STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS IN THE MATTER OF: DOORKNOB DISCOUNT CENTER, LLC and ROBERT M. BARDEL Attorney General Case No. L14-3-1073 ASSURANCE OF VOLUNTARY COMPLIANCE Pursuant to the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes (2014), the STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, ("the Attorney General") investigated certain business practices by DOORKNOB DISCOUNT CENTER, LLC, a limited liability company doing business at 13909 N. Dale Mabry Hwy, Suite 106, Tampa, Florida, whose manager is ROBERT M. BARDEL. Mr. Bardel's address is 18404 Bittern Avenue, Lutz, FL 33558-2738. Without admitting that they violated Florida law and for the purpose of resolving this matter only, DOORKNOB DISCOUNT CENTER, LLC ("DDC") and ROBERT M. BARDEL ("Bardel") are now prepared to enter into this Assurance of Voluntary Compliance ("A VC"), and the Attorney General accepts this A VC in termination of its investigation pursuant to Section 501.207(6), Florida Statutes. MATTERS INVESTIGATED 1. DDC is a Florida Limited Liability Company that was located in Tampa, Florida and, beginning in approximately 2010, engaged in the business of selling doorknobs and door hardware on line to customers nationwide. Bardel was the manager of DDC.
2. Beginning in 2013, Bardel and DDC began to have problems keeping up with the demand for DDC's products and expanded the business too quickly. As a result, DDC fell behind in filling customer orders and also fell behind in paying its creditors. 3. In late 2013, DDC stopped taking new orders for merchandise and focused its efforts on filling existing orders. 4. In early 2014, DDC ceased doing business, leaving some customer orders for merchandise unfilled even though the customers had fully paid for their merchandise. 5. DDC and Bardel have identified those customers who paid for merchandise without receiving their merchandise and now desire to make such customers whole. COMPLIANCE IT IS HEREBY AGREED BY THE PARTIES: 6. DDC and BARDEL shall comply with the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes (2012) and Section 501.0117, Florida Statutes (20 12). 7. DDC and BARDEL will not accept orders from consumers or collect money for merchandise from consumers without providing the ordered merchandise. CONSUMER RESTITUTION 8. DDC and BARDEL will fully reimburse every consumer who ordered and paid for merchandise from them who failed to receive the ordered merchandise. Specifically, DDC and BARDEL agree to provide restitution to the following consumers in the following amounts within thirty (30) days of the execution ofthis Agreement: a. b. Chris Clemens James Hartman $726.17 $293.52 2
RECORD-KEEPING 9. Within 90 days of executing this AVC, DDC and BARDEL shall provide to the Attorney General a compliance affidavit that includes: (a) A list of all consumers who received reimbursements and a statement of the dollar amounts, along with the dates on which the reimbursements were mailed or otherwise provided; and (b) A list of consumers to whom DDC and BARDEL attempted to provide a reimbursement pursuant to this AVC, but the checks were returned or were not cashed. 10. DDC and BARDEL shall retain all records concerning compliance with this A VC for two years following the Execution Date of this AVC and make them available to the Attorney General upon request. FEES AND COSTS 11. DDC and BARDEL acknowledge and agree to pay the sum of $30,675.00 for attorney's fees and investigative costs by cashier's check to the Attorney General's Revolving Trust Account, sent to Gerald Johnson, Department of Legal Affairs, Office of the Attorney General, PL-0 1 The Capitol, Tallahassee, Florida 32399-1050 within 180 days of the execution by DDC and BARDEL of this A VC; provided that the payment of such fees and costs shall be waived and considered satisfied by the Attorney General if DDC and BARDEL timely and fully make the restitution payments agreed to above in Paragraph 8 of this AVC. MISCELLANEOUS PROVISIONS 12. Nothing in this AVC limits the Attorney General's ability to investigate and take action regarding any business practices by DDC and BARDEL apart from the Matters Investigated. 3
13. DDC and BARDEL shall not represent directly or indirectly that the Attorney General has approved any of their business practices. APPLICABILITY 14. This AVC shall bind DDC and its officers, directors, employees and agents, and shall be binding upon any other business entity run, managed, operated or owned wholly or in part by DDC. 15. DDC shall not effect any change in its way of doing business or organizational identity so as to avoid compliance with the terms and conditions set forth in this AVC. 16. DDC shall be responsible for making the substantive terms and conditions of this A VC known to its officers, directors, employees, agents, representatives, successors and assigns. FUTURE VIOLATIONS 17. Violation of this A VC shall subject DDC and BARDEL to civil penalties and sanctions provided by law. Pursuant to Section 501.207, Florida Statutes, a material violation of this AVC is prima facie evidence of a violation of the Florida Deceptive and Unfair Trade Practices Act, Section 501, Part II, Florida Statutes. Any court proceedings attendant to this matter shall take place in Leon County, Florida. ACCEPTANCE 18. This A VC shall become effective upon its execution by DDC, BARDEL and the Attorney General. 4
FORDDC: Doorknob Discount Center, LLC by Robert M. Bardel, Manager STATE OF FLORIDA COUNTY OF 'tl \; \ Sbo '"'-'5b BEFORE ME, an officer duty authorized to take acknowledgments in the State of flo n'jc~-... personally appeared 11 e.b-e.(-1- ~c...rj d as f'"lc-""'bu and duly authorized representative of DOORKNOB DISCOUNT CENTER, LLC, and acknowledged before me that he executed the foregoing instrument for the purposes therein stated, on this?1r.} day of ~e,b. 2015. Produced Identification..:f._ Or personally known to me. Type of Identification Produced: f\ t\._..il<~ 1.-:c..t.,_~{_ Notary Public (signature) (Print, type or stamp commissioned name of Notary) ~~ x/2-3/t,s Robert M. Bardel, Individually / 5
STATE OF FLORIDA COUNTY OF Qs ~ \\S6olov~J.-.. BEFORE ME, an officer duty authorized to take acknowledgments in the State of F lo r l~, personally appeared ROBERT BARDEL and duly acknowledged before me that he executed the foregoing instrument for the purposes therein stated, on this 13r ~ day of fth 2015. Produced Identification~ Or personally known to me. Type of Identification Produced: y\ ~ f". \J<I ) L-; t.-t.~ '>-L Notary Public (signature) (Print, type or stamp commissioned name ofnotary) FOR THE OFFICE OF THE ATTORNEY GENERAL ACCEPTED this 2 4"\fay of f e_d'f\ )I'D{ 2015. STEV~ SENIOR ASSIST ANT ATTORNEY GENERAL CONSUMER PROTECTION DIVISION DEPARTMENT OF LEGAL AFFAIRS OFFICE OF THE ATTORNEY GENERAL 1300 Riverplace Blvd., Suite 405 Jacksonville, FL. 32207 (904) 248-2720 6
~A ~ ~?<MJiwL faura BOECKMAN NORTH FLORIDA BUREAU CHIEF CONSUMER PROTECTION DIVISION DEPARTMENT OF LEGAL AFFAIRS OFFICE OF THE ATTORNEY GENERAL 1300 Riverplace Blvd., Suite 405 Jacksonville, FL. 32207 (904) 248-2720 7