Consumer Financial Protection Bureau v. Student Financial Aid Services, Inc., No. 2:2015cv01581 - Document 8 (E.D. Cal. 2015)
Court Description: STIPULATED FINAL JUDGMENT AND ORDER signed by Judge Garland E. Burrell, Jr. on *9/11/2015* FINDINGS This Court has jurisdiction over the parties and the subject matter of this action; All parties agree to entry of this Order, without adjudication of any issue of fact or law, to settle and resolve all matters in this dispute arising from the conduct alleged in the Complaint to the date this Order is entered; Defendant SFAS neither admits nor denies any allegation in the Complaint, except as state d in this Order. For purposes of this Order, SFAS admits the facts necessary to establish the Court's jurisdiction over SFAS and the subject matter of this action; SFAS waives service under Rule 4(d) of the FRCP and waives all rights to seek ju dicial review or otherwise challenge or contest the validity of this Order; SFAS also waives any claim it may have under the EAJA, 28:2412, concerning the prosecution of this action to the date of this Order; each party will bear its own costs and e xpenses, including, without limitation, attorneys' fees; Entry of this Order is in the public interest; A judgment for equitable monetary relief and damages is entered in favor of the Bureau and against Defendant, in the amount of $14,500,0 00, for the purpose of providing redress to Affected Consumers for the alleged violations of law described in the Complaint;however, full payment of this judgment will be suspended upon satisfaction of the obligations in paragraphs 16 and 25 of this Order, and subject to Section IV of this Order; within 10 days of the Effective Date, Defendant must pay to the Bureau, by wire transfer to the Bureau or to the Bureau's agent, and according to the Bureau's wiring instructions, $5,200,000, towards the judgment referenced in paragraph 15 of this Order; The Court will retain jurisdiction of this matter for purposes of construction, modification, and enforcement of this Order. CASE CLOSED (Reader, L)
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Consumer Financial Protection Bureau v. Student Financial Aid Services, Inc. Doc. 8 1 2 3 4 5 6 U N ITED STATES D ISTRICT COU RT FOR TH E EASTERN D ISTRICT OF CALIFORN IA SACRAMEN TO D IVISION 7 8 9 10 11 12 13 14 15 16 CONSUMER FINANCIAL PROTECTION ) Case No.: 2:15-cv-0 1581-GEB-KJ N ) ) STIPULATED FINAL J UDGMENT AND BUREAU, ) ORDER ) Plaintiff, ) ) ) v. ) ) STUDENT FINANCIAL AID SERVICES, ) ) ) INC., ) ) Defendant. ) ) 17 The Consum er Financial Protection Bureau (Bureau) com m enced this civil action on 18 J uly 23, 20 15, to obtain injunctive relief, dam ages, civil m oney penalties, and other relief 19 from Student Financial Aid Services, Inc. (SFAS). In connection with SFAS’s m arketing, 20 sales, and billing practices, the Com plaint alleges violations of sections 10 31 and 10 36 of the 21 Consum er Financial Protection Act of 20 10 (CFPA), 12 U.S.C. §§ 5531 and 5536; the 22 Telem arketing and Consum er Fraud and Abuse Prevention Act, 15 U.S.C. §§ 610 1 et seq., 23 and its im plem enting rule, the Telem arketing Sales Rule (TSR), 16 C.F.R. Part 310 ; and the 24 Electronic Fund Transfer Act (EFTA), 15 U.S.C. § 1693e(a), and Regulation E, 12 C.F.R. § 25 10 0 5.10 (b). The Bureau and SFAS, by and through counsel, request that the Court enter this 26 Stipulated Final J udgm ent and Order (Order). 27 28 - 1 STIPULATED FINAL JUDGMENT AND ORDER Dockets.Justia.com 1 FIN D IN GS 2 1. This Court has jurisdiction over the parties and the subject m atter of this action. 3 2. All parties agree to entry of this Order, without adjudication of any issue of fact or 4 law, to settle and resolve all m atters in this dispute arising from the conduct alleged in the 5 Com plaint to the date this Order is entered. 6 3. 7 stated in this Order. For purposes of this Order, SFAS adm its the facts necessary to establish 8 the Court’s jurisdiction over SFAS and the subject m atter of this action. 