Debt Collection Laws by State

I don't know about anyone else, but I am looking forward to reviewing the list!!

[center:f03bade442]TEXAS[/center:f03bade442]
[quote][center:f03bade442]Finance Code[/center:f03bade442]
[center:f03bade442]TITLE 5. PROTECTION OF CONSUMERS OF FINANCIAL SERVICES[/center:f03bade442]

CHAPTER 391. FURNISHING FALSE CREDIT INFORMATION



???? 391.001. DEFINITION. In this chapter, "credit
reporting bureau" means a person who engages in the practice of
assembling or reporting credit information about individuals for
the purpose of furnishing the information to a third party.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 391.002. FURNISHING FALSE INFORMATION; PENALTY. (a) A
person commits an offense if the person knowingly furnishes false
information about another person's creditworthiness, credit
standing, or credit capacity to a credit reporting bureau.
(b) A credit reporting bureau commits an offense if the
credit reporting bureau knowingly furnishes false information
about a person's creditworthiness, credit standing, or credit
capacity to a third party.
(c) An offense under this section is a misdemeanor
punishable by a fine of not more than $200.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.

CHAPTER 392. DEBT COLLECTION

SUBCHAPTER A. GENERAL PROVISIONS



???? 392.001. DEFINITIONS. In this chapter:
(1) "Consumer" means an individual who has a consumer
debt.
(2) "Consumer debt" means an obligation, or an alleged
obligation, primarily for personal, family, or household purposes
and arising from a transaction or alleged transaction.
(3) "Creditor" means a party, other than a consumer,
to a transaction or alleged transaction involving one or more
consumers.
(4) "Credit bureau" means a person who, for
compensation, gathers, records, and disseminates information
relating to the creditworthiness, financial responsibility, and
paying habits of, and similar information regarding, a person for
the purpose of furnishing that information to another person.
(5) "Debt collection" means an action, conduct, or
practice in collecting, or in soliciting for collection, consumer
debts that are due or alleged to be due a creditor.
(6) "Debt collector" means a person who directly or
indirectly engages in debt collection and includes a person who
sells or offers to sell forms represented to be a collection system,
device, or scheme intended to be used to collect consumer debts.
(7) "Third-party debt collector" means a debt
collector, as defined by 15 U.S.C. Section 1692a(6), but does not
include an attorney collecting a debt as an attorney on behalf of
and in the name of a client unless the attorney has nonattorney
employees who:
(A) are regularly engaged to solicit debts for
collection; or
(B) regularly make contact with debtors for the
purpose of collection or adjustment of debts.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, ???? 7.42, eff. Sept. 1, 1999.
SUBCHAPTER B. SURETY BOND



???? 392.101. BOND REQUIREMENT. (a) A third-party debt
collector or credit bureau may not engage in debt collection unless
the third-party debt collector or credit bureau has obtained a
surety bond issued by a surety company authorized to do business in
this state as prescribed by this section. A copy of the bond must be
filed with the secretary of state.
(b) The bond must be in favor of:
(1) any person who is damaged by a violation of this
chapter; and
(2) this state for the benefit of any person who is
damaged by a violation of this chapter.
(c) The bond must be in the amount of $10,000.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.102. CLAIM AGAINST BOND. A person who claims
against a bond for a violation of this chapter may maintain an
action against the third-party debt collector or credit bureau and
against the surety. The aggregate liability of the surety to all
persons damaged by a violation of this chapter may not exceed the
amount of the bond.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.
SUBCHAPTER C. INFORMATION IN FILES OF CREDIT BUREAU OR DEBT COLLECTOR



???? 392.201. REPORT TO CONSUMER. Not later than the 45th
day after the date of the request, a credit bureau shall provide to
a person in its registry a copy of all information contained in its
files concerning that person.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.202. CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR
CREDIT BUREAU'S FILES. (a) An individual who disputes the accuracy
of an item that is in a third-party debt collector's or credit
bureau's file on the individual and that relates to a debt being
collected by the third-party debt collector may notify in writing
the third-party debt collector of the inaccuracy. The third-party
debt collector shall make a written record of the dispute. If the
third-party debt collector does not report information related to
the dispute to a credit bureau, the third-party debt collector
shall cease collection efforts until an investigation of the
dispute described by Subsections (b)-(e) determines the accurate
amount of the debt, if any. If the third-party debt collector
reports information related to the dispute to a credit bureau, the
reporting third-party debt collector shall initiate an
investigation of the dispute described by Subsections (b)-(e) and
shall cease collection efforts until the investigation determines
the accurate amount of the debt, if any. This section does not
affect the application of Chapter 20, Business & Commerce Code, to a
third-party debt collector subject to that chapter.
(b) Not later than the 30th day after the date a notice of
inaccuracy is received, a third-party debt collector who initiates
an investigation shall send a written statement to the individual:
(1) denying the inaccuracy;
(2) admitting the inaccuracy; or
(3) stating that the third-party debt collector has
not had sufficient time to complete an investigation of the
inaccuracy.
(c) If the third-party debt collector admits that the item
is inaccurate under Subsection (b), the third-party debt collector
shall:
(1) not later than the fifth business day after the
date of the admission, correct the item in the relevant file; and
(2) immediately cease collection efforts related to
the portion of the debt that was found to be inaccurate and on
correction of the item send, to each person who has previously
received a report from the third-party debt collector containing
the inaccurate information, notice of the inaccuracy and a copy of
an accurate report.
(d) If the third-party debt collector states that there has
not been sufficient time to complete an investigation, the
third-party debt collector shall immediately:
(1) change the item in the relevant file as requested
by the individual;
(2) send to each person who previously received the
report containing the information a notice that is equivalent to a
notice under Subsection (c) and a copy of the changed report; and
(3) cease collection efforts.
(e) On completion by the third-party debt collector of the
investigation, the third-party debt collector shall inform the
individual of the determination of whether the item is accurate or
inaccurate. If the third-party debt collector determines that the
information was accurate, the third-party debt collector may again
report that information and resume collection efforts.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997. Amended
by Acts 2003, 78th Leg., ch. 851, ???? 1, eff. Sept. 1, 2003.
SUBCHAPTER D. PROHIBITED DEBT COLLECTION METHODS



