CHAPTER 443B

COLLECTION AGENCIES

 

Section

443B-1 Definitions

443B-2 Powers and duties of the director

443B-3 Registration required

443B-3.5 Designation as exempt out-of-state collection

agency; limitations on business practices; fees;

disciplinary action

443B-4 Application for registration

443B-4.51 Certificate of registration

443B-4.52 Notice of termination of business

443B-4.53 Termination of business and surrender of certificate

of registration

443B-4.54 Notification of change

443B-4.55 Single act; evidence of practice

443B-4.56 Transfer of registration

443B-4.57 Fine, revocation, suspension, termination, denial of

registration, renewal of registration, or

restoration of registration

443B-4.58 Biennial renewal requirement

443B-4.59 Restoration of forfeited registration

443B-4.60 Collecting without a registration

443B-4.61 Repealed

443B-4.62 Audits

443B-4.63 Furnishing deceptive forms

443B-5 Bond

443B-6 Place of business; principal collector

443B-7 Repealed

443B-8 Manner in which records, funds, and other forms of

indebtedness are to be kept by collection agencies

443B-9 Collection, attorney's, or commission fees;

exception

443B-10 Reports and payments by agency

443B-10.5 Fiduciary responsibility

443B-11 Action on collection agency bond

443B-12 Remedies not exclusive

443B-13 Jurisdiction of courts

443B-14 Penalties

443B-15 Threats or coercion

443B-16 Harassment and abuse

443B-17 Unreasonable publication

443B-18 Fraudulent, deceptive, or misleading

representations

443B-19 Unfair or unconscionable means

443B-20 Unfair competition, unfair or deceptive acts or

practices

443B-21 Severability

 

Cross References

 

Sunset evaluations modified, see 26H-4 and 26H-5.

Collection practices, see chapter 480D.

Mortgage rescue fraud prevention act, see chapter 480E.

Secure and fair enforcement for mortgage licensing act, see chapter 454F.

 

Case Notes

 

Plaintiff not entitled to summary judgment on plaintiff's claim under 480-13, as plaintiff failed to establish that plaintiff was actually damaged by defendant's failure to register as a debt collector. 183 F. Supp. 2d 1234 (2002).

Designation of the director to enforce this chapter does not preclude standing to an individual to sue under chapter 480, provided the individual can satisfy the definition of "consumer"; circuit court's conclusion that plaintiffs had no standing to sue for a chapter 443B violation because director was charged with enforcement of the chapter, was error. 78 H. 213 (App.), 891 P.2d 300 (1995).

Because defendant was a bank, it was not a collection agency subject to this chapter's requirements. 901 F. Supp. 2d 1253 (2012).

 

 

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