716-433-2831

Got a call from O'brien Wexler Associates, claiming to be debt collector lawyers regarding a payday loan from 2006. Claimed to have my licence #, SS#, etc. and threatened to have my license suspended and a $1000+ lawsuit (for a $150 unsecured loan) if not paid "today". I checked with the original lender and they had no knowledge of this company, and told me to report it as fraud. the # called from was 716-433-2831, but left a callback # of 877-334-5288.  Anyone else had any experience with this "firm"?  I am suspecting it's the same lockport, new york that called me last year about the same loan (only then the name used was vantagepoint services)

TITLE XXXVI
PAWNBROKERS AND MONEYLENDERS
CHAPTER 399-D
DEBT ADJUSTMENT SERVICES
Section 399-D:13
   399-D:13 License Denial, Revocation, or Suspension. –
   I. The commissioner may issue an order requiring a person to whom any license has been granted or any person under the commissioner's jurisdiction to show cause why the license should not be revoked or penalties should not be imposed, or both, for violations of this chapter. The order shall give reasonable notice of the opportunity for a hearing and shall state the reasons for the issuance of the order. The commissioner may by order summarily postpone or suspend any license or application pending final determination of any order to show cause, or other order, or of any other proceeding under this section, provided the commissioner finds that the public interest would be irreparably harmed by delay in issuing such order. Upon the entry of the order, the commissioner shall promptly notify the respondent, applicant, or licensee that it has been entered and of the reasons for the order and that within 10 calendar days after receipt of a written request the matter will be scheduled for hearing. Valid delivery of such order shall be by hand or certified mail at the last known principal office of the licensee or respondent or to an officer, director, 5 percent or more owner, member, partner, or legal representative of the licensee or respondent. If the person to whom an order to show cause or other order fails to request a hearing within 30 calendar days of receipt or valid delivery of the order and no hearing is ordered by the commissioner, then such person shall be deemed in default, and the order shall, on the thirty-first day, become permanent, and shall remain in full force and effect until and unless later modified or vacated by the commissioner, for good cause shown. A hearing, if requested, shall be scheduled not later than 10 calendar days after the written request for such hearing is received by the commissioner, after which and within 20 calendar days from the date of the hearing the commissioner shall enter an order making such disposition of the matter as the facts require. If the licensee or respondent fails to request a hearing within 30 calendar days of receipt or valid delivery of such order or fails to appear at a hearing after being duly notified, or cannot be located after a reasonable search, such person shall be deemed in default and the proceeding may be decided against the person upon consideration of the order to show cause or other order, the allegations of which may be deemed to be true. The commissioner may by order, upon due notice and opportunity for a hearing, assess penalties, deny, suspend, and revoke a license or application, and bar any person from licensure if it is in the public interest, or any combination of the foregoing and the applicant, licensee or respondent, any partner, officer, member, or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the applicant, licensee or respondent:
      (a) Has violated any provision of this chapter or rules thereunder;
      (b) Has not met the standards established in this chapter;
      (c) Has filed an application for licensing which as of its effective date, or as of any date after the filing in the case of an order denying of the filing, was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;
      (d) Has made a false or misleading statement to the commissioner or in any reports to the commissioner;
      (e) Has made fraudulent misrepresentations, or has circumvented or concealed, through whatever subterfuge or device, any of the material particulars or the nature thereof required to be stated or furnished to a person under the provisions of this chapter;
      (f) Has failed to supervise its agents, managers, or employees;
      (g) Is the subject of an order entered within the past 5 years by this state, any other state, or federal regulator denying, suspending, or revoking licenses or registration;
      (h) Is permanently, preliminarily, or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of debt adjustment or collection activities;
      (i) Is not qualified on the basis of such factors as experience, knowledge, and financial integrity;
      (j) Has engaged in dishonest or unethical practices in the conduct of the business of debt adjustment;
      (k) Has violated applicable federal laws or regulations thereunder;
      (l) Has been convicted of a crime involving moral turpitude;
      (m) Has maintained a continuous course of unfair conduct;
      (n) Is insolvent, or has filed in bankruptcy or receivership, or made assignments for the benefit of creditors;
      (o) Has violated this chapter or any rule or order thereunder;
      (p) Has made an unsworn falsification under RSA 641:3 to the commissioner; or
      (q) For other good cause shown.
   II. The banking department may, upon due notice and opportunity for a hearing, suspend any license for a period not exceeding 30 days, pending investigation by the banking department.
   III. Any license revocation, license suspension, or unfavorable action by the banking department on a license shall comply with the provisions of RSA 541-A:30.
   IV. An aggrieved licensee may, pursuant to RSA 541-A:30 and RSA 541, appeal unfavorable action by the banking department.
   V. The banking department may take action for immediate suspension of a license, pursuant to RSA 541-A:30, III.
   VI. If a licensee is a partnership, association, corporation, or entity however organized, it shall be sufficient cause for the suspension or revocation of a license that any officer, director, or trustee of a licensed association or corporation or any member of a licensed partnership has so acted or failed to act on behalf of said licensee as would be cause for suspending or revoking a license to such party as an individual. Each licensee shall be responsible for supervision of its branch offices and for the acts of any or all of its employees while acting as its agent if such licensee, after actual knowledge of said acts, retained the benefits, proceeds, profits, or advantages accruing from said acts or otherwise ratified said acts.
   VII. If the commissioner finds that any licensee or applicant for license is no longer in existence or has ceased to do business as a debt adjuster, or cannot be located after reasonable search, the commissioner may by order revoke the license, impose penalties, or deny the application. The commissioner may deem abandoned and withdraw any application for licensure made pursuant to this chapter, if the applicant fails to respond in writing within 180 calendar days to a written request from the commissioner requesting a response. Such request shall be sent via certified mail to the last known address of the applicant that is on file with the commissioner.
Source. 2004, 230:1. 2005, 255:51, 71, 72, eff. Sept. 12, 2005. 2009, 204:3, eff. Sept. 13, 2009.
TITLE XXXVI
PAWNBROKERS AND MONEYLENDERS
CHAPTER 399-D
DEBT ADJUSTMENT SERVICES
Section 399-D:13
   399-D:13 License Denial, Revocation, or Suspension. –
