STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL,

DEPARTMENT OF LEGAL AFFAIRS

IN THE INVESTIGATION OF GOLDEN TRIANGLE PROPERTIES, INC. d/b/a ACE HARDWARE SUPERSTORE and ACEHARDWARESUPERSTORE.COM, and COREY GOLDEN, INDIVIDUALLY,

Respondents

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AG CASE NO. Ll3-3-1126

ASSURANCE OF VOLUNTARY COMPLIANCE

1. 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 "Department"), caused an investigation to be made

into certain acts and practices of Golden Triangle Properties, Inc. ("Golden Triangle"), a Florida

for-profit corporation utilizing the fictitious names Ace Hardware Superstore and Ace

HardwareSuperstore.com as well as Golden Triangle's owner and president, Corey Golden

(collectively hereinafter, "Respondents").

2. Golden Triangle's principal place of business is registered as 4343 North

Andrews Avenue, Fort Lauderdale, Florida 33309. Corey Golden ("Golden") is an individual

residing at 1015 East Sunrise Blvd., #502, Sunrise, Florida and is the owner and president of

Golden Triangle and all associated fictitious names.

3. Golden Triangle and Golden, through Ace Hardware Superstore,

AceHardwareSuperstore.com, Hanna Paint & Hardware, HardwareOnlineStore.com. and Hanna

Ace Hardware provided goods to individuals and businesses in Florida and elsewhere.

4. Respondents are prepared to enter into this Assurance of Voluntary Compliance

("AVC") without an admission that Respondents violated Florida's Deceptive and Unfair Trade

Practices Act or any other law and solely for the purpose of resolution of this matter with the

Department.

5. Pursuant to Section 501.207(6), Florida Statutes, the Department agrees to accept

this A VC in termination of its investigation as to Respondents solely as to the acts and practices

that were the subject of the investigation.

I. STIPULATED DEFINITIONS & FACTS

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

a. "Clear and Conspicuous" (including "Clearly and Conspicuously") means

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

way that a consumer will notice and understand it. The following, without limitation,

shall be considered in determining whether a statement, claim, term, or representation is

clear and conspicuous:

1. 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 and understandable, and likely to be read by the person to whom it is directed; and if written or conveyed electronically, that it is not buried on the back or bottom, in a hyperlink, or in unrelated information or placed on the page where a person would not think it important to read;

ii. 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;

111. 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;

iv. Whether it contradicts, or renders ambiguous or confusing, any other information with which it is presented; ~

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v. Whether, if it is oral, it is at an understandable pace in the same tone and volume as the sales offer;

v1. Whether, it appears for a duration sufficient to allow listeners or viewers to have a reasonable opportunity to notice, read, or otherwise understand;

vii. Whether the language and terms used are commonly understood by the consumer in the context in which they are used;

viii. Whether it is presented in such a way as to be free of distractions, including but not limited to sound, graphics, text or other offers that compete for the attention of the consumer;

ix. 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 not in a hyperlin.k;

x. 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.

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

a. During the time frame beginning at least 2006 through the present, Golden

Triangle has engaged in the business of selling and providing goods to consumers in

Florida and elsewhere utilizing the fictitious names Ace Hardware Superstore and

AceHardwareSuperstore.com among others.

b. The Department investigated allegations that some of Respondents' sales

practices violated Florida's Deceptive and Unfair Trade Practices Act, especially

charging consumers' credit cards for items not shipped and/or not delivered in a timely

manner, billing consumers additional amounts for shipping after orders were received and

confirmed, and failing to provide timely refunds upon cancellation of orders.

3. Respondents became aware of the Department's fmmal investigation m

November 2013. Since Respondents became aware of the Department's formal investigation,

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Respondents have cooperated fully and provided responsive documents and information pursuant

to the terms ofthe subpoena and supplemental requests to the satisfaction of the Department.

