NOTICE: In accordance with Governor Lamont's emergency declaration, employees and the public are asked to observe social distancing measures to ensure communal safety and to slow the spread of the novel coronavirus (COVID-19). People are asked to work from home and telecommute wherever possible. Adhering to these instructions, the Department of Banking has closed its offices to the public. However, agency staff will continue to provide services to consumers and industry through telework. When contacting the Department, please use electronic communication whenever possible. Agency staff will continue to check voicemails during this time. Consumers are encouraged to use our online form for complaints. If you are unsure where to send an inquiry, you may send it to Department.Banking@ct.gov and it will be routed appropriately. Thank you for your patience during this time.

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IN THE MATTER OF:
DEBT MANAGEMENT, INC.
d/b/a CAPITAL RECOVERY
SYSTEMS
NMLS # 931163
(“Respondent”)

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ORDER OF SUMMARY SUSPENSION

TEMPORARY ORDER TO
CEASE AND DESIST

ORDER TO MAKE RESTITUTION

NOTICE OF INTENT TO ISSUE
ORDER TO CEASE AND DESIST

NOTICE OF INTENT TO REVOKE
CONSUMER COLLECTION AGENCY
LICENSE

NOTICE OF INTENT TO IMPOSE
CIVIL PENALTY

                       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-814, 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 of the Connecticut General Statutes and Section 36a-801(d) of the 2018 Supplement to the General Statutes, the Commissioner, through the Consumer Credit Division (“Division”) of the Department of Banking (“Department”), has investigated and examined the activities of Respondent to determine if it has violated, is violating or is about to violate the provisions of the Connecticut General Statutes 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 . . . .

Section 36a-801(d) of the 2018 Supplement to the General Statutes provides, in pertinent part, that:

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 . . . .

Section 36a-52 of the 2018 Supplement to the 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, unless such person is licensed by the commissioner, in which case the notice may be provided by personal delivery, as defined in section 4-166, in accordance with section 36a-52a.  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, and in the case of a notice sent by electronic mail, the notice shall be deemed received by the person in accordance with section 36a-52a.  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-51 of the 2018 Supplement to the 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, or by personal delivery, as defined in section 4-166, in accordance with section 36a-52a.  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, and in the case of a notice sent by electronic mail, the notice shall be deemed received by the licensee in accordance with section 36a-52a.  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 4-182(c) of the Connecticut General Statutes provides, in pertinent part, that:

No revocation, suspension, annulment or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action and the specific provision of the general statutes or of regulations adopted by the agency that authorize such intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license.  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.

Section 36a-50(a) of the 2018 Supplement to the 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, unless such person is licensed by the commissioner, in which case the notice may be provided by personal delivery, as defined in section 4-166, in accordance with section 36a-52a.  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, and in the case of a notice sent by electronic mail, the notice shall be deemed received by the person in accordance with section 36a-52a.  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 of 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 36a-52a of the 2018 Supplement to the General Statutes provides, in pertinent part, that:

Notwithstanding the provisions of subsection (c) of section 4-182, the Banking Commissioner may provide notice pursuant to section 4-182 or sections 36a-50 to 36a-52, inclusive, to any person licensed by the commissioner by personal delivery, as defined in section 4-166. . . . .  Any notice provided in accordance with this section shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending, and in the case of a notice sent by electronic mail, the notice shall be deemed received by the person on the earlier of the date of actual receipt by any natural person to whom such notice was sent or seven days after such notice was sent.

Section 36a-804 of the Connecticut General Statutes 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-812, inclusive, or if the commissioner finds that the licensee . . . has done any of the following:  . . . (3) violated any of the provisions of sections 36a-800 to 36a-812, inclusive, or any of the regulations 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-812, inclusive, or any regulation adopted pursuant thereto, . . . the commissioner may take action against such person or licensee in accordance with sections 36a-50 and 36a-52.


