IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR SEMINOLE COUNTY, FLORIDA CIVIL ACTION
STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS,
Plaintiff, CASE NO: 2013-CA-2183-16w v.
PREMIUM MARKETING SOLUTIONS, INC. d/b/a PREMIUM TIMESHARE EXCHANGE, d/b/a PREMIUM MANAGEMENT SOLUTIONS, LTD., a Florida Corporation; and JAMES TONER, and SCARLETT TONER individuals
Defendants. ------~/ STIPULATION TO ENTRY OF CONSENT ORDER
Plaintiff and Defendants hereby stipulate to the settlement of this action upon the terms and conditions described below:
1. The Parties consent to the jurisdiction of this Court to resolve the above captioned matter.
2. The Parties consent to the entry of the Consent Order and Permanent Injunction
("Order"), a copy of which is attached hereto and incorporated herein and waive all rights to appeal.
3. The attached Order along with this Stipulation to Entry of Consent Order may be presented to the Court by either Plaintiff's or Defendants' counsel ex parte for signature and entry at any time after execution.
Page 1 of2 4. The entry of the Order does not constitute a waiver of or release from any private
legal rights, causes of action, or claims for remedies that any third party might raise against
Defendants.
WHEREFORE, Plaintiff and Defendants request this court to accept and adopt the Consent
Order and Pennanent Injunction.
By Stipulation:
Counsel for Plaintiff: ,tL~JIL--- !;lfrrett D. Brock by James Toner, Owner V Assistant Attorney General Fla. Bar No. 0022369 Office ofthe Attorney General 135 W. Central Blvd., Suite 1000 Orlando, FL. 32801 Telephone: (407)-245-0833 Fax: ( 407)-245-0365 Email: [email protected]
Andrew ove Fla. Bar No: 562122 Cove and Associates, P .A. 225 S. 21st Ave. Hollywood, FL 33020 Telephone: (954)-921-1121 Fax: (954)-921-1621 Email: [email protected]
Page 2 of2 IN TilE CIRCUIT COURT OF Tiffi EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR SEMINOLE COUNlY, FLORIDA CIVIL ACTION
STATE OF FLORIDA OFFICE OF Tiffi ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS,
Plaintiff, CASE NO: 2013-CA-2183-16w · v.
PREMIUM MARKETING SOLUTIONS, INC. d/b/a PREMIUM TIMESHARE EXCHANGE, d/b/a PREMIUM MANAGEMENT SOLUTIONS, LTD., a Florida Corporation; and JAMES TONER, and SCARLETI TONER individuals
Defendants. ------1 CONSENT ORDER AND PERMANENT INJUNCTION
THIS CAUSE came before this Court on August 21,2013 on the parties' Stipulation to this Consent Order and Pennanent Injunction (the "Order"), and the Court being otherwise fully advised in the premises,
IT IS ORDERED AND ADJUDGED as follows:
L GENERAL PROVISIONS
1.1 This Court has personal jurisdiction and subject matter jurisdiction over this action pursuant to Section 501.207, Florida Statues (2012). Venue is proper in Seminole County,
Florida. The Court shall retain jurisdiction over the parties and the subject matter to enforce the terms of this Order and enter such further orders as may be deemed necessary or appropriate.
1.2 The parties shall comply with all terms and conditions set forth in this Order 1.3 Defendants' consent to this order shall not constitute an admission of wrongdoing
or violation of Florida Statutes Chapter 501 or any other law, rule, or regulation.
1.4 Pursuant to Section 60.08, Florida Statutes (2012), Plaintiff, as a state agency, is
not required to post a bond in order to obtain the injunctive relief provided in this Order.
D. PERMANENT INJUNCTION
2.1 Defendants James Toner and Scarlett Toner are permanently enjoined from
directly or indirectly operating, managing, owning, directing, controlling, or maintaining a
fmancial interest in any business or entity that markets or provides any timeshare resale
advertising service as defined in Section 721.05(50), Fla. Stat. (2012), and managing or
supervising any person employed by such business or entity.
2.2 Defendants shall immediately cease all promotion, marketing or solicitation of
consumers for their timeshare resale advertising services. Notwithstanding the injunction in
paragraph 2.1, Defendants may continue to provide timeshare resale advertising services to only
existing customers who have entered into a contract prior to the date of this order, provided however, Defendants shall not charge or attempt to charge any additional monies from such existing customers.
2.3 Defendants shall immediately modify their website,
(www.premiumtimeshareexchange.com), to prominently display the following message:
"Premium Timeshare Exchange is not accepting new customers. Premium Timeshare Exchange will continue to provide advertising services to existing customers at no additional fee."
