A state by state directory of consumer protection laws
These 23 states have their own consumer protection laws
If you are a resident of one of these 23 states who have their own consumer protection laws then you should use your state laws in working with the CREDITWRENCH program.
Are you in one of these states? If so then the state FDCPA applies to the Creditor as well. These states make no distinction between Creditor and Collection Agency.
CHAPTER 9 - COLLECTION
AGENCIES
Collection agencies must comply with
Arizona's licensing requirements prescribed under Title 32, Chapter
9, Article
1 Sec.
32-1001, et seq., of
the Arizona Revised Statutes.
Article 1 - Administration 32-1001
- Definitions and exemptions 32-1004
- Exemptions
Article 2 - Licensing 32-1021
- Original application for license; financial statement; bond;
definition 32-1022
- Contents of financial statement; bond provisions 32-1023
- Qualifications of applicants 32-1024
- Licensing out-of-state collection agents 32-1025
- Annual renewal of license 32-1026
- Issuance of licenses 32-1027
- Issuance of provisional license for limited purposes 32-1028
- Fees
Article 3 - Regulation 32-1051
- Duties of licensees 32-1053
- Denial, revocation or suspension of license 32-1055
- Unlawful acts 32-1056
- Violation; classification 32-1057
- Prosecution of violations; individual liability
Requirements:
Submission of an application and financial statement, an application fee
of $1,500, See ARS
6-126 [Collection Agency
Application Fee of $1,500.00]
Highlighted
6-126 - Application fees for financial institutions and
enterprises
Highlighted 6-126; Version 2 - Application fees for financial
institutions and enterprises
Highlighted 36-2987 - Reimbursement for programs Highlighted
36-2948 - Prohibited collection practices
Highlighted 32-2430 - Exemptions
Highlighted 11-297.02 - Claims against county for medical
care; liability
Highlighted 36-2903.01 - Additional powers and duties;
violation; classification
CHAPTER 6 -
DEBT MANAGEMENT COMPANIES
Article 1 - In General 6-701 -
Definitions 6-702 -
Exemptions 6-703 -
License required 6-704 -
Application for license; bonds; contract 6-705 -
Branch offices and agencies 6-706 -
Fees 6-707 -
Issuance of license; display; cancellation on termination 6-708 -
Denial; revocation or suspension of license 6-709 -
Requirements 6-710 -
Prohibitions 6-714 -
Advertising 6-715 -
Prohibitions 6-716 -
Fees collected
Posting of a bond is required in an
amount based on the gross annual income of the licensee for the preceding
year with a minimum amount of $10,000, and a maximum bond amount of $35,000
in compliance with regulations set forth in Arizona Revised Statutes
Application and licensing
information may be obtained
from: The
Department of Banking
2910 N. 44th Street, Ste.#310
Phoenix, Arizona 85018
Arizona
Attorney Bar Locate
an Attorney who practices in Arizona, State laws, and Links
Interest
Rate(s): Legal 10% Judgment
10% or Contractual Amount
Debt Collection Statute
of Limitations:
Open Acct. 3 Years - Written Contract 6 Years in Arizona - 4 Years outside
Arizona - Domestic Judgments 5 Years additional 5 upon request indefinitely
- Foreign Judgments 4 Years
Garnishment
&
General Exemptions:
Exempts 75% of disposable earnings per week, from Garnishment or an amount
equal to 30 times federal minimum hourly wage, whichever is
greater.
Summary:
Bond
Required$10,000 to $35,000, License
and registration required to solicit and/or collect, Heavy Regulation, Resident
Office Required to solicit and/or collect, Required to register Alias
only, Must Itemize debt in duns; Must attempt home contact first; Debtor
has rights to assess of records, Trust accounts required; Account records
required; State May Audit.
The major laws
that govern financial institutions and protect individuals in their financial
dealings are:
Consumer Credit Protection
Act It is the purpose of this
title to assure a meaningful disclosure of credit terms so that the consumer
will be able to compare more readily the various credit terms available to
him and avoid the uninformed use of credit, and to protect the consumer against
inaccurate and unfair credit billing and credit card practices.
