Arkansas Administrative Code Agency 031 - Collection Agencies, Arkansas State Board of
Here’s a clearer overview of Agency 031 – Arkansas State Board of Collection Agencies, as found in the Arkansas Administrative Code and related resources:
🏛️ Agency Overview
Agency 031 is the Arkansas State Board of Collection Agencies (ASBCA), now part of the Department of Labor & Licensing (portal.arkansas.gov).
It regulates third-party debt collectors who are either based in Arkansas or contact Arkansas residents (labor.arkansas.gov).
The Board enforces both Arkansas Code § 17‑24 (state Fair Debt Collection Practices Act) and the federal FDCPA (labor.arkansas.gov).
📜 Rules & Regulations Highlights (Division 15)
Key provisions under Division 15 (referenced as Rule 031.00.97‑001 include) (casetext.com):
Accurate Identification
All communications must clearly use the agency’s licensed name or exactly its trade name (not variations), except for skip‑tracing or envelope use.
Written/telephone contacts must disclose the purpose of the contact, creditor’s name, agency’s registered name, date (if written), and collector identity (if oral).
Use of Pseudonyms
Agencies must track any pseudonyms used by their employees and submit the list to the ASBCA at application or license renewal. Records must be kept for at least one year post-employment.
Disciplinary Grounds & Penalties
The Board may suspend, revoke licenses, impose fines (up to $500/day per complaint), and take other disciplinary action for harassment, false or misleading statements, unfair practices, improper communication, or operating without a license (casetext.com).
⚙️ Licensing Requirements
Licensing is mandatory for agencies collecting within Arkansas, including out‑of‑state firms contacting Arkansas residents (labor.arkansas.gov).
Applicants must submit:
A license application
A surety bond (minimum $10,000–$25,000 based on staff size)
Manager information and consent to credit checks (casetext.com, labor.arkansas.gov).
🛡️ Enforcement & Consumer Protection
ASBCA investigates complaints involving:
Harassment or abuse
Unlicensed activity
Prohibited fees
Complaints can be filed directly with the Board via the Department of Labor & Licensing website (labor.arkansas.gov, casetext.com).
They also enforce consumer rights under state and federal FDCPA laws (reddit.com).
🔗 Where to Find the Official Rules
Official PDFs of the ASBCA Rules (2021 revision) and Arkansas Statute & FDCPA references are available via the “Laws & Rules” section on the ASBCA web pages (labor.arkansas.gov).
The full text of Rule 031.00.97‑001 can also be reviewed through legal sites such as Casetext (casetext.com).
✅ Summary Table
Topic
Key Points
Agency
Regulation of debt collectors contacting Arkansans
Mandatory Licensing
Required for agencies in-state OR contacting in-state debtors
Communication Rules
Licensed names, clear reasons, collector identity disclosures
Pseudonym Policy
Recordkeeping & submission required
Penalties
Up to $500/day fines, suspension, revocation for violations
Bond Amounts
$10,000–$25,000 based on number of collectors
Consumer Protections
Enforces state & federal FDCPA; investigates complaints
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