Chapter 443B — Chapter 443B

§443B-1 Definitions. As used in this chapter: "Client" means a person who offered or extended credit which created a debt, or to whom a debt is owed, and who engages the professional services of a collection agency. The term does not include any person who receives an assignment …

§443B-10 Reports and payments by agency. Every collection agency shall, within thirty days after the close of each calendar month, report and pay to its clients the net amount due to each client out of all collections made during the preceding calendar month. In the event the gro…

§443B-14 Penalties. Any violation of this chapter is punishable by a fine of not more than $5,000 per violation. Any officer, agent, or employee of a collection agency who personally participates in any violation of this chapter by the collection agency shall be subject to penalt…

§443B-15 Threats or coercion. No collection agency shall collect or attempt to collect any money or other forms of indebtedness alleged to be due and owing by means of any threat, coercion, or attempt to coerce, including any conduct which is described as follows:

§443B-18 Fraudulent, deceptive, or misleading representations. No collection agency shall use any fraudulent, deceptive, or misleading representation or means to collect, or attempt to collect, claims or to obtain information concerning a debtor or alleged debtor, including any c…

§443B-2 Powers and duties of the director. In addition to any other powers and duties authorized by law, the director shall:

§443B-3 Registration required. (a) No collection agency shall collect or attempt to collect any money or any other forms of indebtedness alleged to be due and owing from any person who resides or does business in this State without first registering under this chapter. (b) Regist…

§443B-3.5 Designation as exempt out-of-state collection agency; limitations on business practices; fees; disciplinary action. (a) A collection agency that is not registered as a collection agency in the State may apply for designation as an exempt out-of-state collection agency b…

§443B-4.52 Notice of termination of business. (a) Not less than sixty days before a collection agency terminates its business operations in the State, the registrant shall transmit a statement to the director and to each of the agency's clients indicating: (b) If the registrant i…

§443B-4.57 Fine, revocation, suspension, termination, denial of registration, renewal of registration, or restoration of registration. In addition to any other actions authorized by law, the director may fine any agency, revoke or terminate any registration, suspend the right of …

§443B-4.59 Restoration of forfeited registration. (a) A forfeited registration may be restored by submitting an application provided by the director and by paying a delinquent renewal fee and a restoration fee in the amount specified by rule. (b) Failure to restore a forfeited re…

§443B-4.61 REPEALED. L 1992, c 202, §197.

§443B-5 Bond. (a) Each collection agency shall file and maintain with the director a bond in the penal sum of $25,000 for the first office in this State and $15,000 for each additional office in this State. (b) All bonds required by this section shall be issued by a surety compan…

§443B-7 REPEALED. L 1992, c 202, §198.

§443B-8 Manner in which records, funds, and other forms of indebtedness are to be kept by collection agencies. (a) Every collection agency shall keep and maintain a permanent record or have immediate access to copies of the permanent record of all funds and other forms of indebte…

§443B-9 Collection, attorney's, or commission fees; exception. (a) A collection agency shall not collect, or attempt to collect, any collection fee or attorney's fee or commission from any debtor; provided that an attorney's fee or commission may be collected after filing of a su…