Recently, the Connecticut Department of Banking entered into a consent order with a North Carolina-based company resolving allegations that it violated Connecticut collection practices laws and regulations by allegedly using a name other than the company’s legal name when collecting unpaid debts without a Connecticut consumer collection agency license. The Department’s investigation stemmed from a newspaper article in which a Connecticut resident complained that he received bills from a company in an attempt to collect $314 for a Covid-19 test. The company responded to the Department’s inquiry by stating that a collection agency license was not required because the collections were made by an in-house division of the company, and not on behalf of a third party. The company also cited cases in which federal courts dismissed similar allegations under the federal FDCPA. After an investigation, the Department alleged that the company constituted as a “creditor” and by using a different name, was in violation of the Regulations of Connecticut State Agencies, “which prohibits the use of any business, company or organization name other than the true name of the creditor’s organization.” The consent order requires that the company pay a civil money penalty of $10,000 and that the company cease and desist from using any name other than its true legal name to collect debts.
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