STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL,

DEPARTMENT OF LEGAL AFFAIRS

IN THE INVESTIGATION OF:

AFFORDABLE LOCKSMITH SERVICES, INC., BRUCE LAWNERand CHERYL LA WNER,

Respondents

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Case No. 12-3-1132

ASSURANCE OF VOLUNTARY COMPLIANCE

PURSUANT to the provisions of Chapter 501, Part II of the Florida Statutes, Florida' s

Deceptive and Unfair Trade Practices Act, the Office Of The Attorney General, Department Of

Legal Affairs (hereinafter referred to as the "Depmiment"), caused an investigation to be made

into the business practices of Affordable Locksmith Services, Inc., Bruce Lawner and Cheryl

Lawner, as officers of Affordable Locksmith Services, Inc. (hereinafter "Respondents").

Affordable Locksmith Services, Inc. is a Florida for-profit corporation with its principal

place of business registered as 5944 Coral Ridge Drive, #158, Coral Springs, Florida 33076.

Bruce Lawner is an individual residing at 11742 Northwest 57th Street, Coral Springs,

Florida 33076 and is or has been an officer of Respondent.

Cheryl Lawner is an individual residing at 11 742 Northwest 57th Street, Coral Springs,

Florida 33076 and is or has been an officer of Respondent.

The Department, by and through the undersigned Assistant Attorney General, and the

undersigned Director of the Consumer Protection Division, being in agreement, accept this

Assurance of Voluntary Compliance ("A VC") in termination of this investigation, as set out in

the terms· of this A VC, as to Respondents, pursuant to Section 50 1.207(6), Florida Statutes, and

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by virtue of the authority vested in the Department by said statute.

I. STIPULATED FACTS

The Department and Respondents hereby agree and stipulate to the following:

1. During the time frame beginning at least 2004 through the present and continuing,

Respondents operate a locksmith business named Affordable Locksmith Services, Inc. The

business utilized several fictitious names registered with the Florida Department of State,

Division of Corporations, including but not limited to the active fictitious names "Accredited

Lock and Hardware," and "Quality Locksmith."

2. The Department has investigated allegations, including, but not limited to, that

Respondents advertise for locksmith services including a free estimate, guaranteed 1 00%

customer satisfaction, a 30-minute response time and services by accredited locksmiths, which

advertisements may be false and/or misleading. The Department has received consumer

complaints, which complaints Respondents refute. Respondents have cooperated and provided

satisfactory explanations to address the allegations and complaints.

3 . Respondent and the Department desire to resolve all issues arising during the

course of this investigation and jointly participated in this settlement negotiation.

4. This AVC is based upon the stipulated allegations set forth in Paragraphs 1-3

above. The Department shall not be estopped from taking further action in this matter should the

facts described herein be shown to be incorrect in any material way, or the AVC not be complied

with in full by Respondent.

II. INJUNCTIONS

5. The terms used herein shall have the following meanings:

5.1 "Clear and conspicuous" (including ':clearly and conspicuously") means

that a statement, representation, claim, disclosure or material term being conveyed is presented in

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a way that a consumer will notice and understand it. All clear and conspicuous disclosures shall

be made before a sale is made or work is commenced for which sale or work Respondents or

agents expect payment. The following, without limitation, shall be considered in determining

whether a statement, claim, term, or representation is clear and conspicuous:

(a) whether it is of sufficient prominence in terms of font, size, placement,

color, contrast, duration of appearance, sound and speed, as compared with accompanying

statements, claims, terms, or representations so that it is readily noticeable, understandable, and

likely to be read by the person to whom it is directed; and if written or conveyed electronically,

the terms are not buried on the back or bottom, or in unrelated information or placed on a portion

of the page that a reasonable person would not think contained significant information;

(b) whether it is presented to the person(s) to whom it is directed in a coherent

and meaningful sequence with respect to other terms, representations claims or statements being

conveyed;

