FIND THE EXPLANATION
Use the notice, agreement, and places connected to the debt to find the right court, regulator, or legal-help service.
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Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.
Component: Creditor-side collection agencies, original creditors, debt buyers and assignees, loan servicers, collection attorneys, and remote/online collectors. Baseline: October 22, 2026, Pacific. Actual access date: October 24, 2026, Pacific.
Principal conclusion: Alabama does not appear, from the controlling statewide materials successfully retrieved in this pass, to use a single prudential “collection-agency license” covering every creditor-side collector. Instead, at least four distinct authority questions must be kept separate:
No finding in this component authorizes a debtor-side settlement provider, cures any PASS-01 or PASS-02 hold, or establishes that a named creditor-side business is licensed.
| Actor or activity | Alabama §40-12-80 privilege-license position | Alabama Consumer Credit Act position | Federal FDCPA / Regulation F position | Material unresolved branch |
|---|---|---|---|---|
| Original creditor collecting only its own receivable in its own name | Collecting only one’s own receivable does not, on that fact alone, satisfy §40-12-80’s express “employ agents to solicit claims for collection” trigger. But no controlling Alabama decision located in this pass establishes that this is the only possible route into “collection agency” status. | The original creditor may need a Banking Department license because it makes consumer loans, not because it later collects them. A seller has a statutory licensing exception for its own consumer-credit sales under the 2025 reproduced text. | Ordinarily outside the “owed another” prong. It may still be covered if collection is the business’s principal purpose, if it uses a false third-party name, or under another applicable statutory theory. | Actual credit-origination activity, entity purpose, name used, and ACCA exemptions. |
| Third-party collection agency collecting for creditors | Strongest ordinary §40-12-80 candidate when it employs agents to solicit claims for collection and has the Alabama location or agent nexus described by ALDOR. | Collection for another does not itself constitute making consumer loans or taking assignments. | Generally covered when its principal purpose is collecting consumer debts or it regularly collects consumer debts owed another, unless a specific exclusion applies. | Alabama place/agent facts, consumer versus commercial portfolio, and actual federal exclusion. |
| Outright purchaser of defaulted consumer debt collecting for itself | Unresolved under §40-12-80 when the purchaser did not solicit creditor accounts “for collection” but instead bought and owns the claims. Federal status alone should not silently replace the state trigger. | Potentially covered only if it is a statutory “creditor” and takes qualifying assignments through the specified Alabama nexus. Ownership or assignee status alone did not make the assignee a “creditor” in Farmer. | Henson holds that own-account collection does not satisfy the “owed another” prong merely because the debts were purchased after default. Principal-purpose coverage was expressly left undecided there; Eleventh Circuit authority recognizes that “any debts” under that prong can include debts owned by the collector. | Principal purpose, whether the purchase is an assignment of a consumer-credit contract, ACCA “creditor” status, and §40-12-80 application. |
| Loan servicer that obtained servicing before default | Depends on §40-12-80’s own trigger and Alabama presence; servicing status is not an express statutory category. | Pure servicing is not necessarily “making” a loan or “taking an assignment.” The servicing and ownership documents must be examined. | Section 1692a(6)(F)(iii) can exclude collection of a debt obtained before default, but only to the extent all elements of the exclusion apply. | What was “obtained,” when, from whom, and whether the servicer owns, was assigned, or merely administers the account. |
| Loan servicer obtaining rights after default | Same state-law fact inquiry; post-default timing does not itself create a §40-12-80 license. | Same ACCA distinction between servicing and taking assignments. | No automatic inclusion from default alone, but the pre-default exclusion is unavailable. In Glover/Booze, Ocwen acquired servicing rights after default and regularly collected payments owed lenders, making it a debt collector on those facts. | Regularity, whom payment is owed to, ownership, principal purpose, and the actual servicing transfer. |
| Collection attorney or law firm | ALDOR’s handbook says an Alabama attorney retained by an out-of-state collection agency can be that agency’s Alabama agent for §40-12-80. That does not decide whether the law firm itself separately owes §40-12-80. | A law firm does not become an ACCA licensee merely by litigating or collecting; separate lending or assignment conduct would need analysis. | Attorneys who regularly collect consumer debts can be debt collectors, including through litigation. Pure state-required nonjudicial-foreclosure conduct has a narrow federal boundary, while a payment demand can make a communication dual-purpose collection. | Bar status, regularity, actual activity, client relationship, foreclosure versus payment demand, and §40-12-80’s application to the firm. |
| Remote third-party agency using only mail or telephone and no Alabama agent | ALDOR’s October 2022 interpretation says no §40-12-80 license is needed in that situation. This is agency operational guidance, not a reported controlling judgment. | Remote location is not a universal ACCA safe harbor; covered consumer lending can reach Alabama residents regardless of the lender’s physical location, while the assignment provision has its own nexus language. | Geographic remoteness and online delivery do not create a federal categorical exemption. | Whether “online only” falls within ALDOR’s letter/telephone interpretation, whether an Alabama contractor counts as an agent, and other state nexus law. |
| Commercial-debt-only collector | Unresolved. Section 40-12-80 expressly speaks of claims solicited from “persons, firms, or corporations,” which is not facially consumer-only. But it also incorporates federal debt-collector exclusions, and ALDOR says “collection agency” is defined in accordance with the FDCPA. No controlling Alabama authority was located reconciling these features for a commercial-only collector. | ACCA consumer-credit licensing generally does not cover business-purpose obligations. | A business-purpose obligation is not a federal “debt” because the underlying transaction is not primarily personal, family, or household. | Alabama §40-12-80 interpretation, corporate qualification, and local licensing. |
The controlling federal definitions distinguish a “debt,” which must arise from a primarily personal, family, or household transaction, from the collector’s status under the two principal federal prongs. The statute separately lists exclusions, including qualifying pre-default servicers, originators collecting their own originated debts, incidental fiduciaries, and bona fide nonprofit counseling organizations. U.S. Code+3
Federal FDCPA and Regulation F coverage turns on the purpose of the underlying transaction, not simply the identity of the debtor, whether the obligation is in default, or whether a judgment has been entered. A natural person’s business loan is not automatically a federal “debt”; a personal or household obligation remains a federal “debt” even after judgment. U.S. Code+1
Alabama’s two licensing systems do not use the same boundary:
Porter concerned a creditor-side commercial association collecting delinquent accounts for its members. The Alabama Supreme Court held that peaceful collection or friendly adjustment of an undisputed account did not, by itself, constitute unauthorized practice of law, while retaining restrictions involving legal threats and other legal work. It was not a collection-license decision and does not authorize representing debtors in settlement. Justia Law
Section 40-12-80 is located in Title 40’s business-occupation license provisions. It imposes a license tax, not a Banking Department-style prudential authorization. The current official Code search-rendered text provides:
Section 40-12-2 adds:
Place in a city or town with at least 20,000 inhabitants
Place in a city or town below 20,000 inhabitants
ALDOR’s handbook independently prints those same combined totals and says the license is due for each place of business, based on the agency rather than the number of agents. Alabama Department of Revenue+1
ALDOR’s October 2022 handbook states:
These are expressly presented in the handbook as “Interpretations.” They are useful current operational guidance but not a court holding or a formal rule with an independently identified adoption order.
