TITLE 26

BANKS AND BANKING

CHAPTER 22

COLLECTION AGENCIES

26-2239.  Exemptions. The provisions of this act shall not apply to the following:

(1)  Persons licensed to practice law in this state, to the extent that they are retained by their clients to engage in activities authorized by this act, and such activities are incidental to the practice of law. Such exemption shall not apply to an attorney engaged in a separate business conducting the activities authorized by this act;

(2)  Any regulated lender as defined in section 28-41-301, Idaho Code, and its subsidiary, affiliate or agent, to the extent that the regulated lender, subsidiary, affiliate or agent collects for the regulated lender or engages in acts governed by this act which are incidental to the business of a regulated lender;

(3)  Any bank, trust company, credit union, insurance company or industrial loan company authorized to do business in this state;

(4)  Any federal, state or local governmental agency or instrumentality;

(5)  Any real estate broker or real estate salesman licensed under the laws of and residing within this state while engaged in acts authorized by his real estate license;

(6)  Any person authorized to engage in escrow business in this state while engaged in authorized escrow business;

(7)  Any mortgage lender engaged in the regular business of a mortgage lender as defined in section 26-31-201, Idaho Code, except a mortgage lender engaged in a separate business conducting the activities authorized by this act;

(8)  Any court-appointed trustee, receiver or conservator;

(9)  Any telephone corporation as defined in subsection (14) of section 62-603, Idaho Code, whose initial request for payment on behalf of such telephone corporation or on behalf of another person is made by the telephone corporation as a part of regular telecommunications billings to its customers and at a time before the account, bill, claim or other indebtedness becomes past due or delinquent;

(10) Any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom he is so related or affiliated and if the principal business of such person is not the collection of debts.

History:

[26-2239, added 1970, ch. 53, sec. 18, p. 118; am. 1990, ch. 346, sec. 6, p. 935; am. 1993, ch. 165, sec. 5, p. 420; am. 2003, ch. 112, sec. 1, p. 355; am. 2008, ch. 347, sec. 22, p. 953; am. 2013, ch. 54, sec. 8, p. 119; am. 2015, ch. 244, sec. 9, p. 1011; am. 2020, ch. 100, sec. 1, p. 260.]