NanaC's Notions (Regarding State Laws)

Discussion in 'Credit Talk' started by NanaC, Jun 7, 2002.

  1. NanaC

    NanaC Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: Re: Re: NEW COL

    I don't mind..I like learning about this stuff..:) Let me see what I can find out for you...oh, the 5th..ok..well, it'll be there bright and early Monday then!

    By the way, I don't think they can. They cannot earn money as a collection agency in TX if not bonded..but I want to be sure..

    "A third-party debt collector or credit bureau may not engage in debt collection activities in the State of Texas unless it has obtained a qualified surety bond in the sum of $10,000 and file the same with the Secretary of State."

    They are in TX and engaging in debt collection activities..thus they must have a bond! :)
     
  2. fds

    fds Well-Known Member

    NEW COL

    blast!
    all of mine appear to be licensed properly
    CBCS (OH), PARK DANSAN (NC), NCO (PA) and AFNI (IL)
     
  3. NanaC

    NanaC Well-Known Member

    Re: NEW COL

    OK, now check to see what they've been disciplined for already so you can make a point of jumping on those violations when you report them to their licensing bureaus for any and all violation. See, that's ok..cuz every violation can now be reported to their licensing bureau...I have had 3 removed because the licensing bureau found them in violation and wrote letters of admonitions to the CA.
     
  4. NanaC

    NanaC Well-Known Member

    Licensed DOESN"T MEAN OUT OF LUCK!

    Alright..now let's go one step further. Let's assume you find out that your CA is licensed in one of the states...so..that's not so bad. You see, they will then be your first line of attack for any and all violations through the validation process.

    Keep careful records of them, lots of documentation, and report them to their licensing board. The licensing board will review, and upon finding violations, will act on them. They can do everything from warn to close their license. A warning is usually sufficient to get the CA to immediately remove and leave you alone!!!

    So..no more sad faces over licensing being found...that's a good thing, too!!!!
     
  5. NanaC

    NanaC Well-Known Member

    Some links to help check!

    TEXAS:

    In order to verify bond requirements in Texas:

    Verification of Bond or Complaints (By Telephone or Email, no online)

    Nina Weston at (512) 463-6906, or on the internet at
    nweston@sos.state.tx.us.

    ILLINOIS:
    www.dpr.state.il.us

    ARIZONA:

    http://www.revenue.state.az.us/609/licensingguide.htm

    MARYLAND:

    STATE OF MARYLAND
    DEPARTMENT OF LABOR, LICENSING AND REGULATION
    COMMISSIONER OF FINANCIAL REGULATION
    500 North Calvert Street, Suite 402
    Baltimore, Maryland 21202-2272
    Tel: 800-735-2258
    Fax: 410-333-3866
    E-mail: mddllr@mail.state.md.us

    GEORGIA:
    http://www.gsccca.org/clerks/
    Check with clerk of county for bond

    NEW JERSEY:
    www.state.nj.us/treasury/revenue/dcr/programs/collagy.html
    Note: search on their site for collection agency brought several interesting articles regarding the state suits against various CA's!)
     
  6. Shorty-red

    Shorty-red Well-Known Member

    Some links to help check!

    Some info for Tennessee Residents

    Tennessee Collection Services Board:

    www.state.tn.us/commerce/boards/collect/

    T. C. A. 62-20-108 (a) (1) Every Collection Service shall have, for each location at which it conducts business, a location manager who has submitted an application on a form prescribed by the board, and has demonstrated to the satisfaction of the board that he/she has passed an examination approved by the board. An applicant must have (1) one year experience within a three year period of the date the examination in a business which is governedbby laws similar to those laws which govern a licensed collection service, including but not limited to, the Fair Debt Collection Practices Act.

    Renewal:

    All licenses expire on December 31, following issuance or renewal. A renewal application and fees must be submitted before expiration.

    Application and Fees:

    Contact Licensing Board for information on application, registration, examination, renewal, or fees.

    Licensing Authority:

    Collection Service Board
    Division of Regulatory Boards
    Department of Commerce and Insurance
    Davy Crockett Tower 6th Floor
    500 James Robertson Pkwy
    Nashville, TN 37243
    Phone: (615) 741-1741

    To search for license:
    www.state.tn.us/cgi-bin/commerce/roster2.pl
     
  7. NanaC

    NanaC Well-Known Member

    Some links to help check!

    Thanks, Shorty! :)
     
  8. Shorty-red

    Shorty-red Well-Known Member

    Some links to help check!

    yvw, just discovered this post when it was bumped, checking all my CA's now.... :)
     
  9. Shorty-red

    Shorty-red Well-Known Member

    Some links to help check!

    Found this link that lists the regulatory agencies in most states in the U.S. that oversee the activities of third party debt collectors.
    www.nacara.info/member_agencies.htm
     
  10. Shorty-red

    Shorty-red Well-Known Member

    Some links to help check!

    While looking up this info, I have a quick question:

    Tennessee Code says: "Every Collection Service shall have, for each location at which it conducts business, a location manager "
    Searching for license, there are only three options
    1. Collections Manager
    2. Collection Agency
    3. Collection Branch Office
    If A CA shows an active license under #2, but nothing under #1, would they be in violation of the above code??

    Thanks,
    Shorty
     
  11. crowmom

    crowmom Well-Known Member

    Re: Licensed DOESN"T MEAN OUT OF LUCK!

    suddenly, I'm very happy (and hopeful) again!

    and, of course i have another question.... Do I threaten to complain about their violations or do I acutally report them?

    thanks so much.
     