(c) whether it is near to or in close proximity to the statement, representation,

claim, or term it clarifies, modifies, explains, or to which it otherwise relates;

(d) whether it contradicts, or renders ambiguous or confusing, any other

information with which it is presented ;

(e) whether, if it is oral, it is at an understandable pace and in the same tone

and volume as the sales offer;

(f) whether it appears for a duration sufficient to allow listeners or viewers to

have a reasonable opportunity to notice, read, or otherwise understand;

(g) whether the language and terms used are commonly understood by the

consumer in the context in which they are used;

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(h) whether it is presented in such a way as to be free of distractions,

including but not limited to sound, graphics, text or other ofiers that compete for the attention of

the consumer;

(i) whether, in advertising on the Internet, it is made on the same page as any

other term, statement, claim or representation that it modifies, and either above the fo ld or clearly

referenced or linked to a location below the fold;

G) whether the disclosure, term, condition or representation appears on the

Internet on a co-registration order path in which numerous offers for various goods and services

are represented to be free, and the consumer is required to accept a certain number of offers.

5.2 "Merchandise" means all commodities which merchants usually buy and

sell, whether at wholesale or retail; wares and commodities such as are ordinarily the objects of

trade and commerce; does not include real estate or food products.

6. Respondents, including representatives, agents, employees, successors, assigns,

independent contractors, third party servicers or any other person who acts under, by, through, or

on behalf of Respondents, directly or indirectly, or through any corporate or other device, shall

not:

(a) Violate the Florida Deceptive and Unfair Trade Practices Act, Chapter

501, Part II, Florida Statutes, or any provision thereof;

(b) Make any representation, expressly or by implication, that does not

comply with any applicable rule or regulation established by the Federal

Trade Commission or any other regulatory agency which is responsible

for oversight of the product or service being adve1iised;

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(c) Make any knowingly false or knowingly misleading statements regarding

the response time for a call or cost of locksmith services or guarantee

such response time;

(d) Make any representation, oral or written, of any guarantee of "1 00%

customer satisfaction," or other similarly-worded guarantee.

7. Respondents, including representatives, agents, employees, successors, assigns,

independent contractors, third party servicers or any other person who acts under, by, through, or

on behalf of Respondents, directly or indirectly, or through any corporate or other device, shall:

(a) Honor any price quoted prior to the initiation of providing locksmith

services and if a quote for services over the phone is provided, the quote

must include not only the service charge, but a disclosure that the service

charge is a fee charged simply to show up and give an estimate of work to

be done and/or that the total cost may not be determined until a

professional observes the specific lock installation or lock problem;

(b) Ensure that any employee, independent contractor or representative of

Respondents performing locksmith services for which consumer was

provided a quoted price has actual knowledge of the quoted price, if any,

prior to the initiation of services;

(c) Inform consumer of the pdce of the services to be provided prior to the

initiation of locksmith services, if possible;

(d) Immediately inform consumer of a change in quoted price when and if

. Respondents, including but not limited to any employee, independent

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contractor or representative of Respondents, become aware of any change

in the scope of services to be provided to a customer;

(e) Clearly and conspicuously disclose to consumers the terms of

Respondents' cancellation and/or refund policies, including all applicable

policies if more than one of each type exists, and maintain adequate

customer service capacity to facilitate requests that comply with the

disclosed cancellation and/or refund procedures or clearly and

conspicuously disclose to consumers that all sales and completed

installations are final and not refundable; and

(f) Maintain adequate customer service personnel to expeditiously examine,

address and resolve consumer complaints.

8. Respondents shall make the terms and conditions of this AVC known to any

managers, members, officers, directors, employees, and/or agents, or otherwise provide

instructions or procedures in the written form, attached hereto as Exhibit A and incorporated

herein, to independent contractors, third party servicers or anyone else acting for or on behalf of

Respondents, regarding sale of Merchandise or locksmith services to be furnished to consumers.