   I. The commissioner may issue an order requiring a person to whom any license has been granted or any person under the commissioner's jurisdiction to show cause why the license should not be revoked or penalties should not be imposed, or both, for violations of this chapter. The order shall give reasonable notice of the opportunity for a hearing and shall state the reasons for the issuance of the order. The commissioner may by order summarily postpone or suspend any license or application pending final determination of any order to show cause, or other order, or of any other proceeding under this section, provided the commissioner finds that the public interest would be irreparably harmed by delay in issuing such order. Upon the entry of the order, the commissioner shall promptly notify the respondent, applicant, or licensee that it has been entered and of the reasons for the order and that within 10 calendar days after receipt of a written request the matter will be scheduled for hearing. Valid delivery of such order shall be by hand or certified mail at the last known principal office of the licensee or respondent or to an officer, director, 5 percent or more owner, member, partner, or legal representative of the licensee or respondent. If the person to whom an order to show cause or other order fails to request a hearing within 30 calendar days of receipt or valid delivery of the order and no hearing is ordered by the commissioner, then such person shall be deemed in default, and the order shall, on the thirty-first day, become permanent, and shall remain in full force and effect until and unless later modified or vacated by the commissioner, for good cause shown. A hearing, if requested, shall be scheduled not later than 10 calendar days after the written request for such hearing is received by the commissioner, after which and within 20 calendar days from the date of the hearing the commissioner shall enter an order making such disposition of the matter as the facts require. If the licensee or respondent fails to request a hearing within 30 calendar days of receipt or valid delivery of such order or fails to appear at a hearing after being duly notified, or cannot be located after a reasonable search, such person shall be deemed in default and the proceeding may be decided against the person upon consideration of the order to show cause or other order, the allegations of which may be deemed to be true. The commissioner may by order, upon due notice and opportunity for a hearing, assess penalties, deny, suspend, and revoke a license or application, and bar any person from licensure if it is in the public interest, or any combination of the foregoing and the applicant, licensee or respondent, any partner, officer, member, or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the applicant, licensee or respondent:
      (a) Has violated any provision of this chapter or rules thereunder;
      (b) Has not met the standards established in this chapter;
      (c) Has filed an application for licensing which as of its effective date, or as of any date after the filing in the case of an order denying of the filing, was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;
      (d) Has made a false or misleading statement to the commissioner or in any reports to the commissioner;
      (e) Has made fraudulent misrepresentations, or has circumvented or concealed, through whatever subterfuge or device, any of the material particulars or the nature thereof required to be stated or furnished to a person under the provisions of this chapter;
      (f) Has failed to supervise its agents, managers, or employees;
      (g) Is the subject of an order entered within the past 5 years by this state, any other state, or federal regulator denying, suspending, or revoking licenses or registration;
      (h) Is permanently, preliminarily, or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of debt adjustment or collection activities;
      (i) Is not qualified on the basis of such factors as experience, knowledge, and financial integrity;
      (j) Has engaged in dishonest or unethical practices in the conduct of the business of debt adjustment;
      (k) Has violated applicable federal laws or regulations thereunder;
      (l) Has been convicted of a crime involving moral turpitude;
      (m) Has maintained a continuous course of unfair conduct;
      (n) Is insolvent, or has filed in bankruptcy or receivership, or made assignments for the benefit of creditors;
      (o) Has violated this chapter or any rule or order thereunder;
      (p) Has made an unsworn falsification under RSA 641:3 to the commissioner; or
      (q) For other good cause shown.
   II. The banking department may, upon due notice and opportunity for a hearing, suspend any license for a period not exceeding 30 days, pending investigation by the banking department.
   III. Any license revocation, license suspension, or unfavorable action by the banking department on a license shall comply with the provisions of RSA 541-A:30.
   IV. An aggrieved licensee may, pursuant to RSA 541-A:30 and RSA 541, appeal unfavorable action by the banking department.
   V. The banking department may take action for immediate suspension of a license, pursuant to RSA 541-A:30, III.
   VI. If a licensee is a partnership, association, corporation, or entity however organized, it shall be sufficient cause for the suspension or revocation of a license that any officer, director, or trustee of a licensed association or corporation or any member of a licensed partnership has so acted or failed to act on behalf of said licensee as would be cause for suspending or revoking a license to such party as an individual. Each licensee shall be responsible for supervision of its branch offices and for the acts of any or all of its employees while acting as its agent if such licensee, after actual knowledge of said acts, retained the benefits, proceeds, profits, or advantages accruing from said acts or otherwise ratified said acts.
   VII. If the commissioner finds that any licensee or applicant for license is no longer in existence or has ceased to do business as a debt adjuster, or cannot be located after reasonable search, the commissioner may by order revoke the license, impose penalties, or deny the application. The commissioner may deem abandoned and withdraw any application for licensure made pursuant to this chapter, if the applicant fails to respond in writing within 180 calendar days to a written request from the commissioner requesting a response. Such request shall be sent via certified mail to the last known address of the applicant that is on file with the commissioner.
Source. 2004, 230:1. 2005, 255:51, 71, 72, eff. Sept. 12, 2005. 2009, 204:3, eff. Sept. 13, 2009.
TITLE XXXVI
PAWNBROKERS AND MONEYLENDERS
CHAPTER 399-D
DEBT ADJUSTMENT SERVICES
Section 399-D:13
   399-D:13 License Denial, Revocation, or Suspension. –
   I. The commissioner may issue an order requiring a person to whom any license has been granted or any person under the commissioner's jurisdiction to show cause why the license should not be revoked or penalties should not be imposed, or both, for violations of this chapter. The order shall give reasonable notice of the opportunity for a hearing and shall state the reasons for the issuance of the order. The commissioner may by order summarily postpone or suspend any license or application pending final determination of any order to show cause, or other order, or of any other proceeding under this section, provided the commissioner finds that the public interest would be irreparably harmed by delay in issuing such order. Upon the entry of the order, the commissioner shall promptly notify the respondent, applicant, or licensee that it has been entered and of the reasons for the order and that within 10 calendar days after receipt of a written request the matter will be scheduled for hearing. Valid delivery of such order shall be by hand or certified mail at the last known principal office of the licensee or respondent or to an officer, director, 5 percent or more owner, member, partner, or legal representative of the licensee or respondent. If the person to whom an order to show cause or other order fails to request a hearing within 30 calendar days of receipt or valid delivery of the order and no hearing is ordered by the commissioner, then such person shall be deemed in default, and the order shall, on the thirty-first day, become permanent, and shall remain in full force and effect until and unless later modified or vacated by the commissioner, for good cause shown. A hearing, if requested, shall be scheduled not later than 10 calendar days after the written request for such hearing is received by the commissioner, after which and within 20 calendar days from the date of the hearing the commissioner shall enter an order making such disposition of the matter as the facts require. If the licensee or respondent fails to request a hearing within 30 calendar days of receipt or valid delivery of such order or fails to appear at a hearing after being duly notified, or cannot be located after a reasonable search, such person shall be deemed in default and the proceeding may be decided against the person upon consideration of the order to show cause or other order, the allegations of which may be deemed to be true. The commissioner may by order, upon due notice and opportunity for a hearing, assess penalties, deny, suspend, and revoke a license or application, and bar any person from licensure if it is in the public interest, or any combination of the foregoing and the applicant, licensee or respondent, any partner, officer, member, or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the applicant, licensee or respondent:
      (a) Has violated any provision of this chapter or rules thereunder;
      (b) Has not met the standards established in this chapter;
      (c) Has filed an application for licensing which as of its effective date, or as of any date after the filing in the case of an order denying of the filing, was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;
      (d) Has made a false or misleading statement to the commissioner or in any reports to the commissioner;
      (e) Has made fraudulent misrepresentations, or has circumvented or concealed, through whatever subterfuge or device, any of the material particulars or the nature thereof required to be stated or furnished to a person under the provisions of this chapter;
      (f) Has failed to supervise its agents, managers, or employees;
      (g) Is the subject of an order entered within the past 5 years by this state, any other state, or federal regulator denying, suspending, or revoking licenses or registration;
      (h) Is permanently, preliminarily, or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of debt adjustment or collection activities;
      (i) Is not qualified on the basis of such factors as experience, knowledge, and financial integrity;
      (j) Has engaged in dishonest or unethical practices in the conduct of the business of debt adjustment;
      (k) Has violated applicable federal laws or regulations thereunder;
      (l) Has been convicted of a crime involving moral turpitude;
      (m) Has maintained a continuous course of unfair conduct;
      (n) Is insolvent, or has filed in bankruptcy or receivership, or made assignments for the benefit of creditors;
      (o) Has violated this chapter or any rule or order thereunder;
      (p) Has made an unsworn falsification under RSA 641:3 to the commissioner; or
      (q) For other good cause shown.
   II. The banking department may, upon due notice and opportunity for a hearing, suspend any license for a period not exceeding 30 days, pending investigation by the banking department.
   III. Any license revocation, license suspension, or unfavorable action by the banking department on a license shall comply with the provisions of RSA 541-A:30.
   IV. An aggrieved licensee may, pursuant to RSA 541-A:30 and RSA 541, appeal unfavorable action by the banking department.
   V. The banking department may take action for immediate suspension of a license, pursuant to RSA 541-A:30, III.
   VI. If a licensee is a partnership, association, corporation, or entity however organized, it shall be sufficient cause for the suspension or revocation of a license that any officer, director, or trustee of a licensed association or corporation or any member of a licensed partnership has so acted or failed to act on behalf of said licensee as would be cause for suspending or revoking a license to such party as an individual. Each licensee shall be responsible for supervision of its branch offices and for the acts of any or all of its employees while acting as its agent if such licensee, after actual knowledge of said acts, retained the benefits, proceeds, profits, or advantages accruing from said acts or otherwise ratified said acts.
   VII. If the commissioner finds that any licensee or applicant for license is no longer in existence or has ceased to do business as a debt adjuster, or cannot be located after reasonable search, the commissioner may by order revoke the license, impose penalties, or deny the application. The commissioner may deem abandoned and withdraw any application for licensure made pursuant to this chapter, if the applicant fails to respond in writing within 180 calendar days to a written request from the commissioner requesting a response. Such request shall be sent via certified mail to the last known address of the applicant that is on file with the commissioner.
Source. 2004, 230:1. 2005, 255:51, 71, 72, eff. Sept. 12, 2005. 2009, 204:3, eff. Sept. 13, 2009.
dTITLE XXXVI
PAWNBROKERS AND MONEYLENDERS
CHAPTER 399-D
DEBT ADJUSTMENT SERVICES
Section 399-D:13
   399-D:13 License Denial, Revocation, or Suspension. –
   I. The commissioner may issue an order requiring a person to whom any license has been granted or any person under the commissioner's jurisdiction to show cause why the license should not be revoked or penalties should not be imposed, or both, for violations of this chapter. The order shall give reasonable notice of the opportunity for a hearing and shall state the reasons for the issuance of the order. The commissioner may by order summarily postpone or suspend any license or application pending final determination of any order to show cause, or other order, or of any other proceeding under this section, provided the commissioner finds that the public interest would be irreparably harmed by delay in issuing such order. Upon the entry of the order, the commissioner shall promptly notify the respondent, applicant, or licensee that it has been entered and of the reasons for the order and that within 10 calendar days after receipt of a written request the matter will be scheduled for hearing. Valid delivery of such order shall be by hand or certified mail at the last known principal office of the licensee or respondent or to an officer, director, 5 percent or more owner, member, partner, or legal representative of the licensee or respondent. If the person to whom an order to show cause or other order fails to request a hearing within 30 calendar days of receipt or valid delivery of the order and no hearing is ordered by the commissioner, then such person shall be deemed in default, and the order shall, on the thirty-first day, become permanent, and shall remain in full force and effect until and unless later modified or vacated by the commissioner, for good cause shown. A hearing, if requested, shall be scheduled not later than 10 calendar days after the written request for such hearing is received by the commissioner, after which and within 20 calendar days from the date of the hearing the commissioner shall enter an order making such disposition of the matter as the facts require. If the licensee or respondent fails to request a hearing within 30 calendar days of receipt or valid delivery of such order or fails to appear at a hearing after being duly notified, or cannot be located after a reasonable search, such person shall be deemed in default and the proceeding may be decided against the person upon consideration of the order to show cause or other order, the allegations of which may be deemed to be true. The commissioner may by order, upon due notice and opportunity for a hearing, assess penalties, deny, suspend, and revoke a license or application, and bar any person from licensure if it is in the public interest, or any combination of the foregoing and the applicant, licensee or respondent, any partner, officer, member, or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the applicant, licensee or respondent:
      (a) Has violated any provision of this chapter or rules thereunder;
      (b) Has not met the standards established in this chapter;
