§443B-1 Definitions. As used in this chapter:

"Client" means a person who offered or extended credit which created a debt, or to whom a debt is owed, and who engages the professional services of a collection agency. The term does not include any person who receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of a debt for another.

"Collection agency" means any person, whether located within or outside this State, who by oneself or through others offers to undertake or holds oneself out as being able to undertake or does undertake to collect for another person, claims or money due on accounts or other forms of indebtedness for a commission, fixed fee, or a portion of the sums so collected.

"Collection agency" includes:

(1) Any person using any name other than the person's own in collecting the person's own claims with the intention of conveying, or which tends to convey the impression that a third party has been employed;

(2) Any person who, in the conduct of the person's business for a fee, regularly repossesses any merchandise or chattels for another; and

(3) Any person who regularly accepts the assignment of claims or money due on accounts or other forms of indebtedness and brings suits upon the assigned claims or money due on accounts or other forms of indebtedness in the person's own name; provided that any suits shall be initiated and prosecuted by an attorney who shall have been appointed by the assignee.

"Collection agency" does not include licensed attorneys at law acting within the scope of their profession, licensed real estate brokers, and salespersons residing in this State when engaged in the regular practice of their profession, nor banks, trust companies, building and loan associations, savings and loan associations, financial services loan companies, credit unions, companies doing an escrow business, individuals regularly employed on a regular wage or salary in the capacity of credit persons or in other similar capacity for a single employer who is not a collection agency, nor any public officer or any person acting under an order of court.

"Communication" means directly or indirectly conveying information regarding a debt to any person by any means.

"Debt" means any obligation or alleged obligation of a consumer to pay money or other forms of payment arising out of a transaction in which the money, property, insurance, or services, which are the subject of the transaction, are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

"Debtor" means any person or the person's spouse or reciprocal beneficiary, parent (if the person is a minor), guardian, executor, or administrator obligated or allegedly obligated to pay a debt.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Material change" means any change of circumstance which might affect a collection agency's registration, including the assigning, selling, leasing, encumbering, or other transfer of the rights, privileges, and obligations of a collection agency, whether voluntarily or involuntarily or directly or indirectly, including by transfer of fifty-one per cent of control of any collection agency, whether by change in ownership or otherwise.

"Principal collector" means an individual who has been designated by a collection agency to assume responsibility for the operations and activities of the agency's office in this State.

"Regularly repossesses" means to locate, confiscate, and return merchandise or chattels to a client whenever the client requires service.

"Regular practice" means duties being of the sort or kind that are expected, ordinary, or typical of the profession.

"Regular wage or salary" means the expected, ordinary, or typical payment for employment. [L 1987, c 191, pt of §1; am L 1989, c 140, §2 and c 266, §3; am L 1990, c 246, §2; am L 1992, c 12, §1 and c 202, §58; am L 1997, c 383, §61; am L 1999, c 254, §3]

Case Notes

Kentucky-based company that contracted with the Hawaii medical services association (HMSA) to provide subrogation and "claims recovery services" was a "collection agency" within the meaning of this section, and subject to the registration requirements of §443B-3, where company was collecting "claims" that HMSA had against plaintiffs--money that company alleged was "due and owing". 117 H. 153, 177 P.3d 341 (2008).