Bureau of Consumer Financial Protection v. GST Factoring, Inc. et al, No. 8:2020cv01239 - Document 25 (C.D. Cal. 2020)

Court Description: STIPULATED FINAL JUDGMENT AND ORDER AS TO DEFENDANT GREGORY TRIMARCHE by Judge David O. Carter, in favor of Bureau of Consumer Financial Protection against Gregory Trimarche. A judgment for monetary relief is entered in favor of the Bureau and aga inst Defendant in the amount of $11.8 million for the purpose of providing redress to Affected Consumers; Defendant must pay a civil money penalty of $1 to the Bureau. Related to: Joint NOTICE OF MOTION AND MOTION for Judgment Entry of Stipulated Final Judgment and Order as to Defendant Trimarche 8 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)

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Bureau of Consumer Financial Protection v. GST Factoring, Inc. et al Doc. 25 1 JEFFREY BLUMBERG 2 Email: Jeffrey.blumberg@cfpb.gov Phone: 202-435-9687 3 REBECCA COLEMAN 4 Email: rebecca.coleman@cfpb.gov Phone: (202) 435-7541 5 1700 G Street NW 6 Washington, DC 20552 Fax: (202) 435-7722 7 8 LEANNE HARTMANN, CA Bar # 264787 - Local Counsel 9 301 Howard St., Suite 1200 San Francisco, CA 94105 10 Email: leanne.hartmann@cfpb.gov 11 Phone: (415) 844-9787 Fax: (415) 844-9788 12 13 Attorneys for Plaintiff Bureau of Consumer Financial Protection 14 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 15 16 Bureau of Consumer Financial 17 Protection, 18 Plaintiff, 19 20 v. Case No. 8:20-cv-01239 -DOC STIPULATED FINAL JUDGMENT AND ORDER AS TO DEFENDANT GREGORY TRIMARCHE [8] 21 GST Factoring, Inc.; Champion 22 Marketing Solutions, LLC; Rick Graff; 23 Gregory Trimarche; Scott Freda; Amanda Johanson; David Mize; Jacob 24 Slaughter; and Daniel Ruggiero; 25 Defendants. 26 27 28 The Bureau of Consumer Financial Protection (the Bureau), commenced this civil action on July 13, 2020 to obtain injunctive and monetary relief and civil penalties. The Dockets.Justia.com 1 Complaint alleges violations of the Telemarketing and Consumer Fraud and Abuse 2 Prevention Act, 15 U.S.C. §§ 6101 et seq., and its implementing rule, the Telemarketing 3 Sales Rule, 16 C.F.R. Part 310, in connection with the sale of telemarketed debt-relief 4 services. 5 The Bureau and Defendant Gregory Trimarche (Defendant) agree to entry of this 6 Stipulated Final Judgment and Order (Order), to settle and resolve all matters in dispute 7 arising from the conduct alleged in the Complaint. 8 9 I. FINDINGS 10 1. This Court has jurisdiction over the parties and the subject matter of this 11 action and venue is proper in this jurisdiction under 28 U.S.C. § 1391(b) and (c), and 12 12 U.S.C. § 5564(f). 13 2. Defendant neither admits nor denies the allegations in the Complaint, except 14 as specifically stated herein. Defendant admits the facts necessary to establish the 15 Court’s jurisdiction over him and the subject matter of this action. 16 3. The Complaint alleges claims upon which relief may be granted. 17 4. The relief provided in this Order is appropriate and available pursuant to 18 sections 1054 and 1055 of the Consumer Financial Protection Act (CFPA), 12 U.S.C. §§ 19 5564 and 5565. 20 5. Defendant waives all rights to seek judicial review or otherwise challenge or 21 contest the validity of this Order and any claim he may have under the Equal Access to 22 Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action to the date of this 23 Order. Each party agrees to bear its own costs and expenses, including, without 24 limitation, attorney’s fees. 25 6. Entry of this Order is in the public interest. 26 27 28 1 1 II. DEFINITIONS 2 7. The following definitions apply to this Order: 3 4 5 6 a. “Affected Consumer” means a consumer who paid fees pursuant to an Engagement Agreement. b. “Assisting Others” includes, but is not limited to: i. formulating or providing, or arranging for the formulation or 7 provision of, any advertising or marketing material, including, but 8 not limited to, any telephone sales script, direct mail solicitation, or 9 the text of any Internet website, email, or other electronic 10 11 12 13 14 15 16 17 18 19 communication; ii. formulating or providing, or arranging for the formulation or provision of, any marketing support material or service, including web or Internet Protocol addresses or domain name registration for any Internet websites, affiliate marketing services, or media