Current through Register Vol. 54, No. 49, December 7, 2024
Section 609a.18 - Collection of returned checks(a) A certificate holder may designate specific employees with no incompatible functions, including the certificate holder's general counsel or an outside attorney, to engage in efforts to collect Counter Checks or personal checks returned by a patron's 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. §§ 1692-1692p), the Fair Credit Extension Uniformity Act (73 P. S. §§ 2270.1-2270.5) and the Unfair Trade Practices and Consumer Protection Law (73 P. S. §§ 201-1-210-9.3).(c) The certificate holder shall include in the patron's credit file copies of all statements and other documents supporting collection efforts.(d) The certificate holder shall maintain records, for the Board's 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 patron's bank on behalf of the certificate holder. 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).