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IN THE MATTER OF: ALARCON LAW GROUP, P.C. R.M.A. LEGAL NETWORK |
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ORDER TO MAKE RESTITUTION AND NOTICE OF RIGHT TO HEARING |
I. LEGAL AUTHORITY AND JURISDICTION
The Banking Commissioner (“Commissioner”) is charged with the administration of Sections 36a-671 to 36a-671e, inclusive, of the Connecticut General Statutes contained in Part II of Chapter 669 of the Connecticut General Statutes, “Debt Adjusters and Debt Negotiation”.
Pursuant to the authority granted by Section 36a-17(a) of the Connecticut General Statutes, the Commissioner, through the Consumer Credit Division of the Department of Banking, has investigated the activities of Respondents to determine if they have violated, are violating or are about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner.
Section 36a-17(a) of the Connecticut General Statutes provides, in pertinent part, that:
The commissioner, in the commissioner’s discretion, may, subject to the provisions of section 36a-21 and the Freedom of Information Act, as defined in section 1-200; (1) make such public or private investigations . . . within or outside this state, concerning any person subject to the jurisdiction of the commissioner, as the commissioner deems necessary to carry out the duties of the commissioner, (2) require or permit any person to testify, produce a record or file a statement in writing, under oath, or otherwise as the commissioner determines, as to all the facts and circumstances concerning the matter to be investigated or about which an action or proceeding is pending . . . .
Section 36a-52 of the Connecticut General Statutes provides, in pertinent part, that:
(a) Whenever it appears to the commissioner that any person has violated, is violating or is about to violate any provision of the general statutes within the jurisdiction of the commissioner, . . . the commissioner may send a notice to such person by registered or certified mail, return receipt requested, or by any express delivery carrier that provides a dated delivery receipt. The notice shall be deemed received by the person on the earlier of the date of actual receipt, or seven days after mailing or sending. Any such notice shall include: (1) A statement of the time, place, and nature of the hearing; (2) a statement of the legal authority and jurisdiction under which the hearing is to be held; (3) a reference to the particular sections of the general statutes . . . alleged to have been violated; (4) a short and plain statement of the matters asserted; and (5) a statement indicating that such person may file a written request for a hearing on the matters asserted within fourteen days of receipt of the notice. If a hearing is requested within the time specified in the notice, the commissioner shall hold a hearing upon the matters asserted in the notice, unless the person fails to appear at the hearing. After the hearing, the commissioner shall determine whether an order to cease and desist should be issued against the person named in the notice. If the person does not request a hearing within the time specified in the notice or fails to appear at the hearing, the commissioner shall issue an order to cease and desist against the person. No such order shall be issued except in accordance with the provisions of chapter 54.
(b) If the commissioner finds that the public welfare requires immediate action, the commissioner may incorporate a finding to that effect in the notice sent in accordance with subsection (a) of this section and issue a temporary order requiring the person to cease and desist from the activity which constitutes such alleged violation and to take or refrain from taking such action as in the opinion of the commissioner will effectuate the purposes of this section. Such temporary order shall become effective on receipt and, unless set aside or modified by a court, shall remain in effect until the effective date of a permanent order or dismissal of the matters asserted in the notice.
Section 36a-50 of the Connecticut General Statutes provides, in pertinent part, that:
(a)(1) Whenever the commissioner finds as the result of an investigation that any person has violated any provision of the general statutes within the jurisdiction of the commissioner, . . . the commissioner may send a notice to such person by registered or certified mail, return receipt requested, or by any express delivery carrier that provides a dated delivery receipt. The notice shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending. Any such notice shall include: (A) A statement of the time, place, and nature of the hearing; (B) a statement of the legal authority and jurisdiction under which the hearing is to be held; (C) a reference to the particular sections of the general statutes . . . alleged to have been violated; (D) a short and plain statement of the matters asserted; (E) the maximum penalty that may be imposed for such violation; and (F) a statement indicating that such person may file a written request for a hearing on the matters asserted not later than fourteen days after receipt of the notice.
