12-001633 Unlimited Fulfillment Services, Llc vs. Department Of Financial Services Status: Closed Recommended Order on Friday, June 28, 2013.

Summary: Dept. of Insurance proved postcard and call center operation was unlicensed business of insurance. The Department proved the operation was a deceptive practice.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

UNLIMITED FULFILLMENT SERVICES,

LLC,

Petitioner,

vs.

Case No. 12-1633

DEPARTMENT OF FINANCIAL

SERVICES,

Respondent.

/

RECOMMENDED ORDER

Administrative Law Judge John D. C. Newton, II, of the

Division of Administrative Hearings heard this case, as noticed,

on March 12, 2013, in Ft. Myers, Florida.

APPEARANCES

For Petitioner: Brennan Donnelly, Esquire

Messer, Caparello, and Self, P.A.

2618 Centennial Place

Tallahassee, Florida 32308-0572

For Respondent: David J. Busch, Esquire

Division of Legal Services

Department of Financial Services

612 Larson Building

200 East Gaines Street

Tallahassee, Florida 32399-0333

STATEMENT OF THE ISSUES

A. Has Petitioner, Unlimited Financial Services, LLC

(Unlimited), conducted the unlicensed business of insurance in

violation of section 626.112(7), Florida Statutes (2011)? 1/

B. Has Unlimited engaged in an unfair or deceptive act or

practice, false advertising, as prohibited by section

626.9541(1)(b)?

PRELIMINARY STATEMENT

On April 10, 2012, Respondent, Department of Financial

Services (Department), issued a Notice of Intent to Issue Cease

and Desist Order directed at Unlimited. Unlimited contested the

notice and requested a hearing. The Department referred the

matter to the Division of Administrative Hearings to conduct the

requested hearing. The undersigned set the hearing to begin

July 31, 2012. The parties engaged in discovery, and the

proceeding was continued four times upon agreed-to motions of the

parties and was set to begin on March 12, 2013. On March 1,

2013, the Department issued an Amended Notice of Intent to Issue

Cease and Desist Order. The undersigned conducted the hearing as

scheduled on March 12, 2013.

The Department presented testimony from Edward Ludden, Lorna

Noren, and Phyllis Sukut. Department's Exhibits 1, 5, 6 (pages

45 through 59 only), 12 (deposition of Glenn Daily), and 13

(exhibits to Daily deposition, with references to actions in

other states, stricken) were admitted. Objections to Department

Exhibits 2, 3, 4, and 8 were sustained.

Unlimited presented testimony from Matthew Dilday and Joseph

Cronin (by deposition). Exhibits 1, 2, and 3 (deposition of

Lorna Noren) of Unlimited were admitted.

The Transcript was filed on April 16, 2013. The parties

were granted two extensions of time for filing proposed

recommended orders. The parties timely filed proposed

recommended orders, and they have been considered in the

preparation of this Recommended Order.

FINDINGS OF FACT

1. The Department is a state agency charged with

administering chapters 624 and 626, Florida Statutes, governing

the business of insurance.

2. Unlimited is not a licensed Florida insurance agency.

Matthew Dilday, its owner, is not a licensed Florida insurance

agent.

3. In the pre-hearing stipulation, Unlimited described

itself as "an advertiser who obtains qualified leads for licensed

Florida insurance agents." In its advertising materials directed

at insurance agents, Unlimited describes itself as "the Nation's

most sought after company for advisors in need of new marketing

strategies" and "the Nation's No. 1 Annuity Leads and Preset

Appointment Program."

4. Unlimited promotes itself on its website as "No. 1

Annuity Lead Provider." Beneath that heading, Unlimited

represents:

When we talk with our annuity and investment

lead prospects, our professionally trained

call center staff is adamant about confirming

that they have investment assets. When you

purchase preset investment or annuity

appointments from UFS Marketing [Unlimited],

you also receive access to our highly

recommended training programs that explain to

you the best way to convert leads and

appointments into sales.

5. Unlimited's materials say:

We provide annuity leads to financial

professionals who sell deferred annuities,

many who work for insurance companies. We

also provide pre-qualified annuity leads

programs to independent agents of the

insurance companies who collect a commission

from the insurance company when they sell an

annuity. This commission is usually a a

[sic] percentage of the total premium paid by

the annuity investor.

