STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION IN RE: Administrative Proceeding Docket Number: 60673 Ss 3s NATIONWIDE DEBT MANAGEMENT = Fey SOLUTIONS, LLC a, Bos = a4 lp-28% BS = Sey T Respondent. Be Coad - S= ~ ft a a 2 OO ae = 2 ws = — rs) ; we ADMINISTRATIVE COMPLAINT. The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against NATIONWIDE DEBT MANAGEMENT SOLUTIONS, LLC (hereinafter “Respondent”), alleging: GENERAL ALLEGATIONS 1. Pursuant to sections 559.554, Florida Statutes', the Office is charged with administering and enforcing the provisions of Part VI, Chapter 559, Florida Statutes, and conducting examinations and investigations to determine whether any provision of Part VL Chapter 559, Florida Statutes, has been violated. 2. Pursuant to section 559.730(1)(k), Florida Statutes, failure to comply with any provision of Chapter 559, Florida Statutes, or related rule constitutes grounds for disciplinary action. 3. At all times material, Respondent is and has been a registrant with the Office as a consumer collection agency (CCA9902970). All references to the Florida Statutes are to the 2015 version, unless specifically stated otherwise. ATTACHMENT Page 1 of 9 _l_ 4. At all times material, the Office regulated Respondent as a Part VI, Chapter 559, Florida Statutes, consumer collection agency as defined in section 559.55(3), Florida Statutes. 5. At all times material, Respondent’s address of record is and has been 3609 Bradshaw Road, Suite H-229, Sacramento, CA 95827. 6. The Office conducted complaint investigations into Respondent’s practices and procedures. 7. Pursuant to section 559.725(6), Florida Statutes, a registered consumer collection agency must provide a written response within 45 days after receipt of a written request from the Office concerning a consumer complaint. Furthermore, the Office may impose a fine of up to $250 per day upon any registrant that fails to comply. 8. Pursuant to Rule 69V-180.100(5), Florida Administrative Code, the range for an “A” level fine is between $1,000 and $3,500 and an “A” level suspension is between 3 and 10 days. COUNT I 9. The above general allegations are hereby re-alleged and incorporated by reference as if fully stated herein. 10. _ As part of its investigation, the Office sent a Target Letter to Respondent via email on two separate occasions, at the following address: michelle@nationwidedms.com.’ 11. Additionally, on October 27, 2014, the Office sent a Target Letter via U.S. Certified Mail, which was delivered on October 30, 2014. 12. In the Target Letter, Respondent was required to respond to the complaint within forty-five (45) days, making the response due December 15, 2014. 13. Respondent failed to respond within the required time frame. ? The Office emailed Respondent on: September 15, 2014 and December 29, 2014. Page 2 of 9 14. As of the date of this action, Respondent remains in non-compliance with the Office’s request to respond to the complaint. 15. Pursuant to section 559.725(6), Florida Statutes, and Rule 69V-559.100(26), Florida Administrative Code, a registrant cited for a first time failure to provide a timely response is subject to a $150 per day administrative penalty. 16. Therefore, the Office is seeking an administrative fine of $26,400. COUNT IT 17. The above general allegations are hereby re-alleged and incorporated by reference as if fully stated herein. 18. _As part of its investigation, the Office sent a Target Letter to Respondent on July 17, 2015, concerning a consumer complaint. The Target Letter was delivered via email to Respondent, at the following address: michelle@nationwidedms.com. 19. In the Target Letter, Respondent was required to respond to the complaint within forty-five (45) days, making the response due August 30, 2015. 20. Respondent failed to respond within the required time frame. 21. As of the date of this action, Respondent remains in non-compliance with the Office’s request to respond to the complaint. 22. Pursuant to section 559.725(6), Florida Statutes, and Rule 69V-559.100(26), Florida Administrative Code, a registrant cited for a first time failure to provide a timely response is subject to a $150 per day administrative penalty. 23. Therefore, the Office is seeking an administrative fine of $8,550. Page 3 of 9 COUNT I 24. The above general allegations are hereby re-alleged and incorporated by reference as if fully stated herein, 25. During its investigation, the Office determined that the registrant failed to update its registered agent information. 