receive actual notice of this Order, directly or indirectly, from the
following:
a. Violating the provisions of Florida's Deceptive and Unfair Trade Practices
Act, as contained in Chapter 501, Part II, Florida Statutes.
b. Engaging in, or providing support or instruction for (fmancial or
otherwise) the business of foreclosure rescue services, loan cancelation, modification or other
debt relief, whether secured or unsecured, related to real estate and/or mortgages.
c. From advertising, marketing, soliciting and/or accepting funds from
consumers, making telephone sales calls to and/or apcepting contracts from consumers involving
foreclosure rescue services, loan cancelation, modification or other debt relief, whether secured
or unsecured, related to real estate and/or mortgages.
d . Affecting any change in the form of doing business or organizational
identity as a method for avoiding the terms and conditions set forth in this Consent Final
Judgment. ·
IV. MONETARY TERMS
12. The parties agree that Defendant Ferlanti shall pay the total sum of Thirty
Thousand Dollars ($30,000.00) to the Department in accordance with §. 501.207(6), Florida
Statutes ("Monetary Funds"). The Monetary Funds .shall be allocated in the discretion of the
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Attorney General pursuant to Section 501.207(6), Florida Statutes. All payments .shall be by
certified funds or cashier check made payable to Department of Legal Affairs Revolving Trust
Fund and delivered to Assistant Attorney General Fulvio Joseph Gentili, Office of the Attorney
General, Department of Legal Affairs, State of Florida, 110 S.E. 6th Street, 1 otn Floor~ Ft.
Lauderdale, Florida 33301 or to such address as the Attorney General may advise.
13. Defendant Ferlanti shall pay the sum of Thirty Thousand Dollars ($30,000.00) to
the Department in ten (10) monthly installments of $3000.00 each as set forth in paragraph 12,
starting on June 15, 2015 and continuing each month thereafter on the fifteenth (15th) day of the
month until payment in full.
14. This Consent Final Judgment constitutes the full and final resolution of all claims
which were. asserted or could have been asserted in this Action against the Defendant In
consideration of the disbursement of the. Monetary Funds described above and other good and
valuable consideration, the receipt and sufficiency of which is acknowJedged, Plaintiff
acknowledges ·by execution hereof that this Consent Final Judgment constitutes a complete
settlement of the Plaintiffs claims against the Defendant that arise from the allegations of the
Complaint and Amended Complaint.
V. BUSINESS RECORDS
15. From the date of the execution of this Consent Final Judgment by the Defendant,
all of the Defendant's records must be retained for a minimum of two (2) years~ The Defendant
shall maintain and make available to the Attorney General's representative, upon any reasonable
written request, all books, records and other documents, except privileged documents, in the
format in which they exist, which reflect the implementation of the terms of this Consent Final
Judgment and compliance with its terms. Any such records requested by the Attorney General
shall be made available for inspection within ten (1 0) business days of the Defendant's receipt of
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the request. The Defendant shall honor any request from the Attorney General to make such
records available without legal process.
VI. FUTURE VIOLATIONS
1'6. Notwithstanding any other pro,jsion of this Consent Final Judgment, the parties
further recognize that future violations of this Consent Final Judgment or of Chapter 501, Part II,
Florida Statutes, may subject the Defendant or their officers, directors and employees acting on
the Defendant' behalf to any and all civil penalties and sanctions provided by law, including
attorney's fees and costs.
17. Any failure to comply. with the terms and conditions of this Consent Final
Judgment is by statute prima facie evidence of a violation of Chapter 501, Part II, Florida
Statutes, and will subject the Defendant to any and all civil penalties and sanctions authorized by
law, including attorney's fees anct' costs. In the event that a court of competent jurisdiction makes
a detennination that a violation of any provision of this judgment has occurred, then the
Defendant shall be liable for an additional $500,000.00 (Five Hundred Thousand Dollars) in civil
penalties, in addition to any additionally awarded attorneys' fees and costs, and other relief, as
aliowed by law. The Department reserves the right to seek Chapter 501 penalties for any future
violation(s) of Chapter 501, Part II, Florida Statutes against the Defendant.
Vll. MISCELLANEOUS PROVISIONS
18. Nothing herein shall be construed as a waiver of any private rights, causes of
action, or remedies of any private person, business, corporation, government or 1egal entity
against the Defendant. Similarly, nothing contained herein shall waive the right of the Defendant
to assert any lawful defenses in response to a claim of a consumer.