2.4 In all future business, Defendants James Toner and Scarlett Toner shall make audio recordings of the entirety of any and all Commercial Telephone Solicitations, as defined by Section 501.603(1) Florida Statute (2012) and regulated by Chapter 501 Part IV, Florida
Page2 of6 Statutes (2012), conducted by either of them or any person acting under their direction, control,
or supervision. Such recordings shall be maintained by Defendants James Toner and Scarlett
Toner for a period of at least 2 years and shall be kept in such a manner as to readily identify the
name ofthe consumer called and the date of the Commercial Telephone Solicitation.
m MONETARYTERMS
3.1 Defendants shall pay the sum Fifteen Thousand, Six Hundred Eighty-eight dollars
and no/100 Dollars ($15,688.00) as restitution for consumers who completed sworn affidavits for
the Plaintiff. Within five (5) days from the date that this Order is signed, the Plaintiff shall send
to the Defendants a list of consumers to which Defendants shall make restitution payments and
the amount of each required payment ("Restitution List").
3.2 Payment of restitution shall be completed within thirty (30) days from the date
that this Order is signed. Defendants shall provide proof of each restitution payment to Plaintiff
within forty-five (45) days from the date this Order is signed. Acceptable proof must
conclusively show that payment was received by the consumer. Plaintiff will accept proof of any
restitution payments made prior to the signing of this Order.
3.3 Defendants shall use their best efforts to locate each consumer listed on the
Restitution List. If Defendants are unable to locate any consumers on the Restitution List,
Defendants shall pay the restitution amounts for such consumers to the Plaintiff within forty-five
(45) days from the date that this Order is signed. Any restitution funds defaulting to the Plaintiff
shall be used by the Plaintiff to cover litigations costs and attorneys incurred in this matter.
3.4 Within ten (10) days from the date that this Order is signed, Defendants shall, to resolve the litigation initiated by Plaintiff, pay Seventeen Thousand Dollars and no/100
($17,000.00) as charitable contribution to Seniors vs. Crime, Inc. Payment made pursuant to this
Page 3 of6 paragraph shall be in the form of certified ftmds made payable to Seniors v. Crime, Inc and sent
to Plaintiff.
IV. MONETARYDEFAULT
4.1 All payments are owed and due upon the dates specified within this Order. Time
is off the essence with regards to all payments owed to the Plaintiff and consumers by
Defendants.
4.2 Any payment not received within five (5) calendar days from its due date shall be
considered a default under the terms of this Order. Upon default, the entire outstanding balance
of all payments owed to the Plaintiff as well as any outstanding restitution as described in
paragraph 3.1 shall immediately become due and owing. In the event of default, the Plaintiff
shall be entitled to obtain a final judgment for the outstanding amounts due and owning. The
Department may obtain final judgment based an affidavit of non-payment from the Department
filed with the court and at an ex-parte hearing after giving Defendants at least 10 (ten) days prior
notice of the hearing.
4.3 In the event that Defendants default pursuant to paragraph 4.2 of this Order, the
Plaintiff may, in addition to the relief provided for in paragraph 4.2 of this Settlement
Agreement, seek the imposition of civil penalties in the amount of up to Two Hundred Thousand
Dollars and 00/100 ($200,000.00), pW"Suant to Section 501.2075, Florida Statute (2012), against
Defendants. Any award of civil penalties shall be reduced to a civil judgment by this Court.
4.4 Any monies due pW"Suant to Sections III or IV of this Order shall be the joint and several obligation of each Defendant named in this action.
Page4 of6 V. RELEASE OF FROZEN FUNDS
5. All monies previously frozen by order of this Court dated May 23, 2013 shall be
immediately released to the Defendants. Any financial institution holding monies pursuant to the
May 23,2013 order shall release those funds to the Defendants upon receipt of this Order.
VI. RELEASE
6. Upon entry of this Order, the Department agrees to release any and all claims,
demand, rights, and causes of action of any kind, nature, or description whatsoever that it may
have against Defendants arising from, based upon, or relating to the allegations contained in the
Department's complaint, except those which may arise from the terms and conditions of this
order.
VII. NOTICES AND PAYMENTS
7. All notices and payments (except restitution payments made directly to consumers
identified in the Restitution List) described within or arising from this Order, including but not
limited to notices of hearings, shall be sent to counsel for the parties at the addresses provided below. A notice addressed in accordance with this paragraph shall be deemed received upon the date postmarked.
TilE PLAINTIFF: THE DEFENDANTS:
Jerrett D. Brock Andrew N. Cove Office of the Attorney General Cove & Associates, P.A. 135 W. Central Blvd., Suite 1000 225 S. 21st Ave. Orlando, FL 32801 Hollywood, FL 33020 Email: [email protected] Email: [email protected]
Page 5 of6 DONE AND ORDERED in ehambers of Orlando, Orange County, Florida this_ day of ______...;~2013. t7{a-£S Honorable F. Rand Waltis, Cireuit Judge
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Page 6 of6 s~.,..~) 5'"~·'vv\ lR . DONE AND ORDERED in chambers of6II.tJMio,~ounty, Florida this Z.l day of A.,) f);'J ''> r ' 2013.
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