DOB: Torrington Payment Center LLC - CO

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IN THE MATTER OF:

TORRINGTON PAYMENT
CENTER LLC

      ("Torrington Payment Center")

   
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CONSENT ORDER        

WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part IV of Chapter 668, Sections 36a-580 to 36a-589, inclusive, of the Connecticut General Statutes, “Check Cashing Services”, and Sections 36a-585-1, 36a-588-1, 36a-588-3 and 36a-588-4 of the Regulations of Connecticut State Agencies (“Regulations”);
 
WHEREAS, Torrington Payment Center is a Connecticut limited liability company that at all times relevant hereto has been licensed to operate a main office—general facility to engage in the business of cashing checks, drafts or money orders for consideration at 264 Main Street, Torrington, Connecticut;
 
WHEREAS, Hajaj Odimeh (“Odimeh”) is the Member/Owner and authorized agent of Torrington Payment Center;
 
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation pursuant to Section 36a-17 of the 2012 Supplement to the General Statutes, as amended by Public Act 12-96, into the activities of Torrington Payment Center to determine if it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes and Regulations within the jurisdiction of the Commissioner;
 
WHEREAS, as a result of such investigation, on November 14, 2012, the Commissioner, acting pursuant to Sections 36a-587(a) and 36a-587(a)(4) of the Connecticut General Statues, subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, Sections 36a-52(a) of the Connecticut General Statutes and 36a-50(a) of the Connecticut General Statutes, as amended by Public Act 12-96, issued a Notice of Intent to Revoke Check Cashing Service License, 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 Torrington Payment Center, which Notice is incorporated herein by reference;
 
WHEREAS, on November 15, 2012, the Notice was sent by certified mail, return receipt requested, to Torrington Payment Center;
 
WHEREAS, on November 19, 2012, Torrington Payment Center received the Notice, and no request for a hearing has been received by the Commissioner;
 
WHEREAS, the Commissioner alleged in the Notice that Torrington Payment Center’s failure to timely provide the Commissioner with a detailed report of the corrective action taken as a result of a Report of Examination dated February 22, 2012 (“ROE”) renders the Commissioner unable to determine that Torrington Payment Center is in all respects properly qualified and of good character and that the granting of such license would not be against the public interest.  Such failure would be sufficient grounds for the Commissioner to deny an application for a check cashing service license under Sections 36a-581(e)(1) and 36a-581(e)(5) of the 2012 Supplement to the General Statutes, which would be sufficient grounds for the Commissioner to revoke Torrington Payment Center’s check cashing service license pursuant to Section 36a-587(a) of the Connecticut General Statutes and subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes;
 
WHEREAS, the Commissioner also alleged in the Notice that Odimeh’s failure to timely provide the Commissioner with a detailed report of the corrective action taken as a result of the ROE renders the Commissioner unable to determine that a member and authorized agent of Torrington Payment Center is in all respects properly qualified and of good character and that the granting of such license would not be against the public interest.  Such failure would be sufficient grounds for the Commissioner to deny an application for a check cashing service license under Sections 36a-581(e)(4) and 36a-581(e)(5) of the 2012 Supplement to the General Statutes, which would be sufficient grounds for the Commissioner to revoke Torrington Payment Center’s check cashing service license pursuant to Section 36a-587(a) of the Connecticut General Statutes  and subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes;
 
WHEREAS, the Commissioner additionally alleged in the Notice that Torrington Payment Center’s failure to timely provide the Commissioner with a detailed report of the corrective action taken as a result of the ROE causes Torrington Payment Center to demonstrate incompetency or untrustworthiness to act as a licensed check cashing service.  Such failure would be sufficient grounds for the Commissioner to revoke Torrington Payment Center’s check cashing service license pursuant to Section 36a-587(a)(4) of the Connecticut General Statutes and subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes;

WHEREAS, the Commissioner further alleged in the Notice that Torrington Payment Center’s failure to timely provide the Commissioner with a detailed report of the corrective action taken as a result of the ROE constitutes a failure by Torrington Payment Center to fully cooperate with the Commissioner, in violation of Section 36a-17(d) of the 2012 Supplement of the General Statutes, as amended.  Such violation forms the basis to issue an order to cease and desist pursuant to Section 36a-52(a) of the Connecticut General Statutes and impose a civil penalty pursuant to Section 36a-50(a) of the Connecticut General Statutes, as amended;
 
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 Torrington Payment Center now desire to resolve the matters alleged in the Notice and set forth herein;
 
WHEREAS, Torrington Payment Center voluntarily agrees to consent to the entry of the sanction 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, on October 27, 2014, Torrington Payment Center completed providing the Commissioner with its detailed report of corrective action taken as a result of the ROE;
 
WHEREAS, Torrington Payment Center and Odimeh specifically assure the Commissioner that the violations described in the Notice and set forth herein shall not occur in the future;
 
WHEREAS, Torrington Payment Center 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, Torrington Payment Center, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including an opportunity for 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 SANCTION

WHEREAS, Torrington Payment Center, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanction:

Torrington Payment Center shall remit to the Department of Banking the sum of Five Thousand Dollars ($5,000) as a civil penalty in two installments by cashier’s check, certified check or money order made payable to “Treasurer, State of Connecticut” as follows:  (1) the first payment of Two Thousand Five Hundred Dollars ($2,500) shall be remitted no later than the date this Consent Order is executed by Torrington Payment Center; and (2) the second payment of Two Thousand Five Hundred Dollars ($2,500) shall be remitted no later than sixty (60) days following the date this Consent Order is executed by Torrington Payment Center.

CONSENT ORDER

NOW THEREFORE, the Commissioner enters the following:

1.The Sanction set forth above be and is 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 Torrington Payment Center  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 Torrington Payment Center or Odimeh 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 Torrington Payment Center and reflected herein is subsequently discovered to be untrue;
3.Nothing in the issuance of this Consent Order shall adversely affect the ability of Torrington Payment Center to apply for or obtain a license or renewal license for a main office—general facility or limited facility under Part IV of Chapter 668, Sections 36a-580, et seq. of the Connecticut General Statutes, provided all applicable legal requirements for such license are satisfied; and
4.This Consent Order shall become final when issued.


Issued at Hartford, Connecticut
this 21st day of November 2014.       _______/s/_________
                                                     Howard F. Pitkin
                                                     Banking Commissioner


I, Hajaj Odimeh, state on behalf of Torrington Payment Center LLC, 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 Torrington Payment Center LLC; that Torrington Payment Center LLC agrees freely and without threat or coercion of any kind to comply with the sanction entered and terms and conditions ordered herein; and that Torrington Payment Center LLC 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:  Hajaj Odimeh
                                                  Title:  Member/Owner
                                                  Torrington Payment Center

State of:  Connecticut

County of:  Hartford


On this the 20th day of November 2014, before me, Stephen H. Solomson, the undersigned officer, personally appeared Hajaj Odimeh who acknowledged himself to be the member/owner of Torrington Payment Center LLC, a member managed/manager managed limited liability company, and that he/she as such Hajaj Odimeh, 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 as member/owner.

In witness whereof I hereunto set my hand.


                                                       __________/s/________
                                                       Commissioner of the Superior Court



Administrative Orders and Settlements