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IN THE MATTER OF: CREATIVE MEDIA LAW OFFICES OF |
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CONSENT ORDER |
WHEREAS, 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”;
WHEREAS, Creative Media Consulting is a Utah corporation with an office at 789 East Bamberger Drive, Suite D, American Fork, Utah;
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking (“Division”), conducted an investigation pursuant to Section 36a-17(a) of the 2012 Supplement to the General Statues into the activities of Respondents to determine if they had violated, were violating or were about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
WHEREAS, on August 10, 2012, the Commissioner, acting pursuant to Section 36a-52(b) of the Connecticut General Statutes, Section 36a-671a(b) of the 2012 Supplement to the General Statutes, and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued a Temporary Order to Cease and Desist, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing (collectively “Notice”) against Respondents, which Notice is incorporated herein by reference;
WHEREAS, on August 10, 2012, the Notice was sent by certified mail, return receipt requested, to Creative Media Consulting (Certified Mail No. 70110470000225730133) and to Creative Media Consulting’s agent (Certified Mail No. 70110470000225730577);
WHEREAS, on August 10, 2012, the Notice was sent by certified mail, return receipt requested, to Herbert Davis (Certified Mail Nos. 70110470000225730140 and 70110470000225730157) and to Herbert Davis’ agent (Certified Mail No. 70110470000225730584);
WHEREAS, the Notice provided Respondents with the opportunity for a hearing, and stated that if a hearing was not requested by any Respondent within 14 days of each Respondent’s receipt, the Commissioner would issue an order that such Respondent cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011, may issue an order of repayment of fees, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon such Respondent;
WHEREAS, on September 7, 2012, Creative Media Consulting and its agent received the Notice and, on September 24, 2012, Creative Media Consulting requested a hearing, which hearing is currently scheduled for October 25, 2012;
WHEREAS, on August 13, 2012, Herbert Davis received the Notice sent by Certified Mail No. 70010470000225730157;
WHEREAS, on August 27, 2012, the Notice sent to Herbert Davis by Certified Mail No. 70110470000225730140 was returned to the Department marked “Return to Sender, Attempted – Not Known, Unable to Forward”;
WHEREAS, on August 27, 2012, the Notice sent to Herbert Davis’ agent by Certified Mail No. 70110470000225730584 was returned to the Department marked “Return to Sender, Attempted – Not Known, Unable to Forward”;
WHEREAS, on October 24, 2012, the Commissioner, acting pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes, and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued an Order to Cease and Desist, Order of Repayment of Fees and Order Imposing Civil Penalty against Herbert Davis;
WHEREAS, Section 4-177(c) of the Connecticut General Statutes and Section 36a-1-55(a) of the Regulations of Connecticut State Agencies provide that a contested case may be resolved by consent order, unless precluded by law;
WHEREAS, the Commissioner and Creative Media Consulting now desire to resolve the matters alleged in the Notice and set forth herein;
WHEREAS, Creative Media Consulting voluntarily agrees to consent to the entry of the sanctions described below without admitting or denying any allegation contained in the Notice and set forth herein and solely for the purpose of obviating the need for further formal administrative proceedings concerning the allegations contained in the Notice and set forth herein;
WHEREAS, Creative Media Consulting herein represents that as of September 25, 2012, Creative Media Consulting ceased and desisted from engaging or offering to engage in debt negotiation in this state;
WHEREAS, on September 24, 2012, the Division received a letter from Creative Media Consulting in which Creative Media Consulting represents that there was a total of one (1) Connecticut resident who had engaged the services of Creative Media Consulting and whom had paid Four Hundred Ninety-Seven Dollars ($497) to Creative Media Consulting. Creative Media Consulting further represents that Creative Media Consulting has refunded such amount to the Connecticut resident;
WHEREAS, Creative Media Consulting herein represents to the Commissioner that it is not currently aware of any additional Connecticut residents who had retained Creative Media Consulting for debt negotiation services from October 1, 2009 through the date that Creative Media Consulting executes this Consent Order;
WHEREAS, Creative Media Consulting specifically assures the Commissioner that the alleged violation contained in the Notice and set forth herein shall not occur in the future;
WHEREAS, Creative Media Consulting agrees that the Notice may be used in construing the terms of this Consent Order and agrees to the language of this Consent Order;
AND WHEREAS, Creative Media Consulting, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to a hearing as it pertains to the allegations contained in the Notice and set forth herein, and voluntarily waives its right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.
CONSENT TO ENTRY OF SANCTION
WHEREAS, Creative Media Consulting, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanction:
Creative Media Consulting shall immediately cease and desist from engaging or offering to engage in unlicensed debt negotiation activity in Connecticut, in violation of Section 36a-671(b) of the 2012 Supplement to the General Statutes.
CONSENT ORDER
NOW THEREFORE, the Commissioner enters the following:
| 1. | The Sanction set forth above be and is hereby entered; |
| 2. | Upon issuance of this Consent Order by the Commissioner, this matter will be resolved and the Commissioner will not take any future enforcement action against Creative Media Consulting based upon the allegations contained herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Creative Media Consulting based upon a violation of this Consent Order or the matters underlying its entry, if the Commissioner determines that compliance with the terms herein is not being observed or if any representation made by Creative Media Consulting and reflected herein is subsequently discovered to be untrue; and |
| 3. | This Consent Order shall become final when issued. |
Issued at Hartford, Connecticut
this 29th day of January 2013. ________/s/_________
Howard F. Pitkin
Banking Commissioner
I, Nathan Bailey, state on behalf of Creative Media Consulting Inc. d/b/a Debt Resolution Bailout / Plan B Consulting Group / Creative Media Consulting Inc., that I have read the foregoing Consent Order; that I know and fully understand its contents; that I am authorized to execute this Consent Order on behalf of Creative Media Consulting Inc. d/b/a Debt Resolution Bailout / Plan B Consulting Group / Creative Media Consulting Inc.; Creative Media Consulting Inc. d/b/a Debt Resolution Bailout / Plan B Consulting Group / Creative Media Consulting Inc., agrees freely and without threat or coercion of any kind to comply with the sanction entered and terms and conditions ordered herein; and that Creative Media Consulting Inc. d/b/a Debt Resolution Bailout / Plan B Consulting Group / Creative Media Consulting Inc., voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
By: ________/s/_________
Name: Nathan Bailey
Title: CEO
Creative Media Consulting Inc.
dba/Debt Resolution Bailout / Plan B Consulting
Group / Creative Media Consulting Inc.
State of: Utah
County of: Utah
On this the 22nd day of December 2012, before me, Todd Penovich, the undersigned officer, personally appeared Nathan Bailey, who acknowledged himself to be the CEO of Creative Media Consulting Inc. d/b/a Debt Resolution Bailout / Plan B Consulting Group / Creative Media Consulting Inc., and that he, as such CEO, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as CEO.
In witness whereof I hereunto set my hand.
_________/s/_________
Notary Public
Date Commission Expires: 6/6/16