UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

M iam i Division

Case Number: 16-21843-CIV-M ORENO

FEDERAL TM DE COM M ISSION and THE

STATE OF FLORIDA,

Plaintiffs,

VS.

STUDENT A1D CENTER, INC . ,RAM IRO

FERNANDEZ-M ORIS, and DAM IEN

Al-vAu z,

Defendants.

DEFAULT JUDGM ENT AND ORDER FOR PERM ANENT INJUNCTION AND OTHER

EOUITABLE RELIEF AS TO DEFENDANT DAM IEN ALVAREZ

On M ay 23, 2016, Plaintiffs Federal Trade Comm ission and Oftsce of the Attorney

General, State of Florida, Depm m ent of Legal Affairs, filed a Com plaint for Permanent

Injunction and Other Equitable Relief against Defendants Student Aid Center, Inc., Ramiro

Fernandez-M oris, and Dam ien Alvarez. The Com plaint alleges that Defendants engagtd in

unfair or deceptive acts or practices in violation of Section 5(a) of the Federal Trade Commission

Act, the Telem arketing Sales Rule, and the Florida Deceptive and Unfair Trade Practices Act.

Defendant Alvarez was served with the summ ons and the Complaint on July 2, 2016.

This cause came before the Court upon Plaintiffs' M otion for Default Judgment Against

Defendant Alvarez (D.E. 89), filed on Auzust 4. 2017. The Court has considered the motion,

the pertinent portions of the record, and being otherwise fully advised in the premises, it is

ADJUDGED that the m otion is GRANTED. The Court tqnds Defendant Alvarez liable

for Counts I through V1 of the Complaint. Having reviewed the Declaration of Plaintiff Federal

Case 1:16-cv-21843-FAM Document 104 Entered on FLSD Docket 10/18/2017 Page 1 of 4 
Trade Comm ission Forensic Accountant Thom ms VanW azer and other written submissions of

Plaintiffs, the Court tlnds the nm ount of Defendant Student Aid Center, lnc.'s unjust gains from

its unlawful pradices is the net revtnue of $35,332,438 (total sales of $38,371,537.33 less total

sales returns of $2,985,098.83). Plaintiffs are entitled to equitable monetary relief against

Damien Alvarez in the am ount of $35,332,438. It is further

ORDERED that Defendant Alvarez is permanently rtstrained and enjoined from

advertising, marketing, promoting, offering for sale, or selling, ox assisting others in the

advertising, marktting, promoting, offering for sale, or selling of any secured or unsecurtd debt

relief product or service. lt is further

ORDERED that Defendant Alvarez, his officers, agents, em ployees, and attorneys, and

a1l other persons in active concert or participation with any of them , who receive actual notice of

this Order, whether acting directly or indirectly, in connection with the advertising, marketing,

prom oting, offering for sale, or selling of any product, service, plan, or program , are ptrmanently

restrained and enjoined from misrepresenting, or assisting others in misrepresenting, expressly or

by implication:

Any m aterial aspect of the nature or term s of any refund, cancellation, exchange,

or repurchase policy, including the likelihood of a consum er obtaining a full or

partial refund, or the circum stances in which a full or partial refund will be

granted to the consumer;

B. That any person is afsliated with, endorsed or approved by, or otherwise

connected to any other person; govem ment entity; public, non-profit, or other

non-com mercial Progrnm ; Or any Other program ;

Case 1:16-cv-21843-FAM Document 104 Entered on FLSD Docket 10/18/2017 Page 2 of 4 
The nature, expertise, position, orjob title of any person who provides any

product, service, plan, or program ',

D. The ptrson who will providt any product, service, plan, or program to any

Consum er;

E. That any person providing a testimonial has purchmsed, received, or used the

Product, Servicey Plan, Or Progrnm ;

That the experience represented in a testim onial of the product, service, plan, or

program represents the person's actual experience resulting from the use of the

product, service, plan, or program under the circumstances depicted in the

advertisement; or

Any other fact material to consumers concem ing any good or service, such as:

the total costs; any m aterial restrictions, lim itations, or conditions', or any m aterial

aspect of its ptrform ance, effcacy, naturt, or central characteristics.

It is further

ORDERED that Defendant Alvarez, his officers, agents, employees, and atlorneys, and

al1 other persons in active concert or participation with any of them , who receive actual notice of

this Order, whether ading directly or indirectly, in connection with the advertising, marketing,

prom oting, offering for sale, or selling of any financial product or service, are perm anently

restrained and enjoined from making any representation or assisting others in making any

representation, expressly or by im plication, about the benefits, perform ance, or efficacy of any

product or service, unless the representation is non- m isleading, and, at the tim e such

representation is m ade, Defendant Alvarez possesses and relies upon com petent and reliable

evidence that is suftk ient in quality and quantity based on standards generally accepted in the

3

Case 1:16-cv-21843-FAM Document 104 Entered on FLSD Docket 10/18/2017 Page 3 of 4 
relevant fields, when considered in light of the entire body of relevant and reliable evidence, to

substantiate that the representation is true.

The Court retains jurisdiction for purposes of construction, modiscation, and

enforcem ent of this Order.

DONE AND OR A ( DERED in Cham bers at M iami, Florida, this of October 2017.

Z ..- 'M . '.* 'e. x . 

. .. *'* VR

FEDERI A . M N0

UNITED STATES DISTRICT JUDGE

Copies fum ished to:

Counsel of Record

Dam ien Alvarez, Pro se

10501 South Cam elot Circle

Davie, FL 33328

Case 1:16-cv-21843-FAM Document 104 Entered on FLSD Docket 10/18/2017 Page 4 of 4