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IN THE MATTER OF: JAMES F. BARKER INDEPENDENT RESCORE DELETING YOUR DEBTS (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, 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, as a result of such investigation, on July 2, 2013, the Commissioner, acting pursuant to Section 36a-671a(b), subsections (a) and (b) of Section 36a-52, and subsections (a) and (c) of Section 36a-50 of the Connecticut General Statutes, issued a 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 against Respondents (collectively, “Notice”), which Notice is incorporated herein by reference;
WHEREAS, the Notice alleged that Respondents engaged or offered to engage in debt negotiation in this state without obtaining the required license, in violation of Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011;
WHEREAS, on July 2, 2013, the Notice was sent to Respondents by certified mail, return receipt requested;
WHEREAS, on July 18, 2013, Respondents requested a hearing, which hearing is currently scheduled for November 14, 2013;
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 Notice and set forth herein;
WHEREAS, Respondents voluntarily agree 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 allegation contained in the Notice and set forth herein;
WHEREAS, Respondents agree that the Notice may be used in construing the terms of this Consent Order and agrees to the language of this Consent Order;
WHEREAS, Respondents represent that they have refunded the fees paid by the Connecticut resident identified in Exhibit A and no other Connecticut resident has retained Respondents for debt negotiation services since October 1, 2009;
WHEREAS, Respondents specifically assure the Commissioner that the violation contained in the Notice and set forth herein shall not occur in the future;
AND WHEREAS, Respondents, through their execution of this Consent Order, voluntarily agree to waive their procedural rights, including an opportunity for hearing as it pertains to the allegation 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, each Respondent, through their execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:
| 1. | Respondents shall immediately cease and desist from engaging or offering to engage in debt negotiation in Connecticut without a license, in violation of Section 36a-671(b) of the Connecticut General Statutes; and |
| 2. | No later than the date this Consent Order is executed by Respondents, Respondents shall: (a) repay all fees paid to Respondents by Connecticut residents for debt negotiation services since October 1, 2009, by cashier’s check, certified check or money order, and (b) provide satisfactory evidence of such repayment to: Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov. |
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 Respondents based upon the allegation contained herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Respondents 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 Respondents and reflected herein is subsequently discovered to be untrue; and |
| 3. | This Consent Order shall become final when issued. |
Issued at Hartford, Connecticut
this 18th day of December 2013. ________/s/_________
Howard F. Pitkin
Banking Commissioner
I, James F. Barker, 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 sanctions entered and terms and conditions ordered herein; 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.
By: ________/s/_________
James F. Barker
State of: ______________________
County of: ____________________
On this the _______ day of October 2013, before me ____________________________________, the undersigned officer, personally appeared James F. Barker 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.
________________________
Notary Public
Date Commission Expires:
I, ________________________________, state on behalf of Independent Rescore Systems, 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 Independent Rescore Systems, Inc.; that Independent Rescore Systems, Inc., agrees freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that Independent Rescore Systems, 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: J Barker
Title: COO
Independent Rescore Systems, Inc.
State of: ______________________
County of: ____________________
On this the _______ day of October 2013, before me, ____________________________________, the undersigned officer, personally appeared _________________________ who acknowledged himself/herself to be the ___________________ of Independent Rescore Systems, Inc., a corporation, and that he/she as such ___________________, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself as ___________________ of Independent Rescore Systems, Inc.
In witness whereof I hereunto set my hand.
________________________
Notary Public
My Commission expires:
I, ________________________________, state on behalf of Deleting Your Debts Company, Inc. a/k/a Deleting Your Debts, 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 Deleting Your Debts Company, Inc. a/k/a Deleting Your Debts, Inc.; that Deleting Your Debts Company, Inc. a/k/a Deleting Your Debts, Inc., agrees freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that Deleting Your Debts Company, Inc. a/k/a Deleting Your Debts, 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: J Barker
Title: COO
Deleting Your Debts Company, Inc.
a/k/a Deleting Your Debts, Inc.
State of: ______________________
County of: ____________________
On this the _______ day of October 2013, before me, ____________________________________, the undersigned officer, personally appeared _________________________ who acknowledged himself/herself to be the ___________________ of Deleting Your Debts Company, Inc. a/k/a Deleting Your Debts, Inc., a corporation, and that he/she as such ___________________, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself as ___________________ of Deleting Your Debts Company, Inc. a/k/a Deleting Your Debts, Inc.
In witness whereof I hereunto set my hand.
________________________
Notary Public
My Commission expires:
I, ________________________________, state on behalf of Intake Application Center, Inc. a/k/a Intake Application, 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 Intake Application Center, Inc. a/k/a Intake Application, Inc.; that Intake Application Center, Inc. a/k/a Intake Application, Inc., agrees freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that Intake Application Center, Inc. a/k/a Intake Application, Inc., voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
By: ________________________
Name: J Barker
Title:
Intake Application Center, Inc.
a/k/a Intake Application, Inc.
State of: ______________________
County of: ____________________
On this the _______ day of October 2013, before me, ____________________________________, the undersigned officer, personally appeared _________________________ who acknowledged himself/herself to be the ___________________ of Intake Application Center, Inc. a/k/a Intake Application, Inc., a corporation, and that he/she as such ___________________, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself as ___________________ of Intake Application Center, Inc. a/k/a Intake Application, Inc.
In witness whereof I hereunto set my hand.
________________________
Notary Public
My Commission expires: