RECEIVED MAR 2 4 2018 InRe: Administrative Proceeding ID Number: 60667 LENDMARK FINANCIAL SERVICES, INC. STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION Respondent. ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Adminigigative Complaint against LENDMARK FINANCIAL SERVICES, INC. (“Respondent”), alleging: TIONS 1, Pursuant to sections 520.994, Florida Statutes, the Office is charged with administering and enforcing the provisions of Chapter 520, Florida Statutes, and conducting examinations and investigations to determine whether any provision of Chapter 520, Florida Statutes, has been violated. 2. Pursuant to section 520.995, Florida Statutes, failure to comply with any _ Provision of Chapter 520, Florida Statutes, or related rule constitutes grounds for disciplinary action. 3. At all times material hereto, Respondent LENDMARK FINANCIAL SERVICES, INC., is or has been a Sales Finance Company Branch pursuant to Chapter 520, Florida Statutes, having been issned license number SFB0900138. , 4, At all times material, Respondent’s address of record is and has been 2118 Usher Street, Covington, GA. 30014. Page 1 of 7 ae eo 5. The Office conducted an examination (#55629) of Respondent’s business records and operations for the time period of January 1, 2012 through Angust 31, 2014, (“examination period”) gs. COUNT I 6. The above general allegations | through 5 ate hereby re-alleged and incorporated by reference as if filly stated herein. 7. The Office determined that Respondent failed to provide detailed itemization of documentary excise taxes assessed on retail installment contracts. 8. More specifically, the official fees on multiple retail installment contracts failed to teflect the posting of the charged documentary stamps as required by Rule 69V-60.001(2), Florida Administrative Code. ; 9. In contradiction to and in violation of section 520.34(3)(e), Florida Statutes, and Rule 69V-~60.001(2), Florida Administrative Code, Respondent failed to provide the appropriate - documentation to support charged officiel fees, 10. Therefore, the Office is seeking an administvative fine of $1,750, COUNT It 11. The above general allegations 1 through 5 are hereby re-alleged and incorporated by reference as if filly stated herein, 12, The Office determined that Respondent failed to include all required information in its retail installment contracts, 13. More specifically, Respondent failed to include a description of goods purchased the retail installment contract of consumer DE, Page 2 of 7 serene i 14. Tn contradiction to and in violation of sections 520.34(1)(@) and 520.995(2)(f, Florida Statutes, Respondent failed to provide all required information on its retail installment contracts, 15. Therefore, the Office is secking an administrative fine of $250. COUNT IT 16. The above general allegations 1 through 5 are hereby re-alleged and incorporated __ by reference as if fully stated herein, 17, The Office determined that Respondent failed to accurately complete the Truth in Lending section of a retail installment contract. 18. More specifically, Respondent failed to accurately calculate the Total Payments on the retail installment contract of consumer CA. 19. In contradiction to and in violation of section 520.34(2)(c), Florida Statutes, and Rule 69V-60,003, Florida Administrative Code, Respondent failed to accurately calculate the finance charges on a retail installment contract. 20. Therefore, the Office is seeking an administrative fine of $250. WHEREFORE, Respondent, LENDMARK FINANCIAL SERVICES, INC., is hereby notified that the Office intends to enter an Order imposing an administrative fine of $2,250. NOTICE OF RIGHTS The licensee is entitled to be tepresented by counsel or other qualified representative, The licensee also has the tight to request a hearing pursuant to sections 120.569 and 120.57, Floride 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. Page 3 of 7 Any such request must be filed ag follows: By Mail or Fax OR By Hand Delivery Office of Financial Regulation Office of Financial Regulation P.O. Box 8050 Generel 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 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 FADLURE 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 sbove. i Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available, DATED and SIGNED this £2 day of - March 20th. DREW J. BREAKSPEAR Commissioner By: Linje Ri Assistant General Counsel Office of Financial Regulation Fla, Bar No, 79063 101 B. Gaines Street, 550T Tallahassee, FL 32399-0379 (850) 410-9887 Linjezivers@flofr.com Page 4 of 7 re CERTIFICA: 19 VI I HEREBY CERTIFY that a tne and correct copy of the foregoing Administrative Complaint has been served by ULS, certified mail to LENDMARK FINANCIAL SERVICES, INC. at 2118 Usher Street, Covington, GA 30014, on this_22 day of _ Mant 20 MG Linje geal qh 7 159 9591 7035 D831 3565 Page 5 of 7

Docket for Case No: 16-003866