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IN THE MATTER OF: HILL TOP COLLECTIONS, INC. |
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ORDER ACCEPTING SURRENDER |
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part XII of Chapter 669, Sections 36a-800 to 36a-810, inclusive, of the Connecticut General Statutes, “Consumer Collection Agencies”, and the regulations promulgated thereunder (Sections 36a-809-6 to 36a-809-17, inclusive, of the Regulations of Connecticut State Agencies) (“Regulations”);
WHEREAS, Respondent is a New York corporation with an office at 38 West. 32nd Street, Suite 1510, New York, New York (“New York Office”) that is licensed to act as a consumer collection agency in Connecticut from the New York Office for the October 1, 2011 through September 30, 2013 renewal period;
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation pursuant to Section 36a-17(a) of the Connecticut General Statutes into the activities of Respondent to determine if it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes or Regulations within the jurisdiction of the Commissioner;
WHEREAS, as a result of such investigation, on March 5, 2013, the Commissioner, acting pursuant to Sections 36a-802(b), 36a-52(b), 36a-804(a), 36a-804(a)(3), subsections (a) and (b) of Section 36a-51, 36a-804(b) and 36a-52(a) of the Connecticut General Statutes, issued a Notice of Automatic Suspension, Temporary Order to Cease and Desist, Notice of Intent to Revoke Consumer Collection License, Notice of Intent to Issue Order to Cease and Desist and Notice of Right to Hearing (collectively “Notice”) against Respondent, which Notice is incorporated herein by reference;
WHEREAS, the Notice alleged that Respondent’s failure to maintain a surety bond that runs concurrently with the period of its consumer collection agency license would constitute sufficient grounds for the Commissioner to deny an application for such license pursuant to Section 36a-802(a) of the Connecticut General Statutes and constitutes a violation of Section 36a-802(a) of the Connecticut General Statutes, both of which constitute sufficient grounds for the Commissioner to revoke Respondent’s license to act as a consumer collection agency in Connecticut from the New York Office pursuant to Sections 36a-804(a) and 36a-804(a)(3) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes, and forms a basis to issue an order to cease and desist against Respondent pursuant to Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes;
WHEREAS, on March 5, 2013, the Notice was mailed by certified mail, return receipt requested, to Respondent (Certified Mail No. 70121010000172645977);
WHEREAS, on March 11, 2013, Respondent received the Notice, and no request for a hearing was received by the Commissioner;
WHEREAS, on March 18, 2013, Respondent or Respondent’s authorized agent surrendered Respondent’s consumer collection agency license in Connecticut by certified mail to the Commissioner;
AND WHEREAS, Section 36a-51(c) of the Connecticut General Statutes provides, in pertinent part, that “[a]ny licensee may surrender any license issued by the commissioner under any provision of the general statutes by surrendering the license to the commissioner in person or by registered or certified mail . . . . If, prior to receiving the license, . . . the commissioner has instituted a proceeding to . . . revoke . . . such license, such surrender . . . will not become effective except at such time and under such conditions as the commissioner by order determines”.
NOW THEREFORE, the Commissioner ORDERS the following:
1. | Upon issuance of this Order Accepting Surrender, the surrender of the license of Hill Top Collections, Inc. d/b/a HTC to act as a consumer collection agency in Connecticut from 38 West. 32nd Street, Suite 1510, New York, New York shall become effective; no additional conditions are herein imposed in connection with such surrender; |
2. | Upon issuance of this Order Accepting Surrender, this matter will be resolved and the Commissioner will not take any future enforcement action against Hill Top Collections, Inc. d/b/a HTC upon any allegation contained in the Notice and set forth herein; |
3. | This Order Accepting Surrender shall become final when issued. |
Issued at Hartford, Connecticut
this 27th day of March 2013. ________/s/_________
Howard F. Pitkin
Banking Commissioner
This Order was mailed by certified mail,
return receipt requested, to Respondent
on March 28, 2013.
Hill Top Collections, Inc. Certified Mail No. 7011 0470 0002 2572 9663
d/b/a HTC
Attention: Madeline Zeitlin
38 West. 32nd Street, Suite 1510
New York, New York 10001