| * * * * * * * * * * * * * * * * * * * * * * * * IN THE MATTER OF: MICHAEL R. MAZAL, ESQ. | * * * * * * * * * * | CONSENT ORDER |
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, Mazal is an individual, who at all time relevant hereto, was the sole-proprietor of Retention Law Center, a purported California company, with an office at 16808 Armstrong Avenue, Suite 180, Irvine, California;
WHEREAS, the Commissioner, through the Consumer Credit Division (“Division”) of the Department of Banking, conducted an investigation pursuant to Section 36a-17 of the Connecticut General Statutes into the activities of Mazal to determine if he had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
WHEREAS, on February 27, 2015, as a result of such investigation, the Commissioner, acting pursuant to Sections 36a-52(b), 36a-50(c), 36a-671a(b), 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued a Temporary Order to Cease and Desist, 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 Mazal, which Order and Notice is incorporated herein by reference;
WHEREAS, on February 27, 2015, the Order and Notice was sent by certified mail, return receipt requested, to Mazal (Certified Mail Nos. 70120470000147903799 and 70120470000147903812);
WHEREAS, on March 4, 2015, Mazal received the Order and Notice;
WHEREAS, on March 12, 2015, Mazal requested a hearing, which hearing is currently scheduled for May 28, 2015;
WHEREAS, the Commissioner alleged in the Order and Notice, with respect to the activity described therein, that Mazal engaged in debt negotiation in this state without obtaining the required license, in violation of Section 36a-671(b) of the Connecticut General Statutes. Such 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 impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes;
WHEREAS, as part of the Order to Make Restitution, the Commissioner ordered that Mazal make restitution of any sums obtained as a result of Mazal’s violation of Section 36a-671(b) of the Connecticut General Statutes, plus interest at the legal rate set forth in Section 37-1 of the Connecticut General Statutes. Specifically, the Commissioner ordered that not later than thirty (30) days from the date the Order to Make Restitution becomes permanent, Mazal shall repay $3,300 to an identified Connecticut residents plus interest, and repay to any other Connecticut resident who entered into an agreement for debt negotiation services with Mazal on and after October 1, 2009, any fees paid by such resident plus interest, and provide evidence of such repayments to the Director of the Consumer Credit Division;
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, the Commissioner and Mazal now desire to resolve the matters alleged in the Order and Notice and set forth herein;
WHEREAS, Mazal voluntarily agrees to consent to the entry of the sanctions described below without admitting or denying any allegation contained in the Order and Notice and set forth herein and solely for the purpose of obviating the need for further formal administrative proceedings concerning the allegation contained in the Order and Notice and set forth herein;
WHEREAS, Mazal herein represents that on or about June 6, 2014, Mazal ceased and desisted from engaging and offering to engage in debt negotiation in this state, and that he is not aware of any other Connecticut resident, other than those identified or referred to in Exhibits A and B attached hereto, who had retained him to engage in debt negotiation in this state;
WHEREAS, Mazal agrees that the Order and Notice may be used in construing the terms of this Consent Order and agrees to the language of this Consent Order;
AND WHEREAS, Mazal, through his execution of this Consent Order, voluntarily agrees to waive his procedural rights, including a right to a hearing as it pertains to the allegation contained in the Order and Notice and set forth herein, and voluntarily waives his right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.
CONSENT TO ENTRY OF SANCTIONS
WHEREAS, Mazal, through his execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:
| 1. | Mazal shall immediately cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes; |
| 2. | No later than the date this Consent Order is executed by Mazal, Mazal shall repay $3,300 to the Connecticut resident identified in Exhibit A attached hereto, and shall provide Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov, evidence of such repayment; |
| 3. | No later than September 1, 2015, Mazal shall repay $3,096 to the Connecticut resident identified in Exhibit B attached hereto, and provide evidence of such repayment in the manner provided in paragraph 2 above; and |
| 4. | No later than February 1, 2016, Mazal shall remit to the Department of Banking by cashier’s check, certified check or money order, made payable to “Treasurer, State of Connecticut”, the sum of Twelve Thousand One Hundred Ninety-six Dollars ($12,196) as a civil penalty. |
CONSENT ORDER
NOW THEREFORE, the Commissioner enters the following:
| 1. | The Sanctions set forth above be and are hereby entered; |
| 2. | Upon issuance of this Consent Order by the Commissioner, this matter will be resolved and the Commissioner will not take any future enforcement action against Mazal based upon the allegation contained in the Order and Notice and set forth herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Mazal based upon a violation of this Consent Order or the matters underlying its entry, if the Commissioner determines that compliance with the terms herein is not being observed or if any representation made by Mazal and reflected herein is subsequently discovered to be untrue; |
| 3. | Upon issuance of this Consent Order by the Commissioner, and so long as Mazal complies with the terms of this Consent Order, nothing in the issuance of this Consent Order shall adversely affect the ability of Mazal to apply for or obtain a license or renewal license under Sections 36a-671 to 36a-671e, inclusive, of the Connecticut General Statutes, contained in Part II of Chapter 669 of the Connecticut General Statutes; and |
| 4. | This Consent Order shall become final when issued. |
Issued at Hartford, Connecticut
this 26th day of May 2015. _______/s/_________
Jorge L. Perez
Banking Commissioner
I, Michael R. Mazal d/b/a Retention Law Center, state that I have read the foregoing Consent Order; that I know and fully understand its contents; that I agree freely and without threat or coercion of any kind to comply with the provisions of this Consent Order; and that I voluntarily agree to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
________/s/___________
Michael R. Mazal
d/b/a Retention Law Center
State of: California
County of: Orange
On this the 18th day of May 2015, before me, __________________________, the undersigned officer, personally appeared _____________________________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand.
_________/s/_________
Notary Public
Date Commission Expires: Nov. 2, 2018