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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