WHEREAS, 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”);

WHEREAS, Deily is a New York limited liability partnership with an office located at 8 Thurlow Terrace, Albany, New York;

WHEREAS, Deily was licensed to act as a consumer collection agency until its license expired on January 1, 2017;

WHEREAS, Deily is not currently licensed to act as a consumer collection agency in Connecticut;

WHEREAS, Deily submitted an application for a consumer collection agency license on January 6, 2017, that was abandoned on June 12, 2017, due to outstanding deficiencies;

WHEREAS, on August 1, 2017, Deily filed an application for a consumer collection agency license with the Commissioner through the Nationwide Multistate Licensing System and Registry (“NMLS”), which application is currently pending;

WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking (“Department”), has investigated and examined the activities of Deily pursuant to Section 36a-17 of the Connecticut General Statutes and Section 36a-801 of the 2018 Supplement to the General Statutes to determine if it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes and Regulations within the jurisdiction of the Commissioner;

WHEREAS, Deily continued to conduct unlicensed consumer collection activity in Connecticut;

WHEREAS, as a result of such investigation and examination, the Commissioner alleges that Deily acted as a consumer collection agency in Connecticut without a consumer collection agency license, in violation of Section 36a-801(a) of the Connecticut General Statutes;

WHEREAS, the Commissioner believes that such allegation would support the initiation of enforcement proceedings against Deily, including, without limitation, proceedings to issue a cease and desist order against Deily 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 an order imposing a civil penalty of up to one hundred thousand dollars ($100,000) per violation upon Deily pursuant to Section 36a-804(b) of the Connecticut General Statutes and Section 36a-50(a) of the 2018 Supplement to the General Statutes;

WHEREAS, initiation of such enforcement proceedings would constitute a “contested case” within the meaning of Section 4-166(4) of the Connecticut General Statutes;

WHEREAS, Section 4-177(c) of the Connecticut General Statutes and Section 36a-1-55(a) of the Regulations of Connecticut State Agencies provide that a contested case may be resolved by consent order, unless precluded by law;

WHEREAS, both the Commissioner and Deily acknowledge the possible consequences of formal administrative proceedings, and Deily voluntarily agrees to consent to the entry of the sanctions imposed below solely for the purpose of obviating the need for formal administrative proceedings concerning the allegation set forth herein;

WHEREAS, the Commissioner and Deily now desire to resolve the matter set forth herein;

WHEREAS, Deily represents to the Commissioner that it has reviewed and updated its internal policies, procedures and controls for timely and accurately applying for licensing and renewal licensing on NMLS;

WHEREAS, Deily specifically assures the Commissioner that the violation alleged herein shall not occur in the future;

WHEREAS, Deily acknowledges that this Consent Order is a public record and is a reportable event for purposes of the regulatory disclosure questions on NMLS, as applicable;

AND WHEREAS, Deily, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to a notice and an opportunity for a hearing as it pertains to the allegation set forth herein, and voluntarily waives its right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.

CONSENT TO ENTRY OF SANCTIONS

WHEREAS, Deily, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:

CONSENT ORDER

NOW THEREFORE, the Commissioner enters the following:

Issued at Hartford, Connecticut
this 13th day of July 2018.                                    ______/s/__________
                                                                              Jorge L. Perez
                                                                              Banking Commissioner

I, Pilar Cano, state on behalf of Deily & Glastetter LLP d/b/a Deily & Glastetter LLP Attorneys at Law, that I have read the foregoing Consent Order; that I know and fully understand its contents; that I am authorized to execute this Consent Order on behalf of Deily & Glastetter LLP d/b/a Deily & Glastetter LLP Attorneys at Law; that Deily & Glastetter LLP d/b/a Deily & Glastetter LLP Attorneys at Law agrees freely and without threat or coercion of any kind to comply with the sanctions entered herein; and that Deily & Glastetter LLP d/b/a Deily & Glastetter LLP Attorneys at Law voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.

                                                             By: ________/s/___________
                                                                   Name: Pilar Cano
                                                                   Title:  Partner
                                                                   Deily & Glastetter LLP
                                                                   d/b/a Deily & Glastetter LLP
                                                                   Attorneys at Law