2014-07-21
Added · Updated
The Idaho Department of Finance issued Policy Statement 2009-01 to clarify that debt buyers are subject to the Idaho Collection Agency Act as they indirectly engage in debt collection. The Department will enforce a no-action position regarding licensing requirements if debt buyers strictly avoid direct consumer contact, credit reporting, and legal actions initiated in their name. Compliance requires utilizing only authorized licensees for collection activities and ensuring no attorneys contact consumers or file lawsuits under the debt buyer's name.
C.L. “BUTCH” OTTER
Governor
GAVIN M. GEE
Director
This Supersedes the Department’s Debt Buyer Policy Dated August 1, 2005
The Idaho Department of Finance continues to receive inquiries from companies engaged in the business of purchasing delinquent debt and assigning the same for collection to law firms or collection agencies. Sometimes these buyers of delinquent or defaulted debts feel that they are not subject to the provisions of the Idaho Collection Agency Act (Act) because the collection efforts against Idaho debtors are undertaken by third parties, and not by them.
The Act applies to those who “[e]ngage or offer to engage in this state, directly or indirectly, in the business of collecting any form of indebtedness for that person’s own account if the indebtedness was acquired from another person and if the indebtedness was either delinquent or in default at the time it was acquired” (Idaho Code § 26-2223(6)).
Because debt buyers’ business is, in fact, the collection of debts, the Department is of the opinion that debt buyers are subject to the provisions of the Act as being, at a minimum, engaged indirectly in the business of collecting indebtedness. Nevertheless, the Department will take a “no action” position as to the licensing provisions of the Act with regard to debt buyers if:
If a debt buyer complies with the provisions of 1, 2, 3, 4, and 5, above, the Department will take a “no action” position against the debt buyer with regard to the licensing provisions of the Act relating to its collection activities in Idaho.
Gavin M. Gee
Director
Idaho Department of Finance
7/16/09
PROTECTING THE INTEGRITY OF IDAHO FINANCIAL MARKETS SINCE 1905