The Banking Commissioner (“Commissioner”) is charged with the administration of Part XII of Chapter 669, Sections 36a-800 to 36a-810, inclusive, of the Connecticut General Statutes, “Consumer Collection Agencies”, and the regulations promulgated thereunder (Sections 36a-809-6 to 36a-809-17, inclusive, of the Regulations of Connecticut State Agencies) (“Regulations”).

Pursuant to the authority granted by Section 36a-17 of the Connecticut General Statutes, the Commissioner, through the Consumer Credit Division (“Division”) of the Department of Banking, has investigated the activities of Respondent to determine if it has violated, is violating or is about to violate the provisions of the Connecticut General Statutes. 

Section 36a-17(a) of the Connecticut General Statutes provides that:

Section 36a-52(a) of the Connecticut General Statutes provides, in pertinent part, that:

Section 36a-50(a) of the Connecticut General Statutes provides, in pertinent part, that:

Section 36a-804(b) of the Connecticut General Statutes provides, in pertinent part, that:

1.	Respondent is a Texas limited liability company with an office at 12801 North Central Expressway, Suite 250, Dallas, Texas.
2.	During the period of November 26, 2007 through November 6, 2008, a sales finance company located in Connecticut referred at least eight accounts to Respondent for collection of outstanding balances from consumer debtors located in Connecticut.  Subsequently, Respondent provided the sales finance company with monthly progress reports of its collection activity with respect to the eight accounts.
3.	At no time relevant hereto was Respondent licensed to act as a consumer collection agency in Connecticut nor was Respondent otherwise exempt from licensure.
4.	By letter dated February 9, 2010, sent by certified mail, return receipt requested, the Division informed Respondent that it had information indicating that Respondent was acting as a consumer collection agency in the state of Connecticut without requisite licensure.
5.	By letter dated February 15, 2010, Respondent stated that “[t]he office of Anderson, Crenshaw & Associates, L.L.C. no longer conducts the business of debt collection upon consumers located within the State of Connecticut”.

Section 36a-800(1) of the Connecticut General Statutes provides, in pertinent part, that:

Section 36a-800(2) of the Connecticut General Statutes provides, in pertinent part, that:

Section 36a-801(a) of the Connecticut General Statutes provides, in pertinent part, that:

Respondent’s acting within this state as a consumer collection agency without a consumer collection agency license, as more fully described in paragraphs 1 through 5, inclusive, of the Matters Asserted, constitutes a violation of Section 36a-801(a) of the Connecticut General Statutes.  Such violation forms the basis to issue an order to cease and desist pursuant to Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes and an order imposing civil penalty pursuant to Sections 36a-804(b) and 36a-50(a) of the Connecticut General Statutes.  Section 36a-50(a) of the Connecticut General Statutes authorizes the Commissioner to impose a civil penalty upon Respondent in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation.  The Commissioner intends to impose a maximum civil penalty upon Respondent not to exceed Twenty Five Thousand Dollars ($25,000), subject to Respondent’s right to a hearing on the allegations set forth above.

WHEREAS, the Commissioner has reason to believe that Respondent has engaged in acts or conduct which forms a basis to issue an order to cease and desist against Respondent pursuant to Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes and to impose a civil penalty pursuant to Sections 36a-804(b) and 36a-50(a) of the Connecticut General Statutes.

NOW THEREFORE, notice is hereby given to Respondent that the Commissioner intends to issue an order requiring Respondent to CEASE AND DESIST from violating Section 36a-801(a) of the Connecticut General Statutes and impose a CIVIL PENALTY upon Respondent as set forth herein, subject to its right to a hearing on the allegations set forth above.

A hearing will be granted to Respondent if a written request for a hearing is received by the Department of Banking, Consumer Credit Division, 260 Constitution Plaza, Hartford, Connecticut 06103-1800 within fourteen (14) days following its receipt of this Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing as set forth in Sections 36a-50(a) and 36a-52(a) of the Connecticut General Statutes.  This Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing shall be deemed received on the earlier of the date of actual receipt, or seven days after mailing or sending.  The enclosed Appearance and Request for Hearing Form must be completed and mailed to the above address.  If Respondent will not be represented by an attorney at the hearing, please complete the Appearance and Request for Hearing Form as “pro se”.  Once a written request for a hearing is received, the Commissioner may issue a notification of hearing and designation of hearing officer that acknowledges receipt of a request for a hearing, designates a hearing officer and sets the date of the hearing in accordance with Section 4-177 of the Connecticut General Statutes and Section 36a-1-21 of the Regulations of Connecticut State Agencies.  If a hearing is requested, the hearing will be held on June 16, 2011, at 10 a.m. at the Department of Banking, 260 Constitution Plaza, Hartford, Connecticut.

The hearing will be held in accordance with the provisions of Chapter 54 of the Connecticut General Statutes, unless Respondent fails to appear at the requested hearing.  At such hearing, Respondent will have the right to appear and present evidence, rebuttal evidence and argument on all issues of fact and law to be considered by the Commissioner.

If Respondent does not request a hearing within the time prescribed, the Commissioner will issue an order that Respondent cease and desist from violating Section 36a-801(a) of the Connecticut General Statutes, and may order a civil penalty in an amount not to exceed Twenty Five Thousand Dollars ($25,000) be imposed upon Respondent.

Issued at Hartford, Connecticut
this 9th day of May 2011.                ________/s/_________
                                                   Howard F. Pitkin
                                                   Banking Commissioner

I hereby certify that on this 10th day of May 2011, the foregoing Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing was sent by registered mail, return receipt requested, to Anderson, Crenshaw & Associates, L.L.C. d/b/a Debt Liquidation Group, Attention:  Thomas P. Backal, CEO, 12801 North Central Expressway, Suite 250, Dallas, Texas 75243, registered mail no. RB028037875US.

                                                   ________/s/_________

                                                   Doniel Kitt
                                                   Prosecuting Attorney

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