* * * * * * * * * * * * * * * * * * * * * IN THE MATTER OF: EMORY ENTERPRISES, LLC ("Respondent") | * * * * * * * * * * * | ORDER REVOKING CONSUMER AND ORDER TO CEASE AND DESIST |
I. PRELIMINARY STATEMENT
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation of the activities of Respondent, pursuant to the authority granted by Section 36a-17(a) of the Connecticut General Statutes, as amended by Public Acts 14-7 and 14-89, to determine if Respondent 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, on July 9, 2014, the Commissioner, acting pursuant to Section 36a-802(b) of the 2014 Supplement to the General Statutes and Sections 36a-52(b), 36a-804(a), 36a-804(a)(3), subsections (a) and (b) of Section 36a-51 and Sections 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 Agency 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, on July 10, 2014, the Notice was sent by certified mail, return receipt requested, to Respondent (Certified Mail No. 70120470000147902259);
WHEREAS, the Notice provided Respondent with the opportunity for a hearing and stated that if a hearing was not requested within 14 days of its receipt, the Commissioner would issue an order revoking Respondent’s license to act as a consumer collection agency in Connecticut from 125 Lawrence Bell Drive, Williamsville, New York, and issue an order that Respondent cease and desist from violating Section 36a-802(a) of the 2014 Supplement to the General Statutes;
WHEREAS, on July 18, 2014, Respondent received the Notice and no request for a hearing has been received by the Commissioner;
WHEREAS, Section 36a-52(a) of the Connecticut General Statutes provides, in pertinent part, that “[i]f the person does not request a hearing within the time specified in the notice . . . , 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”;
II. FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. | The Commissioner finds that the matters asserted, as set forth in paragraphs 1 through 5, inclusive, of Section II of the Notice shall constitute findings of fact within the meaning of Section 4-180(c) of the 2014 Supplement to the General Statutes, and that the conclusions as set forth in Section III of the Notice shall constitute conclusions of law within the meaning of Section 4-180(c) of the 2014 Supplement to the General Statutes and Section 36a-1-52 of the Regulations of Connecticut State Agencies. |
2. | The Commissioner finds that Respondent has engaged in acts or conduct which, 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, constitutes sufficient grounds to revoke Respondent’s license to act as a consumer collection agency in Connecticut from 125 Lawrence Bell Drive, Williamsville, New York. |
3. | The Commissioner finds that Respondent has engaged in acts or conduct which, pursuant to Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes, forms the basis to issue an order to cease and desist against Respondent. |
4. | The Commissioner finds that the Notice was given in compliance with subsections (a) and (b) of Section 36a-51 and Sections 36a-52(a) and 4-177 of the Connecticut General Statutes. |
III. ORDER
Having read the record, I HEREBY ORDER, pursuant to Sections 36a-804(a) and 36a-804(a)(3), subsections (a) and (b) of Section 36a-51 and Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes, that:
1. | The license of Emory Enterprises, LLC d/b/a National Action Financial Services to act as a consumer collection agency in Connecticut from 125 Lawrence Bell Drive, Williamsville, New York, be and is hereby REVOKED; |
2. | Emory Enterprises, LLC d/b/a National Action Financial Services CEASE AND DESIST from violating Section 36a-802(a) of the 2014 Supplement to the General Statutes; and |
3. | This Order shall become effective when mailed. |
Dated at Hartford, Connecticut
this 14th day of August 2014.
________/s/_________
Howard F. Pitkin
Banking Commissioner
This order was sent by certified mail,
return receipt requested, to Respondent
on August 14, 2014.
Emory Enterprises, LLC Certified Mail No. 70120470000147896763
d/b/a National Action Financial Services
Attention: Randy Fischer
125 Lawrence Bell Drive
Williamsville, New York 14221
Emory Enterprises, LLC Certified Mail No. 70120470000147896770
d/b/a National Action Financial Services
Attention: Randy Fischer
P.O. Box 1717
Williamsville, New York 14231