(2) If a hearing is requested within the time specified in the notice, the commissioner shall hold a hearing upon the matters asserted in the notice unless such person fails to appear at the hearing. After the hearing, if the commissioner finds that the person has violated any such provision, . . . the commissioner may, in the commissioner’s discretion and in addition to any other remedy authorized by law, order that a civil penalty not exceeding one hundred thousand dollars per violation be imposed upon such person. If such person does not request a hearing within the time specified in the notice or fails to appear at the hearing, the commissioner may, as the facts require, order that a civil penalty not exceeding one hundred thousand dollars per violation be imposed upon such person.
(3) Each action undertaken by the commissioner under this subsection shall be in accordance with the provisions of chapter 54. . . .
(c) Whenever the commissioner finds as the result of an investigation that any person has violated any provision of the general statutes within the jurisdiction of the commissioner, . . . the commissioner may, in addition to any other remedy authorized by law, order such person to (1) make restitution of any sums shown to have been obtained in violation of any such provision . . . plus interest at the legal rate set forth in section 37-1 . . . . After the commissioner issues such an order, the person named in the order may, not later than fourteen days after the receipt of such order, file a written request for a hearing. The order shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending. Any such hearing shall be held in accordance with the provisions of chapter 54.
II. MATTERS ASSERTED
| 1. |
Alarcon is a New York professional corporation with an office at 2758 Middle Country Road, Suite 202A, Lake Grove, New York. | ||
| 2. |
NLA is a Florida corporation with an office at 1924 9th Street, Suite E, St. Petersburg, Florida. | ||
| 3. |
R.M.A. is a purported entity with an office at 4250 Veterans Highway, Suite 2010W, Holbrook, New York. | ||
| 4. |
On January 6, 2011, a Connecticut resident entered into a Service/Retainer Agreement with Alarcon, in which the Connecticut resident engaged the services of Alarcon in connection with negotiating a possible mitigation of such Connecticut resident’s current home loan situation.
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| 5. | In connection with the Service/Retainer Agreement, the Connecticut resident referred to in paragraph 4 above made payments to Alarcon totaling $2,750, which amount is in excess of amounts that debt negotiators may charge for services pursuant to the Schedule of Maximum Fees established by the Commissioner on or about October 1, 2009 (“Schedule of Maximum Fees”). | ||
| 6. | The Schedule of Maximum Fees provides, in pertinent part, that “[a] debt negotiator of secured debt, including Short Sales and Foreclosure Rescue Services, may impose a fee upon the mortgagor or debtor for performing debt negotiation services not to exceed five hundred dollars ($500). Such fee shall only be collectable upon the successful completion of all services stated in the debt negotiation service contract”. | ||
| 7. | On September 10, 2012, the Commissioner received a complaint filed by the Connecticut resident referred to in paragraph 4 above concerning Alarcon’s failure to perform or successfully complete the services specified in the Service/Retainer Agreement. | ||
| 8. | At no time relevant hereto has Alarcon been licensed to engage or offer to engage in debt negotiation in this state, nor did Alarcon qualify for an exemption from such licensure. | ||
| 9. | On September 24, 2012, a Connecticut resident entered into an Authorization for Statement of Representation with NLA, in which the Connecticut resident engaged the services of NLA in connection with negotiating a possible mitigation of such Connecticut resident’s current home loan situation. | ||
| 10. | In connection with the Authorization for Statement of Representation, the Connecticut resident referred to in paragraph 9 above made payments to NLA totaling at least $2,384, which amount is in excess of amounts that debt negotiators may charge for services pursuant to the Schedule of Maximum Fees. | ||
| 11. | On March 5, 2013, the Commissioner received a complaint filed by the Connecticut resident referred to in paragraph 9 above concerning NLA’s failure to perform or successfully complete the services specified in the Authorization for Statement of Representation. | ||
| 12. | On August 25, 2012, a Connecticut resident entered into a Service/Retainer Agreement with NLA, in which the Connecticut resident engaged the services of NLA in connection with negotiating a possible mitigation of such Connecticut resident’s current home loan situation. | ||
| 13. | In connection with the Service/Retainer Agreement, the Connecticut resident referred to in paragraph 12 above made payments to NLA totaling $3,019, which amount is in excess of amounts that debt negotiators may charge for services pursuant to the Schedule of Maximum Fees. | ||
