- (a) Posting payments. All funds collected by an agency on behalf of its clients shall be posted and credited to the debtor’s account and to the account of the client for whom it was collected.
(b) Remitting payments. Pursuant to Arkansas Code § 17-24-104, any funds collected by an agency on behalf of a client shall be remitted to the client no later than the last day of the calendar month following the month in which the funds were collected.
(1)
- (A) An agency that fails to remit such funds to a client by the last day of the calendar month following the month they were collected shall not be entitled to a collection fee and shall remit to the client the total funds collected.
- (B) An agency that fails to remit the total funds collected for the client within sixty-one (61) days of the date of collection shall be subject to disciplinary action by the State Board of Collection Agencies (see 17 CAR § 280-402(b)).
(2)
- (A) An agency shall, within the month of April each year, give written notice to each of its clients, pursuant to Arkansas Code § 17-24-310, that collected funds must be rendered to clients by the end of the calendar month following the date of collection.
- (B) This notice is not required for clients who are also Arkansas licensees.
(c) Collection fees. Pursuant to Arkansas Code § 17-24-309, an agency shall not charge its client or clients a:
- (1) Fee greater than fifty percent (50%) of the total amount collected for any one (1) client;
- (2) Fee greater than fifty percent (50%) of the total amount collected on any one (1) account; or
- (3) Minimum fee greater than one dollar ($1.00) on any partially or totally collected account.