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* * * * * * * * * * * * * * * * * * * * * IN THE MATTER OF: HOVG, LLC ("Respondent") * * * * * * * * * * * * * * * * * * * * * |
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ORDER TO MAKE RESTITUTION NOTICE OF INTENT TO REVOKE NOTICE OF INTENT TO ISSUE AND NOTICE OF RIGHT TO HEARING |
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 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 of the Connecticut General Statutes, the Commissioner, through the Consumer Credit Division (“Division”) of the Department of Banking, has investigated the activities 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, subject to the provisions of section 36a-21 and the Freedom of Information Act, as defined in section 1-200; (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, (2) require or permit any person to testify, produce a record or file a statement in writing, under oath, or otherwise as the commissioner determines, as to all the facts and circumstances concerning the matter to be investigated or about which an action or proceeding is pending . . . .
Section 36a-51 of the Connecticut General Statutes provides, in pertinent part, that:
(a) The commissioner may . . . revoke or refuse to renew 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. . . .
(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 or refuse to renew 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 or refusal to renew. 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 or refuse to renew the license. No such license shall be suspended or revoked except in accordance with the provisions of chapter 54.
Section 36a-52(a) of the Connecticut General Statutes provides, in pertinent part, that:
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.
Section 36a-50 of the Connecticut General Statutes provides, in pertinent part, that:
(a)(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. . . .
(c) 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 . . . under said provisions, the commissioner may, in addition to any other remedy authorized by law, order such person to (1) make restitution of any sums shown to have been obtained in violation of any such provision, [or] regulation . . . plus interest at the legal rate set forth in section 37-1 . . . . After the commissioner issues such an order, the person named in the order may, not later than fourteen days after the receipt of such order, file a written request for a hearing. The order 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 hearing shall be held in accordance with the provisions of chapter 54.
II. MATTERS ASSERTED
| 1. | Respondent is a Nevada limited liability company with its main office at 1000 Abernathy Road NE, Suite 195, Atlanta, Georgia, and a branch office at Third Floor, Sharada Arcade, Pune Satara Road, Maharashtra, India. |
| 2. | Respondent currently holds licenses to act as a consumer collection agency in this state (Nos. 20420 and 19346) from the locations referenced in paragraph 1 above. |
| 3. | On March 2, 2012, Respondent surrendered its license to act as a consumer collection agency in this state from 1901 West 10th Street, Antioch, California (“Antioch Address”). |
| 4. | During the course of an examination of Respondent, an examiner with the Division requested copies of collection letters currently being used by Respondent. On March 27, 2012, Respondent provided to the Division copies of collection letters which had the Antioch Address on its header. |
| 5. | During the course of its investigation of Respondent, the Division received a copy of a letter dated January 15, 2013, that Respondent sent to a Connecticut debtor, which contained the Antioch Address. |
| 6. | The January 15, 2013 letter, referred to in paragraph 5 above, also reflected that $40.41 in interest had been added to the Connecticut debtor’s balance. However, the contract between the consumer debtor and the creditor did not show that the consumer debtor was contractually liable for such interest. |
| 7. | A review of Respondent’s books and records during the course of the Division’s examination revealed a large number of outstanding checks representing funds that Respondent had not remitted to its clients within sixty (60) days from the last day of the month in which the funds were collected. |
| 8. | A review of Respondent’s books and records during the course of the Division’s examination revealed that Respondent failed to have sufficient funds in its client trust accounts to cover outstanding remittances to clients. |
| 9. | On August 30, 2013, Respondent filed an application with the Commissioner for Renewal of Consumer Collection Agency License – Main Office and an application for Renewal of Consumer Collection Agency License – Branch (collectively, “Renewal Applications”). |
| 10. | On November 19, 2013, the Division sent a letter by certified mail, return receipt requested, to Respondent, pursuant to Section 4-182(c) of the Connecticut General Statutes (“Compliance Letter”), giving Respondent an additional opportunity to provide satisfactory responses to exceptions that were cited in the August 30, 2012 Report of Examination resulting from the examination referenced in paragraph 4 above, which Compliance Letter is incorporated herein by reference. The Compliance Letter gave Respondent an opportunity to show compliance with all lawful requirements for the retention of its consumer collection agency licenses. On December 5, 2013, the Commissioner received a response to the Compliance Letter, but was not persuaded by such response. |
III. STATUTORY BASIS FOR ORDER TO MAKE RESTITUTION, REVOCATION
AND REFUSAL TO RENEW CONSUMER COLLECTION AGENCY
LICENSES, ORDER TO CEASE AND DESIST
AND IMPOSITION OF CIVIL PENALTY
(c) No person licensed to act within this state as a consumer collection agency shall do so under any other name or at any other place of business than that named in the license. Any change of location of a place of business of a licensee shall require prior written notice to the commissioner.