6. Unlimited's services facilitate contact between an agent

and a potential client in several ways. According to the

promotional materials, Unlimited's "Annuity Leads and Preset

Appointment Programs are essential to insurance agents and

financial advisors."

7. Again, according to the materials, Unlimited sets

"thousands of qualified appointments every month for agents

nationwide." The program saves agents valuable time in

prospecting for qualified prospective customers.

8. Unlimited enters into marketing services agreements with

Florida insurance agents and agencies designed to facilitate the

marketing of life insurance products to Florida consumers.

9. Unlimited is in the advertising and marketing business

and operates a telemarketing call center. Although Mr. Dilday

repeatedly testified that Unlimited was simply a "printing

company," it is not. It is a direct mail and telemarketing

marketing organization focused on developing customer leads for

insurance agents. 2/

10. In 2011, Unlimited entered into a contract with Florida

Insurance Agent Andy Heygate titled, "Marketing Services

Agreement" (Agreement).

11. The "General Purpose" paragraph of the Agreement

states:

This Agreement will establish a business

relationship among and between the

aforementioned parties whereby UFS Marketing

will supply fulfillment services on behalf of

the Customer [Agent Heygate]. Marketing

materials will be mailed to the general

public on behalf of the Customer in

accordance with the instructions received

from the Customer and calls will be taken

from the general public on behalf of the

Customer in accordance with the Customer's

instructions.

12. The Agreement details marketing services and the

parties' responsibilities. Among other things, it provides:

A. Unlimited will send a mass mailing developed

by the customer targeted at individuals who

meet a demographic profile selected by the

customer.

B. The profile for the Agreement targeted

homeowners aged 58-75 who had an annual income

of over $30,000 and a home worth $150,000 or

more.

C. Unlimited will make a telephone bank available

to accept responses from consumers following a

script developed by the customer to screen the

responses to make appointments or develop

leads.

D. Unlimited will make leads available and/or set

appointments with consumers resulting from the

inquiries generated from the marketing

materials.

13. The Agreement defines "Lead" as "a consumer who

contacts an UFS Marketing representative in response to the

Customer's marketing materials and agrees to be contacted by the

Customer."

14. The Agreement defines "Appointment" as "a consumer who

contacts UFS Marketing in response to the Customer's marketing

materials and schedules an appointment with the Customer for the

purpose of discussing the Customer's products or services and is

defined by [enumerated criteria]."

15. The criteria include that the consumer has indicated

"they are receiving regular statements for an investment or

retirement plan," and the consumer has "indicated they will have

their statements available at the time of the review."

16. The Agreement requires the agent to pay Unlimited a

fee. The "[f]ees are based upon the number of marketing pieces

sent and resources required to take inbound calls, schedule

appointments and develop leads on behalf of the [agent]." The

fees are for the full range of services provided for in the

Agreement, not just printing and mailing the postcards.

17. The marketing materials and mass mailing the Agreement

refers to are a postcard, which is an exhibit to the Agreement.

18. The front address side of the postcard in very small

print reads:

Privacy Law Notice: This notice is provided

in accordance with Federal Privacy Laws. The

Policy of this agency is to protect the

privacy rights of all consumers who respond

to this notice. This agency DOES NOT POSSESS

OR DISCLOSE NON-PUBLIC PERSONAL INFORMATION

TO THIRD PARTIES IN ANY INSTANCE. If you

choose to have an existing policy or contract

reviewed by a licensed agent, that agent is

also required to adhere to the state and

federal consumer and privacy protection laws.

Important information: This notice is being

sent to you as a possible holder of an

in-force annuity contract. This agency does

not have a direct affiliation with the

insurance carrier through which you are

currently contracted. The agency is

contracted with agents licensed to conduct

insurance business in your state. This

notice should be disregarded if you do not

currently have an in-force annuity contract.

19. The word "agency" evokes the concept of a government or

insurance agency. Unlimited is not an agency. The description

of Unlimited as an agency is false.

20. The back side of the postcard in larger print states:

This communication is to inform you that you

may have an annuity that has reached the end

of its surrender period.