II.  MATTERS ASSERTED

1.
Respondent is a Massachusetts corporation with an office at 200 Chauncy Street, Suite 208, Mansfield, Massachusetts (“Massachusetts Office”).
2.
At all relevant times hereto, James George Fox, III has been the President of Respondent and is responsible for overseeing the daily collections operations.  Mr. Fox has been primarily located at 484 Viking Drive, Suite 155, Virginia Beach, Virginia (“Virginia Office”), not the Massachusetts Office.
3.
Respondent has been licensed by the Commissioner to act as consumer collection agency in Connecticut since at least April 2010 and is currently licensed in Connecticut from its Massachusetts Office.
Examination
4. On March 22, 2018, the Department, in conjunction with the Maine Bureau of Consumer Credit Protection, commenced a coordinated examination of Respondent, which included a review of Respondent’s operations at its Massachusetts Office for the period from January 1 to December 31, 2017 (“Examination”).
5.
The Examination uncovered numerous, serious and pervasive violations of Part XII of Chapter 669, Sections 36a-800 to 36a-814, inclusive, of the Connecticut General Statutes and the Regulations, including, but not limited to, the charging of impermissible convenience fees, conducting unlicensed consumer collection activity, commingling of trust account monies and making harassing, abusive and false, misleading or deceptive collection calls. Of the approximately 71 collection calls reviewed by the Division during the Examination, over 90% of the calls exhibited practices considered to be harassing and abusive or false, misleading or deceptive to consumers.
Inadequate System of Compliance
6. Although Respondent has written policies and procedures concerning its consumer collection operations set forth in a “Collections Training Guide”, the Examination revealed that Respondent failed to adhere to such policies and procedures in practice.  For example, the procedures require use of a script by collectors in which the consumer is informed of the collector’s full name and company name, the consumer’s identity is verified, the consumer is informed that the call is being recorded for quality assurance and training purposes and the consumer is informed that the communication is from a debt collector and any information obtained by the collector will be used in furtherance of such collection (“mini-Miranda”).  However, time and time again, collectors calling Connecticut consumer debtors failed to perform all steps required by the script.
7. The Collections Training Guide also places certain requirements when a collector leaves a voicemail for a debtor, including verifying that the “number’s recorded greeting states the consumer’s first and last name, and only the consumer’s first and last name, and the name matches the account holder owing the debt.”  However, collection staff routinely left messages regarding the collection of debt on the voicemail of individuals who identified themselves as individuals other than the consumer debtors being collected upon.  For example, in December 2017, a collector left a voicemail for Susan, a Connecticut consumer debtor, in a mailbox identified as belonging to “Bonnie”, and stated that Susan should contact the “Offices of CRS” regarding a file placed in the office.
8.
At all times relevant hereto, the Collections Manager was physically located at the Virginia Office and was responsible for providing the ongoing training of collection staff at the Massachusetts Office.  However, several calls placed by the Collections Manager to Connecticut consumer debtors failed to adhere to Collections Training Guide requirements, including failing to verify the identity of the debtor, failing to state the required mini-Miranda and, on at least one occasion, communicating with the wife of a Connecticut consumer debtor regarding such consumer’s debt and setting up a payment plan using their jointly owned checking account without such debtor’s authorization.
Harassing and Abusive and False, Unfair, Deceptive or Misleading Collection Practices
9.
From at least July to December 2017, Respondent engaged in harassing and abusive and false, deceptive or misleading collection practices by intentionally fostering the false impression to Connecticut consumer debtors that it was a law firm and/or intended to imminently initiate a lawsuit against the consumer debtor, when in fact Respondent never referred consumer accounts to law firms for litigation nor had its clients authorized legal action.  The practices appeared to be systemic, utilized by most collectors and authorized by management.  Such practices include:
(a) 
Identifying Respondent to Connecticut consumer debtors as “The Offices of CRS”,
(b)
Indicating that Respondent represents legal claims and is calling in reference to a certain case number,
(c) Indicating that Respondent is a legal company and that the collectors are calling from the pre-legal department,
(d) Stating that the account was in collections, but has been referred to Respondent’s office for legal claims and requesting a response before “filing with county”,
(e) Stating to the consumer debtor that they should call back immediately or have their attorney call Respondent,
(f)
Indicating that the client wants to pursue the matter legally, and
(g) Implicating that court proceedings would be avoided by making payment.
10.
The Examination also revealed several other harassing and abusive collection practices towards Connecticut consumer debtors.  Some examples include:
(a) 
In November 2017, a collector raised his voice in a collection call, stated that the balance must be paid immediately and implied that the Connecticut consumer debtor was lying about unauthorized transactions on her account,
(b)
In November 2017, the Collections Manager contacted a Connecticut consumer debtor six times in a row within five minutes, including leaving two voicemail messages for the consumer debtor.  In both voicemails, the Collections Manager made reference to a case filed in his office and stated that he would hold the case for 48 hours before releasing it legally.  One of the voicemails was left in a mailbox identified as “Andrea”, even though the name of the consumer debtor being collected upon was Ryan, and
(c) In December 2017, a collector continued a conversation to collect on a debt and talked over the Connecticut consumer when the debtor requested that the collector call back another time.
Impermissible Convenience Fees
11. On January 14, 2015, the Division issued a memorandum to all licensed consumer collection agencies in Connecticut, including Respondent, concerning processing or convenience fees for expediting payments to collection agencies made by telephone, credit card, electronic check or debit card, reminding them that pursuant to Section 36a-805(a) of the Connecticut General Statutes, consumer collection agencies are “prohibited from adding any fees to a consumer’s debt that are not authorized by the underlying debtor contract, regardless of whether such fees have been disclosed, the consumer agrees to pay such fees, fees are an optional payment method, and/or the fees do not exceed the actual cost of providing the service.”  (Emphasis in original.)
12.
Nonetheless, from at least August to December 2017, Respondent charged Connecticut consumer debtors convenience fees of approximately 3% for using a debit or credit card to make payment on an account when such fees were not authorized by the underlying contract.
Unlicensed Collection Activity
13. From at least July to December 2017, Respondent acted as a consumer collection agency in Connecticut from the Virginia Office by collecting on accounts of Connecticut consumer debtors, directing payments from Connecticut consumer debtors to such office and receiving payments from Connecticut consumer debtors.  Such office has never been licensed in Connecticut.
14.
On April 12, 2018, Respondent filed an application with the Commissioner on the Nationwide Multistate Licensing System and Registry seeking licensure of the Virginia Office as a consumer collection agency in Connecticut.  Such application is currently pending.
Trust Account
15. From at least September to December 2017, Respondent commingled monies from an affiliate and its operations with the monies in its trust account for the benefit of creditors.

