STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION | ly _ la OZ IN RE: Administrative Proceedjiag Dodket Number: 2 S& ae GA UNITED FINANCIAL, LLC and JOSEPHINE 64338 Ps “ at FRAZIER, Respondents 4 -_ ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against UNITED FINANCIAL, LLC and JOSEPHINE FRAZIER (“Respondents”), alleging: GENERAL ALLEGATIONS 1. Pursuant to section 559.554 and section 559.5541, Florida Statutes, the Office is charged with the responsibility of administering and enforcing the provisions of Chapter 559, Florida Statutes. 2. From November 26, 2014 until January 1, 2015, Respondent United Financial, LLC was registered with the Office to conduct business as a consumer collection agency pursuant to Chapter 559, Part VI, Florida Statutes, having been issued license number CCA9903532. From March 9, 2015 until present, Respondent United Financial, LLC was registered with the Office to conduct business as a consumer collection agency, having been issued license number CCA9903570. United Financial, LLC and Josephine Frazier Page | of 6 ~ o eotere® svat 3. From January 1, 2015 until March 9, 2015, Respondent United Financial, LLC was not registered with the Office to conduct business as a consumer collection agency pursuant to Chapter 559, Part VI, Florida Statutes. 4. Atall times material, Respondent United Financial, LLC’s address of record with the Office was 1771 West Edgewood Avenue Suite 7, Jacksonville, FL 32208, and its CEO and owner was Josephine Frazier. 5. The Office conducted an examination (#59251) of Respondents’ business records and operations, covering the period from October 1, 2014 through April 21, 2015. COUNTI 6. The above general allegations 1 to 5 are hereby re-alleged and incorporated by reference as if fully stated herein. 7. Pursuant to 559.730(1)(h), Florida Statutes, a person cannot act as a consumer collection agency without a current registration. 8. Pursuant to section 559.55(3), Florida Statutes, “consumer collection agency” means any debt collector or business entity, who is not the original creditor, engaged in the business of soliciting consumer debts for collection or of collecting consumer debts. 9. Pursuant to section 559.55(6), Florida Statutes, “debt” or “consumer debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment, 10. From February 2, 2015 through March 9, 2015, Respondents acted as a consumer collection agency without a current registration. United Financial, LLC and Josephine Frazier Page 2 of 6 11. Pursuant to section 559.730(2)(f), Florida Statutes, the Office may impose an administrative fine of up to $1,000 per day for each day that a person engages as a consumer collection agency without a valid registration issued under this part 12. Therefore, the Office is seeking an administrative fine of $36,000. COUNT I 13. The above general allegations 1 to 5 are hereby re-alleged and incorporated by reference as if fully stated herein. 14. Section 559.730(1)(h), Florida Statutes, states that a person shall not make a material misstatement or omission of fact on an initial or amended registration application. 15. In their application for license number CCA9903570, Respondents stated that they had never operated as a collection agency in Florida without a license. In fact, Respondents engaged in consumer collections during the period they were unlicensed. 16. Pursuant to section 559.730(2), Florida Statutes, a person who makes a material misstatement of fact on an initial or amended registration application is subject to a fine of up to $10,000 and/or a suspension of the license. 17. Therefore, the Office is seeking an administrative fine of $3,500 and a suspension of 10 days. COUNT IT 18. The above general allegations 1 to 5 are hereby re-alleged and incorporated by reference as if fully stated herein. 19. Sections 559.5556(4) and 559.730(1), Florida Statutes, require a registered consumer collection agency to preserve and keep available for inspection by the Office all books, accounts, United Financial, LLC and Josephine Frazier Page 3 of 6 records, documents, and receipts of any debt collection transaction, for a period of at least three years. 20. Respondents failed to maintain twelve out of fifteen screen shots for debtor accounts, in violation of sections 559.5556(4) and 559.730(1)(1), Florida Statutes. 21. Pursuant to section 559.730(2), Florida Statutes, a consumer collection agency who fails to maintain records for the required three years is subject to a fine of up to $10,000 and/or a suspension of the license. 22. Therefore, the Office is seeking an administrative fine of $3,000 and a suspension of 78 days. WHEREFORE, Respondents, United Financial, LLC and Josephine Frazier, are hereby notified that the Office intends to impose a fine of $42,500 and a suspension of 88 days. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] United Financial, LLC and Josephine Frazier Page 4 of 6 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 Facsimile OR By Hand Delivery Agency Clerk Agency Cletk Office of Financial Regulation Office of Financial Regulation P.O. Box 8050 General Counsel’s Office Tallahassee, Florida 32314-8050 The Fletcher Building, Suite 118 Phone: (850) 410-9889 101 East Gaines Street Fax: (850) 410-9663 Tallahassee, Florida 32399-0379 Phone: (850) 410-9889 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. United Financial, LLC and Josephine Frazier Page 5 of 6 DATED and SIGNED this >| day of Ofte of Financial Regulation la. Bar No. 0506877 400 W. Robinson St., 8-225 Orlando, Florida 32801-1799 (407) 245-0601; fax (407) 245-0806 jennifer lozano@flofr.com 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 United Financial, LLC, Attn: Josephine Frazier, at 1771 West Edgewood Avenue, Suite 7, Jacksonville, FL 32208, this >) day of 2016. J f Leigh Blakeman FL 7499 F991 70355 27a 1556 United Financial, LLC and Josephine Frazier Page 6 of 6

Docket for Case No: 16-006002