Petitioner: OFFICE OF FINANCIAL REGULATION
Respondent: PAYSERVICES.COM, INC., D/B/A PAYSERVICES.COM, AND LIONEL DANENBERG
Judges: DARREN A. SCHWARTZ
Agency: Office of Financial Regulation
Locations: West Palm Beach, Florida
Filed: May 31, 2019
Status: Closed
Recommended Order on Monday, December 16, 2019.
Latest Update: Dec. 16, 2019
Summary: Whether Respondents violated the statutes and rules alleged in the Second Amended Administrative Complaint; and, if so, what is the appropriate penalty to be imposed against Respondents.OFR proved by clear and convincing evidence that Respondents failed to timely comply with reporting requirements. Recommended $6,000 fine.
KM_C754e-20191223110752
STATE OF FLORIDA
OFFICE OF FINANCIAL REGULATION
In Re:
PAYSERVICES.COM, INC. d/b/a PAYSERVICES.COM and LIONEL DANENBERG,
Respondents.
Administrative Proceeding Docket No.: 89320
DOAH Case No.: 19-2943
FINAL ORDER
This cause came on for consideration and final agency action. Upon review of the complete record in this case, including the attached Recommended Order, and being otherwise fully advised in the premises, the Commissioner or Designee hereby finds:
The Office of Financial Regulation ("Office") has jurisdiction over the subject matter of this case and the parties hereto.
The entry of this Final Order shall conclude the above-referenced administrative proceeding.
IT IS ACCORDINGLY ORDERED:
The attached Recommended Order is adopted by the Office and incorporated by reference as if fully stated herein.
Respondents shall pay an administrative fine in the amount of Six Thousand Dollars ($6,000) on or before the 31st day following the date of entry of this Final Order. The fine shall be submitted in the form of a money order or cashier's check made payable to: Department of Financial Services, and shall be sent to the attention of Agency Clerk - c/o Joaquin Alvarez, Esq., Post Office Box 8050, Tallahassee, Florida 32314-8050.
1
Filed November 5, 2020 10:35 AM Division of Administrative Hearings
DONE and ORDERED this 2,,,rJ day of Dece""b,I 2019, in Tallahassee, Leon County, Florida.
Commissi er or Designee Office of mancial Regulation
NOTICE OF RIGHTS
A PARTY WHO IS ADVERSELY AFFECTED BY THIS AMENDED FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK FOR THE OFFICE OF FINANCIAL REGULATION AS FOLLOWS:
By Mail or Facsimile OR By Hand Delivery
Agency Clerk
Office of Financial Regulation
P.O. Box 8050
Tallahassee, Florida 32314-8050
Phone: (850) 410-9889
Fax: (850) 410-9663
Agency Clerk
Office of Financial Regulation General Counsel's Office
The Fletcher Building, Suite 118 101 East Gaines Street Tallahassee, Florida 32399-0379
Phone: (850) 410-9889
A COPY OF THE NOTICE OF APPEAL, ACCOMPANIED BY THE FILING FEES AS REQUIRED BYLAW, MUST ALSO BE FILED WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, 2000 DRAYTON DRIVE, TALLAHASSEE, FLORIDA 32399-0950, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITH BOTH THE AGENCY CLERK FOR THE OFFICE OF FINANCIAL REGULATION AND THE DISTRICT COURT OF APPEAL WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order and Notice of Rights has been furnished to Lionel Danenberg at lionel@payservices.com, this --Z.. ro< day of
0ecP ('Alo-< r , 2019.
Agency Clerk
Florida Office of Financial Regulation Tallahassee, FL 32314-8050
Email: Agency.Clerk@flofr.com
Cc: Joaquin Alvarez
Assistant General Counsel Division of Consumer Finance
Docket for Case No: 19-002943
Issue Date |
Proceedings |
Nov. 05, 2020 |
Agency Final Order filed.
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Dec. 16, 2019 |
Order Denying Motions.
