62-20-115. Investigations -- Denial, revocation or suspension of licenses.

*** Current through the 2015 Regular Session ***

Title 62  Professions, Businesses and Trades  
Chapter 20  Tennessee Collection Service Act

Tenn. Code Ann. § 62-20-115  (2016)

62-20-115.  Investigations -- Denial, revocation or suspension of licenses.

  (a)  (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 registered or certified 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.

HISTORY: Acts 1981, ch. 170, § 15; 1987, ch. 292, § 1; 1988, ch. 823, §§ 27, 28; 1998, ch. 843, § 1.

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This Page Last Updated: June 7, 2016 at 2:43 pm