| 14. | On May 15, 2013, the Commissioner received a complaint filed by the Connecticut resident referred to in paragraph 12 above concerning NLA’s failure to perform or successfully complete the services specified in the Service/Retainer Agreement. | ||
| 15. | On September 10, 2012, a Connecticut resident entered into a Service/Retainer Agreement with NLA, in which the Connecticut resident engaged the services of NLA in connection with negotiating a possible mitigation of such Connecticut resident’s current home loan situation. | ||
| 16. | In connection with the Service/Retainer Agreement, the Connecticut resident referred to in paragraph 15 above made payments to NLA totaling $1,081, which amount is in excess of amounts that debt negotiators may charge for services pursuant to the Schedule of Maximum Fees. | ||
| 17. | By letter dated September 13, 2012, the Commissioner received a complaint filed by the Connecticut resident referred to in paragraph 15 above concerning NLA’s failure to perform or successfully complete the services specified in the Service/Retainer Agreement. On October 23, 2012, NLA refunded $1,081 to such Connecticut resident. | ||
| 18. | On October 5, 2012, another Connecticut resident entered into a Service/Retainer Agreement with NLA, in which the Connecticut resident engaged the services of NLA in connection with negotiating a possible mitigation of such Connecticut resident’s current home loan situation. | ||
| 19. | In connection with the Service/Retainer Agreement, the Connecticut resident referred to in paragraph 18 above made payments to NLA totaling $4,839, which amount is in excess of amounts that debt negotiators may charge for services pursuant to the Schedule of Maximum Fees. | ||
| 20. | On April 22, 2013, the Commissioner received a complaint filed by the Connecticut resident referred to in paragraph 18 above concerning NLA’s failure to perform or successfully complete the services specified in the Service/Retainer Agreement. | ||
| 21. | At no time relevant hereto has NLA been licensed to engage or offer to engage in debt negotiation in this state, nor did NLA qualify for an exemption from such licensure. | ||
| 22. | On April 12, 2012, two Connecticut residents executed a Borrower’s Certification and Authorization Certification to engage the services of R.M.A. in connection with negotiating a possible mitigation of such Connecticut residents’ current home loan situation. | ||
| 23. | In connection with such Borrower’s Certification and Authorization Certification, the Connecticut residents referred to in paragraph 22 above made payments to R.M.A. totaling $2,800, which amount is in excess of amounts that debt negotiators may charge for services pursuant to the Schedule of Maximum Fees. | ||
| 24. | On March 14, 2013, the Commissioner received a complaint filed by the Connecticut resident referred to in paragraph 22 above concerning R.M.A.’s failure to perform or successfully complete the services specified in the Borrower’s Certification and Authorization Certification. | ||
| 25. | On May 30, 2012, a Connecticut resident entered into a Service/Retainer Agreement with R.M.A., in which the Connecticut resident engaged the services of R.M.A. in connection with negotiating a possible mitigation of such Connecticut resident’s current home loan situation. | ||
| 26. | In connection with the Service/Retainer Agreement, the Connecticut resident referred to in paragraph 25 above made payments to R.M.A. totaling $2,000, which amount is in excess of amounts that debt negotiators may charge for services pursuant to the Schedule of Maximum Fees. | ||
| 27. | On July 26, 2012, the Commissioner received a complaint filed by the Connecticut resident referred to in paragraph 25 above concerning R.M.A.’s failure to perform or successfully complete the services specified in the Service/Retainer Agreement. | ||
| 28. | By e-mail dated September 21, 2012, Rory Alarcon stated that the Connecticut resident referred to in paragraph 25 above would receive a refund of the payments made. Subsequently, on September 25 and October 22, 2012, R.M.A. refunded a total of $2,000 to the Connecticut resident. | ||
| 29. | On June 11, 2012, two Connecticut residents entered into a Borrowers Certification and Authorization Certification with R.M.A., in which the Connecticut residents engaged the services of R.M.A. in connection with negotiating a possible mitigation of such Connecticut residents’ current home loan situation. | ||
| 30. | In connection with such Borrowers Certification and Authorization Certification, the Connecticut residents referred to in paragraph 29 above made payments to R.M.A. totaling $2,814, which amount is in excess of amounts that debt negotiators may charge for services pursuant to the Schedule of Maximum Fees. | ||
