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RECetVED JUN 29 2Gi7
.O\FS/OGClfUE tr:IE I \Yr£ lib APR 1 7 ln17
STATE OF MICHIGAN DEPARTMENT OF INSURANCE AND FINANCIAL
SERVICES
Before the Director of the Department of Insurance and Financial
Services
In +e matterof:
Ac$o of Michigan, Inc. Enforcement Case No. 17·14787 db~ Advance
America
dbd Advance America, Cash Advance
db~ Anytime Walle!
db~ Kickstand Lending
Lic~nse No. (Corporate- see addendum for individual
licenses)
I 1 Respondent.
I Issued and entered
11·.... onb~~f;a f. Yo~~iflSenior Deputy Director
bRDER ACCEPTING STIPULATION AND REQUIRING COMPLIANCE AND PAYMENT
OF FINES I
Ba~ed upon the Stipulation to Entry of Order and the files and
records of the Department of Insurance and Fin~ncial Services
(OIFS), the Senior Deputy Director finds and concludes that:
1. I Pursuant to Executive Order 2013-1 , all authority, powers,
duties. runctions, and responsibilities of the Commissioner of the
Office of Financial and Insurance Regulation (Commissioner) have
been transferred to the Director of the Department of Insurance and
Financial Services (Director).
2. The Senior Deputy Director has jurisdiction and authority to
adopt and issue this Order Accepting Stipulation and Requiring
Compliance and Payment of Fines in this proceeding pursuant ro the
Michigan Administrative Procedures Act (APA), as amended, MCL
24.201 et seq., and the Deferred Presentment Service Transactions
J.\.ct (Act), 2005 PA 244, MCL 487.2121 el seq.
3. All required notices have been issued in this case and the
notices and service thereof:were appropriate and lawful in all
respects.
4. I Acceptance of the Stipulation to Entry of Order is
reasonable and in the public interest.
5. All applicable provisions of the APA have been met.
6. Respondent violated Section 34(8) of the Act, MCL
487.2154(8).
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i Ord~r Accepting Stipulation Ent4rcement Case No. 17-14787 Pagr
2 of 2
Noi therefore, based upon the Stipulation to Entr/ of Order and
the facts surrounding this case, IT IS ORPERED THAT:
IA. I I Respondent shall comply with all terms agreed to in the
Stipulation to Entry of Order.
I I Respondent shall pay to the State of Michigan, through DIFS,
administrative and civil fines in the8.1 amount of $7,000.00.
Respondent shall pay the fines within 30 days of the invoice date
as indicated on the DIFS' invoice.
C. I ,, I Respondent shall not engage in any violations of
sections of the Act identified in paragraph 6of this 1 Order. l
D. l Respondent shall, on each business day, conduct checks of
all deferred presentment service · , transaction contracts to make
certain that the closed transactions are timely entered into the
Veritec I 1 database and all transactions, including repayment
plans, are properly reported to the VeritecI database, in
compliance with the Act.
E. I Respondent shall, on each business day, conduct a review of
its deferred presentment serviceI transactions to determine if all
new transactions have been reported to the Veritec database byI
comparing its daily transactions lo the transactions that have been
reported to the Veritec database.
F. I The Senior Deputy Director retains jurisdiction over the
matters contained herein and has !heI authority to issue such
further order(s) as shall be deemed just. necessary. and
appropriate in j i accordance with the Act. Failure to abide by the
terms and provisions of the Stipulation to Entry of
I i Order and this Order may result in the commencement of
additional proceedings.
http:7,000.00
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I Stip41ation to Entrt of Order Enforcement Case No. 17-14787
Pag~ 3 of 3
i 17., It is further stipulated that the amount of
administrative and civil fines has been negotiated in return
for the avoidance of further proceedings and certain promises
and conditions, one of which is the timely payment of said
administrative and civil fines. Should Respondent fai l to pay the
administrative and civil fines in accordance with the terms of this
Stipulation and Order, the parties agree that an action will
commence to determine if theRespondent has. in fact, failed to
pay,and, if so, Respondent agrees that the administrative and civil
fines will immediately increase to the maximum amount allowed under
the Act and shall be immediately due in full.