III.  STATUTORY AND REGULATORY BASIS FOR ORDER TO MAKE
RESTITUTION, ORDER TO CEASE AND DESIST, REVOCATION OF CONSUMER
COLLECTION AGENCY LICENSE AND IMPOSITION OF CIVIL PENALTY

Prior to October 1, 2017, Section 36a-801 of the Connecticut General Statutes provided, in pertinent part, that:

(a)  No person shall act within this state as a consumer collection agency unless such person has first obtained a consumer collection agency license for such person’s main office and each branch office where such person’s business is conducted. . . .

(c)  If the commissioner finds, upon the filing of an application for a consumer collection agency, that (1) the financial responsibility, character, reputation, integrity and general fitness of the applicant . . . are such to warrant belief that the business will be operated soundly and efficiently, in the public interest and consistent with the purposes of sections 36a-800 to 36a-812, inclusive, . . . the commissioner may, upon such finding, issue the applicant a consumer collection agency license.  If the commissioner fails to make such findings, the commissioner shall not issue a license . . . .

(i)  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. . . .

Section 36a-801 of the Connecticut General Statutes, as amended by Public Acts 17-233 and 17-236, now codified at Section 36a-801 of the 2018 Supplement to the General Statutes, provides, in pertinent part, that:

(a)  No person shall act within this state as a consumer collection agency, directly or indirectly, unless such person has first obtained a consumer collection agency license for such person’s main office and each branch office where such person’s business is conducted. . . . .

(c)  If the commissioner finds, upon the filing of an application for a consumer collection agency, that (1) the financial responsibility, character, reputation, integrity and general fitness of the applicant . . . are such to warrant belief that the business will be operated soundly and efficiently, in the public interest and consistent with the purposes of sections 36a-800 to 36a-812, inclusive, . . . the commissioner may, upon such finding, issue the applicant a consumer collection agency license.  If the commissioner fails to make such findings, the commissioner shall not issue a license . . . . 

(i)  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. . . .

Section 36a-805(a) of the Connecticut General Statutes provided, in pertinent part, that:

No consumer collection agency shall: . . . (12) add any post charge-off charge or fee for cost of collection, unless such cost is a court cost, to the amount of any claim which it receives for collection or knowingly accept for collection any claim to which any such charge or fee has already been added to the amount of the claim unless (A) the consumer debtor is legally liable for such charge or fee as determined by the contract or other evidence of an agreement between the consumer debtor and creditor, a copy of which shall be obtained by or available to the consumer collection agency from the creditor and maintained as part of the records of the consumer collection agency or the creditor, or both, and (B) the total charge or fee for cost of collection does not exceed fifteen per cent of the total amount actually collected and accepted as payment in full satisfaction of the debt . . . .

