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NOTICE OF INTENT TO ISSUE AND NOTICE OF RIGHT TO HEARING |
I. LEGAL AUTHORITY AND JURISDICTION
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”).
Pursuant to the authority granted by Section 36a-17(a) of the Connecticut General Statutes, the Commissioner, through the Consumer Credit Division (“Division”) of the Department of Banking, has conducted an examination of Respondent to determine if it has violated, is violating or is about to violate the provisions of the Connecticut General Statutes or Regulations within the jurisdiction of the Commissioner.
Section 36a-17(a) of the Connecticut General Statutes provides, in pertinent part, that:
The commissioner, in the commissioner’s discretion, may . . . (1) make such public or private investigations or examinations within or outside this state, concerning any person subject to the jurisdiction of the commissioner, as the commissioner deems necessary to carry out the duties of the commissioner . . . .
Subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes provides, in pertinent part, that:
(a) The commissioner may . . . revoke . . . any license issued by the commissioner under any provision of the general statutes by sending a notice to the licensee by registered or certified mail, return receipt requested, or by any express delivery carrier that provides a dated delivery receipt. The notice shall be deemed received by the licensee on the earlier of the date of actual receipt or seven days after mailing or sending. Any such notice shall include: (1) A statement of the time, place, and nature of the hearing; (2) a statement of the legal authority and jurisdiction under which the hearing is to be held; (3) a reference to the particular sections of the general statutes, [or] regulations . . . involved; (4) a short and plain statement of the matters asserted; and (5) a statement indicating that the licensee may file a written request for a hearing on the matters asserted within fourteen days of receipt of the notice. If the commissioner finds that public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in the notice, the commissioner may order summary suspension of a license in accordance with subsection (c) of section 4-182 and require the licensee to take or refrain from taking such action as in the opinion of the commissioner will effectuate the purposes of this section, pending proceedings for . . . revocation . . . .
(b) If a hearing is requested within the time specified in the notice, the commissioner shall hold a hearing upon the matters asserted in the notice unless the licensee fails to appear at the hearing. After the hearing, the commissioner shall . . . revoke . . . the license for any reason set forth in the applicable licensing provisions of the general statutes if the commissioner finds sufficient grounds exist for such . . . revocation . . . . If the licensee does not request a hearing within the time specified in the notice or fails to appear at the hearing, the commissioner shall . . . revoke . . . the license. No such license shall be . . . revoked except in accordance with the provisions of chapter 54.
Section 36a-52 of the Connecticut General Statutes provides, in pertinent part, that:
(a) Whenever it appears to the commissioner that any person has violated, is violating or is about to violate any provision of the general statutes within the jurisdiction of the commissioner, or any regulation . . . adopted . . . thereunder, the commissioner may send a notice to such person by registered or certified mail, return receipt requested, or by any express delivery carrier that provides a dated delivery receipt. The notice shall be deemed received by the person on the earlier of the date of actual receipt, or seven days after mailing or sending. Any such notice shall include: (1) A statement of the time, place, and nature of the hearing; (2) a statement of the legal authority and jurisdiction under which the hearing is to be held; (3) a reference to the particular sections of the general statutes [or] regulations . . . alleged to have been violated; (4) a short and plain statement of the matters asserted; and (5) a statement indicating that such person may file a written request for a hearing on the matters asserted within fourteen days of receipt of the notice. If a hearing is requested within the time specified in the notice, the commissioner shall hold a hearing upon the matters asserted in the notice, unless the person fails to appear at the hearing. After the hearing, the commissioner shall determine whether an order to cease and desist should be issued against the person named in the notice. If the person does not request a hearing within the time specified in the notice or fails to appear at the hearing, the commissioner shall issue an order to cease and desist against the person. No such order shall be issued except in accordance with the provisions of chapter 54.
(b) If the commissioner finds that the public welfare requires immediate action, the commissioner may incorporate a finding to that effect in the notice sent in accordance with subsection (a) of this section and issue a temporary order requiring the person to cease and desist from the activity which constitutes such alleged violation and to take or refrain from taking such action as in the opinion of the commissioner will effectuate the purposes of this section. Such temporary order shall become effective on receipt and, unless set aside or modified by a court, shall remain in effect until the effective date of a permanent order or dismissal of the matters asserted in the notice.