The actual §40-12-80 and §40-12-2 provisions and ALDOR guidance read in this pass establish:
That is a bounded description of the materials read, not a conclusion that no other Alabama law can impose security or registration requirements for a specialized industry or activity.
The current official Code page identifies Acts 1935 and 2001-454 in the history. The signed Act 2001-454 and its exact effective clause were not successfully retrieved. Therefore, this pass verifies the currently published operative text but not the precise original effective date of every component of the current wording. Alabama Legislature
This is a materially different license administered by the Alabama State Banking Department, Bureau of Loans.
The official current §5-19-1 search result defines:
The official current administrative rule says a license must be obtained for each proposed location before making consumer loans or taking assignments of consumer-credit contracts, unless exempt. It also requires at least $25,000 in tangible net worth or capital and provides that an institutional parent’s exemption does not automatically extend to its consumer-finance subsidiary. Alabama Administrative Code
The 2025 unofficial reproduction of §5-19-22 states that a qualifying creditor needs a license for:
It lists institutional exemptions, a seller’s own-credit-sale exception, per-location licensing, investigation and fitness review, and the $25,000 asset requirement. Because the official 2026 section was not retrievable in readable form, that reproduced statutory text remains currentness-qualified, although core portions are corroborated by the official current rule and Banking Department procedure. Justia Law+1
An assignee is not automatically an ACCA “creditor.” In Farmer v. Hypo Holdings, the Alabama Supreme Court held that the assignee was not shown to be a statutory creditor because the evidence did not establish that it regularly extended or arranged credit. The case also applied an older location version of §5-19-22, so its historical no-Alabama-office reasoning cannot simply be carried forward against materially different current reproduced text. Justia Law+1
A servicing transfer may or may not amount to “taking an assignment of a consumer-credit contract.” This pass found no controlling Alabama authority establishing that every servicing-rights transfer is an ACCA assignment. The actual contract, ownership of the receivable, transfer of enforcement rights, Alabama office or employee nexus, and the entity’s statutory creditor status remain necessary.
Official Rule 155-2-1-.08 says all original applications, renewals, amendments, and annual reports required by the Bureau of Loans must be submitted through NMLS. Its rule-history text says it was published May 29, 2026 and became effective September 1, 2026. The Banking Department likewise says it began using NMLS for all license types on September 1 and requires all existing licenses to transition between September 1 and December 31, 2026. Alabama Administrative Code+1
Two procedure qualifications remain:
An Alabama attorney engaged in private practice must hold the Bar occupational license. “Special membership” preserves good standing but does not permit private practice. This is professional authority, not collection-agency approval and not an FDCPA exemption. Alabama State Bar
A foreign corporation may separately need an Alabama certificate of authority before “transacting business.” The Secretary of State’s entity record is proof of corporate filing status, not proof of a collection, consumer-credit, or law-practice license. The exact transacting-business exceptions and consequences for a purely remote collector were not investigated here. Alabama Secretary of State+1
ALDOR states that it does not administer municipal licenses and directs businesses to each city where they conduct business. No statewide conclusion can therefore replace local review. Alabama Department of Revenue
The principal federal definition covers either:
The statute separately includes a creditor using a false third-party name, creates limited security-interest coverage, and lists specific exclusions. U.S. Code+1
These are distinct steps:
An ordinary originator collecting its own account generally does not satisfy the “owed another” prong. But no universal original-creditor immunity should be stated:
The Supreme Court examined a purchaser of defaulted automobile loans collecting for itself. It held that such own-account collection did not satisfy the “owed another” prong merely because the debts had previously been owed to someone else. The Court expressly did not decide the principal-purpose prong or an unpresented third-party-collection theory. Supreme Court+2
The Eleventh Circuit rejected the proposition that default status alone determines whether an acquirer is a debt collector. The statutory exclusions do not replace the affirmative definition. It concluded that a person must regularly collect for others to satisfy the “owed another” prong; its analysis also recognized that the principal-purpose phrase “any debts” is not limited to debts owed another. 11th Circuit Court+2
Therefore:
The pre-default exclusion applies to collection of debt owed another only “to the extent” the debt was not in default when obtained. A post-default acquisition removes that particular exclusion but does not, by itself, establish principal purpose or regular collection for another. U.S. Code+1
In the Eleventh Circuit’s published February 4, 2025 Glover/Booze v. Ocwen opinion, Ocwen purchased servicing rights to defaulted mortgages and regularly collected monthly payments owed to the lenders. Those combined facts made Ocwen a debt collector. The court did not announce that every post-default servicer is necessarily covered. 11th Circuit Court+1
In Heintz v. Jenkins, the Supreme Court held that the FDCPA applies to a lawyer who regularly attempts to collect consumer debts through litigation. Supreme Court