The obligation imposed by this paragraph is continuing in nature and shall apply to any relevant

future business activities for the sale of Merchandise or locksmith services to consumers in

which any Respondent participates or has ownership and/or control.

9. It is further agreed that Respondents shall not affect any change in the form of

doing business, or the organizational identity of any of the existing business entities, or create

any new business entities as a method of avoiding the terms and conditions set forth in this A VC.

It is understood that this prohibition does not bar Respondents from organizing a new business

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entity to perform locksmith services provided Respondents give written notice to the Department

of the new business entity within ten ( 1 0) business days of its organization.

10. Nothing in this A VC shall be construed as a waiver of any private rights of any

person or release of any private rights, causes of action, or remedies of any person against

Respondents or any other person or entity.

III. STIPULATED PAYMENTS

11. The parties agree that Affordable Locksmith Services, Inc. shall pay the sum of

$500.00 (FIVE HUNDRED DOLLARS AND ZERO CENTS) to Seniors vs. Crime as senior

citizens are generally affected by illicit locksmith operations. The Respondents have submitted

sworn financial affidavits and documentation which are represented to be true and correct and

which indicate an inability to pay more than the amount set forth in this paragraph 11. This

payment is in satisfaction of financial liabilities hereunder. Respondents have also made several

voluntary changes to websites and advertisements to provide disclosures but due to these \

changes, calls for service have continued to fall, and the business currently stmggles to remain

viable. Respondents are in need of the business' continued operation as it is the only means by

which they can afford to maintain health insurance for its officers.

12. Complaints filed against Respondents have been considered and it appears most

arose from insufficient disclosure that quoted prices reflected only the service call, not the

installation of the material. Respondents' additional disclosures rectify this issue and mitigate

against any further financial sanction.

13. The Department reserves the right to seek Chapter 501 civil penalties, restitution

and/or attorneys fees and costs in the event the Respondents materially violate any provision of

this AVC. Payment hereunder shall be made by cashier's check or other certified funds, made

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payable to Seniors vs. Crime. The payment shall be submitted simultaneously with the

submission of a partially executed copy of this A VC. The orig~nal A VC, bearing the notarized

signatures of Respondents and the above-described payment, will be delivered to the attention of

Fulvio Joseph Gentili, Assistant Attorney General, Office of Attorney General, Consumer

Protection Division, 110 S.E. 6th Street, Ft. Lauderdale, FL 33301.

IV. BUSINESS RECORDS

14. Any personal or financial information provided. by or relating to consumers in the

custody or possession of Respondents shall be securely stored or disposed of in such a manner

as to reasonably protect against inadvertent disclosure of consumer information. Respondents,

including any representatives, agents, employees, successors, and assigns, shall not, directly or

indirectly, market, sell, share or otherwise disclose the financial inforn1ation of any consumer

who provided any personal or financial information or any monetary payment to Respondents.

15. Respondents agree to retain documents and other information reasonably

sufficient to establish compliance with the provisions of this A VC for two (2) years from the

Effective Date of this AVC.

V. FUTURE VIOLATIONS

16. It is hereby agreed by the parties that any material failure to comply with the

terms and conditions of this A VC is by statute prima facie evidence of a violation of Chapter

501, Part II, Florida Statutes.

17. In the event that a court of competent jurisdiction makes a determination that a

material violation of any condition of this AVC has occurred, then Respondents shall be liable

pursuant to Florida Statutes Section 501.2075 as determined by a court of competent jurisdiction.

The Department also reserves the right to seek Chapter 501 penalties for any future violation(s)

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of Chapter 501, Part II, Florida Statutes. In the event of a material breach or violation of this

A VC by Respondents, the Department shall provide Respondents and counsel, notice of default

and Respondent shall have fifteen (15) business days within which to cure the material violation

or breach (hereinafter referred to as the "cure period"). Should the material violation or breach

not be cured within the cure period, then that shall constitute an uncured default under this A VC

and entitle the Department to seek the remedies set forth in this Paragraph 17.