Section 36a-50(a) of the Connecticut General Statutes provides, in pertinent part, that:
(1) Whenever the commissioner finds as the result of an investigation that any person has violated any provision of the general statutes within the jurisdiction of the commissioner, or any regulation . . . adopted . . . thereunder, the commissioner may send a notice to such person by registered or certified mail, return receipt requested, or by any express delivery carrier that provides a dated delivery receipt. The notice shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending. Any such notice shall include: (A) A statement of the time, place, and nature of the hearing; (B) a statement of the legal authority and jurisdiction under which the hearing is to be held; (C) a reference to the particular sections of the general statutes, [or] regulations . . . alleged to have been violated; (D) a short and plain statement of the matters asserted; (E) the maximum penalty that may be imposed for such violation; and (F) a statement indicating that such person may file a written request for a hearing on the matters asserted not later than fourteen days after receipt of the notice.
(2) If a hearing is requested within the time specified in the notice, the commissioner shall hold a hearing upon the matters asserted in the notice unless such person fails to appear at the hearing. After the hearing, if the commissioner finds that the person has violated any such provision, [or] regulation, . . . the commissioner may, in the commissioner’s discretion and in addition to any other remedy authorized by law, order that a civil penalty not exceeding one hundred thousand dollars per violation be imposed upon such person. If such person does not request a hearing within the time specified in the notice or fails to appear at the hearing, the commissioner may, as the facts require, order that a civil penalty not exceeding one hundred thousand dollars per violation be imposed upon such person.
(3) Each action undertaken by the commissioner under this subsection shall be in accordance with the provisions of chapter 54. . . .
Section 4-182(c) of the Connecticut General Statutes provides, in pertinent part, that:
If the agency finds that public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
II. MATTERS ASSERTED
| 1. | Respondent is an Ohio corporation with its main office at 871 Park Street, Columbus, Ohio. Respondent currently holds a license to act as a consumer collection agency in this state (No. 20687). |
| 2. | By letter dated May 21, 2012, the Division commenced an examination of Respondent. Pursuant to such examination, the Division requested various records from Respondent, including completion of a “Consumer Collection Agency Uniform Manager’s Questionnaire” (“Questionnaire”), policies and procedures used by Respondent in collections, and bank statements of client fund accounts. |
| 3. | Respondent is wholly-owned by the Thomas D. Schultz Trust (“TDS Trust”). The TDS Trust is an irrevocable trust created on October 26, 2001 by Thomas D. Schultz (“TDS”), Grantor for the benefit of Nicole R. Schultz, Trustee. At all relevant times hereto, Nicole R. Schultz has been the wife of TDS and President of Respondent. |
| 4. | TDS is a convicted felon. By Judgment dated October 8, 2002, which was subsequently amended on February 10, 2003, in the case of United States of America v. Thomas Daniel Schultz, United States District Court, Southern District of Ohio, TDS pled guilty to three felonies of the United States: (1) conspiracy to defraud the United States of America and the Internal Revenue Service of the Department of Treasury, in violation of 18 USC Section 371; (2) failing to disclose a foreign bank account, in violation of 31 USC Sections 5314 and 5322(b); and (3) obstruction of justice, in violation of 18 USC Section 1503. |
| 5. | On Respondent’s Renewal of Consumer Collection Agency License – Main Office application received by the Division on August 26, 2011 (“Application”), the only control person listed is Nicole Schultz. The instructions to the Application explain the term control person as, “[i]n the case of a corporation, association or trust, list the directors, principal officers, and authorized agent. . . . The intent is to capture the company’s leadership and not rely solely on the title of the individual”. However, during the examination, Respondent provided the following list of officers, principals, partners, owners, directors and 10% or greater stockholders: TDS Trust, Owner; Nicole Schultz, President; Ron Douglas, Vice President; Chet Groff, Chief Operating Officer, and Steve Morrison, Chief Financial Officer. |
| 6. | Also on the Application, Respondent answered “No” to Question 6(a) which asked, “[h]as the applicant . . . or any officer, director, trustee, principal employee, or shareholder owning ten percent or more of outstanding stock of the applicant (if the applicant is a corporation): (a) ever been convicted of or pled guilty or nolo contendere (“no contest”) in a domestic, foreign, or military court to any felony?” |
