Order Against Roger's Auto Sales for Unlicensed Installment Sales

FILED
2023 NOV 20 AM 10:35
PA DEPARTMENT OF
BANKING AND SECURITIES
0043

6. Under the CCCi installment sellers must submit a yearly rene\val license application to the
   Department at least fifteen days prior to October l of each year. 12 Pa. C.S. § 6216.
7. The Deparhnent cancelled Roger's license effective on October 1, 2023. 12 Pa. C.S. § 62ll(b)(2).
8. Roger's applied for an installment seller license and \vas issued license number 106495 on
   November 6, 2023.
9. The con1pany entered into motor vehicle installment sale contracts between October l, 2023 and
   November Si 2023, \vhen it was not licensed to do so.
   Authority of the Department
10. The CCC grants the Department the authority to issue orders as may be necessary for the enforcernent
    of the CCC, 12 Pa. C.S. § 6203(a)(5).
11. Section 6274 of the CCC provides that"[ a] person required to be licensed under this chapter that
    violates this chapter, directs a violation of this chapter or engages in an activity for which a license could be suspended or revoked under section 6218 (relating to revocation or suspension of license) shall be subject to a civil penalty levied by the department of not more than $2,000 for each offense." 12 Pa. C.S. § 6274. VIOLATIONS
12. Roger's vioiated Section 621l(a)(l) of the CCC when it engaged in the business of an Installment
    Seller while unlicensed. 12 Pa. C.S. § 62ll(a)(l).
    RELIEF
13. Fine. Roger's agrees to pay a fine of two hundred fifty dollars ($250 dollars) due wi1hin thirty (30)
    days of the Effective Date of the Order. The fine payment shall be made through the Department's secure portal at https://www.portal.dobs.pa.gov. FURTHER PROVISIONS
14. Consent. Roger's hereby knowingly, willingly, voluntarily and irrevocably consents to the entry of
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this Order pursuant to the Department's order authority under the CCC and agrees that it understands all of the terms and conditions contained herein. Roger's, by voluntarily entering into this Order, \Vaives any right to a hearing or appeal concerning the terms, conditions and/or penalties set forth in this Order.
15. Consumer's llights. This Order shall not limit or impair a consun1er's rights under the CCC. 12 Pa.
c.s. § 6236.
16. Publication. The Depa1tment will publish this Order pursuant to its authority in Section 302.A.(5) of
the Department of Banking and Securities Code. 71P.S.§733-302.(A).(S).
17. Entire Agreement. This Order contains the whole agreement bet\veen the parties. TI1ere are no other
tern1s, obligations, covenants, representations, statements, conditions, or othenvisc, of any kind whatsoever concerning this Order. This Order may be amended in writing by mutual agreement by the Office and Roger's.
18. Binding Nature. The Department, Roger's, and all officers, owners, directors, employees, heirs, and
assigns of Roger's intend to be and are legally bound by the terms of tliis Order.
19. Counsel. This Order is subject to review by the Depruttnent's Legal Division. TI1is Order is entered
into by the parties upon full opportunity for legal advice from legal counsel.
20. Effectiveness. Roger's hereby stipulates and agrees that the Order shall become effective on the date
that the Office executes this Order ("Effective Date").
21. Other Enforcement Action.
a. The Department reserves all of its rightsi duties, and authority to enforce all statutes, rules and regulations under its jurisdiction against Roger's in the future regarding all matters not resolved by this Order. b. Roger's acknowledges and agrees that this Order is only binding upon the Department and not any other local, state or federal agency, department or office regarding tnatters within this Order. .22. Authorization. The parties below are authorized to execute this Order and legally bind their respective parties. 3

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