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19. It is further agreed by the parties hereto that this Consent Final Judgment shall be
effective as of the date of its execution by the p~es hereto, including each of the parties
reflected by the signature lines below.
20. Notwithstanding any other provision of this Consent Final Judgment, nothing
herein shall be construed to impair, compromise or affect any right of any government agency
other than the OFFICE OF THE FLORIDA ATTORNEY GENERAL.
21 . Jurisdiction is retained for the purpose of enabling any party to this Consent Final
Judgment to apply to the Court at any time for such further orders and directions as might be
necessary or appropriate for the modification, construction, or implementation of the iJUunctive
provisions of this Consent Final Judgment, or, for the enforcement and punishment of violations
of any provisions hereof. The parties by stipulation may agree to a modification of this Consent
Final Judgment, which agreement shall be presented to this Court for consideration, provided
that the parties may jointly agree to a modification only by a written instrument signed by or on
behalf of both the ATTORNEY GENERAL and Defendant Ferlanti.
22. Notwithstanding the foregoing, the ATTORNEY GENERAL may institute an
action or proceeding to enforce the tenns and provisions of this Consent Final Judgment or to
take action based on future conduct by the Defendant. The fact that such conduct was not
expressly prohibited by the terms of this Consent Final Judgment ·shall not be a defense to any
such enforcement action.
23. Nothing in this Consent Final Judgment will be construed to limit the authority of
the A TIORNEY GENERAL to protect the interests of the State of Florida or the people of the
State of Florida. Accordingly, nothing herein relieves the Defendant of their continuing duty to
comply with applicable laws of the State of Florida nor constitutes authorization by the
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ATIORNEY GENERAL for the Defendant to engage in acts and practices prohibited by such
laws. This Consent Final Judgment shall be governed by laws of the State of Florida.
24. This Consent Final Judgment will not be effective until executed by the Director,
Consumer Protection Division, Richard Lawson, or his designee, at the signature line indicated
below.
25. The parties jointly participated in the negotiation of the tenns which are
articulated within this Consent Final Judgment. No provision of this Consent Final Judgment
shall be construed for or against either party on the grounds that one party or another was more
heavily involved in the preparation of the Consent Final Judgment, or had control over the
provisions included.
26. This document is signed in anticipation of the Consent Final Judgment b eing
s~bmitted to the Court for approval, without necessity of hearing, which is hereby WAIVED by
at: parties.
27. The signatures below indicate the parties' consent and agreement to this Consent
Final Judgmept.
28. It is further agreed that facsimile copies of signatures and notary seals may be
accepted as original for the purposes of establishing ·the existence of this Consent Final
Judgment. This Consent Final Judgment may be signed in counterparts, which together shall
constitute one Consent Final Judgment.
BY SIGNATURE, I hereby affirm that I am acting in my capacity and within my
authority as manager, and that by my signature I am binding the businesses to the terms and
conditions of this Consent Final Judgment.
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ANTHONY M. FERLANTI (L
Date: f114'{ ZL. . 2015 MAC DENNIS JR
T FERLANTI:
Date: fnA'i Zl '2015
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By: Fw~~·o;lcJo;s~epOJh~~en~tiiT·ui· ~~~~~==~~~~~--Florida Bar No. 0037493 Assistant Attorney General Consumer Protection Division Office of the Attorney General 110 SE 6th Street, s ·uite 1000 Ft. Lauderdale, Florida 33301
r--,~.,.£;1----bt--7' 2015
Director, Consumer .Protection Division Office of the Attorney General · The Capitol Tallahassee, FL 32399-1050 (850) 245~0140
Dated: _6....,.,Lr..__r-4-( _ __,, 2015
ENTRY OF JUDGMENT
DONE and ORDERED in Ft. Lauderdale, Broward County, Florida · this __ day of
---- - ----' 2015. Jua o Oale oss
JU 1 5 20f.i -::c-=-ir-cw-=-.-t J-u-:d-ge_D ___ al:-e_R_o-ss---~nuo Copy
cc: Roderick F. Coleman, Esq. Florida Bar No: 371270
An~ew M. Schwartz, Esq. Florida Bar No: 821802
Fulvio Joseph Gentili, Esquire Assistant Attorney General Florida Bar No. 0037493
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