SC Administrative Law Court Decisions

This matter comes before me upon a petition for injunctive relief filed on June 5, 2008 by the South Carolina Department of Consumer Affairs (SCDCA). An answer was timely filed by counsel for the Respondents on September 15, 2008.

WHEREAS, SCDCA and counsel for the Respondents have agreed to the terms and conditions more fully set forth in that certain Assurance of Voluntary Compliance, a copy of which is attached hereto and incorporated herein as if fully restated verbatim, as a full and final resolution of this matter. The Court finds:

1. The Respondents and SCDCA have agreed and stipulated as follows:

a. The Respondents shall cease and desist from employing, compensating, or appointing as their agents unlicensed originators in violation of S.C. Code Ann. Section 40-58-10 et seq.;

b. The Respondents shall cease and desist from operating any unlicensed locations in South Carolina in violation of S.C. Code Ann. Section 40-58-10 et seq.;

c. The Respondents shall pay SCDCA an administrative fine in the sum of $7,500.00 pursuant to the terms and conditions set forth in the attached Assurance of Voluntary Compliance; and

d. The Respondents shall be restrained from violating S.C. Code Ann. Section 40-58-10 et seq., together with applicable State and Federal law.

2. The foregoing settlement as further outlined in the attached Assurance of Voluntary Compliance appears to be a fair and equitable resolution of the said petition for injunctive relief.

WHEREFORE, upon the consent of the parties, it is

ORDERED that the foregoing settlement and Assurance of Voluntary Compliance are hereby approved and adopted as the Order of this Court. The South Carolina Administrative Law Court shall retain jurisdiction over this matter for enforcement of this Order.

AND IT IS SO ORDERED.

Marvin F. Kittrell

Chief Judge

April 9, 2009

Columbia, South Carolina