9 4. Defendant SFAS neither adm its nor denies any allegation in the Com plaint, except as SFAS waives service under Rule 4(d) of the Federal Rules of Civil Procedure and 10 waives all rights to seek judicial review or otherwise challenge or contest the validity of this 11 Order. SFAS also waives any claim it m ay have under the Equal Access to J ustice Act, 28 12 U.S.C. § 2412, concerning the prosecution of this action to the date of this Order. Each party 13 will bear its own costs and expenses, including, without lim itation, attorneys’ fees. 14 5. Entry of this Order is in the public interest. D EFIN ITION S 15 16 6. The following definitions apply to this Order: 17 a. “Affe cte d Co n s u m e r” m eans any consum er who purchased Defendant’s 18 Gold and Com bo services and, during the Relevant Period, was charged for 19 Defendant’s FAFSA preparation services in a year in which the consum er 20 did not use Defendant’s service to subm it a FAFSA to the U.S. Departm ent 21 of Education. 22 23 24 25 26 27 b. “Affiliate ” m eans any subsidiary, parent, or sibling corporation of Defendant. c. “Effe ctive D ate ” m eans the date on which the Stipulated Final J udgm ent and Order is entered. d. “Ele ctro n ic Fu n d Tran s fe r” has the sam e m eaning as defined by 12 C.F.R. § 10 0 5.3(b). 28 - 2 STIPULATED FINAL JUDGMENT AND ORDER 1 e. “En fo rce m e n t D ire cto r” m eans the Assistant Director of the Office of 2 Enforcem ent for the Consum er Financial Protection Bureau, or his or her 3 delegee. 4 f. “Fre e Ap p licatio n fo r Fe d e ral Stu d e n t Aid ” o r “FAFSA” m eans the 5 free application used by the U.S. Departm ent of Education to determ ine a 6 student’s eligibility for federal, state, and institutional assistance program s. 7 g. “Go ld an d Co m bo Se rvice s ” m eans the FAFSA preparation services 8 Defendant m arketed and sold under the nam es “FAFSA Gold,” “FAFSA 9 Gold Com bo,” and the “FAFSA + College Cost & Planning Report” or 10 11 12 13 14 15 “FAFSA CCPR Com bo” package. h. “N e gative Op tio n Fe atu re ” has the sam e m eaning as defined by 16 C.F.R. § 310 .2(u). i. “Pre au th o rize d Ele ctro n ic Fu n d Tran s fe r” has the sam e m eaning as defined by 12 C.F.R. § 10 0 5.2(k). j. “Re late d Co n s u m e r Actio n ” m eans a private action by or on behalf of 16 one or m ore consum ers or an enforcem ent action by another governm ental 17 agency brought against Defendant based on substantially the sam e facts as 18 described in the Com plaint. 19 20 21 22 23 k. “Re le van t Pe rio d ” m eans the period from J uly 21, 20 11 to the Effective Date. l. “D e fe n d an t” m eans Student Financial Aid Services, Inc., and its successors and assigns. m . “Stan d ard Se rvice ” m eans FAFSA preparation services offered by 24 Defendant, online or by telephone, without a Negative Option Feature. This 25 includes services m arketed and sold under the nam es “FAFSA Live,” 26 “Express FAFSA,” “College Cost & Planning Report,” and the “College 27 Plan.” 28 - 3 STIPULATED FINAL JUDGMENT AND ORDER 1 n. “Te le m arke tin g” has the sam e m eaning as defined by 16 C.F.R. § 2 310 .2(dd). 3 o. “U p s e llin g” has the sam e m eaning as defined by 16 C.F.R. § 310 .2(ee). 4 ORD ER 5 I 6 Co n d u ct Pro vis io n s 7 IT IS ORD ERED that: 8 7. 9 this Order, whether acting directly or indirectly, m ay not violate, including by failing to take Defendant and its officers, agents, servants, and em ployees who have actual notice of 10 reasonable m easures to ensure that its service providers, Affiliates, or other agents do not 11 violate: (a) sections 10 31 and 10 36 of the CFPA, 12 U.S.C. §§ 5531 and 5536; (b) the TSR, 16 12 C.F.R. Part 310 , as authorized by the Telem arketing and Consum er Fraud and Abuse 13 Prevention Act, 15 U.S.C. §§ 610 1 et seq.; or (c) the EFTA, 15 U.S.C. § 1693e(a), and its 14 im plem enting regulation, Regulation E, 12 C.F.R. § 10 0 5.10 (b). 15 8. 