???? 392.301. THREATS OR COERCION. (a) In debt collection,
a debt collector may not use threats, coercion, or attempts to
coerce that employ any of the following practices:
(1) using or threatening to use violence or other
criminal means to cause harm to a person or property of a person;
(2) accusing falsely or threatening to accuse falsely
a person of fraud or any other crime;
(3) representing or threatening to represent to any
person other than the consumer that a consumer is wilfully refusing
to pay a nondisputed consumer debt when the debt is in dispute and
the consumer has notified in writing the debt collector of the
dispute;
(4) threatening to sell or assign to another the
obligation of the consumer and falsely representing that the result
of the sale or assignment would be that the consumer would lose a
defense to the consumer debt or would be subject to illegal
collection attempts;
(5) threatening that the debtor will be arrested for
nonpayment of a consumer debt without proper court proceedings;
(6) threatening to file a charge, complaint, or
criminal action against a debtor when the debtor has not violated a
criminal law;
(7) threatening that nonpayment of a consumer debt
will result in the seizure, repossession, or sale of the person's
property without proper court proceedings; or
( 8 ) threatening to take an action prohibited by law.
(b) Subsection (a) does not prevent a debt collector from:
(1) informing a debtor that the debtor may be arrested
after proper court proceedings if the debtor has violated a
criminal law of this state;
(2) threatening to institute civil lawsuits or other
judicial proceedings to collect a consumer debt; or
(3) exercising or threatening to exercise a statutory
or contractual right of seizure, repossession, or sale that does
not require court proceedings.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.302. HARASSMENT; ABUSE. In debt collection, a
debt collector may not oppress, harass, or abuse a person by:
(1) using profane or obscene language or language
intended to abuse unreasonably the hearer or reader;
(2) placing telephone calls without disclosing the
name of the individual making the call and with the intent to annoy,
harass, or threaten a person at the called number;
(3) causing a person to incur a long distance
telephone toll, telegram fee, or other charge by a medium of
communication without first disclosing the name of the person
making the communication; or
(4) causing a telephone to ring repeatedly or
continuously, or making repeated or continuous telephone calls,
with the intent to harass a person at the called number.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.303. UNFAIR OR UNCONSCIONABLE MEANS. (a) In debt
collection, a debt collector may not use unfair or unconscionable
means that employ the following practices:
(1) seeking or obtaining a written statement or
acknowledgment in any form that specifies that a consumer's
obligation is one incurred for necessaries of life if the
obligation was not incurred for those necessaries;
(2) collecting or attempting to collect interest or a
charge, fee, or expense incidental to the obligation unless the
interest or incidental charge, fee, or expense is expressly
authorized by the agreement creating the obligation or legally
chargeable to the consumer; or
(3) collecting or attempting to collect an obligation
under a check, draft, debit payment, or credit card payment, if:
(A) the check or draft was dishonored or the
debit payment or credit card payment was refused because the check
or draft was not drawn or the payment was not made by a person
authorized to use the applicable account;
(B) the debt collector has received written
notice from a person authorized to use the account that the check,
draft, or payment was unauthorized; and
(C) the person authorized to use the account has
filed a report concerning the unauthorized check, draft, or payment
with a law enforcement agency, as defined by Article 59.01, Code of
Criminal Procedure, and has provided the debt collector with a copy
of the report.
(b) Notwithstanding Subsection (a)(2), a creditor may
charge a reasonable reinstatement fee as consideration for renewal
of a real property loan or contract of sale, after default, if the
additional fee is included in a written contract executed at the
time of renewal.
(c) Subsection (a)(3) does not prohibit a debt collector
from collecting or attempting to collect an obligation under a
check, draft, debit payment, or credit card payment if the debt
collector has credible evidence, including a document, video
recording, or witness statement, that the report filed with a law
enforcement agency, as required by Subsection (a)(3)(C), is
fraudulent and that the check, draft, or payment was authorized.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997. Amended
by Acts 2005, 79th Leg., ch. 505, ???? 1, eff. Sept. 1, 2005.


