Ariz. Admin. Code § 20-4-1520

Current through Register Vol. 30, No. 37, September 13, 2024

Section R20-4-1520 - Representations of Collection Agency Employees' Identity or Position

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

1. Misrepresent the person's true position with the collection agency;

2. Claim to be, or imply that the person is, an attorney unless the person is licensed to practice law;

3. Claim to be, or imply that the person is, a public official, peace officer, or any other type of public employee; or

4. Claim to be, or imply that the person is, any other third party.

B. In any communication with a debtor, a person working for a collection agency shall indicate that the person is a debt collector.

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. The true name of each debt collector that uses a fictitious name;

2. Each fictitious name used by the debt collector, together with the dates when the name is used; and

3. The residential street address and residential mailing address of each debt collector that uses a fictitious name.

Ariz. Admin. Code § R20-4-1520

Adopted effective December 18, 1979 (Supp. 79-6). R20-4-1520recodified 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, effective 10/2/2023.