Is It Legal for a Debt Collector to Call Your Family

Debt Collector Notification

* * 2022 Registration Due by January 31st* *

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Iowa does not license debt collectors.  However, debt collectors who collect over $58,300 a twelvemonth (all accounts, not just Iowa accounts) are required to file notification with the Attorney General of Iowa and pay a $50 annual fee.  (Note: the 2017 Iowa Legislature increased the notification fee for ICCC debt collectors effective July 1, 2017. The new fee is $l (upwardly from $10).

Our role vigorously enforces the Iowa Debt Collection Practices Act.  We strongly urge all debt collectors to get familiar with this police and to consult with private legal counsel, as necessary, before first collection activities in Iowa.

Debt collectors who fail to file notification with the Office of the Attorney General and pay the appropriate fee may be subject area to late fees of $75, as well every bit a possible ceremonious action in which the administrator may recoup interest, the costs of the action, and a punishment non exceeding the greater of $1,000 or three times the fee owed.

Who is a debt collector?

• Creditors collecting their own debts: While most creditors collecting their own debts are non required to file notification every bit a debt collector, they must comply with the noun requirements of the Iowa Debt Collection Practices Human action.
• Attorneys who act as debt collectors: Law firms whose attorneys act equally debt collectors and collect over $58,300 a year must file notification with the Office of the Attorney General.

Companies that solely collect commercial debt are exempt from filing notification with the Office of the Attorney General.

Who needs to file notification?

Debt collectors who meet both of the following criteria must file notification with the Office of the Chaser General and pay the annual fee:

1. Collect consumer debts from Iowans

The definition of consumer debt under Iowa law is quite broad and includes a multifariousness of debts other than consumer credit transactions.

Debts that ofttimes fall under this definition include, but are not limited to:

• Dishonored checks
• Medical bills
• Accounts based on "90 days aforementioned-as-cash"
• Typical accounts receivable billings (for consumer purposes)
• Debts incurred:
  • for personal, family or household purposes, where credit was extended,
  • that did not exceed $58,300, and
  • where the debtor was an individual, would be considered a consumer loan and is covered nether Iowa law.

AND

2. Collect over $58,300 in full debts in the previous or current agenda year(based on the amass amount of debt collected from all sources, not only Iowa accounts) (TILA (Truth in Lending Act) yearly figure)

Case: Debt collector nerveless $60,000 in debts last year, but merely $five,000 was from Iowa debtors.  This debt collector would still be required to file notification with the Part of the Attorney Full general and pay the annual fee.

Please note that the Iowa Debt Collection Practices Act does not apply solely to tertiary political party collectors; it also applies to creditors collecting their own debts. While about creditors collecting their ain debts are not required to file notification as a debt collector, they must comply with the noun requirements of the Iowa Debt Collection Practices Act.

Attorneys who act as debt collectors are required to file notification.  Law firms whose attorneys human activity as debt collectors and collect over $58,300 a year must file notification with the Iowa Attorney General.

How to File Notification

Debt Collectors required to file notification with the Iowa Attorney General must exercise so inside xxx days of commencing drove activities in Iowa, then past Jan 31 of every subsequent year.

• Online:  Y'all can file online and pay the annual $fifty.00 registration fee through our website. Observe: This system currently does not allow payment via credit card. The online payment pick requires filers to enter depository financial institution business relationship data to establish an automatic debit.  Filers paying by ACH auto-debit will be charged a $1.59 convenience fee.
• **New online registration forms are through Gov2Go. Questions on the new form?  Electronic mailregistration@ag.iowa.gov.

• Past Mail service:  If you prefer, you lot can fill up out the printable form forth with a $l.00 check. Checks should exist made payable to "Iowa Consumer Credit Administration Fund" and sent, along with a completed Debt Collection Notification Form* to:

Function of the Attorney General of Iowa
Consumer Protection Sectionalisation
Attn: Notification & Fees Administrator
1305 E. Walnut St.
Des Moines, IA 50319

After You File

Collectors who have filed notification with the Office of the Attorney General will not receive a confirmation, notice or hard re-create license.

Canonical notifications will exist processed and tin can be viewed online approximately xx business days later their receipt.  If your notification is rejected, yous will be contacted by our staff to remedy whatever errors.  (NOTE: Some users may need to refresh their browser for the about updated version of the document.)

Updates/Changes - Information technology is of import that collectors notify the Chaser General in writing of whatever changes* in their company's contact information to ensure all communications from the Chaser Full general, including notification filing reminders, are received in a timely way.

Changes should be submitted in writing and include the name of the company, the previous, incorrect information and the updated, current information. Yous may electronic mail this information to registration@ag.iowa.gov.

*There is no fee associated with whatsoever of these changes.

Check out our FAQ department for more information.

Remindersvolition be sent via the email on file in Dec.Failure to receive reminders will not exempt a belatedly filing from the $75 tardily fee.

References

61 Iowa Authoritative Code Chapter 22

Iowa Consumer Credit Code - Iowa Code Chapter 537

Definition of debt, debt collector, and debt drove – section 537.7102

Iowa Lawmaking 537.7102(three) "Debt" means an actual or alleged obligation arising out of a consumer credit transaction, consumer rental buy agreement, or a transaction which would have been a consumer credit transaction either if a finance charge was made, if the obligation was not payable installments, if a lease was for a term of iv months or less, or if a lease was of an interest in land. A debt includes a bank check as divers in section 554.3104 given in a transaction in connection with a consumer rental buy agreement, in a transaction which was a consumer credit sale or in a transaction which would have been a consumer credit sale if credit was granted and if a finance charge was made, or in a transaction regulated nether chapter 533D.

The Iowa Attorney Full general's Part uses Gov2Go to offering Iowa citizens like shooting fish in a barrel and quick admission to land services from anywhere using the user-friendly Gov2Go app.

Be sure to utilize your Gov2Go account at checkout to manage your government services in one convenient place. Gov2Go also:

• Securely stores payment data
• Manages receipts and specific documents
• Can enroll you to receive future reminders
• Guide yous to detect other government services

Gov2Go is an intuitive new service provided in partnership with the State of Iowa and NIC. Detect out more data almost Gov2Go or to download the mobile app here.

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Source: https://www.iowaattorneygeneral.gov/for-businesses/debt-collector-notification

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