VI. CLOSURE OF INVESTIGATION

18. It is fu11her agreed by the parties that upon the receipt of the agreed upon

payments from Respondent, the Office of the Attorney General agrees to close its civil

investigation into the activities of Respondent, as set forth above, without prejudice to any

remaining investigation as to other entities. The parties agree that this A VC has been entered

into based on the truthfulness of the information provided by Respondent.

VII. EFFECTIVE DATE OF ASSURANCE OF VOLUNTARY COMPLIANCE

19. It is further agreed by the parties that the effective date of this A VC shall be the

date of its execution and delivery by all the parties, including each of tbe parties reflected by the

signature lines below. Acceptance by the Office of the Attorney General shall be established by

the signature of the Consumer Protection Division South Florida Bureau Chief. The receipt by

the Office of the Attorney General of any monies pursuant to the A VC does not constitute

acceptance by the Consumer Protection Division South Florida Bureau Chief, and any monies

received shall be returned to Respondent if this A VC is not accepted and executed by the

Consumer Protection Division South Florida Bureau Chief.

20. It is further agreed that facsimile copies of signatmes and notary seals may be

accepted as original for the purposes of establishing the existence of this agreement.

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VIII. NOTICE TO PARTIES

21. It is further agreed that future notice to any of the patties to this AVC may be

made by notice sent certified mail to at the addresses set forth herein unless either party notifies

the other by certified mail of another address to which notices should be provided.

IX. CONSTRUCTION OF AGREEMENT

22. It is fmiher agreed that the parties jointly participated in the negotiation of the

terms of this AVC. No provision of this AVC shall be construed for, or against, any party, on

the grounds that one party had more control over establishing the terms of this AVC, than

another. This A VC may be signed in counterparts, which together shall constitute one agreement.

23. Nothing in this Assurance shall be construed as a waiver of any private rights of

any person or release of any private rights, causes of action, or remedies of any person against

Respondent or any other person or entity unless expressly stated herein.

24. Notwithstanding any other provision of this A VC, nothing herein shall be

constmed to impair, compromise or affect any right of any government agency other than the

Office of the Attorney General for the State of Florida.

In witness whereof, Respondents have caused this A VC to be executed in the county and

state listed below, as of the date affixed thereon.

END OF PAGE

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By my signature, I hereby affirm that I am acting in my capacity and within my authority

as corporate representative and that by my signature I am binding the business to the tenus and

conditions ofthis Assurance of Voluntary Compliance.

AFFORDABLE LOCKSMITH SERVICES, INC. 5944 Coral Ridge Drive, #158, Coral Springs, Florida 33076

By~~< . \_,.,\.-.

Its Pra<:>((.(Qffi=- f\thxdo.b<.t_ 1--0-<\-)rm\h STATE OF F~RlDA . l COUNTY OF ±(OVJ:::t(O\

BEFORE ME, an officer duly authorized to take acknowledgments in the State of Florida, personally appeared , who produced as identification. Slhe acknowledged before me that s/he executed the foregoing instrument for the purposes therein stated as the authorized representative of the Respondent on the _ _ day of , 2014.

L - e Subscribed to before me this~ day of_~-=---+--' 2014. ,~~rr~ LEEANN BERRY : .r··Ji.".i:: MYCOMMISS!ONiFF081248

~-A·~l EXPIRES: January 7, 2018 ···'t_fif.~~- Bonded Thru Notary Public Underwriters NOTARY PUBLIC

(print, type, or stamp commissioned Notary Public)

Personally known __ or Produced Identification ____ (check one) Type of Identification Produced: _ ________ _

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STATE OF FLORIDA COUNTY OF bC&t..o-ol

BEFORE ME, an officer duly authorized to take acknowledgments in the State of Florida, personally appeared Bruce Lawner who produced f k£) L as identification. He acknowledged before me that he executed the foregoing instrument for the purposes therein stated on then day of:1 \lrL , 2014.

