Fairfield Connecticut Properties LLC CO

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IN THE MATTER OF:
FAIRFIELD CONNECTICUT
PROPERTIES, LLC
("Fairfield")

CHARLES WILSON
d/b/a CB WILSON
("Wilson")

(Collectively, "Respondents")

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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, Fairfield is a purported entity with an office at 1455 Southford Road, Suite D, Southbury, Connecticut;

WHEREAS, Wilson is an individual with an office at 1455 Southford Road, Suite D, Southbury, Connecticut;

WHEREAS, the Commissioner, through the Consumer Credit Division (“Division”) of the Department of Banking, conducted an investigation pursuant to Section 36a-17(a) of the Connecticut General Statutes 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 September 13, 2013, as a result of such investigation, the Commissioner, acting pursuant to Sections 36a-52(b), 36a 50(c), 36a-671a(b), 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued a Temporary Order to Cease and Desist, Order to Make Restitution (“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 (collectively “Order and Notice”) against Respondents, which Order and Notice is incorporated herein by reference;

WHEREAS, on September 16, 2013, the Order and Notice was sent by certified mail, return receipt requested, to Fairfield (Certified Mail No. 70020860000215459632) and to Wilson (Certified Mail No. 70020860000215459892);

WHEREAS, on September 18, 2013, each Respondent received the Order and Notice;

WHEREAS, on October 11, 2013, Respondents requested a hearing, which hearing is currently scheduled for January 21, 2014;

WHEREAS, the Commissioner alleged in the Order and Notice, with respect to the activity described therein, that each Respondent engaged in debt negotiation in this state without obtaining the required license, in violation of Section 36a-671(b) of the Connecticut General Statutes. Such violation 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 pursuant to Sections 36a 671a(b) and 36a-50(a) of the Connecticut General Statutes;

WHEREAS, as part of the Order to Make Restitution, the Commissioner ordered, pursuant to Section 36a-50(c) of the Connecticut General Statutes, that Respondents make restitution of any sums obtained as a result of each Respondent’s violation of 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 ordered that not later than thirty (30) days from the date the Order to Make Restitution becomes permanent, Respondents shall repay identified Connecticut residents $800 plus interest, and repay to any other Connecticut resident who entered into an agreement for debt negotiation services with Respondents on and after October 1, 2009, any fees paid by such resident plus interest, and provide evidence of such repayments to the Director of the Consumer Credit Division;

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 Respondents now desire to resolve the matters alleged in the Order and Notice and set forth herein;

WHEREAS, each Respondent voluntarily agrees to consent to the entry of the sanctions described below without admitting or denying any allegation contained in the Order and 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 Order and Notice and set forth herein;

WHEREAS, each Respondent herein represents that on or about January 15, 2013, each Respondent ceased and desisted from engaging and offering to engage in debt negotiation in this state;

WHEREAS, each Respondent agrees that the Order and Notice may be used in construing the terms of this Consent Order and agrees to the language of this Consent Order;

AND WHEREAS, Respondents, through their execution of this Consent Order, each voluntarily agrees to waive its or his procedural rights, including a right to a hearing as it pertains to the allegations contained in the Notice and set forth herein, and voluntarily waive their right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.

CONSENT TO ENTRY OF SANCTIONS

WHEREAS, Fairfield and Wilson, through their execution of this Consent Order, consent to the Commissioner’s entry of a Consent Order imposing the following sanctions:

1.	Fairfield and Wilson shall immediately cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes;
2.	No later than January 31, 2014, Fairfield and Wilson shall repay fees to the Connecticut residents in the amount identified in Exhibit A attached hereto, and shall provide Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov, evidence of such repayment;
3.	No later than the date Fairfield and Wilson execute this Consent Order, Fairfield and Wilson shall remit the total sum of Five Hundred Dollars ($500) to the Department as a civil penalty by cashier’s check, certified check or money order, made payable to “Treasurer, State of Connecticut”.

CONSENT ORDER

NOW THEREFORE, the Commissioner enters the following:

1.	The sanctions set forth above be and are 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 Fairfield and Wilson based upon the allegations contained in the Notice and Order and set forth herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Fairfield and Wilson 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 Fairfield and Wilson and reflected herein is subsequently discovered to be untrue;
3.	Upon issuance of this Consent Order by the Commissioner, and so long as Fairfield and Wilson comply with the terms of this Consent Order, nothing in the issuance of this Consent Order shall adversely affect the ability of Fairfield or Wilson to apply for or obtain renewal licenses under Sections 36a-671 to 36a-671e, inclusive, of the Connecticut General Statutes, contained in Part II of Chapter 669 of the Connecticut General Statutes; and
4.	This Consent Order shall become final when issued.

Issued at Hartford, Connecticut
this 2nd day of January 2014.

________/s/_________
Howard F. Pitkin
Banking Commissioner

I, Charles B. Wilson, state on behalf of Fairfield Connecticut Properties, LLC, 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 Fairfield Connecticut Properties, LLC; that Fairfield Connecticut Properties, LLC agrees freely and without threat or coercion of any kind to comply with the provisions of this Consent Order; and that Fairfield Connecticut Properties, LLC 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: Charles Wilson
                                                 Title:  President
                                                 Fairfield Connecticut Properties, LLC

State of: Connecticut

County of: New Haven

On this the 30th day of December 2013, before me, Richard R. O’Connor, the undersigned officer, personally appeared Charles B. Wilson, who acknowledged himself/herself to be the President of Fairfield Connecticut Properties, LLC, a member managed/manager managed limited liability company, and that he/she, as such President, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company by himself/herself as President.

In witness whereof I hereunto set my hand.

                                                       _________/s/_________
                                                       Notary Public
                                                       Date Commission Expires:  Apr. 30, 2018

I, Charles Wilson d/b/a CB Wilson, state that I have read the foregoing Consent Order; that I know and fully understand its contents; that I agree freely and without threat or coercion of any kind to comply with the provisions of this Consent Order; and that I voluntarily agree to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.

                                                       __________/s/________
                                                       Charles Wilson
                                                       d/b/a CB Wilson

State of: Connecticut

County of: New Haven

On this the 30th day of December 2013, before me, Richard R. O’Connor, the undersigned officer, personally appeared Charles B. Wilson, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained.

In witness whereof I hereunto set my hand.

                                                      _________/s/__________
                                                      Notary Public
                                                      Date Commission Expires: Apr. 30, 2018

Administrative Orders and Settlements

State of Connecticut Department of Banking