placement services; iii. consulting in any form whatsoever; iv. providing names of, or contributing to the generation of, potential customers; 20 v. participating in or providing services related to the offering, sale, 21 or servicing of a product, or the collection of payments for a 22 product; 23 24 25 26 27 vi. acting or serving as an owner, officer, director, manager, principal, partner, or limited partner of any entity; and vii. investing or loaning money. c. “Consumer Financial Product or Service” is synonymous in meaning and equal in scope to the definition of the term in Section 1002(5) of the 28 2 1 CFPA, 12 U.S.C. § 5481(5), and, subject to applicable restrictions 2 contained in the CFPA, includes, but is not limited to: 3 i. Extending credit and servicing loans, including acquiring, 4 purchasing, selling, brokering, or other extensions of credit (other 5 than solely extending commercial credit to a person who originates 6 consumer credit transactions); 7 ii. Providing financial advisory services to consumers on individual 8 financial matters or relating to proprietary financial products or 9 services, including providing credit counseling to any consumer or 10 providing services to assist a consumer with debt management or 11 debt settlement, modifying the terms of any extension of credit, or 12 avoiding foreclosure; 13 iii. Collecting, analyzing, maintaining, or providing consumer report 14 information or other account information, including information 15 relating to the credit history of consumers, used or expected to be 16 used in connection with any decision regarding the offering or 17 provision of a Consumer Financial Product or Service; or 18 iv. Collecting debt related to any Consumer Financial Product or 19 20 21 22 Service. d. “Corporate Defendant” means GST Factoring, Inc., and its successors and assigns. e. “Current Consumer” means any Affected Consumer i) who still owes 23 payments under the terms of his or her Engagement Agreement as of the 24 Effective Date; or ii) for whom the Debt-Relief Service under his or her 25 Engagement Agreement has not been completed as of the Effective Date. 26 f. “Debt-Relief Service” means any program or service represented, directly 27 or by implication, to renegotiate, settle, or in any way alter the terms of 28 payment or other terms of the debt or obligation, including, but not 3 1 limited to a reduction in the balance, interest rate, or fees owed by a 2 consumer to an unsecured creditor or debt collector. 3 4 5 g. “Defendant” means Gregory Trimarche, and by any other names by which he might be known. h. “Designated Attorney” means an attorney who entered into an 6 Engagement Agreement with a consumer or who has provided a Debt- 7 Relief Service to a consumer pursuant to an Engagement Agreement. 8 i. “Effective Date” means the date on which this Order is entered by the 9 10 Court. j. “Enforcement Director” means the Assistant Director of the Office of 11 Enforcement for the Bureau of Consumer Financial Protection, or his or 12 her delegate. 13 k. “Engagement Agreement” means an agreement to provide a Debt-Relief 14 Service relating to private student-loan debt, the receivables from which 15 were assigned to Corporate Defendant through a factoring agreement. 16 l. “File” means the materials retained by a Designated Attorney or any third 17 party on a Designated Attorney’s behalf relating to a Current Consumer 18 for use in providing a Debt-Relief Service to the Current Consumer in 19 whatever form those materials are kept, including electronically stored 20 information. 21 m. “Person” means an individual, partnership, company, corporation, 22 association (incorporated or unincorporated), trust, estate, cooperative 23 organization, or other entity. 24 n. “Related Consumer Action” means a private action by or on behalf of 25 one or more consumers or an enforcement action by another 26 governmental agency brought against Defendant based on substantially 27 the same facts as described in the Complaint. 28 4 1 o. “Settling Attorneys” means Designated Attorneys against whom Stipulated Judgments have been entered in this action. 