The Eleventh Circuit’s Miljkovic decision likewise held that the statute reaches debt-collector attorneys’ representations in court filings and conduct directed to a consumer’s lawyer; it rejected categorical exceptions for those audiences or procedural forms, although it affirmed dismissal on the merits of the pleaded claim. 11th Circuit Court+1
Obduskey holds that a business doing no more than the state-law-required nonjudicial-foreclosure process falls outside the primary federal definition, except for the limited purpose of §1692f(6). The Court expressly cabined its ruling and said security-interest enforcement is not blanket immunity for unrelated or additional collection conduct. Supreme Court
In Reese, the Eleventh Circuit held that a law-firm communication could both give foreclosure notice and demand payment. A secured debt remains a debt, and a payment demand does not lose its collection character merely because the communication also concerns security enforcement. 11th Circuit Court+1
In Harris v. Liberty Community Management, the Eleventh Circuit applied the fiduciary exclusion because collecting overdue assessments was secondary to broad management duties. The court treated collection as non-incidental when it is central to or the primary purpose of the fiduciary relationship. 11th Circuit Court+1
| Regime | Actual current application or instruction path | Actual public lookup | What the result proves—and does not prove |
|---|---|---|---|
| §40-12-80 privilege license | ALDOR instructs businesses to obtain state/county privilege licenses from the county probate judge or license commissioner where the business is located. | No centralized statewide “authorized collection agency” registry was identified. A later entity check must use the particular county’s licensing records. | A county privilege license shows payment for the named activity/location. It does not establish federal coverage, Banking Department authority, corporate qualification, lawful litigation, or approval of methods. |
| Consumer Credit Act | Current rule and Banking Department page direct original applications and transitions through NMLS. | Alabama BOL Licensee Search and NMLS Consumer Access are publicly available. | A matching current license can establish the named entity, license type, and reported status. It does not necessarily prove that every subsidiary, assumed name, branch, assignment, or collection act is covered. |
| Attorney | Alabama State Bar occupational-license process. | Alabama State Bar Member Search. | The relevant occupational status can establish authority to practice privately. Self-reported practice-area information and limited displayed discipline history are not complete debt-collection clearance. |
| Corporate qualification | Alabama Secretary of State foreign-entity filing process. | Secretary of State Government Records Inquiry System. | Entity existence or qualification only; it is not occupational collection authority. |
| Municipal license | City-specific. ALDOR expressly does not administer municipal licenses. | Depends on the municipality. | No all-city conclusion is possible from the statewide privilege license. |
| Tribal jurisdiction | Not investigated in this pass. | Nation-specific. | No tribal-law or reservation-jurisdiction conclusion is made. |
The Bureau of Loans says it administers and enforces the Alabama Consumer Credit Act and offers a licensee search. Its separate verification page directs consumers to NMLS Consumer Access to confirm authorization. No guessed or unnamed provider was searched. Alabama State Banking Department+2
Facts: A lender originated a personal-purpose consumer loan and now uses its own employees and own name to collect it.
Federal result: The “owed another” prong ordinarily is not satisfied. Check whether the lender’s principal business purpose is collection and whether it uses a name suggesting an independent collector.
Alabama §40-12-80: Collection of only its own receivable does not, without more, satisfy the express deemed-agency trigger of employing agents to solicit others’ claims for collection. No controlling Alabama case located here establishes the complete boundary.
ACCA: The lender’s authority turns primarily on making the consumer loan and its institutional status, not on the later collection label.
Next check: Exact lender entity, origination role, statutory institutional exemption, license status, employee identity, and name used.
Claims: C010, C014–C017, C028–C031.
Facts: An agency at an Alabama place of business solicits creditor accounts and regularly collects personal-purpose debts owed those creditors.
§40-12-80 calculation in a city of at least 20,000:
Federal result: Strong coverage under the “regularly collects debts owed another” prong, subject to any actual exclusion.
Limitation: The $151 privilege license is not a substantive state approval of the agency’s collection conduct.
Next check: County-issued record, exact office and assumed name, corporate qualification, actual exclusion, and any specialized sector license.
Claims: C001–C009, C024–C030.
Facts: An out-of-state agency has no office, employee, contractor, retained lawyer, or other representative in Alabama. It solicits creditor accounts remotely and communicates with Alabama consumers.
§40-12-80: ALDOR’s October 2022 handbook says mail/telephone solicitation without an Alabama agent does not require the license. It does not expressly address every internet or automated arrangement.
Federal result: Remote or online operation does not create an FDCPA exemption. The consumer-purpose and debt-collector tests still apply.
Unresolved branches: A remote worker, independent contractor, Alabama law firm, affiliate, or local agency may change the state result.
Next check: Personnel locations, contracts, authority to act, online workflow, Alabama corporate nexus, and applicable municipality.
Claims: C004–C006, C035, C038.
Facts: A company buys legal title to a defaulted personal credit-card account and collects for its own account.
Federal result:
ACCA: Ownership or assignment alone does not prove that the buyer is a statutory creditor. Check whether it regularly extends or arranges credit and whether the assignment occurred through the specified Alabama location or employee nexus.
