STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS … · operated their automobile loan modification business without a business telemarketing license and ... INC., as part of their marketing

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STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL

DEPARTMENT OF LEGAL AFFAIRS

IN THE INVESTIGATION OF:

JACQUELYN KENNEDY, THOMAS CORTLAND KENNEDY, ACTIVATE POWER MARKETING, INC., SA VETHEAMERICANDREAM.COM, SAVE THE AMERICAN DREAM CORP., JK SOBER, INC. and PREMIER SOLUTIONS NETWORK, INC.

Respondents.

AGENCY FILE NO. Ll0-3-1151

ASSURANCE OF VOLUNTARY COMPLIANCE FOR JACQUELYN KENNEDY, THOMAS CORTLAND

KENNEDY, ACTIVATE POWER MARKETING, INC., SA VETHEAMERICANDREAM.COM, JK SOBER, INC.,

PREMIER SOLUTIONS NETWORK, INC. AND SAVE THE AMERICAN DREAM CORP

Pursuant to the provisions of Chapter 501, Part II, Florida Statutes, the Office of the

Attorney General, Department of Legal Affairs, State of Florida ("Attorney General") has

investigated the Respondents, JACQUELYN KENNEDY, THOMAS CORTLAND KENNEDY,

ACTIVATE POWER MARKETING, INC., SAVETHEAMERICANDREAM.COM, JK

SOBER, INC., PREMIER SOLUTIONS NETWORK, INC. and SAVE THE AMERICAN

DREAM CORP. ("Respondents"), in connection with alleged unfair and deceptive trade practices.

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The Respondents, JACQUELYN KENl\lEDY,THOMAS CORTLAND KENNEDY,

ACTIVATE POWER MARKETING, INC., SA VETHEAMERICANDREAM.COM, SAVE

THE AMERICAN DREAM CORP., JK SOBER, INC. AND PREMIER SOLUTIONS

NETWORK, INC., agree to enter into this Assurance ofVoluntary Compliance ("AVC"), without

an admission that they have violated the law, in order to resolve the Attorney General's

investigation of the Respondents, pursuant to Agency File No. L1 0-3-1151.

The Attorney General, by the signature of her South Florida Bureau Chief, affixed hereto,

does hereby accept the instant AVC and in turn terminates the Attorney General's investigation as

it concerns the Respondents by virtue of the authority vested in the Office of the Attorney General,

pursuant to Section 501.207(6) of the Florida Statutes.

I. ATTORNEY GENERAL'S ALLEGATIONS (WITHOUT ADMISSION OF WRONGDOING OR WRONGFUL INTENT)

The Respondents, JACQUELYN KENNEDY and THOMAS CORTLAND KENNEDY,

through SA VETHEAMERICANDREAM.COM, SAVE THE AMERICAN DREAM CORP, JK

SOBER, INC. AND PREMIER SOLUTIONS NETWORK, INC. operated an internet-based

business which offered assistance to vehicle owners who wanted to obtain automobile loan

modifications. The Respondents, JACQUELYN KENNEDY and THOMAS CORTLAND

KENNEDY, advertised their automobile loan modification services via a website named

"SA VETHEAMERICANDREAM.COM". ACTIVATE POWER MARKETING, INC., a

company owned solely by JACQUELYN KENNEDY was listed as the registrant of the website

domain name "SA VETHEAMERICANDREAM.COM".


additionally employed telemarketers in their call center to solicit consumers to use the automobile

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loan modification services offered through SA VETHEAMERICANDREAM.COM and SAVE

THE AMERICAN DREAM CORP.


operated their automobile loan modification business without a business telemarketing license and

further employed individuals as telemarketers who were not licensed State of Florida

telemarketers.


presently, and/or at all times material to this Office's investigation, participated in, controlled

and/or possessed the authority to control the acts and practices of ACTIVATE POWER

MARKETING, INC., SAVETHEAMERICANDREAM.COM, SAVE THE AMERICAN

DREAM CORP, JK SOBER, INC. AND PREMIER SOLUTIONS NETWORK, INC., and

possessed actual and/or constructive knowledge of all material acts and practices complained of

herein.