2 3 p. “Telemarketing” means a plan, program, or campaign which is conducted 4 to induce the purchase of goods or services or a charitable contribution, 5 by use of one or more telephones and which involves more than one 6 interstate phone call. 7 8 9 10 11 CONDUCT PROVISIONS III. BAN ON DEBT-RELIEF PRODUCTS AND SERVICES IT IS ORDERED that: 8. Defendant, whether acting directly or indirectly, is permanently restrained and enjoined from: a. Advertising, marketing, promoting, offering for sale, selling, or providing 12 any Debt-Relief Service; 13 b. Assisting Others in advertising, marketing, promoting, offering for sale, 14 selling, or providing any Debt-Relief Service; or 15 c. Receiving any remuneration or other consideration from, holding any 16 17 ownership interest in, providing services to, or working in any capacity 18 for any Person that is engaged in advertising, marketing, promoting, 19 offering for sale, selling, or providing any Debt-Relief Service. 20 21 22 23 24 Nothing in this Order shall be read as an exception to this Paragraph. IV. BAN ON TELEMARKETING IT IS FURTHER ORDERED that: 9. Defendant, whether acting directly or indirectly, is permanently restrained and enjoined from: 25 a. Telemarketing any Consumer Financial Product or Service; 26 b. Assisting Others in Telemarketing any Consumer Financial Product or 27 Service; or 28 5 1 c. Receiving any remuneration or other consideration from, holding any 2 ownership interest in, providing services to, or working in any capacity 3 for any Person that is engaged in Telemarketing any Consumer Financial 4 Product or Service. 5 6 Nothing in this Order shall be read as an exception to this Paragraph. V. 7 8 9 INJUNCTION CONCERNING COLLECTING PAYMENTS FROM AND PROVIDING ASSISTANCE FOR AFFECTED CONSUMERS IT IS FURTHER ORDERED that: 10. As of the Effective Date, Defendant, and his agents, servants, employees, 10 and attorneys, and all other persons in active concert or participation with any of them, 11 who receive actual notice of this Order, whether acting directly or indirectly, are 12 permanently restrained and enjoined from charging fees to Affected Consumers or 13 collecting, attempting to collect, or selling, assigning, or otherwise transferring any right 14 to collect payment from any Affected Consumer. 15 11. Defendant must provide any assistance needed by the Settling Attorneys to: 16 a. cease charging fees to, or collecting payments from, Current Consumers; 17 b. provide refunds to Current Consumers who were charged after the Effective Date; 18 19 c. send notices to Current Consumers; and 20 d. provide Current Consumers free access to their Files. 21 22 23 VI. PROHIBITED USE OF CONSUMER INFORMATION IT IS FURTHER ORDERED that: 12. Defendant, and his agents, servants, employees, and attorneys, who receive 24 actual notice of this Order, whether acting directly or indirectly, may not disclose, use, or 25 benefit from, consumer information, including the name, address, telephone number, 26 email address, social security number, other identifying information, or any data that 27 enables access to a consumer’s account (including a credit card, bank account, or other 28 financial account) of any person that Defendant obtained prior to the Effective Date in 6 1 connection with the advertising, marketing, promotion, offering for sale, sale, or 2 providing of any Debt-Relief Service. However, consumer information may be disclosed 3 if requested by a government agency or required by law, regulation, or court order. 4 5 6 7 MONETARY PROVISIONS VII. ORDER TO PAY REDRESS IT IS FURTHER ORDERED that: 13. A judgment for monetary relief is entered in favor of the Bureau and against 8 Defendant in the amount of $11.8 million for the purpose of providing redress to 9 Affected Consumers; however, full payment of this judgment will be suspended upon 10 satisfaction of the obligations in Paragraph 14 of this Section and Paragraphs 28 through 11 32 and 34 of Section X and subject to Section VIII of this Order. 12 14. Within 10 days of the Effective Date, Defendant must pay to the Bureau, by 13 wire transfer to the Bureau or to the Bureau’s agent, and according to the Bureau’s wiring 14 instructions, $25,000 in partial satisfaction of the judgment as ordered in Paragraph 13 of 15 this Section. 