2014-12-12

Added · Updated

Bulletin 2651 - December 12, 2014

The Commissioner sets the 2015 deposit index at 0.08%, establishing interest rates for rental security deposits, state claims, mortgage escrow accounts, and public service customer deposits effective January 1, 2015. United Bank is authorized to open a branch in North Haven, while Mutual Security Credit Union is scheduled to close a branch in New Fairfield. Enforcement actions include a Consent Order requiring Mader Law Group and related entities to pay restitution and a $1,000 civil penalty for unlicensed debt negotiation, and separate cease and desist orders imposing $100,000 civil penalties on Home Defense Team P.A. and LOCN Inc. for the same violation. Additional notices allege unlicensed check-cashing and debt negotiation activities by Rockville Corner Market and Preferred Law, PLLC, respectively, with restitution orders and hearing rights issued.

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State of Connecticut Department of Banking

The Department of Banking News Bulletin

Bulletin # 2651 - Week Ending December 12, 2014

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, Department of Banking, 260 Constitution Plaza, Hartford, CT 06103-1800.  Written comments will be considered only if they are received within ten days from the date of this bulletin.

DEPOSIT INDEX AND INTEREST RATES

Pursuant to Sections 16-262j(d), 47a-21(i)(2) and 49-2a(c) of the Connecticut General Statutes, the Commissioner has determined the deposit index for the calendar year 2015 to be 0.08%.

Calendar Year 2015

Account

Statutory Cite

Interest Rate

Rental security deposits

47a-21(i)(2)

0.08%

Claims for property, funds, or money delivered to the State Treasurer

3-70a(e)

0.08%

Mortgage escrow accounts

49-2a (section requires that the interest rate be not less than the deposit index, rounded to the nearest one-tenth of one percentage point)

0.10%

Public service company, certified telecommunications provider and electric supplier customer security deposits

16-262j(d)

(section requires that the interest rate be not less than the higher of the deposit index, rounded to the nearest one-tenth of one percentage point, or 1.5%)

1.5%

These rates are for the period commencing January 1, 2015 and ending December 31, 2015.

PLEASE NOTE:  Parties required to pay interest under these Sections are advised to review the applicable statute(s) to ensure compliance.  The interest rates provided herein are done so as a convenience to the public; the commissioner has no authority to establish interest rates beyond what is provided in statute.

STATE BANK ACTIVITY

Branch Activity

Section 36a-145 of the Connecticut General Statutes requires certain applications for a branch, or for a limited branch at which loans will be made, be accompanied by a plan detailing how adequate services to meet the banking needs of all community residents will be provided.  Plans are submitted when such applications are filed and are available for public inspection and comment at this Department for a period of 30 days.  Questions concerning branch activity should be directed to the Financial Institutions Division, (860) 240-8180.

Date

Bank

Location

Activity

12/16/14

United Bank

Rockville

117 Washington Avenue

North Haven, CT  06473

Opening

Date

STATE CREDIT UNION ACTIVITY

Branch Activity

Date

Credit Union

Location

Activity

01/31/15

Mutual Security Credit Union

Shelton

*54 Gillotti Road

New Fairfield, CT  06812

Closing

Date

*Address Correction

CONSUMER CREDIT DIVISION ACTIVITY

Consent Order

On December 1, 2014, the Commissioner entered into a Consent Order with Mader Law Group, LLC (“Mader Law Group”), Tampa and West Palm Beach, Florida, American Financial Law Group, LLC (“American Financial Law”), Tampa, Florida, Meridian Law Group, LLC (“Meridian Law Group”), Mt. Pleasant, South Carolina and Tampa, Florida, and Eric Andrew Mader, Esq. (“Mader”) (collectively, “Respondents”).  The Consent Order was based on an investigation by the Consumer Credit Division.  As a result of such investigation, on July 31, 2014, the Commissioner 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 Respondents.  The Commissioner alleged that each Respondent engaged in debt negotiation in this state without the required license, in violation of Section 36a 671(b) of the Connecticut General Statutes in effect prior to October 1, 2011.  As part of the Consent Order, Mader Law Group and Mader were ordered to repay $595 to identified Connecticut residents, American Financial Law and Mader were ordered to repay fees to identified Connecticut residents in identified amounts, and Meridian Law Group and Mader were ordered to repay fees to identified Connecticut residents in identified amounts.  As part of the Consent Order, Respondents paid $1,000 as a civil penalty.

Order to Cease and Desist and Order Imposing Civil Penalty

On December 1, 2014, the Commissioner issued an Order to Cease and Desist and Order Imposing Civil Penalty (“Order”) In the Matter of: Home Defense Team P.A. (“Respondent”), Boca Raton, Florida.  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, as amended by Public Act 14-7.  Respondent was ordered to cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, as amended, and to pay a civil penalty in the amount of $100,000.  In addition, an Order of Restitution previously issued against Respondent on October 23, 2014, remains in effect and became permanent on November 7, 2014.

On December 3 2014, the Commissioner issued an Order to Cease and Desist and Order Imposing Civil Penalty (“Order”) In the Matter of: LOCN Inc. d/b/a United Relief Services (“Respondent”), Newport Beach, 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, as amended by Public Act 14-7.  Respondent was ordered to cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, as amended, and to pay a civil penalty in the amount of $100,000.  In addition, an Order of Restitution previously issued against Respondent on September 25, 2014, remains in effect and became permanent on October 14, 2014.

Notice of Intent to Issue Order to Cease and Desist and Notice of Intent to Impose Civil Penalty

On December 2, 2014, the Commissioner issued a Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing (“Notice”) in the Matter of: G.N.P.K. of Rockville LLC d/b/a Rockville Corner Market a/k/a Rockville Convenience Store (“Respondent”), Vernon, Connecticut.  The Notice was the result of an investigation by the Consumer Credit Division.  The Commissioner alleges that Respondent engaged in the business of cashing checks, drafts or money orders for consideration without licensure for a general facility or limited facility, in violation of Section 36a-581(a) of the Connecticut General Statutes, and charged fees in excess of 2% for cashing money orders, in violation of Section 36a-585 of the Connecticut General Statutes and Section 36a 585 1(a) of the Regulations of Connecticut State Agencies.  Respondent was afforded an opportunity to request a hearing with regard to the allegations set forth in the Notice.

Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist and Notice of Intent to Impose Civil Penalty

On December 2, 2014, the Commissioner 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 “Notice”) in the Matter of: Preferred Law, PLLC (“Respondent”), Salt Lake City and Sandy, Utah.  The Notice was the result of an investigation by the Consumer Credit Division.  The Commissioner alleges that Respondent engaged in debt negotiation in this state without obtaining the required license, in violation of Section 36a-671 of the Connecticut General Statutes.  As part of the Order to Make Restitution, Respondent was ordered to repay fees to an identified Connecticut resident in amount identified plus interest, and to repay any other Connecticut resident who entered into an agreement for debt negotiation services with Respondent on and after October 1, 2009, any fees paid by such Connecticut resident to Respondent plus interest.  The Commissioner also found that public welfare required the issuance of a Temporary Order to Cease and Desist against Respondent.  Respondent was afforded an opportunity to request a hearing with regard to the allegation set forth in the Notice.

Dated:  Tuesday, December 16, 2014

Howard F. Pitkin Banking Commissioner