UPG; 255 Great Arrow Avenue; Buffalo, NY 14207-3027 - Order Requiring Performance and Imposing Sanctions

October 8, 2014

WHEREAS the Maine Bureau of Consumer Credit Protection (the Bureau) is authorized to enforce the Maine Fair Debt Collection Practices Act, 32 M.R.S. ? 11001 et seq., including issuing licenses to debt collectors pursuant to id. ? 11031 to conduct the business of a debt collector in this State; and

WHEREAS UPG is, and at all times relevant to this Order was, a debt collector holding a debt collection license, DCL 12816, with the Bureau; and

WHEREAS K. M. D., a Maine consumer, on August 19, 2014, filed a complaint with the Bureau asserting that she had been contacted in August 14 and 19, 2014, by UPG, which asserted that K. M. D. owed money on payday loans that she was said to have obtained in 2011 and 2012 via a checking account at a named credit union ; and

WHEREAS K. M. D. disputed that she had taken out any payday loans; did not recognize the names of the companies with which UPG said she had done business; told UPG that she did not live in Maine in 2011 or 2012 and that she did not bank at the named credit union; asked UPG to send her information about these claimed debts; and asked UPG not to call her again; and

WHEREAS UPG said it could not or would not guarantee that it would not call again because of an automated calling system it has in place, and could not or would not send her the information she requested; and

WHEREAS the Bureau wrote to UPG on August 26, 2014 to ask that UPG validate the debt it claimed K. M. D. owed; and

WHEREAS UPG did not acknowledge receipt of the Bureau?s letter of August 26, 2014, and at no time validated the claimed debt either to the Bureau or to K. M. D.; and

WHEREAS K. M. D. has since told the Bureau that she has recently received further, recorded calls from UPG, which included its telling her that she may be the subject of ?unwanted action?; and

WHEREAS K. M. D. has also reported that her mother received a call from UPG about a ?financial matter? of K. M. D.?s even though UPG has been able to reach K. M. D.;

NOW THEREFORE IT IS HEREBY ORDERED that UPG shall forthwith undertake to validate the debts that it claims K. M. D. owes and shall notify K. M. D. of the result of its validation efforts as required by the federal Fair Debt Collection Practices Act, 15 U.S.C. ? 1692g, and the Maine Fair Debt Collection Practices Act, 32 M.R.S. ? 11014; and it is further

ORDERED that UPG shall have no further contact with K. M. D. or any other person, other than representatives of the Bureau, concerning the debts it asserts K. M. D. owes, except insofar as is necessary to fulfill its debt validation obligations pursuant to 15 U.S.C. ? 1692g and 32 M.R.S. ? 11014; and it is further

ORDERED, pursuant to 10 M.R.S. ? 8003(5)(A-1)(3), that within 30 days of the date of this Order, UPG shall pay to the Bureau a civil penalty of $500 for each of the following actions taken by it: (1) maintaining a collection action against K. M. D. after telling her that it would not or could not send her any information about the debts it claimed she owed; (2) calling K. M. D. after she told UPG not to call her; (3) threatening to take action against K. M. D. that she would not want to occur; and (4) calling K. M. D.?s mother when, because it had already been in contact with K. M. D., there was no reason to do so, and telling K. M. D?s mother that its call concerned a financial matter, for a total civil penalty of $2000; and it is further

ORDERED, pursuant to 10 M.R.S. ? 11051, that UPG shall pay to the Bureau $250 within 30 days of the date of this Order as reimbursement for its reasonable costs of investigation.

Date: October 07, 2014	/s/William N. Lund
	William N. Lund
	Superintendent
	Bureau of Consumer Credit Protection

NOTICE PURSUANT TO THE MAINE ADMINSTRATIVE PROCEDURE ACT

UPG may request the scheduling of an administrative hearing on this Order within 30 days of the date of the receipt of this Order by making that request in writing to the above-referenced Superintendent, or may seek within that same time frame judicial review of this Order pursuant 5 M.R.S.A. ?? 11001-11008 of the Maine Administrative Procedure Act.

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