Petitioner: OFFICE OF FINANCIAL REGULATION
Respondent: E-Z PAYDAY, INC.
Judges: DARREN A. SCHWARTZ
Agency: Office of Financial Regulation
Locations: West Palm Beach, Florida
Filed: Sep. 30, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 31, 2014.
Latest Update: Dec. 24, 2024
Index:
STATE OF FLORIDA
OFFICE OF FINANCIAL REGULATION
IN RE: Administrative Proceeding Docket
E-Z PAYDAY, INC. Number: 54249F-F
Respondent.
ADMINISTRATIVE COMPLAINT
Comes now, the State of Florida, Office of Financial Regulation, (“Office”) and files this
Administrative Complaint against E-Z PAYDAY, INC. (“Respondent”), alleging:
GENERAL ALLEGATIONS
1. Pursuant to section 560.105, Florida Statutes, the Office is charged with the
responsibility of administering and enforcing the provisions of Chapter 560, Florida Statutes.
2. Pursuant to section 560.109, Florida Statutes, the Office may conduct examinations
and investigations to determine whether any provision of Chapter 560, Florida Statutes, has been
violated.
3. Pursuant to section 560.114(1)(a), Florida Statutes, failure to comply with any
provision of Chapter 560, Florida Statutes, or related rule or order, or any written agreement
entered into with the Office, constitutes grounds for disciplinary action.
4. Respondent was at all times material to this Administrative Complaint, a Part III
Money Services Business licensee pursuant to Chapter 560, Florida Statutes, having been issued
license number FT30900461.
Administrative Proceeding Docket No. 54249F-F
In re: E-Z Payday, Inc.
Page 1 of 7
5. Respondent’s address of record with the Office is 1002 20" Place, Vero Beach,
Florida 32960 and its mailing address of record is 3630 Gardens Parkway, Suite 1001, Palm
Beach Gardens, Florida 33410. The owner is Dominic Giambona.
6. On or about November 21, 2013, the Office conducted an examination (#47689) of
Respondent’s business records that included the period of September 1, 2008 through September
30, 2013.
COUNT I
7. The above general allegations are hereby re-alleged and incorporated by reference as
if fully stated herein.
8. As part of the examination, the Office reviewed or attempted to review records
regarding all payment instruments cashed by Respondent starting September 1, 2008 through
September 30, 2013.
9. For transactions involving payment instruments exceeding $1000, Respondent failed
to provide in an electronic log the conductor name from the payment instruments cashed and the
branch or location where the payment instrument was accepted.
10. Section 560.310(2)(d), Florida Statutes, provides in part:
(2) If the payment instrument exceeds $1,000, the following
additional information must be maintained or submitted:
(d) The office shall, at a minimum, require licensee to submit the following
information to the check cashing database or electronic log, before entering into
each check cashing transaction for each payment instrument being cashed, in
such format as required by rule:
1. Transaction date.
2. Payor name as displayed on the payment instrument.
3. Payee name as displayed on the payment instrument.
4. Conductor name, if different from the payee name.
5. Amount of the payment instrument.
6. Amount of currency provided.
Administrative Proceeding Docket No. 54249F-F
In re: E-Z Payday, Inc.
Page 2 of 7
7. Type of payment instrument, which may include personal, payroll,
government, corporate, third-party, or another type of instrument.
8. Amount of the fee charged for cashing of the payment instrument.
9. Branch or location where the payment instrument was accepted.
10. The type of identification and identification number presented by the
payee or conductor.
11. Payee’s workers’ compensation insurance policy number or
exemption certificate number, if the payee is a business.
12. Such additional information as required by rule.
[Emphasis added. ]
11. Pursuant to Rule 69V-560.1000(98), Florida Administrative Code, a licensee cited
for failing to maintain an electronic payment instrument log which reports aggregate payment
instruments whose total cashed is greater than $1,000 is subject to a “B” fine, and a “B”
suspension.
12. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for a
“B” fine is $3,500 - $7,500; and pursuant to Rule 69V-560.1000(151), Florida Administrative
Code, the range for a “B” suspension is 10 to 20 days.
13. Thus, from September 1, 2008 through September 30, 2013, Respondent failed to
maintain an electronic payment instrument log which reports aggregate payment instruments
whose total cashed is greater than $1,000, in contradiction and violation of sections 560.1105
Florida Statutes and section 560.310, Florida Statutes.
COUNT Il
14. The above general allegations are hereby re-alleged and incorporated by reference as
if fully stated herein.
15. As part of the examination, the Office reviewed or attempted to review complete
copies of all payment instruments cashed by Respondent between September 1, 2008 and
September 30, 2013.
Administrative Proceeding Docket No. 54249F-F
In re: E-Z Payday, Inc.
Page 3 of 7
16. Ina sample of 189 checks reviewed from 2011, 2012, and 2013, Respondent failed to
provide copies of the backs of the checks in approximately 79% of the checks sampled.
17. Section 560.114(1)(e), Florida Statutes provides that the following action by a money
services business or affiliated party also constitutes grounds for discipline as specified in
subsection 560.114(1), Florida Statutes:
Failure to maintain, preserve, keep available for examination, and produce
all books, accounts, files, or other documents required by this chapter or
related rules or orders, by 31 C.F.R. ss. 103.20, 103.22, 103.23, 103.27,
103.28, 103.29, 103.33, 103.37, 103.41, and 103.125, or by any agreement
entered into with the office.
18. Section 560.1105(1), Florida Statutes provides in part:
Each licensee and its authorized vendors must maintain all books,
accounts, documents, files, and information necessary for determining
compliance with this chapter and related rules for 5 years unless a longer
period is required by other state or federal law.