  12. NanaC

    NanaC Well-Known Member

    Re: Re: Licensed DOESN"T MEAN OUT OF LUCK!

    At this point, I personally would just report them. :) I only threaten the CA directly if they don't have their license/bond.

    :) Oooh, Good luck!

    Shorty: Thanks so much for the link..you've been so helpful!!! Now, do you have the name of their claimed manager? And, yes, they MUST have a licensed one! Please, keep us informed of what you find out!
     
  13. Shorty-red

    Shorty-red Well-Known Member

    Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK!

    You're Welcome! No, I don't have the name of the manager, and I realized that after I posted....DUH! of course the manager isn't gonna have the same name as the CAgency.... *blushing*.

    Also found out that the TN Law allows them to operate for 1 yr without one, in cases where one quits or retires or something "sudden". Also discovered that TN adopts the FCRA, and FDCPA. and any violation of any state or federal credit or collection law is considered a violation by TN attorney general.
    I have the TN Code relating to Collection Agencies saved on my PC, if anyone needs it, please feel free to e-mail me and I will reply with it attached.
    Shorty
     
  14. crowmom

    crowmom Well-Known Member

    Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK!

    I emailed the TX AG office (Nina Weston) and sure enough, she emailed me back this morning. Sherman is not bonded under that name. I looked up Sherman Acquisition at the BBB site, and under "Additional Doing-Business-As-Names" it lists "Alegis Corporation". I emailed the TX AG office, and asked if Alegis Corportation is bonded. They are. Is Alegis their 'parent' company or something? does this mean Shermans butt is covered?

    Here's the email from me:


    her response:

    what do you guys think? is sherman bonded or not?
     
  15. SCMomof5

    SCMomof5 Well-Known Member

    Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK!

    That is her way of telling you they are not and that she can provide a document that states so should you desire it.

    As a minimum, it would put a wrench in their efforts.
     
  16. crowmom

    crowmom Well-Known Member

    Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK!

    so should i email her again and ask for something more 'official' that states they are not bonded under that name? i feel like i'm really pestering this poor woman, lol.

    she said:
    "I can tell you that I cannot issue a certificate of
    record concerning the bond under "Sherman Acquisition"."

    could i email and ask if she can issue a certificate of "No Record"?
     
  17. NanaC

    NanaC Well-Known Member

    Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK!

    I would get the certificate of NO record from her..she'll mail it out pronto and bill you $10...

    Look, here's my thinking..they should represent who they are on their documents to you..it is their responsibility to identify themselves accurately..if they did not..I certainly think you have every right to pursue them under the name they provide you...Sherman...
     
  18. Hedwig

    Hedwig Well-Known Member

    Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK!

    I agree with NanaC. When they use a name, that name should be registered. If they send you something later saying "we're really so-and-so" I would think about suing them for misrepresentation or something. If Sherman is asking for money, Sherman should play by the rules.

    Maybe you could tell them that you're not really crowmom, you just use that name when you feel like it, so certainly whatever documentation they have is wrong! If it says crowmom it can't be you, since you only use that name for certain transactions, and this isn't one of them. Seems like the same principle to me.
     
  19. NanaC

    NanaC Well-Known Member

    Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK!

    Heheheh....Hed..hehhehe...

    Ok..I'm also gonna look up to see if we can find something about them using the correct name/representation..:)
     
  20. Shorty-red

    Shorty-red Well-Known Member

    Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK!

    Nana (aka. queen of state licensing and bond requirements... *grin*)
    Have a question for you....however, to make this thread shorter, I've posted the links to TN Code and Board of Collection Services Rules of Conduct, so you can follow me...

    Go to Lexis Nexis, State :TN 62-20-105 and 62-20-104(g)

    Now, http://www.state.tn.us/sos/rules/0320/0320.htm
    Pay attention to :0320-2-.01 & 0320-2-.02 (b)

    Here's the situation:
    TL listed on CR as Sherman Acquisitions (SA), received letter from Capital Management (CM) that they had been engaged by SA.

    I sent Validation letters to both CM (Buffalo, NY), and SA at address listed on my CR (PO box in Greenville, SC) Both signed on 12/30/03.

    CM sent me letter dated 12/30, received 1/3, stating that they've requested verification from SA, and of course asking me to call them for account inquiries (as if I'm that stupid..*grin*)

    Alegis Group (AG) sends me a letter dated 12/31, I received today stating that this account was "purchased" by SA, and "placed" with AG for servicing.

    There are two different addresses on letter from AG (15 S. Main St., Greenville, SC, and PO Box 741148, Houston, TX). Also the envelope was postmarked from zip 14304. (Searched USPS-This is a Niagra Falls, NY zip)

    Searched TN License Roster,
    www.state.tn.us/cgi-bin/commerce/roster2.pl
    CM and AG are licensed, but address listed for AG is 9700 Bissonnet Street, Su 2000,Houston , TX 77036.

    Also, I believe they violated Rules of Conduct : 0320-2-.02 (b)...top of "letter" from AG looks like a statement, you know the kind with the perforated section that usually says, return this portion with payent...well right above perforation, in small type(less than 10 point I'm sure) it says"IMPORTANT: To receive proper credit, be sure to enclose this portion wiht your payment in full." Then the body of the letter tellms me that this acct was purchased by SA and placed with AG for servicing.

    Couple of questions for you:
    1. Aren't these facts violations of TN Collections Law?
    2. If so, how many violations can you find?
    3. Should I contact my AG?

    Thanks,
    Shorty
     

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