Section 36a-805(a) of the Connecticut General Statutes, as amended by Public Acts 17-233 and 17-236, now codified at Section 36a-805(a) of the 2018 Supplement to the General Statutes, provides, in pertinent part, that:

No consumer collection agency or control person shall: . . . (12) add any post-charge-off charge or fee for cost of collection, unless such cost is a court cost, to the amount of any claim which it receives for collection or knowingly accept for collection any claim to which any such charge or fee has already been added to the amount of the claim unless (A) the consumer debtor is legally liable for such charge or fee as determined by the contract or other evidence of an agreement between the consumer debtor and creditor, a copy of which shall be obtained by or available to the consumer collection agency from the creditor and maintained as part of the records of the consumer collection agency or the creditor, or both, and (B) the total charge or fee for cost of collection does not exceed fifteen per cent of the total amount actually collected and accepted as payment in full satisfaction of the debt; . . . or (16) fail to establish, enforce and maintain policies and procedures for supervising employees, agents and office operations that are reasonably designed to achieve compliance with applicable consumer collection laws and regulations.

Section 36a-806(a) of the 2018 Supplement to the General Statutes provides that:

No consumer collection agency shall engage in this state in any practice which is prohibited in section 36a-805 or determined pursuant to section 36a-808 to be an unfair or deceptive act or practice, nor shall any consumer collection agency engage outside of this state in any act or practice prohibited in said section 36a-805. The commissioner shall have power to examine the affairs of every consumer collection agency in this state in order to determine whether it has been or is engaged in any act or practice prohibited by sections 36a-805 to 36a-808, inclusive.

Section 36a-811(b) of the Connecticut General Statutes provides that:

Each third party consumer collection agency shall deposit funds collected or received from consumer debtors for payment for others on an account, bill or other indebtedness in one or more trust accounts maintained at a federally insured bank, Connecticut credit union, federal credit union or an out-of-state bank that maintains in this state a branch as defined in section 36a-410, which accounts shall be reconciled monthly.  Such funds 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 consumer debtors, (2) the payment of such funds to creditors, (3) the refund of any overpayments to be made to consumer debtors, and (4) the payment of earned fees to the consumer collection agency, which shall be withdrawn on a monthly basis.  Except for payments authorized by subdivisions (2) to (4), inclusive, of this subsection, any withdrawal from such account, including, but not limited to, any service charge or other fee imposed against such account by a depository institution, shall be reimbursed by the consumer collection agency to such account not more than thirty days after the withdrawal.  Funds received from consumer debtors shall be posted to their respective accounts in accordance with generally accepted accounting principles.

Section 36a-809-9(d)(2) of the Regulations provides that:

Except as provided in subsection (b) of this section, without the prior consent of the debtor given directly to the consumer collection agency, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post-judgment judicial remedy, a consumer collection agency shall not communicate, in connection with the collection of any debt with any person other than the debtor, the attorney of the debtor, a credit rating agency if otherwise permitted by law, the creditor, the attorney of the creditor or the attorney of the consumer collection agency.  This subdivision shall not apply to a consumer collection agency in connection with the collection of property taxes.

Section 36a-809-10 of the Regulations provides, in pertinent part, that:

A consumer collection agency shall not engage in any conduct the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt.  Without limiting the general application of the foregoing, the following conduct is a violation of this section: . . .

(5)  Causing a telephone to ring, engaging any person in telephone conversation or contacting any person via electronic device repeatedly or continuously with intent to annoy, abuse or harass any person receiving the communication being contacted.

Section 36a-809-11 of the Regulations provides, in pertinent part, that:

A consumer collection agency shall not use any false, deceptive or misleading representation or means in connection with the collection of any debt.  Without limiting the general application of the foregoing, the following conduct is a violation of this section: . . .

(3)  The false representation or implication that any individual is an attorney or that any communication is from an attorney. . . .

(5)  The threat to take any action that cannot legally be taken or that is not intended to be taken. . . .

(10)  The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a debtor.

(11)  The failure to disclose clearly, in all communications made to collect a debt or to obtain information about a debtor, that the consumer collection agency is attempting to collect a debt and that any information obtained will be used for that purpose. . . .

(13)  The false representation or implication that documents are legal process.

(14)  The use of any business, company or organization name other than the true name of the consumer collection agency’s business, company or organization.

