Arizona Collection Agency Laws

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

Collection Agency Licensees Renew Searchable Database Online
Consumers May File Complaints Online Here (Arizona State Banking Department)
Arizona Revised Statutes (State laws governing Debt Collectors)
Attorney General Office Helps Consumers With Debt Collection Violations In Many Cases
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

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:

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.
Fair Debt Collection Practices Act lays out the rules a debt collector must follow when trying to collect a debt from a consumer.
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.

YBLost.com Open Directory Project Links

YBLost.com Google Search Consumer Rights & Protections

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