/

Case 1:16-cv-21843-FAM Document 97 Entered on FLSD Docket 08/31/2017 Page 1 of 2 

FEDEM L TM DE COM M ISSION and THE

STATE OF FLORD A,

Plaintiffs,

VS.

STUDENT AID CENTER, INC . ,RAM IRO

FERNANDEZ-M ORIS, and DAM IEN

ALVAREZ,

Defendants.

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

M iam i Division

Case Number: 16-21843-CIV-M ORENO

ORDER GM NTING PLAINTIFFS' M OTIONS FOR SV M M ARY JUDGM ENT

ln this case, the Federal Trade Commission and the State of Florida sued Student Aid

Center, Inc. and two individuals- Ramiro Fernandez-M oris and Damien Alvarez- for: (1)

violations of the Federal Commission Act; (2) violations of the Telemarketing Sales Rule; and

(3) violations of the Florida Deceptive and Unfair Trade Practices Act. This case was brought in

coordination with several state attorneys general who filed against Student A id Center separately

in their respective state courts.

Before this complaint was filed, Student Aid Center tiled for Chapter 7 bankruptcy. Both

the bankruptcy trustee for Student Aid Center and Alvarez appeared in this case, but have agreed

to be defaulted. Plaintiffs have filed a motion for default judgment against Student Aid Center

and Alvarez. Fernandez-M oris has appeared in the case, but is not in default. Plaintiffs have

each filed a motion for summaryjudgment against Fernandez-Moris (D.E. 90, 91). FernandezMoris has not responded to the summaryjudgment motions. Thus, under S.D. Fla. L.R. 56.1(b),

all material facts set forth in Plaintiffs' statem ents of undisputed m aterial facts in support of
summary judgment are deemed admitted, as long as this Court finds that the statements are

supported by evidence in the record.Here, the statem ents of fact are clearly supported by the

record.

Generally, the tmdisputed facts show that Student Aid Center- which was operated by

Fernandez-M oris and Alvarez- ran an unlawful debt relief enterprise that enticed consumers to

sign up for services using misleading and false claim s and abusive practices. Student Aid Center

misled consumers to believe that they could receive loan forgiveness or m odiscation if they paid

Student Aid Center upfront fees, and also that Student Aid Center w as involved in the student

loan forgiveness or moditk ation approval process.Student Aid Center's net revenue dtlring its

less than four years of operation was m ore than $35 m illion. Fernandez-M oris was paid at least

$1,696,579.

THE COURT has considered the motions for summary judgment, the pertinent portions

of the record, and being otherwise fully advised in the prem ises, it is

ADJUDGED that the motions for summaryjudgment (D.E. 90, 91) are GM NTED. The

Court will address the proper relief to be afforded to Plaintiffs in a separate order in conjtmction

with the relief Plaintiffs seek in their motion for default judgment against the defaulted

defendants. The Clerk is directed to close the case. .

DONE AN D ORDERED in Cham bers at M inmi, Florida, this of August 2017.

...,m rr*

.., . . ' ' l . .

FEDERIC . O

UNITED ATESY ISTRICT JUDGE

Copies furnished to:

Counsel of Record

-2-

Case 1:16-cv-21843-FAM Document 97 Entered on FLSD Docket 08/31/2017 Page 2 of 2