      (c) Has filed an application for licensing which as of its effective date, or as of any date after the filing in the case of an order denying of the filing, was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;
      (d) Has made a false or misleading statement to the commissioner or in any reports to the commissioner;
      (e) Has made fraudulent misrepresentations, or has circumvented or concealed, through whatever subterfuge or device, any of the material particulars or the nature thereof required to be stated or furnished to a person under the provisions of this chapter;
      (f) Has failed to supervise its agents, managers, or employees;
      (g) Is the subject of an order entered within the past 5 years by this state, any other state, or federal regulator denying, suspending, or revoking licenses or registration;
      (h) Is permanently, preliminarily, or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of debt adjustment or collection activities;
      (i) Is not qualified on the basis of such factors as experience, knowledge, and financial integrity;
      (j) Has engaged in dishonest or unethical practices in the conduct of the business of debt adjustment;
      (k) Has violated applicable federal laws or regulations thereunder;
      (l) Has been convicted of a crime involving moral turpitude;
      (m) Has maintained a continuous course of unfair conduct;
      (n) Is insolvent, or has filed in bankruptcy or receivership, or made assignments for the benefit of creditors;
      (o) Has violated this chapter or any rule or order thereunder;
      (p) Has made an unsworn falsification under RSA 641:3 to the commissioner; or
      (q) For other good cause shown.
   II. The banking department may, upon due notice and opportunity for a hearing, suspend any license for a period not exceeding 30 days, pending investigation by the banking department.
   III. Any license revocation, license suspension, or unfavorable action by the banking department on a license shall comply with the provisions of RSA 541-A:30.
   IV. An aggrieved licensee may, pursuant to RSA 541-A:30 and RSA 541, appeal unfavorable action by the banking department.
   V. The banking department may take action for immediate suspension of a license, pursuant to RSA 541-A:30, III.
   VI. If a licensee is a partnership, association, corporation, or entity however organized, it shall be sufficient cause for the suspension or revocation of a license that any officer, director, or trustee of a licensed association or corporation or any member of a licensed partnership has so acted or failed to act on behalf of said licensee as would be cause for suspending or revoking a license to such party as an individual. Each licensee shall be responsible for supervision of its branch offices and for the acts of any or all of its employees while acting as its agent if such licensee, after actual knowledge of said acts, retained the benefits, proceeds, profits, or advantages accruing from said acts or otherwise ratified said acts.
   VII. If the commissioner finds that any licensee or applicant for license is no longer in existence or has ceased to do business as a debt adjuster, or cannot be located after reasonable search, the commissioner may by order revoke the license, impose penalties, or deny the application. The commissioner may deem abandoned and withdraw any application for licensure made pursuant to this chapter, if the applicant fails to respond in writing within 180 calendar days to a written request from the commissioner requesting a response. Such request shall be sent via certified mail to the last known address of the applicant that is on file with the commissioner.
Source. 2004, 230:1. 2005, 255:51, 71, 72, eff. Sept. 12, 2005. 2009, 204:3, eff. Sept. 13, 2009.
TITLE XXXVI
PAWNBROKERS AND MONEYLENDERS
CHAPTER 399-D
DEBT ADJUSTMENT SERVICES
Section 399-D:13
   399-D:13 License Denial, Revocation, or Suspension. –
   I. The commissioner may issue an order requiring a person to whom any license has been granted or any person under the commissioner's jurisdiction to show cause why the license should not be revoked or penalties should not be imposed, or both, for violations of this chapter. The order shall give reasonable notice of the opportunity for a hearing and shall state the reasons for the issuance of the order. The commissioner may by order summarily postpone or suspend any license or application pending final determination of any order to show cause, or other order, or of any other proceeding under this section, provided the commissioner finds that the public interest would be irreparably harmed by delay in issuing such order. Upon the entry of the order, the commissioner shall promptly notify the respondent, applicant, or licensee that it has been entered and of the reasons for the order and that within 10 calendar days after receipt of a written request the matter will be scheduled for hearing. Valid delivery of such order shall be by hand or certified mail at the last known principal office of the licensee or respondent or to an officer, director, 5 percent or more owner, member, partner, or legal representative of the licensee or respondent. If the person to whom an order to show cause or other order fails to request a hearing within 30 calendar days of receipt or valid delivery of the order and no hearing is ordered by the commissioner, then such person shall be deemed in default, and the order shall, on the thirty-first day, become permanent, and shall remain in full force and effect until and unless later modified or vacated by the commissioner, for good cause shown. A hearing, if requested, shall be scheduled not later than 10 calendar days after the written request for such hearing is received by the commissioner, after which and within 20 calendar days from the date of the hearing the commissioner shall enter an order making such disposition of the matter as the facts require. If the licensee or respondent fails to request a hearing within 30 calendar days of receipt or valid delivery of such order or fails to appear at a hearing after being duly notified, or cannot be located after a reasonable search, such person shall be deemed in default and the proceeding may be decided against the person upon consideration of the order to show cause or other order, the allegations of which may be deemed to be true. The commissioner may by order, upon due notice and opportunity for a hearing, assess penalties, deny, suspend, and revoke a license or application, and bar any person from licensure if it is in the public interest, or any combination of the foregoing and the applicant, licensee or respondent, any partner, officer, member, or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the applicant, licensee or respondent:
      (a) Has violated any provision of this chapter or rules thereunder;
      (b) Has not met the standards established in this chapter;
      (c) Has filed an application for licensing which as of its effective date, or as of any date after the filing in the case of an order denying of the filing, was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;
      (d) Has made a false or misleading statement to the commissioner or in any reports to the commissioner;
      (e) Has made fraudulent misrepresentations, or has circumvented or concealed, through whatever subterfuge or device, any of the material particulars or the nature thereof required to be stated or furnished to a person under the provisions of this chapter;
      (f) Has failed to supervise its agents, managers, or employees;
      (g) Is the subject of an order entered within the past 5 years by this state, any other state, or federal regulator denying, suspending, or revoking licenses or registration;
      (h) Is permanently, preliminarily, or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of debt adjustment or collection activities;
      (i) Is not qualified on the basis of such factors as experience, knowledge, and financial integrity;
      (j) Has engaged in dishonest or unethical practices in the conduct of the business of debt adjustment;
      (k) Has violated applicable federal laws or regulations thereunder;