The end of a surrender period is a positive

Please contact the Annuity Department to event that means an owner may cash in an

discuss your options. annuity or make withdrawals without

[phone] incurring a surrender charge. A surrender

charges is a fee levied by an insurance

21. The first sentence on the back side of the postcard company on an annuity contract for

withdrawals before the end of the time set

creates the impression that the sender has some knowledge of the b y the contract ( the surrender p eriod ) .

financial circumstances and holdings of the addressee.

22. The statement in the text box is an accurate statement.

23. The overall import of the postcard, including the

"Privacy Law Notice," the reference to Unlimited as an "agency,"

and references to the recipient having an annuity, create the

impression that the sender has financial information about the

recipient and some formal relationship with the recipient. This

is so despite the disclaimers "may have" and "possible holder."

24. It is also so despite the sentence stating the "agency"

does not have a "direct" affiliation with the recipient's

insurance carrier. Use of "direct" necessarily implies a

relationship of some sort.

25. The script is also an exhibit to the Agreement. The

script calls for the operator to tell the caller:

[I]f you've held an annuity for some time and

you're due for a quick service review. This

review will cover important contract features

and make sure you are receiving all the

benefits you are entitled to. The review

will also cover information on how to stop

paying taxes on your retirement investments.

Have you been getting your statements on a

regular basis?

26. The script directs the operator to make sure the

statement is a statement for an investment, not for social

security. It also directs the operator to ensure that the amount

of the last statement exceeded $20,000.

27. The script calls for the operator to schedule an

appointment with the agent and emphasize the importance of

bringing the account statement. It does not provide for the

recipient bringing the annuity contract, which is the document

that would have terms such as the surrender period.

28. After covering the annuity information and appointment

conversation, the script goes on to lead the operator through

similar questioning about an IRA or 401K and life insurance. The

script is attached to this Recommended Order as Exhibit A.

29. The Agreement requires Unlimited to provide the agent

with recordings of every call resulting in an appointment or

lead.

30. The Agreement also contains several disclaimers. For

instance it states: "UFS Marketing shall not participate in any

sales activity or other business conducted by the Customer."

31. It also states that "UFS Marketing shall not supervise

or monitor the sales activity or other business activities of the

Customer."

32. The Agreement provides for the agent/customer to

approve both the postcard and the script.

33. The Agreement also includes several assertions by the

agent/customer that they are properly qualified and licensed in

the states where the appointments will be scheduled.

34. In 2011, Unlimited mailed marketing postcards to

Phyllis Sukut and Angie Perez Cabrera in Florida. The postcards

were part of Unlimited's fulfillment of its Agreement with

Mr. Heygate. Unlimited mailed approximately 240,000 of the

postcards to Florida addresses.

35. A copy of the postcard sent to Ms. Sukut pursuant to

the Agreement is attached to this Recommended Order as Exhibit B.

The postcard is identical to the Agreement's sample, except that

it asks her to contact the "Scheduling Department," instead of

the "Annuity Department" and includes the statement,

"[w]ithdrawals may, however, still be subject to tax

consequences."

36. Before mailing the postcards, Unlimited did not know

the insurance, investment, or financial circumstances of

Ms. Sukut and Ms. Perez Cabrera.

37. The postcard confused Ms. Sukut because it did not come

from her insurance company, and she did not understand the

references to "agency" and "surrender period."

38. She called the number and spoke to a gentleman who

wanted to schedule an appointment to discuss her "expiring"

annuity. She declined. The gentleman gave her a number to call

and Mr. Heygate's name, if she changed her mind.

39. Ms. Sukut contacted her insurance agent, Ed Ludden,

about it. Ms. Perez Cabrera also sent the card that she received

to Mr. Ludden.

40. Mr. Ludden forwarded the postcards to Prudential, who

held the women's policies. He was concerned that somehow

Prudential's confidential information about Ms. Sukut and

Ms. Perez Cabera had been compromised. Even an experienced

insurance agent like Mr. Ludden received the impression that the

sender of the postcard had information about the recipients.

41. Mr. Ludden also contacted the Department and provided

the postcards to it.

CONCLUSIONS OF LAW

42. DOAH has jurisdiction over the parties and the subject

matter of this proceeding pursuant to sections 120.569 and

120.57(1), Florida Statutes (2012).