16 this Order, whether acting directly or indirectly, in connection with the advertising, 17 m arketing, prom otion, offering for sale, sale, or perform ance of any consum er financial 18 product or service, are perm anently restrained and enjoined from m isrepresenting, or 19 assisting others in m isrepresenting, expressly or im pliedly: Defendant and its officers, agents, servants, and em ployees who have actual notice of 20 a. The cost or price of such product or service; 21 b. Any recurring charges or Negative Option Features associated with such 22 23 product or service; c. 24 25 26 That any consum er has provided authorization for future, autom atic charges; or d. Any other fact m aterial to consum ers concerning any good or service, including, without lim itation, its total cost; any m aterial restrictions, 27 28 - 4 STIPULATED FINAL JUDGMENT AND ORDER 1 lim itations, or conditions; or any m aterial aspect of its perform ance, 2 efficacy, nature, or central characteristics. 3 9. 4 this Order, whether acting directly or indirectly, in connection with the advertising, 5 m arketing, prom otion, offering for sale, sale, or perform ance of any consum er financial 6 product or service, are perm anently restrained and enjoined from engaging in any of the 7 following activities, directly or indirectly: Defendant and its officers, agents, servants, and em ployees who have actual notice of 8 a. 9 Attaching a Negative Option Feature to any product or service that results in autom atic charges to the consum er for future services; or 10 b. Initiating a Preauthorized Electronic Fund Transfer from a consum er 11 account without a writing signed or sim ilarly authenticated by the 12 consum er, and without providing a copy to the consum er. An 13 authorization is valid only if it is readily identifiable as such and the 14 term s of the preauthorized transfer are clear and readily 15 understandable. 16 10 . 17 autom atic charges, except those for which the Com pany has a separate, express, written 18 authorization from the consum er agreeing to the specific am ounts and schedule of charges. 19 11. 20 distinguishing between paym ents m ade by Electronic Fund Transfer or by som e other 21 m eans. As of the Effective Date, Defendant has canceled and m ust not reinitiate recurring, Within 30 days of the Effective Date, Defendant will adopt reasonable procedures for 22 II 23 Co m p lian ce Plan 24 IT IS FU RTH ER ORD ERED that: 25 12. 26 Director for review and determ ination of non-objection a com prehensive com pliance plan 27 designed to ensure that Defendant’s sales an d billing practices, in connection with FAFSA Within 30 days of the Effective Date, Defendant m ust subm it to the Enforcement 28 - 5 STIPULATED FINAL JUDGMENT AND ORDER 1 preparation services, com ply with all applicable Federal consum er financial laws and the 2 term s of this Order (Com pliance Plan). The Com pliance Plan m ust include, at a m inim um : 3 a. Detailed steps for addressing each action required by this Order; and 4 b. Specific tim efram es and deadlines for im plem entation of the steps 5 described above. 6 13. 7 objection to the Com pliance Plan or direct the Defendant to revise it. If the Enforcem ent 8 Director directs the Defendant to revise the Com pliance Plan, the Defendant m ust m ake the 9 revisions and resubm it the Com pliance Plan to the Enforcem ent Director within 30 days. The Enforcem ent Director will have the discretion to m ake a determ ination of non- 10 14. 11 of non-objection to the Com pliance Plan, the Defendant m ust im plem ent and adhere to the 12 steps, requirem ents, deadlines, and tim efram es outlined in the Com pliance Plan. After receiving notification that the Enforcement Director has m ade a determ ination 13 III 14 Ord e r to Pay Re d re s s 15 IT IS FU RTH ER ORD ERED that: 16 15. 17 Bureau and against Defendant, in the am ount of $ 14,50 0 ,0 0 0 , for the purpose of providing 18 redress to Affected Consum ers for the alleged violations of law described in the Com plaint; 19 however, full paym ent of this judgm ent will be suspended upon satisfaction of the 20 obligations in paragraphs 16 and 25 of this Order, and subject to Section IV of this Order. 