LD 2263
pg. 6
Page 5 of 7 An Act to Amend the State's Fair Debt Collection Practices Laws and to Provide ... Page 7 of 7
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LR 3670
Item 1

 
A.__Those admitted to the practice of law;

 
B.__Any bank, trust company, savings and loan association or
credit union; or

 
C.__Any organization that is registered with the State as a
debt management service under Title 9-A, Article XII.

 
Sec. 3. 32 MRSA §11002, sub-§6, as amended by PL 1999, c. 184, §20, 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. "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 11003,
subsection 7, "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, "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. "Debt
collector" also includes any person regularly engaged in the
enforcement of security interests securing debts. "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. "Debt
collector" does not include the provision of debt management
services by any nonprofit debt management service registered with
the State pursuant to Title 9-A, Article XII.

 
SUMMARY

 
This bill amends the Maine Consumer Credit Code by enacting a
new article providing for the registration and regulation of
nonprofit debt management service organizations. Such
organizations assist consumers in restructuring their consumer
credit obligations and revising their terms of repayment, on a


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