Section 36a-809-12 of the Regulations provides, in pertinent part, that:

A consumer collection agency shall not use unfair or unconscionable means to collect or attempt to collect any debt.  Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(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 charging Connecticut consumer debtors convenience fees not authorized by the debtor’s contract with the creditor, as more fully described in paragraphs 11 and 12 of the Matters Asserted, constitutes at least one violation of Section 36a-805(a)(12) of the 2018 Supplement to the General Statutes or the Connecticut General Statutes, as applicable, and Section 36a-809-12(1) of the Regulations.  Such violations constitute sufficient grounds to revoke Respondent’s license to act as a consumer collection agency in Connecticut pursuant to Section 36a-804(a)(3) of the Connecticut General Statutes and Section 36a-51 of the 2018 Supplement to the General Statutes, and forms the basis to issue an order to cease and desist pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-52(a) of the 2018 Supplement to the General Statutes, issue an order to make restitution pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-50(c) of the 2018 Supplement to the General Statutes, and to impose a civil penalty pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-50(a) of the 2018 Supplement to the General Statutes.  Section 36a-50(a) of the 2018 Supplement to the 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 engaging in conduct that created a false impression to Connecticut consumer debtors that it was a law firm and intended to take legal action, when Respondent had no intentions or authorization to take legal action, as more fully described in paragraphs 7, 9 and 10 of the Matters Asserted, constitutes an unfair or deceptive act or practice in violation of Section 36a-806(a) of the 2018 Supplement to the General Statutes.  Such violations constitute sufficient grounds to revoke Respondent’s consumer collection agency license in Connecticut pursuant to Section 36a-804(a)(3) of the Connecticut General Statutes and Section 36a-51 of the 2018 Supplement to the General Statutes, and forms the basis to issue an order to cease and desist pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-52(a) of the 2018 Supplement to the General Statutes, issue an order to and to impose a civil penalty pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-50(a) of the 2018 Supplement to the General Statutes.  Section 36a-50(a) of the 2018 Supplement to the 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 engaging in conduct that created a false impression to Connecticut consumer debtors that it was a law firm and intended to take legal action when Respondent had no intentions or authorization to take legal action, as more fully described in paragraphs 7, 9 and 10 of the Matters Asserted, constitutes false, deceptive or misleading practices in violation of subdivisions (3), (5), (10) and (13) of Section 36a-809-11 of the Regulations.  Such violations constitute sufficient grounds to revoke Respondent’s consumer collection agency license in Connecticut pursuant to Section 36a-804(a)(3) of the Connecticut General Statutes and Section 36a-51 of the 2018 Supplement to the General Statutes, and forms the basis to issue an order to cease and desist pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-52(a) of the 2018 Supplement to the General Statutes, and to impose a civil penalty pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-50(a) of the 2018 Supplement to the General Statutes.  Section 36a-50(a) of the 2018 Supplement to the 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 referring to itself as “The Offices of CRS” and “CRS” in communications with Connecticut consumer debtors, which is neither Respondent’s legal name nor the name authorized by its license in Connecticut, as more fully described in paragraphs 7 and 9 of the Matters Asserted, constitutes at least one violation of Section 36a-801(i) of the 2018 Supplement to the General Statutes or the Connecticut General Statutes, as applicable, and Section 36a-809-11(14) of the Regulations.  Such violations constitute sufficient grounds to revoke Respondent’s consumer collection agency license in Connecticut pursuant to Section 36a-804(a)(3) of the Connecticut General Statutes and Section 36a-51 of the 2018 Supplement to the General Statutes, and forms the basis to issue an order to cease and desist pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-52(a) of the 2018 Supplement to the General Statutes, and to impose a civil penalty pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-50(a) of the 2018 Supplement to the General Statutes.  Section 36a-50(a) of the 2018 Supplement to the 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.
Respondent’s engaging in conduct which the natural consequence was to harass a Connecticut consumer debtor in connection with the collection of a debt, as more fully described in paragraph 10 of the Matters Asserted, constitutes at least one violation of Section 36a-809-10 of the Regulations.  Such violations constitute sufficient grounds to revoke Respondent’s consumer collection agency license in Connecticut pursuant to Section 36a-804(a)(3) of the Connecticut General Statutes and Section 36a-51 of the 2018 Supplement to the General Statutes, and forms the basis to issue an order to cease and desist pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-52(a) of the 2018 Supplement to the General Statutes, and to impose a civil penalty pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-50(a) of the 2018 Supplement to the General Statutes.  Section 36a-50(a) of the 2018 Supplement to the 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.
6. Respondent’s commingling monies in its trust account for the benefit of creditors, as more fully described in paragraph 15 of the Matters Asserted, constitutes at least one violation of Section 36a-811(b) of the Connecticut General Statutes.  Such violations constitute sufficient grounds to revoke Respondent’s consumer collection agency license in Connecticut pursuant to Section 36a-804(a)(3) of the Connecticut General Statutes and Section 36a-51 of the 2018 Supplement to the General Statutes, and forms the basis to issue an order to cease and desist pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-52(a) of the 2018 Supplement to the General Statutes, and to impose a civil penalty pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-50(a) of the 2018 Supplement to the General Statutes.  Section 36a-50(a) of the 2018 Supplement to the 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.