| 7. | Contrary to such disclosures, from at least March to October 2011, TDS was an officer and control person of Respondent. The examination revealed that TDS exercised control of Respondent’s nationwide sales operations as its “National Sales Manager” and was listed as such under the heading “Corporate Officers” in the collections manual used by Respondent’s staff, the “TekCollect Agent Guide and Workbook”. |
| 8. | When further questioned by examiners on TDS’ role with the company, on November 6, 2012, Respondent’s Chief Operating Officer stated, “Thomas Schultz does not have a position with TekCollect Inc. . . . Mr. Schultz is not and has never been an officer or director of TekCollect Inc. At one time, he was an employee of TekCollect Inc. but has resigned that position”. |
| 9. | The examination also revealed that Respondent utilized three different trust accounts for Connecticut debtor monies and commingled such monies with operational expenses. From at least January to April 2012, several outgoing transfers were made from at least one of these trust accounts for commissions to a sales and marketing affiliate owned and managed by TDS, payments to settle a previously issued judgment against an affiliate, and miscellaneous other expenses, including payments to a draw account of TDS. |
| 10. | On Respondent’s Application, in response to Question 6(g) which asked “[h]as the applicant . . . ever been the subject of proceedings in . . . consumer-initiated litigation or arbitration filed in connection with a financial services-related business . . . ?”, Respondent answered “No”. |
| 11. | Public records indicate that Respondent has been the subject of numerous lawsuits since August 26, 2011, alleging violations of the Fair Debt Collection Practices Act, including Orrick v. Tek-Collect, Inc., 1:12-cv-00464, filed February 23, 2012, in the United States District Court for the District of Colorado; Haarsma v. Tek-Collect Incorporated and Hamilton, 1:11-cv-01041, filed September 28, 2011, in the United States District Court, Western District of Michigan, Southern Division; and Velez v. Tek-Collect Incorporated and Nicole Schultz, 7:11-cv-00188, filed September 7, 2011, in the United States District Court, Eastern District of North Carolina, Southern Division. |
| 12. | Respondent failed to notify the Division of the change in information provided in its Application and during the examination, failed to inform the Division of such litigation initiated against Respondent and its President. On January 28, 2013, Respondent’s Chief Operating Officer, in response to Question 19(a) of the Questionnaire, which asked, “[h]as the institution or any officer, principal, partner, owner, director or employee been a defendant or been indicted in any criminal or civil litigation initiated during the past three (3) years?”, Respondent answered “No”. |
III. STATUTORY BASIS FOR REVOCATION OF CONSUMER
COLLECTION AGENCY LICENSE, ORDER TO CEASE AND DESIST
AND IMPOSITION OF CIVIL PENALTY
Section 36a-53a of the Connecticut General Statutes provides:
No person shall make or cause to be made orally or in any document filed with the commissioner or in any proceeding, investigation or examination under this title, any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect.
Section 36a-801(b)(1) of the Connecticut General Statutes provides, in pertinent part, that:
Any person desiring to act within this state as a consumer collection agency shall make a written application to the commissioner for such license in such form as the commissioner prescribes. . . . Each applicant shall furnish satisfactory evidence to the commissioner that the applicant is a person of good moral character and is financially responsible. If the commissioner is satisfied that such applicant is in all respects properly qualified and trustworthy and that the granting of such license is not against the public interest, the commissioner may issue to such applicant a license, in such form as the commissioner may adopt, to act within this state as a consumer collection agency. . . . To further the enforcement of this section and to determine the eligibility of any person holding a license, the commissioner may, as often as the commissioner deems necessary, examine the licensee’s books and records, and may, at any time, require the licensee to submit such a financial statement for the examination of the commissioner, so that the commissioner may determine whether the licensee is financially responsible to carry on a consumer collection agency business within the intents and purposes of sections 36a-800 to 36a-810, inclusive. . . . The . . . licensee shall notify the commissioner, in writing, of any change in the information provided in its initial application for a license or most recent renewal application for such license, as applicable, not later than ten business days after the occurrence of the event that results in such information becoming inaccurate. . . .
