Bulletin 2491 - Nov. 18, 2011

State of Connecticut
Department of Banking

The Department of Banking News Bulletin
Bulletin # 2491

Week Ending November 18, 2011

This bulletin constitutes the only official notification you will receive from this office concerning any of the following applications. Any observations you may have are solicited. Any comments should be in writing to Howard F. Pitkin, Banking Commissioner, at the Connecticut Department of Banking, 260 Constitution Plaza, Hartford, CT 06103-1800 or via E-mail . Written comments will be considered only if they are received within ten days from the date of this bulletin.

CONSUMER CREDIT DIVISION ACTIVITY
Check Cashing Service License Activity

Date

Check Casher

Location

Activity

11/21/11

Tienda Ecuador LLC

72 Lake Avenue

Danbury, CT 06810

approved

Consent Orders

On October 4, 2011, the Commissioner entered into a Consent Order with New England Modifications LLC (“New England Modifications”), Newington, Connecticut, and James J. D’Amato (“D’Amato”) (collectively “Respondents”). The consent Order was based on an investigation by the Consumer Credit Division. As a result of such investigation, the Commissioner alleged in a Temporary Order to Cease and Desist, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing issued on September 8, 2010, that Respondents offered to engage in debt negotiation in this state without obtaining the required license. As part of the Consent Order, D’Amato and Daniel Young, a Member of New England Modifications, we each barred for a period of 10 years from acting as a director, officer, general partner, member, shareholder or sole proprietor of any entity subject to the jurisdiction of the Commissioner.

On October 4, 2011, the Commissioner entered into a Consent Order with Tempo Financial U.S. Corporation d/b/a i-transfer (“Tempo Financial”), Greenwood Village, Colorado. The Consent Order was based on an investigation by the Consumer Credit Division. As a result of such investigation, the Commissioner alleged that Tempo Financial failed to promptly update the information contained in its 2009 application for a money transmission license to reflect that on April 21, 2010, it entered into an Agent Agreement with a Connecticut agent and was operating under the name “Tempo Financial U.S. Corporation d/b/a i-transfer”, in violation of Section 36a-598(b) of the Connecticut General Statutes. As part of the Consent Order, Tempo Financial was ordered to pay $3,000 as a civil penalty.

On October 14, 2011, the Commissioner entered into a Consent Order with The Cobblestone Group, LLC d/b/a HamiltonLadd (“Cobblestone Group”), Ridgefield, Connecticut, and Lou-Ann Smith (“Smith”). The Consent Order was based on an examination and investigation by the Consumer Credit Division. As a result of such examination and investigation, the Commissioner alleged that Cobblestone Group, through Smith, during the period of October 2006 through December 2007, misrepresented the material particulars of mortgage loan transactions to lenders that were entitled to such information, within the meaning of Sections 36a 494(a)(1) and 36a-494(b) of the then applicable General Statutes, respectively. As part of the Consent Order, Cobblestone and Smith were ordered to pay $10,000 as a civil penalty.

On October 19, 2011, the Commissioner entered into a Consent Order with Neighborhood Assistance Corporation of America (“NACA”), Jamaica Plain, Massachusetts. The Consent Order was based on an examination by the Consumer Credit Division. As a result of such examination, the Commissioner alleged that, during the period of April through September 2011, NACA acted as a mortgage broker without obtaining the required license, in violation of Section 36a-486(a) of the Connecticut General Statutes. As part of the Consent Order, NACA was ordered to pay $10,000 as a civil penalty.

On October 19, 2011, the Commissioner entered into a Consent Order with CreditAnswers, LLC a/k/a Debt Mediation Initiative and CreditArbitrators, LLC (“Respondents”), Plano, Texas. The Consent Order was based on an investigation by the Consumer Credit Division. As a result of such investigation, the Commissioner alleged in a Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing issued on May 27, 2011, that Respondents offered to engage in debt negotiation concerning unsecured debt in this state via various media without obtaining the required license, in violation of Section 36a-671(b) of the Connecticut General Statutes. As part of the Consent Order, Respondents were ordered to pay $4,000 as a civil penalty and to implement enhanced internal controls to deter the offering of debt negotiation services to Connecticut residents while unlicensed as debt negotiators in this state.

On November 10, 2011, the Commissioner entered into a Consent Order with Matthew Smith (“Smith”) and YourMortgageRights.com a/k/a YourMortgageRights.org a/k/a ModPilot, Inc. a/k/a ModPilot.com (“ModPilot”), Oceanside, California (collectively “Respondents”). The Consent Order was based on an investigation by the Consumer Credit Division. As a result of such investigation, the Commissioner alleged in a Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing issued on March 3, 2011, that from at least May 2010 to March 2011, Respondents offered to engage in debt negotiation in this state without obtaining the required license, in violation of Section 36a-671(b) of the Connecticut General Statutes. As part of the Consent Order, Respondents were ordered to pay $1,000 as a civil penalty, Smith was prohibited from acting as an officer or control person of any entity that engages or offers to engage in debt negotiation activity in Connecticut without a license, ModPilot was ordered to add a disclaimer prominently displayed on all of its related websites stating that its debt negotiation program and services are not available in Connecticut, and Respondents were ordered to provide Connecticut residents a refund of all fees paid for debt negotiation services.

Order to Cease and Desist, Order of Repayment of Fees and Order Imposing Civil Penalty

On October 14, 2011, the Commissioner issued an Order to Cease and Desist, Order of Repayment of Fees and Order Imposing Civil Penalty (“Order”) In the Matter of:
The Klosk Law Group, Inc. a/k/a Klosk Law Firm, Inc.
(“Respondent”), Torrance, California. The basis of the Order was that Respondent engaged in debt negotiation in this state without obtaining the required license, in violation of Section 36a 671(b) of the Connecticut General Statutes, and collected fees under terms which did not comply with Section 36a-671b(b) of the Connecticut General Statutes and the schedule of maximum fees established by the Commissioner. Respondent was ordered to cease and desist from violating Sections 36a-671(b) and 36a-671b(b) of the Connecticut General Statutes, to pay a civil penalty in the amount of $20,000, and to repay fees in the amount of $7,712.73 to a Connecticut resident.

Dated: Tuesday, November 22, 2011

Howard F. Pitkin

Banking Commissioner