16 15. With regard to any redress that Defendant pays pursuant to Paragraph 14, if 17 Defendant receives, directly or indirectly, any reimbursement or indemnification from 18 any source, including but not limited to payment made under any insurance policy, or if 19 Defendant secures a tax deduction or tax credit with regard to any federal, state, or local 20 21 22 23 24 25 26 27 28 tax, Defendant must: (a) immediately notify the Enforcement Director in writing, and (b) within 10 days of receiving the funds or monetary benefit, Defendant must transfer to the Bureau the full amount of such funds or monetary benefit (Additional Payment) to the Bureau or to the Bureau’s agent according to the Bureau’s wiring instructions. After the Bureau receives the Additional Payment, the amount of the suspended judgment referenced in Paragraph 13 will be reduced by the amount of the Additional Payment and the Additional Payment will be applied toward satisfaction of the monetary judgment entered in Paragraph 13. 7 1 16. Any funds received by the Bureau in satisfaction of this judgment will be 2 deposited into a fund or funds administered by the Bureau or to the Bureau’s agent 3 according to applicable statutes and regulations to be used for redress for injured 4 consumers, including, but not limited to, refund of moneys, restitution, damages, or other 5 monetary relief, and for any attendant expenses for the administration of any such 6 redress. 7 17. If the Bureau determines, in its sole discretion, that redress to consumers is 8 wholly or partially impracticable or if funds remain after the administration of redress is 9 completed, the Bureau shall deposit the remaining funds in the U.S. Treasury as 10 disgorgement. Defendant will have no right to challenge the Bureau’s choice of remedies 11 under this Section, and will have no right to contest any actions that the Bureau or its 12 representatives may take under this paragraph. 13 14 15 16 18. Payment of redress to any Affected Consumer under this Order may not be conditioned on that Affected Consumer waiving any right. VIII. EFFECT OF MISREPRESENTATION OR OMISSION REGARDING FINANCIAL CONDITION 17 IT IS FURTHER ORDERED that: 18 19. 19 20 21 22 23 24 25 26 27 The suspension of the monetary judgment entered in Section VII of this Order is expressly premised on the truthfulness, accuracy, and completeness of Defendant’s financial statements and supporting documents submitted to the Bureau on or about June 10, 2020 which Defendant asserts are truthful, accurate, and complete, and which include: a. Financial Statement of Defendant, including the attachments, signed on June 10, 2020 and submitted to the Bureau on or about June 10, 2020. b. 2018 federal tax returns for Defendant, submitted to the Bureau on or about June 10, 2020. 28 8 1 20. If upon motion by the Bureau, the Court determines that Defendant has 2 failed to disclose any material asset or that any of his financial statements or oral 3 testimony contain any material misrepresentation or omission, including materially 4 misstating the value of any asset, the Court shall terminate the suspension of the 5 6 7 8 9 10 11 12 13 14 monetary judgment entered in Section VII and without further adjudication, shall reinstate the judgment entered in Section VII of this Order and the full judgment of $11.8 million shall be immediately due and payable, less any amounts paid to the Bureau under Section VII of this Order. 21. If the Court terminates the suspension of the monetary judgment under this Section, the Bureau will be entitled to interest on the judgment, computed from the date of entry of this Order, at the rate prescribed by 28 U.S.C. § 1961, as amended, on any outstanding amounts not paid. 22. Provided, however, that in all other respects this Order shall remain in full 15 force and effect unless otherwise ordered by the Court; and, provided further, that 16 proceedings instituted under this provision would be in addition to, and not in lieu of any 17 other civil or criminal remedies as may be provided by law, including any other 18 proceedings that the Bureau may initiate to enforce this Order. 19 20 21 IX. ORDER TO PAY CIVIL MONEY PENALTIES IT IS FURTHER ORDERED that: 23. Under Section 1055(c) of the CFPA, 12 U.S.C. § 5565(c), by reason of the 22 violations of law alleged in the Complaint, and taking into account the factors in 12 23 U.S.C. § 5565(c)(3), Defendant must pay a civil money penalty of $1 to the Bureau. This 24 amount is based on Defendant’s limited ability to pay as attested to in his financial 25 statements listed in Section VIII above. 26 24. Within 10 days of the Effective Date, Defendant must pay the civil money 27 penalty by wire transfer to the Bureau or to the Bureau’s agent in compliance with the 28 Bureau’s wiring instructions. 