Attorney No. 99000 STATE OF ILLINOIS IN THE CIRCUIT COURT OF COOK COUNTY COUNTY DEPARTMENT - CHAN CERY DIVISION THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, v. FIRST AMERICAN TAX DEFENSE, LLC, a Delaware Limited Liability Company not authorized to transact business in Illinois; GUSTAVO MONTES, individually, and as the Single Member of FIRST AMERICAN TAX DEFENSE, LLC, Defendants. Case No. 2014 CH 11483 Hon. Thomas R. Allen Judge Presiding Calendar 10 FINAL JUDGMENT AND CONSENT DECREE Plaintiff, THE PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney General of Illinois, ?led a Complaint for lnjunctive and Other Relief (?Complaint") against Defendants FIRST AMERICAN TAX DEFENSE, LLC and GUSTAVO MONTES (collectively, ?Defendants?), for violations of the Consumer Fraud and Deceptive Business Practices Act (?Consumer Fraud Act?), 815 ILCS 505/1 et seq., the Credit Services Organizations Act, 8151LCS 605/ 1 et seq., and the Debt Settlement Consumer Protection Act (?Debt Settlement Act?), 225 ILCS 429/1 et seq. NOW THEREFORE, with the consent of all parties hereto, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: FINDINGS 1. This Court has jurisdiction over the subject matter of the Complaint having been ?led herein and over all parties to this Final Judgment and Consent Decree. 2. Venue in this county is proper pursuant to Section 2-101 of the Illinois Code of Civil Procedure, 735 ILCS 5/1-101. 3. FATD, at all times relevant hereto, engaged in trade and commerce within the meaning of the Consumer Fraud Act, 815 by advertising and offering student loan debt relief services in Illinois, and elsewhere. 4. MONTES has denied any liability with respect to the Complaint, but desires to settle all matters alleged in the Complaint without ?mher litigation. 5. This Final Judgment and Consent Decree re?ects the negotiated agreement of all parties, without any ?ndings of wrong-doing being made as to MONTES. 6. Defendants acknowledge that they have read and understand the terms and conditions of this Final Judgment and Consent Decree, and understand the legal obligations imposed on them. Defendants further acknowledge that a violation of this Final Judgment and Consent Decree may result in proceedings against them, including but not limited to, an action for contempt of court. DEFINITIONS 7. Except as hereinafter stated and unless a different meaning of the term is clear from its context, the de?nitions of terms used in this Final Judgment and Consent Decree shall be the same as those used in the Consumer Fraud Act, 815 505/1 et seq., the Credit Services Organizations Act, 815 605/1 et seq., and the Debt Settlement Act, 225 ILCS 429/1 et seq. INJUNCTIVE RELIEF 8. MONTHS, his agents, servants, employees, and those persons or entities in active concert or participation with MONTES, are hereby permanently enjoined ?om: A. Engaging in the trade or commerce of advertising, soliciting, offering for sale and selling services relating to the modi?cation, alteration of any repayment term or obligation, or the consolidation of student loans within, or from within, the State of Illinois; B. Engaging in working for, or assisting others in the advertising, soliciting, offering for sale and selling services relating to the consolidation, modi?cation, or alteration of any repayment term or obligation of student loans within, or from within, the State of Illinois; C. Selling,'or attempting to sell, the services of a Credit Services Organization before registering as a Credit Services Organization, as required by the Credit Services Organization Act, 815 ILCS 605/1 et seq.; D. Engaging in, or representing to be engaged in, the business of providing debt settlement services before obtaining a license as a Debt Settlement Provider, as required by the Debt Settlement Act, 225 ILCS 429/1 et seq. 9. ATD and any of its subsidiaries, af?liates, assigns, predecessors, successors, sibling Corporations, of?cers, agents, employees, partners, and independent contractors acting on behalf of Defendants, whether under the name of FATD or any other name, are hereby permanently enjoined ?om: A. Operating in the State of Illinois; B. Engaging in advertising, soliciting, offering for sale and selling student loan debt settlement and relief services in the State of Illinois. 10. Defendants, their successors, assigns, of?cers, agents, servants, employees, and those persons in active concert or participation with Defendants are hereby permanently enjoined from disclosing, using, or bene?tting from customer information, including the name, address, telephone number, email address, social security number, and any other identifying information, that Defendants obtained prior to the entry of this Final Judgment and Consent Decree, in connection with the advertising, soliciting, offering for sale and selling student loan debt settlement and relief services. 