§40-12-80: Whether buying rather than soliciting placement of the account meets the Alabama trigger remains unresolved.
Next check: Purchase agreement, assignment chain, business-purpose evidence, Alabama employees/offices, portfolio purpose, and actual licensing record.
Claims: C012, C014–C17, C021–C24, C032–C033.
Facts A: A servicer obtains a consumer account before default and collects payments for the lender.
Facts B: A servicer obtains servicing rights after default and regularly collects payments owed the lender.
Alabama: In either situation, establish whether the transfer was merely servicing or a legal assignment, whether the entity is an ACCA creditor, and whether it has an Alabama §40-12-80 place or agent.
Next check: Servicing-transfer agreement, ownership, default date, payment recipient, portfolio regularity, and Alabama nexus.
Claims: C019, C023, C030, C034.
Facts: An Alabama lawyer regularly files collection suits and demands payment of personal-purpose debts for creditor clients.
Professional authority: The lawyer must have active occupational authority to practice privately.
Federal result: Litigation does not create an attorney exemption. The regular debt-collection work can satisfy the federal definition.
Alabama §40-12-80: The ALDOR handbook says retaining that lawyer can create an Alabama agent nexus for an out-of-state agency. The handbook does not decide whether the law firm itself must obtain §40-12-80.
Foreclosure branch: Pure state-required nonjudicial-foreclosure steps may fall within Obduskey’s narrow rule. A separate demand for payment can invoke Reese.
Next check: Bar status, client identity, regularity, debt purpose, precise demand, foreclosure procedure, and county-license position.
Claims: C005, C025–C027, C035–C036.
Facts: An agency collects unpaid invoices arising solely from business-purpose transactions between companies.
Federal result: No FDCPA or Regulation F “debt” because the underlying transactions are not personal, family, or household.
ACCA: No consumer-credit transaction on those facts.
Section 40-12-80: Held. The statute’s affirmative trigger expressly mentions firms and corporations, while the federal cross-reference and ALDOR’s FDCPA-based interpretation create uncertainty about whether commercial-only activity is covered.
Next check: A controlling Alabama decision, formal ALDOR interpretation, applicable rule or tax adjudication, and the actual local-license ordinance. No private request for an agency opinion was made.
Claims: C013–C014, C024, C037.
Access notation: R = specified text actually read. P = relevant passage read but source is unofficial or procedural rather than controlling. F = route attempted but required text or result was unavailable.
| Source ID | Title, issuer, and direct literal URL | Exact passage, version, and effective status | Actual access, jurisdiction, and limitations |
|---|---|---|---|
| S_AL-P3-S001 | Ala. Code §40-12-80, Alabama Legislature: https://alison.legislature.state.al.us/code-of-alabama?section=40-12-80&title=40 | Entire section; $100/$25 amounts, solicitation-of-claims trigger, FDCPA-exclusion clause; history through Act 2001-454. | R, official current Code search-rendered text, accessed Oct. 24, 2026. Direct page rendered only a navigation shell, but official search result exposed the section. Exact Act 2001-454 effective clause unread. Alabama Legislature+1 |
| S_AL-P3-S002 | Ala. Code §40-12-2, Alabama Legislature: https://alison.legislature.state.al.us/code-of-alabama?section=40-12-2 | Subsections (a)–(e): advance procurement, license contents, nontransferability, per-place state/county license, $1 fee, county 50% levy. | R, official current Code search-rendered text. Direct page itself rendered a shell. Alabama Legislature+1 |
| S_AL-P3-S003 | “Business Privilege License,” Alabama Department of Revenue: https://www.revenue.alabama.gov/business-license/business-privilege-tax/ | Lines 139–155: Title 40 Chapter 12 scope, county issuance, every county unless otherwise provided, municipal-license distinction, current handbook link. | R, official current operational page. Webpage update is not a statutory effective date. Alabama Department of Revenue |
| S_AL-P3-S004 | Handbook of Privilege and Store Licenses, ALDOR: https://www.revenue.alabama.gov/wp-content/uploads/2022/03/201008_HandbookPrivStoreLicences_revOct20.pdf | October 2022; p. 3 methodology; p. 42 §40-12-80 totals and interpretations concerning places, agents, remote letter/phone activity, attorneys, and repossession. | R, official agency handbook currently linked Oct. 24, 2026. Operational “Interpretations,” not independently identified formal rules or court holdings. Alabama Department of Revenue+3 |
| S_AL-P3-S005 | Ala. Code §5-19-1, Alabama Legislature: https://alison.legislature.state.al.us/code-of-alabama?section=5-19-1 | Definitions (2) consumer and (3) creditor; current official search-rendered text. | R, official current Code result. Direct rendered page exposed only navigation in the opened route. Alabama Legislature+1 |
| S_AL-P3-S006 | Ala. Code §5-19-22, reproduced by Justia: https://law.justia.com/codes/alabama/title-5/chapter-19/section-5-19-22/ | 2025 reproduction, subsections (a)–(i): covered lending/assignment activities, exemptions, locations, application, investigation, assets, license form and fees. | P, unofficial 2025 reproduction. Exact official 2026 section not successfully retrieved; no silent 2026 currentness promotion. Justia Law |