21 16. 22 transfer to the Bureau or to the Bureau’s agent, and according to the Bureau’s wiring 23 instructions, $ 5,20 0 ,0 0 0 , towards the judgm ent referenced in paragraph 15 of this Order. 24 17. 25 receives, directly or indirectly, any reim bursem ent or indem nification from any source, 26 including, but not lim ited to, paym ent m ade under any insurance policy, or if Defendant 27 secures a tax deduction or tax credit with regard to any federal, state, or local tax, Defendant A judgm ent for equitable m onetary relief and dam ages is entered in favor of the Within 10 days of the Effective Date, Defendant m ust pay to the Bureau, by wire With regard to any redress that Defendant pays under this Section, if Defendant 28 - 6 STIPULATED FINAL JUDGMENT AND ORDER 1 m ust: (a) im m ediately notify the Enforcem ent Director in writing, and (b) within 10 days of 2 receiving the funds or m onetary benefit, transfer to the Bureau the full am ount of such 3 funds or m onetary benefit (Additional Paym ent) to the Bureau or to the Bureau’s agent 4 according to the Bureau’s wiring instructions. After the Bureau receives the Additional 5 Paym ent, that paym ent will be applied toward the judgm ent entered in paragraph 15 and the 6 am ount of the suspended judgm ent referenced in paragraph 15 will be reduced by the 7 am ount of the Additional Paym ent. 8 18. 9 into a fund or funds adm inistered by the Bureau or the Bureau’s agent according to Any funds received by the Bureau in satisfaction of this judgm ent will be deposited 10 applicable statutes and regulations to be used for redress for injured consum ers, including, 11 but not lim ited to, refund of m oneys, restitution, dam ages, or other m onetary relief, and for 12 any attendant expenses for the adm inistration of any such redress. 13 19. 14 partially im practicable or if funds rem ain after redress is com pleted, the Bureau will deposit 15 any rem aining funds in the U.S. Treasury as disgorgement. Defendant will have no right to 16 challenge any actions that the Bureau or its representatives m ay take under this Section. 17 20 . 18 conditioned on that Affected Consum er waiving any right. If the Bureau determ ines, in its sole discretion, that redress to consum ers is wholly or Paym ent of redress to any Affected Consum er under this Order m ay not be 19 IV 20 Effe ct o f Mis re p re s e n tatio n o r Om is s io n Re gard in g Fin an cial Co n d itio n 21 IT IS FU RTH ER ORD ERED that: 22 21. 23 truthfulness, accuracy, and com pleteness of Defendant’s financial statem ents and 24 supporting docum ents subm itted to the Bureau in J une 20 15, which Defendant asserts are 25 truthful, accurate, and com plete. 26 22. 27 that any of its financial statem ents contain any m aterial m isrepresentation or om ission, The Bureau’s agreem ent to entry of this Order was expressly prem ised on the If the Court determ ines that Defendant has failed to disclose any m aterial asset or 28 - 7 STIPULATED FINAL JUDGMENT AND ORDER 1 including m aterially m isstating the value of any asset, then the suspension of the m onetary 2 judgm ent entered in Section III will be term inated, and the Bureau can seek to enforce in 3 any Federal district court as im m ediately due and payable the full judgm ent entered in 4 Section III of this Order, $ 14,50 0 ,0 0 0 , less any am ounts paid under Section III of the Order. 5 23. 6 be entitled to interest on the judgm ent, com puted from the date of entry of this Order, at the 7 rate prescribed by 28 U.S.C. § 1961, as am ended, on any outstanding am ounts not paid. After the reinstatem ent of the m onetary judgm ent under this Section, the Bureau will 8 V 9 Ord e r to Pay Civil Mo n e y Pe n altie s 10 IT IS FU RTH ER ORD ERED that: 11 24. 12 law alleged in the Com plaint, and taking into account the factors in 12 U.S.C. § 5565(c)(3), 13 Defendant m ust pay a civil m oney penalty of $ 1.0 0 to the Bureau. 14 25. 