a temporary order - Colorado Attorney General

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3. Plaintiffs have also shown that, unless defendants areenjoined from doing so by this Court, they will continue withtheir unlicensed debt collection activity. For example,defendants continued collecting debts despite theAdministrator’s: (a) November 2009 cease and desist advisory;and (b) May 2010 license application denial.4. Act § 12-14-135 authorizes the Administrator to applyfor, and this Court to issue, an injunction “or otherappropriate order restraining any person from any violation ofthe” Act. Collecting debts and acting as a collection agencywithout a license violates the Act.5. The Act is a comprehensive regulatory licensingstatute. Because the Motion seeks injunctive relief under theAct, neither the requirements of Rathke v. MacFarlane, 648 P.2d648 (Colo. 1982), nor C.R.C.P. 65 apply. See, e.g., Kourlis v.District Court, 930 P.2d 1329 (Colo. 1997); State ex rel.Salazar v. Cash Now Store, Inc., 31 P.3d 161 (Colo. 2001).6. Nevertheless, plaintiffs have shown that:a. Defendants’ practices of collecting debts withouta license cause immediate and irreparable injury to thepublic.b. Plaintiffs have no adequate remedy at law and theremedy of a temporary restraining order is appropriateunder the circumstances.c. Defendants will not suffer any hardship by reasonof a temporary restraining order, as they are not entitledto engage in their debt collection activity without alicense.d. The public’s interest and the equities weigh infavor of enforcing the Act and restraining defendants’unlawful activities.IT IS THEREFORE ORDERED that defendants, and theirofficers, directors, agents, servants, employees, attorneys,heirs, successors, and assigns, together with all persons inactive concert or participation with them who receive actualnotice of this order, are hereby IMMEDIATELY ENJOINED ANDRESTRAINED from engaging, directly or indirectly, in consumerdebt collection or otherwise acting as a collection agencywithout a validly issued Colorado collection agency license orotherwise violating the Act. This includes, without limitation:2
• PROHIBITING all such persons from collecting or receivingany monies from any consumers, whether by withdrawing ordebiting any consumer’s bank, credit card, debit card, orother accounts or otherwise;• REQUIRING defendants to provide to the State, withinseven days of the date hereof, a complete list of allconsumers from whom defendants collected or attempted tocollect, directly or indirectly, debts the consumersallegedly owed, showing, as to each such consumer, theconsumer’s name, address, and amounts of any moniescollected; and• PROHIBITING all such persons from withdrawing,transferring, spending, encumbering, giving away, or inany way disposing of any monies in any bank accounts intowhich they may have deposited any monies collected fromconsumers, and all such bank accounts are hereby frozen.IT IS FURTHER ORDERED that the Court will hear the Motion’srequest for a preliminary injunction on _____________, 2010, at________ o’clock a.m./p.m., in Courtroom __, Denver DistrictCourt, 1437 Bannock Street, Denver, Colorado 80202.ENTERED this ___ day of ______, 2010, at ______ o’clock.This order shall remain in effect until further order of theCourt.BY THE COURT:District Court JudgeAG ALPHA:AG File:LW CB HZGQB\\S_DOL_2\DATA\UC\UCCHESPZ\CAB\DAVID FAITH CORP\ORDER (TRO - PROPOSED).DOCX3
Page 1: GRANTEDIN PARTMovant shall serve co

a temporary order - Colorado Attorney General

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