(1) The collection of any amount, including any interest, fee, charge or expense incidental to the principal obligation, that is not expressly authorized by the agreement creating the debt or permitted by law.
| 1. | Respondent’s conduct, as more fully described in paragraphs 3 through 5, inclusive, of the Matters Asserted, constitutes a violation of Section 36a-801(c) of the Connecticut General Statutes in effect prior to October 1, 2013. Such violation constitutes sufficient grounds for the Commissioner to revoke and refuse to renew Respondent’s licenses to act as a consumer collection agency in this state pursuant to Section 36a-804(a)(3) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes, 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 conduct, as more fully described in paragraph 6 of the Matters Asserted, constitutes a violation of Section 36a-809-12(1) of the Regulations. Such violation constitutes sufficient grounds for the Commissioner to revoke and refuse to renew Respondent’s licenses to act as a consumer collection agency in this state pursuant to Section 36a-804(a)(3) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes, 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 conduct, as more fully described in paragraph 7 of the Matters Asserted, constitutes a violation of Section 36a-805(a)(9) of the Connecticut General Statutes in effect prior to October 1, 2013. Such violation constitutes sufficient grounds for the Commissioner to revoke and refuse to renew Respondent’s licenses to act as a consumer collection agency in this state pursuant to Section 36a-804(a)(3) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes, 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 conduct, as more fully described in paragraph 8 of the Matters Asserted, constitutes a violation of Section 36a-809-7(b) of the Regulations. Such violation constitutes sufficient grounds for the Commissioner to revoke and refuse to renew Respondent’s licenses to act as a consumer collection agency in this state pursuant to Section 36a-804(a)(3) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes, 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. | As a result of Respondent’s conduct, as more fully described in paragraphs 7 and 8 of the Matters Asserted, the Commissioner (1) is not satisfied that Respondent is in all respects properly qualified and trustworthy and that the granting of such licenses is not against the public interest or (2) has not received satisfactory proof that Respondent at that time of the filing of its Renewal Applications possessed the required qualifications for the licenses. Such lack of qualifications constitutes grounds to deny the Renewal Applications, and sufficient grounds for the Commissioner to revoke and refuse to renew Respondent’s licenses 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. |
ORDER TO MAKE RESTITUTION, NOTICE OF INTENT TO REVOKE
AND REFUSE TO RENEW CONSUMER COLLECTION AGENCY LICENSES,
NOTICE OF INTENT TO ISSUE ORDER TO CEASE AND DESIST,
NOTICE OF INTENT TO IMPOSE CIVIL PENALTY
AND NOTICE OF RIGHT TO HEARING
WHEREAS, the Commissioner has reason to believe that Respondent has engaged in acts or conduct which constitutes sufficient grounds for the Commissioner to issue an order to make restitution pursuant to Section 36a-50(c) of the Connecticut General Statutes, revoke and refuse to renew Respondent’s licenses to act as a consumer collection agency in this state pursuant to Sections 36a-804(a) and 36a-804(3) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes, forms a basis to issue an order to cease and desist against Respondent pursuant to Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes and impose a civil penalty upon Respondent pursuant to Sections 36a-804(b) and 36a-50(a) of the Connecticut General Statutes.
