UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

M iam i Division

Case Num ber: 16-21843-CIV -M ORENO

FEDEM L TRADE COM M ISSION and THE

STATE OF FLORIDA,

Plaintiffs,

VS.

STUDENT AID CENTER, INC . ,RAM IRO

FEM ANDEZ-M ORIS, and DAM IEN

ALVAREZ,

Defendants.

JUDGM ENT AND ORDER FOR PERM ANENT INJUNCTION AND OTHER

EOUITABLE RELIEF AS TO DEFENDANT M M IRO FERNANDEZ-M ORIS

On M ay 23, 2016, Plaintiffs Federal Tradt Comm ission and Offk e of the Attom ey

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

Injunction and Other Equitable Relief against Dtfendants Student Aid Center, lnc., Ramiro

Fernandez-M oris, and Dam ien Alvarez. The Complaint alleges that Defendants engaged 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 Fernandez-M oris was served with the sum mons and the Com plaint and fled his

answer with the Court.

Plaintiffs ûled motions for summary judgment against Defendant Femandez-M oris on

August 4, 2017. Defendant Fernandez-M oris' responses were due on August 18, 2017, but he

failed to file responses or show cause why the motions should not be granted by default. The

Court granted summary judgment against Defendant Fernandez-Moris in favor of Plaintiffs on

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August 31, 2017, and found Defendant Fernandez-M oris liable for violations of Section 5(a) of

the Federal Trade Comm ission Act, 15 U.S.C. j 45(a); Sections 310.4(a)(5)(i), 310.3(a)(2)(x),

and 310.3(a)(1)(viii)(C) of the Telemarketing Sales Rule; and Sections 501.204(1) and

817.802(1) of the Florida Deceptive and Unfair Trade Pradices Act, in connection with the

advertising, m arketing, prom oting, offering for sale, or sale of student loan debt relief services.

Accordingly, it is

ADJUDGED that Defendant Femandez-Moris is liable for injunctive relief under

Section 5 of the Federal Trade Com mission Act and under Section 501.204(1) of the Florida

Deceptive and Unfair Trade Practices Act.Defendant Fernandez-M oris and his co-dtfendants

have received Thirty-Five M illion, Three Hundred Thirty--rwo Thousand, Fottr Hundred ThirtyEight Dollars ($35,332,438) from the conduct alleged in Plaintiffs' Complaint. Thus, Plaintiffs

are entitled to equitable m onetary relief against Defendant Fernandez-M oris in the am ount of

$35,332,438. lt is further

ORDERED that Defendant Fernandez-Moris is permanently restrained and enjoined

from advertising, m arketing, prom oting, offering for sale, or selling, or assisting others in the

advertising, marketing, promoting, offering for sale, or selling of any secured or unsecured debt

relief product or service. lt is further

ORDERED that Defendant Fem andez-M oris, 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 acting directly or indirectly, in connection with the

advertising, m arketing, prom oting, offering for sale, or selling of any financial product or

service, are permanently restrained and enjoined from misrepresenting, or assisting others in

misrepresenting, expressly or by implication'.

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

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

partial refund, or the circum stances in which a f'ull or partial refund will be

granted to the consum er;

B . That any person is affiliated with, endorsed or approved by, or othem ise

connected to any other person; governm ent entity; public, non-profit, or other

non-comm ercial program ; or any other progrnm ;

The natme, expertise, position, or job title of any person who provides any

Produd, Service, Plan, Or Program;

D . The person who will provide any product, service, plan, or program to any

consum er;

That any person providing a testim onial has purchased, received, or used the

Produd, Service, Plan, Or progrnm ;

F. That the experience represtnted in a testim onial of the product, service, plan, or

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

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

advertisement; or

G. Any other fact m aterial to consumtrs concem ing any good or service, such as: the

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

aspect of its perfonnance, efûcacy, nature, or central characteristics.

It is further

ORDERED that Defendant Fernandez-M oris, his oflcers, agents, employees, and

attorneys, and al1 other persons in active concert or participation with any of them , who receive

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acm al notice of this Order, whether acting directly or indirectly, in connection with the

advertising, m arketing, promoting, offering for sale, or selling of any fnancial product or

servict, are permanently restraintd and tnjoined from making any representation or assisting

others in making any representation, expressly or by im plication, about the btnefits,

perform ance, or effkacy of any product or service, unless the representation is non misleading,

and, at the tim e such representation is m ade, Defendant M oris possesses and relies upon

competent and reliable evidence that is sufficient in quality and quantity based on standards

generally accepted in the relevant felds, 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 puposes of construdion, moditk ation, and

enforcement of this Order. z;.-

DONE AN D OIO ERED in Chambers at M iami, Florida, this of October 2017.

FEDE A . M ou N o

UNIT D SG TES DISTRICT JUDGE

Copies furnished to:

Counsel of Record

Dam ien Alvarez, Pro se

10501 South Camelot Circle

Davie, FL 33328

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