      (l) Has been convicted of a crime involving moral turpitude;
      (m) Has maintained a continuous course of unfair conduct;
      (n) Is insolvent, or has filed in bankruptcy or receivership, or made assignments for the benefit of creditors;
      (o) Has violated this chapter or any rule or order thereunder;
      (p) Has made an unsworn falsification under RSA 641:3 to the commissioner; or
      (q) For other good cause shown.
   II. The banking department may, upon due notice and opportunity for a hearing, suspend any license for a period not exceeding 30 days, pending investigation by the banking department.
   III. Any license revocation, license suspension, or unfavorable action by the banking department on a license shall comply with the provisions of RSA 541-A:30.
   IV. An aggrieved licensee may, pursuant to RSA 541-A:30 and RSA 541, appeal unfavorable action by the banking department.
   V. The banking department may take action for immediate suspension of a license, pursuant to RSA 541-A:30, III.
   VI. If a licensee is a partnership, association, corporation, or entity however organized, it shall be sufficient cause for the suspension or revocation of a license that any officer, director, or trustee of a licensed association or corporation or any member of a licensed partnership has so acted or failed to act on behalf of said licensee as would be cause for suspending or revoking a license to such party as an individual. Each licensee shall be responsible for supervision of its branch offices and for the acts of any or all of its employees while acting as its agent if such licensee, after actual knowledge of said acts, retained the benefits, proceeds, profits, or advantages accruing from said acts or otherwise ratified said acts.
   VII. If the commissioner finds that any licensee or applicant for license is no longer in existence or has ceased to do business as a debt adjuster, or cannot be located after reasonable search, the commissioner may by order revoke the license, impose penalties, or deny the application. The commissioner may deem abandoned and withdraw any application for licensure made pursuant to this chapter, if the applicant fails to respond in writing within 180 calendar days to a written request from the commissioner requesting a response. Such request shall be sent via certified mail to the last known address of the applicant that is on file with the commissioner.
Source. 2004, 230:1. 2005, 255:51, 71, 72, eff. Sept. 12, 2005. 2009, 204:3, eff. Sept. 13, 2009.
TITLE XXXVI
PAWNBROKERS AND MONEYLENDERS
CHAPTER 399-D
DEBT ADJUSTMENT SERVICES
Section 399-D:13
   399-D:13 License Denial, Revocation, or Suspension. –
   I. The commissioner may issue an order requiring a person to whom any license has been granted or any person under the commissioner's jurisdiction to show cause why the license should not be revoked or penalties should not be imposed, or both, for violations of this chapter. The order shall give reasonable notice of the opportunity for a hearing and shall state the reasons for the issuance of the order. The commissioner may by order summarily postpone or suspend any license or application pending final determination of any order to show cause, or other order, or of any other proceeding under this section, provided the commissioner finds that the public interest would be irreparably harmed by delay in issuing such order. Upon the entry of the order, the commissioner shall promptly notify the respondent, applicant, or licensee that it has been entered and of the reasons for the order and that within 10 calendar days after receipt of a written request the matter will be scheduled for hearing. Valid delivery of such order shall be by hand or certified mail at the last known principal office of the licensee or respondent or to an officer, director, 5 percent or more owner, member, partner, or legal representative of the licensee or respondent. If the person to whom an order to show cause or other order fails to request a hearing within 30 calendar days of receipt or valid delivery of the order and no hearing is ordered by the commissioner, then such person shall be deemed in default, and the order shall, on the thirty-first day, become permanent, and shall remain in full force and effect until and unless later modified or vacated by the commissioner, for good cause shown. A hearing, if requested, shall be scheduled not later than 10 calendar days after the written request for such hearing is received by the commissioner, after which and within 20 calendar days from the date of the hearing the commissioner shall enter an order making such disposition of the matter as the facts require. If the licensee or respondent fails to request a hearing within 30 calendar days of receipt or valid delivery of such order or fails to appear at a hearing after being duly notified, or cannot be located after a reasonable search, such person shall be deemed in default and the proceeding may be decided against the person upon consideration of the order to show cause or other order, the allegations of which may be deemed to be true. The commissioner may by order, upon due notice and opportunity for a hearing, assess penalties, deny, suspend, and revoke a license or application, and bar any person from licensure if it is in the public interest, or any combination of the foregoing and the applicant, licensee or respondent, any partner, officer, member, or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the applicant, licensee or respondent:
      (a) Has violated any provision of this chapter or rules thereunder;
      (b) Has not met the standards established in this chapter;
      (c) Has filed an application for licensing which as of its effective date, or as of any date after the filing in the case of an order denying of the filing, was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;
      (d) Has made a false or misleading statement to the commissioner or in any reports to the commissioner;
      (e) Has made fraudulent misrepresentations, or has circumvented or concealed, through whatever subterfuge or device, any of the material particulars or the nature thereof required to be stated or furnished to a person under the provisions of this chapter;
      (f) Has failed to supervise its agents, managers, or employees;
      (g) Is the subject of an order entered within the past 5 years by this state, any other state, or federal regulator denying, suspending, or revoking licenses or registration;
      (h) Is permanently, preliminarily, or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of debt adjustment or collection activities;
      (i) Is not qualified on the basis of such factors as experience, knowledge, and financial integrity;
      (j) Has engaged in dishonest or unethical practices in the conduct of the business of debt adjustment;
      (k) Has violated applicable federal laws or regulations thereunder;
      (l) Has been convicted of a crime involving moral turpitude;
      (m) Has maintained a continuous course of unfair conduct;
      (n) Is insolvent, or has filed in bankruptcy or receivership, or made assignments for the benefit of creditors;
      (o) Has violated this chapter or any rule or order thereunder;
      (p) Has made an unsworn falsification under RSA 641:3 to the commissioner; or
      (q) For other good cause shown.
   II. The banking department may, upon due notice and opportunity for a hearing, suspend any license for a period not exceeding 30 days, pending investigation by the banking department.
   III. Any license revocation, license suspension, or unfavorable action by the banking department on a license shall comply with the provisions of RSA 541-A:30.
   IV. An aggrieved licensee may, pursuant to RSA 541-A:30 and RSA 541, appeal unfavorable action by the banking department.
   V. The banking department may take action for immediate suspension of a license, pursuant to RSA 541-A:30, III.