Section 36a-804 of the Connecticut General Statute provides, in pertinent part, that:
(a) The commissioner may . . . revoke . . . any license or take any other action, in accordance with the provisions of section 36a-51, for any reason which would be sufficient grounds for the commissioner to deny an application for a license under sections 36a-800 to 36a-810, inclusive, or if the commissioner finds that the licensee or any proprietor, director, officer, member, partner, shareholder, trustee, employee or agent of such licensee has done any of the following: (1) Made any material misstatement in the application; (2) committed any fraud or misrepresentation or misappropriated funds; or (3) violated any of the provisions of sections 36a-800 to 36a-810, inclusive, or of any regulations adopted pursuant thereto, or any other law or regulation applicable to the conduct of its business.
(b) Whenever it appears to the commissioner that any person has violated, is violating or is about to violate any of the provisions of sections 36a-800 to 36a-810, inclusive, or any regulation adopted pursuant thereto, or the licensee or any proprietor, director, officer, member, partner, shareholder, trustee, employee or agent of such licensee has committed any fraud, made any misrepresentation or misappropriated funds, the commissioner may take action against such person or licensee in accordance with sections 36a-50 and 36a-52.
Section 36a-805(a) of the Connecticut General Statutes provides, in pertinent part, that:
No consumer collection agency shall: . . . (9) refuse or fail to account for and remit to its clients all money collected which is not in dispute within sixty days from the last day of the month in which said money is collected; . . . [or] (12) commingle money collected for a creditor, claimant or forwarder with its own funds or use any part of a creditor’s, claimant’s or forwarder’s money in the conduct of its business . . . .
Section 36a-809-7(b) of the Regulations provides, in pertinent part, that:
Each consumer collection agency shall deposit funds received from debtors in a separate account which shall not be commingled with funds of the consumer collection agency or used in the conduct of the consumer collection agency’s business. Such account shall not be used for any purpose other than (1) the deposit of funds received from debtors, (2) the payment of such funds to creditors, and (3) the payment of earned fees to the consumer collection agency.
| 1. | Respondent’s statements to the Division indicating that its officers and principal employees have never been convicted of or pled guilty to a felony, and Respondent’s statement to the Division indicating that Respondent has never been a defendant in civil litigation during the past three years, as more fully described in paragraphs 4, 6, 7, 9, 11 and 12 of the Matters Asserted, constitutes making in a document filed with the Commissioner or in an investigation or examination statements which are, at the time and in light of the circumstances under which it is made, false or misleading in a material respect, in violation of Section 36a-53a of the Connecticut General Statutes. Such conduct constitutes sufficient grounds for the Commissioner to revoke Respondent’s license to act as a consumer collection agency in this state pursuant to Section 36a-804(a) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes, and forms the basis to issue an order to cease and desist pursuant to Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes, and to impose a civil penalty pursuant to Sections 36a-804(b) and 36a-50(a) of the Connecticut General Statutes. Section 36a-50(a) of the Connecticut General Statutes authorizes the Commissioner to impose a civil penalty upon Respondent in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation. |
| 2. | Respondent’s failure to notify the Commissioner of the change in information provided in its Application, as more fully described in paragraphs 5 and 10 through 12, inclusive, of the Matters Asserted, constitutes a violation of Section 36a-801(b)(1) of the Connecticut General Statutes. Such conduct constitutes sufficient grounds for the Commissioner to revoke Respondent’s license to act as a consumer collection agency in this state pursuant to Section 36a-804(a) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes, and forms the basis to issue an order to cease and desist pursuant to Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes, and to impose a civil penalty pursuant to Sections 36a-804(b) and 36a-50(a) of the Connecticut General Statutes. Section 36a-50(a) of the Connecticut General Statutes authorizes the Commissioner to impose a civil penalty upon Respondent in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation. |