4. This AVC is based upon the stipulated facts set forth herein. The Department

shall not be estopped from taking further action in this matter in the event that the facts described

herein are determined to be incorrect in any material way or in the event that this AVC is not

complied with in full by Respondents. The parties agree that this AVC has been entered into

based on the truthfulness of the information provided by Respondents.

II. COMPLIANCE

5. Respondents, including their representatives, agents, employees, successors,

assigns, independent contractors or any other person who acts under, by, through, or on behalf of

Respondents, directly or indirectly, or through any corporate or other device:

a. Shall not violate the Florida Deceptive and Unfair Trade Practices Act,

Chapter 50 I, Part II, Florida Statutes;

b. Shall fully refund a consumer for the purchase price of any order returned

by the consumer within thirty (30) days of the purchase transaction;

c. Shall clearly and conspicuously disclose to consumers whether the

consumer will incur any additional expense, such as postage, shipping or restocking, if

the consumer returns the product;

d. Shall issue refunds for returned goods and cancelled orders no later than

seven (7) business days following consumer's request for cancellation or Respondents'

receipt of returned goods;

e. Shall clearly and conspicuously identify the procedure and customer

support contact information for consumers to request and receive a refund;

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f. Shall ensure that all consumer orders placed through any website utilized

for the sale of goods by Respondents are either shipped directly by Respondents or

caused to be shipped by Respondents to consumers no later than seven (7) business days

of the purchase transaction;

g. Shall ensure that any representations made regarding delivery and product

availability are accurate and clearly and conspicuously disclosed;

h. Shall notify a consumer immediately if a purchased product is

backordered, including providing specific information regarding any delay in shipment to

consumer. In the event of a backorder, Respondents shall also allow consumers to cancel

their order at any time prior to shipping and receive a full refund;

1. In the event that a consumer orders a product which is not in inventory at a

physical location owned and operated by Respondents (including the 4343 North

Andrews Avenue, Fort Lauderdale, Florida 33309 location), Respondents shall not

charge consumers' credit/debit cards until Respondents have shipped the product to the

consumer or ordered the product and received confirmation of shipment from their

supplier;

J. Shall not bill consumers for additional shipping charges after a consumer

has completed a purchase; and

k. Shall respond to consumer complaints within three (3) business days.

III. BUSINESS RECORDS

6. Respondents shall preserve and retain all relevant business and financial records

relating to the acts and practices at issue in this A VC and other information reasonably sufficient

to establish compliance with the provisions of this A VC for two (2) years from the date of this g 5

A VC, and shall provide reasonable access to such documents and information to the Department

upon request.

IV. CONSUMER RECORDS

7. Any personal or financial information of consumers in the custody, control or

possession of Respondents shall be securely stored 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 name, contact information, or financial information

of any consumer in the care, custody or control of Respondents.

V. NOTICE

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

managers, members, officers, directors, employees, agents, independent contractors or anyone

else acting for or on behalf of Respondents. The obligations imposed by this A VC are

continuing in nature and shall apply to Respondents' successors and assigns including the

fictitious entity HardwareOnlineStore.com owned by Golden Triangle, as well as any and all

new officers, employees, agents, representatives or any other persons who become engaged in

the business or activities of Respondents.

9. 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 obligations and terms and conditions set forth in this A VC.

VI. COSTS AND ATTORNEYS' FEES

10. Respondents shall contribute a total of $888.26 to the Department towards the

costs of investigation incurred in this matter, pursuant to Section 501.2105, Florida Statutes.

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Payment shall be delivered simultaneously with Respondents' partially executed copy of this

AVC, sent via wire transfer or delivered via certified check, and made payable to the

Department of Legal Affairs Revolving Trust Fund. Payment should be delivered Attn:

Kristen Pesicek, Assistant Attorney General, 110 SE 6th Street, 1Oth Floor, Fort Lauderdale,

Florida 33301.