I AC~O OF MICHIGAN, INC. dbaJAdvance America db~Advance America,
Cash Advance db~ Anytirne Wallet db~Kickstand Lending
Dated
I
OIF~ Staff approve this Stipulation to Entry of Order and
recommend that the Director issue an Order Ac~pting Stipulation and
Requiring Compliance and Payment of Fines.
I Services
Dated
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STATE OF MICHIGAN
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
Before the Director of the Department of Insurance and Financial
Services
STIPULATION TO ENTRY OF ORDER
AC 0 of Michigan, Inc. dba Advance America dba Advance America,
Cash Advance dba Anytime Wallet db~Kickstand Lending (Respondent)
stipulates to the following:
In t e matter of:
AC 0 of Michigan, Inc. db Advance America db Advance America,
Cash Advance db Anytime Wallet db Kickstand Lending Lie nse No.
DP-0019168
Respondent.
1.
2.
3.
4.
5.
6.
7.
On or about [ENTER NOSC DATE], the Department of Insurance and
Financial Services (DIFS) served Respondent with a Notice of
Opportunity to Show Compliance (NOSC) alleging that Respondent had
violated provisions of the Deferred Presentment Service
Transactions Act (Act), 2005 PA 244, MCL 487.2121 et seq.
The NOSC contained allegations that Respondent violated Section
34(8) of the Act, MCL 487.2154(8), and set forth the applicable
laws and the penalties which apply.
Respondent exercised its right to an opportunity to show
compliance pursuant to the Michigan Administrative Procedures Act
(APA), MCL 24.201 et seq.
DIFS and Respondent have conferred and have agreed this matter
may be resolved pursuant to the terms set forth below.
At all pertinent times, Respondent's several locations were
licensed with DIFS as deferred presentment service transactions
providers pursuant to the Act.
Respondent neither admits nor denies the allegations contained
in the NOSC and desires to.avoid the time and expense of formal
proceedings and agrees to resolve this matter pursuant to this
Stipulation to Entry of Order.
Respondent shall, on each business day, conduct checks of all
deferred presentment service transaction contracts to make certain
that the closed transactions are timely entered into the Veritec
database and all transactions. including repayment plans, are
properly reported to the Veritec database, in compliance with the
Act.
Enforcement Case No.17-14787
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StipJ1ation to Entry of Order . Enf~~ent Case No. 17-14781 PaQ1l
2tof 3
I r . 8. I Respondent shall, on each business day, conduct a
review of its deferred presentment service
I transactions to determine if all new transactions have been
reported to the Veritec database by comparing its daily
transactions to the transactions that have been reported to the
Veritec database.
Respondent shall implement controls to ensure that transactions
are properly closed only when9. statutory requirements are
met-namely, that the transactions meet the definition of "closed"
under Section 2(1)(c), MCL 487.2122(1)(c). Respondent shall develop
policies and procedures for the sale of dishonored checks to third
party buyers.
Respondent agrees that it will pay to the State of Michigan,
through OIFS, administrative and civil fines in the amount of
$7,000.00. Respondent further agrees to pay the fine within 30 days
of the invoice date indicated on the DIFS' invoice.
Both parties have complied with the procedural requirements of
the .A.PA and the Act.
Respondent understands and agrees that this Stipulation to Entry
of Order will be presented lo the Senior Deputy Director for
approval.
The Senior Deputy Director may, in her sole discretion. decide
to accept or reject the Stipulation to Entry of Order. If the
Senior Deputy Director accepts the Stipulation to Entry of Order,
Respondent waives the right to ahearing in this matter and consents
to the entry of the OrderAccepting Stipulation and Requiring
Compliance and Payment of Fines. If the Senior Deputy Director does
not accept the Stipulation to Entry of Order, Respondent waives any
objection to the Director holding a formal administrative hearing
and making adecision after such hearing.
Respondent has had an opportunity to review the Stipulation to
Entry of Order and the proposed Order Accepting Stipulation and
Requiring Compliance and Payment of Fines and have the same
reviewed by legal counsel.
It is further stipulated that failure to comply with the Order
of the Director accepting this Stipulation by failing to pay the
administrative and civil fines as set forth above shall result in
the commencement of an action to suspend (or to continue the
suspension on all licenses and registrations under the Act held by
Respondent.
