ORDERS:
CONSENT ORDER
This matter comes before me on
Petition of the South Carolina Department of Consumer Affairs (the Department)
filed on October 12, 2007 seeking, among other relief, an Order from this Court
requiring Respondent Samuel Belcher d/b/a Belcher and Associates to cease and
desist from operating as a Credit Counseling Organization in South Carolina,
restraining Respondent from further violating the Consumer Credit Counseling
Act, S.C. Code Ann. §§ 37-7-101 et seq., (2005) (the Act), and
requiring consumer refunds for such violations.
WHEREAS, the Department and Respondent,
without admitting or denying any of the allegations in the Department’s
Petition, consent and agree to the following terms as full and final resolution
of this matter:
1. On or before May 31, 2009
Respondent shall pay to the Department an amount equal to half of the funds
Respondent received from South Carolina consumers who entered into a contract
with Respondent after December 2, 2005. At a minimum, the required amount
will be $30,520;
2. The Department shall place
monies received pursuant to Item 1 above in escrow. As the payment accrues,
the Department shall distribute the monies to South Carolina consumers who
entered into a contract with Respondent after December 1, 2005. Such consumers
shall receive half of the monies paid to Respondent under the respective
contracts;
3. The Department shall make
reasonable efforts to successfully distribute the monies received pursuant to
Item 1 above. If, after exhausting all reasonable avenues, the Department
cannot locate a consumer, the Department may maintain the funds and utilize the
monies for enforcement purposes;
4. Within ten business days
of the effective date of this Order, Respondent shall submit a complete listing
to the Department of all South Carolina consumers who entered into a contract
with Respondent after December 1, 2005. The listing shall contain the names,
last known addresses and fees paid by such consumers;
5. Respondent will cease and
desist offering credit counseling services as defined by the Act;
6. Respondent will not
violate the provisions of the Act; and
7. The
Department will seek enforcement of this Order if Respondent does not fully
comply with its provisions.
(Signatures appear on next page).
We
Consent:
South Carolina Department of Samuel Belcher d/b/a Belcher and
Consumer
Affairs: Associates:
______________________________
___________________________________
Carolyn
Grube Lybarker, Esq. Samuel Belcher
Attorney
for Petitioner Respondent
3600 Forest Drive, Suite 300 120 Sandy Lane
P.O. Box 5757 (29250) Greenville, SC 29605
Columbia, SC 29204 864-422-0224
803-734-4297
December 11, 2007 December 4, 2007
Columbia, SC Greenville, SC
IT IS HEREBY ORDERED that:
1. Department and Respondent will
comply with all provisions of this Consent Order as set out above;
2. The provisions of this Consent
Order became effective upon signing by both parties; and
3. The South Carolina
Administrative Law Court retains jurisdiction over this matter for enforcement
of this Order.
AND IT IS SO ORDERED.
___________________________
Paige
J. Gossett
Administrative
Law Judge
December 14, 2007
Columbia, SC
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