ORDERS:
AMENDED ORDER OF DISMISSAL
On October 10, 2006, I issued an Order requiring Respondent to provide Petitioner with Discovery requests that were unfulfilled within ten (10) days from the date of the Order. On October 30, 2006, Petitioner made a Motion for Default Judgment. As of that date, Respondent had not provided Petitioner with any of the Discovery requests as ordered. ALC Rule 23 provides:
The administrative law judge may dismiss a contested case or dispose of a contested case adverse to the defaulting party. A default occurs when a party fails to plead or otherwise prosecute or defend, fails to appear at a hearing without the proper consent of the judge or fails to comply with any interlocutory order of the administrative law judge. Any non- defaulting party may move for an order dismissing the case or terminating it adversely to the defaulting party.
Therefore, on November 8, 2006, I dismissed this case with prejudice. On December 5, 2006, Petitioner made a Motion to Alter or Amend the Final Order. Upon consideration of Petitioner’s request, I hereby issue this Amended Final Order. Therefore,
IT IS HEREBY ORDERED that:
1. Respondent Clean Credit USA, and its agents or assigns, SHALL CEASE AND DESIST from offering consumer credit counseling services to, or engaging in consumer credit counseling services with, South Carolina consumers; and
2. Respondent Clean Credit USA, and its agents or assigns, SHALL PROVIDE the Department, within thirty (30) days of this Order, with a list of all consumers who entered into a contract with the Respondent after December 1, 2005. The list shall contain the names, addresses, telephone numbers and total fees collected for each consumer. If the list is not received in the time period allotted, the Court will impose sanctions as it deems just and appropriate; and
3. Respondent Clean Credit USA, and its agents or assigns, SHALL REFUND $142,175 to approximately 482 consumers who entered into contracts after December 1, 2005 at or through the 4436 Augusta Road, Lexington, SC 29073 or at or through the other locations in Columbia, North Charleston, Greenville, Rock Hill and Orangeburg; and
4. Respondent Clean Credit USA, and its agents or assigns, SHALL BE ASSESSED an administrative fine of $241,000 for violations of the South Carolina Consumer Credit Counseling Act.
IT IS FURTHER ORDERED that this case is DISMISSED with prejudice.
AND IT IS SO ORDERED.
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Ralph King Anderson, III
Administrative Law Judge
December 21, 2006
Columbia, South Carolina |
