LAWS & RULES

Under Arkansas law, collection agencies are individuals or businesses that collect debts on behalf of a third party. For example, if a hospital gives its delinquent accounts to a company to contact patients for payment then that company is considered a collection agency. Arkansas law exempts certain people and businesses from the definition of a collection agency. Those exemptions are found at Arkansas Code Annotated §17-24-102. A creditor who collects its own accounts in its own name is not considered to be a collection agency.

If a collection agency is located in Arkansas or contacts debtors in Arkansas, it must be licensed by the State Board of Collection Agencies. Collection agencies are also required to comply with the Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act governs when, where and how consumers may be contacted. It prohibits collection agencies from harassing or abusing consumers.

 

ASBCA statute and Fair Debt Collection Practices Act - (PDF)

ASBCA Rules and Regulations (1997) - (PDF)

 

RULEMAKING

The State Board of Collection Agencies has submitted proposed changes to its rules (see link below) to the Arkansas Legislative Council for approval.  These proposed revisions were approved by the Board on May 19, 2021, by the Secretary of Labor and Licensing on July 22, 2021, and by the Governor's office on August 3, 2021.  The Board accepted written comments on the proposed changes from August 5 - September 7, 2021.  The Board did not receive any written comments.  The Board also held a public hearing on the proposed rules in conjuction with its regular meeting on August 18, 2021.  The Board did not recieve any comments at the public hearing. 

Download the proposed amendments here:  ASBCA Proposed Rules - 2021

 

ORDERS

The documents below reflect the Board's decisions in recent adminstrative adjudications:

In re Hillcrest Davidson & Assoc (August 2021)