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Fair Debt Collection: Me. Stat. tit. 19-A, § 2109 (Limitations on Collection of Child Support)

Coverage: Persons other than employees of the department who enter into an agreement with another to collect child support. The statute also explicitly covers persons regularly engaged in the enforcement of security interests.

Prohibited Practices: Collector is subject to the provisions of Me. Stat. tit. 32, ch. 109-A (the Maine Fair Debt Collection Practices Act, summarized supra), if either obligor or obligee is a Maine resident. Also requires written contract, prohibits termination penalty, and restricts fees.

Fair Debt Collection: Mass. Gen. Laws ch. 93, §§ 24 to 28 (Collection Agencies)

Coverage: Collection agencies, defined similarly to FDCPA, plus persons engaged in a business whose principal purpose is enforcement of security interests. Excludes lawyers representing clients, certain fiduciaries and escrows, certain process servers, bona fide debt counselors, purchasers who acquired debt that was not in default, student loan servicers licensed pursuant to Chapter 93L, and collectors for landlords, regulated utilities, or insurance companies. § 24.

Fair Debt Collection: Mich. Comp. Laws §§ 339.901 to 339.920 (Collection Practices)

Coverage: Collection agencies, defined as persons directly engaged in collecting for others. (A 2016 amendment deleted the words “or indirectly”). Repossessors included. Excludes attorneys, financial institutions, real estate professionals, various other entities whose collection activities are incidental to some other regulated activity, and forwarding agencies that, acting on behalf of a creditor or lender, forward a claim, collection, or repossession to a licensed collection agency or a person whose collection activities are excluded or exempted. § 339.901.

Fair Debt Collection: Mich. Comp. Laws §§ 445.251 to 445.258 (Collection Practices)

Coverage: Applies to “regulated persons,” defined as persons whose collection activities are confined and directly related to the operation of a business other than a collection agency; specifically includes banks and other financial institutions, attorneys collecting on behalf of a client and in the attorney’s name, public officers, and persons acting under court orders. § 445.251(g).

Fair Debt Collection: Neb. Rev. Stat. §§ 45-601 to 45-623 (Collection Agencies)

Coverage: Collection agencies, defined as all persons or business entities directly or indirectly engaged in soliciting, from more than one person, claims owed or asserted to be owed to the solicited person, and all those directly or indirectly engaged in asserting, enforcing, or prosecuting such claims. Also includes creditor that uses fictitious name to create the appearance of third-party involvement, or providers of forms or letters to enable a creditor to do so. § 45-602.

Fair Debt Collection: Nev. Rev. Stat. §§ 649.005 to 649.440 (Collection Agencies)

Coverage: Applies to collection agencies, defined as persons engaging directly or indirectly, as a primary or secondary object, business or pursuit, in the collection of or soliciting or obtaining in any manner the payment of a claim owed or asserted to be owed to another. Excludes lawyers retained to collect claims “in the usual course of . . . their profession;” financial institutions, real estate professionals, and other entities whose collection activities are incidental to another business.

Fair Debt Collection: N.H. Rev. Stat. Ann. §§ 358-C:1 to 358-C:5 (Unfair Debt Collection)

Coverage: Most prohibitions apply to debt collectors, defined as any person who by direct or indirect action enforces or seeks to enforce an obligation that is owed or due, or alleged to be due, by a consumer as a result of a consumer credit transaction; any person who for consideration other than wages or salary directly or indirectly seeks to enforce an obligation that is owed or due, or alleged to be owed or due, by a consumer as a result of a consumer transaction; or any person who, pursuant to an assignment, sale or transfer of a claim against a consumer as a result of a cons

Fair Debt Collection: N.M. Stat. Ann. §§ 61-18A-1 to 61-18A-33 (Collection Agencies)

Coverage: Collection agencies, defined as persons engaging in the business of collecting or attempting to collect directly or indirectly, consumer debts owed or asserted to be due to another, if that person is engaged by two or more creditors; also covers creditor using fictitious name to create the appearance of third-party involvement. § 61-18A-2(C). Excludes entities whose collection activities in the state are limited to collecting debts not incurred in the state from debtors located in the state by means of interstate communications from another state. § 61-18A-5.

Fair Debt Collection: N.C. Gen. Stat. §§ 58-70-15, 58-70-90 to 58-70-155

Coverage: Statute applies to “collection agencies,” defined as a person directly or indirectly engaged in soliciting, from more than one person delinquent claims of any kind owed or due or asserted to be owed or due the solicited person and all persons directly or indirectly engaged in the asserting, enforcing or prosecuting of those claims.

Fair Debt Collection: N.D. Cent. Code §§ 13-05-01 to 13-05-10 (Collection Agencies)

Coverage: Collection agencies, defined as persons or entities who, in the ordinary course of business engage in debt collection. “Debt collection” is defined as collecting or attempting to collect, directly or indirectly debts owed or due or asserted to be due another, but also includes soliciting debts for collection or accepting assignment of debts for the purpose of collection. § 13-05-01.1.

Fair Debt Collection: Okla. Stat. tit. 14A, § 5-107

[Editor’s Note.20]

Coverage: Creditors.

Prohibited Practices: Extortionate extensions of credit, i.e., if creditor and consumer understand that delay in repayment may result in the use of violent or criminal means to harm the person, property or reputation of any person. See also Okla. Stat. tit. 15, § 755.1. Automatic dialing device may be used by creditor or it assignee, but only between 9 a.m. and 9 p.m. (and not at any hour that would be forbidden by FDCPA).

Fair Debt Collection: Or. Rev. Stat. §§ 646.639 to 646.643 (Unlawful Debt Collection Practices)

Coverage: “Debt collector” is defined as a person that by indirect or direct action collects or attempts to collect a debt owed or alleged to be owed to a creditor or debt buyer. § 646.639(h) “Creditor” is defined as a person that in the ordinary course of that person’s business engages in consumer transactions that result in a consumer owing a debt to that person. § 646.639(e).

Fair Debt Collection: Or. Rev. Stat. §§ 697.005 to 697.107 (Collection Agency Businesses)

Coverage: Applies to any collection agency, defined as a person directly or indirectly engaged in soliciting a claim for collection, or collecting or attempting to collect a claim that is owed, due or asserted to be owed or due to another person or to a public body. Excludes consumer credit sellers, billing, and factoring. Billing is defined as sending out monthly statements without making personal or phone contact with delinquent debtors.

Fair Debt Collection: Alaska Stat. §§ 08.24.041 to 08.24.380

Coverage: Collection agencies: Applies to collection agencies, defined as persons licensed or authorized to engage in the collection agency business, defined as the business of engaging directly or indirectly and having as a primary or secondary object, the solicitation of claims for collection or repossession of collateral security or the collection of claims owed or due or asserted to be due to another, or the repossession of collateral security.

Federal Deception Law: CALIFORNIA

Cal. Gov’t Code §§ 12650 to 12656 (West) (False Claims Act)

Claims covered by the statute: Include knowingly false statements regarding a claim for payment presented to a state or political subdivision or the state’s grantee or contractor, conspiracy to commit such a violation, failure to return public property or money, and inadvertently submitting a false claim and failing to disclose the false claim after discovery. § 12651(a).