43. The Department brings this action against Unlimited to

exercise its cease and desist authority. It maintains that

Unlimited has engaged in the unlicensed business of insurance and

has engaged in an unfair or deceptive act or practice.

44. Section 626.9581 grants the Department authority to

issue an order requiring a person who has engaged in an unfair or

deceptive act or practice or the unlawful transaction of

insurance to cease and desist.

45. Section 626.9571 establishes the process for exercise

of the Department's cease and desist authority. It requires the

Department to serve a statement of the charges and notice, as the

Department has done. § 626.9571(3), Fla. Stat. (2011).

Subsections 626.9571(1) and (2) provide for a hearing conducted

in accordance with chapter 120, Florida Statutes (2012).

46. The Department bears the burden of proving the

allegations of its Amended Notice of Intent to Issue Cease and

Desist Order. See Dep't of Banking & Fin., Div. of Sec. &

Investor Prot. v. Osborne Stern & Co. , 670 So. 2d 932, 934 (Fla.

1996)("The general rule is that a party asserting the affirmative

of an issue has the burden of presenting evidence as to that

issue. Fla. Dep't of Transp. v. J.W.C. Co., Inc ., 396 So. 2d 778

[Fla. 1st DCA 1981]."). The parties are in agreement that

preponderance of the evidence is the required degree of proof for

this administrative proceeding. Dep't of Banking & Fin., Div. of

Sec. & Investor Prot. v. Osborne Stern & Co. , supra ; Wensil v.

Dep't of Envtl. Prot. , 675 So. 2d 1040 (Fla. 1st DCA 1996);

Fitzpatrick v. Miami Beach , 328 So. 2d 578 (Fla. 3rd DCA 1976);

Fla. Dep't of HRS v. Career Serv. Comm'n , 289 So. 2d 412 (Fla.

4th DCA 1974).

The Business of Insurance

47. Annuities are a type of life insurance. § 624.602(1).

48. Florida law requires a Department license in order to

act as, or hold oneself out as, an insurance agent, insurance

adjuster, or customer representative. § 626.112(1). No one may

"engage in the solicitation of insurance" unless they are

licensed to do so by the Department. § 626.112(1)(b). Section

626.112(7)(a) prohibits any entity acting directly or indirectly

as an insurance agency unless licensed by the Department.

49. Section 624.10 states: "'Transact' with respect to

insurance includes any of the following, in addition to other

applicable provisions of this code: (1) Solicitation or

inducement. . . ." The Department maintains that Unlimited's

lead development activities, including the postcard mailings and

the call center operations, are solicitation of insurance that

require a license.

50. The First District Court of Appeal considered a

factually similar context in National Federation of Retired

Persons v. Department of Insurance , 553 So. 2d 1289 (Fla. 1st DCA

1989). In a declaratory statement proceeding, National asked the

Department to review an informational pamphlet it intended to

send to members and prospective members. The pamphlet invited

recipients to contact National for information about the

availability of supplemental Medicare insurance. It stated that

it had reviewed policies that pay 100 percent of covered hospital

charges, cover pre-existing conditions, and guarantee acceptance.

National planned to compile the names of those who inquired into

lists to sell insurance companies.

51. National's activity facilitated contact between an

agent and a potential client. The Department determined in its

declaratory statement that National's activity was solicitation

and inducement and, therefore, the transaction of insurance, as

defined in section 624.10, required a license. The court,

applying basic principles of statutory construction, considered a

commonly accepted dictionary definition of "solicit." The court

also applied the principle that "[a]n agency is afforded wide

discretion in the interpretation of a statute which it

administers and such interpretation will not be overturned unless

clearly erroneous." Nat'l Fed'n of Retired Persons v. Dep't of

Ins. , supra , at 1290. The opinion affirmed the Department's

declaratory statement. To reach that result the court

necessarily held that the facilitation proposed by National

amounted to transacting insurance.

