1. A. A collection agency shall not allow its debt collector, agent, representative, employee, or officer to:

   1. 1. Misrepresent the person’s true position with the collection agency;
   2. 2. Claim to be, or imply that the person is, an attorney unless the person is licensed to practice law;
   3. 3. Claim to be, or imply that the person is, a public official, peace officer, or any other type of public employee; or
   4. 4. Claim to be, or imply that the person is, any other third party.
2. B. In any communication with a debtor, a person working for a collection agency shall indicate that the person is a debt collector.

3. C. A collection agency shall keep a record of all fictitious names used by its debt collectors during their employment. The collection agency shall record the information required by this subsection before permitting the use of a fictitious name. The collection agency shall file a copy of the record of fictitious names with the Department on July 1 and December 31 of each year. After filing the initial report, a collection agency shall identify all changes to the record on July 1 and December 31 of each year. The collection agency’s record of fictitious names shall include:

   1. 1. The true name of each debt collector that uses a fictitious name;
   2. 2. Each fictitious name used by the debt collector, together with the dates when the name is used; and
   3. 3. The residential street address and residential mailing address of each debt collector that uses a fictitious name.

Historical Note

Adopted effective December 18, 1979 (Supp. 79-6). R20-4-1520 recodified from R4-4-1520 (Supp. 95-1). Amended by final rulemaking at 12 A.A.R. 1331, effective June 4, 2006 (Supp. 06-2). Amended by final rulemaking at 29 A.A.R. 1961 (September 1, 2023), effective October 2, 2023 (Supp. 23-3).