Subscribed to before me this --.l.:l- day of_,__~..L...J'-+--'':--t-·

f ,,<;.~~"/.;••,,, MA:-wu, ! '[ NG!:lLE

~ F/r.).~)~\ 1.:: · Y PubliC · St1te uf Florida ' :.. i • '.: M, Cvrnrn. Exp11cs Nay 28 2014'

~ \ ('. ~- '-.~-./ c~,•mis ·ion '' EE 45323 (prin , ype, or stamp commissioned Notary Public) ,~ • • ,.,,. '. :1t.. : :nrr .:'·· \,1;i'i I Not2ry Assn.

Person;lly .known~ ~~ Pr.e"dfdentification v (check one) Type ofldentification Produced: F v\) L LS(oocu<ol S'C '2~l .. .'u

CHERYL LA NER, Individually

STATE OF FL~IDA COUNTY OF t(o,.,.,nvd

BEFORE ME, an officer duly authorized to take acknowledgments in the State of Florida, personally appeared Cheryl Lawner who produced as identification. She acknowledged before me that she executed the foregoing instrument for the purposes therein stated on the )l... day of J.Lw~ , 2014.

Subscribed to before me this~ day of ~<- , 2014.

NOTARY PUBLIC

.., .. ~~'fif'•,,, LEEANN BERRY {!'JJ;.~:;_ MY COMMISSION# FF 081248 ~-~-'~:§ EXPIRES: January 7, 2018 '•·iiir,~<t>·· Bonded Thru Notal)' Public Underwriters

(print, type, or stamp commissioned Notary Public)

Personally known__i_ or Produced Identification _,../'---- (check one) Type of Identification Produced: _________ _

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OFFICE OF THE ATTORNEY GENERAL

Dated: (;/.:So/ c...)o I Y

~L~ FULVIb JOSEPH q£NNO Assistant Attome/ 6eneral OFFICE OF THE ATTORNEY GENERAL Department ofLegal Affairs 11 0 S.E. 6th Street Ft. Lauderdale, FL 33301 (954) 712-4600 (954) 527-3708 facsimile

Dated: '1 l I J I ~

~ Consumer Protection Division South Florida Bureau Chief OFFICE OF THE ATTORNEY GENERAL Department of Legal Affairs 1515 N. Flagler Drive, 9th Floor West Palm Beach, FL 33401 (561) 837-5000 (561) 837-5109 facsimile

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,.

AFFORDABLE LOCKSMITH SERVICES INC. 5944 CORAL RIDGE DRIVE #158

CORAL SPRINGS, FL 33076

SUB-CONTRACTOR AGREEMENT AND ACKNOWLEDGMENT

I, the undersigned with regard to any locksmith work or jobs I may do for Affordable Locksmith Services Inc., as an independent sub-contractor, hereby acknowledge and agree that:

1) I will not make any knowingly false or knowingly misleading statements regarding the response time for a call or cost of locksmith services or guarantee such response time;

2) I will explain to the customer what I will be doing before doing t he actual work;

3) I wi ll go over the pricing with the customer, so that the customer is aware of the price of the services to be provided before doing the actual work;

4) I will have the customer sign the Affordable Locksmith Services Inc. invoice upon completion of the job, which clearly states the terms and conditions of Affordable Locksmith Services, Inc.'s warranty and refund policy.

5} I wi ll immediate ly inform the customer of a change in quoted price when and if 1

become aware of any change in the scope of locksmith services to be provided to a customer .

I acknowledge that failure to abide to the terms of this Agreement, may lead to termination of doing sub-contractor work for Affordable Locksmith Services Inc. and the liability of Sub­contractor.

Sub-Contractor

Sign: ______________ _

Print Name:----- --------

EXHIBJT

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