§ 609a.18. Collection of returned checks.
(a) A certificate holder may designate specific employees with no incompatible functions, including the certificate holders general counsel or an outside attorney, to engage in efforts to collect Counter Checks or personal checks returned by a patrons bank.
(b) A certificate holder, and any outside attorney acting on behalf of the certificate holder, that is engaged in efforts to collect returned checks shall comply with applicable Federal and State laws pertaining to debt collection including the Fair Debt Collection Practices Act (15 U.S.C.A. § § 16921692p), the Fair Credit Extension Uniformity Act (73 P. S. § § 2270.12270.5) and the Unfair Trade Practices and Consumer Protection Law (73 P. S. § § 201-1210-9.3).
(c) The certificate holder shall include in the patrons credit file copies of all statements and other documents supporting collection efforts.
(d) The certificate holder shall maintain records, for the Boards inspection, that describe credit collection arrangements and any written contracts entered into with an outside attorney engaged in efforts to collect Counter Checks or personal checks returned by a patrons bank on behalf of the certificate holder.
Cross References This section cited in 58 Pa. Code § 609a.19 (relating to use of an electronic credit system for the processing of Counter Checks and customer deposits).
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