§ 62-20-105 — License requirement

(a) No person shall commence, conduct or operate any collection service business in this state unless the person holds a valid collection service license issued by the board under this chapter or prior state law. (b) Regular employees of licensed collection services need not procure a separate collection service license. (c) [Deleted by 2021 amendment.] (d) Nothing in this chapter shall be construed to impair or impede the obligation of any contract, delinquent account, bills or other forms of indebtedness, nor prevent or deny any person the right to purchase, sell, assign, or take by assignment any obligation. (e) Notwithstanding subsection (a), no debt or obligation that has been collected by a voluntary payment or by a final judgment of any court may be set aside or challenged based on the lack of a license. (f) Any person who is alleged to have violated subsection (a) in the collection of a delinquent account, bill or other form of indebtedness: (1) May cure the default at any time, even after collection may have started, by filing an application for a license with the collection services board as provided in this chapter, and the board may not use a prior collection effort in violation of this section or § 62-20-124 as a basis or consideration for the denial of a license; and (2) May be subject to sanction by the collection service board, but may not be subject to other civil action or defense based on such alleged violation.

Legislative History

Amended by 2021 Tenn. Acts, ch. 549, s 33, eff. 10/1/2021. Amended by 2014 Tenn. Acts, ch. 996,s 4, eff. 5/22/2014. Acts 1981, ch. 170, § 5; 1988, ch. 823, § 6; 1990, ch. 1026, § 10.