Cite as 2014 Ark. 363
Code Annotated § 17-24-101 specifically provides,
As used in this chapter, unless the context otherwise requires, "collection agency" means any person, partnership, corporation, association, limited liability corporation, or firm which engages in the collection of delinquent accounts, bills, or other forms of indebtedness owed or due or asserted to be owed or due to another or any person, partnership, corporation, association, limited liability corporation, or firm using a fictitious name or any name other than its own in the collection of their own accounts receivable, or any person, partnership, corporation, association, limited liability corporation, or firm which solicits claims for collection or any person, partnership, corporation, association, limited liability corporation, or firm that purchases and attempts to collect delinquent accounts or bills.
(Emphasis added.) The legislature amended the statute to include the emphasized language in 2009. See Professions and Occupations—Debtors and Creditors—Collections, 2009 Ark. Acts 1455. Arkansas Code Annotated § 17-24-102 (Repl. 2010) provides a list of exemptions, including the following pertinent individuals:
(a) This chapter does not apply to:. . . .
(8) Attorneys at law who use their own names or the names of their law firms to collect or attempt to collect claims, accounts, bills, or other forms of indebtedness owed to them individually or as a firm;. . . .
(b) Nothing in § 17-24-301, § 17-24-309, § 17-24-401, or this chapter with respect to licensure by the State Board of Collection Agencies or limitations of fees for collection services shall include or be applicable to attorneys at law licensed to practice in the State of Arkansas who are engaged in rendering legal services for clients in the collection of accounts, debts, or claims, nor shall § 17-24-301, § 17-24-309, § 17-24.401, or this chapter amend or repeal in any way the exemptions set out in subsection (a) of this section.
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