The Office of the Attorney General investigated whether the Respondents, JACQUELYN

KENNEDY,THOMAS CORTLAND KENNEDY, ACTIVATE POWER MARKETING, INC.,

SAVETHEAMERICANDREAM.COM, SAVE THE AMERICAN DREAM CORP., JK SOBER,

INC. and PREMIER SOLUTIONS NETWORK, INC., as part of their marketing strategy engaged

in a systematic pattern of conduct designed and intended to induce consumers to pay the

Respondents upfront fees for their automobile loan modification services via a series of false and

fraudulent misrepresentations.

The Respondents agree to enter into this Assurance of Voluntary Compliance, without an

admission of that they have violated the law, in order to resolve the Attorney General's

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investigation of the Respondents, pursuant to Agency Case No. L 10-3-1151.

II. TERMS

The Respondents, JACQUELYN KENNEDY, THOMAS CORTLAND KENNEDY,


THE AMERICAN DREAM CORP, JK SOBER, INC. and PREMIER SOLUTIONS NETWORK,

INC. agree to refrain from further violating the provisions of Chapter 501, Part II, of the Florida

Statutes, the Florida Deceptive and Unfair Trade Practices Act, including but not limited to the

specific agreement to:

A. Voluntarily and permanently terminate the website domain named

"SA VETHEAMERICANDREAM.COM";

B. Voluntarily and permanently dissolve the corporation named '·ACTIVATE POWER

MARKETING, INC.;

C. Voluntarily and permanently dissolve the corporation named "SAVE THE AMERICAN

DREAM CORP";

D. Voluntarily and permanently dissolve the corporation named ''JK SOBER, INC.";

E. Voluntarily and permanently dissolve the corporation named "PREMIER SOLUTIONS

NETWORK, INC.";

F. Voluntarily and permanently cease from participating in any manner in any business which

involves contracting to provide automobile loan modification services, with the clear

understanding that this prohibition includes, but is not limited to, the soliciting and/or

acceptance of funds from consumers, the making of telephone sales calls and/or the

acceptance of contracts from consumers involving automobile loan modification services;

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and

G. Voluntarily and permanently agree not to create, associate with any other legal entity

and/or to restructure any corporate entity for the purpose of avoiding any provision of this

Assurance of Voluntary Compliance.

III. MONETARY TERMS

The Respondents, JACQUELYN KENNEDY,THOMAS CORTLAND KENNEDY,

ACTIVATE POWER MARKETING, INC., SAVETHEAMERICA.NDREAM.COM,SAVE THE

AMERICAN DREAM CORP, JK SOBER, INC. and PREMIER SOLUTIONS NETWORK, INC.

shall contribute a total of $20,000.00 (Twenty Thousand Dollars and Zero Cents) in current and

future attorneys' fees, investigative fees and/or costs made payable by cashier's check or other

certified funds to the "Legal Affairs Revolving Trust Fund" and deliverable at the time upon

which the Respondents affix their signatures to this document and return it to the Office of the

Attorney General.

The Respondents, JACQUELYN KENNEDY, THOMAS CORTLAND KENNEDY,

ACTIVATE POWER MARKETING, INC., SAVETHEAMERICANDREAM.COM,SAVE THE

AMERICAN DREAM CORP, JK SOBER, INC._and PREMIER SOLUTIONS NETWORK, INC.

shall pay the above-referenced Twenty Thousand Dollars and Zero Cents ($20,000.00) by either

cashier's or certified check made payable to the "DEPARTMENT OF LEGAL AFFAIRS

REVOLVING TRUST FUND" and shall deliver and/or mail the payment to the Attention of

Assistant Attorney General Katherine A. Kiziah, Office of the Attorney General, 1515 North

Flagler Drive, Suite 900, West Palm Beach, Florida 33401, along with the notarized and partially

executed AVC signed by the Respondents.