15 wire transfer to the Bureau or to the Bureau’s agent in com pliance with the Bureau’s wiring 16 instructions. 17 26. 18 Fund of the Bureau as required by section 10 17(d) of the CFPA, 12 U.S.C. § 5497(d). 19 27. 20 to the governm ent for all purposes. Regardless of how the Bureau ultim ately uses those 21 funds, Defendant m ay not: 22 Under section 10 55(c) of the CFPA, 12 U.S.C. § 5565(c), by reason of the violations of Within 10 days of the Effective Date, Defendant m ust pay the civil m oney penalty by The civil m oney penalty paid under this Order will be deposited in the Civil Penalty Defendant m ust treat the civil m oney penalty paid under this Order as a penalty paid a. 23 24 Claim , assert, or apply for a tax deduction, tax credit, or any other tax benefit for any civil m oney penalty paid under this Order; or b. Seek or accept, directly or indirectly, reim bursem ent or indem nification 25 from any source, including but not lim ited to paym ent m ade under any 26 insurance policy, with regard to any civil m oney penalty paid under this 27 Order. 28 - 8 STIPULATED FINAL JUDGMENT AND ORDER 1 28. 2 Action, Defendant m ay not argue that Defendant is entitled to, nor m ay Defendant benefit 3 by, any offset or reduction of any com pensatory m onetary rem edies im posed in any Related 4 Consum er Action because of the civil m oney penalty paid in this action (Penalty Offset). If 5 the court in any Related Consum er Action grants such a Penalty Offset, Defendant m ust, 6 within 30 days after entry of a final order granting the Penalty Offset, notify the Bureau, and 7 pay the am ount of the Penalty Offset to the U.S. Treasury. Such a paym ent will not be 8 considered an additional civil m oney penalty and will not change the am ount of the civil 9 m oney penalty im posed in this action. To preserve the deterrent effect of the civil m oney penalty in any Related Consum er 10 VI 11 Ad d itio n al Mo n e tary Pro vis io n s 12 IT IS FU RTH ER ORD ERED that: 13 29. 14 Order, interest, com puted under 28 U.S.C. § 1961, as am ended, will accrue on any 15 outstanding am ounts not paid from the date of default to the date of paym ent, and will 16 im m ediately becom e due and payable. 17 30 . 18 fullest extent perm itted by law and no part of the funds m ay be returned to Defendant. 19 31. 20 Bureau its taxpayer identifying num bers, which m ay be used for purposes of collecting and 21 reporting on any delinquent am ount arising out of this Order. 22 32. 23 Related Consum er Action, Defendant m ust notify the Enforcem ent Director of the final 24 judgm ent, consent order, or settlem ent in writing. That notification m ust indicate the 25 am ount of redress, if any, that Defendant paid or is required to pay to consum ers and 26 describe the consum ers or classes of consum ers to whom that redress has been or will be 27 paid. In the event of any default on Defendant’s obligations to m ake paym ent under this Defendant m ust relinquish all dom inion, control, and title to the funds paid to the Under 31 U.S.C. § 770 1, Defendant, unless it already has done so, m ust furnish to the Within 30 days of the entry of a final judgm ent, consent order, or settlem ent in a 28 - 9 STIPULATED FINAL JUDGMENT AND ORDER 1 33. 2 consum er reporting agency m ay furnish a consum er report concerning Defendant to the 3 Bureau, which m ay be used for purposes of collecting and reporting on any delinquent 4 am ount arising out of this Order. Under section 60 4(a)(1) of the Fair Credit Reporting Act, 15 U.S.C.§ 1681b(a)(1), any 5 VII 6 Re p o rtin g Re qu ire m e n ts 7 IT IS FU RTH ER ORD ERED that: 8 34. 9 obligations arising under this Order, including but not lim ited to, a dissolution, assignm ent, 10 sale, m erger, or other action that would result in the em ergence of a successor com pany; the 11 creation or dissolution of an Affiliate that engages in any acts or practices subject to this 12 Order; the filing of any bankruptcy or insolvency proceeding by or against Defendant; or a 13 change in Defendant’s nam e or address. Defendan t m ust provide this notice at least 30 days 14 before the developm ent or as soon as practicable after learning about the developm ent, 15 whichever is sooner. 