7. Respondent’s acting as a consumer collection agency from its Virginia Office, which office has never been licensed in Connecticut, as more fully described in paragraphs 1 to 3, inclusive, 8, 10, 13 and 14 of the Matters Asserted, constitutes violations of subsections (a) and (i) of Section 36a-801 of the 2018 Supplement to the General Statutes or the Connecticut General Statutes, as applicable.  Such violations constitute sufficient grounds to revoke Respondent’s consumer collection agency license in Connecticut pursuant to Section 36a-804(a)(3) of the Connecticut General Statutes and Section 36a-51 of the 2018 Supplement to the General Statutes, and forms the basis to issue an order to cease and desist pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-52(a) of the 2018 Supplement to the General Statutes, and to impose a civil penalty pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-50(a) of the 2018 Supplement to the General Statutes.  Section 36a-50(a) of the 2018 Supplement to the 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.
8.
Respondent’s communicating with a third party regarding a consumer debtor’s account without such consumer debtor’s authorization, as more fully described in paragraphs 7, 8 and 10 of the Matters Asserted, constitutes at least one violation of Section 36a-809-9(d)(2) of the Regulations.  Such violations constitute sufficient grounds to revoke Respondent’s consumer collection agency license in Connecticut pursuant to Section 36a-804(a)(3) of the Connecticut General Statutes and Section 36a-51 of the 2018 Supplement to the General Statutes, and forms the basis to issue an order to cease and desist pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-52(a) of the 2018 Supplement to the General Statutes, and to impose a civil penalty pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-50(a) of the 2018 Supplement to the General Statutes.  Section 36a-50(a) of the 2018 Supplement to the 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.
9.
Respondent’s failure to establish, enforce and maintain policies and procedures for supervising employees and office operations that were reasonably designed to achieve compliance with applicable consumer collection laws and regulations, as more fully described in paragraphs 2, and 5 through 15, inclusive, of the Matters Asserted, constitutes a violation of Section 36a-805(16) of the 2018 Supplement to the General Statutes.  Such violation constitutes sufficient grounds to revoke Respondent’s consumer collection agency license in Connecticut pursuant to Section 36a-804(a)(3) of the Connecticut General Statutes and Section 36a-51 of the 2018 Supplement to the General Statutes, and forms the basis to issue an order to cease and desist pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-52(a) of the 2018 Supplement to the General Statutes, and to impose a civil penalty pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-50(a) of the 2018 Supplement to the General Statutes.  Section 36a-50(a) of the 2018 Supplement to the 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
10.
Respondent’s failure to disclose clearly in communications with Connecticut consumer debtors that it was attempting to collect a debt and that any information obtained would be used for that purpose, as more fully described in paragraphs 6 and 8 of the Matters Asserted, constitutes at least one violation of Section 36a-809-11(11) of the Regulations.  Such violations constitute sufficient grounds to revoke Respondent’s consumer collection agency license in Connecticut pursuant to Section 36a-804(a)(3) of the Connecticut General Statutes and Section 36a-51 of the 2018 Supplement to the General Statutes, and forms the basis to issue an order to cease and desist pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-52(a) of the 2018 Supplement to the General Statutes, and to impose a civil penalty pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-50(a) of the 2018 Supplement to the General Statutes.  Section 36a-50(a) of the 2018 Supplement to the 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.
11. Respondent’s conduct, as more fully described in paragraphs 2 through 15, inclusive, of the Matters Asserted, renders the Commissioner unable to determine that the financial responsibility, character, reputation, integrity and general fitness of Respondent are such as to warrant belief that the business will be operated soundly and efficiently, in the public interest and consistent with the purposes of Sections 36a-800 to 36a-812, inclusive, of the Connecticut General Statutes.  Such failure constitutes sufficient grounds to deny an application for a consumer collection agency license and, in turn, constitutes sufficient grounds for the Commissioner to revoke Respondent’s license to act as consumer collection agency in Connecticut pursuant to Section 36a-804(a) of the Connecticut General Statutes and Section 36a-51 of the 2018 Supplement to the General Statutes.
IV.  FINDINGS AND STATUTORY BASIS FOR ORDER OF SUMMARY
SUSPENSION AND TEMPORARY ORDER TO CEASE AND DESIST
The Commissioner finds that the public safety and welfare imperatively require emergency action to summarily suspend Debt Management, Inc. d/b/a Capital Recovery Systems’ license to act as a consumer collection agency in Connecticut pursuant to Section 36a-51(a) of the 2018 Supplement to the General Statutes and Section 4-182(c) of the Connecticut General Statutes and finds that the public welfare requires immediate action to issue a temporary order requiring Debt Management, Inc. d/b/a Capital Recovery Systems to cease and desist from violating the laws cited herein, pursuant to Section 36a-52(b) of the 2018 Supplement to the General Statutes, to prevent further irreparable and immediate harm to Connecticut consumer debtors as a result of the pervasive and systemic harassing, abusive and false, unfair, deceptive or misleading collection practices employed by collectors and fostered by management of Debt Management, Inc. d/b/a Capital Recovery Systems.


