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IN THE MATTER OF: HOME LAW CENTER, LLC ("Home Law Center") |
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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, Home Law Center is a Florida limited liability company with an office at 351 South Cypress Road, Suite 300, Pompano Beach, Florida;
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation pursuant to Section 36a-17(a) of the 2012 Supplement to the General Statutes, as amended by Public Act 12-96, to determine if Home Law Center had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
WHEREAS, on January 31, 2013, the Commissioner, acting pursuant to Section 36a-50(c) of the Connecticut General Statutes, as amended by Public Act 12-96, Section 36a-671a(b) of the 2012 Supplement to the General Statutes, Section 36a-52(a) of the Connecticut General Statutes and Section 36a-50(a) of the Connecticut General Statutes, as amended by Public Act 12-96, issued an 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 “Notice”) against Home Law Center, which Notice is incorporated herein by reference;
WHEREAS, the Commissioner alleged in the Notice, with respect to the activity described therein, that Home Law Center’s offering to engage in debt negotiation in this state without obtaining the required license constitutes a violation of Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011, and Section 36a-671(b) of the 2012 Supplement to the General Statutes;
WHEREAS, the Commissioner also alleged in the Notice, with respect to the activity described therein, that Home Law Center’s engaging in debt negotiation in this state without obtaining the required license constitutes a violation of Section 36a-671(b) of the 2012 Supplement to the General Statutes;
WHEREAS, on February 4, 2013, the Notice was sent by certified mail, return receipt requested, to Home Law Center (Certified Mail No. 70112000000247315850) and to Home Law Center’s agent (Certified Mail No. 70112000000247315867);
WHEREAS, the Notice provided Home Law Center with the opportunity for a hearing, and stated that if a hearing was not requested within 14 days of its receipt, the Order to Make Restitution shall remain in effect and become permanent against Home Law Center, and the Commissioner would issue an order that Home Law Center 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 Home Law Center;
WHEREAS, on February 7, 2013, Home Law Center’s agent received the Notice, and on February 15, 2013, Home Law Center received the Notice;
WHEREAS, on February 12, 2013, Home Law Center requested for a hearing, which hearing is currently scheduled for March 27, 2013;
WHEREAS, as part of the Order to Make Restitution, the Commissioner ordered, pursuant to Section 36a-50(c) of the Connecticut General Statutes, as amended, that Home Law Center make restitution of any sums obtained as a result of Home Law Center violating Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011, and Section 36a-671(b) of the 2012 Supplement to the General Statutes, plus interest at the legal rate set forth in Section 37-1 of the Connecticut General Statutes and provide evidence of such repayments to the Director of the Consumer Credit Division;
WHEREAS, by letter dated July 17, 2012, Home Law Center represented that it had ceased and desisted from engaging in the business of debt negotiation in Connecticut;
WHEREAS, by letter dated February 13, 2013, Home Law Center provided proof of repayments made to Connecticut residents, and herein represents such repayments represent all fees that Home Law Center received from Connecticut residents who entered into an agreement for debt negotiation services with Home Law Center on and after October 1, 2009, plus interest;
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 Home Law Center now desire to resolve the matters alleged in the Notice and set forth herein;
WHEREAS, Home Law Center voluntarily agrees to consent to the entry 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, Home Law Center 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, Home Law Center, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to 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 SANCTIONS
WHEREAS, Home Law Center, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:
| 1. | Home Law Center shall immediately cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011, and Section 36a-671(b) of the 2012 Supplement to the General Statutes; and |
| 2. | No later than the date this Consent Order is executed by Home Law Center, Home Law Center shall remit to the Department of Banking by cashier’s check, certified check or money order, made payable to “Treasurer, State of Connecticut”, the sum of One Thousand Dollars ($1,000) as a civil penalty. |
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 Home Law Center based upon the allegations contained in the Notice 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 Home Law Center 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 Home Law Center and reflected herein is subsequently discovered to be untrue; |
| 3. | Upon issuance of this Consent Order by the Commissioner and so long as Home Law Center complies with the terms of this Consent Order, nothing in the issuance of this Consent Order shall adversely affect the ability of Home Law Center 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 27th day of March 2013. ________/s/_________
Howard F. Pitkin
Banking Commissioner
I, Irwin I. Skoller, state on behalf of Home Law Center, 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 Home Law Center, LLC; that Home Law Center, LLC agrees freely and without threat or coercion of any kind to comply with the provisions of this Consent Order; and that Home Law Center, 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: Irwin I. Skoller
Title: Member
Home Law Center, LLC
State of: Florida
County of: Palm Beach
On this the 22nd day of March 2013, before me, Sheila Lowenthal, the undersigned officer, personally appeared Irwin I. Skoller who acknowledged himself to be the Member of Home Law Center, LLC, a member managed/manager managed limited liability company, and that he as such _______________, 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 as Managing Member.
In witness whereof I hereunto set my hand.
_________/s/_________
Notary Public
Date Commission Expires: 6-9-14