ENGROSSED SUBSTITUTE HOUSE BILL NO. 2801


                                                           AS AMENDED BY THE SENATE


                                                                            C 190 L 90



State of Washington                               51st Legislature                              1990 Regular Session


By House Committee on Commerce & Labor (originally sponsored by Representatives Forner, Vekich, Smith, Cole, Walker, Bowman, Leonard, Prentice, Fuhrman, May, Brough, Ferguson, Betrozoff, Winsley, Chandler, Wolfe, Horn, Moyer, Brumsickle, Silver, Nealey, Youngsman, Miller and Wood)



Read first time 2/2/90.



AN ACT Relating to collection agencies; and amending RCW 19.16.100.




        Sec. 1.  Section 1, chapter 253, Laws of 1971 ex. sess. as amended by section 81, chapter 158, Laws of 1979 and RCW 19.16.100 are each amended to read as follows:

          Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:

          (1) "Person" includes individual, firm, partnership, trust, joint venture, association, or corporation.

          (2) "Collection agency" means and includes:

          (a) Any person directly or indirectly engaged in soliciting claims for collection, or collecting or attempting to collect claims owed or due or asserted to be owed or due another person;

          (b) Any person who directly or indirectly furnishes or attempts to furnish, sells, or offers to sell forms represented to be a collection system or scheme intended or calculated to be used to collect claims even though the forms direct the debtor to make payment to the creditor and even though the forms may be or are actually used by the creditor himself in his own name;

          (c) Any person who in attempting to collect or in collecting his own claim uses a fictitious name or any name other than his own which would indicate to the debtor that a third person is collecting or attempting to collect such claim.

          (3) "Collection agency" does not mean and does not include:

          (a) Any individual engaged in soliciting claims for collection, or collecting or attempting to collect claims on behalf of a licensee under this chapter, if said individual is an employee of the licensee;

          (b) Any individual collecting or attempting to collect claims for not more than one employer, if all the collection efforts are carried on in the name of the employer and if the individual is an employee of the employer; ((or))

          (c) Any person whose collection activities are carried on in his or its true name and are confined and are directly related to the operation of a business other than that of a collection agency, such as but not limited to trust companies, savings and loan associations, building and loan associations, abstract companies doing an escrow business, real estate brokers, public officers acting in their official capacities, persons acting under court order, lawyers, insurance companies, credit unions, loan or finance companies, mortgage banks, and banks; or

          (d) Any person who on behalf of another person prepares or mails monthly or periodic statements of accounts due if all payments are made to that other person and no other collection efforts are made by the person preparing the statements of account.

          (4) "Claim" means any obligation for the payment of money or thing of value arising out of any agreement or contract, express or implied.

          (5) "Statement of account" means a report setting forth only amounts billed, invoices, credits allowed, or aged balance due.

          (6) "Director" means the director of licensing.

          (((6))) (7) "Client" or "customer" means any person authorizing or employing a collection agency to collect a claim.

          (((7))) (8) "Licensee" means any person licensed under this chapter.

          (((8))) (9) "Board" means the Washington state collection agency board.

          (((9))) (10) "Debtor" means any person owing or alleged to owe a claim.

                                                                                                                           Passed the House March 6, 1990.


                                                                                                                                         Speaker of the House.


                                                                                                                           Passed the Senate March 1, 1990.


                                                                                                                                       President of the Senate.