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$448,000 in Fines and Restitution Ordered Against California Company That Violated Georgia's Debt Adjustment Laws

PRESS ADVISORY

$448,000 in Fines and Restitution Ordered Against California Company That Violated Georgia's Debt Adjustment Laws

February 3, 2011

EnDebt, LLC, doing business as DebtOne Financial Solutions, LLC, and EnDebt’s owner, Eric Delariva, were ordered by a Fulton County Superior Court Judge to pay fines and restitution for a series of violations of Georgia’s Fair Business Practices Act as well as Georgia’s Debt Adjustment Act.  The action filed by the Georgia Attorney General’s Office against EnDebt and Delariva was brought on behalf of the Georgia Office of Consumer Affairs after they had received a number of complaints about EnDebt’s operations.  Judgment was entered by the court on February 2, 2011 against EnDebt and Delariva after the defendants failed to file any answers or responsive pleadings in the case, despite being served with a copy of the state’s complaint on October 28, 2010.

Fulton County Superior Court Judge Christopher Brasher ordered EnDebt and Delariva to pay a $2,000.00 fine for each of 115 different violations of the Debt Adjustment Act, plus EnDebt and Delariva were ordered to pay restitution of $168,193.82 to the 115 Georgia consumers affected by the violations.  Georgia law limits the fees that debt adjusters can charge to 7.5% of the amount distributed to creditors on behalf of the debtor; EnDebt charged fees in excess of that statutory cap.  On top of the restitution and $230,000.00 fine, EnDebt and Delariva were hit with an additional $50,000.00 penalty by the court for their failure to provide the Office of Consumer Affairs with the annual audits and proof of insurance coverage as required by Georgia law.

Investigation of the case against EnDebt and Delariva was handled by the Office of Consumer Affairs, and Senior Assistant Attorney General Sidney R. Barrett, Jr. prosecuted the case on behalf of the State of Georgia.