| S_AL-P3-S007 | Alabama Consumer Credit rules, Alabama Legislative Services Agency: https://admincode.legislature.state.al.us/administrative-code/155-2-2-.01; https://admincode.legislature.state.al.us/administrative-code/155-2-2-.07; https://admincode.legislature.state.al.us/administrative-code/155-2-1-.08 | Rule .01(1), (3)–(6): location license, institutional-subsidiary boundary, application and $25,000 capital; effective Oct. 1, 1997, amended Jan. 1, 2020. Rule .07: licensee collection conduct, amended Aug. 1, 2002. Rule .08(1): NMLS filing; rule history says effective Sept. 1, 2026. | R, official current administrative-code search text. JavaScript page itself did not expose text when opened. Rule .08 publication-history card separately says July 13, 2026; discrepancy held. Alabama Administrative Code+2 |
| S_AL-P3-S008 | Alabama State Banking Department operational packet: https://banking.alabama.gov/bol/; https://banking.alabama.gov/bol/bol-forms-and-apps/; https://banking.alabama.gov/bol/bol-regulations/; https://banking.alabama.gov/verify-service-providers/; https://apps.banking.alabama.gov/LicenseesBOL.aspx | Bureau jurisdiction and examination; Sept. 1–Dec. 31, 2026 NMLS transition; current regulation list; NMLS verification; BOL search fields. | R, official current operational materials. Does not prove any named entity’s status. Alabama State Banking Department+4 |
| S_AL-P3-S009 | Legacy ACCA original-application page, Alabama State Banking Department: https://banking.alabama.gov/bol/bol-forms-and-apps/bol_acca_apps/acca-original/ | Page says print and mail an original application for each Alabama office. | R, official page but current applicability uncertain. Conflicts with current NMLS rule and transition page; not treated as governing without reconciliation. Alabama State Banking Department |
| S_AL-P3-S010 | Farmer v. Hypo Holdings, Inc., Alabama Supreme Court: https://law.justia.com/cases/alabama/supreme-court/1996/1940610-1.html | Substituted Feb. 9, 1996 opinion; licensing analysis around 675 So. 2d 387, 390–391. | R, Alabama controlling opinion reproduced unofficially. Applied earlier statute wording; later statutory changes must be considered. Justia Law+1 |
| S_AL-P3-S011 | Alabama State Bar licensing and member search: https://www.alabar.org/members/attorney-licensing/; https://members.alabar.org/Member_Portal/Member_Portal/Member-Search.aspx | Licensing page lines 58–82: occupational license versus special membership; public member-search interface. | R, official current operational material. No named attorney searched. Alabama State Bar+1 |
| S_AL-P3-S012 | Alabama Secretary of State foreign corporations and entity records: https://www.sos.alabama.gov/business-entities/foreign-corporations; https://www.sos.alabama.gov/government-records/business-entity-records | Certificate-of-authority instruction and public entity-search options. | R, official operational material. Corporate status is not collection authority; transacting-business exceptions not investigated. Alabama Secretary of State+1 |
| S_AL-P3-S013 | State ex rel. Porter v. Alabama Association of Credit Executives: https://law.justia.com/cases/alabama/supreme-court/1976/338-so-2d-812-1.html | 338 So. 2d 812, 813–816; creditor-side facts and peaceful undisputed-collection boundary. | R. Alabama Supreme Court opinion reproduced unofficially; UPL decision, not privilege-license adjudication. Justia Law |
| S_AL-P3-S014 | 15 U.S.C. §1692a, Office of Law Revision Counsel: https://uscode.house.gov/us/usc/119-124/t15/s1692a/ | Definitions (2)–(6), especially debt, creditor, two principal debt-collector prongs, false-name rule, security-interest clause, and exclusions (A)–(F). | R, official U.S. Code compilation. States laws in effect through Pub. L. 119-124, Oct. 15, 2026. U.S. Code+2 |
| S_AL-P3-S015 | Regulation F, 12 C.F.R. §1006.2, eCFR: https://www.ecfr.gov/current/title-12/chapter-X/part-1006/subpart-A/section-1006.2 | Subsections (d)–(i), especially debt, creditor, debt collector and exclusions. | R. eCFR authoritative but unofficial; displayed current through Oct. 22, 2026; Title 12 last amended Oct. 2, 2026. eCFR+2 |
| S_AL-P3-S016 | Henson v. Santander Consumer USA Inc., U.S. Supreme Court: https://www.supremecourt.gov/opinions/16pdf/16-349_c07d.pdf | 582 U.S. 79; slip pp. 2–4; June 12, 2017; own-account purchaser and expressly unanswered principal-purpose theory. | R, official Supreme Court opinion. The holding addresses the “owed another” prong. Supreme Court+2 |
| S_AL-P3-S017 | Davidson v. Capital One Bank (USA), N.A., Eleventh Circuit: https://media.ca11.uscourts.gov/opinions/pub/files/201414200.pdf | 797 F.3d 1309; filed Aug. 21, 2015; pp. 8–16, especially default-status and affirmative-definition analysis. | R, official published Eleventh Circuit opinion. Principal-purpose allegations were not adequately presented in that complaint. 11th Circuit Court+2 |
| S_AL-P3-S018 | Glover/Booze v. Ocwen Loan Servicing, LLC, Eleventh Circuit: https://media.ca11.uscourts.gov/opinions/pub/files/202312578.pdf | Nos. 23-12578/23-12579; published Feb. 4, 2025; pp. 7–9, particularly post-default servicing facts. | R, official published Eleventh Circuit opinion. Complete rehearing/certiorari history not certified. 11th Circuit Court+2 |
| S_AL-P3-S019 | Heintz v. Jenkins, U.S. Supreme Court bound volume: https://www.supremecourt.gov/opinions/boundvolumes/514bv.pdf | 514 U.S. 291, 292–299; lawyer regularly collecting consumer debt through litigation. | R, official U.S. Reports volume. Supreme Court |
| S_AL-P3-S020 | Miljkovic v. Shafritz & Dinkin, P.A., Eleventh Circuit: https://media.ca11.uscourts.gov/opinions/pub/files/201413715.pdf | 791 F.3d 1291; filed June 30, 2015; pp. 7–10 and disposition. | R, official published Eleventh Circuit opinion. Court found federal coverage but affirmed dismissal on claim merits. 11th Circuit Court+1 |
| S_AL-P3-S021 | Obduskey v. McCarthy & Holthus LLP, U.S. Supreme Court: https://www.supremecourt.gov/opinions/boundvolumes/586bv.pdf | 586 U.S. 466, 468–481; decided Mar. 20, 2019. | R, official U.S. Reports volume. Narrow no-more-than-nonjudicial-foreclosure holding. Supreme Court |