11. Defendants, their successors, assigns, of?cers, agents, servants, employees, and those persons in active concert or participation with Defendants shall, within 30 days after receipt of written direction to do so from a representative of the Plaintiff, destroy such customer information in all forms in their possession, custody, or control; provided, however, that customer information need not be disposed of, and may be disclosed, to the extent requested by a government agency or required by law, regulation, or by court order. 12. All alleged contracts or agreements between ATD and its agents, employees and/or representatives and consumers who have purchased Defendants? services, are hereby rescinded and set aside. RESTITUTION 13. A judgment for restitution is entered in favor of the Plaintiff and against ATD in the amount of Forty Thousand At or before the entry of this Final Judgment and Consent Decree, payment of this amount shall be tendered to the Plaintiff in the form of a cashier?s or certi?ed check made payable to the ?Attorney General Consumer Trust Account,? by hand-delivery to the attention of the Attorney General of Illinois, Consumer Fraud Bureau, 100 West Randolph Street, 12?1 Floor, Chicago, Illinois. Upon receipt of payment, restitution shall be disbursed to the named consumers in the stated amounts: Consumers Restitution Alesia Thomas $650.82 Angela Bustamante-Mills $650.82 Angelica Wright $455.3 8 Anthony Petersen $521.18 Barbie Clark $520.53 Bessie Mack $455.38 Brandon Grant $455.38 Bryan Musser Jr. $520.53 Bryant Knoll $650.82 Candice Walker $650.82 Charles Brown $650.82 Charles Johnston $585.68 Charles Prince $650.82 Charonda Caudle $650.82 Christopher Devore $650.82 Courtney House $455.38 Daniel Sanders $455.38 David Bon Ness $781.12 Deanne Theodore $781.77 Debra Hart $650.82 Delores Highley-Lane $455.38 Gabrielle Rivera $455.38 Gary Mayberry $651.48 Gerron Kelly $456.03 Giovannie Benbow $650.82 Glenn Mallory $651.48 Graydon Jefferson $651.48 Gwendolyn Miles $488.61 Harold Ablorh $455.38 Jamie Sell $455.38 Jasmine Smart $325.09 Jeff Shipman $390.89 Jessica Mason $455.38 Joe Mobley $650.82 John Hewitt $455.38 John Lewis $650.82 Jorge Rocha $781.12 Juan Thurmond $781.12 Juanell Stennis $521.18 Keyshia Williams $650.82 Beard $455.38 Larry Mooney $520.53 Latoria Smith $781.12 Letitia Hill-Brandon $455.38 Lita Moore $520.53 Lluvia Zavala $651.48 Louis Borden $650.82 Louis Dealba $520.53 Lucinda Ross $716.62 Marlin Cossom $650.82 Melody Harris $521 . 18 Michael McMillan $651.48 Michael Zintak $521.18 Michelle Diericks $650.82 Michelle Russell-Hill $455.38 Mike Tackes $456.03 Monica Dunn $521.18 Natalie Spruiel $650.82 Nia Taylor $520.53 Nicole Clark (Clerk) $651.48 Nicole Fagan $455.38 Patrice Williams $521.18 Paul Gaglione $455.38 Phil Arndt $520.53 Phillip Powell $455.38 Rachel Weed $390.23 Renaldo Hernandez $455.38 Sayla Thach $650.82 Tina Tutton $520.53 Veleish Taylor-Little $781.77 William Miller $390.89 Total: $40,000.00 Defendants are not entitled to any ?irther accounting of the monetary payment required by this Final Judgment and Consent Decree. Final Judgment and Consent Decree. JURISDICTION RETAINED with this Final Judgment and Consent Decree, which enforcement shall be solely upon application of the Attorney General or her successor in of?ce. mm 16. Pursuant to Illinois Supreme Court Rule 304(a), this is a ?nal order and no just reason exists to delay enforcement or appeal of this Final Judgment and Consent Decree. SO ORDERED: 20%? ted: D3 Honorable Thomas R. Allen Circuit Judge 7 -- 11?s or." i 34.. it: tartan-43 I Qii .i 5:1. $1.9 151' la 5 i I ?mm-4 3? pl, ,3 2.33513" rmsusrr HF cows.? is IL DEPUTY l- . o' um. .- .. SO STIPULATED AND AGREED: Attorneys for Plaintiff People of the State of Illinois By Lisa Madigan, Attorney General of Illinois Dated: 8 /0 5 Consumer Fraud Bureau Chief Andy Dougherty Joseph Pham Assistant Attorneys General Consumer Fraud Bureau 100 West Randolph Street, 12th ?oor Chicago, Illinois 60601 Attorney No. 99000 11 His, SO STIPULATED AND AGREED: Defendants FIRST AMERICAN TAX DEFENSE, LLC, and GUSTAVO MONTES, individually, and as the Single Member of FIRST AMERICAN TAX DEFENSE, LLC. Attorney for FIRST A ERICAN TAX DEFENSE, LLC Anthony Campanale Associates 155 N. Michigan Avenue, Suite 515 Chicago, IL 60601 Phone: (312) 641-2233 Attorney No. 40147 0% A Dated: ScottM Levin' I Attorney for GUSTAVO MONTES, Individually Howard Howard Attorneys, PLLC 200 South Michigan Avenue, Suite 1100 Chicago, IL 60604 Phone: (312) 456-3418 Attorney No. 46359 4826-9109-9169. V. 4