Licensing Rules Clarified by Maryland for Debt Purchasers

by Sonya Smith-Valentine, Valentine Legal Group on July 6, 2010

The Maryland State Collection Agency Licensing Board (CALB) released an advisory notice clarifying licensing requirements for debt purchasers that collect debts by filing lawsuits.

The notice acknowledges a June 2007 letter provided by CALB may have created confusion over licensing requirements for debt purchasers who collect only through litigation. The notice clarifies that a debt purchaser who collects a consumer debt by filing a lawsuit is a collection agency under Maryland law and required to be licensed as such.

The advisory notice states no action will be brought against a debt purchaser for not being licensed when filing suit on a defaulted consumer debt, provided the debt purchaser applies for a license on or before Aug. 31, 2010.

The advisory notice and applicable regulations do not require all debt purchasers to obtain a license. It still appears debt purchasers that do not actively engage in collection activity or engage in civil litigation are not required to obtain a collection agency license.

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