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Dec. 16, 2019 |
Recommended Order (hearing held October 16, 2019). CASE CLOSED.
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Dec. 16, 2019 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Dec. 09, 2019 |
Respondent's Response to Office's Response in Opposition to Respondents' Motion to Oppose Petitioner's Motion filed.
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Dec. 06, 2019 |
Office's Response in Opposition to Respondents' Motion to Oppose Petitioner's Motion filed.
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Dec. 02, 2019 |
Motion to Oppose Petitioner's Motion Dated December 2, 2019 (with Exhibits) filed.
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Dec. 02, 2019 |
Office's Response in Opposition to Respondents' Motion to Strike Petitioner's Proposed Recommended Order filed.
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Nov. 27, 2019 |
Motion to Strike Petitioner's Proposed Recommended Order (with Exhbits) filed.
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Nov. 25, 2019 |
Petitioner's Proposed Recommended Order filed.
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Nov. 25, 2019 |
Respondent's Proposed Final Order with Exhibits filed.
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Nov. 14, 2019 |
Notice of Filing Transcript.
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Nov. 14, 2019 |
Transcript of Proceedings (not available for viewing) filed. |
Nov. 12, 2019 |
Notice to the Court filed.
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Oct. 16, 2019 |
CASE STATUS: Hearing Held. |
Oct. 11, 2019 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 11, 2019 |
Notice of Filing Proposed Exhibits filed.
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Oct. 11, 2019 |
Petitioner's Proposed Witness List filed.
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Sep. 18, 2019 |
Notice to the Court in Response to FLOFR's Opposition to the Motion to Recuse Judge Darren A Schwartz filed.
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Sep. 18, 2019 |
Order Denying Second Motion to Recuse.
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Sep. 18, 2019 |
Office's Response in Opposition to Respondents' Motion to Recuse with Affidavit filed.
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Sep. 17, 2019 |
Motion to Recuse Judge Darren A. Schwartz (with Affidavit) filed.
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Sep. 17, 2019 |
Order Denying Motion to Recuse.
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Sep. 16, 2019 |
Office's Motion to Preclude Testimony of Respondent Lionel Danenberg filed.
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Sep. 16, 2019 |
Office's Response in Opposition to Respondents' Motion to Recuse filed.
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Sep. 16, 2019 |
Response to Notice of Ex Parte Communication filed.
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Sep. 16, 2019 |
Notice of Ex Parte Communication.
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Sep. 13, 2019 |
Motion to Recuse Judge Darren A. Schwartz filed.
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Sep. 06, 2019 |
Order Denying Motion to Compel Production of Documents and Granting Motion to Compel Deposition Information.
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Sep. 04, 2019 |
Reply to Respondent's Response to the Office's Motions to Compel filed.
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Sep. 04, 2019 |
Order Granting Motion for Leave to File a Reply to Respondents' Response to the Office's Motion to Compel.
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Sep. 03, 2019 |
Affidavit in Support to the Status Report of the Last Conferences with Petitioner filed.
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Sep. 03, 2019 |
Respondent's Opposition to Petitioner's Motion for Leave to File a Reply to Respondents' Response to the Office's Motions to Compel filed.
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Sep. 03, 2019 |
Motion for Leave to File a Reply to Respondents' Response to the Office's Motions to Compel filed.
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Sep. 03, 2019 |
Respondent Opposition to Petitioner's Motion to Compel Production of Documents and to Compel Deposition Information (with Exhibits) filed.
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Aug. 29, 2019 |
Motion to Compel Production of Documents and to Compel Deposition Information filed.
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Aug. 26, 2019 |
Amended Response to Discovery Request filed.
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Aug. 26, 2019 |
Status Report and Conferral (with the other party) filed.
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Aug. 23, 2019 |
Order Denying Motion for Relief and Dismissal with Exhibits.
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Aug. 22, 2019 |
Office's Response in Opposition to Respondents' Motion to Relief from Judgment and Dismissal filed.