11. It is the Department's position that, pursuant to Sections 501.2105, Florida

Statutes, Respondents would be liable for an award of attorney's fees if the Department were to

initiate civil litigation resulting from Respondents' actions. However, the Department is waiving

attorney's fees subject to Respondents' full, complete and timely compliance with the terms of

this AVC.

VII. RESTITUTION

12. Respondents represent that since they became aware of the Department's

investigation, in or about November 2013, they resolved claims and/or refunded $2,324.50 in

total to consumers who purchased products from their website(s).

13. Respondents agree to make restitution in the amount of$435.85 to the consumers

who previously have submitted sworn affidavits to the Department documenting unrefunded

losses. Payment shall be delivered to the Office of the Attorney General simultaneously with the

payment specified in Paragraph 10 above upon execution of the A VC and shall be payable to the

Department of Legal Affairs Escrow Fund.

14. Respondents also agree to issue refunds to consumers ("Additional Aggrieved

Consumers") who file a complaint or affidavit with the Office of the Attorney General against

Respondents within ninety (90) days of the effective date of this AVC (the "90 Day Period").

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15. Upon the conclusion of the 90 Day Period, the Department shall provide

Respondents with a list of Additional Aggrieved Consumers and the amounts due to each

Additional Aggrieved Consumer. Respondents shall provide refunds to each Additional

Aggrieved Consumer within thirty (30) days of Respondents' receipt of said list. To the extent

Respondents object to the amount due to any Additional Aggrieved Consumer as listed, such

Additional Aggrieved Consumer shall be refunded as set forth on the list absent sufficient

documentation provided to the Department by Respondents to establish to the Department's

reasonable satisfaction that Respondents previously made full payment of all appropriate

amounts due to the Additional Aggrieved Consumer or that the Additional Aggrieved Consumer

otherwise is not entitled to a refund.

16. Within seven (7) business days of payment of the refunds required in Paragraphs

13 and 14, Respondents shall provide the Department with a sworn affidavit certifying

Respondents' compliance with the obligations set forth in Paragraphs 14 and 15 and

documentation substantiating said payments.

IX. CIVIL PENAL TIES

17. It is the Department's position that pursuant to Sections 501.2075 and 501.2077,

Fla. Stat., Respondents are liable for civil penalties in the amount of $1,460,000 as of the date of

this AVC as a result of Respondents' violations of Chapter 501, Part II, Florida Statutes.

18. Subject to Respondents' full, complete and timely compliance with the terms of

this A VC, the Department is waiving, pursuant to this settlement and in consideration of the

Respondents' performance hereunder, the civil penalties that would otherwise be due for the acts

and/or practices at issue under Sections 501.2075 or 501 .2077, Florida Statutes, of up to $15,000

per violation.

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19. In the event Respondents fail to satisfy the monetary and injunctive provisions of

this A VC, the Department intends to seek civil penalties from Respondents for all past and future

violations of Florida's Deceptive and Unfair Trade Practices Act and for violations of the terms

of this AVC.

X. FUTURE VIOLATIONS

20. It is hereby agreed by the parties that any failure to comply with the terms and

conditions of this A VC by Respondents is by statute prima facie evidence of a violation of

Chapter 501, Part II, Florida Statutes, and will subject Respondents to any and ail civil penalties

and sanctions authorized by law, including attorneys' fees and costs. In the event that a court of

competent jurisdiction makes a determination that a violation of any condition of this A VC has

occurred, then Respondents shall be liable for a consent judgment of $1,460,000 as well as

attorney's fees and cost and any other legal or equitable relief as the court may deem appropriate.

XI. EFFECTIVE DATE

21. The effective date of this A VC shall be the date of its execution and delivery by

the Department. Acceptance by the Department shall be established by the signature of the

South Florida Bureau Chief of the Consumer Protection Division, Katherine Kiziah. The receipt

by the Department of any monies pursuant to the A VC does not constitute acceptance by the

Department, and any monies received shall be returned to Respondents if this AVC is not

accepted and fully executed by the Department.