| 31. | On October 9, 2012, the Commissioner received a complaint filed by the Connecticut residents referred to in paragraph 29 above concerning R.M.A.’s failure to perform or successfully complete the services specified in the Borrowers Certification and Authorization Certification. Alarcon, on behalf of R.M.A., refunded the $2,814 to such Connecticut residents. | ||
| 32. | On April 4, 2012, a Connecticut resident executed a Borrower’s Certification and Authorization Certification to engage the services of R.M.A. in connection with negotiating a possible mitigation of such Connecticut resident’s current home loan situation. | ||
| 33. | In connection with such Borrowers Certification and Authorization Certification, the Connecticut resident referred to in paragraph 32 above made payments to R.M.A. totaling $2,800, which amount is in excess of amounts that debt negotiators may charge for services pursuant to the Schedule of Maximum Fees. | ||
| 34. | On March 28, 2013, the Commissioner received a complaint filed by the Connecticut resident referred to in paragraph 32 above concerning R.M.A.’s failure to perform or successfully complete the services specified in the Borrowers Certification and Authorization Certification. | ||
| 35. | At no time relevant hereto has R.M.A. been licensed to engage or offer to engage in debt negotiation in this state, nor did R.M.A. qualify for an exemption from such licensure. |
III. STATUTORY BASIS FOR ORDER TO CEASE AND DESIST, ORDER TO
MAKE RESTITUTION AND IMPOSITION OF CIVIL PENALTY
Section 36a-671 of the Connecticut General Statutes, in effect prior to October 1, 2011, provided, in pertinent part, that:
(a) As used in this section and sections 36a-671a to 36a-671d, inclusive, (1) “debt negotiation” means, for or with the expectation of a fee, commission or other valuable consideration, assisting a debtor in negotiating or attempting to negotiate on behalf of a debtor the terms of a debtor’s obligations with one or more mortgagees or creditors of the debtor . . . (2) “debtor” means any individual who has incurred indebtedness or owes a debt for personal, family or household purposes; (3) “mortgagee” means the original lender under a mortgage loan secured by residential property or its agents, successors or assigns; . . . (7) “residential property” means one-to-four family owner-occupied real property.
(b) No person shall engage or offer to engage in debt negotiation in this state without a license issued under this section for each location where debt negotiation will be conducted. . . . A person is engaging in debt negotiation in this state if such person: . . . (2) has a place of business located outside of this state and the debtor is a resident of this state who negotiates or agrees to the terms of the services contract in person, by mail, by telephone or via the Internet while physically present in this state; or (3) has its place of business located outside of this state and the contract concerns a debt that is secured by property located within this state.
Section 36a-671 of the Connecticut General Statutes provides, in pertinent part, that:
(a) As used in this section and sections 36a-671a to 36a-671d, inclusive, (1) “debt negotiation” means, for or with the expectation of a fee, commission or other valuable consideration, assisting a debtor in negotiating or attempting to negotiate on behalf of a debtor the terms of a debtor’s obligations with one or more mortgagees or creditors of the debtor . . . (2) “debtor” means any individual who has incurred indebtedness or owes a debt for personal, family or household purposes; . . . (4) “mortgagor” means a debtor who is an owner of residential property, including, but not limited to, a single-family unit in a common interest community, who is also the borrower under a mortgage encumbering such residential property . . . .
(b) No person shall engage or offer to engage in debt negotiation in this state without a license issued under this section for each location where debt negotiation will be conducted. . . . A person is engaging in debt negotiation in this state if such person: . . . (2) has a place of business located outside of this state and the debtor is a resident of this state who negotiates or agrees to the terms of the services in person, by mail, by telephone or via the Internet . . . .
Section 36a-671a(b) of the Connecticut General Statutes provides, in pertinent part, that:
Whenever it appears to the commissioner that any person has violated, is violating or is about to violate the provisions of sections 36a-671 to 36a-671e, inclusive, or any licensee or any proprietor, director, officer, member, partner, shareholder, trustee, employee or agent of such licensee has committed any fraud, misappropriated funds or failed to perform any agreement with a debtor, the commissioner may take action against such person . . . in accordance with sections 36a-50 and 36a-52. For purposes of sections 36a-671 to 36a-671e, inclusive, each engagement and each offer to engage in debt negotiation shall constitute a separate violation.
