A. The following persons are exempt from this chapter when engaged in the regular course of their respective businesses but shall comply with the requirements of section 32-1051, paragraphs 2 through 6 and section 32-1055, subsection C and subsection D, paragraphs 1, 2, 3 and 5:

Terms Used In Arizona Laws 32-1004

  • Claim: means an obligation for the payment of money or its equivalent and a sum or sums owed, due or asserted to be owed or due to another, for which a person is employed to demand payment and collect or enforce such payment, and includes:

    (a) Obligations for the payment of money to another, in the form of conditional sales agreements, notwithstanding the personal property sold thereunder, for which payment is claimed or may be or is repossessed in lieu of payment. See Arizona Laws 32-1001

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Deputy director: means the deputy director of the financial institutions division of the department of insurance and financial institutions. See Arizona Laws 32-1001
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Financial institution: means a person who does business under any other law of this state or law of another state or the United States relating to banks, trust companies, savings and loan associations, credit unions and savings banks. See Arizona Laws 32-1001
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Person: means an individual, firm, partnership, association or corporation. See Arizona Laws 32-1001

1. Attorneys-at-law.

2. A person regularly employed on a regular wage or salary in the capacity of credit person or a similar capacity, except as an independent contractor.

3. Banks, including trust departments of a bank, fiduciaries and financing and lending institutions.

4. Common carriers.

5. Title insurers, title insurance agents and abstract companies while doing an escrow business.

6. Licensed real estate brokers.

7. Employees of licensees under this chapter.

8. Substation payment offices employed by or serving as independent contractors or public utilities.

9. A person licensed pursuant to Title 6, Chapter 7.

10. A person licensed pursuant to Title 6, Chapter 9.

11. A person licensed pursuant to Title 6, Chapter 14, Article 1.

12. A participant in a finance transaction in which a lender receives the right to collect commercial claims due the borrower by assignment, by purchase or by the taking of a security interest in those commercial claims.

13. An accounting, bookkeeping or billing service provider that complies with all of the following:

(a) Does not accept accounts that are contractually past due at the time of receipt.

(b) Does not initiate any contact with individual debtors except for the initial written notice of the amount owing and one written follow-up notice.

(c) Does not give or send to any debtor a written communication that requests or demands payment.

(d) Does not receive or have access to monies paid by debtors or their insurers.

(e) All communications with the debtors are done in the name of the creditor.

14. A person collecting claims owed, due or asserted to be owed or due to a financial institution of which the deposits are insured by an agency of the federal government, or any affiliate of the financial institution, if the person is related by common ownership or affiliated by corporate control with the financial institution and collects the claims only for the financial institution or any affiliate of the financial institution.

15. A person who is licensed pursuant to Title 20, Chapter 2, Article 3, 3.1, 3.2, 3.3 or 3.5 and who is authorized to collect premiums under an insurance policy financed by a premium finance agreement as defined in section 6-1401.

16. A person that is licensed pursuant to Title 20, Chapter 2, Article 9, that is authorized to act as an administrator for an insurer as defined in section 20-485 and that collects charges pursuant to Section 20-485.09, subsection B.

B. For the purposes of subsection A, paragraph 12 of this section:

1. A transaction shall not be deemed a finance transaction if the primary purpose is to facilitate the collection of claims.

2. Commercial claim does not include an account arising from the purchase of a service or product intended for personal, family or household use.

C. For the purposes of subsection A, paragraph 13, subdivision (b) of this section, the initial written notice and follow-up notice may contain only the following information:

1. The name, address and telephone and telefacsimile numbers of the creditor.

2. The amount due and an itemization of that amount.

3. The date payment is due.

4. The address or place where payment is to be made.

5. If the payment is past due, that payment is past due.

D. For a person who is exempt under subsection A, paragraph 14 of this section, the deputy director shall investigate complaints of residents of this state relating to any violations of section 32-1051, paragraphs 2 through 7 or section 32-1055, subsection C or subsection D, paragraph 1, 2, 3 or 5 and may examine the books, accounts, claims and files of a person that relate to the complaint. A person who is exempt and who violates section 32-1051, paragraphs 2 through 6 or section 32-1055, subsection C or subsection D, paragraph 1, 2, 3 or 5 is subject to sections 6-132, 6-136 and 6-137.

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