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The Respondents, JACQUELYN KENNEDY, THOMAS CORTLAND KENJ\lEDY,



INC. shall further resolve the complaints of each person listed on the spreadsheet attached hereto

as "Exhibit A", who are individuals who have presented complaints against the Respondents to

various governmental entities, including, but not limited to, the Office of the Attorney General for

the State of Florida, in the amount of approximately $15,577.00 (Fifteen Thousand Five Hundred

Seventy-Seven Dollars and Zero Cents). Each of the referred-to consumer complaints shall be

resolved in full within ninety (90) days of the date upon which this document is fully executed by

all required Parties.

"Resolved" shall mean full payment of a consumer's complaint; partial payment of a

consumer's complaint, accompanied by a formal Release and/or other document signed by a

consumer stating that a partial payment has been accepted in full accord and satisfaction of the

consumer's complaint and that no further relief will be sought from the relevant

Respondent-Company with respect to the consumer's complaint; charge-backs to a consumer's

credit card and/or any other alternative means of complaint resolution approved by the Office of

the Attorney General which was made to a consumer in satisfaction of his/her complaint against

any named Respondent-Company herein.

At the end of the above-referenced ninety-day period, the Respondents agree to present to

the Office of the Attorney General a notarized statement attesting to the fact that the complaints in

the spreadsheet which was attached to the AVC were resolved and to attach to the notarized

statement a revised copy of the same spreadsheet which has a new entry and/or column next to

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the name of each consumer listed in the spreadsheet which confirms that the respective consumer's

complaint has been resolved and which additionally provides a clear, explanation as to the manner

in which the particular complaint was resolved.

The Parties agree that the Respondents shall not be responsible for the payment and/or

resolution of any consumer complaints, including, but not limited to those listed on the attached

spreadsheet which have already been resolved as defined herein and/or who were not customers of


THE AMERICAN DREAM CORP., JK SOBER, INC. and PREMIER SOLUTIONS

NETWORK, INC.

The Parties further agree that the Respondents shall not be responsible for any payments

and/or refunds in excess of the amount actually paid by a complaining consumer.

To the extent that the Respondents have insufficient information upon which to resolve a

complaint, counsel for the Respondents shall promptly, and within the above-stated period(s),

notify Assistant Attorney General Katherine A. Kiziah so that she may determine if additional

information is available to assist the RESPONDENTS in resolving a specific consumer complaint.

The Respondents represents that since they became aware of this Office's investigation, on

or about February 14, 2011, and in accordance with their standard refund policies, they resolved

claims and/or refunded $0 in total to consumers who used their automobile loan modification

services. The Respondents' interest in funds paid in conjunction with this AVC shall fully and

completely divest when the AVC is fully executed by all required Parties. Notwithstanding any

other provision of this AVC, no portion of the funds shall be returned to the Respondents provided

that the AVC has been fully executed.

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IV. PENALTIES

Provided that the Respondents, JACQUELYN KENNEDY, THOMAS CORTLAND

KENNEDY, ACTIVATE PO\VER MARKETING. INC.,

SAVETHEAMERICANDREAM.COM,SAVE THE AMERICAN DREAM CORP, JK SOBER,

INC. and PREMIER SOLUTIONS NETWORK, INC. comply with the terms of this A VC, no civil

penalties shall either be sought against them or imposed hereunder for any conduct relating to the

present allegations arising prior to the date of the execution of this A VC. However, in the event

that the Respondents knowingly fail to comply with the terms and conditions of this A VC, and

such failure is not cured within fourteen (14) business days of first receiving notice from the Office

of the Attorney General, then its actions by statute are prima facie evidence of a violation of

Chapter 501, Part II, Florida Statutes, and the Respondents, JACQUELYN KENNEDY, THOMAS

CORTLAND KENNEDY, ACTIVATE POWER MARKETING, INC.,

SAVETHEAMERICAKDREAM.COM, SAVE THE AMERICAN DREAM CORP, JK

SOBER, INC. and PREMIER SOLUTIONS NETWORK, INC. will be subject to any and all civil

penalties and sanctions authorized by law, including, but not limited to, up to $500,000.00 (FIVE

HUNDRED THOUSAND DOLLARS) in penalties, attorney's fees, costs and any other available

relief authorized by law.