| 1. |
Alarcon’s engaging in debt negotiation in this state without obtaining the required license, as more fully described in paragraphs 1, 4, 5, 7 and 8 of the Matters Asserted, constitutes one violation of Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011. Such violation form the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes and impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes. Section 36a-50(a) of the Connecticut General Statutes authorizes the Commissioner to impose a civil penalty upon Alarcon in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation. |
| 2. |
NLA’s engaging in debt negotiation in this state without obtaining the required license, as more fully described in paragraphs 2 and 9 through 21, inclusive, of the Matters Asserted, constitutes four violations of Section 36a-671(b) of the Connecticut General Statutes. Such violations form the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes, and impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes. Section 36a-50(a) of the Connecticut General Statutes authorizes the Commissioner to impose a civil penalty upon NLA in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation. |
| 3. |
R.M.A.’s engaging in debt negotiation in this state without obtaining the required license, as more fully described in paragraphs 3 and 22 through 35, inclusive, of the Matters Asserted, constitutes four violations of Section 36a-671(b) of the Connecticut General Statutes. Such violations form the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes, and impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes. Section 36a-50(a) of the Connecticut General Statutes authorizes the Commissioner to impose a civil penalty upon R.M.A. in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation. |
IV. FINDING AND STATUTORY BASIS FOR
TEMPORARY ORDER TO CEASE AND DESIST
The Commissioner finds that public welfare requires immediate action to issue a temporary order requiring Respondents to cease and desist from violating Sections 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011, and Section 36a-671(b) of the Connecticut General Statutes, as applicable, and to take such action as set forth herein to effectuate the purposes of Section 36a-52(b) of the Connecticut General Statutes in that the interests of Connecticut residents are being materially prejudiced by Respondents’ engaging in debt negotiation in Connecticut while not being duly licensed and receiving monies in excess of the Schedule of Maximum Fees from Connecticut residents who are already struggling financially.
V. TEMPORARY ORDER TO CEASE AND DESIST, ORDER TO MAKE RESTITUTION,
NOTICE OF INTENT TO ISSUE ORDER TO CEASE AND DESIST,
NOTICE OF INTENT TO IMPOSE CIVIL PENALTY
AND NOTICE OF RIGHT TO HEARING
WHEREAS, the Commissioner has reason to believe that Respondents have engaged in acts or conduct which forms the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes, and impose a civil penalty upon each Respondent pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut to the General Statutes;
AND WHEREAS, the Commissioner has made the finding required under Section 36a-52(b) of the Connecticut General Statutes.
THE COMMISSIONER THEREFORE ORDERS, pursuant to Section 36a-52(b) of the Connecticut General Statutes, that Alarcon Law Group, P.C. immediately CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011. This Temporary Order to Cease and Desist shall become effective upon receipt by Alarcon Law Group, P.C., and, unless set aside or modified by a court, shall remain in effect until the effective date of a permanent order or dismissal of the matters asserted in this Temporary Order to Cease and Desist.
THE COMMISSIONER FURTHER ORDERS, pursuant to Section 36a-52(b) of the Connecticut General Statutes, that National Legal Associates Law Firm, P.A. a/k/a National Law Associates immediately CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes. This Temporary Order to Cease and Desist shall become effective upon receipt by National Legal Associates Law Firm, P.A. a/k/a National Law Associates, and, unless set aside or modified by a court, shall remain in effect until the effective date of a permanent order or dismissal of the matters asserted in this Temporary Order to Cease and Desist.
THE COMMISSIONER FURTHER ORDERS, pursuant to Section 36a-52(b) of the Connecticut General Statutes, that R.M.A. Legal Network a/k/a ATT Legal Network immediately CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes. This Temporary Order to Cease and Desist shall become effective upon receipt by R.M.A. Legal Network a/k/a ATT Legal Network, and, unless set aside or modified by a court, shall remain in effect until the effective date of a permanent order or dismissal of the matters asserted in this Temporary Order to Cease and Desist.
THE COMMISSIONER FURTHER ORDERS, pursuant to Sections 36a-17(a) and 36a-52(b) of the Connecticut General Statutes, that: Not later than fourteen (14) days from receipt of this Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing, Alarcon Law Group, P.C. shall provide to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov, a list of all Connecticut residents with whom Alarcon Law Group, P.C. has entered into agreements for debt negotiation services on and after October 1, 2009. Such submission shall include: (a) A copy of each agreement, and (b) a list of each debtor’s name and address and full itemization of each debtor’s payments made pursuant to the agreement, specifying the dates, amounts and to whom such payments were made.
