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Scott Thayer Auto Sales, Inc.; 89 Washington St N; Auburn ME 04210-4820
August 1, 2016
Any person or entity engaged in the State of Maine in entering into consumer credit transactions is required to file a notification with the Superintendent of the Bureau of Consumer Credit Protection, in a form and containing such information as the Superintendent deems appropriate, before commencing business in Maine and then on or before January 31 of each succeeding year. (Title 9-A M.R.S. ? 6-201 and 6-202).
?Consumer Credit Transaction? is defined as: ??a consumer credit sale, consumer lease or consumer loan or a modification thereof including a refinancing, consolidation or deferral.? (Title 9-A M.R.S. ? 1-301(12)).
"Consumer credit sale" is defined as:
?A consumer credit sale" is a sale of goods, services or an interest in land in which: (1) Credit is granted either pursuant to a credit card other than a lender credit card or by a seller who regularly engages as a seller in credit transactions of the same kind; (2) The buyer is a person other than an organization; (3) The goods, services or interest in land are purchased primarily for a personal, family or household purpose; (4) Either the debt is payable in installments or a finance charge is made; (5) With respect to a sale of goods or services, not including manufactured housing or a motor vehicle, the amount financed does not exceed $50,000, consistent with Title X of the federal Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203; and (6) With respect to a sale of a motor vehicle as defined in Title 29-A, section 101, subsection 42, the amount financed does not exceed $50,000, consistent with Title X of the federal Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203. The amounts set out in subparagraphs (5) and (6) are automatically adjusted to correspond with any inflation adjustment made to the exempt transaction amount referenced in the Federal Truth in Lending Act, Section 104, subsection (3) and any rules adopted pursuant to that Act.? (Title 9-A M.R.S. ? 1-301 (11)).
The entity or person must also pay an annual fee of $20.00 plus $10.00 for each branch operated by such person or entity. (Title 9-A M.R.S. ? 6-203(1)).
In addition, persons or entities who are sellers, lessors or lenders must pay an additional fee with their notification each year based upon the dollar volume of business from consumer credit transactions entered into in the prior year. For automobile dealers the rate is $25.00 per $100,000.00 of consumer credit transactions entered into. (Title 9-A M.R.S. ? 6-203(2)).
The Superintendent may at any time, but not more frequently than once in 3 months, conduct an examination of any person or entity engaging in conduct covered by Title 9-A. (Title 9-A M.R.S. ? 6-106).
The Superintendent may impose a penalty of $5.00 per day on any person failing to comply with the requirements of sections 6-106, subsection6; 6-202 and 6-203. (Title 9-A M.R.S. ? 6-204 (1)).
If a licensee fails to pay the fees required by section 6-203, subsections 1 to 3 on or before February 20th of any year, or if the licensee fails to pay the expenses of examination or investigation of the administrator within the time period prescribed by the administrator which shall not be less than 30 days of receipt of the notice of assessment, the failure may be treated by the administrator as grounds for revocation of the license. (Title 9-A M.R.S. ? 6-204 (3)).
FACTS
On March 5, 1996, the Bureau of Consumer Credit Protection (Bureau) received Respondent Scott Thayer Auto Sales, Inc.?s notification of conducting business as a used car dealer and consumer credit seller, and assigned registration number UCD2983.
On December 2, 2014, the Bureau mailed a used car dealer registration renewal form to the above-named licensee, Scott Thayer Auto Sales, Inc., at the address provided by the company and contained in the Bureau?s records. That renewal form indicated that the Bureau must receive the completed renewal form within the statutorily-established timeframe in order for Scott Thayer Auto Sales, Inc. to continue its used car dealer and credit seller activities for the forthcoming 2015-2016 registration period. The registration renewal for Scott Thayer Auto Sales, Inc. was due to be returned to the Bureau offices by January 31, 2015. It was not returned.
The Bureau mailed a letter on October 16, 2015 to Scott Thayer Auto Sales, Inc. to notify the dealer of a routine compliance examination to be performed on November 24, 2015.
Scott Thayer Auto Sales, Inc. requested the Bureau?s routine compliance examination be rescheduled. The agreed upon date was changed to December 2, 2015.
The Bureau completed the examination, mailed the report of examination to Scott Thayer Auto Sales, Inc. on December 7, 2015 and required a written response to the examination report on or before February 7, 2016. Included with the report of examination was an invoice number 4238 with examination expenses totaling $341.92 which was required to be paid on or before January 7, 2016. The Bureau did not receive a response to the examination report or payment of the examination invoice by February 7, 2016.
The Bureau called Scott Thayer Auto Sales, Inc. on March 17, 2016 and left a detailed voicemail message inquiring about the written response to the examination report dated December 7, 2015.
The bureau mailed a certified letter to Scott Thayer Auto Sales, Inc. on March 17, 2016 requesting payment for invoice number 4238 for examination expenses totaling $341.92. On March 19, 2016 Mr. Carl Spencer signed for the certified letter mailed to Scott Thayer Auto Sales, Inc.
The Bureau did not receive a response to the March 17, 2016 phone call or the certified letter.
The Bureau called Scott Thayer Auto Sales, Inc. on April 1, 2016 and left a detailed voicemail message inquiring about the written response to the examination report dated December 7, 2015
The Bureau called Scott Thayer Auto Sales, Inc. on or about May 1, 2016 and left a message with an employee requesting Mr. Thayer call the bureau regarding their expired registration.
No response was received from Scott Thayer Auto Sales, Inc. to either phone call.
NOW THEREFORE, It is hereby ORDERED and Scott Thayer Auto Sales, Inc. is hereby notified that its right to enter into consumer credit transactions in the State of Maine is hereby revoked, unless and until such time as the right is re-instated by the Superintendent.
| Date: July 5, 2016 | /s/William N. Lund |
| William N. Lund | |
| Superintendent | |
| Bureau of Consumer Credit Protection |
| Date: July 5, 2016 | /s/William N. Lund |
| William N. Lund | |
| Superintendent | |
| Bureau of Consumer Credit Protection |