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1 State of New Hampshire Banking Department 1 In re the Matter of: State of New Hampshire Banking Department, Petitioner and Family Protection Center (a/k/a Mortgage Protection Center, Mortgage Protection Center (a/k/a Family Protection Center, The Mortgage Protection Center, LLC (d/b/a Mortgage Protection Center and Family Protection Center, National Agents Alliance Insurance Agency, LLC (a/k/a NAA, National Agents Alliance, d/b/a Family Protection Center, and Mortgage Protection Center, National Agents Alliance (a/k/a NAA, National Agents Alliance Insurance Agency, LLC, d/b/a Family Protection Center, and Mortgage Protection Center Respondents Case No.: 0-BD-00 Staff Petition August, 0 Staff Petition - 1
2 1 STATEMENT OF ALLEGATIONS I. The staff of the Banking Department, State of New Hampshire (hereinafter referred to as the Department alleges the following facts: 1. On or about July, 0, the Department received a written communication from Consumer A, an individual, regarding a mailing from Respondent Family Protection Center P.O. Box 001 in Burlington, North Carolina A search from the Better Business Bureau shows a March, 0 Communications/Investigations tip regarding Respondent Family Protection Center (hereinafter FPC states Respondent FPC is also known as Respondent Mortgage Protection Center (hereinafter MPC with the same address as in paragraph 1 above.. A search for Mortgage Protection Center via the North Carolina Secretary of State website reveals Respondent The Mortgage Protection Center, LLC (hereinafter MPC, LLC is out of Hendersonville, North Carolina.. The telephone number listed with the same Better Business Bureau March, 0 Communications/Investigations tip leads to a voice mail indicating the caller has reached NAA and its website is which advertises it is America s #1 Seller of Mortgage Protection Insurance.. The website as indicated in a Network Solutions WHO IS search, is owned by Respondent National Agents Alliance out of Burlington, North Carolina (hereinafter Staff Petition -
3 1 National Agents Alliance. The street address is listed as Private.. The website shows two significant addresses. For NAA, the address is listed as Turrentine Street in Burlington, North Carolina and for the Senior Vice President Sales Development and Sales Quality Manager, it is listed as US HWY N in Danville, Virginia.. NAA stands for National Agents Alliance, which is on the company s logo as advertised on National Agents Alliance is mentioned on with an address of US HWY, Suite B in Danville, Virginia.. A search for National Agents Alliance via the Virginia Secretary of State website reveals Respondent National Agents Alliance Insurance Agency, LLC (hereinafter NAA, LLC is out of US HWY, Suite B in Danville, Virginia and its registered agent is the same individual listed on as its Senior Vice President Sales Development and Sales Quality Manager with the same address.. Consumer A indicated in the letter that Consumer A had been solicited via written correspondence by Respondent FPC to purchase mortgage life and disability insurance with no physical examination to enable Consumer A to protect Consumer A s mortgage loan in case of an unexpected occurrence. Staff Petition -
4 1. On or about August, 0, the Department received a written and verbal communication from Financial Institution A, a New Hampshire state-chartered bank, regarding its policy with respect to solicitations. 1. Respondent FPC s (and therefore all of the above mentioned Respondents solicitation further advised that benefits can include: a. in case of death, the program/plan would pay the mortgage amount in the event of borrower s death, b. in case of disability, the program/plan provides money to make the consumer s mortgage payment if the consumer cannot work due to an illness or injury, c. in case of unemployment, the program/plan pays the consumer s Policy Premium for up to six months, and d. a return of premium, wherein the program/plan returns 0% of the consumer s premium at the end of the term.. Respondent FPC s (and therefore all of the above mentioned Respondents solicitation reference the bank name in two places on the solicitation itself: a. At the very top of the solicitation preceded by RE: MORTGAGE TIME SENSITIVE and followed by Consumer A s name and address with the loan amount and date on the right of the page, Staff Petition -
5 b. In the Borrow information box, followed by loan amount, Consumer A s name and address.. None of the above mentioned Respondents received any authorization (written or otherwise to use the full or abbreviated name, trade name, service mark, or trademark of Financial Institution A. 1 II. ISSUES OF LAW The staff of the Department alleges the following issues of law: 1. The Department re-alleges the above-stated facts in paragraphs 1 through.. The Department has jurisdiction over state-chartered banks pursuant to RSA : ( Duties.. Pursuant to RSA :1-a, IV ( Cease and Desist Order, the Bank Commissioner (hereinafter Commissioner may issue and serve upon an individual or business entity a cease and desist order for any act or conduct that is in violation of RSA : ( Unauthorized and Deceptive Use.. Pursuant to RSA : ( Enforcement, the Commissioner may issue a cease and desist order against any individual or business entity which engages in any act or conduct that violates RSA : involving a financial institution under the jurisdiction of the Commissioner and may bring legal action to enforce the order.. Pursuant to RSA :, IV, for the purposes thereof, the term financial institution shall include a state-chartered bank as defined in RSA -B:1, I. Staff Petition -
6 1. Pursuant to RSA :, I (a, no individual or business entity shall, without the prior written authorization of a financial institution, use the full or abbreviated name, trade name, service mark, or trademark of any financial institution in any written, electronic, or oral advertisement or solicitation for products and services. RELIEF REQUESTED The staff of the Department requests the Commissioner take the following action: 1. Find as fact the allegations contained in Section I of the Statement of Allegations of this Petition.. Make conclusions of law relative to the allegations contained in Section II of the Statement of Allegations (Issues of Law of this Petition.. Pursuant to RSA :1-a, IV, order Respondent to immediately Cease and Desist from any violations of RSA :.. Pursuant to RSA :, order all above mentioned Respondents to immediately Cease and Desist from any violations of RSA :.. Take such other legal administrative and legal actions as are necessary for enforcement of the New Hampshire banking laws, the protection of New Hampshire citizens, and to provide other equitable relief. RIGHT TO AMEND The Department reserves the right to amend this Petition for Relief and to request that the Banking Department Commissioner take additional administrative action. Nothing herein shall preclude the Department from bringing additional enforcement action under RSA :1-a, RSA : or RSA : or any regulations thereunder. Staff Petition -
7 Respectfully Submitted: /S/ Maryam Torben Desfosses Staff Attorney 1 Staff Petition -
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