Each state has the right to enact its own set of collection laws and requirements. For agencies seeking nationwide compliance, this creates a gauntlet of regulations that is not only confusing, but can prove costly if misunderstood or neglected.
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Not all states issue debt collection licenses. The following is a list of jurisdictions that issue debt collection licenses and/or have statutory bond requirements:
City of Buffalo
City of Chicago
City of Yonkers
New York City
It should be noted that several of the aforementioned states provide exemptions to agencies depending on a number of specific organizational and operational factors. Here is a summary of the possible statutory exemptions available to debt collectors:
Out-of State Agency Exemption
Certain states provide exemptions from their state debt collection license requirements for those entities that do not maintain a physical presence in their state and are only collecting debts via interstate communication (phone, mail, etc.) for a creditor that is not physically located in their state.
Certain states provide exemptions from their state debt collection licensing requirements for those entities that collect 100% commercial (business to business) debt.
Debt Buyer Exemption
Certain states provide exemptions from their state debt collection licensing requirements for those entities that purchased the charged-off accounts that they are attempting to collect. Please note, however, that the only entity entitled to such an exemption is the corporate entity that purchased the bad debt. Any other entity (related party or not) would not qualify for the debt buyer exemptions.
Collection Attorney/Collection Law Firm Exemption
Certain states provide exemptions from their state debt collection licensing requirements to collection attorneys and/or collection law firms. Certain of these statutory exemptions are available to all collection attorneys and/ or collection law firms and others are reserved for those attorneys licensed to practice law in the state granting the potential exemption.