52. That holding governs here. The purpose and effect of

Unlimited's program is to facilitate solicitation of insurance by

screening potential customers to provide "leads" with specified

resources and an existing annuity no longer subject to a

surrender charge. Unlimited providing insurance agents a list of

names of interested and qualified potential customers cannot be

distinguished from National providing a list of interested

potential customers. Unlimited makes an argument that actually

supports this conclusion. Unlimited argues that the screening

its employees perform is no different than the screening an

insurance agent's receptionist might perform if a potential

customer called. That may be so. But the receptionist would be

clearly facilitating solicitation of insurance as Unlimited is.

Unlike Unlimited, the receptionist would be working as an agent

of, and under the licensed authority of, the insurance agent.

53. The Department proved that the Unlimited program

described in the Findings of Fact is the business of insurance

and requires licensure by the Department. 3/

Untrue, Deceptive, or Misleading

54. Part IX of chapter 626 creates the "Unfair Insurance

Trade Practices Act." 4/

55. Section 626.9541(1)(b)2. of the Act prohibits knowingly

making, publishing, disseminating, circulating, or placing before

the public, or causing, directly or indirectly, to be made,

published, disseminated, circulated, or placed before the public

in the form of a letter or notice "an advertisement,

announcement, or statement containing any assertion,

representation, or statement with respect to the business of

insurance, which is untrue, deceptive, or misleading." The

Department charges that Unlimited violated this prohibition.

56. There is no question that Unlimited knowingly

disseminated the postcards to the public and disseminated

statements to the public through its call center. The

determinative question for resolving this charge is whether the

statements in the postcard and the representations of call center

employees, as documented in their script, were untrue, deceptive,

or misleading.

57. The Department has not proven that the statements were

untrue. It has, however, proven by a preponderance of the

evidence that they were deceptive or misleading. 5/ The facts here

are much like those the Department found deceptive in Department

of Insurance v. Jaquith , Case No. 99-4363 (Fla. DOAH May 23,

2000; Fla. DOI July 27, 2000), aff'd per curiam , Jaquith v.

Department of Insurance Case No. 4D00-2947 (Fla. 4th DCA 2001).

In that case the bail bond insurer's advertisement was factually

correct in that it asserted the insurer offered "GUARANTEED

LOWEST RATES!" while noting "ALLOWED BY LAW" in smaller typeface.

The law permitted only one rate. This made the advertisement

misleading and deceptive, because it created the inference that

the insurer could provide lower rates than others.

58. Unlimited's postcard and call center script are likely

to mislead in the following ways: (1) They create the impression

that the communication comes from a government or insurance

agency and conceal the fact that it comes from a marketing firm.

(2) They create the impression that Unlimited has some

information about and relation to the targeted consumer.

(3) They create the impression that Unlimited is acting in the

recipient's interest to review the annuity, when it is acting on

behalf of the agent that retained it to develop sales leads.

59. Unlimited relies upon a survey conducted by Dr. Joseph

Cronin to argue that the postcard is not misleading or deceptive.

The survey is not persuasive. The record does not explain how

the sample of survey respondents chosen was statistically valid.

The selection process was that Dr. Cronin simply sent two

students to senior centers in Tallahassee, Florida, to question

exercise class participants. Two of the five questions it asked

establish a standard well beyond whether the postcard is

misleading or deceptive. Those questions ask if the reader felt

"required" to call the number or if the postcard "required" some

action. If the survey was given weight, it would buttress the

conclusion that the postcard is deceptive. The survey questioned

67 individuals between the ages of 55 and 75. Of that sample,

17.9 percent found the postcard deceptive. Evidence that 15

percent of a survey sample is misled by an advertisement is

sufficient to support the determination of likelihood of success

on the merits needed to sustain entry of a preliminary

injunction. Novartis Consumer Health, Inc. v. Johnson & Johnson-

Merck Consumer Pharms. Co. , 290 F.3d 578, 594 (3d Cir. 2002).

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that the Department of Financial Services

enter a final Cease and Desist Order: (1) finding that Unlimited

Fulfillment Services, LLC, has engaged in the unlawful

transaction of insurance; (2) finding that Unlimited Fulfillment

Services, LLC, has engaged in a misleading or deceptive trade

practice; and (3) ordering Unlimited Fulfillment Services, LLC,

to cease and desist all written and oral insurance marketing or

advertising efforts in Florida by means of direct mail, use of

the internet, or telemarketing, unless and until it is properly

licensed in the State of Florida.