???? 392.304. FRAUDULENT, DECEPTIVE, OR MISLEADING
REPRESENTATIONS. (a) Except as otherwise provided by this
section, in debt collection or obtaining information concerning a
consumer, a debt collector may not use a fraudulent, deceptive, or
misleading representation that employs the following practices:
(1) using a name other than the:
(A) true business or professional name or the
true personal or legal name of the debt collector while engaged in
debt collection; or
(B) name appearing on the face of the credit card
while engaged in the collection of a credit card debt;
(2) failing to maintain a list of all business or
professional names known to be used or formerly used by persons
collecting consumer debts or attempting to collect consumer debts
for the debt collector;
(3) representing falsely that the debt collector has
information or something of value for the consumer in order to
solicit or discover information about the consumer;
(4) failing to disclose clearly in any communication
with the debtor the name of the person to whom the debt has been
assigned or is owed when making a demand for money;
(5) in the case of a third-party debt collector,
failing to disclose, except in a formal pleading made in connection
with a legal action:
(A) that the communication is an attempt to
collect a debt and that any information obtained will be used for
that purpose, if the communication is the initial written or oral
communication between the third-party debt collector and the
debtor; or
(B) that the communication is from a debt
collector, if the communication is a subsequent written or oral
communication between the third-party debt collector and the
debtor;
(6) using a written communication that fails to
indicate clearly the name of the debt collector and the debt
collector's street address or post office box and telephone number
if the written notice refers to a delinquent consumer debt;
(7) using a written communication that demands a
response to a place other than the debt collector's or creditor's
street address or post office box;
( 8 ) misrepresenting the character, extent, or amount
of a consumer debt, or misrepresenting the consumer debt's status
in a judicial or governmental proceeding;
(9) representing falsely that a debt collector is
vouched for, bonded by, or affiliated with, or is an
instrumentality, agent, or official of, this state or an agency of
federal, state, or local government;
(10) using, distributing, or selling a written
communication that simulates or is represented falsely to be a
document authorized, issued, or approved by a court, an official, a
governmental agency, or any other governmental authority or that
creates a false impression about the communication's source,
authorization, or approval;
(11) using a seal, insignia, or design that simulates
that of a governmental agency;
(12) representing that a consumer debt may be
increased by the addition of attorney's fees, investigation fees,
service fees, or other charges if a written contract or statute does
not authorize the additional fees or charges;
(13) representing that a consumer debt will definitely
be increased by the addition of attorney's fees, investigation
fees, service fees, or other charges if the award of the fees or
charges is subject to judicial discretion;
(14) representing falsely the status or nature of the
services rendered by the debt collector or the debt collector's
business;
(15) using a written communication that violates the
United States postal laws and regulations;
(16) using a communication that purports to be from an
attorney or law firm if it is not;
(17) representing that a consumer debt is being
collected by an attorney if it is not;
( 18 ) representing that a consumer debt is being
collected by an independent, bona fide organization engaged in the
business of collecting past due accounts when the debt is being
collected by a subterfuge organization under the control and
direction of the person who is owed the debt; or
(19) using any other false representation or deceptive
means to collect a debt or obtain information concerning a
consumer.
(b) Subsection (a)(4) does not apply to a person servicing
or collecting real property first lien mortgage loans or credit
card debts.
(c) Subsection (a)(6) does not require a debt collector to
disclose the names and addresses of employees of the debt
collector.
(d) Subsection (a)(7) does not require a response to the
address of an employee of a debt collector.
(e) Subsection (a)( 18 ) does not prohibit a creditor from
owning or operating a bona fide debt collection agency.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997. Amended
by Acts 2003, 78th Leg., ch. 851, ???? 2, eff. Sept. 1, 2003; Acts
2003, 78th Leg., 3rd C.S., ch. 3, ???? 28.01, eff. Jan. 11, 2004.


???? 392.305. DECEPTIVE USE OF CREDIT BUREAU NAME. A person
may not use "credit bureau," "retail merchants," or "retail
merchants association" in the person's business or trade name
unless:
(1) the person is engaged in gathering, recording, and
disseminating information, both favorable and unfavorable,
relating to the creditworthiness, financial responsibility, and
paying habits of, and similar information regarding, persons being
considered for credit extension so that a prospective creditor can
make a sound decision in the extension of credit; or
(2) the person is a nonprofit retail trade association
that:
(A) consists of individual members;
(B) qualifies as a bona fide business league as
defined by the United States Internal Revenue Service; and
(C) does not engage in the business of debt
collection or credit reporting.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.306. USE OF INDEPENDENT DEBT COLLECTOR. A creditor
may not use an independent debt collector if the creditor has actual
knowledge that the independent debt collector repeatedly or
continuously engages in acts or practices that are prohibited by
this chapter.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.
SUBCHAPTER E. DEFENSE, CRIMINAL PENALTY, AND CIVIL REMEDIES



???? 392.401. BONA FIDE ERROR. A person does not violate
this chapter if the action complained of resulted from a bona fide
error that occurred notwithstanding the use of reasonable
procedures adopted to avoid the error.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.402. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates this chapter.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $100 or more than $500 for each
violation.
(c) A misdemeanor charge under this section must be filed
not later than the first anniversary of the date of the alleged
violation.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.403. CIVIL REMEDIES. (a) A person may sue for:
(1) injunctive relief to prevent or restrain a
violation of this chapter; and
(2) actual damages sustained as a result of a
violation of this chapter.
(b) A person who successfully maintains an action under
Subsection (a) is entitled to attorney's fees reasonably related to
the amount of work performed and costs.
(c) On a finding by a court that an action under this section
was brought in bad faith or for purposes of harassment, the court
shall award the defendant attorney's fees reasonably related to the
work performed and costs.
(d) If the attorney general reasonably believes that a
person is violating or is about to violate this chapter, the
attorney general may bring an action in the name of this state
against the person to restrain or enjoin the person from violating
this chapter.
(e) A person who successfully maintains an action under this
section for violation of Section 392.101, 392.202, or 392.301(a)(3)
is entitled to not less than $100 for each violation of this
chapter.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.404. REMEDIES UNDER OTHER LAW. (a) A violation of
this chapter is a deceptive trade practice under Subchapter E,
Chapter 17, Business & Commerce Code, and is actionable under that
subchapter.
(b) This chapter does not affect or alter a remedy at law or
in equity otherwise available to a debtor, creditor, governmental
entity, or other legal entity.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.[/quote]
[quote][center:f03bade442]BUSINESS & COMMERCE CODE[/center:f03bade442]