In the event that The Respondents, JACQUELYN KENl\TEDY,THOMAS CORTLAND

KEN'NEDY, ACTIVATE POWER MARKETING, INC.,

SA VETHEAMERICANDREAM.COM, SAVE THE AMERICAN DREAM CORP, JK SOBER,

INC. and PREMIER SOLUTIONS NETWORK, INC., fail to make any payment(s) required

under the terms of this A V C, then the non-payment shall constitute a material monetary breach and

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default of the terms of this AVC. The Respondent shall have a grace-period of fourteen (14) days

from the date that the payment is due within which to cure the default by delivery of all balances

due under this A VC. The Parties agree that the Office of the Attorney General may provide

notice of the default to: Mr. Thomas Cortland Kennedy, 7701 N. W. 86 Way, Tamarac, Florida

33321.

In the event that the monetary default is not cured within the grace period, it shall be

deemed final and the remaining full amount due under this Agreement shall immediately become

an accelerated debt which is immediately due and payable in full without further notice. The

Office of the Attorney General shall then allocate and break down the accelerated debt into one or

more constituent components, which may include civil restitution, attorney's fees, investigative

expenses and/or other lawful components. In the event that the fairness or accuracy of the

allocation and breakdown ever becomes an issue, the affidavit of an employee of the Office of the

Attorney General attesting to the allocation and breakdown, and to the fairness and accuracy ofthe

allocation, shall be deemed conclusive. A material consideration for the offer and acceptance of

this AVC is that the Attorney General's allocation not be challenged in any proceeding.

The Respondent, THOMAS CORTLAND KENNEDY, further agrees that in the event the

monetary default is not cured within the grace-period, the Office of the Attorney General shall be

entitled to the entry of a Final Judgment against it for the accelerated debt. The Respondent

further agrees that statutory interest in effect at the time of the default, pursuant to Section 55.03 of

the Florida Statutes, shall begin to immediately accrue on any unpaid balance due after the

expiration of the grace-period.

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The Respondents, JACQUEL r'N KENNEDY, THOMAS CORTLAND KENNEDY,

ACTIVATE POWER MARKETING, INC., SA VETliEAMERICANDREAM.COM, SAVE


INC. moreover consent to venue and jurisdiction for the entry of a Final Judgment, or any other

proceeding as may be necessary to enforce the terms of this A VC within the Fifteenth Judicial

Circuit Court, in and for Palm Beach County, Florida.

V. MISCELLANEOUS TERMS

The Respondents, JACQUELYN KENNEDY,THOMAS CORTLAND KENNEDY,

ACTIVATE POWER MARKETING, INC., SAVETHEAMERICANDREAM.COM, SAVE

THE AMERICAN DREAM CORP, JK SOBER, n\JC. and PREMIER SOLUTIONS

NETWORK, INC. their representatives, agents, employees, successors, assigns, managers,

officers, directors and/or any other person acting under, by, through or on their behalf, directly or

indirectly, or through any corporate or other device, shall comply with the Florida Deceptive and

Unfair Trade Practices Act, Chapter 501, Part II. Florida Statutes.

The Respondents shall further make the terms and conditions of this AVC known to their

representatives, agents, employees, managers, officers, directors, assigns, successors and/or any

other persons acting under, by, through or on its behalf.

Nothing herein shall be construed as a waiver of any private right, cause of action or

remedy of any private person against the Respondents or their officers, directors or employees.

Similarly, nothing contained herein shall waive the right of the Respondents to assert any lawful

defenses in response to a claim by consumer.