Truth in Lending
Act Consumer Credit Costs
Disclosures, requires a lender to tell you how much it will cost to borrow
money so that you can compare the terms of credit offered by different lenders.
Fair Credit and Charge Card Disclosure
Act requires a lender offering
you a credit card to tell you the annual percentage rate (APR), the amount
of any annual fee, and whether you have a grace period to pay your bill before
a finance charge is added.
Fair Credit Reporting
Act controls how your credit
history (how you pay your bills) is kept by credit bureaus and used by lenders.
Equal Credit Opportunity
Act prohibits lenders
from discriminating against you in a credit transaction on the basis of certain
personal characteristics such as race, color, religion, national origin,
sex, marital status, age, because you receive public assistance or because
you’ve exercised your rights under the Consumer Credit Protection Act.
Home Equity Loan Consumer Protection
Act requires a lender to give
you complete information about the home equity loan plan it offers—first
when you receive an application and again before you first use the line of
credit.
The Home Ownership and Equity Protection
Act requires disclosures and
imposes substantive limitations on mortgage transactions having rates or
fees above a certain percentage or amount. It also requires disclosures about
the potential costs for reverse mortgages.
Fair Housing Act
prohibits lenders from
discriminating against you in real estate mortgage or home improvement loans
on the basis of race, color, religion, national origin, sex, familial status,
or handicap.
Real Estate Settlement Procedures
Act states that lenders must
give purchasers information about the costs required to close a mortgage
loan. It also protects consumers from unnecessarily high real estate settlement
costs by prohibiting certain business practices. This applies when you take
out or refinance a loan secured by real estate such as a mortgage loan or
a home equity loan.
Fair Credit Billing
Act requires that a lender
promptly correct a mistake on your credit card bill.
Truth in Savings Act requires lenders
to disclose the terms of their deposit accounts in a uniform way.
Consumer
Leasing Act requires the costs
and the terms of a consumer lease, such as a lease for a car or for furniture,
be outlined to you so that you can compare the cost of leasing.
Credit and Collection
Links
Comptroller
of the Currency
Office of the Ombudsman
Customer Assistance Unit
1301 McKinney Street
Suite 3710
Houston, TX 77010
1 (800) 613-6743
(regulates banks with national in the name or N.A. after the
name)
Federal
Deposit Insurance
Corporation
Compliance and Consumer Affairs
550 17th Street, N.W.
Washington, DC 20429
(202) 942-3100 or 1 (800) 934-3342
(regulates state chartered banks that are not members of the
Federal Reserve System)
Office
of Thrift Supervision
Consumer Programs
1700 G Street, N.W.
Washington, DC 20552
(202) 906-6237 or 1 (800) 842-6929
(regulates federal savings and loans and federal savings banks)
National
Credit Union
Administration
Office of Public and Congressional Affairs
1775 Duke Street
Alexandria, VA 22314-3428
(703) 518-6330
(regulates federally chartered credit unions)
Federal
Trade Commission
Consumer Response Center
6th and Pennsylvania, N.W.
Washington, DC 20580
877-FTC-HELP – toll free (877-382-4357)
(regulates finance companies, stores, auto dealers, mortgage
companies, and credit
bureaus)
More Credit and Collection
Links
LawDog
State Credit and Collection
Laws Laws about, Autos,
Checks, Credit, Courts, Judgments, Secured Debts, UCC, Credit Terms and Use,
Bankruptcy Courts, Collections and State Agencies/Organizations.
THIS IS FOR
PERSONAL INFORMATIONAL PURPOSES ONLY. The information here may not be complete
and it is not to be construed as legal advise or opinion. This Is Not A Complete
List Of All The Laws Relating To These Subjects. The information provided
is not to be considered legal advice, Always discuss matters relating to
such and seek advise from your legal advisor or a legal professional. We
do not Guarantee or Warranty any information contained in and/or linked to
any of our web sites, and we assume no responsibility for the use of such.
Please let us know of any incorrect information right away so we can investigate
and correct any errors.
Creditwrench has lots and lots of resources available
for you to learn how to
deal with your debt problems and re-establish your credit.
Our website is at Creditwrench
website and we have a message board at Message board
as well.