9 1 25. The civil money penalty paid under this Order will be deposited in the Civil 2 Penalty Fund of the Bureau as required by Section 1017(d) of the CFPA, 12 U.S.C. 3 § 5497(d). 4 26. Defendant must treat the civil money penalty paid under this Order as a 5 penalty paid to the government for all purposes. Regardless of how the Bureau ultimately 6 uses those funds, Defendant may not: a. Claim, assert, or apply for a tax deduction, tax credit, or any other tax 7 benefit for any civil money penalty paid under this Order; or 8 9 b. Seek or accept, directly or indirectly, reimbursement or indemnification 10 from any source, including, but not limited to payment made under any 11 insurance policy, with regard to any civil money penalty paid under this 12 Order. 13 27. Defendant agrees that the civil penalty imposed by the Order represents a 14 civil penalty owed to the United States Government, is not compensation for actual 15 pecuniary loss, and thus, as to Defendant, it is not subject to discharge under the 16 Bankruptcy Code, 11 U.S.C. § 523(a)(7). 17 18 19 X. ADDITIONAL MONETARY PROVISIONS IT IS FURTHER ORDERED that: 28. In the event of any default on Defendant’s obligations to make payment 20 under this Order, interest, computed under 28 U.S.C. § 1961, as amended, will accrue on 21 any outstanding payments not paid from the date of default to the date of payment, and 22 will immediately become due and payable. 23 29. Defendant relinquishes all dominion, control, and title to the funds paid 24 under this Order to the fullest extent permitted by law and no part of the funds may be 25 returned to Defendant. 26 30. The facts alleged in the Complaint will be taken as true and be given 27 collateral estoppel effect, without further proof, in any proceeding based on the entry of 28 the Order, or in any subsequent civil litigation by or on behalf of the Bureau, including in 10 1 a proceeding to enforce its rights to any payment or monetary judgment under this Order, 2 such as a nondischargeability complaint in any bankruptcy case. 3 31. The facts alleged in the Complaint establish all elements necessary to sustain 4 an action by the Bureau under Section 523(a)(2)(A) of the Bankruptcy Code, 11 U.S.C. 5 § 523(a)(2)(A), and for such purposes this Order will have collateral estoppel effect 6 against Defendant, even in Defendant’s capacity as debtor-in-possession. 7 32. Under 31 U.S.C. § 7701, Defendant, unless he has already done so, must 8 furnish to the Bureau his taxpayer identification numbers, which may be used for 9 purposes of collecting and reporting on any delinquent amount arising out of this Order. 10 33. Within 30 days of the entry of a final judgment, consent order, or settlement 11 in a Related Consumer Action, Defendant must notify the Enforcement Director of the 12 final judgment, consent order, or settlement in writing. That notification must indicate the 13 amount of redress, if any, that Defendant paid or is required to pay to consumers and 14 describe the consumers or classes of consumers to whom that redress has been or will be 15 paid. To preserve the deterrent effect of the civil money penalty in any Related 16 Consumer Action, Defendant may not argue that Defendant is entitled to, nor may 17 Defendant benefit by, any offset or reduction of any monetary remedies imposed in the 18 Related Consumer Action because of the civil money penalty paid in this action or 19 because of any payment that the Bureau makes from the Civil Penalty Fund. If the court 20 in any Related Consumer Action offsets or otherwise reduces the amount of 21 compensatory monetary remedies imposed against Defendant based on the civil money 22 penalty paid in this action or based on any payment that the Bureau makes from the Civil 23 Penalty Fund, Defendant must, within 30 days after entry of a final order granting such 24 offset or reduction, notify the Bureau and pay the amount of the offset or reduction to the 25 U.S. Treasury. Such a payment will not be considered an additional civil money penalty 26 and will not change the amount of the civil money penalty imposed in this action. 27 28 34. Upon written request, any consumer reporting agency must furnish consumer reports to the Bureau concerning Defendant under Section 604(a)(1) of the Fair 11 1 Credit Reporting Act, 15 U.S.C.