STATE OF NORTH DAKOTA COUNTY OF BURLEIGH STATE OF NORTH DAKOTA EX REL. WAYNE STENEHJEM, ATTORNEY GENERAL, Petitioner, -VS- HEROES PAC dbe VOLUNTEER FIREFIGHTERS ASSOCIATION, Respondent TO: HEROES UNITED PAC IN DISTRICT COURT SOUTH CENTRAL JUDICIAL DISTRICT Civil No. ASSURANCE OF VOLUNTARY COMPLIANCE CPAT 180130.001 dba VOLUNTEER FIREFIGHTERS ASSOCIATION 1629 Street NW, Suite 300 Washington, DC 20006 1. WHEREAS Wayne Stenehjem, Attorney General of the State of North Dakota (hereinafter "Attorney General"), acts in the public interest pursuant to North Dakota Century Code chs. 51-15 (commonly referred to as the Consumer Fraud Statute) and ch. 51?28 (commonly referred to as the "Do Not Call Law"); 2. WHEREAS Respondent is Heroes United PAC dba Volunteer Fire?ghters Association, a Political Action Committee with its principal mailing address at 1629 Street NW, Suite 300, Washington, DC 20006 and Matthew Greenlee is the Director of . Heroes United PAC dba Volunteer Firefighters Association. 3. WHEREAS N.D.C.C. ch. 51-28, specifically N.D.C.C. 51-28-02, prohibits certain calls using automatic dialing-annooncing devices (?prerecorded messages or robe?calls?) to telephone subscribers in North Dakota; 4. WHEREAS the Attorney Generai has received consumer complaints and/or other information alieging Respondent engaged in prerecorded message calls contrary to North Dakota law; 5. WHEREAS violations of N.D.C.C. ch. 51-28 are violations of N.D.C.C. ch. 51-15; 6. WHEREAS as a result of its investigation the Attorney General alleges Respondent has violated N.D.C.C. chs. 51~28 and 51?15; and 7. WHEREAS the parties desire to settle this matter without further investigation and litigation and any admission of liability by Respondent; NOW THEREFORE it is hereby agreed: 8. This Assurance of Voluntary Compliance shall constitute the statutory assurance of discontinuance as provided in N.D.C.C. 51-15-06.1. Respondent acknowledges in personam jurisdiction in North Dakota for the purpose of entry and enforcement of this Assurance of Voluntary Compliance. Nothing in this Assurance of Voluntary Compliance is, or may be represented as, an approval or endorsement of Respondent or its business practices, nor a grant of any affirmative right to Respondent. Nothing in this Assurance of Voluntary Compliance is intended to waive any rights or private remedies available to consumers. See also N.D.C.C. 51?15-09. 9. Respondent, its directors, officers, principals, employees, agents, contractors, servants and all other persons in active concert or participation with it, directly or indirectly, voiuntarily agree to be and are permanently enjoined from making telephone calls in violation of North Dakota law. 10. Respondent, its directors, officers, principals, employees, agents, contractors, servants and all other persons in active concert or participation with it, directly or indirectly, votuntarily agrees to be and is permanently enjoined from engaging in violations of N.D.C.C. ch. 51-28. 11. Upon execution of this agreement, Respondent agrees to pay the Attorney General, in lieu of civil penalties, investigation costs, and attorney fees, the sum of Three Thousand Dollars and hie/100 with One Thousand Doltars and hie/100 suspended pending no further violation of North Dakota law. Payment shall be the form of a certified check or money order payable to foice of Attorney Generai - North Dakota, and delivered to: Farrell D. Grossrnan Director Consumer Protection Antitrust Division Office of Attorney General Gateway Professional Center 1050 Interstate Ave, Ste 200 Bismarck, ND 58503?5574 12. Respondent agrees it wilt compiy with this Assurance of Voiuntary Compliance and further acknowledges and agrees any vioiations of this Assurance of Voluntary Compliance, as determined by a State of North Dakota District Court, shall be punishable as contempt of court pursuant to N.D.C.C. ch. 27-10 and Respondent further may be subject to all other civil penalties and sanctions provided bylaw, including attorney fees and costs. Respondent agrees to pay a civil penalty of at least $500.00 per violation for any violations of this Assurance of Voluntary Compliance, or any future violations of N.D.C.C. ch. 51-28; provided, however, the Attorney Generat shall not be precluded from seeking more than $500.00 per violation, or any other remedies provided in N.D.C.C. chs. 51~15 or 51-28, or other North Dakota law. 13. If Respondent is adjudged in contempt of court for violations of this Assurance of Voluntary Compliance, adjudged in violation of this Assurance of Voluntary Compliance or adjudged in violation of N.D.C.C. chs. 51-15 or 51-28, Respondent shall also be responsible for payment to the Attorney General for reasonable investigation costs, expenses, and attorney fees. 14. In the event of a breach of this Assurance of Voluntary Compliance, the Attorney Generai may, without further notice to Respondent, make application to a State of North Dakota District Court to have the entire amount still owing under the Assurance of Voluntary Compliance entered as a formal judgment so it may be filed on the judgment roll and docketed pursuant to North Dakota law. See N.D.C.C. 28-20-11, -12 and -13. Respondent agrees that an Affidavit of Non-Compliance of the Office of Attorney General shall be prima facie evidence of each violation of this Assurance of Voluntary Compliance. 15. Respondent represents the signer below is competent and fully authorized to act on behalf of Respondent. Respondent acknowledges it has been provided the opportunity to review this Assurance of Voluntary Compliance with an attorney, understands the implications and obligations imposed by it and have freely and willingly entered into this Assurance of Voluntary Compliance. Respondent further acknowledges and agrees this Assurance of Voiuntary Compliance may be approved by and filed with the State of North Dakota District Court without any further notice or hearing. Signatures transmitted eiectronicaiiy or via facsimile by Respondent shall be deemed the equivalent of original signatures; this document may be executed in countetparts, with each counterpart deemed an original. Dated this q-quay of SE 2018. HEROES UNITED PAC DEA VOLUNTEER FIREFEGHTERS MQ wank (print name) Its: Emu/Ere (title) STATE OF TM COUNTY OF Su scribed and swam to before me this," This Assurance of Voluntary Compliance is hereby received and accepted. Dated this team, of July, 2018. STATE OF DAKOTA Wayne Stenehjem At grey General Parrell D. Grossman State lD No. 04684 Assistant Attorney General Director Consumer Protection Antitrust Division Gateway Professional Center 1050 Interstate Ave, Ste 200 Eismarok, ND 58503-6574 Telephone (701) 328-5570 Facsimile (701) 328-5568 pgrossmen?ndgov Attorneys for Petitioner