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Ezell Williams & Associates - NOTICE TO THE PUBLIC
September 30, 2010
WHEREAS the Maine Bureau of Consumer Credit Protection (Bureau) is established to, among other things, receive and act on complaints, 9-A M.R.S. ? 6-104(1)(A); and
WHEREAS the Bureau is authorized to enforce the Maine Fair Debt Collection Practices Act, see 32 M.R.S. ? 11002(9), and the Act requires a debt collector to be licensed by the Bureau to conduct the business of a debt collector in Maine, id. ? 11031(1); and
WHEREAS the Bureau received a complaint from a Maine consumer, G. L. B., that she had received a call from a debt collector, Ezell Williams & Associates, ostensibly located in Oswego, Illinois, telling her that she owed a debt on a payday loan and that her wages would be garnished if she did not pay a stated amount to settle the debt; and
WHEREAS Ezell Williams & Associates is not, and at the time of G. L. B.?s complaint was not, licensed by the Bureau as a debt collector, in violation of id. ? 11031(1), and had engaged in conduct that violated id. ? 11013(2)(E) by threatening to garnish G. L. B.?s wages when garnishment can occur only pursuant to court order, 9-A M.R.S. ? 5-104; and
WHEREAS the Bureau sent a letter to Ezell Williams & Associates on June 14, 2010, alleging that the company had conducted the business of a debt collector without being licensed by the Bureau and had illegally threatened to garnish the wages of G. L. B.; and
WHEREAS Ezell Williams & Associates did not respond to the letter of June 14, 2010, from the Bureau in order to rectify its illegal conduct;
NOW THEREFORE, the public is NOTIFIED of the illegal conduct of Ezell Williams & Associates; and it is further
NOTIFIED that this Notice to the Public may remain available to be accessed by the public through the Bureau?s website until such time as Ezell Williams & Associates shall be licensed to conduct the business of a debt collector; and it is further
NOTIFIED that Ezell Williams & Associates is to pay $500 to the Bureau within 30 days of the date of this Notice as reimbursement for reasonable costs of investigation pursuant to 9-A. M.R.A. ? 6-106(6), with payment of such costs, no matter when made, to be a prerequisite to licensure of Ezell Williams & Associates as a debt collector.
Ezell Williams & Associates may request the scheduling of an administrative hearing on this Notice within 30 days of the date of this Notice by making that request in writing to the undersigned Superintendent, or may seek review of this order pursuant to the Maine Administrative Procedure Act, 5 M.R.S.A. ?? 11001-11008.
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