§ 168l b(a)(1), which may be used for purposes of 2 collecting and reporting on any delinquent amount arising out of this Order. 3 4 5 6 COMPLIANCE PROVISIONS XI. REPORTING REQUIREMENTS IT IS FURTHER ORDERED that: 35. Defendant must notify the Bureau of any development that may affect 7 compliance obligations arising under this Order, including, but not limited to, the filing of 8 any bankruptcy or insolvency proceeding by or against Defendant; or a change in 9 Defendant’s name or address. Defendant must provide this notice, if practicable, at least 10 30 days before the development, but in any case no later than 14 days after the 11 development. 12 36. Within 7 days of the Effective Date, Defendant must: 13 a. Designate at least one telephone number and email, physical and postal 14 address as points of contact, which the Bureau may use to communicate 15 with Defendant; 16 17 18 19 20 21 22 23 24 b. Identify all businesses for which Defendant is the majority owner, or that Defendant directly or indirectly controls, by all of their names, telephone numbers, and physical, postal, email and Internet addresses; c. Describe the activities of each such business, including the products and services offered, and the means of advertising, marketing, and sales; d. Identify Defendant’s telephone numbers and email, Internet, physical and postal addresses, including all residences; and e. Describe in detail Defendant’s involvement in any business for which he 25 performs services in any capacity or which he wholly or partially owns, 26 including his title, role, responsibilities, participation, authority, control, 27 and ownership. 28 12 1 37. Defendant must report any change in the information required to be 2 submitted under Paragraph 36 at least 30 days before the change or as soon as practicable 3 after learning about the change, whichever is sooner. 4 5 6 7 8 38. Within 90 days of the Effective Date, and again one year after the Effective Date, Defendant must submit to the Enforcement Director an accurate written compliance progress report sworn under penalty of perjury (Compliance Report), which, at a minimum: a. Lists each applicable paragraph and subparagraph of the Order and 9 describes in detail the manner and form in which Defendant has complied 10 with each such paragraph and subparagraph of this Order; and 11 b. Attaches a copy of each Order Acknowledgment obtained under Section 12 XII, unless previously submitted to the Bureau. 13 14 After the one-year period, Defendant must submit to the Enforcement Director additional 15 Compliance Reports within 14 days of receiving a written request from the Bureau. 16 XII. ORDER DISTRIBUTION AND ACKNOWLEDGEMENT 17 18 IT IS FURTHER ORDERED that: 39. Within 7 days of the Effective Date, Defendant must submit to the 19 Enforcement Director an acknowledgment of receipt of this Order, sworn under penalty 20 of perjury. 21 40. Within 30 days of the Effective Date, Defendant, for any business for which 22 he is majority owner or which he directly or indirectly controls, must deliver a copy of 23 this Order to each of its board members and executive officers, as well as to any 24 managers, employees, service providers, or other agents and representatives who have 25 responsibilities related to the subject matter of the Order. 26 41. For 5 years from the Effective Date, Defendant, for any business for which 27 he is the majority owner or which he directly or indirectly controls, must deliver a copy 28 of this Order to any business entity resulting from any change in structure referred to in 13 1 Section XI, any future board members and executive officers, before they assume their 2 responsibilities. 3 42. Defendant must secure a signed and dated statement acknowledging receipt 4 of a copy of this Order, ensuring that any electronic signatures comply with all the 5 requirements of the E-Sign Act, 15 U.S.C. § 7001 et seq., within 30 days of delivery, 6 from all persons receiving a copy of this Order under this Section. 7 8 9 XIII. RECORDKEEPING IT IS FURTHER ORDERED that: 43. Defendant must create, for at least 10 years from the Effective Date, all 10 documents and records necessary to demonstrate full compliance with each provision of 11 this Order, including all submissions to the Bureau. Defendant must retain these 12 documents for at least 10 years after creation and make them available to the Bureau 13 upon the Bureau’s request. 