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Upon entry of this A VC, the Office of the Attorney General for the State of Florida agrees

to close its civil investigation into the activities ofthe Respondents, as described herein.

Notwithstanding any other provision of this A VC, the Parties acknowledge that any future

violations of either this AVC or Florida law by the Respondents may subject them to additional

and unrelated civil penalties and sanctions, as provided by law.

In addition to any other remedy provided by law, the Respondents shall pay reasonable

attorney's fees and/or investigative costs which arise from any future violation of this AVC by the

Respondents.

Although the Parties jointly participated in the negotiation of the terms articulated in this

A VC, no provision herein shall be construed for or against either Party on the grounds that any one

Party was more heavily involved in the preparation ofthe A VC and/or its terms. The

agree that all notices required hereunder shall be sufficient if given as provided below:

AS TO THE ATTORNEY GENERAL:

Katherine A. Kiziah Assistant Attorney General Office of the Attorney General 1515 North Flagler Drive, Suite 900 West Palm Beach, Florida, 33401

AS TO THE RESPONDENTS:

Mr. Thomas Cortland Kennedy 7701 N. W. 86 Way Tamarac, Florida 33321

VI. EFFECTIVE DATE

Parties

This AVC shall become effective upon execution by all Parties hereto, as well as,

Samantha Schosberg Feuer, South Florida Bureau Chief for the Office of the Attorney General for

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the State of Florida, who may refuse to accept it at her discretion.

IN WITNESS WHEREOF, The Respondents, JACQUELYN KENNEDY, THOMAS

CORTLAND KENNEDY, ACTIVATE POWER MARKETING, INC.,

SAVETHEAMERICANDREAM.COM, SAVE THE AMERICAN DREAM CORP, JK SOBER,

INC. and PREMIER SOLUTIONS NETWORK, INC. have caused this Assurance ofVoluntary

Compliance to be executed by an authorized representative, as a true act and deed, in the county

and state listed below, as of the date affixed thereon.

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ACTIVATE POWER MARKETING, INC.

Agreed to and signed this li_ day of Ap(l..: \ I

who stated and affirmed as follows:

, 2012, by the below-stated person

BY MY SIGNATURE I hereby affirm that I am acting in my capacity and within my

authority as the President and Owner of ACTIVATE POWER MARKETING, INC. and that by my

signature I am binding ACTIVATE POWER MARKETING, INC. to the terms and conditions of

this AVC.

By:~~ J C'QUELYN KENNEDJ>RESIDENT ACTIVATE POWER MARKETING, INC.

STATE OF FLORIDA ) COUNTY OF PALM BEACH )

BEFORE ME, this \ q , 2012, an officer duly

authorized to take acknowledgments in the State of Florida, personally appeared JACQUELYN

KENNEDY who acknowledged before me that she executed the foregoing instrument for the

purposes therein stated.

Personally known or Produced Identification /(check one) Type ofldentification Produced: fl.. ~V. ~C..

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SA VETHEAMERICANDREAM.COM

Agreed to and signed this~ day of ApR.,} , 2012, by the below-stated person



authority as the President and Owner of SA VETHEAMERICANDREAM.COM and that by my

signature I am binding SAVETHEAMERICANDREAM.COM to the terms and conditions ofthis

AVC.

By: JAWKENN~~ SA VETHEAMERICANDREAM.COM


BEFORE ME, this , 20 12, an officer duly




NofARYPUBLIC

(print, t name of

Personally kno\VTI or Produced Identification (check one) Type of Identification Produced: fL DRIV LJC...

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SAVE THE AMERICAN DREAM CORP

Agreed to and signed this __d_ day of_ Arfl.~ I , 2012, by the below-stated person



authority as the President and Owner of SAVE THE AMERICAN DREAM, CORP and that by my

signature I am binding SAVE THE AMERICAN DREAM, CORP to the terms and conditions of

this AVC.