THE COMMISSIONER FURTHER ORDERS, pursuant to Sections 36a-17(a) and 36a-52(b) of the Connecticut General Statutes, that: Not later than fourteen (14) days from receipt of this Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing, National Legal Associates Law Firm, P.A. a/k/a National Law Associates shall provide to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov, a list of all Connecticut residents with whom National Legal Associates Law Firm, P.A. a/k/a National Law Associates has entered into agreements for debt negotiation services on and after October 1, 2009. Such submission shall include: (a) A copy of each agreement, and (b) a list of each debtor’s name and address and full itemization of each debtor’s payments made pursuant to the agreement, specifying the dates, amounts and to whom such payments were made.
THE COMMISSIONER FURTHER ORDERS, pursuant to Sections 36a-17(a) and 36a-52(b) of the Connecticut General Statutes, that: Not later than fourteen (14) days from receipt of this Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing, R.M.A. Legal Network a/k/a ATT Legal Network shall provide to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov, a list of all Connecticut residents with whom R.M.A. Legal Network a/k/a ATT Legal Network has entered into agreements for debt negotiation services on and after October 1, 2009. Such submission shall include: (a) A copy of each agreement, and (b) a list of each debtor’s name and address and full itemization of each debtor’s payments made pursuant to the agreement, specifying the dates, amounts and to whom such payments were made.
THE COMMISSIONER FURTHER ORDERS, pursuant to Section 36a-50(c) of the Connecticut General Statutes, that Alarcon Law Group, P.C., MAKE RESTITUTION of any sums obtained as a result of Alarcon Law Group, P.C., violating Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011, plus interest at the legal rate set forth in Section 37-1 of the Connecticut General Statutes. Specifically, the Commissioner ORDERS that: Not later than thirty (30) days from the date this Order to Make Restitution becomes permanent, Alarcon Law Group, P.C. shall:
| 1. |
Repay $2,750 to the Connecticut resident identified in Exhibit A and repay to any other Connecticut residents who entered into an agreement for debt negotiation services with Alarcon Law Group, P.C., on and after October 1, 2009, any fees paid by such Connecticut resident to Alarcon Law Group, P.C., plus interest. Payments shall be made by cashier’s check, certified check or money order; and |
| 2. |
Provide to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov, evidence of such repayments. |
THE COMMISSIONER FURTHER ORDERS, pursuant to Section 36a-50(c) of the Connecticut General Statutes that National Legal Associates Law Firm, P.A. a/k/a National Law Associates MAKE RESTITUTION of any sums obtained as a result of National Legal Associates Law Firm, P.A. a/k/a National Law Associates violating Section 36a-671(b) of the Connecticut General Statutes, plus interest at the legal rate set forth in Section 37-1 of the Connecticut General Statutes. Specifically, the Commissioner ORDERS that: Not later than thirty (30) days from the date this Order to Make Restitution becomes permanent, National Legal Associates Law Firm, P.A. a/k/a National Law Associates shall:
| 1. |
Repay fees to the Connecticut residents and in the amounts identified in Exhibit B and repay to any other Connecticut residents who entered into an agreement for debt negotiation services with National Legal Associates Law Firm, P.A. a/k/a National Law Associates on and after October 1, 2009, any fees paid by such Connecticut resident to National Legal Associates Law Firm, P.A. a/k/a National Law Associates plus interest. Payments shall be made by cashier’s check, certified check or money order; and |
| 2. |
Provide to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov, evidence of such repayments. |
THE COMMISSIONER FURTHER ORDERS, pursuant to Section 36a-50(c) of the Connecticut General Statutes that R.M.A. Legal Network a/k/a ATT Legal Network MAKE RESTITUTION of any sums obtained as a result of R.M.A. Legal Network a/k/a ATT Legal Network violating Section 36a-671(b) of the Connecticut General Statutes, plus interest at the legal rate set forth in Section 37-1 of the Connecticut General Statutes. Specifically, the Commissioner ORDERS that: Not later than thirty (30) days from the date this Order to Make Restitution becomes permanent, R.M.A. Legal Network a/k/a ATT Legal Network shall:
| 1. |
Repay fees to the Connecticut residents and in the amounts identified in Exhibit C and repay to any other Connecticut residents who entered into an agreement for debt negotiation services with R.M.A. Legal Network a/k/a ATT Legal Network on and after October 1, 2009, any fees paid by such Connecticut resident to R.M.A. Legal Network a/k/a ATT Legal Network plus interest. Payments shall be made by cashier’s check, certified check or money order; and |
| 2. |
Provide to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov, evidence of such repayments. |
NOW THEREFORE, notice is hereby given to Alarcon, that the Commissioner intends to issue an order requiring Alarcon, to CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011, and impose a CIVIL PENALTY upon Alarcon, as set forth herein, subject to Alarcon’s right to a hearing on the allegations set forth above.
