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<section article="gcj" article_name="Courts and Judicial Proceedings" number="5-1201" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="12" subtitle_name="Consumer Debt Collection Actions">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“Charge–off” means the act of a creditor that treats an account receivable or any other debt as a loss or an expense because payment is unlikely.</text>
  </level>
  <level label="c">
    <text>“Charge–off balance” means the amount due on the account or debt at the time of charge–off.</text>
  </level>
  <level label="d">
    <text>“Collector” means a person collecting or attempting to collect an alleged debt arising out of a consumer transaction.</text>
  </level>
  <level label="e">
    <text>“Consumer debt” means a secured or an unsecured debt that:</text>
    <level label="1">
      <text>Is for money owed or alleged to be owed; and</text>
    </level>
    <level label="2">
      <text>Arises from a consumer transaction.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>“Consumer debt collection action” means any judicial action or arbitration proceeding in which a claim is asserted to collect a consumer debt.</text>
    </level>
    <level label="2">
      <text>“Consumer debt collection action” does not include an action brought under § 8–401 of the Real Property Article by a landlord or an attorney, a property manager, or an agent on behalf of a landlord.</text>
    </level>
  </level>
  <level label="g">
    <text>“Consumer transaction” means any transaction involving a person seeking or acquiring real or personal property, services, money, or credit for personal, family, or household purposes.</text>
  </level>
  <level label="h">
    <text>“Creditor” means a person to whom a consumer debt is owed or alleged to be owed.</text>
  </level>
  <level label="i">
    <level label="1">
      <text>“Debt buyer” means a person that purchases or otherwise acquires consumer debt from an original creditor or from a subsequent owner of the debt.</text>
    </level>
    <level label="2">
      <text>“Debt buyer” does not include:</text>
      <level label="i">
        <text>A check services company that acquires the right to collect on a paper or an electronic check instrument, including an automated clearing house item that has been returned unpaid to a merchant;</text>
      </level>
      <level label="ii">
        <text>A business entity that, in the business entity’s ordinary course of business, does not purchase or otherwise acquire consumer debt from an original creditor or from a subsequent owner of the debt and acquired the consumer debt:</text>
        <level label="1">
          <text>As a direct result of the business entity being the successor in a merger with the original creditor of the debt; or</text>
        </level>
        <level label="2">
          <text>Because the business entity purchased or otherwise acquired the original creditor in whole;</text>
        </level>
      </level>
      <level label="iii">
        <text>A bank, credit union, or savings and loan association that acquired the consumer debt as a direct result of being the successor in a merger with another bank, credit union, or savings and loan association that had owned the consumer debt;</text>
      </level>
      <level label="iv">
        <text>A mortgage servicer that is licensed under Title 11, Subtitle 5 of the Financial Institutions Article, unless the mortgage servicer or a collector acting on the mortgage servicer’s behalf collects or attempts to collect a deficiency balance or deficiency judgment in any way related to or arising from a foreclosure or short sale of real property that secured the mortgage loan;</text>
      </level>
      <level label="v">
        <text>A sales finance company or any other person that acquires consumer debt arising from a retail installment sale agreement if:</text>
        <level label="1">
          <text>The sales finance company or other person acquired the debt before the first installment payment was due from the consumer; and</text>
        </level>
        <level label="2">
          <text>The retail installment sale agreement expressly stated that the consumer would be required to make the consumer’s payments to that sales finance company or person;</text>
        </level>
      </level>
      <level label="vi">
        <text>A bank, credit union, or savings and loan association that acquired from another bank, credit union, or savings and loan association, in the ordinary course of business, all of a specific type of consumer debt owned by the other bank, credit union, or savings and loan association except for consumer debt that had been charged off; or</text>
      </level>
      <level label="vii">
        <text>An attorney, a licensed debt collection agency, a property manager, or any other person that collects or attempts to collect consumer debt in an action under § 8–401 of the Real Property Article on behalf of an original creditor that is a residential rental property owner.</text>
      </level>
    </level>
  </level>
  <level label="j">
    <text>“Debtor” means an individual who owes or is alleged to owe a consumer debt.</text>
  </level>
  <level label="k">
    <level label="1">
      <text>“Principal” means the unpaid balance of a debt or an obligation arising from a consumer transaction that is owed or alleged to be owed to the original creditor.</text>
    </level>
    <level label="2">
      <text>“Principal” does not include interest, fees, or charges added to the debt or obligation by the original creditor or any subsequent owners of a consumer debt.</text>
    </level>
  </level>
</section>
