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Federal Trade Commission v. American Home Servicing Center, LLC

United States District Court, C.D. California

December 5, 2019

FEDERAL TRADE COMMISSION, Plaintiff,
v.
AMERICAN HOME SERVICING CENTER, LLC, et al. Defendants.

          ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT

          HONORABLE JOSEPHINE L. STATON UNITED STATES DISTRICT JUDGE

         For the reasons set forth in its prior orders, the Court has granted the Federal Trade Commission's motions for (1) summary judgment against Defendants Eve Christine “Christina” Rodriguez and Sergio Rodriguez; (2) default judgment against Defendants Marcus Fierro, American Home Servicing Center, LLC (“American Home”), National Advocacy Center, LLC (“National Advocacy”), and Capital Home Advocacy Center (“Capital Home”); and (3) default judgment against Defendant Jaime Aburto. Based on these findings, IT IS ORDERED:

         DEFINITIONS

         For the purposes of this Order, the following definitions apply:

         A. “Assisting others” includes:

1. performing customer service functions, including receiving or responding to consumer complaints;
2. formulating or providing, or arranging for the formulation or provision of, any advertising or marketing material, including any telephone sales script, direct mail solicitation, or the design, text, or use of images of any Internet website, email, or other electronic communication;
3. 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 registrations for any Internet websites, affiliate marketing services, or media placement services;
4. providing names of, or assisting in the generation of, potential customers;
5. performing marketing, billing, or payment services of any kind; or
6. acting or serving as an owner, officer, director, manager, or principal of any entity.

         B. “Defendants”

         Means all the Individual Defendants and all the Corporate Defendants, individually, collectively, or in any combination.

         C. “Corporate Defendant(s)”

         Means American Home Servicing Center, LLC; National Advocacy Center, LLC; and Capital Home Advocacy Center, individually, collectively, or in any combination.

         D. “Financial product or service”

         Means any product, service, plan, or program represented, expressly or by implication, to:

1. provide any consumer, arrange for any consumer to receive, or assist any consumer in receiving, a loan or other extension of credit;
2. provide any consumer, arrange for any consumer to receive, or assist any consumer in receiving, credit, debit, or stored value cards;
3. improve, repair, or arrange to improve or repair, any consumer's credit record, credit history, or credit rating; or
4. provide advice or assistance to improve any consumer's credit record, credit history, or credit rating.

         E. “Individual Defendant(s)”

         Means Jaime Aburto, Marcus Fierro, Christina Rodriguez, and Sergio Rodriguez, individually, collectively, or in any combination.

         F. “Person”

         Means any individual, group, unincorporated association, limited or general partnership, corporation, or other business entity.

         G. “Secured or unsecured debt relief product or service” means:

1. With respect to any mortgage, loan, debt, or obligation between a person and one or more secured or unsecured creditors or debt collectors, any product, service, plan, or program represented, expressly or by implication, to:
a. stop, prevent, or postpone any mortgage or deed of trust foreclosure sale for a person's dwelling, any other sale of collateral, any repossession of a person's dwelling or other collateral, or otherwise save a person's dwelling or other collateral from foreclosure or repossession;
b. negotiate, obtain, or arrange a modification, or renegotiate, settle, or in any way alter any terms of the mortgage, loan, debt, or obligation, including a reduction in the amount of interest, principal balance, monthly payments, or fees owed by a person to a secured or unsecured creditor or debt collector;
c. obtain any forbearance or modification in the timing of payments from any secured or unsecured holder or servicer of any mortgage, loan, debt, or obligation;
d. negotiate, obtain, or arrange any extension of the period of time within which a person may (i) cure her or his default on the mortgage, loan, debt, or obligation, (ii) reinstate her or his mortgage, loan, debt, or obligation, (iii) redeem a dwelling or other collateral, or (iv) exercise any right to reinstate the mortgage, loan, debt, or obligation or redeem a dwelling or other collateral;
e. obtain any waiver of an acceleration clause or balloon payment contained in any promissory note or contract secured by any dwelling or other collateral; or
f. negotiate, obtain, or arrange (i) a short sale of a dwelling or other collateral, (ii) a deed-in-lieu of foreclosure, or (iii) any other disposition of a mortgage, loan, debt, or obligation other than a sale to a third party that is not the secured or unsecured loan holder.
The foregoing shall include any manner of claimed assistance, including auditing or examining a person's application for the mortgage, loan, debt, or obligation.
2. With respect to any loan, debt, or obligation between a person and one or more unsecured creditors or debt collectors, any product, service, plan, or program ...

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