| S_AL-P3-S022 | Reese v. Ellis, Painter, Ratterree & Adams, LLP, Eleventh Circuit: https://media.ca11.uscourts.gov/opinions/pub/files/201014366.pdf | 678 F.3d 1211; filed May 1, 2012; pp. 8–11, payment demand plus foreclosure. | R, official published Eleventh Circuit opinion. Georgia foreclosure facts; federal dual-purpose principle. 11th Circuit Court+1 |
| S_AL-P3-S023 | Harris v. Liberty Community Management, Inc., Eleventh Circuit: https://media.ca11.uscourts.gov/opinions/pub/files/201114362.pdf | 702 F.3d 1298; filed Dec. 19, 2012; pp. 7–9, incidental fiduciary exclusion. | R, official published Eleventh Circuit opinion. HOA-management facts. 11th Circuit Court+1 |
| S_AL-P3-S024 | Act 2001-454 official record attempt: https://arc-sos.state.al.us/cgi/actdetail.mbr/detail?act=454&page=act&year=2001 | Signed act and effective clause requested. | F. Usable act image/text not retrieved. Next action: obtain the official signed image and read amendment/effective clause. |
| S_AL-P3-S025 | Act 96-576 official record attempt: https://arc-sos.state.al.us/cgi/actdetail.mbr/detail?act=576&page=act&year=1996 | Amendments to §5-19-22 requested. | F. Usable signed act was not retrieved. Current statutory comparison therefore remains qualified. |
| S_AL-P3-S026 | NMLS Checklist Compiler: https://mortgage.nationwidelicensingsystem.org/knowledge/Products/nmls/stateresourcecenter/SitePages/Checklist-Compiler.aspx | Current Alabama State Banking Department non-mortgage consumer-credit checklist requested. | F. No readable Alabama checklist returned. Agency transition instructions and current rule were used instead; exact NMLS document package remains held. |
| Claim ID | Precise assertion | Source IDs and pinpoints | Conditions, exceptions, currentness, and confidence |
|---|---|---|---|
| S_AL-P3-C001 | Section 40-12-80 imposes a $100 or $25 state collection-agency license tax based on city/town population. | S001, entire section. | High, current official search-rendered Code. Signed 2001 act effective clause held. |
| S_AL-P3-C002 | Its express deemed-agency trigger is employing agents to solicit claims for collection from persons, firms, or corporations in Alabama. | S001. | High text support. Application to ownership-only purchasing or servicing remains unresolved. |
| S_AL-P3-C003 | Section 40-12-80 does not apply to a person excluded from the FDCPA debt-collector definition. | S001 final sentence. | High text support. Difference between failing an affirmative federal prong and falling within a listed exclusion remains material. |
| S_AL-P3-C004 | Section 40-12-80 is a Title 40 occupational privilege license, not a Banking Department supervisory collection charter. | S001–S004. | High structural conclusion. It remains legally required when applicable. |
| S_AL-P3-C005 | Section 40-12-2 ordinarily requires state and county licenses for each place, county levy of 50% of the state amount, and a $1 issuance charge. | S002(a)–(e); S004 p. 42. | High. Subject to any section-specific exception. |
| S_AL-P3-C006 | Combined §40-12-80 totals are $151 and $38.50 per place in the two population tiers. | S001; S002(b), (e); S004 p. 42. | High arithmetic: $100+$50+$1 and $25+$12.50+$1. |
| S_AL-P3-C007 | ALDOR interprets remote letter/telephone account solicitation with no Alabama agent as outside §40-12-80. | S004 p. 42. | Moderate, agency operational interpretation; no controlling judicial decision located. Online-only status not expressly addressed. |
| S_AL-P3-C008 | ALDOR treats an Alabama employee, retained Alabama attorney, local agency, or other Alabama representative as a possible agent of an out-of-state agency. | S004 p. 42. | Moderate, operational interpretation; actual agency relationship required. |
| S_AL-P3-C009 | The §40-12-80 materials read impose a per-place rather than per-agent charge and contain no bond, individual-agent registration, or financial-fitness review. | S001–S004. | Bounded high for those materials only; no statewide negative beyond the searched general regime. |
| S_AL-P3-C010 | A distinct general supervisory collection-agency charter was not located in the official statewide materials searched. | S001–S009 and bounded code/rule searches. | Bounded research finding, not an unqualified absence-of-regulation conclusion. |
| S_AL-P3-C011 | An original creditor collecting only its own claim does not, without more, fit §40-12-80’s express third-party claim-solicitation trigger. | S001; S004. | Reasoned application. No controlling Alabama decision found establishing the complete scope of “collection agency.” |
| S_AL-P3-C012 | Section 40-12-80’s application to an outright debt purchaser collecting owned claims remains unresolved. | S001; S004; S016–S017 for the distinct federal issue. | Held. Purchase is not necessarily solicitation of claims for collection. |
| S_AL-P3-C013 | Commercial-only federal collection is outside the FDCPA debt definition, but commercial-only §40-12-80 coverage remains unresolved. | S001; S004; S014 §1692a(5). | High federal / held state. State wording mentions firms and corporations. |
| S_AL-P3-C014 | ACCA “consumer” status depends on a natural person and primarily personal, family, or household purpose; “creditor” requires regular credit extension or arrangement. | S005 definitions (2)–(3). | High, official current text. |
| S_AL-P3-C015 | Official Rule 155-2-2-.01 requires a license for each proposed location before making consumer loans or taking assignments of consumer-credit contracts, unless exempt. | S007 Rule .01(1). | High, official current rule. |
| S_AL-P3-C016 | Institutional exemptions do not automatically extend to a consumer-finance subsidiary. | S007 Rule .01(3). | High. Actual entity structure and activity required. |