V.  ORDER OF SUMMARY SUSPENSION, TEMPORARY ORDER TO CEASE AND
DESIST, ORDER TO MAKE RESTITUTION, NOTICE OF INTENT TO ISSUE
ORDER TO CEASE AND DESIST, NOTICE OF INTENT TO REVOKE
CONSUMER COLLECTION AGENCY LICENSE, 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 revoke Respondent’s consumer collection agency license in Connecticut pursuant to Section 36a-804(a) of the Connecticut General Statutes and Section 36a-51 of the 2018 Supplement to the General Statutes, and forms a basis to issue an order to cease and desist pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-52(a) of the 2018 Supplement to the General Statutes, an order to make restitution pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-50(c) of the 2018 Supplement to the General Statutes and to impose a civil penalty pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-50(a) of the 2018 Supplement to the General Statutes;

AND WHEREAS, the Commissioner has made the findings required under Sections 36a-52(b), 36a-51(a) and 4-182(c) of the Connecticut General Statutes.

NOW THEREFORE, pursuant to the authority granted in Section 36a-804(a) of Connecticut General Statutes and Sections 36a-51(a) and 4-182(c) of the Connecticut General Statutes, the Commissioner ORDERS that the license of Debt Management, Inc. d/b/a Capital Recovery Systems to act as a consumer collection agency in Connecticut be and is hereby SUMMARILY SUSPENDED pending proceedings to revoke its license.

THE COMMISSIONER FURTHER ORDERS, pursuant to Section 36a-52(b) of the Connecticut General Statutes, that Debt Management, Inc. d/b/a Capital Recovery Systems immediately CEASE AND DESIST from further violations of subsections (a) and (i) of Section 36a-801 of the 2018 Supplement to the General Statutes or the Connecticut General Statutes, as applicable, Sections 36a-805(12) and 36a-805(16) of the 2018 Supplement to the General Statutes or the Connecticut General Statutes, as applicable, Section 36a-806 of the 2018 Supplement to the General Statutes, Section 36a-811 of the Connecticut General Statutes, subsections (3), (5), (10), (11), (13) and (14) of Section 36a-809-11 of the Regulations, and Sections 36a-809-9(d)(2), 36a-809-10 and 36a-809-12(1) of the Regulations.  This Temporary Order to Cease and Desist shall become effective upon receipt by Debt Management, Inc. d/b/a Capital Recovery Systems 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 Sections 36a-51(a) and 36a-52(b) of the Connecticut General Statutes, that Debt Management, Inc. d/b/a Capital Recovery Systems shall take the following actions:

