What does Delaware AG Opinion 2013-04-17-cesise-and-desist-order-in-re- (Cesise and Desist Order – In Re: William Costigan) say?

Official title

Cesise and Desist Order – In Re: William Costigan

Source

• Landing page: https://attorneygeneral.delaware.gov/2013/04/17/cesise-and-desist-order-in-re-william-costigan/
• Original PDF: not linked from landing page

Original opinion text

STATE OF DELAWARE DEPARTMENT OF JUSTICE DIVISION OF CONSUMER PROTECTION

In Re: William Costigan

CEASE AND DESIST ORDER PURSUANT TO AN AGREEMENT

This Cease and Desist Agreement Order Pursuant to an Agreement (“Agreement”) is entered into by and among the Director of the Division of Consumer Protection of the Department of Justice (“the Director”) and William Costigan (“Costigan”) pursuant to 29 DeI.C. § 2525(a). In return for Costigan’s agreement to the issuance of this Agreement, the Director agrees not to institute or maintain any legal action or proceeding against Costigan with respect to the specific violations alleged in the Administrative Complaint filed against him by the Consumer Protection Unit X.on April 10, 2012

identified by Case No. 203662 (“Administrative Complaint”).                               rAu

Background & Factual Allegations

This Agreement incorporates the factual allegations of the Administrative Complaint.

Alleged Violation of the

Consumer Fraud Act

This Agreement incorporates the alleged violation of the Consumer Fraud Act stated in the Administrative Complaint.

Costigan’s Response

Costigan neither admits nor denies the CPU’s allegations. Cease & Desist Terms

Costigan agrees and is hereby ordered to cease and desist from:

Entering into any home improvement or home construction contract without the intent to perform such contract.

Other Material Terms Forming the Basis of this Cease and Desist Agreement and Order

5,        Costigan agrees to pay a total of $2,300 in restitution. The restitution shall be paid

according to the payment schedule in the following paragraph. All payments shall be delivered to the Director or any Deputy Attorney General executing this Agreement and shall be made payable to the State of Delaware, Consumer Protection Fund. If Costigan fails to make any payment according to the following schedule, he will be in breach of this Agreement and any remaining amounts will become immediately due. The Director shall disburse these funds as follows: the entire amount shall be disbursed to Diane and/or Robert Owens.

6.        Restitution Payment Schedule.

Due Date

Amount Due

Eger /Y)C.) , 1-* 4-4 e_

/k. 200

14 4 1– rk    rya 4- 4 c_

1

)4.-7 0 1-A,1      5- 44/ 71-, 4

i )

1 IA 1 0 tao 1,2

•

Total

x ,300

COS11.134,1                                                                                                     ,-.., gam -., M40

4 0

Iagrees to pay the State of Delaware a total of 5) C-(20. in civil penalties.

QC-

c6-1;i0 0., shall be suspended provided aiik does not violate or breach a material term

of this Agreement for a period of 5 years. If 8.61 violates or breaches a material term of this Agreement within 5 years of the date it is executed by the Director, the suspended civil penalties shall be immediately due and shall be delivered to the Director or any Deputy Attorney General executing this Agreement and shall be made payable to the State of Delaware, Consumer Protection Fund.

Non suspended civil penalties shall be paid according to the payment schedule in the MAL/ followin paragraph. All payments shall be delivered to the Director or any De k‘Attorney WC’ General exec ing this Agreement and shall be made payable to the State of D• aware, Consumer Protection Fund. I ostigan fails to make any payment according to the fa owing schedule, he will be in breach of this Agre ent and any remaining amounts will beco • e immediately due.

Non suspended a I penalties payment schedule.

General Provisions

Nothing in this Agreement shall be deemed or construed as a grant or permission to Costigan to conduct any activities in violation of any federal, state, or other applicable law or regulation.

This Agreement does not constitute an approval by the Director of any of Costigan’s business practices, and Costigan shall not make any contrary representations.

Nothing in this Agreement shall be construed to limit or affect the rights of any consumer or other person or entity to take any action, assert any claim, or otherwise pursue any available right or remedy, nor create any private rights or causes of action in any third parties.

Nothing in this Agreement shall preclude the Director from pursuing any action with respect to acts or practices of Costigan that have not been identified by this Agreement or any acts or practices conducted after the issuance of this Agreement.

This Agreement does not preclude the Director from investigating any new alleged violations and, if warranted, taking enforcement action.

Each undersigned individual represents and warrants that he or she is fully authorized by the party they represent to enter into this Agreement and to legally bind such party to the terms of this Agreement.

In Re William Costigan

Cease and Desist Order Pursuant to an Agreement Signature Page

WILLUAM COSTIGAN

4Ze -7 / 1 / 44 elY/

DELAWARE DEPARTMENT OF JUSTICE

Michael A. Undorf, quire Deputy Attorney General Delaware Department of Justice 820 N. French St., 5 th Floor Wilmington, DE 19801

(302) 577-8924

9–“ j

IT IS SO ORDERED THIS _day of 0ett31 2 P.!r , 2012.

Director, Di si of Consumer ttictibn

Delaware Department of Justice