XII. MISCELLANEOUS

22. It is further agreed that facsimile copies of signatures and notary seals may be

accepted as original for the purposes of establishing the existence of this agreement, and this

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A VC may be executed in counterparts the compilation of which shall constitute the full and final

agreement.

23. Notice to any of the parties to this AVC as may be required shall be made by

certified mail at the addresses set forth below unless any party notifies the other parties in writing

of another address to which notices should be provided.

To Respondents:

Corey Golden 4343 North Andrews Drive Fort Lauderdale, FL 33309

with copy to: Susan Lasky, Esq. Susan D. Lasky P.A. 915 Middle River Dr. Suite 420 Fort Lauderdale, FL 33304 sue@suelasky .corn

To the Department:

Kristen Pesicek Assistant Attorney General Office of the Attorney General 110 Southeast 61

h Street 1oth Floor Fort Lauderdale, FL 33301

24. Nothing in this AVC is to 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.

25. It is a condition of each of the Department's obligations under this A VC that the

Respondents have fully and timely performed all of Respondents' obligations previously due

under this AVC.

26. This AVC is the final, complete, and exclusive statement of the parties'

agreement on the matters contained in this A VC, and it supersedes all previous negotiat~d

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agreements. Other than any representation expressly stated in this AVC, the parties have not

made any representations or warranties to each other, and no party's decision to enter into this

AVC is based upon any statements by the any other party outside of those in this AVC.

27. It is further 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.

28. Notwithstanding any other provision of this AVC, nothing herein shall be

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

Office of the Attorney General for the State of Florida.

29. By my signature, I hereby affirm that I have authority to execute this AVC on

behalf of the party indicated and, to the extent I am acting in a representative capacity, I am

acting within the scope of my authority as corporate representative, and that by my signature I

am binding the party/parties indicated to the terms and conditions ofthis AVC.

SIGNATURE PAGES FOLLOW ON SEPARATE PAGES

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For Respondents:

Signed:

Its:

By:

STATE OF FLORIDA ) ss COUNTY OF BROW ARD ) ss

Qll..E ME, an o~wer ~(!raut)Jcrized to take acknowledgments in the State of Florida, "-A'~~~~CUL(l'-'-' appeared (L :tfr of Golden Triangle Properties, Inc., who produced

'"\:{) ~,."\lll-..ooa,.~~:<\ls identifica ion. S/he acknowledged before ~ that he executed the foregoing ~ instr ent for the purposes therein stated on the~ day of ~3'Jtn'!Ptr, 2014.

Subscribed to before me this~ day of M~tfflW , 2014.

NO~

(print, type, or stamp commissioned Notary Public)

Personally known /or Produced Identification (check one) Type of Identification Produced:. _________ _

WITNESSED:

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COREY GOLDEN, Individually

Signed: (j

STATE OF FLORIDA ) ss COUNTY OF BROW ARD ) ss

N011M!m ·~ (print, type, or stamp commissioned Notary Public)

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

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•'\'Iii "'' JESSICA RUSSEll (! J\~\ MY COMMISSION I FF 076579 \i·J2t·~ E)(f>IRES: November 27, ~17 . '•-'4f~~"!> ~ThnaNotaryPublic~

OFFICE OF THE ATTORNEY GENERAL

KRITENESiciK Assistant Attorney General Consumer Protection Division 110 S.E. 6th Street, 9th Floor Fort Lauderdale, FL 33301 (954) 712-4600 (954) 527-3708 facsimile Kristen. Pesicek@myfloridalegal.corn

Dated: I~/ <X 0) J 1 t.--)

~~~' South Florida Bureau Chief Consumer Protection Division 1515 N. Flagler Drive West Palm Beach, FL (561) 837-5025 (561) 837-5109 facsimile katherine.kiziah@rnyfloridalegal.corn

Dated: \J / ~C/1/J4 ~+. --=:..:....~·-'---

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