§443B-3  Registration required.  (a)  No
collection agency shall collect or attempt to collect any money or any other
forms of indebtedness alleged to be due and owing from any person who resides
or does business in this State without first registering under this chapter.



(b)  Registration shall include:



(1)  Submission of a complete application for
registration;



(2)  Submission of a certificate of good standing or a
certificate of authority from the business registration division;



(3)  Payment of appropriate fees;



(4)  Filing and maintenance of a bond in the amount
prescribed in section 443B-5;



(5)  Maintenance of a regular active business office
in the State; and



(6)  Designation of a principal collector, as
prescribed in section 443B-6.



(c)  Any collection agency which has filed a
bond with the director and maintained that bond in full force and effect, and
which has not filed an application and paid the registration fee within ninety
days of June 6, 1987, shall submit an application in the same manner as a new
applicant subject to the provisions of sections 443B-4 and 443B-6. [L 1987, c
191, pt of §1; am L 1990, c 246, §5; am L 1996, c 13, §12]



 



Note



 



  Section 443B-7 referred to in text is repealed.



 



Case Notes



 



  Although plaintiffs were "consumers" within the
meaning of §§480-1 and 480-13, plaintiffs' payment of their Hawaii medical
services association (HMSA) lien to the Kentucky-based company that contracted
with HMSA to provide subrogation and "claims recovery services", but
which had violated this section, did not constitute an injury for which
plaintiffs could bring suit under §480-13(b).  117 H. 153, 177 P.3d 341.



  Kentucky-based company that contracted with the Hawaii
medical services association (HMSA) to provide subrogation and "claims
recovery services" was a "collection agency" within the meaning
of §443B-1, and subject to the registration requirements of this section, where
company was collecting "claims" that HMSA had against
plaintiffs--money that company alleged was "due and owing".  117 H.
153, 177 P.3d 341.