26. Pursuant to section 559.5551(3), Florida Statutes, and Rule 69V-180.100(3), Florida Administrative Code, a licensee cited for the first time for failing to report changes on its initial application is subject to an “A” fine. 27. Therefore, the Office is seeking an administrative fine of $1,000 and 3 day suspension. WHEREFORE, Respondent, NATIONWIDE DEBT MANAGEMENT SOLUTIONS, LLC, is hereby notified that the Office intends to enter an Order imposing an administrative fine of $35,950 and a 3 day suspension. [The rest of this page was intentionally left blank] Page 4 of 9 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 TO PRESERVE THE RIGHT TO A HEARING, A WRITTEN RESPONSE MUST BE FILLED WITH THE OFFICE OF FINANCIAL REGULATION WITHIN TWENTY-ONE (@1) 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. Page 5 of 9 DATED and SIGNED this ¢ dayof Mach 20 U4. DREW J. BREAKSPEAR Commissioner By: L Linje River: Assistant General Counsel Office of Financial Regulation Fla. Bar No. 79063 101 E. Gaines Street, 550T Tallahassee, FL 32399-0379 (850) 410-9887 Linje.rivers@flofr.com Page 6 of 9 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been served by U.S. certified mail to NATIONWIDE DEBT MANAGEMENT SOLUTIONS, LLC, at 3609 Bradshaw Road, Suite H-229, Sacramento, CA 95827, this g day of March 20h. Fi 7199 FAIL 7035 0431 2650 Page 7 of 9 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION OFR Case No: 60673 NATIONWIDE DEBT MANAGEMENT, LLC 3609 BRADSHAW ROAD, SUITE H-229 SACRAMENTO, CA 95827 ELECTION OF PROCEEDING | have received and read the Administrative Complaint, including the Notice of Rights, filed by the Office of Financial Regulation (“Office”) regarding the above-referenced licensee. As the licensee or the authorized representative of the licensee, | am requesting disposition as indicated below. (CHECK A BOX FOR NUMBER 1, 2, OR 3) 1. [ ] | do not dispute any of the Office’s factual allegations and application of the law as stated in the Administrative Complaint. Therefore, | do not request a hearing in this matter. | understand that upon my waiving the right to a hearing, the Office may enter a final order imposing a penaity as set forth in the Administrative Complaint. 2. {do not dispute any of the Office’s factual allegations but dispute the Office’s application of the law to those factual allegations, and request disposition of this matter pursuant to Section 120.57(2), Florida Statutes. | request to (CHECK ONE OF THE FOLLOWING OPTIONS): [ ] Submit a written statement with supporting documentation to a Hearing Officer in lieu of a hearing; OR [ ] In person, attend a hearing conducted by a Hearing Officer; OR { ] By telephone conference call, attend a hearing conducted by a Hearing Officer. 3. [ ] | do dispute one or more of the Office’s factual allegations. | request a section 120.57(1), Florida Statutes, formal hearing before the Division of Administrative Hearings. Pursuant to the requirements of Rule 28-106.2015(5)(c), Florida Administrative Code, | am attaching the material facts that | dispute (SEE PAGE 2). ; TO PRESERVE THE RIGHT TO A HEARING, A RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION WITHIN TWENTY-ONE (21) DAYS OF THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE 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. The address for filing is: P.O. Box 8050, Tallahassee, Florida 32314-8050. If hand delivery is preferred, the physical address is: General Counsel's Office, The Fletcher Building, Suite 118, 101 E. Gaines Street, Tallahassee, FL 32399. Signature of Licensee or Mailing Address Authorized Representative of Licensee Printed Name & Title City State Zip Date E-mail Address Telephone Number Fax Number Date Administrative Complaint was Received: Page 8 of 9 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION OFR Case No: 60673 NATIONWIDE DEBT MANAGEMENT, LLC 3609 BRADSHAW ROAD, SUITE H-229 SACRAMENTO, CA 95827 **YOU ARE TO COMPLETE THE FOLLOWING ONLY IF YOU HAVE CHECKED NUMBER 3 ON THE PRECEDING PAGE. If you need more space, you may provide additional pages. As the licensee or the authorized representative of the licensee, | am disputing the following material facts: Signature of Licensee or Authorized Representative Date Page 9 of 9 22856 VO ‘OLNSWVYOVS 6Z2-H SLINS ‘GVOU MVHSOVU 609e OTT ‘SNOLLN TOS LNAWASDVNVWA LA5d SQIMNOILVN paysanbay sarasag winjoyy ass2 TegO SED ThEb BbTC Th 9260 - 6GEZE 14 ‘SASSVHVTWL ASSYULS SSNIVD LSVA 002 HOON | s 50s a REO NEN EI ETE ETE EES

Docket for Case No: 16-002870