It is further stipulated that in recognition of the requirement
that a licensee applicant must show, and the Director determine,
that it has the financial responsibility, financial condition,
business experience, character, and general fitness to reasonably
warrant a belief that the applicant will conduct its business
lawfully and fairly, and that in so making that determination the
Director may review the competence, experience, integrity, and
financial ability of any person who is a member. partner, executive
officer, or a shareholder with 10% or more interest in the
applicant, should the Respondent fail to comply with the Order of
the Director accepting this Stipulation by failing to pay the
administrative and civil fines as set forth above, such failure
will be taken as evidence of a lack of financial
responsibility,competence, integrity, financial ability, character
and/or general fitness and result in the denial of any license or
registration renewal and the denial of future applications for any
licensure or registration of both Respondent and its owners until
compliance with the terms of this Stipulation are shown.
http:7,000.00
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STATE OF MICHIGAN DEPARTMENT OF INSURANCE AND FINANCIAL
SERVICES
i Before the Director of the Department of Insurance and
Financial Services
IIn t~e matter of:
Ac$o of Michigan, Inc. Enforcement Case No. 17-14787 dbalAdvance
Ame~ca dbajAdvance Amenca. Cash Advance dbajAnytime Wallet
dba!Kickstand Lending
i Respondent.
ADDENDUM TO CAPTION ONDIVIDUAL LICENSE NUMBERS)
OF!-0013137 DP-0013170 DP-0013237 DP-0013273 DP-0014664
DR,-0013139 DP-0013171 DP-0013238 DP-0013274 DP-0014666 DR-0013140
DP-0013172 DP-0013239 DP-0013275 DP-0014941 OR,-0013141 DP-0013173
DP-0013241 DP-0013298 DP-0014972 DR,-0013142 OP-0013174 DP-0013242
DP-0013299 DP-0014973 Off-0013143 DP-0013176 DP-0013243 OP-0013300
DP-0015206
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DP-0013144 DP-0013178 DP-0013244 DP-0013301 DP-0015253____]
DR-0013145 DP-0013179 DP-0013245 DP-0013302 DP-0015347
DP-0013147 DP-0013203 DP-0013246 OP-0013303 DP-0015566 Di?-0013148
--DP-0013205 DP-0013247 DP-0013304 DP-0015567 Df?-0013149
DP-0013206 DP-0013249 OP-0013305 DP-0015568 OP,-0013150 OP-0013207
DP-0013250 DP-0013306 DP-0015631 DFi'-0013151 DP-001321 1
DP-0013251 DP-0013308 DP-0015636 DP,-0013152 DP-0013213 DP-0013252
DP-0013309 DP-0015870 DP,-0013153 DP-0013214 DP-0013253 DP-0014038
DP-0015970 Dl?-0013154 DP-0013220 DP-0013254 OP-0014039 DP-0015987
Off-0013156 DP-0013222 DP-0013256 OP-0014247 DP-0016048 Df?-0013157
DP0013223 DP-0013257 OP00143i6 DP-0016049 DP,-0013158 OP-0013225
DP-0013258 DP-0014323 DP-0016617 Dl?-0013159 DP-0013226 DP-0013259
DP-0014351 I DP-0017122 DIP-0013160 DP-0013228 DP-0013260
DP-0014352 I DP-0017387 DP,-0013161 OP-0013229 DP-0013261
DP-0014379 DP-0017660 ·· ---··-· ----- ····--·· Df?-0013162
DP-0013230 DP-0013262 DP-0014401 DP-0018047 DP.-0013163 DP-0013231
DP-0013263 DP-0014438 DP-0018413 Df?-0013164 DP-0013232 DP-0013264
DP-0014446 OP-0018469 DIP-0013165 OP-0013233 DP-0013267 DP-0014476
DP-0018749 DP-0013166 DP-0013234 DP-0013268 DP-0014506 DP-0019149
DP,-0013167 DP-0013235 DP-0013269 DP-0014540 DP-0019168 '
DP.-0013169 DP-0013236 DP-0013272 DP-0014547 DP-0019564