(a) Application. All applications for licensure as a collection agency shall be submitted on forms provided by the director, pursuant to Arkansas Code § 17-24-303(a), along with:
(1)
- (A) The name and address of all officers of the collection agency.
- (B) The address shall:
(i) Be an actual street address; and
(ii) Include the city, state, and zip or postal code.
- (C) A post office box number alone is not acceptable as an address;
(2) A surety bond payable to the State Board of Collection Agencies, pursuant to Arkansas Code § 17-24-306, in the amounts as set forth below:
- (A) Ten thousand dollars ($10,000) for agencies with up to five (5) collectors;
- (B) Twenty thousand dollars ($20,000) for agencies with six (6) to twelve (12) collectors;
- (C) Twenty-five thousand dollars ($25,000) for agencies with more than twelve (12) collectors;
- (3) The required fee of one hundred twenty-five dollars ($125) set forth in Arkansas Code § 17-24-305(a); and
- (4) Any other information as required by the board.
(b) Agency managers.
- (1) Each licensee or applicant shall register with the board at least one (1) manager.
(2)
(A) The proposed manager or managers of each agency must:
- (i) Have an acceptable credit reputation; and
- (ii) Maintain said reputation after licensing.
- (B) An agency shall provide the necessary information and authorization for the board to obtain a credit report.
(C) A credit record which includes any of the following will be deemed unacceptable:
- (i) Judgments, foreclosures, or tax liens within the past five (5) years;
- (ii) Accounts charged to profit and loss, unpaid claims for collection or repossessions within the last five (5) years;
- (iii) A payment history of accounts paid sixty (60) days late more than three (3) times within the past five (5) years; or
- (iv) Other unfavorable economic or financial deficiency that may negatively affect future financial responsibility or invoke public welfare concerns.
(3)
- (A) Pursuant to Arkansas Code § 17-1-108(c), the credit report requirement, above, may be waived if the agency holds a substantially similar license in another state or territory of the United States.
- (B) Another United States state or territory’s license is substantially similar to Arkansas’s if it requires familiarity with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(C) An agency seeking such a waiver shall:
- (i) Provide the board with evidence of such licensure in good standing;
- (ii) Not have had a license revoked for an act of bad faith or a violation of:
- (a) (a) Law;
(b) (b) Rule; or
(c) (c) Ethics; and
(iii) Not hold a suspended or probationary license in any United States jurisdiction.
- (c) Additional locations. Collection agencies operating at more than one (1) office or location must obtain and maintain a separate license and surety bond for each location.
- (d) Change of ownership.
- (1) Licenses issued by the board are not transferable.
- (2) When fifty percent (50%) or more of the assets, stock, or equity of a collection agency is transferred and/or sold, the agency shall promptly give written notice to the board.
(e) Registration of employees.
- (1) Licensees shall report to the board the names, aliases, and dates of hire of all employees involved in debt collection activities, including collectors, solicitors, and managers, and remit the twenty-dollar registration fee for each, as set forth in Arkansas Code § 17-24-305(a), within ninety (90) days of such hires.
(2)
- (A) An agency shall maintain a listing of all pseudonyms (aliases) used by an office or employee of the collection agency in relation to collection activities.
- (B) This listing shall be submitted to the board upon application or renewal of its license.
- (C) A listing of pseudonyms shall be maintained by the collection agency one (1) year after termination of employment.
- (3) Licensees shall register their collectors, solicitors, and managers (and their aliases) for each licensing period (July 1 – June 30).
(f) Change of address.
- (1) It is the responsibility of each licensee to notify the board in a timely fashion of any changes to its physical and/or mailing address.
- (2) All surety bonds must bear the agency’s current physical address.