By: w ~~ JA UELENNEDY,PRSIDENT SAVE THE AMERICAN DREAM, CORP


BEFORE ME, this \ l1 day of_..~._A-Ip,..-((_j_) __ , 2012, an officer duly


KENl\TEDY who acknowledged before me that she executed the foregoing instrument for the


NOT~~ ioned

Personallv known or Produced Identification /(check one) Type ofldentification Produced: t:'L DK\V '-' (.

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JK SOBER, INC.

Agreed to and signed this J!i day of Apt(,\ , 20 12, by the below-stated person



authority as the President and 0Vvner of JK SOBER, INC. and that by my signature I am binding JK

SOBER, INC. to the terms and conditions of this AVC.

By cW~ JA lJEYNKENNEDY,PSIDENT JK SOBER, INC.


BEFORE ME, this \ ~ day of AeP..~ \ , 2012, an officer duly




Personally known __ or Produced Identification ./ (check one) Type of Identification Produced: ft... "PR\V. L.\ '- .

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PREMIER SOLUTIONS NETWORK, INC.

Agreed to and signed this Ji day of Ap~'; \ , 2012, by the below-stated person



authority as the President and Owner of PREMIER SOLUTIONS NETWORK, INC. and that by my

signature I am binding PREMIER SOLUTIONS NETWORK, INC. to the terms and conditions of

this AVC.

By: JA~l~ENT PREMIER SOLUTIONS NETWORK, INC.


BEFORE ME, this v~ day of ApP..: \ , 2012, an officer duly




~)~~ NO ARY PUBLIC

Personally known __ or Produced Identification (check one) Type of Identification Produced: fL DR\\/ l,..) C.

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JACQUELYN KENNEDY

Agreed to and signed this JC\ day of ArA• \ , 2012, by the below-stated person


BY MY SIGNATURE I hereby affirm that my signature below binds me both personally

and individually to the terms and conditions of this A VC.

STATE OF FLORIDA COUNTY OF PALM BEACH

) )

BEFORE ME, this __ \_~ __ day of_--'-A-+p-~_·\_\ __ , 2012, an officer duly




NOTARY PUBLIC

(print, tYJj(:}·.o;··· ~~w name ofNotary Public)

Personally known __ or Produced Identification (check one) Type of Identification Produced: FL l:>.'<'V L\C...

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THOMAS CORTLAND KENNEDY

Agreed to and signed this J~ day of Aprt\ \ , 2012, by the below-stated person


BY MY SIGNATURE I hereby affirm that my signature below binds me both personally

and individually to the terms and conditions of this A VC.

By: ~ STATE OF FLORIDA ) COUNTY OF PALM BEACH )

BEFORE ME, this \0'\ of _ __,_~~e~C2._·,_\ __ , 2012, an officer duly

authorized to take acknowledgments in the State ofFlorida, personally appeared THOMAS

CORTLAND KENNEDY who acknowledged before me that he executed the foregoing

instrument for the purposes therein stated.

(print name·

Personally knovvn __ or Produced Identification ./' (check one) Type of Identification Produced: "F='L 'j)~\\1 L..\C...

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FOR THE OFFICE OF THE ATTORNEY GENERAL

Signed this ;)3 day of ~(. \

~.,

41\."= ~

Assistant Attorney General

'2012

Economic Crimes Division Office of the Attorney General Florida Bar No. 0642101 1515 North Flagler Drive, Suite 900 West Palm Beach, Florida, 33401 Telephone No.: (561) 837-5000 Facsimile No.: (561) 837-5109

Accepted this t Y day of /1.fJ t --.....

erg Feuer South orida Bure Chief Econ~ Division Office of the Attorney General 1515 North Flagler Drive, Suite 900 West Palm Beach, FL 33401 Telephone No.: (561) 837-5000 Facsimile No.: (561) 837-5109

. 2012

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Documents

STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS … · operated their automobile loan modification business without a business telemarketing license and ... INC., as part of their marketing