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 of the Department of Banking (“Department”), conducted an investigation of the activities of Respondents, 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 they had violated, were violating or were about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;

WHEREAS, on June 24, 2014, the Commissioner, acting pursuant to Sections 36a-56a(b), 36a-50(c), 36a-671a(b), 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued an Order to Make Restitution (“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 (collectively “Order and Notice”) against Respondents, which Order and Notice is incorporated herein by reference;

WHEREAS, on June 25, 2014, the Order and Notice was sent by certified mail, return receipt requested, to Financial Link (Certified Mail No. 70121010000172646905); to Financial Link’s registered agent (Certified Mail No. 70121010000172646936); to Miller (Certified Mail Nos. 70121010000172646912 and 70120470000147902167); and to De Navea (Certified Mail No. 70121010000172646929);

WHEREAS, the Order and Notice provided Financial Link with the opportunity for a hearing, and stated that if a hearing was not requested within 14 days of its receipt, the Order to Make Restitution shall remain in effect and become permanent against Financial Link and the Commissioner would issue an order that Financial Link cease and desist from violating Section 36a-56a(a) of the Connecticut General Statutes and Section 36a-671(b) of the Connecticut General Statutes, and may order a civil penalty in an amount as set forth therein;

WHEREAS, the Order and Notice provided Miller with the opportunity for a hearing, and stated that if a hearing was not requested within 14 days of its receipt, the Order to Make Restitution shall remain in effect and become permanent against Miller and the Commissioner would issue an order that Miller cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Miller;

WHEREAS, the Order and Notice provided De Navea with the opportunity for a hearing, and stated that if a hearing was not requested within 14 days of its receipt, the Order to Make Restitution shall remain in effect and become permanent against De Navea and the Commissioner would issue an order that De Navea cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon De Navea;

WHEREAS, on July 8, 2014, the Order and Notice sent to Financial Link by Certified Mail No. 70121010000172646905, and sent to De Navea by Certified Mail No. 70121010000172646929, were returned to the Department marked “Refused” and “Return to Sender – Not Deliverable as Addressed – Unable to Forward”;

WHEREAS, also on July 8, 2014, the Order and Notice sent to Miller by Certified Mail No. 70120470000147902167, and Financial Link’s registered agent by Certified Mail No. 70121010000172646936, were returned to the Department marked “Return to Sender – Attempted – Not Known – Unable to Forward”;

WHEREAS, on July 14, 2014, the Order and Notice sent to Miller by Certified Mail No. 70121010000172646912, was returned to the Department marked “Return to Sender – Attempted – Not Known – Unable to Forward”;

WHEREAS, Section 36a-52(a) of the Connecticut General Statutes provides, in pertinent part, that “[t]he notice shall be deemed received by the person on the earlier of the date of actual receipt, or seven days after mailing or sending”;

WHEREAS, Section 36a-50(a)(1) of the Connecticut General Statutes provides, in pertinent part, that “[t]he notice shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending”;

WHEREAS, Section 36a-50(c) of the Connecticut General Statutes provides, in pertinent part, that “[t]he order shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending”;

WHEREAS, Respondents failed to request a hearing within the prescribed time period;

WHEREAS, the Commissioner alleged in the Order and Notice, with respect to the activity described therein, that Financial Link’s offering debt negotiation services by a direct mailer to Connecticut residents that had the capacity or tendency to mislead Connecticut consumers as to Financial Link’s affiliation, connection or association with a bank constitutes at least one violation of Section 36a-56a(a) of the Connecticut General Statutes.  Each violation forms the basis to issue an order to cease and desist against pursuant to Sections 36a-56a(b) and 36a-52(a) of the Connecticut General Statutes and to impose a civil penalty pursuant to Sections 36a-56a(b) and 36a-50(a) of the Connecticut General Statutes;

WHEREAS, the Commissioner also alleged in the Order and Notice, with respect to the activity described therein, that Financial Link’s offering to engage in debt negotiation in this state without the required license constitutes at least one violation of Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011.  Each violation forms the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes and to impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes;

WHEREAS, the Commissioner also alleged in the Order and Notice, with respect to the activity described therein, that Financial Link’s engaging in debt negotiation in this state without the required license, constitutes at least one violation of Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011.  Each violation forms the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes and to impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes;

WHEREAS, the Commissioner also alleged in the Order and Notice, with respect to the activity described therein, that Miller’s engaging in debt negotiation in this state without the required license, constitutes at least one violation of Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011.  Each violation forms the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes and to impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes;

WHEREAS, the Commissioner also alleged in the Order and Notice, with respect to the activity described therein, that De Navea’s engaging in debt negotiation in this state without the required license, constitutes at least one violation of Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011.  Each violation forms the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes and to impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes;

WHEREAS, also in the Order and Notice, the Commissioner ordered, pursuant to Section 36a-50(c) of the Connecticut General Statutes, that not later than thirty (30) days from the date the Order to Make Restitution becomes permanent, Respondents repay identified Connecticut residents and repay any other Connecticut resident who entered into an agreement for debt negotiation services with Respondents on and after October 1, 2009, any fees paid by such residents to Respondents plus interest, and provide evidence of such repayments to the Director of the Consumer Credit Division;  

WHEREAS, the Order to Make Restitution remains in effect and became permanent against Respondents on July 17, 2014;

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 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”;

WHEREAS, Section 36a-50(a)(2) of the Connecticut General Statutes provides, in pertinent part, that “[i]f 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”;

WHEREAS, Section 36a-50(a)(3) of the Connecticut General Statutes provides that “[e]ach action undertaken by the commissioner under this subsection shall be in accordance with the provisions of chapter 54”;

AND WHEREAS, Section 36a-1-31(a) of the Regulations of Connecticut State Agencies provides, in pertinent part, that “[w]hen a party fails to request a hearing within the time specified in the notice, the allegations against the party may be deemed admitted.  Without further proceedings or notice to the party, the commissioner shall issue a final decision in accordance with section 4-180 of the Connecticut General Statutes and section 36a-1-52 of the Regulations of Connecticut State Agencies”.