(1) The records required under this chapter may be maintained by the
licensee at any location identified in its license application or by
amendment to the application. The licensee must make such records
available to the office for examination and investigation in this state
within 3 business days after receipt of a written request.
19. Rule 69V-560.704(2)(a), Florida Administrative Code, provides in part:
(2) Every check casher shall maintain legible records of all payment
instruments cashed. The records shall include the following information
with respect to each payment instrument accepted by the registrant:
(a) A copy of all payment instruments accepted and endorsed by the
licensee to include the face and reverse (front and back) of the payment
instrument. Copies shall be made after each payment instrument has been
endorsed with the legal name of the licensee. Endorsements on all
payment instruments accepted by the check casher shall be made at the
time of acceptance.
Administrative Proceeding Docket No. 54249F-F
In re: E-Z Payday, Inc.
Page 4 of 7
20. Pursuant to Rule 69V-560.1000(5) and Rule 69V-560.1000(16), Florida
Administrative Code, a licensee cited for violating section 560.1105 or 560.114(1)(e), Florida
Statutes for the first time is subject to an “A” fine, and an “A” suspension.
21. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for an
“A” fine is $1,000 - $3,500; and pursuant to Rule 69V-560.1000(151), Florida Administrative
Code, the range for an “A” suspension is 3 to 10 days.
22. Thus, Respondent unlawfully failed to maintain complete copies of all payment
instruments that it cashed between 2011 and 2013, in contradiction and violation of sections
560.1105 and 560.114(1)(e), Florida Statutes and Rule 69V-560.704(2)(a), Florida
Administrative Code.
WHEREFORE, Respondent, E-Z PAYDAY, INC., is hereby notified that the Office
intends to impose a suspension of 21 days and a fine of $7,200.
NOTICE OF RIGHTS
The licensee is entitled to be represented by counsel or other qualified representative.
The licensee also has the right to request a hearing pursuant to sections 120.569 and 120.57,
Florida Statutes. Such request must comply with Rules 28-106.2015 and 28-106.104, Florida
Administrative Code. An Election of Proceeding form is attached for your convenience.
Any such request must be filed as follows:
By Mail or Fax OR By Hand Delivery
Office of Financial Regulation Office of Financial Regulation
P.O. Box 8050 General Counsel’s Office
Tallahassee, FL 32314-8050 The Fletcher Building, Suite 118
Phone: (850) 410-9987 101 East Gaines Street
Fax: (850) 410-9914 Tallahassee, FL 32399-0379
Phone: (850) 410-9987
Administrative Proceeding Docket No. 54249F-F
In re: E-Z Payday, Inc.
Page 5 of 7
TO PRESERVE THE RIGHT TO A HEARING, A WRITTEN RESPONSE MUST BE FILED WITH THE
OFFICE OF FINANCIAL REGULATION WITHIN TWENTY-ONE (21) DAYS AFTER THE RECEIPT
OF THE ADMINISTRATIVE COMPLAINT. SAID RESPONSE MUST BE RECEIVED BY THE OFFICE
NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER THE RECEIPT OF THE
ADMINISTRATIVE COMPLAINT. A FAILURE TO TIMELY RESPOND IN WRITING WILL
CONSTITUTE A WAIVER OF THE LICENSEE’S RIGHT TO REQUEST A HEARING AND A FINAL
ORDER MAY BE ENTERED WITHOUT FURTHER NOTICE.
You may not make an oral request for an administrative hearing. With regard to a written
request, if you fail to follow the outlined procedure, your request may be dismissed. Any request
for an administrative proceeding received prior to the date of this notice is deemed abandoned
and to be considered, must be timely renewed in compliance with the procedure set forth above.
Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available.
DATED and SIGNED this 27 “day of Faust .20/ Y
DREW J. BREAKSPEAR
Commissioner
By: ,. L—
Jenrfy Salys
Assistant General Counsel
Office of Financial Regulation
Fla. Bar No. 0055319
1313 N. Tampa Street, Suite 615
Tampa, FL 33602-3328
(813) 218-5308
Jenny.Salvia@flofr.com
Administrative Proceeding Docket No. 54249F-F
In re: E-Z Payday, Inc.
Page 6 of 7
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative
Complaint has been furnished by certified U.S. mail, Return Receipt Requested to E-Z
PAYDAY, INC., at 3630 Gardens Parkway, Suite 1001, Palm Beach Gardens Florida 33410, this
Ras of Acad 20 Lt
Administrative Proceeding Docket No. 54249F-F
In re: E-Z Payday, Inc.
Page 7 of 7
Docket for Case No: 14-004560
Issue Date |
Proceedings |
Oct. 31, 2014 |
Order Denying Continuance, Closing File, and Relinquishing Jurisdiction. CASE CLOSED.
|
Oct. 30, 2014 |
CASE STATUS: Motion Hearing Held. |
Oct. 29, 2014 |
(Petitioner's) Motion for Continuance filed.
|
Oct. 09, 2014 |
Order of Pre-hearing Instructions.
|
Oct. 09, 2014 |
Notice of Hearing (hearing set for December 2, 2014; 9:00 a.m.; West Palm Beach, FL).
|
Oct. 08, 2014 |
Joint Response to the Initial Order filed.
|
Oct. 01, 2014 |
Initial Order.
|
Sep. 30, 2014 |
Election of Proceedings filed.
|
Sep. 30, 2014 |
Administrative Complaint filed.
|
Sep. 30, 2014 |
Agency referral filed.
|