| S_AL-P3-C017 | ACCA licensing includes application review and at least $25,000 tangible net worth/capital under the current rule. | S007 Rule .01(4)–(6). | High. Mortgage-specific bond alternative appears in S006 but exact 2026 official statute remains held. |
| S_AL-P3-C018 | ACCA licensees’ collection practices must comply with applicable law, but that rule does not create a collection license for nonlicensees. | S007 Rule .07 introductory text. | High and limited. Detailed communication restrictions are outside this pass. |
| S_AL-P3-C019 | Current rule and agency instructions direct Bureau of Loans applications and transitions through NMLS beginning September 1, 2026. | S007 Rule .08; S008 forms page. | High with metadata qualification. Publication card’s July 13 entry and legacy mail page remain unreconciled. |
| S_AL-P3-C020 | The BOL and NMLS Consumer Access offer public financial-license verification; neither was used to guess or search a provider. | S008. | High operational fact. Entity-specific check remains later work. |
| S_AL-P3-C021 | Under Farmer, assignee status alone did not make an entity a statutory ACCA creditor absent evidence it regularly extended or arranged credit. | S010 at 390–391. | High as to that holding. Applied prior statutory wording. |
| S_AL-P3-C022 | Farmer’s historical out-of-state-location reasoning cannot be assumed current because the later reproduced statute expressly contains remote-resident-loan and assignment-nexus provisions. | S006(a); S010. | High comparison, qualified by S006’s unofficial 2025 status. |
| S_AL-P3-C023 | A pure servicing transfer is not proven to be an ACCA assignment without reviewing the transferred legal rights. | S005–S007; no directly deciding case located. | Reasoned hold. Contract and ownership evidence required. |
| S_AL-P3-C024 | Whether §40-12-80 and an ACCA license cumulatively apply to the same entity was not resolved by an actual controlling source in this pass. | S001–S008. | Held. Do not presume one substitutes for the other. |
| S_AL-P3-C025 | An Alabama private-practice attorney requires an occupational license; special membership alone does not permit private practice. | S011. | High operational evidence. Named-attorney status not checked. |
| S_AL-P3-C026 | Attorney licensing does not create an FDCPA exemption for regular consumer-debt collection. | S019; S020. | High federal authority. Federal entity/activity requirements still apply. |
| S_AL-P3-C027 | Porter permits peaceful creditor-side collection/friendly adjustment within its undisputed-account facts but is not a collection-license ruling. | S013 at 813–816. | High and narrow. No debtor-side settlement authorization. |
| S_AL-P3-C028 | A federal “debt” must arise from a primarily personal, family, or household transaction. | S014 §1692a(5); S015 §1006.2(h). | High current federal text. Judgment status does not change the definition. |
| S_AL-P3-C029 | Federal debt-collector status has separate principal-purpose and regularly-collects-for-another prongs. | S014 §1692a(6); S015 §1006.2(i). | High. Each must be analyzed independently. |
| S_AL-P3-C030 | Default status affects the pre-default exclusion but does not itself establish affirmative federal coverage. | S014 §1692a(6)(F)(iii); S017 pp. 8–13. | High. Ownership, purpose and regularity remain necessary. |
| S_AL-P3-C031 | Original creditors are commonly outside the owed-another prong, but the false-name and principal-purpose routes prevent a universal creditor exemption. | S014 §1692a(6); S016 pp. 2–4; S018 p. 7 n.5. | High framework. Actual business purpose and name usage matter. |
| S_AL-P3-C032 | Henson excludes own-account debt purchasers from the owed-another prong on the decided facts and leaves principal-purpose coverage open. | S016 pp. 2–4. | High Supreme Court holding and express reservation. |
| S_AL-P3-C033 | Davidson rejects a default-status-only test; “any debts” under principal purpose can include debts owned by the collector. | S017 pp. 8–16; S018 p. 7 n.5. | High Eleventh Circuit framework. Davidson complaint did not adequately allege principal purpose. |
| S_AL-P3-C034 | Glover/Booze classifies a servicer as a debt collector where it acquired rights after default and regularly collected payments owed lenders. | S018 pp. 7–9. | High on facts. Not a categorical rule for every post-default servicer. |
| S_AL-P3-C035 | Lawyers regularly collecting consumer debts can be covered even through litigation and court filings. | S019 at 292–299; S020 pp. 7–10. | High. The underlying obligation and regularity must still qualify. |
| S_AL-P3-C036 | Pure state-required nonjudicial foreclosure receives Obduskey’s narrow treatment, while a separate payment demand can create dual-purpose collection under Reese. | S021 at 468–481; S022 pp. 8–11. | High federal distinction. Alabama foreclosure procedure itself is outside this pass. |
| S_AL-P3-C037 | The fiduciary exclusion applies only where collection is incidental rather than central to the fiduciary work. | S023 pp. 7–9. | High Eleventh Circuit interpretation. Actual fiduciary duties required. |
| S_AL-P3-C038 | Remote or online communication does not create an FDCPA or Regulation F location exemption. | S014 §1692a(2), (6); S015 §1006.2(d), (i). | High federal text. State nexus remains separate. |
| S_AL-P3-C039 | Selected current Supreme Court and Eleventh Circuit authorities were checked, but complete rehearing, certiorari, and all later-case history was not certified. | S016–S023. | Express research limitation. No located adverse later controlling decision was silently ignored. |
| S_AL-P3-C040 | None of these collection-side licenses or federal classifications authorizes a debtor-side settlement provider or resolves PASS-01/PASS-02 holds. | Scope and S013. | High scope conclusion. Collection for creditors and representation of debtors remain distinct. |