[center:f03bade442]CHAPTER 17. DECEPTIVE TRADE PRACTICES[/center:f03bade442]
???? 17.50. RELIEF FOR CONSUMERS. (a) A consumer may
maintain an action where any of the following constitute a
producing cause of economic damages or damages for mental anguish:

(b) In a suit filed under this section, each consumer who
prevails may obtain:
(1) the amount of economic damages found by the trier
of fact. If the trier of fact finds that the conduct of the
defendant was committed knowingly, the consumer may also recover
damages for mental anguish, as found by the trier of fact, and the
trier of fact may award not more than three times the amount of
economic damages; or if the trier of fact finds the conduct was
committed intentionally, the consumer may recover damages for
mental anguish, as found by the trier of fact, and the trier of fact
may award not more than three times the amount of damages for mental
anguish and economic damages;
(2) an order enjoining such acts or failure to act;
(3) orders necessary to restore to any party to the
suit any money or property, real or personal, which may have been
acquired in violation of this subchapter; and
(4) any other relief which the court deems proper,
including the appointment of a receiver or the revocation of a
license or certificate authorizing a person to engage in business
in this state if the judgment has not been satisfied within three
months of the date of the final judgment. The court may not revoke
or suspend a license to do business in this state or appoint a
receiver to take over the affairs of a person who has failed to
satisfy a judgment if the person is a licensee of or regulated by a
state agency which has statutory authority to revoke or suspend a
license or to appoint a receiver or trustee. Costs and fees of such
receivership or other relief shall be assessed against the
defendant.
(c) On a finding by the court that an action under this
section was groundless in fact or law or brought in bad faith, or
brought for the purpose of harassment, the court shall award to the
defendant reasonable and necessary attorneys' fees and court costs.
(d) Each consumer who prevails shall be awarded court costs
and reasonable and necessary attorneys' fees.
(e) In computing additional damages under Subsection (b),
attorneys' fees, costs, and prejudgment interest may not be
considered.[/quote]

Texas Finance Code
http://tlo2.tlc.state.tx.us/statutes/fi.toc.htm

Title 5 (at the bottom of the page)


Texas Business & Commerce Code
http://tlo2.tlc.state.tx.us/statutes/bc.toc.htm

Chapter 17 (near top of page)

[center:9373800d0a][color=Red]North Carolina[/color][/center:9373800d0a]







North Carolina General Statues - Chapter 75 - Article 2
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_75/Article_2.html

although the site is down right now you can look up WV collection laws at: http://www.legis.state.wv.us/ it is covered under chapter 46.

[size=7][color=Red][center:ae6380329b]FLORIDA[/center:ae6380329b][/color][/size]

[quote][center:ae6380329b]Title 33, PART VI. CONSUMER COLLECTION PRACTICES[/center:ae6380329b]

559.55 Definitions.--The following terms shall, unless the context otherwise indicates, have the following meanings for the purpose of this part:

(1) "Debt" or "consumer debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

(2) "Debtor" or "consumer" means any natural person obligated or allegedly obligated to pay any debt.

(3) "Creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but does not include any person to the extent that they receive an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.

(4) "Office" means the Office of Financial Regulation of the Financial Services Commission.

(5) "Communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.

(6) "Debt collector" means any person who uses any instrumentality of commerce within this state, whether initiated from within or outside this state, in any business the principal purpose of which is the collection of debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. The term "debt collector" includes any creditor who, in the process of collecting her or his own debts, uses any name other than her or his own which would indicate that a third person is collecting or attempting to collect such debts. The term does not include:

(a) Any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

(b) Any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector for persons to whom it is so related or affiliated and if the principal business of such persons is not the collection of debts;

(c) Any officer or employee of any federal, state, or local governmental body to the extent that collecting or attempting to collect any debt is in the performance of her or his official duties;

(d) Any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;

(e) Any not-for-profit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; or

(f) Any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent that such activity is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; concerns a debt which was originated by such person; concerns a debt which was not in default at the time it was obtained by such person; or concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.

(7) "Consumer collection agency" means any debt collector or business entity engaged in the business of soliciting consumer debts for collection or of collecting consumer debts, which debt collector or business is not expressly exempted as set forth in s. 559.553(4).

( 8 ) "Out-of-state consumer debt collector" means any person whose business activities in this state involve both collecting or attempting to collect consumer debt from debtors located in this state by means of interstate communication originating from outside this state and soliciting consumer debt accounts for collection from creditors who have a business presence in this state. For purposes of this subsection, a creditor has a business presence in this state if either the creditor or an affiliate or subsidiary of the creditor has an office in this state.

(9) "Federal Fair Debt Collection Practices Act" or "Federal Act" means the federal legislation regulating fair debt collection practices, as set forth in Pub. L. No. 95-109, as amended and published in 15 U.S.C. ss. 1692 et seq.

