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WHEREAS ATLAS ATM CORPORATION (“Atlas” or the “Corporation”), with its main business office located at 1106 North Main Street, Providence, Rhode Island, has entered into a STIPULATION AND CONSENT TO THE ISSUANCE OF A CONSENT ORDER ("CONSENT AGREEMENT") with representatives of the Division of Banks (“Division”) dated August 12, 2013, whereby, solely for the purpose of settling this matter, Atlas agrees to the issuance of this CONSENT ORDER (“Consent Order”) by the Commissioner of Banks (“Commissioner”);
WHEREAS, the Division of Banks ("Division"), through the Commissioner, has jurisdiction over the regulation of persons and entities engaged in the business of providing non-bank automated teller machines (“ATMs”), pursuant to the Division’s regulation, 209 C.M.R. 31.06;
WHEREAS, Atlas is, and at all relevant times, has been approved by the Commissioner, as a foreign corporation conducting business in the Commonwealth of Massachusetts. Atlas’ main office is located at 1106 North Main Street, Providence, Rhode Island;
WHEREAS, pursuant to M.G.L. c. 93A, §6, the Division, in conjunction with the Office of the Attorney General conducted an investigation relating to Atlas’ alleged failures to post and/or post in the proper form, disclosures and signage at certain ATMs in violation of the Division’s regulation 209 C.M.R. 31.06(3) (“The Investigation”);
WHEREAS, as a result of its investigation, the Division alleges that, in many instances, Atlas failed to conform to Division of Banks regulation 209 C.M.R. 31.06(3) and that this failure violated the Massachusetts Consumer Protection Act, M.G.L. c. 93A, § 2(a);
WHEREAS, the parties now seek to resolve by mutual agreement, the matters identified in the Order;
WHEREAS, without this Consent Order constituting an admission by Atlas of any allegations made or implied by the provisions of the Order; solely for the purpose of settlement of all alleged violations.
NOW COME the parties in the above-captioned matter, the Division and Atlas, and stipulate and agree as follows:
BY ORDER AND DIRECTION OF THE COMMISSIONER OF BANKS.
Dated at Boston, Massachusetts, this 12th day of August, 2013
David J. Cotney
Commissioner of Banks
Commonwealth of Massachusetts