DOB: Jensen Legal Group, PLLC - CO

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IN THE MATTER OF:

JENSEN LEGAL GROUP, PLLC

       ("Jensen")           

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CONSENT ORDER        

WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Sections 36a-671 to 36a-671d, inclusive, of the Connecticut General Statutes, contained in Part II of Chapter 669 of the Connecticut General Statutes, “Debt Adjusters and Debt Negotiation”;
 
WHEREAS, Jensen is a Texas professional limited liability company with a place of business at 2591 Dallas Parkway, Suite 300, Frisco, Texas;

WHEREAS, the Commissioner, through the Consumer Credit Division (“Division”) of the Department of Banking (“Department”), conducted an investigation pursuant to Section 36a-17(a) of the Connecticut General Statutes into the activities of Jensen to determine if it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;

WHEREAS, on May 13, 2011, the Commissioner, acting pursuant to Sections 36a-52(b), 36a-671a(b), 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued 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 (collectively “Notice”) against Jensen, which Notice is incorporated herein by reference;

WHEREAS,
on May 16, 2011, the Notice was sent by registered mail, return receipt requested, to Jensen (Registered Mail No. RB028020155US) and to Jensen’s registered agent (Registered Mail No. RB028020186US);
 
WHEREAS, on May 20, 2011, Jensen’s registered agent received the Notice and on May 23, 2011, Jensen received the Notice;
 
WHEREAS, the Notice provided Jensen with the opportunity for a hearing, and stated that if a hearing was not requested by Jensen within 14 days of Jensen’s receipt, the Commissioner would issue an order that Jensen cease and desist from violating Sections 36a-671(b) and 36a-671b(b) of the Connecticut General Statutes, issue an order for repayment of fees or charges to an identified Connecticut resident, and may order a civil penalty in an amount not to exceed Thirty-Five Thousand Dollars ($35,000) be imposed upon Jensen;
 
WHEREAS, on May 31, 2011, Jensen’s counsel requested a hearing on behalf of Jensen, which hearing is currently subject to an open-ended continuance;
 
WHEREAS, the Commissioner alleged in the Notice, with respect to the activity described therein, that Jensen’s engaging in debt negotiation in this state without obtaining the required license constitutes a violation of Section 36a-671(b) of the Connecticut General Statutes.  Such alleged 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 and to impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut;
 
WHEREAS, the Commissioner also alleged in the Notice, with respect to the activity described therein, that Jensen’s engaging in debt negotiation on and after October 1, 2009, with at least one (1) Connecticut resident and collecting fees under terms which did not comply with Section 36a-671b(b) of the Connecticut General Statutes and the Schedule of Maximum Fees constitutes a violation of Section 36a-671b(b) of the Connecticut General Statutes.  Such alleged 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 and to impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut;
 
WHEREAS, as part of the Temporary Order to Cease and Desist, the Commissioner ordered, pursuant to Sections 36a-52(b) and 36a-671a(c) of the Connecticut General Statutes, that not later than 10 days from receipt of the Order, Jensen:

1. Provide repayment of $3,000 to the Connecticut resident identified in Exhibit A to the Notice by cashier’s check, certified check or money order; and
2. Provide to the Director of the Division evidence of such repayment and a list of all Connecticut residents with whom it had entered into agreements for debt negotiation services to date where such agreements were entered into on or after October 1, 2009.  Such submission was to include:  (a) a copy of each agreement, and (b) a list of each debtor’s name and address and full itemization of each debtor’s payments made pursuant to the agreement, specifying the dates, amounts and recipients of such payments.

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 Jensen now desire to resolve the matters alleged in the Notice and set forth herein;
 
WHEREAS, Jensen voluntarily agrees to consent to the entry of the sanctions described below without admitting or denying any allegation contained in the Notice and set forth herein and solely for the purpose of obviating the need for further formal administrative proceedings concerning the allegations contained in the Notice and set forth herein;
 
WHEREAS, Jensen herein represents that in or about April 2011, Jensen ceased and desisted from offering to engage in debt negotiation in this state or taking on any new Connecticut-based clients for debt negotiation matters;

WHEREAS, Jensen agrees that the Notice may be used in construing the terms of this Consent Order and agrees to the language of this Consent Order;
 
AND WHEREAS, Jensen, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to a hearing as it pertains to the allegations contained in the Notice and 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, Jensen, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:

1. Jensen shall immediately cease and desist from violating Sections 36a-671(b) and 36a-671b(b) of the Connecticut General Statutes;
2. Within five (5) business days from the date Jensen executes this Consent Order, Jensen shall repay fees to the Connecticut residents in the amounts 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 repayments;
3. Within five (5) business days from the date Jensen executes this Consent Order, Jensen shall remit the sum of Seven Thousand Five Hundred Dollars ($7,500) to the Department as a civil penalty by cashier’s check, certified check or money order, made payable to “Treasurer, State of Connecticut”;
 
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 Jensen based upon the allegations contained in the 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 Jensen 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 Jensen and reflected herein is subsequently discovered to be untrue;
3. Upon issuance of this Consent Order by the Commissioner, and so long as Jensen complies with the terms of this Consent Order, nothing in the issuance of this Consent Order shall adversely affect the ability of Jensen to apply for or obtain renewal licenses 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 14th day of March 2013.              ________/s/_________
                                                     Howard F. Pitkin
                                                     Banking Commissioner



I, Victoria Jensen, state on behalf of Jensen Legal Group, PLLC, 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 Jensen Legal Group, PLLC; that Jensen Legal Group, PLLC agrees freely and without threat or coercion of any kind to comply with the provisions of this Consent Order; and that Jensen Legal Group, PLLC voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth hereiin as to the mattters described herein.  

                                                 By:________/s_________
                                                      Name:  Victoria Jensen
                                                      Title:  Member
                                                      Jensen Legal Group, PLLC

                                                 
State of:  Texas

County of:  Collin


On this the 5th day of March 2013, before me, Shannon Straley, the undersigned officer, personally appeared Victoria Jensen who acknowledged himself/herself to be the Member of Jensen Legal Group, PLLC, a member managed/manager managed limited liability company, and that he/she as such Member, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company by himself/herself as Member.

In witness whereof I hereunto set my hand.


                                                       _________/s/_________
                                                       Notary Public  
                                                       Date Commission Expires:  September 25, 2014


 


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