(a)

Terms Used In Tennessee Code 62-20-115

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Board: means the Tennessee collection service board. See Tennessee Code 62-20-102
  • Client: means any person who retains the services of a collection service and for such services directly provides the fee, commission or other compensation. See Tennessee Code 62-20-102
  • Collection service: includes , but is not limited to:
    (A) Any deputy sheriff, constable or other individual who, in the course of that person's duties, accepts any compensation other than that fixed by statute in connection with the collection of an account. See Tennessee Code 62-20-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Fraud: Intentional deception resulting in injury to another.
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Person: means an individual, firm, corporation, association or other legal entity. See Tennessee Code 62-20-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) The board may, upon its own motion, or shall, upon the sworn complaint in writing of any person, investigate any collection service or licensee operating in the state.
(2) The board shall transmit any such complaint within fifteen (15) days of receipt of the complaint to the accused licensee by first-class mail.
(3) The licensee shall, within twenty (20) days, file with the board the licensee’s sworn answer to the complaint.
(b) The board may suspend, revoke or refuse to renew any license held under this chapter for any of the following causes:

(1) Obtaining a license through misrepresentation or fraud;
(2) Collecting or attempting to collect from the debtor any fee, commission or other compensation not provided by law for collection services rendered to a client, except that a collection service may recover from debtors reasonable charges imposed by banks for processing insufficient fund checks; provided, that the charges do not exceed nine dollars ($9.00) per check;
(3) Failing to report and pay to a client the net proceeds of all collections made during a calendar month within thirty (30) days, unless otherwise provided by mutual agreement between the licensee and the client;
(4) Violating or cooperating with others in violating any provision of this chapter or any rule lawfully promulgated by the board;
(5) Failing to comply with any applicable state or federal law or regulation pertaining to the credit and collection industry; and
(6) Any cause for which issuance of a license could have been refused had it existed and been known to the board at the time of issuance.
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