FURTHER, notice is hereby given to NLA that the Commissioner intends to issue an order requiring NLA to CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, and impose a CIVIL PENALTY upon NLA as set forth herein, subject to NLA’s right to a hearing on the allegations set forth above.
FURTHER, notice is hereby given to R.M.A. that the Commissioner intends to issue an order requiring R.M.A. to CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, and impose a CIVIL PENALTY upon R.M.A. as set forth herein, subject to R.M.A.’s right to a hearing on the allegations set forth above.
A hearing will be granted to each Respondent if a written request for a hearing is received by the Department of Banking, Consumer Credit Division, 260 Constitution Plaza, Hartford, Connecticut 06103-1800 within fourteen (14) days following each Respondent’s receipt of this Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing as set forth in Section 36a-52(a) and subsections (a) and (c) of Section 36a-50 of the Connecticut General Statutes. This Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing shall be deemed received on the earlier of the date of actual receipt, or seven days after mailing or sending. The enclosed Appearance and Request for Hearing Form must be completed and mailed to the above address. If any Respondent will not be represented by an attorney at the hearing, please complete the Appearance and Request for Hearing Form as “pro se”. Once a written request for a hearing is received, the Commissioner may issue a notification of hearing and designation of hearing officer that acknowledges receipt of a request for a hearing, designates a hearing officer and sets the date of the hearing in accordance with Section 4-177 of the Connecticut General Statutes and Section 36a-1-21 of the Regulations of Connecticut State Agencies. If a hearing is requested, the hearing will be held on September 24, 2013, at 10 a.m., at the Department of Banking, 260 Constitution Plaza, Hartford, Connecticut.
The hearing will be held in accordance with the provisions of Chapter 54 of the Connecticut General Statutes, unless any Respondent fails to appear at the requested hearing. At such hearing, Respondents will have the right to appear and present evidence, rebuttal evidence and argument on all issues of fact and law to be considered by the Commissioner.
If Alarcon does not request a hearing within the time period prescribed or fails to appear at any hearing, the Order to Make Restitution shall remain in effect and become permanent against Alarcon, and the Commissioner will issue an order that Alarcon cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Alarcon.
If NLA does not request a hearing within the time period prescribed or fails to appear at any hearing, the Order to Make Restitution shall remain in effect and become permanent against NLA, and the Commissioner will issue an order that NLA cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon NLA.
If R.M.A. does not request a hearing within the time period prescribed or fails to appear at any hearing, the Order to Make Restitution shall remain in effect and become permanent against R.M.A., and the Commissioner will issue an order that R.M.A. cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon R.M.A.
So ordered at Hartford, Connecticut
this 27th of June 2013. ________/s/_________
Howard F. Pitkin
Banking Commissioner
CERTIFICATION
I hereby certify that on this 28th day of June 2013, the foregoing Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing was sent by certified mail, return receipt requested, to Alarcon Law Group, P.C., 2758 Middle Country Road, Suite 202A, Lake Grove, New York 11755, certified mail no. 70123050000216929584; to National Legal Associates Law Firm, P.A. a/k/a National Law Associates, 1924 9th Street, Suite E, St. Petersburg, Florida 33704, certified mail no. 70123050000216929591; and to R.M.A. Legal Network a/k/a ATT Legal Network, 4250 Veterans Highway, Suite 2010W, Holbrook, New York 11741, certified mail no. 70123050000216929607.
________/s/_________
Doniel Kitt
Prosecuting Attorney