We haven't
posted in a couple of weeks, mainly due to lack of real news
in the Norvergence Arena, but also due to the confidentiality
of the news we do have (can't post it here, sorry!) We will
have a ton of information and hopefully good news after the
June sessions, but in the meantime:
As part of a six-page default judgment entered against Norvergence,
on April 29th, Judge Brent Gamble of the 270th Texas District
Court "ORDERED, ADJUDGED, AND DECREED that all contracts
or agreements between NorVergence and Texas consumers, businesses
or persons are hereby declared void ab initio and unenforceable.
See
the PDF file HERE
This sets
precedence that may spell relief for many other victims, both
in TX and in other states.
Here
are some of the highlights:
IT IS
ORDERED, ADJUDGED, AND DECREED that Defendant, its
officers, agents, servants, employees, and attorneys, and
any other person in active concert or participation with Defendant
shall be permanently enjoined from engaging in the following
acts or practices:
1. Engaging in any commerce in the State of Texas, including,
but not limited to, the business of advertising, offering
for sale, selling, and providing telecommunications service
and related telecommunications equipment, and charging Texas
consumers for, or causing them to be charged for, the same.
2. Assigning any NorVergence equipment rental agreement (or
any part thereof)
where a Texas business, consumer, person, or entity is a party
thereto, to any other person, entity or finance company.
3. Enforcing, attempting to enforce, collecting or attempting
to collect any monies
purportedly owed under any NorVergence equipment rental agreement
from any
Texas consumer, business or entity.
This is our favorite part:
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that all contracts
or agreements between NorVergence and Texas consumers, businesses
or persons are hereby declared void ab initio and unenforceable.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any consumer
financing agreements owned or held in whole or part by NorVergence
shall be deemed void and uncollectible by any person or entity.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any NorVergence
consumer financing agreements transferred or assigned to any
third party after those contracts were rejected in the Bankruptcy
Case pursuant to 11 U.S.C. § 365 shall be deemed void
and uncollectible by any person or entity.
IT IS ALSO ORDERED that to the extent that NorVergence has
a residual,
contingent, or similar right to any consumer financing agreement
not currently owned or held by NorVergence, those agreements
shall be deemed void and uncollectible as of the time that
NorVergence’s residual, contingent, or similar right
matures.
IT IS ALSO ORDERED that NorVergence shall notify each consumer
affected by this section that their consumer financing agreement
has been deemed uncollectible and void, either immediately
or in the future, as applicable.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, to the
extent not prohibited by bankruptcy law :
1. Defendant shall make payment of all amounts due herein
to the Plaintiff by delivery of a cashier’s check or
money order to the Office of the Attorney General, Consumer
Protection Division, 300 West 15th Street, 9th Floor, William
Clements Building, Austin, Texas 78701. Such check or money
order shall be made payable to the Office of the Attorney
General.
2. All costs of court incurred in this case are taxed against
Defendant.
3. Defendant shall pay pre-judgment and post-judgment interest
on all monetary awards set forth in this judgment as provided
by law.
4. The State of Texas have all writs and processes as may
be necessary in the enforcement and collection of this judgment.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that all relief
not expressly granted herein is denied.
One state
down, 49 to go. Keep fighting the scam!
Charles
Triglianos
Editor & Creator
Fightthescam.com
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