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Subchapter R: Commercial Refuse Removal [Repealed]
Subchapter S: Debt Collection Agencies
(a) The written documentation identifying the creditor who originated the debt, which a debt collection agency is required to provide pursuant to § 20-493.2(a) of the Administrative Code, shall be a copy of the debt document issued by the originating creditor or an original written confirmation evidencing the transaction resulting in the indebtedness to the originating creditor. Computer documents or electronic evidence created or generated after default on the indebtedness shall not qualify as such confirmation.
(b) The written documentation itemizing the principal balance of the debt that remains or is claimed or alleged to remain due and all other charges that are due or claimed or alleged to be due, which a debt collection agency is required to furnish pursuant to § 20-493.2(a) of the Administrative Code, shall consist of a copy of the final statement of account issued by the originating creditor and a document itemizing: (1) the total amount remaining due on the total principal balance of the indebtedness to the originating creditor and (2) each additional charge or fee claimed or alleged to be due that separately (i) lists the total for each charge or fee and the date that each charge or fee was incurred; and (ii) identifies and describes the basis of the consumer's obligation to pay it.
(a) The information about the consumer's legal rights, which a debt collection agency is required to provide the consumer pursuant to § 20-493.2(b) of the Administrative Code, shall be included in every permitted communication for each debt that the debt collection agency is seeking to collect that is beyond the applicable statute of limitations, and shall be: "WE ARE REQUIRED BY LAW TO GIVE YOU THE FOLLOWING INFORMATION ABOUT THIS DEBT. The legal time limit (statute of limitations) for suing you to collect this debt has expired. However, if somebody sues you anyway to try to make you pay this debt, court rules REQUIRE YOU to tell the court that the statute of limitations has expired to prevent the creditor from obtaining a judgment. Even though the statute of limitations has expired, you may CHOOSE to make payments. However, BE AWARE: if you make a payment, the creditor's right to sue you to make you pay the entire debt may START AGAIN."
(b) When delivered in writing, the required statement provided in subdivision a of this section shall be included, for each debt that is beyond the applicable statute of limitations, in at least 12 point type that is set off in a sharply contrasting color from all other type on the permitted communication, and shall be placed adjacent to the identifying information about the amount claimed to be due or owed on such debt.
(a) The written confirmation of the debt payment schedule or settlement agreement with a consumer that a debt collection agency is required to furnish pursuant to § 20-493.1 (b) shall identify the originating creditor of the debt, the debt collection agency, the employee of such agency who concluded the debt payment schedule or agreement or the employee's direct supervisor, the name and address of the consumer, the date on which the debt payment schedule or agreement was made, the specific amount and due date of each payment, the address where the payments are to be mailed or where payment may otherwise be transmitted, any other terms of the debt payment schedule or agreement, and the conditions for satisfying the outstanding balance.
(b) Whenever a debt collection agency agrees to a debt payment schedule or a settlement agreement for debts originated by more than one creditor, such agency shall clearly and separately identify on such written confirmation the debt due to each originating creditor, the amount to be paid on each such debt, and how the payment the consumer makes shall be applied to each debt covered by the payment schedule or settlement agreement.
(c) Such written confirmation shall not include any terms or conditions that were not specifically agreed to by the consumer.
(d) Upon a consumer's payment of a debt as stated in the debt payment schedule or settlement agreement, the debt collection agency shall, within 21 calendar days after receipt of the final payment, send to the consumer a written confirmation of the satisfaction of the indebtedness that identifies the originating creditor and the original account number of the indebtedness.
(a) Unless otherwise prohibited by federal, state or local law, a debt collection agency shall maintain a separate file for each debt that the debt collection agency attempts to collect from each consumer, in a manner that is searchable or retrievable by the name, address and ZIP code of the consumer and the creditor who originated the debt the agency is seeking to collect. The debt collection agency shall maintain in each file the following records to document its collection activities with respect to each consumer:
(1) A copy of all communications with the consumer.
(2) A record of each payment received from the consumer that states the date of receipt, the method of payment and the debt to which the payment was applied.
(3) A copy of the debt payment schedule and/or settlement agreement reached with the consumer to pay the debt.
(4) With regard to any debt that the debt collection agency has purchased, a record of the name and address of the entity from which the debt collection agency purchased the debt, the date of the purchase and the amount of the debt at the time of such purchase.
(b) A debt collection agency shall maintain the following records to document its collection activities with respect to all consumers from whom it seeks to collect a debt:
(1) A monthly log of all calls made to consumers, listing the date, time and duration of each call, the number called and the name of the person reached during the call.
(2) Recordings of complete conversations with all consumers or with a randomly selected sample of at least 5% of all calls made or received by the debt collection agency and a copy of contemporaneous notes of all conversations with consumers. The method used for randomly selecting the recorded calls shall be included in the file where the tape recordings are maintained.
(3) A record of all cases filed in court to collect a debt. Such record shall include, for each case filed, the name of the consumer, the identity of the originating creditor, the amount claimed to be due, the civil court index number and the court and county where the case is filed, the date the case was filed, the name of the process server who served process on the consumer, the date, location and method of service of process, the affidavit of service that was filed and the disposition for each case filed. Such record shall be filed in a manner that is searchable or retrievable by the name, address and ZIP code of the consumer and the creditors who originated the debts that the debt collection agency is seeking to collect.
(4) The original copy of each contract with a process server for the service of process, and copies of all documents involving traverse hearings relating to cases filed by or on behalf of the debt collection agency. Such records should be filed in a manner that is searchable by the name of the process server.
(5) A record indicating the language preference of the consumer, except where the debt collector is not aware of such preference despite reasonable attempts to obtain it.
(c) A debt collection agency shall maintain the following records relating to its operations and practices:
(1) A copy of all actions, proceedings or investigations by government agencies that resulted in the revocation or suspension of a license, the imposition of fines or restitution, a voluntary settlement, a court order, a criminal guilty plea or a conviction.
(2) A copy of all policies, training manuals and guides for employees or agents that direct, describe, suggest or promote how a collector is to interact with consumers in the course of seeking to collect a debt.
(3) An annual report, in a form made publicly available on the Department's website, identifying, by language, (i) the number of consumer accounts on which an employee collected or attempted to collect a debt owed or due or asserted to be owed or due in a language other than English; and (ii) the number of employees that collected or attempted to collect on such accounts in a language other than English.
(d) The records required to be maintained pursuant to this section shall be retained for six years from the date the record was created by the debt collection agency, a document was obtained or received by the debt collection agency, a document was filed in a court action by the debt collection agency, or a training manual or employee guide was superseded, except that recordings of conversations with consumers shall be retained for one year after the date of the last conversation recorded on each completed recording tape.
(Amended City Record 5/28/2020, eff. 6/27/2020)
(a) The call-back number to be answered by a natural person, which a debt collection agency is required to provide consumers pursuant to § 20-493.1(a)(i) of the Administrative Code, shall be a number for a telephone for which a call to that number shall be either (1) answered by a natural person qualified to address consumer inquiries concerning communications the debt collection agency has with consumers or (2) routed to such a natural person within 60 seconds after the call is linked to the debt collection agency's telephone line for such number and that shall be answered by such natural person within 60 seconds after the call is routed.
(b) The required call-back number shall be answered by a natural person as specified in subdivision (a) of this section during all times when a debt collection agency conducts business with consumers.
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