STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION In Re: | Administrative Proceeding Docket Number: 68758 ACCESS COLLECTIONS, LLC, and BRIAN BOGART, Respondents. ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against ACCESS COLLECTIONS, LLC (“Access”) and BRIAN BOGART {“Mr. Bogart”), together (“Respondents”), alleging: GENERAL ALLEGATIONS 1. Pursuant to sections 559.554, Florida Statutes, the Office is charged with the responsibility of administering and enforcing the provisions of Part VI, Chapter 559, Florida Statutes. 2. At all'times material hereto, Access was a consumer collection agency registered under Part VI, Chapter 559, Florida Statutes, having been issued registration number CCA9902923, 3. At all times material hereto, Access’s address of record with the Office has been 10006 Cross Creek Boulevard Suite 153, Tampa FL 33647. 4, At all times material hereto, Brian Bogart was a Managing Member and 100% owner of Access; therefore, he was a “control person” of Access as that term is defined in section 559.55(4), Florida Statutes. 5. Pursuant to section 559.5551(4), Florida Statutes, the Office may bring an administrative action in accordance with section 559.730, Florida Statutes, to enforce this part if an added contro] person fails to mect registration requirements or comply with any other provision of this part. 6. On or about August 25, 2016, the Office completed an examination (#63604) of Access’s business records and operations. 7. Pursuant to section 559.730(1)(k), Florida Statutes, failure to comply with any provision of Part VI, Chapter 559, Florida Statutes, or related rule constitutes grounds for disciplinary action. 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 pursuant to Rule 69V-180.100(6), Florida Administrative Code, the range for an “A” suspension is 3 to 10 days. COUNTI 9. The above general allegations ] through 8 are hereby re-alleged and incorporated by reference as if fully stated herein. 10. Section 559,555(2), Florida Statutes, requires registrants to provide the Office with the current business location which constitutes the principal place of business. 11. On December 27, 2012, Respondents submitted an initial application listing the business address as 10006 Cross Creek Boulevard, Suite 153, Tampa, FL 33647 (Cross Creek”). 12. Respondents renewed their registration on a yearly basis, from 2013 through 2016. 13 On December 18, 2015, Respondents completed a registrant questionnaire which listed a new principal location of 9324 Hampshire Park Drive, Tampa FL 33647 (“Hampshire Park”). In response to an Office inquiry, Respondents clarified that the Cross Creek address is a UPS store, whereas the actual business address has always been the Hampshire Park address. 14. Pursuant to section 559.730(1)(i), Florida Statutes, a material misstatement or omission of fact on an initial or amended registration application, constitutes a ground for which disciplinary action may be taken. 15. Respondents’ failure to disclose the actual business address constitutes a material misstatement or omission of fact, in violation of section 559.730(1 (i), Florida Statutes. 16. Pursuant to Form OFR-559-103, incorporated by reference in Rule 69V-180.100, Florida Administrative Code, a registrant cited for violating section 559.730(1)(i), Florida Statutes, is subject to an “A” level fine and an “A” level registration suspension. Therefore, the Office is seeking an administrative fine of $3,500 and a 10-day suspension. COUNT 17, The above general allegations 1 through 8 are hereby realleged and incorporated by reference as if fully stated herein. 18. Rule 69V-180.080(3)(f), Florida Administrative Code, provides that a registrant shall maintain a record of outbound contacts or attempted contacts by the registrant with the debtor including: . The full name of the debtor; . The date and time the contact was placed or received: . The phone number dialed if placing an outgoing phone call; . The disposition of the phone call; . The name of the person (or alias name of the person) making or attempting to make contact. wR whN 19. Upon review of Respondents’ records, the Office found instances where Respondents’ failed to record the aliases that were utilized when contacting each debtor. 20. Pursuant to section 559.730(1)(1), Florida Statutes, the failure to maintain, preserve, and keep available for examination all books, accounts, or other documents required by statute and rule constitutes a ground for which disciplinary action may be taken. 21. Respondents’ failure to maintain the above-described records is a violation of section 559.730(1)(1), Florida Statutes, and Rule 69V-180,080(3)(f), Florida Administrative Code. 22, Pursuant to Form OFR-559-103, incorporated by reference in Rule 69V-180.100, Florida Administrative Code, a registrant cited for violating section 559.730(1)(1), Florida Siatutes, is subject to an “A” level fine and an “A” level registration suspension. Therefore, the Office is seeking an administrative fine of $3,500 and a 10-day suspension. COUNT It 23. The above general allegations 1 through 8 are hereby realleged and incorporated by reference as if fully stated herein. 