Code of Massachusetts Regulations
209 CMR - DIVISION OF BANKS AND LOAN AGENCIES
Title 209 CMR 18.00 - Conduct of the business of debt collectors, student loan servicers, and third party loan servicers
Section 18.14 - Preserving Identity of Funds of Clients - Debt Collection
Current through Register 1531, September 27, 2024
(1) All funds of clients paid to a debt collector shall be deposited in one or more trust accounts maintained at a federally insured bank.
(2) The gross amount of monies collected from consumers by the debt collector shall be deposited into the trust account(s).
(3) In remitting to clients, a debt collector may offset funds in the trust account(s) against commissions to which it is entitled for payments made by consumers directly to clients. All offsets shall be accounted for through written documentation evidencing the amount of offset.
(4) A debt collector shall maintain complete and accurate trust account records. A debt collector shall produce, upon request, all documents pertaining to trust account activity, including, but not limited to: bank settlements, check stubs, canceled, voided or unused checks, deposit tickets, and reconciliations or other comparable account records.