14 15 16 44. Defendant must maintain, for at least 5 years from the Effective Date or 5 years after creation, whichever is longer: a. Financial records, including, but not limited to, individual and corporate 17 tax returns, credit reports, any and all documentation required to 18 complete the Bureau’s individual and corporate financial disclosure 19 forms, and accounting records showing gross and net revenues, all costs 20 incurred in generating revenues, and the resulting net profit or loss; 21 b. For any Affected Consumer, records showing the person’s name, email 22 and postal address, telephone number, dates and dollar amounts of 23 payments made, and the quantity and description of goods and services 24 purchased; and 25 c. All consumer complaints and refund requests (whether received directly 26 or indirectly, such as through a third party), and any response to those 27 complaints or requests. 28 14 1 2 3 4 5 45. Defendant must make the documents identified in Paragraph 44 available to the Bureau upon the Bureau’s request. XIV. NOTICES IT IS FURTHER ORDERED that: 46. Unless otherwise directed in writing by the Bureau, Defendant must provide 6 all submissions, requests, communications, or other documents relating to this Order in 7 writing, with the subject line, “CFPB v. GST Factoring, Inc., et.al., Case No8:20-cv- 8 01239” and send them by overnight courier or first-class mail to the below address and 9 contemporaneously by email to Enforcement_Compliance@cfpb.gov: 10 Assistant Director for Enforcement Bureau of Consumer Financial Protection ATTENTION: Office of Enforcement 1700 G Street, N.W. Washington, DC 20552 11 12 13 14 15 16 XV. COOPERATION WITH THE BUREAU IT IS FURTHER ORDERED that: 47. Defendant must cooperate fully to help the Bureau determine the identity 17 and location of, and the amount of injury sustained by, each Affected Consumer. 18 Defendant must provide such information in his or his agents’ possession or control 19 within 14 days of receiving a written request from the Bureau. 20 48. Defendant must cooperate fully with the Bureau in this matter and in any 21 investigation or litigation related to or associated with the conduct described in the 22 Complaint, including, but not limited to, providing information, documents, and 23 testimony. Defendant must provide truthful and complete information, evidence, and 24 testimony. Defendant must appear or cause employees or agents to appear, for interviews, 25 discovery, hearings, trials, and any other proceedings that the Bureau may reasonably 26 request upon 10 days written notice, or other reasonable notice, at such places and times 27 as the Bureau may designate, without the service of compulsory process. 28 15 1 XVI. COMPLIANCE MONITORING 2 IT IS FURTHER ORDERED that, to monitor Defendant’s compliance with this Order, 3 including the financial representations upon which the monetary judgment was partially 4 suspended: 5 49. Within 14 days of receipt of a written request from the Bureau, Defendant 6 must submit additional compliance reports or other requested information, which must be 7 sworn under penalty of perjury; provide sworn testimony; or produce documents. 8 9 10 50. For purposes of this Section, the Bureau may communicate directly with Defendant, unless Defendant retains counsel related to these communications. 51. Defendant must permit Bureau representatives to interview any employee or 11 other person affiliated with Defendant who has agreed to such an interview. The person 12 interviewed may have counsel present. 13 52. Nothing in this Order will limit the Bureau’s lawful use of compulsory 14 process, including pursuant to 12 C.F.R. § 1080.6. 15 XVII. RETENTION OF JURISDICTION 16 17 18 19 20 21 IT IS FURTHER ORDERED that: 53. The Court will retain jurisdiction of this matter for the purposes of construction, modification, and enforcement of this Order. XVIII.SERVICE IT IS FURTHER ORDERED that: 54. This Order may be served upon Defendant by electronic mail, certified mail, 22 or United Parcel Service, either by the United States Marshal, the Clerk of the Court, or 23 any representative or agent of the Bureau. 24 IT IS SO ORDERED. 25 26 Dated: this 17th day of August, 2020. ______________________________ United States District Judge 27 28 16

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