   VI. If a licensee is a partnership, association, corporation, or entity however organized, it shall be sufficient cause for the suspension or revocation of a license that any officer, director, or trustee of a licensed association or corporation or any member of a licensed partnership has so acted or failed to act on behalf of said licensee as would be cause for suspending or revoking a license to such party as an individual. Each licensee shall be responsible for supervision of its branch offices and for the acts of any or all of its employees while acting as its agent if such licensee, after actual knowledge of said acts, retained the benefits, proceeds, profits, or advantages accruing from said acts or otherwise ratified said acts.
   VII. If the commissioner finds that any licensee or applicant for license is no longer in existence or has ceased to do business as a debt adjuster, or cannot be located after reasonable search, the commissioner may by order revoke the license, impose penalties, or deny the application. The commissioner may deem abandoned and withdraw any application for licensure made pursuant to this chapter, if the applicant fails to respond in writing within 180 calendar days to a written request from the commissioner requesting a response. Such request shall be sent via certified mail to the last known address of the applicant that is on file with the commissioner.
Source. 2004, 230:1. 2005, 255:51, 71, 72, eff. Sept. 12, 2005. 2009, 204:3, eff. Sept. 13, 2009.
TITLE XXXVI
PAWNBROKERS AND MONEYLENDERS
CHAPTER 399-D
DEBT ADJUSTMENT SERVICES
Section 399-D:13
   399-D:13 License Denial, Revocation, or Suspension. –
   I. The commissioner may issue an order requiring a person to whom any license has been granted or any person under the commissioner's jurisdiction to show cause why the license should not be revoked or penalties should not be imposed, or both, for violations of this chapter. The order shall give reasonable notice of the opportunity for a hearing and shall state the reasons for the issuance of the order. The commissioner may by order summarily postpone or suspend any license or application pending final determination of any order to show cause, or other order, or of any other proceeding under this section, provided the commissioner finds that the public interest would be irreparably harmed by delay in issuing such order. Upon the entry of the order, the commissioner shall promptly notify the respondent, applicant, or licensee that it has been entered and of the reasons for the order and that within 10 calendar days after receipt of a written request the matter will be scheduled for hearing. Valid delivery of such order shall be by hand or certified mail at the last known principal office of the licensee or respondent or to an officer, director, 5 percent or more owner, member, partner, or legal representative of the licensee or respondent. If the person to whom an order to show cause or other order fails to request a hearing within 30 calendar days of receipt or valid delivery of the order and no hearing is ordered by the commissioner, then such person shall be deemed in default, and the order shall, on the thirty-first day, become permanent, and shall remain in full force and effect until and unless later modified or vacated by the commissioner, for good cause shown. A hearing, if requested, shall be scheduled not later than 10 calendar days after the written request for such hearing is received by the commissioner, after which and within 20 calendar days from the date of the hearing the commissioner shall enter an order making such disposition of the matter as the facts require. If the licensee or respondent fails to request a hearing within 30 calendar days of receipt or valid delivery of such order or fails to appear at a hearing after being duly notified, or cannot be located after a reasonable search, such person shall be deemed in default and the proceeding may be decided against the person upon consideration of the order to show cause or other order, the allegations of which may be deemed to be true. The commissioner may by order, upon due notice and opportunity for a hearing, assess penalties, deny, suspend, and revoke a license or application, and bar any person from licensure if it is in the public interest, or any combination of the foregoing and the applicant, licensee or respondent, any partner, officer, member, or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the applicant, licensee or respondent:
      (a) Has violated any provision of this chapter or rules thereunder;
      (b) Has not met the standards established in this chapter;
      (c) Has filed an application for licensing which as of its effective date, or as of any date after the filing in the case of an order denying of the filing, was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;
      (d) Has made a false or misleading statement to the commissioner or in any reports to the commissioner;
      (e) Has made fraudulent misrepresentations, or has circumvented or concealed, through whatever subterfuge or device, any of the material particulars or the nature thereof required to be stated or furnished to a person under the provisions of this chapter;
      (f) Has failed to supervise its agents, managers, or employees;
      (g) Is the subject of an order entered within the past 5 years by this state, any other state, or federal regulator denying, suspending, or revoking licenses or registration;
      (h) Is permanently, preliminarily, or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of debt adjustment or collection activities;
      (i) Is not qualified on the basis of such factors as experience, knowledge, and financial integrity;
      (j) Has engaged in dishonest or unethical practices in the conduct of the business of debt adjustment;
      (k) Has violated applicable federal laws or regulations thereunder;
      (l) Has been convicted of a crime involving moral turpitude;
      (m) Has maintained a continuous course of unfair conduct;
      (n) Is insolvent, or has filed in bankruptcy or receivership, or made assignments for the benefit of creditors;
      (o) Has violated this chapter or any rule or order thereunder;
      (p) Has made an unsworn falsification under RSA 641:3 to the commissioner; or
      (q) For other good cause shown.
   II. The banking department may, upon due notice and opportunity for a hearing, suspend any license for a period not exceeding 30 days, pending investigation by the banking department.
   III. Any license revocation, license suspension, or unfavorable action by the banking department on a license shall comply with the provisions of RSA 541-A:30.
   IV. An aggrieved licensee may, pursuant to RSA 541-A:30 and RSA 541, appeal unfavorable action by the banking department.
   V. The banking department may take action for immediate suspension of a license, pursuant to RSA 541-A:30, III.
   VI. If a licensee is a partnership, association, corporation, or entity however organized, it shall be sufficient cause for the suspension or revocation of a license that any officer, director, or trustee of a licensed association or corporation or any member of a licensed partnership has so acted or failed to act on behalf of said licensee as would be cause for suspending or revoking a license to such party as an individual. Each licensee shall be responsible for supervision of its branch offices and for the acts of any or all of its employees while acting as its agent if such licensee, after actual knowledge of said acts, retained the benefits, proceeds, profits, or advantages accruing from said acts or otherwise ratified said acts.
   VII. If the commissioner finds that any licensee or applicant for license is no longer in existence or has ceased to do business as a debt adjuster, or cannot be located after reasonable search, the commissioner may by order revoke the license, impose penalties, or deny the application. The commissioner may deem abandoned and withdraw any application for licensure made pursuant to this chapter, if the applicant fails to respond in writing within 180 calendar days to a written request from the commissioner requesting a response. Such request shall be sent via certified mail to the last known address of the applicant that is on file with the commissioner.
Source. 2004, 230:1. 2005, 255:51, 71, 72, eff. Sept. 12, 2005. 2009, 204:3, eff. Sept. 13, 2009.

