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IN THE MATTER OF:
NMLS # 171598
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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, the Commissioner, through the Consumer Credit Division (“Division”) of the Department of Banking, conducted an investigation pursuant to Section 36a-17(a) of the Connecticut General Statutes into the activities of Haggerty to determine if he 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 July 10, 2013, the Commissioner, acting pursuant to Sections 36a-671a(b), 36a-50(c), 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued an 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 against Haggerty, among others (“Notice”), which Notice is incorporated herein by reference;
WHEREAS, on July 11, 2013, the Notice was sent to Haggerty by certified mail, return receipt requested (Certified Mail No. 70121010000173171857);
WHEREAS, on July 15, 2013, Haggerty received the Notice;
WHEREAS, on July 26, 2013, Haggerty requested a hearing, which hearing is currently scheduled for November 12, 2013;
WHEREAS, the Commissioner alleges in the Notice that Haggerty 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 in effect prior to October 1, 2011;
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 Haggerty now desire to resolve the matters alleged in the Notice against Haggerty and set forth herein;
WHEREAS, Haggerty 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 allegation against Haggerty contained in the Notice and set forth herein;
WHEREAS, Haggerty herein represents that he has refunded the fees paid to Integrity Modification Co. d/b/a Integrity Mortgage Modification (“Integrity”) by the Connecticut resident identified in Exhibit A attached hereto and is unaware of the identity or contact information of any other Connecticut resident who may have retained Integrity for debt negotiation services since October 1, 2009;
WHEREAS, Haggerty specifically assures the Commissioner that the violation contained in the Notice against Haggerty and set forth herein shall not occur in the future;
WHEREAS, Haggerty 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, Haggerty, through his execution of this Consent Order, voluntarily agrees to waive his procedural rights, including an opportunity for hearing as it pertains to the allegation contained in the Notice against him and set forth herein, and voluntarily waives his right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.
CONSENT TO ENTRY OF SANCTIONS
WHEREAS, Haggerty, through his execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:
||Haggerty shall immediately cease and desist from engaging or offering to engage in debt negotiation in Connecticut without a license, in violation of Section 36a-671(b) of the Connecticut General Statutes; and|
||No later than the date this Consent Order is executed by Haggerty, Haggerty shall: (a) repay all fees paid to Integrity for debt negotiation services on and after October 1, 2009 by the Connecticut resident identified in Exhibit A attached hereto, by cashier’s check, certified check or money order, and (b) provide satisfactory evidence of such repayment to: Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or firstname.lastname@example.org. |
NOW THEREFORE, the Commissioner enters the following:
||The Sanctions set forth above be and are hereby entered;|
||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 Haggerty based upon the allegation contained herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Haggerty 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 Haggerty and reflected herein is subsequently discovered to be untrue; and |
||This Consent Order shall become final when issued.|
Issued at Hartford, Connecticut
this 2nd day of December 2013.
Howard F. Pitkin
I, Todd Haggerty, state that I have read the foregoing Consent Order; that I know and fully understand its contents; that I agree freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that I voluntarily agree to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
State of: Connecticut
County of: New Haven
On this the 29th day of November 2013, before me Patrick W. Frazier, the undersigned officer, personally appeared Todd Haggerty known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand.
Commissioner of the Superior Court
Date Commission Expires: