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NC H381
Bill
Status
3/26/2015
Primary Sponsor
Brian Brown
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AI Summary
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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.
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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.
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Increases the threshold for required consumer refunds of overpayments from $1.00 to $10.00 in collection agency trust accounts.
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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.
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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.
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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