| 3. | Respondent’s statements to the Division that Nicole Schultz is Respondent’s only control person and that TDS has never been an officer or director of Respondent, as more fully described in paragraphs 5, 7 and 8 of the Matters Asserted, constitutes making in a document filed with the Commissioner or in an investigation or examination statements which are, at the time and in light of the circumstances under which it is made, false or misleading in a material respect, in violation of Section 36a-53a of the Connecticut General Statutes. Such conduct constitutes sufficient grounds for the Commissioner to revoke Respondent’s license to act as a consumer collection agency in this state pursuant to Section 36a-804(a) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes, and forms the basis to issue an order to cease and desist pursuant to Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes, and to impose a civil penalty pursuant to Sections 36a-804(b) and 36a-50(a) of the Connecticut General Statutes. Section 36a-50(a) of the Connecticut General Statutes authorizes the Commissioner to impose a civil penalty upon Respondent in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation. |
| 4. | Respondent’s payment of monies from its Connecticut debtor trust accounts for sales commissions, payments to a draw account of TDS and settlement of a judgment, as more fully described in paragraph 9 of the Matters Asserted, constitute violations of Section 36a-805(a)(12) of the Connecticut General Statutes and Section 36a-809-7(b) of the Regulations. Such conduct constitutes sufficient grounds for the Commissioner to revoke Respondent’s license to act as a consumer collection agency in this state pursuant to Section 36a-804(a) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes, and forms the basis to issue an order to cease and desist pursuant to Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes, and to impose a civil penalty pursuant to Sections 36a-804(b) and 36a-50(a) of the Connecticut General Statutes. Section 36a-50(a) of the Connecticut General Statutes authorizes the Commissioner to impose a civil penalty upon Respondent in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation. |
| 5. | TDS’ felony conviction, as an officer or principal employee of Respondent, as more fully described in paragraphs 4 and 7 through 9, inclusive, of the Matters Asserted, is a basis for the Commissioner to deny an application for a consumer collection agency license pursuant to Section 36a-801(b)(1) of the Connecticut General Statutes, which constitutes sufficient grounds for the Commissioner to revoke Respondent’s consumer collection agency license pursuant to Section 36a-804(a) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes. |
IV. FINDINGS AND STATUTORY BASIS FOR TEMPORARY ORDER
TO CEASE AND DESIST AND ORDER OF SUMMARY SUSPENSION
The Commissioner finds that public safety and welfare imperatively require emergency action to summarily suspend Respondent’s license to act as a consumer collection agency in this state under Section 4-182(c) of the Connecticut General Statutes and finds that public welfare requires immediate action to issue a temporary order requiring Respondent to cease and desist from violating the laws and regulations cited herein, pursuant to Section 36a-52(b) of the Connecticut General Statutes, in that Respondent has commingled Connecticut debtor monies with operational expenses, made numerous statements to the Commissioner which were false or misleading in a material respect and concealed the significant role that TDS, a convicted felon, performs in Respondent’s operations, such that the continued operation of Respondent as a consumer collection agency in this state may adversely affect Connecticut residents.
V. TEMPORARY ORDER TO CEASE AND DESIST, ORDER OF SUMMARY SUSPENSION,
NOTICE OF INTENT TO REVOKE CONSUMER COLLECTION AGENCY
LICENSE, NOTICE OF INTENT TO ISSUE ORDER TO CEASE
AND DESIST, NOTICE OF INTENT TO IMPOSE CIVIL
PENALTY AND NOTICE OF RIGHT TO HEARING
AND WHEREAS, the Commissioner has made the findings required under Sections 36a-51(a), 4-182(c) and 36a-52(b) of the Connecticut General Statutes.