24. — Rule 69V-180.090(2), Florida Administrative Code, provides that a registrant must have written policies and procedures for the secure handling of all consumer documents and information received in the course of collecting a debt from a consumer. Such procedures Toust include, at a minimum, the following steps, as appropriate: (a) a secure method of destroying consumer information, such as those prescribed in 16 C.F.R. Part 682, (b) maintaining records of the destruction including which records were destroyed, when they were destroyed, where they were destroyed, and who destroyed them. 25. Upon review of Respondents’ records, the Office found that Respondents failed to maintain written policies regarding the destruction of records as required by Rule 69V- 180.080(2)(b), Florida Administrative Code. 26. In failing to maintain a written policy on the destruction of consumer information, Respondents violated section 559.730(1)(k), Florida Statutes, by violating Rule 69V- 180.080(2)(b), Florida Administrative Code. 27. Pursuant to Form OFR-559-103, incorporated by reference in Rule 69V-180.100, Florida Administrative Code, a registrant cited for violating section 559.730(1)(k), Florida Statutes, is subject to an “A” level fine, an “A” level registration suspension, and possible Tevocation. ‘Therefore, the Office is seeking an administrative fine of $3,500 and a 10-day suspension. COUNT IV 28. The above general allegations ] through 8 are hereby re-alleged and: incorporated by reference as if fully stated herein. 29. Pursuant to section 559.715, Florida Statutes, a registrant who accepts an assignment of consumer debt must give written notice of such assignment to the debtor at least 30 days prior to any action to collect the debt. 30. Upon review of Respondents’ records, the Office found instances where Respondents failed to wait the required 30 days prior to attempting to collect the debt. 31. Respondents’ failure to wait 30 days from the date of the notice of assignment prior to initiating an action to collect the debt is a violation of sections 559.715 and 559.730(1 )(k), Florida Statutes. 32. Pursuant to Form OFR-559-103, incorporated by reference in Rule 69V-180.100, Florida Administrative Code, a registrant cited for violating section 559.730(1)(k), Florida Statutes, is subject to an “A” level fine, and an “A” level registration suspension. Therefore, the Office is seeking an administrative fine of $3,200 and a 10-day suspension. WHEREFORE, Respondents, ACCESS COLLECTIONS, LLC, and BRLAN BOGART are hereby notified that the Office intends to enter an Order imposing an administrative fine of $11,700 and a 33-day suspension 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 Agency Clerk Agency Clerk 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) 410-9889 101 East Gaines Street Fax: (850) 410-9663 Tallahassee, FL 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. A DATED and SIGNED this 2? dayof ove 2017. DREW J. BREAKSPEAR omy By: * Aséistant General Counsel Office of Financial Regulation Fla. Bar No. 116347 101 E. Gaines Street Tallahassee, FL 32399-0379 (850) 410-9554 Joaquin.alvarez@flofr.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been sent by U.S. certified mail to Access Collections, LLC, and Brian Bogart, 10006 Cross Creek Boulevard, Suite 153, Tampa FL 33647, on this 7 t day of Ove 2 2017. Joaquin Alvarez ASsistant General Counsel Office of Financial Regulation Fla. Bar No. 116347 101 E. Gaines Street Tallahassee, FL 32399-0379 (850) 410-9554 Joaquin.alvarez@flofr.com FL 7499 9991 7035 0832 7401 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION Admin. Proc, #68758 Access Collections, LLC, & Brian Bogart 10006 Cross Creek Boulevard, Suite 153 Tampa, FL 33647 ELE OF PROCEEDING Ihave 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. [ ] Ido not dispute any of the Office’s factual allegations and application of the law. Therefore, I do not request a hearing. | understand that upon my waiving the right to a hearing, the Office may enter a final order adopting the Administrative Complaint and imposing the sanctions authorized by Florida law, including, but not limited to, suspending or revoking the license, as appropriate. 2. Ido not dispute any of the Office’s factual allegations but dispute the Office's application of the law. | request to (CHECK ONE OF THE FOLLOWING OPTIONS): [ ] Submit a written statement with supporting documentation to a Hearing Officer in lieu ofa 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. [] I do dispute one or more of the Office’s factual allegations. I request a formal section 120.57(1), Florida Statutes hearing before the Division of Administrative Hearings. Pursuant to the requirements of Rule 28-106.2015(5)(c), Florida Administrative Code, Lam 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 Printed Name & Title City ‘State Zip Date E-mail Address Telephone Number Fax Number Date Administrative Complaint Received: STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION Admin. Proc. #68758 Access Collections, LLC, & Brian Bogart 10006 Cross Creek Boulevard, Suite 153 Tampa, FL 33647 **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, I am disputing the following material facts: Signature of Licensee or Authorized Representative Date Sti _ DIVISION OF CONSUMER FINANCE 1 200 East Gaines Street Tallahassee, FL 32399-0376 ea FL 7499 F491 7035 o43e P4OL RETURN SERVICE REQUESTED . Access Collections, LLC, and Brian Bogart 10006 Cross Creek Boulevard, Suite 153 Tampa, FL 33647

Docket for Case No: 17-004867