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NC H381

Bill

Status

Introduced

3/26/2015

Primary Sponsor

Brian Brown

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Origin

House of Representatives

2015-2016 Session

AI Summary

  • Exempts collection agencies from permit requirements for remote work locations where employees operate via telecommunications and computer links, provided records are maintained at a permitted physical location and the location is not open to the public.

  • Reduces bond requirements for collection agency permits from $10,000 to $5,000 for initial permits and from a maximum of $75,000 to $20,000 for renewal permits.

  • Increases the threshold for required consumer refunds of overpayments from $1.00 to $10.00 in collection agency trust accounts.

  • Authorizes collection agencies to take written assignments of claims and sue as the real party in interest if the original creditor-debtor agreement permits assignment and the debtor receives 30 days' written notice before any civil action.

  • Allows collection agencies to charge convenience fees of up to 5% of payment or a flat rate (starting at $15.00 in 2015, adjusted annually for inflation) when consumers use specific payment methods, with prior disclosure required.

  • Modifies civil penalties for violations from $500-$4,000 per violation to $500-$1,000 per individual action and establishes a one-year statute of limitations for filing violation claims.

Legislative Description

Modernize Collection Agency Laws

Last Action

Ref To Com On Banking

3/30/2015

Committee Referrals

Banking3/30/2015

Full Bill Text

No bill text available