| * * * * * * * * * * * * * * * * * * * * * * * IN THE MATTER OF: BENJAMIN WILLIAMS | * * * * * * * * * * * * * | CONSENT ORDER |
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part XII of Chapter 669, Sections 36a-800 to 36a-812, 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, Benjamin Williams is a New York corporation with an office at 5485 Expressway Drive North, Holtsville, New York. Benjamin Williams is not currently licensed to act as a consumer collection agency in Connecticut;
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, as amended by Public Acts 14-7 and 14-89, into the activities of Benjamin Williams to determine if it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
WHEREAS, as a result of such investigation, the Commissioner alleges that Benjamin Williams acted as a consumer collection agency in Connecticut without a consumer collection agency license, in violation of Section 36a-801(a) of the 2014 Supplement to the General Statutes;
WHEREAS, the Commissioner believes that such allegation would support the initiation of enforcement proceedings against Benjamin Williams, including proceedings to issue a cease and desist order against Benjamin Williams pursuant to Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes, and impose a civil penalty of up to one hundred thousand dollars ($100,000) per violation against Benjamin Williams pursuant to Sections 36a-804(b) and 36a-50(a) of the Connecticut General Statutes;
WHEREAS, initiation of such enforcement proceedings would constitute a “contested case” within the meaning of Section 4-166(4) of the Connecticut General Statutes, as amended by Public Act 14-187;
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, both the Commissioner and Benjamin Williams acknowledge the possible consequences of formal administrative proceedings, and Benjamin Williams voluntarily agrees to consent to the entry of the sanction imposed below without admitting or denying the allegation set forth herein, and solely for the purpose of obviating the need for formal administrative proceedings concerning the allegation set forth herein;
WHEREAS, Benjamin Williams herein represents to the Commissioner that it has not acted within this state as a consumer collection agency since February 28, 2014;
WHEREAS, Benjamin Williams specifically assures the Commissioner that the violation alleged herein shall not occur in the future;
AND WHEREAS, Benjamin Williams, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to notice and an opportunity for a hearing as it pertains to the allegation 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 SANCTION
WHEREAS, Benjamin Williams, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanction:
Benjamin Williams shall remit to the Department of Banking the sum of Five Thousand Dollars ($5,000) as a civil penalty in two installments by cashier’s check, certified check or money order made payable to “Treasurer, State of Connecticut” as follows: (a) the first payment of Two Thousand Five Hundred Dollars ($2,500) shall be remitted no later than the date this Consent Order is executed by Benjamin Williams; and (b) the second payment of Two Thousand Five Hundred Dollars ($2,500) shall be remitted no later than thirty (30) days following the date this Consent Order is executed by Benjamin Williams.
CONSENT ORDER
NOW THEREFORE, the Commissioner enters the following:
| 1. | The Sanction set forth above be and is 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 Benjamin Williams 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 Benjamin Williams 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 Benjamin Williams and reflected herein is subsequently discovered to be untrue; |
| 3. | Nothing in the issuance of this Consent Order shall adversely affect the ability of Benjamin Williams to apply for or obtain a license or renewal license under Part XII of Chapter 669, Sections 36a-800 to 36a-812 et seq., of the Connecticut General Statutes; and |
| 4. | This Consent Order shall become final when issued. |
Issued at Hartford, Connecticut
this 14th day of August 2014. _______/s/_________
Howard F. Pitkin
Banking Commissioner
I, William Mecca, state on behalf of Benjamin Williams Debt Collectors Inc. a/k/a Benjamin & Williams Credit Investigators, 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 Benjamin Williams Debt Collectors Inc. a/k/a Benjamin & Williams Credit Investigators, Inc.; that Benjamin Williams Debt Collectors Inc. a/k/a Benjamin & Williams Credit Investigators, Inc., agrees freely and without threat or coercion of any kind to comply with the sanction entered and terms and conditions ordered herein; and that Benjamin Williams Debt Collectors Inc. a/k/a Benjamin & Williams Credit Investigators, 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: William Mecca
Title: President
Benjamin Williams Debt Collectors Inc.
a/k/a Benjamin & Williams Credit Investigators, Inc.
State of: New York
County of: Suffolk
On this the 8th day of August 2014, before me, Vincent M. Lentini, the undersigned officer, personally appeared William Mecca who acknowledged himself/herself to be the President of Benjamin Williams Debt Collectors Inc. a/k/a Benjamin & Williams Credit Investigators, Inc., a corporation, 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 corporation by himself/herself as President.
In witness whereof I hereunto set my hand.
_________/s/_________
Notary Public
Date Commission Expires: 3/15/17