DOB: Rose Marie Hollander Attorney at Law - CO

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IN THE MATTER OF:

ROSE MARIE HOLLANDER
ATTORNEY AT LAW
d/b/a CONSULT LAW GROUP

      ("Hollander")

   
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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, Hollander is a purported California professional law corporation with an office at 17195 Newhope Street, Suite 110, Fountain Valley, California, and a prior office at 4533 MacArthur Boulevard, Suite 537, Newport Beach, California;

WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation pursuant to Section 36a-17(a) of the 2012 Supplement to the General Statutes into the activities of Hollander to determine if Hollander had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
 
WHEREAS, as a result of such investigation, on August 10, 2012, the Commissioner, acting pursuant to Section 36a-52(b) of the Connecticut General Statutes, Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Sections 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 against Hollander (“Notice”), which Notice is incorporated by reference herein;

WHEREAS, on August 10, 2012, the Notice was mailed to Hollander by certified mail, return receipt requested (Certified Mail No. 70110470000225730225);
 
WHEREAS, on September 4, 2012, Hollander received the Notice and, on September 10, 2012, Hollander requested a hearing, which hearing is currently subject to an open-ended continuance;
 
WHEREAS, the Notice alleged that Hollander engaged in debt negotiation in this state without obtaining the required license, which constitutes a violation of Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011;

WHEREAS, the Commissioner also found in the Notice that the fees charged by Hollander for debt negotiation services were excessive and ordered, pursuant to Section 36a-671a(c) of the 2012 Supplement to the General Statutes and Section 36a-52(b) of the Connecticut General Statutes, that not later than 10 days from Hollander’s receipt of the Notice, Hollander provide repayment of the balance of the fees to identified Connecticut residents and provide repayment of all fees paid by certain other identified Connecticut residents and, among other things, 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 Hollander now desire to resolve the matters alleged in the Notice and set forth herein;
 
WHEREAS, Hollander 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, by letter dated September 22, 2011, Hollander represents that there were a total of thirteen (13) Connecticut residents who had engaged the services of Hollander and whom had paid fees to Hollander;
 
WHEREAS, by email dated October 5, 2012, Hollander represents that as of December 31, 2009, Hollander ceased and desisted from engaging or offering to engage in debt negotiation in this state;
 
WHEREAS, by letters dated November 25 and December 25, 2011, and January 23, 2012, Hollander provided evidence that Hollander had refunded $900 to one of the Connecticut residents;
 
WHEREAS, Hollander herein represents that Hollander is not aware of any additional Connecticut clients who had retained Hollander for debt negotiation services since October 1, 2009;
 
WHEREAS, on January 7 and March 27, 2013, Hollander submitted evidence demonstrating economic hardship such that the Commissioner believes that Hollander is financially incapable of paying any civil penalty that otherwise would have been imposed on Hollander or repaying the remaining balance of the fees paid to Hollander by Connecticut residents;
 
WHEREAS, Hollander specifically assures the Commissioner that the alleged violations contained in the Notice and set forth herein shall not occur in the future;
 
WHEREAS, Hollander 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, Hollander, through Hollander’s execution of this Consent Order, voluntarily agrees to waive Hollander’s 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 Hollander’s right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.


CONSENT TO ENTRY OF SANCTIONS

WHEREAS, Hollander, through Hollander’s execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:

1. Hollander shall immediately cease and desist from engaging or offering to engage in unlicensed debt negotiation activity in Connecticut, in violation of Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011, and Section 36a-671(b) of the Connecticut General Statutes; and
2. Commencing on the date this Consent Order is executed by the Commissioner, Hollander shall be PERMANENTLY BARRED from engaging or offering to engage in debt negotiation in Connecticut in any capacity.


 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 Hollander based upon the allegations contained herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Hollander 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 Hollander and reflected herein is subsequently discovered to be untrue; and
3. This Consent Order shall become final when issued.


Issued at Hartford, Connecticut
this 1st day of May 2013.                  ________/s/_________
                                                     Howard F. Pitkin
                                                     Banking Commissioner



I, Rose Marie Hollander, state on behalf of Rose Marie Hollander, Attorney at Law d/b/a Consult Law Group, 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 Rose Marie Hollander, Attorney at Law d/b/a Consult Law Group; that Rose Marie Hollander, Attorney at Law d/b/a Consult Law Group agrees freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that Rose Marie Hollander, Attorney at Law d/b/a Consult Law Group voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.

                                               By:  ________/s/_________  
                                                     Name:  Rose Marie Hollander
                                                     Title:  
                                                     Rose Marie Hollander, Attorney at Law
                                                     d/b/a Consult Law Group
                                                    

State of:  California

County of:  Orange


On this the 24th day of April 2013, before me, Willie W. Knowles, the undersigned officer, personally appeared Rose Marie Hollander who acknowledged himself/herself to be the Owner of Rose Marie Hollander, Attorney at Law d/b/a Consult Law Group, a California professional law corporation, and that he/she as such Owner, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the professional law corporation by himself/herself as Owner.

In witness whereof I hereunto set my hand.


                                                       _________/s/_________
                                                       Notary Public  
                                                       Date Commission Expires:  Sept. 30, 2014



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