559.551 Short title.--Sections 559.55-559.785 may be cited as the "Florida Consumer Collection Practices Act."

559.552 Relationship of state and federal law.--Nothing in this part shall be construed to limit or restrict the continued applicability of the federal Fair Debt Collection Practices Act to consumer collection practices in this state. This part is in addition to the requirements and regulations of the federal act. In the event of any inconsistency between any provision of this part and any provision of the federal act, the provision which is more protective of the consumer or debtor shall prevail.

559.553 Registration of consumer collection agencies required; exemptions.--

(1) After January 1, 1994, no person shall engage in business in this state as a consumer collection agency or continue to do business in this state as a consumer collection agency without first registering in accordance with this part, and thereafter maintaining a valid registration.

(2) Each consumer collection agency doing business in this state shall register with the office and renew such registration annually as set forth in s. 559.555.

(3) A prospective registrant shall be entitled to be registered when registration information is complete on its face and the applicable registration fee has been paid; however, the office may reject a registration submitted by a prospective registrant if the registrant or any principal of the registrant previously has held any professional license or state registration which was the subject of any suspension or revocation which has not been explained by the prospective registrant to the satisfaction of the office either in the registration information submitted initially or upon the subsequent written request of the office. In the event that an attempted registration is rejected by the office the prospective registrant shall be informed of the basis for rejection.

(4) This section shall not apply to:

(a) Any original creditor.

(b) Any member of The Florida Bar.

(c) Any financial institution authorized to do business in this state and any wholly owned subsidiary and affiliate thereof.

(d) Any licensed real estate broker.

(e) Any insurance company authorized to do business in this state.

(f) Any consumer finance company and any wholly owned subsidiary and affiliate thereof.

(g) Any person licensed pursuant to chapter 520.

(h) Any out-of-state consumer debt collector who does not solicit consumer debt accounts for collection from credit grantors who have a business presence in this state.

(i) Any FDIC-insured institution or subsidiary or affiliate thereof.

(5) Any out-of-state consumer debt collector as defined in s. 559.55( 8 ) who is not exempt from registration by application of subsection (4) and who fails to register in accordance with this part shall be subject to an enforcement action by the state as specified in s. 559.565.

559.563 Void registration.--Any registration made under this part based upon false identification or false information, or identification not current with respect to name, address, and business location, or other fact which is material to such registration, shall be void. Any registration made and subsequently void under this section shall not be construed as creating any defense in any action by the office to impose any sanction for any violation of this part.

559.565 Enforcement action against out-of-state consumer debt collector.--The remedies of this section are cumulative to other sanctions and enforcement provisions of this part for any violation by an out-of-state consumer debt collector, as defined in s. 559.55( 8 ).

(1) Any out-of-state consumer debt collector who collects or attempts to collect consumer debts in this state without first registering in accordance with this part shall be subject to an administrative fine not to exceed $1,000 together with reasonable attorney fees and court costs in any successful action by the state to collect such fines.

(2) Any person, whether or not exempt from registration under this part, who violates the provisions of s. 559.72 shall be subject to sanctions for such violations the same as any other consumer debt collector, including imposition of an administrative fine. The registration of a duly registered out-of-state consumer debt collector shall be subject to revocation or suspension in the same manner as the registration of any other registrant under this part.

(3) In order to effectuate the provisions of this section and enforce the requirements of this part as it relates to out-of-state consumer debt collectors, the Attorney General is expressly authorized to initiate such action on behalf of the state as he or she deems appropriate in any federal district court of competent jurisdiction.

559.715 Assignment of consumer debts.--This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment within 30 days after the assignment. The assignee is a real party in interest and may bring an action in a court of competent jurisdiction to collect a debt that has been assigned to such assignee and is in default.

559.715 Assignment of consumer debts.--This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment within 30 days after the assignment. The assignee is a real party in interest and may bring an action in a court of competent jurisdiction to collect a debt that has been assigned to such assignee and is in default.

559.72 Prohibited practices generally.--In collecting consumer debts, no person shall:

(1) Simulate in any manner a law enforcement officer or a representative of any governmental agency;

(2) Use or threaten force or violence;

(3) Tell a debtor who disputes a consumer debt that she or he or any person employing her or him will disclose to another, orally or in writing, directly or indirectly, information affecting the debtor's reputation for credit worthiness without also informing the debtor that the existence of the dispute will also be disclosed as required by subsection (6);

(4) Communicate or threaten to communicate with a debtor's employer prior to obtaining final judgment against the debtor, unless the debtor gives her or his permission in writing to contact her or his employer or acknowledges in writing the existence of the debt after the debt has been placed for collection, but this shall not prohibit a person from telling the debtor that her or his employer will be contacted if a final judgment is obtained;

(5) Disclose to a person other than the debtor or her or his family information affecting the debtor's reputation, whether or not for credit worthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information or that the information is false;

(6) Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact. If a disclosure is made prior to such reasonable dispute having been asserted and written notice is received from the debtor that any part of the debt is disputed and if such dispute is reasonable, the person who made the original disclosure shall reveal upon the request of the debtor within 30 days the details of the dispute to each person to whom disclosure of the debt without notice of the dispute was made within the preceding 90 days;

(7) Willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family;

( 8 ) Use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of her or his family;

(9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate or assert the existence of some other legal right when such person knows that the right does not exist;