DONE AND ENTERED this 28th day of June, 2013, in

Tallahassee, Leon County, Florida.

JOHN D. C. NEWTON, II

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 28th day of June, 2013.

ENDNOTES

1/ All references to the Florida Statutes are to the 2011 edition

unless otherwise noted.

2/ Mr. Dilday's repeated assertions in testimony that Unlimited

is only a printing company undermine his credibility.

3/ This is so whether the preponderance of evidence or the clear

and convincing standard is applied. Slomowitz v. Walker , 429

So. 2d 797, 800 (Fla. 4th DCA 1983); G.W.B. v. J.S.W. (In Re Baby

E.A.W.) , 658 So. 2d 961, 967 (Fla. 1995). The Findings of Fact

are established under either standard.

4/ The parties do not question that this Act governs the

activities of unlicensed entities, as well as licensed. In light

of this agreement and the deference to be given an agency's

interpretation of the statutes it administers, Nat'l Fed'n Of

Retired Persons v. Dep't of Ins. , supra , this interpretation is

accepted and applied in this case.

5/ Florida's Deceptive and Unfair Trade Practices Act contains

language similar to section 626.9541(1)(b)2. It prohibits

"unfair or deceptive acts or practices in the conduct of any

trade or commerce . . . ." § 501.204(1), Fla. Stat.

Interpretations of similar language in other statutes can be

instructive. Bortell v. White Mts. Ins. Group, Ltd , 2 So. 3d

1041, 1047 (Fla. 4th DCA 2009). Interpreting section 501.204(1),

the opinion in Davis v. Powertel, Inc. , 776 So. 2d 971, 974 (Fla.

1st DCA 2000), states "a deceptive practice is one that is

"likely to mislead" consumers.

COPIES FURNISHED:

Julie Jones, CP, FRP, Agency Clerk

Division of Legal Services

Department of Financial Services

200 East Gaines Street

Tallahassee, Florida 32399-0390

David J. Busch, Esquire

Division of Legal Services

Department of Financial Services

612 Larson Building

200 East Gaines Street

Tallahassee, Florida 32399-0333

Brennan Donnelly, Esquire

Messer, Caparello, and Self, P.A.

2618 Centennial Place

Tallahassee, Florida 32308-0572

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.

Feb. 11. 2011 11;lSAM No.li12 P. 11

Agent Acknowledgement

• You the customer referred to he(e1n as "You" "your(s)" or "User" agrees as foI1O'M!;:

Immediately upon feceipt of payment of fees, UNLIMITED FUlFlLLMENT seRVIOES

lLC will prepare and execute a mass mailing developed by the user targete

individuals who meet a demographic piOiile selected by tl'lQ user; acoept Incoming

responses from consumers according to an Ihbound call sCfipt dllV6lopad by me user to

screen those incoming responses for the purpos& of making appoinbnents or developing

leads In accordal'loo wIth the instructions issued by the user. The use of such materials

and services ·ls . ai the Users own tlak. I und.erstand that a reasonable Mlount of

undtliverable mall is to be expected during suoh mailing campaigns and that all

undelIVered mall will be returned to the address provided by the customer.

I warrant thai I have not sUbmitted to UNLIMITED FULFILLMENT SERVICES lLC:

• Materiais that are unlawful, th'reatening, abusiVe, defamatory, obscene or which hwade

another person's privacy or further the commission or COncealmenl of a crime;

• Materials fuafarethe subject of, or which infringe upon, any pa,lSnt, trademark. ltade.

name, lradeMcret, I1ght of pUblICIty, moral right or other Intelleclual property

right ofanolher person or entity. . .

I, "User" have reviewed the above lilod approve and Instruct the use of such malerlals by

UNLIMITeO FUI.,FILLMENT SERV ES LtC jn performing mar!

S l 9 na tllre:

Date: ------'--1-------.0...+-1-------

•

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the fede:J:al C<>ns_et!illU privacy laws. This

nt>ftce.I!'l>¢lllg 5e1,'lt to you···as. a possible holder of fltl in.-force annuity ccOnkact. This:

does not hav(: a with you

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is you m,ay

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ror befor-ethe .eltld- QUAe by the

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EXHIBIT B