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| Collection agency |
A collection agency is a business that pursues payments on debts
owed by individuals or businesses. Most collection agencies operate
as agents of creditors and collect debts for a fee or
percentage of the total amount owed. Some agencies,
sometimes referred to as "debt buyers", also purchase debts
from creditors for a fraction of the value of the debt
and pursue the debtor for the full balance.Creditors
typically send debts to a collection agency in order to
remove them from their accounts receivable records;
the difference between the amount collected and the
full value of the debt is then written off as a loss.
Debt collection agencies have a reputation for engaging
in threatening behavior, harassment, and coercion.
However, in many countries, collection agencies are g
overned by laws that prohibit certain abusive practices.
Failure to adhere to such laws may result
in lawsuits or government regulatory actions.
** Regulation of collection agencies - United States
Regulation of collection agencies occurs primarily
at the individual state level as most states require
collection agencies be licensed and/or bonded.
In addition, many states have laws regulating debt collection,
which agencies must adhere to
The Fair Debt Collection Practices Act is the primary
United State Federal law governing debt collection practices.
The FDCPA allows aggrieved consumers to file private
lawsuits against a collection agency that violates the Act.
Alternately, the Federal Trade Commission or the state Attorney-General
may take action against a noncompliant collection agency,
including issuing fines, ordering damages, restricting
its operations or even closing it down
The FDCPA specifies that if a state law is more restrictive
than the federal law, the state law will
supersede the federal portion of the act.
Thus, the more restrictive state laws will
apply to any agency that is located in that
state or makes calls to debtors inside such a state.
- Canada
In Canada regulation is provided by the province
or territory in which they operate. The law is
typically called the Collection Agencies Act
and usually affords a government ministry power
to make regulations as needed.However, the regulations
typically limit the agency to three contacts
with the debtor per 7 day period. Further,
a debtor should not be contacted unless they have been notified
in writing first that the debt has been assigned to the
agency making the contact.Most debts in Ontario, Canada are subject
to a limitation period of two years. After the second anniversary
of the last formal intention to pay the debt,
the collection agency nor anyone else has authority to collect it.
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