(10) Use a communication which simulates in any manner legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency, or attorney at law, when it is not;

(11) Communicate with a debtor under the guise of an attorney by using the stationery of an attorney or forms or instruments which only attorneys are authorized to prepare;

(12) Orally communicate with a debtor in such a manner as to give the false impression or appearance that such person is or is associated with an attorney;

(13) Advertise or threaten to advertise for sale any debt as a means to enforce payment except under court order or when acting as an assignee for the benefit of a creditor;

(14) Publish or post, threaten to publish or post, or cause to be published or posted before the general public individual names or any list of names of debtors, commonly known as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts;

(15) Refuse to provide adequate identification of herself or himself or her or his employer or other entity whom she or he represents when requested to do so by a debtor from whom she or he is collecting or attempting to collect a consumer debt;

(16) Mail any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor. An example of this would be an envelope addressed to "Deadbeat, Jane Doe" or "Deadbeat, John Doe";

(17) Communicate with the debtor between the hours of 9 p.m. and 8 a.m. in the debtor's time zone without the prior consent of the debtor;

( 18 ) Communicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the debtor's attorney fails to respond within a reasonable period of time to a communication from the person, unless the debtor's attorney consents to a direct communication with the debtor, or unless the debtor initiates the communication; or

(19) Cause charges to be made to any debtor for communications by concealment of the true purpose of the communication, including collect telephone calls and telegram fees.

559.725 Consumer complaints; administrative duties.--

(1) The Division of Consumer Services of the Department of Financial Services shall serve as the registry for receiving and maintaining records of inquiries, correspondence, and complaints from consumers concerning any and all persons who collect debts, including consumer collection agencies.

(2) The division shall classify complaints by type and identify the number of written complaints against persons collecting or attempting to collect debts in this state, including credit grantors collecting their own debts, debt collectors generally, and, specifically, consumer collection agencies as distinguished from other persons who collect debts such as commercial debt collection agencies regulated under part V of this chapter. The division shall identify the nature and number of various kinds of written complaints, including specifically those alleging violations of s. 559.72.

(3) The division shall inform and furnish relevant information to the appropriate regulatory body of the state, or The Florida Bar in the case of attorneys, when any consumer debt collector exempt from registration under this part has been named in five or more written consumer complaints alleging violations of s. 559.72 within a 12-month period.

(4) The division shall furnish a form to each complainant whose complaint concerns an alleged violation of s. 559.72 by a consumer collection agency. Such form may be filed with the office. The form shall identify the accused consumer collection agency and provide for the complainant's summary of the nature of the alleged violation and facts which allegedly support the complaint. The form shall include a provision for the complainant to state under oath before a notary public that the allegations therein made are true.

(5) Upon receipt of such sworn complaint, the office shall promptly furnish a copy of the sworn complaint to the accused consumer collection agency.

(6) The office shall investigate sworn complaints by direct written communication with the complainant and the affected consumer collection agency. In addition, the office shall attempt to resolve each sworn complaint and shall record the resolution of such complaints.

(7) Periodically, the office shall identify consumer collection agencies that have unresolved sworn consumer complaints from five or more different consumers within a 12-month period under the provisions of this part.

( 8 ) The office shall issue a written warning notice to the accused consumer collection agency if the office is unable to resolve all such sworn complaints and fewer than five unresolved complaints remain. Such notice shall include a statement that the warning may constitute evidence in any future investigation of similar complaints against that agency and in any future administrative determination of the imposition of other administrative remedies available to the office under this part.

(9) The office may issue a written reprimand when five or more such unresolved sworn complaints against a consumer collection agency collectively fall short of constituting apparent repeated violations that warrant more serious administrative sanctions. Such reprimand shall include a statement that the reprimand may constitute evidence in any future investigation of similar complaints against that agency and in any future administrative determination of the imposition of other administrative remedies available to the office.

(10) The office shall issue a notice of intent either to revoke or suspend the registration or to impose an administrative fine when the office preliminarily determines that repeated violations of s. 559.72 by an accused registrant have occurred which would warrant more serious administrative sanctions being imposed under this part. The office shall advise each registrant of the right to require an administrative hearing under chapter 120, prior to the agency's final action on the matter as authorized by s. 559.730.

(11) The office shall advise the appropriate state attorney, or the Attorney General in the case of an out-of-state consumer debt collector, of any determination by the office of a violation of the requirements of this part by any consumer collection agency which is not registered as required by this part. The office shall furnish the state attorney or Attorney General with the office's information concerning the alleged violations of such requirements.

559.730 Administrative remedies.--

(1) The office may revoke or suspend the registration of any registrant under this part who has engaged in repeated violations which establish a clear pattern of abuse of prohibited collection practices under s. 559.72. Final office action to revoke or suspend the registration of any registrant shall be subject to review in accordance with chapter 120 in the same manner as revocation of a license. The repeated violations of the law by one employee shall not be grounds for revocation or suspension of the registration of the employing consumer collection agency, unless the employee is also the owner of a majority interest in the collection agency.

(2) The registration of a registrant shall not be revoked or suspended if the registrant shows by a preponderance of the evidence that the violations were not intentional and resulted from bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

(3) The office shall consider the number of complaints against the registrant in relation to the accused registrant's volume of business when determining whether suspension or revocation is the more appropriate sanction when circumstances warrant that one or the other should be imposed upon a registrant.

