32-1004
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32-1004. Exemptions A. The following persons are exempt from the provisions of 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 7 and section 32-1055, subsection C and subsection D, paragraphs 1, 2, 3 and 5: 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 the deposits of which 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 3.4 and who is authorized to collect premiums under an insurance policy financed by a premium finance agreement as defined in section 6-1401. 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, 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 superintendent 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 the provisions of section 32-1051, paragraphs 2 through 7 or section 32-1055, subsection C or subsection D, paragraph 1, 2, 3 or 5 is subject to the provisions of sections 6-132, 6-136 and 6-137. |