LD 1434
pg. 2
Page 1 of 3 An Act to Make Minor Corrections to the Laws Governing Consumer Credit and Coll... Page 3 of 3
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LR 1009
Item 1

 
requested, and if a report was requested, informed of the name and
address of the consumer reporting agency that furnished the report.

 
Sec. 5. 32 MRSA §1102, sub-§6, as amended by PL 1993, c. 126, §1, is
further amended to read:

 
6. Debt collector. "Debt collector" means any person
conducting business in this State, the principal purpose of which
is the collection of any debts, or who regularly collects or
attempts to collect, directly or indirectly, debts owed or due or
asserted to be owed or due another. The term "Debt collector"
includes persons who furnish collection systems carrying a name
that simulates the name of a debt collector and who supply forms
or form letters to be used by the creditor even though the forms
direct the debtor to make payments directly to the creditor.
Notwithstanding the exclusion provided by section 11004 11003,
subsection 7, the term "debt collector" includes any creditor
who, in the process of collecting the creditor's own debts, uses
any name other than the creditor's that would indicate that a 3rd
person is collecting or attempting to collect these debts. For
purposes of subchapter II, the term "debt collector" includes any
attorney-at-law whose principal activities include collecting
debts as an attorney on behalf of and in the name of clients.
The term "Debt collector" also includes any person regularly
engaged in the enforcement of security interests securing debts.
The term "Debt collector" does not include any person who
retrieves collateral when a consumer has voluntarily surrendered
possession. A person is regularly engaged in the enforcement of
security interests if that person enforced security interests
more than 5 times in the previous calendar year. If a person
does not meet these numerical standards for the previous calendar
year, the numerical standards must be applied to the current
calendar year.

 
Sec. 6. 32 MRSA §11031, sub-§2, as enacted by PL 1985, c. 702, §2, is
amended to read:

 
2. Licenses. Licenses granted by the superintendent under
this section shall be are for a period of 2 years and shall
expire on July 31st or at such other times as the superintendent
may designate. Each license may be renewed biennially so as long
as the superintendent regards the business as responsible and
safe, but in all cases to terminate unless renewed by the
expiration date. Each license shall must plainly state the name
and business address of the licensee and shall be posted in a
conspicuous place in the office where the business is transacted.
The fee for each biennial license is $400. When the unexpired
license term of an applicant is or will be less than one year at
a time of licensure, the license fee shall may not exceed 1/2 the
biennial license fee. If the a licensee desires


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