1.
Upon receipt of this Temporary Order to Cease and Desist, Respondent and any and all officers, directors, trustees, principal employees, shareholder and agents acting on its behalf, shall immediately cease and desist from acting as a consumer collection agency in this state, provided that Respondent 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, Respondent shall perform a detailed accounting of all Connecticut consumer debtor accounts, including but not limited to, names and addresses of Connecticut consumer debtors and the amount of funds and fees collected from each consumer debtor, and provide copies of such detailed accounting to:  (a) all clients that currently have Connecticut consumer debtor accounts placed with Respondent (“CT Clients”), and (b) the Department;
3.
No later than fourteen (14) days after receipt of this Temporary Order to Cease and Desist, Respondent shall perform a detailed accounting of its trust account for CT clients and ensure that only monies due to its clients are held in such account.  Evidence of such accounting shall be provided to the Department;
4. Upon receipt of this Temporary Order to Cease and Desist, Respondent, shall notify all CT Clients of the existence of this Order of Summary Suspension, Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent Not to Revoke Consumer Collection Agency License, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing and that Respondent’s consumer collection agency license in Connecticut has been summarily suspended, pending proceedings for revocation.  Respondent, shall provide evidence of such notification to the Department, no later than fourteen (14) days after receipt of this Temporary Order to Cease and Desist;
5.
Respondent, 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;
6. Respondent shall immediately remit all monies held in trust for CT Clients and any future monies received relating to Connecticut consumer debtor accounts to CT Clients.  No later than thirty (30) days after the effective date of this Temporary Order to Cease and Desist, Respondent shall submit evidence of compliance with this paragraph to the Department, including but not limited to, receipts confirming the transmittal of funds, check numbers for payments issued and an accounting of amounts paid to each CT Client;
7. Respondent shall immediately place any unearned fees relating to consumer collection activity on Connecticut consumer 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 the Department, of the account number and location of such account; and
8.
All notifications to the Department required pursuant to these paragraphs shall be directed to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103 1800, or carmine.costa@ct.gov.

THE COMMISSIONER FURTHER ORDERS, pursuant to Section 36a-50(c) of the 2018 Supplement to the General Statutes, that Debt Management, Inc. d/b/a Capital Recovery Systems, MAKE RESTITUTION of any sums obtained as a result of Debt Management, Inc. d/b/a Capital Recovery Systems violating Section 36a-805(a)(12) of the 2018 Supplement to the General Statutes or the Connecticut General Statutes, as applicable, and Section 36a-809-12(1) 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, Debt Management, Inc. d/b/a Capital Recovery Systems 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; and
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.

FURTHER, notice is hereby given to Respondent that the Commissioner intends to:  (1) issue an order requiring Respondent to CEASE AND DESIST from violating subsections (a) and (i) of Section 36a-801 of the 2018 Supplement to the General Statutes or the Connecticut General Statutes, as applicable, Sections 36a-805(12) and 36a-805(16) of the 2018 Supplement to the General Statutes or the Connecticut General Statutes, as applicable, Section 36a-806 of the 2018 Supplement to the General Statutes, Section 36a-811 of the Connecticut General Statutes, subsections (3), (5), (10), (11), (13) and (14) of Section 36a-809-11 of the Regulations, and Sections 36a-809-9(d)(2), 36a-809-10 and 36a-809-12(1) of the Regulations; (2) REVOKE Respondent’s consumer collection agency license in Connecticut; and (3) impose a CIVIL PENALTY upon Respondent in an amount not to exceed One Hundred Thousand Dollars ($100,000), subject to its 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 of Summary Suspension, Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Revoke Consumer Collection Agency License, 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 and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes.  This Order of Summary Suspension, Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Revoke Consumer Collection Agency License, 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 sending.  To request a hearing, complete and return the enclosed Appearance and Request for Hearing Form 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 hearing 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 September 6, 2018, 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 any such hearing, the allegations herein will be deemed admitted.  Accordingly, the Commissioner will issue an order revoking Respondent’s license to act as a consumer collection agency in Connecticut, issue an order that Respondent cease and desist from violating subsections (a) and (i) of Section 36a-801 of the 2018 Supplement to the General Statutes or the Connecticut General Statutes, as applicable, Sections 36a-805(12) and 36a-805(16) of the 2018 Supplement to the General Statutes or the Connecticut General Statutes, as applicable, Section 36a-806 of the 2018 Supplement to the General Statutes, Section 36a-811 of the Connecticut General Statutes, subsections (3), (5), (10), (11), (13) and (14) of Section 36a-809-11 of the Regulations, and Sections 36a-809-9(d)(2), 36a-809-10 and 36a-809-12(1) of the Regulations, and may order that the maximum civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Respondent.

Dated at Hartford, Connecticut
this 29th day of June 2018.                               ________/s/_________
                                                                    Jorge L. Perez
                                                                    Banking Commissioner

CERTIFICATION

I hereby certify that on this 29th day of June 2018, I transmitted the foregoing Order of Summary Suspension, Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Revoke Consumer Collection Agency License, Notice of Intent to Impose Civil Penalty and Notice of Right Hearing issued to Debt Management, Inc. d/b/a Capital Recovery Systems to James Fox, III, President, who is designated as the primary contact in the contact employee fields on the Nationwide Multistate Licensing System and Registry, at the electronic mail address provided therein.

________/s/_________
Tina M. Daigle
Paralegal