Case 2:14-cv-02090-MWF-PLA Document 3 Filed 03/19/14 Page 1 …

[Pages:5]Case 2:14-cv-02090-MWF-PLA Document 3 Filed 03/19/14 Page 1 of 127 Page ID #:25

Case 2:14-cv-02090-MWF-PLA Document 3 Filed 03/19/14 Page 2 of 127 Page ID #:26

1 Lending Act (TILA), 15 U.S.C. ? 1601 et seq., the Electronic Funds Transfer Act (EFTA), 15

2 U.S.C. ? 1693 et seq., the Gramm-Leach-Bliley Act (GLBA), 15 U.S.C. ? 6802 et seq., or any

3 other Federal consumer financial law.

4

2. I am authorized to execute a declaration verifying the facts that are set forth in

5 the Petition of the Consumer Financial Protection Bureau for an Order to Enforce Civil

6 Investigative Demands (Bureau Petition) filed herewith. I have read the Bureau Petition and

7 exhibits thereto and verify that Exhibits A through C are true and correct copies of the

8 documents contained in the Bureau's official files. The facts set forth herein are based on my

9 personal knowledge or information made known to me in the course of my official duties.

10

3. On June 12, 2012, the Bureau issued a civil investigative demand (CID) to each

11 Respondent, requiring it to answer interrogatories and produce documents. A true and

12 correct copy of each CID is attached to this Declaration as Exhibit A.

13

4. Each of the CIDs was signed by Kent Markus, the Assistant Director of the

14 Office of Enforcement, and served upon the Respondent by certified mail, return receipt

15 requested, at its principal place of business.

16

5. Pursuant to a request by Respondents' counsel, the Bureau granted

17 Respondents a 14-day extension of the deadline for filing a petition to modify or set aside

18 the CIDs.

19

6. On July 17, 2012, Respondents jointly filed a timely petition to set aside the

20 CIDs. Respondents unintentionally omitted Exhibit G to the petition, an error which they

21 corrected by submitting the exhibit on July 31, 2012. A true and correct copy of the petition

22 and Exhibit G are attached to this declaration as Exhibit B.

23

7. On September 26, 2013, the Bureau's Director, Richard Cordray, issued a

24 decision and order denying the petition to set aside the CIDs. The order directed

25 Respondents to comply with the CIDs by October 17, 2013. A true and correct copy of this

26 order is attached to this declaration as Exhibit C.

27

28

2

Case 2:14-cv-02090-MWF-PLA Document 3 Filed 03/19/14 Page 3 of 127 Page ID #:27

1

8. Counsel for Respondents requested an extension of the compliance date, and

2 the Bureau authorized an extension until October 24, 2013.

3

9. Respondents have failed to comply with the Bureau's CIDs.

4

10. Based on Exhibit B, I understand that Respondent Great Plains Lending, LLC

5 is a limited liability company. Through its website, , it offers small-

6 dollar loans to consumers nationwide. That website lists the company's customer service

7 address as 1050 East 2nd Street, Box 500, Edmond, Oklahoma 73034; it directs consumers

8 to send payments to P.O. Box 42906, Philadelphia, Pennsylvania 19101. I last visited

9 on March 4, 2014.

10

11. Based on Exhibit B, I understand that Respondent MobiLoans, LLC is a

11 limited liability company. Through its website, , it offers small-dollar loans to

12 consumers nationwide. That website lists the company's physical address as 151 Melacon

13 Drive, Marksville, Louisiana 71351; it directs consumers to send payments to P.O. Box

14 42917, Philadelphia, Pennsylvania 19101. I last visited on March 4, 2014.

15

12. Based on Exhibit B, I understand that Respondent Plain Green, LLC is a

16 limited liability company. Through its website, , it offers small-dollar loans to

17 consumers nationwide. That website lists the company's customer service address as 93

18 Mack Road, Suite 600, P.O. Box 270, Box Elder, Montana 59521; it directs consumers to

19 send payments to P.O. Box 204271, Dallas, Texas 75320-4271. I last visited

20 on March 4, 2014.

21

13. I have reviewed consumer complaints in the Consumer Sentinel Network, at

22 , relating to the three Respondents. Those complaints indicate that all

23 three Respondents have marketed, offered, and provided consumer financial products to

24 consumers residing in this district in the past two years. Specifically, 15 consumers listing

25 residential addresses in this district lodged complaints against Great Plains Lending, LLC,

26 and eight of those consumers made statements in their complaints indicating that they had

27 obtained loans from Great Plains Lending, LLC. Twenty-one consumers listing residential

28

3

Case 2:14-cv-02090-MWF-PLA Document 3 Filed 03/19/14 Page 4 of 127 Page ID #:28

Case 2:14-cv-02090-MWF-PLA Document 3 Filed 03/19/14 Page 5 of 127 Page ID #:29

Exhibit A

Case 2:14-cv-02090-MWF-PLA Document 3 Filed 03/19/14 Page 6 of 127 Page ID #:30

Page 5 Exhibit A

Case 2:14-cv-02090-MWF-PLA Document 3 Filed 03/19/14 Page 7 of 127 Page ID #:31

Page 6 Exhibit A

Case 2:14-cv-02090-MWF-PLA Document 3 Filed 03/19/14 Page 8 of 127 Page ID #:32

Page 7 Exhibit A

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download