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CA not licensed, can I use this against them?


almost_there
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A couple of the CA's I'm dealing with right now aren't licensed. I found out by doing a license search at my state's Dept. of Commerce, not only are the individual collectors not licensed, but neither are the agencies they work for. Now I may be barking up the wrong tree, because individual employees need only be registered, not licensed (looked up the state law on that one) but only one name returned a result in the license lookup...one of the individual collectors, and her status was INACTIVE since 2003, although it appears she has another license # pending now.

Is there anyway I can use this, that they aren't licensed, against them? Or do I just file a complaint with the Dept. of Commerce?

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After looking up the law, it does not appear that Minnesota has a reciprocal license provision...so they shouldn't even be contacting you without a license issued by Minnesota.

There is no right of action for the consumer to go after the collection agency for not being licensed. Your State attorney general is the only one who can file an action like that, and probably only on the recommendation of the Department of Commerce.

But, it does give you an affirmative defense if they try to sue you for payment as they are not supposed to be plying their trade in Minnesota at all.

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Sorry to butt in on this post, but how would I find out if my state has a reciprocal license provision? I have always lived in TX.

You need to look up the law for your State. I use Lawdog.com to get the basic info then go to the State legislature web-site to read the full text of the law in question. What you are looking for is some provision that says if the company has a license in another State that your State will accept the other's license as long as the other State accepts yours.

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almost_there, you need to carefully check the state collection agencies act to determine if they need a license. In some cases a JDB is not required because they own the debt. That is the case with Asset in Washington. Because they are not collecting for a third party but for them selves, the state CAA does not apply, the FDCPA still does apply to them though.

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almost_there, you need to carefully check the state collection agencies act to determine if they need a license. In some cases a JDB is not required because they own the debt. That is the case with Asset in Washington. Because they are not collecting for a third party but for them selves, the state CAA does not apply, the FDCPA still does apply to them though.

Yeah, I found that out on Thursday night, I go out every Thursday with a group of friends that are in collections. LOL I asked them about the requirements for licensing in our state. They said that if the debt was in house, meaning it's a debt they own, they DO NOT need a license. But if they are collecting on behalf of someone else they DO need one.

The collectors I am dealing with are collecting for the OC's, or at least that is what I've been told by the agencies. Would I be able to confirm that with a DV or by contacting the OC's? My collector friends imagined that these are out of house collections, too, because they are medical.

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