Check out this link:   http://www.startribune.com/investigators/9569 ... L7PQLanchO7DiUr         
This is bad news for those of who fell behind because of the economy.

i am dealing with this same exact number and company with the same situation. i started paying off this debt before i found this site. i contacted the original lender and the better business bureau but still waiting to hear back from those. i'm not paying another dime until i verify that it is in fact a real company. i also checked out there website and it seems phony as hell.

I received a call from them today at work.  The number called from was 413-591-0163 with a call back number of 877-334-5288.  These people have exchanges in various cities to seem as real as possible.  They claimed to have been calling me on a payday loan from 2008.  Threatened to garnish my wages.  Got angry when I suggested if litigation was where this was headed, I will gladly meet them in court.  I asked him not to contact my office again.  He called right back on a call displayed at "private".  I immediately recognized his voice as he did mine.  He asked for a fax number and when I asked who was calling he mumbled his named and did so three times making it unclear to comprehend.  Finally, I asked what he needed a fax number for, he asked my name, I told him and he threatened a wage garnishment.  I'm not a lawyer, but do know that for someone to garnish your wages, at least here in MA, you have to go through the courts.  I told him that.  So far, he has not attempted to call again.

After posting my first message, I looked at the website.  These guys cannot even spell Associates.  Their website says O'Brien, Wexler and Accociates.  I wouldn't pay them a cent.  Be aware I strongly believe they are as fake as a $3 bill.