(4) The office shall impose suspension rather than revocation when circumstances warrant that one or the other should be imposed upon a registrant and the accused registrant demonstrates that the registrant has taken affirmative steps which can be expected to effectively eliminate the repeated violations and that the registrant's registration has never previously been suspended.

(5) The office may impose an administrative fine up to $1,000 against the offending registrant as a sanction for repeated violations of the provisions of s. 559.72 when violations do not rise to the level of misconduct governed by subsection (1). Final office action to impose an administrative fine shall be subject to review in accordance with ss. 120.569 and 120.57.

(6) Any administrative fine imposed under this part shall be payable to the office. The office shall maintain an appropriate record and shall deposit such fine into the Regulatory Trust Fund of the office.

(7) An administrative action by the office to impose revocation, suspension, or fine shall be brought within 2 years after the date of the last violation upon which the action is founded.

( 8 ) Nothing in this part shall be construed to preclude any person from pursuing remedies available under the Federal Fair Debt Collection Practices Act for any violation of such act, including specifically against any person who is exempt from the registration provisions of this part.

559.77 Civil remedies.--

(1) A debtor may bring a civil action against a person violating the provisions of s. 559.72 in a court of competent jurisdiction of the county in which the alleged violator resides or has his or her principal place of business or in the county wherein the alleged violation occurred.

(2) Upon adverse adjudication, the defendant shall be liable for actual damages and for additional statutory damages of up to $1,000, together with court costs and reasonable attorney's fees incurred by the plaintiff. In determining the defendant's liability for any additional statutory damages, the court shall consider the nature of the defendant's noncompliance with s. 559.72, the frequency and persistence of such noncompliance, and the extent to which such noncompliance was intentional. In any class action lawsuit brought under this section, the court may award additional statutory damages of up to $1,000 for each named plaintiff and an aggregate award of additional statutory damages not to exceed the lesser of $500,000 or 1 percent of the defendant's net worth for all remaining class members, but in no event may this aggregate award provide an individual class member with additional statutory damages in excess of $1,000. The court may, in its discretion, award punitive damages and may provide such equitable relief as it deems necessary or proper, including enjoining the defendant from further violations of this part. If the court finds that the suit fails to raise a justiciable issue of law or fact, the plaintiff shall be liable for court costs and reasonable attorney's fees incurred by the defendant.

(3) A person shall not be held liable in any action brought under this section if the person shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

(4) An action brought under this section must be commenced within 2 years after the date on which the alleged violation occurred.

(5) In applying and construing this section, due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection Practices Act.

559.78 Judicial enforcement.--In addition to other penalties provided in this part, state attorneys and their assistants are authorized to apply to the court of competent jurisdiction within their respective jurisdictions, upon the sworn affidavit of any person alleging a violation of any of the provisions of this part. Such court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of this part, whether or not there exists an adequate remedy at law; and such injunction, suspension, or revocation shall issue without bond.

559.785 Criminal penalty.--It shall be a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person not exempt from registering as provided in this part to engage in collecting consumer debts in this state without first registering with the office, or to register or attempt to register by means of fraud, misrepresentation, or concealment.

[/quote]




[quote][center:ae6380329b]DEFINITIONS; GENERAL PENALTIES; REGISTRATION OF CRIMINALS[/center:ae6380329b]

[center:ae6380329b]775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.--[/center:ae6380329b]

775.082(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:

(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;

[center:ae6380329b]775.083 Fines.--[/center:ae6380329b]

(1) A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:

(d) $1,000, when the conviction is of a misdemeanor of the first degree.
[/quote]


CONSUMER COLLECTION PRACTICES
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0559/part06.htm&StatuteYear=2004&Title=%2D%3E2004%2D%3EChapter%20559%2D%3EPart%20VI

775.082 Penalties
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0775/SEC082.HTM&Title=-%3E2007-%3ECh0775-%3ESection%20082#0775.082

775.083 Fines.
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0775/Sec083.HTM

[size=7][color=Red][center:c4ff834887]MARYLAND[/center:c4ff834887][/color][/size]

[quote][center:c4ff834887]COMMERCIAL TITLE 14. MISCELLANEOUS CONSUMER PROTECTION PROVISIONS[/center:c4ff834887]
[center:c4ff834887]SUBTITLE 2. CONSUMER DEBT COLLECTION[/center:c4ff834887]
???? 14-201. Definitions.

(a) In general.- In this subtitle the following words have the meanings indicated.

(b) Collector.- "Collector" means a person collecting or attempting to collect an alleged debt arising out of a consumer transaction.

(c) Consumer transaction.- "Consumer transaction" means any transaction involving a person seeking or acquiring real or personal property, services, money, or credit for personal, family, or household purposes.

(d) Person.- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

???? 14-202. Certain acts prohibited.

In collecting or attempting to collect an alleged debt a collector may not:

(1) Use or threaten force or violence;

(2) Threaten criminal prosecution, unless the transaction involved the violation of a criminal statute;

(3) Disclose or threaten to disclose information which affects the debtor's reputation for credit worthiness with knowledge that the information is false;

(4) Except as permitted by statute, contact a person's employer with respect to a delinquent indebtedness before obtaining final judgment against the debtor;

(5) Except as permitted by statute, disclose or threaten to disclose to a person other than the debtor or his spouse or, if the debtor is a minor, his parent, information which affects the debtor's reputation, whether or not for credit worthiness, with knowledge that the other person does not have a legitimate business need for the information;

(6) Communicate with the debtor or a person related to him with the frequency, at the unusual hours, or in any other manner as reasonably can be expected to abuse or harass the debtor;

(7) Use obscene or grossly abusive language in communicating with the debtor or a person related to him;

( 8 ) Claim, attempt, or threaten to enforce a right with knowledge that the right does not exist; or

(9) Use a communication which simulates legal or judicial process or gives the appearance of being authorized, issued, or approved by a government, governmental agency, or lawyer when it is not.

