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Bill Bauer


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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.

The following 23 states include creditors and collection agencies in their state consumer protection laws:
Arkansas,
California, Cal. CIVIL CODE SECTION 1788-1788.3   Army JAG comments   Cal code finder   Penal Code Section 518-527
Colorado,
Connecticut,
District of Columbia
Florida,
Iowa,
Kansas,
Louisiana, Collection Agency Regulation Act ("CARA"), LSA-R.S. 9:3576.1 et seq.,
Maine, Maine Statutes   Title 9 Maine Consumer credit code   CHECK THIS OUT!
Maryland,
Massachusetts, License laws
Michigan,
New Hampshire,
New York,
North Carolina,
Oregon,Oregon Bar Assn
Pennsylvania,
South Carolina   Code of Laws Listed by Title Number   Attorney comments
Texas, Texas law
Vermont,


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Arizona Collection Laws

Collection Agency Laws & Licensing Requirements

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

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

Bad Check Laws & Civil Penalty: Twice the amount of the check, costs of suit, and reasonable attorney fees.
Deceptive Business Practices
Extortion
Fines For Misdemeanors

Fines For Felonies
Forgery.

Intent to Defraud
Issuing a Bad Check
Returned Check Charge
Theatening or Intimidating
Title Statutes

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.

Federal Laws:
Arizona Collection Agencies Must Follow the
Federal Fair Debt Collection Practices Act
The Federal Debt Collection Law is enforced by
The Federal Trade Commission

Other Credit and Collection Links

The major laws that govern financial institutions and protect individuals in their financial dealings are:

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.

YBLost.com Open Directory Project Links

YBLost.com Google Search Consumer Rights & Protections

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.


Bill Bauer