| 6. Debt collector. "Debt collector" means any person |
| conducting business in this State, the principal purpose of which |
| is the collection of any debts, or who regularly collects or |
| attempts to collect, directly or indirectly, debts owed or due or |
| asserted to be owed or due another. "Debt collector" includes |
| persons who furnish collection systems carrying a name that |
| simulates the name of a debt collector and who supply forms or |
| form letters to be used by the creditor even though the forms |
| direct the debtor to make payments directly to the creditor. |
| Notwithstanding the exclusion provided by section 11003, |
| subsection 7, "debt collector" includes any creditor who, in the |
| process of collecting the creditor's own debts, uses any name |
| other than the creditor's that would indicate that a 3rd person |
is collecting or attempting to collect these debts. For purposes |
of subchapter II, "debt |
| at-law whose principal activities include collecting debts as an |
| attorney on behalf of and in the name of clients, except that any |
| such attorney licensed to practice law in this State is subject |
| exclusively to subchapter 2 and any such attorney not licensed to |
| practice law in this State is subject to this entire chapter. |
| "Debt collector" also includes any person regularly engaged in |
| the enforcement of security interests securing debts. "Debt |
| collector" does not include any person who retrieves collateral |
| when a consumer has voluntarily surrendered possession. A person |
| is regularly engaged in the enforcement of security interests if |
| that person enforced security interests more than 5 times in the |
| previous calendar year. If a person does not meet these |
| numerical standards for the previous calendar year, the numerical |
| standards must be applied to the current calendar year. |