THE COMMISSIONER THEREFORE ORDERS, pursuant to the authority granted in Section 36a-52(b) of the Connecticut General Statutes, that Tek-Collect Incorporated d/b/a TekCollect immediately CEASE AND DESIST from further violations of Sections 36a-53a, 36a-801(b)(1) and 36a-805(a)(12) of the Connecticut General Statutes and Section 36a-809-7(b) of the Regulations. This Temporary Order to Cease and Desist shall become effective upon receipt by Tek-Collect Incorporated d/b/a TekCollect and, unless set aside or modified by a court, shall remain in effect until the effective date of a permanent order or dismissal of the matters asserted in this Temporary Order to Cease and Desist.
THE COMMISSIONER FURTHER ORDERS, pursuant to the authority granted in Sections 36a-51(a) and 36a-52(b) of the Connecticut General Statutes, that Tek-Collect Incorporated d/b/a TekCollect shall:
| 1. | Upon receipt of this Temporary Order to Cease and Desist, Tek-Collect Incorporated d/b/a TekCollect, and any and all officers, directors, trustees, principal employees, shareholders and agents acting on behalf of Tek-Collect Incorporated d/b/a TekCollect, shall immediately cease and desist from acting as a consumer collection agency in this state, provided that Tek-Collect Incorporated d/b/a TekCollect is permitted to perform the winding-down of its Connecticut consumer collection activities as provided herein; |
| 2. | No later than fourteen (14) days after receipt of this Temporary Order to Cease and Desist, Tek-Collect Incorporated d/b/a TekCollect shall perform a detailed accounting of all Connecticut debtor accounts, including but not limited to, names and addresses of Connecticut debtors and the amount of funds and fees collected from each debtor, and provide copies of such detailed accounting to: (a) all clients that currently have Connecticut debtor accounts placed with Tek-Collect Incorporated d/b/a TekCollect (“CT Clients”); and (b) Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov; |
| 3. | Upon receipt of this Temporary Order to Cease and Desist, Tek-Collect Incorporated d/b/a TekCollect shall notify all CT Clients of the existence of this Order and that Tek-Collect Incorporated d/b/a TekCollect’s consumer collection agency license in Connecticut has been summarily suspended, pending proceedings for revocation. Tek-Collect Incorporated d/b/a TekCollect shall provide evidence of such notification to Carmine Costa, Director, Consumer Credit Division, no later than fourteen (14) days after receipt of this Temporary Order to Cease and Desist; |
| 4. | Tek-Collect Incorporated d/b/a TekCollect shall immediately secure all records, files and documents relating to its consumer collection activity in Connecticut (collectively, “Records”). The Records shall be available to the Commissioner in their entirety upon request; |
| 5. | Tek-Collect Incorporated d/b/a TekCollect shall immediately remit all monies held in trust for CT Clients and any future monies received relating to Connecticut debtor accounts to CT Clients. No later than fourteen (14) days after the effective date of this Temporary Order to Cease and Desist, Tek-Collect Incorporated d/b/a TekCollect shall submit evidence of compliance with this paragraph to Carmine Costa, Director, Consumer Credit Division, including but not limited to, receipts confirming the transmittal of funds, check number of payments issued and an accounting of amounts paid to each CT Client; |
| 6. | Upon the effective date of this Temporary Order to Cease and Desist, Tek-Collect Incorporated d/b/a TekCollect shall not pay or declare any dividend, salary or bonus, nor otherwise authorize any other material distribution of Tek-Collect Incorporated d/b/a TekCollect’s assets to any officer, director or owner of such Tek-Collect Incorporated d/b/a TekCollect without the prior written approval of the Commissioner. Tek-Collect Incorporated d/b/a TekCollect shall implement or revise its practices and procedures, as necessary, to ensure that each Tek-Collect Incorporated d/b/a TekCollect’s financial books and records are accurately maintained, in a manner illustrating compliance with the provisions of this paragraph, and available for review by the Division’s examiners upon request; and |
| 7. | Tek-Collect Incorporated d/b/a TekCollect shall immediately place any unearned fees relating to consumer collection activity on Connecticut debtor accounts in a separate escrow account at a federally-insured bank, Connecticut credit union, federal credit union or out of state bank that maintains in this state a branch as defined in Section 36a-410 of the Connecticut General Statutes, and notify Carmine Costa, Director, Consumer Credit Division of the account number and location of such account. |
THE COMMISSIONER FURTHER ORDERS, pursuant to the authority granted in of Sections 36a-804(a), 36a-51(a) and 4-182(c) of the Connecticut General Statutes, that the license of Tek-Collect Incorporated d/b/a TekCollect to act as a consumer collection agency in this state be and is hereby SUMMARILY SUSPENDED pending proceedings for revocation.