16 35. 17 Defendant m ust notify the Bureau of any developm ent that m ay affect com pliance Within 10 days of the Effective Date, Defendant m ust: a. Designate at least one telephone num ber and em ail, physical, and postal 18 address as points of contact, which the Bureau m ay use to com m unicate 19 with Defendant; 20 b. Identify all businesses for which Defendant is the m ajority owner, or 21 that Defendant directly or indirectly controls, by all of their nam es, 22 telephone num bers, and physical, postal, em ail, and Internet addresses; 23 and 24 25 c. Describe the activities of each such business, including the products and services offered, and the m eans of advertising, m arketing, and sales. 26 27 28 - 10 STIPULATED FINAL JUDGMENT AND ORDER 1 36. 2 paragraph 35 at least 30 days before the change or as soon as practicable after the learning 3 about the change, whichever is sooner. 4 37. 5 Defendant m ust subm it to the Enforcem ent Director an accurate written compliance 6 progress report (Com pliance Report) which, at a m inim um : 7 Defendant m ust report any change in the inform ation required to be subm itted under Within 90 days of the Effective Date, and again one year after the Effective Date, a. 8 Describes in detail the m anner and form in which Defendant has com plied with this Order; and 9 b. 10 Attaches a copy of each Order Acknowledgm ent obtained under Section VIII unless previously subm itted to the Bureau. 11 VIII 12 Ord e r D is tribu tio n an d Ackn o w le d gm e n t 13 IT IS FU RTH ER ORD ERED that: 14 38. 15 any m anagers, em ployees, service providers, or other agents and representatives who have 16 responsibilities related to the subject m atter of the Order. 17 39. 18 any business entity resulting from any change in structure referred to in Section VII, any 19 future board m em bers and executive officers, and any m anagers, em ployees, service 20 providers, or other agents and representatives who will have responsibilities related to the 21 subject m atter of the Order before they assum e their responsibilities. 22 40 . 23 of this Order, ensuring that any electronic signatures com ply with the requirem ents of the E- 24 Sign Act, 15 U.S.C. § 70 0 1 et seq., within 30 days of delivery, from all persons receiving a 25 copy of this Order under this Section. Within 30 days of the Effective Date, Defendant m ust deliver a copy of this Order to For 5 years from the Effective Date, Defendant m ust deliver a copy of this Order to Defendant m ust secure a signed and dated statem ent acknowledging receipt of a copy 26 27 28 - 11 STIPULATED FINAL JUDGMENT AND ORDER 1 IX 2 Re co rd ke e p in g 3 IT IS FU RTH ER ORD ERED that: 4 41. 5 business records: 6 Defendant m ust create, for at least 5 years from the Effective Date, the following a. All docum ents and records necessary to dem onstrate full com pliance 7 with each provision of this Order, including all subm issions to the 8 Bureau. 9 b. Copies of all sales scripts; training m aterials; advertisem ents; websites; 10 and other m arketing m aterials; and including an y such m aterials used 11 by a third party on behalf of Defendant. 12 c. Copies of all written authorizations provided by consum ers and proof of 13 production to consum ers of such written authorizations for paym ents 14 m ade by Preauthorized Electronic Fund Transfers. 15 d. For all fee for service student aid preparation services that are paid for 16 by consum ers, accounting records showing the gross and net revenues 17 generated by the services. 18 e. All consum er com plaints regarding billing and refund requests 19 (whether received directly or indirectly, such as through a third party), 20 and an y responses to those com plaints or requests. 21 42. Defendant m ust retain the docum ents identified in paragraph 41 for at least 5 years. 