Collect Pros; 311 West Third Street; Carson City, NV 89703 - Order of Suspension and For Affirmative Action

June 15, 2015

WHEREAS the Maine Bureau of Consumer Credit Protection (the Bureau) administers laws and regulations relating to consumer credit and various consumer financial services, including the Maine Fair Debt Collection Practices Act (FDCPA), 32 M.R.S. ?? 11001?11054; and

WHEREAS the FDCPA provides that one conducts the business of debt collection if one, wherever located, collects or attempts to collect a debt incurred between a consumer in this State and a creditor in this State, id. ? 11002(2); and

WHEREAS one who conducts the business of debt collection in this State must be licensed by the Bureau to lawfully conduct its activities, id. ? 11031(1); and

WHEREAS a licensed debt collector has various responsibilities that it must meet under the FDCPA, such as validating claimed debts upon request, id. ? 11014; and

WHEREAS the Bureau has the authority to investigate the practices of a licensed debt collector, and may, among other things, suspend the license of a licensee for up to 90 days for each violation of applicable laws, rules, and conditions of licensure, or for instance of actionable conduct or activity, id. ? 11051, 9-A M.R.S. ? 6-106, 10 M.R.S. ? 8003(5)(A-1)(2); and

WHEREAS the Bureau issued a debt collector?s license to Respondent Collect Pros on March 6, 2015 (license no. DCL13433); and

WHEREAS starting in April 2015 the Bureau received complaints from three Maine consumers about the collection practices of Collect Pros, which the Bureau forwarded to Collect Pros; and

WHEREAS Collect Pros did not respond at all to one complaint; responded only late to a second complaint; and responded timely to the third complaint.

NOW, THEREFORE, IT IS HEREBY ORDERED that the debt collection license of Respondent Collect Pros is hereby suspended for 30 days from the date of this Order; and it is further

ORDERED that during the period of suspension Collect Pros, as conditions of the lifting of the suspension of its debt collector license, shall

A) Provide to the Bureau the names and addresses of all Maine consumers who Collect Pros currently maintains in its records as consumers from whom it intends to collect any debt;

B) Once the suspension is lifted, verify, before sending a collection letter, the debt of any Maine consumer from whom it intends to collect a debt;

C) Pay a civil penalty of $1000 to the ?Treasurer, State of Maine? for its not having responded or having responded untimely to communications from the Bureau; and

D) Pay to the Bureau $500 as costs of the Bureau?s investigation of the complaints it received from Maine consumers

Date: June 12, 2015	/s/William N. Lund
	William N. Lund
	Superintendent
	Bureau of Consumer Credit Protection

NOTICE OF APPEAL RIGHTS

Any party aggrieved by this Order may, within 30 days of the receipt of this Order, file a request for an adjudicatory hearing pursuant to 5 M.R.S. ?? 9051(2), 9052(1)(A), at which the aggrieved party shall have the opportunity to prepare and submit evidence and argument. If no request for a hearing is timely made, the terms of this Order shall become final and binding at the end of the 30-day period. Any party to this proceeding aggrieved by an Order entered after an adjudicatory hearing may thereafter seek judicial review of such Order pursuant to 5 M.R.S. ?? 11001-11008 by filing a petition for review within 30 days after receipt of notice. Any other person aggrieved shall have 40 days from the date the Order was rendered to petition for review.

»Return to Enforcement Action List