???? 14-204. Short title.

This subtitle may be cited as the Maryland Consumer Debt Collection Act.[/quote]


COMMERCIAL TITLE 14
http://michie.lexisnexis.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp=
Subtitle 2

[size=7][color=Red][center:337fd1a605]NEW YORK[/center:337fd1a605][/color][/size]

[quote][center:337fd1a605]General Business Law, Sec. 601, Article 29-H. DEBT COLLECTION PROCEDURES[/center:337fd1a605]

???? 600. Definitions.

As used in this article, unless the context or subject matter otherwise requires: 1. "Consumer claim" means any obligation of a natural person for the payment of money or its equivalent which is or is alleged to be in default and which arises out of a transaction wherein credit has been offered or extended to a natural person, and the money, property or service which was the subject of the transaction was primarily for personal, family or household purposes. The term includes an obligation of a natural person who is a co-maker, endorser, guarantor or surety as well as the natural person to whom such credit was originally extended.

2. "Debtor" means any natural person who owes or who is asserted to owe a consumer claim.

3. "Principal creditor" means any person, firm, corporation or organization to whom a consumer claim is owed, due or asserted to be due or owed, or any assignee for value of said person, firm, corporation or organization.

???? 601. Prohibited practices.

No principal creditor, as defined by this article, or his agent shall:

1. Simulate in any manner a law enforcement officer, or a representative of any governmental agency of the state of New York or any of its political subdivisions; or

2. Knowingly collect, attempt to collect, or assert a right to any collection fee, attorney's fee, court cost or expense unless such changes are justly due and legally chargeable against the debtor; or

3. Disclose or threaten to disclose information affecting the debtor's reputation for credit worthiness with knowledge or reason to know that the information is false; or

4. Communicate or threaten to communicate the nature of a consumer claim to the debtor's employer prior to obtaining final judgment against the debtor. The provisions of this subdivision shall not prohibit a principal creditor from communicating with the debtor's employer to execute a wage assignment agreement if the debtor has consented to such an agreement; or

5. Disclose or threaten to disclose information concerning the existence of a debt known to be disputed by the debtor without disclosing that fact; or

6. Communicate with the debtor or any member of his family or household with such frequency or at such unusual hours or in such a manner as can reasonably be expected to abuse or harass the debtor; or

7. Threaten any action which the principal creditor in the usual course of his business does not in fact take; or

8. Claim, or attempt or threaten to enforce a right with knowledge or reason to know that the right does not exist; or

9. Use a communication which simulates in any manner legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency, or attorney at law when it is not.

???? 602. Violations and penalties.

1. Except as otherwise provided by law, any person who shall violate the terms of this article shall be guilty of a misdemeanor, and each such violation shall be deemed a separate offense.

2. The attorney general or the district attorney of any county may bring an action in the name of the people of the state to restrain or prevent any violation of this article or any continuance of any such violation.

???? 603. Severability.

If any provision of this article or the application thereof to any person or circumstances is held invalid the invalidity thereof shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this and the provisions of this article are severable.[/quote]

DEBT COLLECTION PROCEDURES
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

I am back to working on this, but have decided to redo the whole post so that I can do it in alphabetical order. Watch for a new thread...I do ask that when I post the thread, could we keep responses off it until we get to the very last state..just so we have a straight list to look at. If anyone has any comments or questions, could you post them here.

Great thing that you are doing Golden. Thank you so much.

I am just so angry and fed up with all this abuse and crap that many debt collectors put people through. For every stand up collector (like FYI) there are at least 5 dozen dirty crooked ones and that is just sad.

I was one of those uninformed consumers years ago and I remember.....I had one collector who not only threatened me with jail but also told me I was a deadbeat mother and that she was going to personally call the child protective services and have my child taken away, that if I didn't pay immediately she would hang up, call them and report anonymously that she saw me hurting my child and have her taken away forever.......scared the utter living crap out of me..I was 19, a single mom of a newborn and barely making ends meet.

Now that I know my rights, I won't stop until there are no more people like who I was then, who got scared into paying....I didn't eat for like a week because of that witch.

You are doing a fantastic thing here golden and we all appreciate it.

All the links are on this page.

http://www.privacyrights.org/fs/fs27plus.htm

GoldenBast, wow, I am so sorry you had to go through that! I cannot believe the depths some CA's and collectors will stoop in order to intimidate someone into paying money they may not have.

That is a perfect example of why the fdcpa needs updating. Forget a measly $1,000 penalty, that collector, not just the CA, should face the prospect of jail time for something so low! In my opinion, that is criminal activity in the form of extortion! Maybe six months in jail would teach her that!

On the lighter side, I was amazed at how long and confusing Texas' entry was. Made me almost glad I didn't live there. Then I saw Florida's entry!

Made my brain itch!

A MOD for this forum should make this a sticky . . . :D

Oh wow! A site that already lists them all...think we should close out this topic and just make a sticky 1 post topic with the link?