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Aug. 21, 2019 |
Order on Motion to Compel.
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Aug. 15, 2019 |
Motion to Relief from Judgment and Dismissal (with Exhibits) filed.
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Aug. 15, 2019 |
Deposition Status Report (with Exhibits) filed.
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Aug. 15, 2019 |
Unilateral Status Report filed.
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Aug. 13, 2019 |
Respondent's Response to Petitioner's Response in Opposition to Respondent's Second Motion to Compel filed.
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Aug. 12, 2019 |
Office's Response in Opposition to Respondents' 2nd Motion to Compel filed.
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Aug. 06, 2019 |
Motion to Compel Petitioner for Failure to Propoerly Answer Respondent Discovery (Updated) filed.
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Aug. 05, 2019 |
Order Granting Motion for Protective Order and Denying Motion to Compel.
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Aug. 05, 2019 |
Office's Response in Opposition to Respondents' Motions to Compel and Protective Order filed.
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Aug. 02, 2019 |
Motion to Compel Petitioner for Failure to Properly Answer Respondent Discovery filed.
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Aug. 02, 2019 |
Motion to Protective Order filed.
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Aug. 01, 2019 |
Order Granting Motion to Compel and to Continuance Final Hearing (hearing set for October 16, 2019; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
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Jul. 31, 2019 |
Notice to the Court filed.
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Jul. 30, 2019 |
Motion to Compel and Continue filed.
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Jul. 29, 2019 |
Rescheduling of Deposition Notice to the Court filed.
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Jul. 29, 2019 |
Notice to the Court filed.
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Jul. 15, 2019 |
Order Granting Motion for Leave to Amend Administrative Complaint.
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Jul. 11, 2019 |
Objection to the Petitioner's Motion for Leave to Amend the Administrative Complaint filed.
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Jul. 10, 2019 |
Notice of Taking Deposition (of Lionel Danenberg) filed.
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Jul. 08, 2019 |
Motion for Leave to Amend Administrative Complaint filed.
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Jun. 25, 2019 |
Notice of Service of Answers to Request for Production filed.
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Jun. 25, 2019 |
Notice of Service of Answers to Request for Admissions filed.
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Jun. 25, 2019 |
Notice of Service of Answers to Petitioner's Interrogatories filed.
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Jun. 25, 2019 |
Notice of Service of Respondent's First Set of Discovery Requests filed.
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Jun. 19, 2019 |
Order Denying Payservices.com's Motions.
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Jun. 18, 2019 |
Order Granting Lionel Danenberg's Motion to Dismiss.
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Jun. 17, 2019 |
Office's Response in Opposition to Respondents' Motions to Dismiss filed.
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Jun. 11, 2019 |
Summary Judgement and Motion to Dismiss Plaintiffs' Complaint (PayServices.com) filed.
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Jun. 11, 2019 |
Motion to Dismiss Plaintiffs' Complaint (Lionel Danenberg) filed.
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Jun. 11, 2019 |
Order of Pre-hearing Instructions.
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Jun. 11, 2019 |
Notice of Hearing by Video Teleconference (hearing set for August 20, 2019; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
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Jun. 10, 2019 |
Office's Unilateral Response to Initial Order filed.
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Jun. 10, 2019 |
Respondent Response to Initial Order filed.
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Jun. 03, 2019 |
Initial Order.
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May 31, 2019 |
Notice of Service of Petitioner's First Set of Discovery Requests filed.
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May 31, 2019 |
Response by the Respondents filed.
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May 31, 2019 |
Notice to Cease and Desist filed.
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May 31, 2019 |
Amended Administrative Complaint filed.
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May 31, 2019 |
Agency referral filed.
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Orders for Case No: 19-002943
Issue Date |
Document |
Summary |
Dec. 23, 2019 |
Agency Final Order
|
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Dec. 16, 2019 |
Recommended Order
|
OFR proved by clear and convincing evidence that Respondents failed to timely comply with reporting requirements. Recommended $6,000 fine.

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