I also recieved a called and I asked if they could send me something in writing, i gvae them my email address and they sent me a letter with what was stated in our previous conversation.  They have ahrassed me on my job and at home calling from 716-433-2831 with a call back number of 877-334-5288.  I have yet to recieve something ewven int the mail that shows that they are legit.

So if they are fake who are they? What do they want?

they are not fake... these complaints come from people who are upset because they don't want to pay there bills... i got a call the other day and it was about a returned check from 2008 i had issued to a payday lender...

They called my home looking for someone who does not live here and left treating message on my answering machine. Went on web to check them out and found this tread...FYI  caller ID was 716 433-2594.Call back # 877 334-5288 Caller said his name was Joe Thomas.

Susan maybe your check was returned but you can't safely say that is the case with others. I paid my payday loan in full and Arrowhead went beyond our contract and loan amount to continue to take money from my account. I shut them down real quick. About a year later I started getting calls from various people claiming things from the Sheriff was on his/her way to arrest me to a claim is going to be filed in court. Everytime I just calmly tell them to kick rocks and I'll see them in court.......this is going on 3 years now. I would be concerned with it if these fools tried to put something on my credit report, but the fact that they haven't goes to show a lack of authenticity. They got their money, the rest they are making up....

Nobody be afraid of these fake telephonic bullies!

I just wonder why you would be searching this number if they supposedly helped you and you know who called you  WITH THE number? Hello. Someone who works for the company.

To Jason Smith, and Susan who responded:  Yes, these guys are fake.  It has nothing to do with people not wanting to pay their bills.  I have never borrowed money, never used a check cashing place or anything else that has been mentioned in these posts.  There is absolulty no business this, or any other credit corporation would have with me.  They did not even call me by my legal first name, but used my nickname instead - and no transactions have ever been done using my nickname.  I monitor my credit history carefully - so I seriously think this is a case of a stolen identity - just a fruadulent company trying to get money out of me.

wow i cant believe that they just called me too and left the same phone #.. they asked me if i knew that i owe money to emerald marketing and i already paid them back in 2009 is 2011 and this is when they call me Too bad for them i had my recips in my email and i foward them the copies and then the guy was like ohhh sorry i might not being updated. number 877-334-5288. for call back. is so bad that this people are trying to get some more info from you to use it against you . dont let them fool u

yes i have im dealing with them now, they clam the same and want 120.00 a month for 5 months, i heard they call people up make all kinds of threats to to scare you into making payments, from courts to jail

I got a call from them today stating that a civil matter has been filed against me and that I need to act promptly regarding this matter.  I work at a law firm and asked several lawyers about this and was told that there are so many false companies out there trying to scare you into giving them a debit or credit card so they can attack your account.  I know this is true beause in 2008, my account was short $450 in one day from a company that I had paid in full and had sent me a statement acknowledging that the account was closed and then took money out anyway.  I got the money refunded and closed that account with my bank.  Please do not give out any bank information.  If they do not accept money transfers, or money orders they are a scam.

yes got a call tody i suspect this was fraud crazy

I've been getting scam calls like this for nearly a year now and AT WORK. I'm so sick of them I could scream. I no longer answer them, let them go directly to voice mail. I've asked them to stop calling and they will not. I've checked with our local police and the tactic(s) they are using are illegal, however with the continuing to change the numbers, the name of the company they call from, etc etc, there isn't much they can do. Consumer/Public beware because it is a phishing attempt to get your information including banking, social security, etc so that they can get your money/ID!!

Yeah. What kind of legit company doesnt list thier address................but of course they do have a web page for people to make payments. Probably isnt even a secure page either because then they would have to pay extra to GoDaddy who owns their web domain.

See. That is proof that they read these posts. They changed Associates from Accosiates. Be careful. The scammers are tapping in!!