THE COMMISSIONER THEREFORE ORDERS, pursuant to Section 36a-50(c) of the Connecticut General Statutes, that HOVG, LLC d/b/a Bay Area Credit Service, LLC, MAKE RESTITUTION of any sums obtained as a result of HOVG, LLC d/b/a Bay Area Credit Service, LLC violating Section 36a-809-12 of the Regulations, plus interest at the legal rate set forth in Section 37-1 of the Connecticut General Statutes. Specifically, the Commissioner ORDERS that: Not later than thirty (30) days from the date this Order to Make Restitution becomes permanent, HOVG, LLC d/b/a Bay Area Credit Service, LLC shall:
| 1. | Promptly refund all charges and fees paid by Connecticut consumer debtors that could not be legally added to claims charged to such consumer debtors and provide to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov, evidence of such refunds; |
| 2. | Promptly waive any charges and fees added to Connecticut consumer debtors’ accounts that could not be legally added to such claim, which have not been paid by or collected from such consumer debtors and provide to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov, evidence of such adjustments; and |
| 3. | After making the refunds and adjustments described in paragraphs 1 and 2 of this section, promptly remit the balance of all funds, as appropriate, to creditors with respect to all accounts for which payment was not made as agreed and include any penalties, interest and related charges that may have been imposed due to late payments made by HOVG, LLC d/b/a Bay Area Credit Service, LLC, and provide to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov, evidence of such remittances. |
NOW THEREFORE, notice is hereby given to Respondent that the Commissioner intends to REVOKE and REFUSE TO RENEW Respondent’s licenses to act as a consumer collection agency in this state from 1000 Abernathy Road NE, Suite 195, Atlanta, Georgia, and Third Floor, Sharada Arcade, Pune Satara Road, Maharashtra, India, issue an order requiring Respondent to CEASE AND DESIST from violating Section 36a-801(c) of the Connecticut General Statutes in effect prior to October 1, 2013, and Section 36a-805(a)(9) of the Connecticut General Statutes and Sections 36a-809-12(1) and 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 Order to Make Restitution, Notice of Intent to Revoke and Refuse to Renew Consumer Collection Agency Licenses, 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 subsections (a) and (b) of Section 36a-51, Section 36a-52(a) and subsections (a) and (c) of Section 36a-50(a) of the Connecticut General Statutes. This Order to Make Restitution, Notice of Intent to Revoke and Refuse to Renew Consumer Collection Agency Licenses, 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 April 8, 2014, 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 or fails to appear at the hearing, the Order to Make Restitution shall remain in effect and become permanent against Respondent, and the Commissioner will issue an order revoking and refusing to renew Respondent’s licenses to act as a consumer collection agency in this state from 1000 Abernathy Road NE, Suite 195, Atlanta, Georgia, and Third Floor, Sharada Arcade, Pune Satara Road, Maharashtra, India, issue an order that Respondent cease and desist from violating Section 36a-801(c) of the Connecticut General Statutes in effect prior to October 1, 2013, and Section 36a-805(a)(9) of the Connecticut General Statutes and Sections 36a-809-12(1) and 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.
So ordered at Hartford, Connecticut
this 11th day of February 2014. ________/s/_________
Howard F. Pitkin
Banking Commissioner
CERTIFICATION
I hereby certify that on this 11th day of February 2014, the foregoing Order to Make Restitution, Notice of Intent to Revoke and Refuse to Renew Consumer Collection Agency Licenses, 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 HOVG, LLC d/b/a Bay Area Credit Service, LLC, Attention: Par Chadha, Managing Member, 1000 Abernathy Road NE, Suite 195, Atlanta, Georgia 30328, certified mail no. 70121010000173173479; and to HOVG, LLC d/b/a Bay Area Credit Service, LLC, Attention: Taylor Pensoneau, General Counsel, 1000 Abernathy Road NE, Suite 195, Atlanta, Georgia 30328, certified mail no. 70121010000173173486.
________/s/_________
Doniel Kitt
Prosecuting Attorney