22 43. Defendant m ust m ake the docum ents identified in paragraph 41 available to the 23 Bureau upon the Bureau’s request. 24 25 26 27 28 - 12 STIPULATED FINAL JUDGMENT AND ORDER 1 X 2 N o tice s 3 IT IS FU RTH ER ORD ERED that: 4 44. 5 subm issions, requests, com m unications, or other docum ents relating to this Order in 6 writing, with the subject line, “In re Student Financial Aid Services, Inc., No. 20 13-0 839- 7 0 2,” and send them either: Unless otherwise directed in writing by the Bureau, Defendant m ust provide all 8 a. By overnight courier (not the U.S. Postal Service), as follows: 9 Assistant Director for Enforcem ent Consum er Financial Protection Bureau ATTENTION: Office of Enforcem ent 1625 Eye Street, N.W. Washington D.C. 20 0 0 6; or 10 11 12 13 b. By first-class m ail to the below address and contem poraneously by em ail to 14 15 Enforcem ent_ Com pliance@cfpb.gov: Assistant Director for Enforcem ent Consum er Financial Protection Bureau ATTENTION: Office of Enforcem ent 170 0 G Street, N.W. Washington D.C. 20 552 16 17 18 19 20 XI 21 Co o p e ratio n w ith th e Bu re au 22 IT IS FU RTH ER ORD ERED that: 23 45. 24 location of each Affected Consum er, as well as the am ount charged for which redress is 25 ordered. Defendant m ust provide such inform ation in its or its agents’ possession or control 26 within 21 days of receiving a written request from the Bureau. Defendant m ust cooperate fully to help the Bureau determ ine the identity and 27 28 - 13 STIPULATED FINAL JUDGMENT AND ORDER 1 XII 2 Co m p lian ce Mo n ito rin g 3 IT IS FU RTH ER ORD ERED that: 4 46. 5 subm it additional Com pliance Reports or other requested inform ation, which m ust be m ade 6 under penalty of perjury; provide sworn testim ony; or produce docum ents. 7 47. 8 person affiliated with Defendant who has agreed to such an interview. The person 9 interviewed m ay have counsel present. Within 21 days of receipt of a written request from the Bureau, Defendant m ust Defendant m ust perm it Bureau representatives to interview any em ployee or other 10 48. 11 under 12 C.F.R. § 10 80 .6 or other com pulsory process. Nothing in this Order will lim it the Bureau’s lawful use of civil investigative dem ands 12 XIII 13 Mo d ificatio n s to N o n -Mate rial Re qu ire m e n ts 14 IT IS FU RTH ER ORD ERED that: 15 49. 16 fixed by this Order m ay be extended by m utual written agreem ent of the parties and without 17 further Court approval. Additionally, details related to adm inistration of Sections VII 18 through XII of this Order m ay be m odified by written agreem ent of the parties and without 19 further Court approval. Any other m odifications to this Order m ay be m ade only upon 20 approval of the Court, upon m otion by any party. 21 XIV 22 Re le as e Notwithstanding the provisions of paragraph 51, any tim e lim its for perform ance 23 50 . 24 violations that the Bureau has or m ight have asserted based on the practices described in the 25 Com plaint, to the extent such practices occurred before the Effective Date and the Bureau 26 knows about them as of the Effective Date. The Bureau m ay use the practices described in 27 this Order in future enforcem ent actions against Defendant and its Affiliates, including, The Bureau releases and discharges Defendant from all potential liability for law 28 - 14 STIPULATED FINAL JUDGMENT AND ORDER 1 without lim itation, to establish a pattern or practice of violations or the continuation of a 2 pattern or practice of violations or to calculate the am ount of any penalty. This release does 3 not preclude or affect any right of the Bureau to determ ine and ensure com pliance with the 4 Order, or to seek penalties for any violations of the Order. 5 XV 6 Re te n tio n o f Ju ris d ictio n 7 51. 8 m odification, and enforcem ent of this Order. The Court will retain jurisdiction of this m atter for purposes of construction, 9 10 Dated: September 11, 2015 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 15 STIPULATED FINAL JUDGMENT AND ORDER
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