FURTHER, notice is hereby given to Respondent that the Commissioner intends to REVOKE Respondent’s license to act as a consumer collection agency in this state, issue an order requiring Respondent to CEASE AND DESIST from violating Sections 36a-53a, 36a-801(b)(1) and 36a-805(a)(12) of the Connecticut General Statutes and Section 36a-809-7(b) of the Regulations, and impose a CIVIL PENALTY upon Respondent as set forth herein, subject to Respondent’s right to a hearing on the allegations set forth above.
A hearing will be granted to Respondent if a written request for a hearing is received by the Department of Banking, Consumer Credit Division, 260 Constitution Plaza, Hartford, Connecticut 06103-1800 within fourteen (14) days following Respondent’s receipt of this Temporary Order to Cease and Desist, Order of Summary Suspension, Notice of Intent to Revoke Consumer Collection Agency License, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing as set forth in Sections 36a-52(a) and 36a-50(a) and subsection (a) and (b) of Section 36a-51 of the Connecticut General Statutes. This Temporary Order to Cease and Desist, Order of Summary Suspension, Notice of Intent to Revoke Consumer Collection Agency License, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing shall be deemed received on the earlier of the date of actual receipt, or seven days after mailing or sending. The enclosed Appearance and Request for Hearing Form must be completed and mailed to the above address. If Respondent will not be represented by an attorney at the hearing, please complete the Appearance and Request for Hearing Form as “pro se”. Once a written request for a hearing is received, the Commissioner may issue a notification of hearing and designation of hearing officer that acknowledges receipt of a request for a hearing, designates a presiding officer and sets the date of the hearing in accordance with Section 4-177 of the Connecticut General Statutes and Section 36a-1-21 of the Regulations of Connecticut State Agencies. If a hearing is requested, the hearing will be held on July 10, 2013, at 10 a.m., at the Department of Banking, 260 Constitution Plaza, Hartford, Connecticut.
The hearing will be held in accordance with the provisions of Chapter 54 of the Connecticut General Statutes, unless Respondent fails to appear at the requested hearing. At such hearing, Respondent will have the right to appear and present evidence, rebuttal evidence and argument on all issues of fact and law to be considered by the Commissioner.
If Respondent does not request a hearing within the time prescribed, the Commissioner will issue an order revoking Respondent’s license to act as a consumer collection agency in this state, issue an order that Respondent cease and desist from violating Sections 36a-53a, 36a-801(b)(1) and 36a-805(a)(12) of the Connecticut General Statutes and Section 36a-809-7(b) of the Regulations, and may order a civil penalty not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Respondent.
Dated at Hartford, Connecticut
this 1st day of May 2013. ________/s/_________
Howard F. Pitkin
Banking Commissioner
CERTIFICATION
I hereby certify that on this 1st day of May 2013, the foregoing Temporary Order to Cease and Desist, Order of Summary Suspension, Notice of Intent to Revoke Consumer Collection Agency License, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing was sent by certified mail, return receipt requested, to Tek-Collect Incorporated d/b/a TekCollect, Attention: Nicole Schultz, President, 871 Park Street, Columbus, Ohio 43215, certified mail no. 70110470000225729717; and Tek-Collect Incorporated d/b/a TekCollect, Attention: Nicole Schultz, President, P.O. Box 1269, Columbus, Ohio 43216, certified mail no. 70121010000173171840.
________/s/_________
Stacey L. Serrano
Prosecuting Attorney