| Component | Status | Claims | Exact missing authority or next action |
|---|---|---|---|
| Current §40-12-80 text and population amounts | Answered | C001–C003 | Retrieve signed Act 2001-454 to establish amendment language and exact effective date. |
| State/county per-place calculation | Answered | C004–C006 | For a real entity, confirm the place’s current census category and county issuance record. |
| Remote letter/telephone agency with no Alabama agent | Answered as agency interpretation | C007–C008 | Locate controlling Alabama adjudication or formal revenue interpretation; separately classify internet-only arrangements. |
| Alabama agent, retained lawyer and local contractor | Answered operationally | C008 | Apply actual agency contracts and authority; do not infer an agent from vendor status alone. |
| General collection-agency bond, financial-fitness or agent registration | Answered only within the general §40-12-80 materials | C009–C010 | Check any activity-specific law once the product, collateral, creditor type and collector role are known. |
| Separate general supervisory collection charter | Bounded negative research result | C010 | Continue official Code, Administrative Code, ALDOR and Banking Department review if a contrary regime is asserted; no commercial chart may replace authority. |
| Original-creditor §40-12-80 treatment | Partial | C011 | Find controlling Alabama interpretation of “collection agency” beyond the statutory deemed trigger. |
| Outright debt-buyer §40-12-80 treatment | Unresolved | C012 | Determine whether ownership-only purchasing and self-collection constitute solicitation of claims for collection under Alabama law. |
| Commercial-only §40-12-80 coverage | Unresolved | C013 | Obtain controlling Alabama decision, formal rule, tax adjudication or written interpretation reconciling the firms/corporations wording with the federal cross-reference. |
| ACCA consumer and creditor definitions | Answered | C014 | Apply actual transaction purpose and annual credit-extension volume. |
| ACCA assignment-license trigger | Answered conditionally | C015–C017 | Retrieve the official current §5-19-22 text and signed amendment chain; inspect actual assignment and Alabama nexus. |
| Consumer-finance subsidiary exemption | Answered | C016 | Identify exact parent/subsidiary legal entities and license types. |
| ACCA security and location requirements | Answered from current rule; statute qualified | C015–C017 | Read official current §5-19-22 and current NMLS checklist. |
| Current NMLS procedure | Partial | C019–C020 | Resolve July 13 versus September 1 metadata and stale print/mail page; retrieve readable Alabama checklist. |
| Public general collector lookup | Unresolved / no central registry identified | C008–C010 | For an actual entity, obtain county §40-12-80 record; do not substitute BOL or SOS search for county privilege licensing. |
| Public ACCA lookup | Answered procedurally | C020 | Later named-entity check must use exact legal name, license type, branch and status. |
| Attorney authority lookup | Answered procedurally | C025–C026 | Later check exact lawyer/law-firm identity, occupational status and disciplinary materials. |
| Corporate qualification | Answered as separate process | C021–C022 | Apply exact entity form and transacting-business facts. |
| Federal consumer-purpose boundary | Answered | C028 | Commercial and mixed-purpose fact development remains necessary. |
| Original creditor federal status | Answered conditionally | C029–C031 | Determine principal purpose, name used and employee/affiliate structure. |
| Debt-buyer federal status | Answered by prong | C030–C033 | Develop evidence of principal purpose and third-party collection activity. |
| Servicer before/after default | Answered conditionally | C030, C034 | Establish default date, transfer date, ownership and payment recipient. |
| Attorney collection and foreclosure boundary | Answered conditionally | C035–C036 | Alabama foreclosure law, lawsuit procedure and standing remain separate passes. |
| Fiduciary exclusion | Answered conditionally | C037 | Review actual fiduciary agreement and relative importance of collection duties. |
| Full subsequent history | Partial | C039 | Complete official docket, rehearing and Supreme Court-docket checks before claiming exhaustive current history. |
| Municipal collection or business-license law | Partial / material local variation identified | C005, C010 | Examine the actual cities and counties where business is conducted; no all-municipality survey completed. |
| Tribal law and jurisdiction | Excluded with reason | — | Nation-specific authority, location and parties are required; no tribal nation was researched. |
| Communication frequency, contact times and channel restrictions | Excluded with reason | C018 only identifies existence of a licensee rule | Separate conduct pass required; not needed to classify licensing or entity coverage. |
| Validation, disputes and credit reporting | Excluded with reason | — | Separate federal/state procedure pass. |
| Limitations, revival and time-barred debt | Excluded with reason | — | Separate limitations pass. |
| Lawsuits, standing, proof, judgments and garnishment | Excluded with reason | C035 only for attorney status | Separate litigation and evidence pass. |
| Exemptions from execution and garnishment | Excluded with reason | — | Separate debtor-property pass. |
| Secured debt, repossession and foreclosure substance | Excluded except narrow coverage boundary | C006, C036 | Separate sector and collateral pass. |
| Remedies, damages and enforcement | Excluded with reason | — | Separate remedies pass; no private-remedy conclusion from privilege licensing. |
| Contracts, assignment validity and chain of title | Excluded except classification dependency | C012, C021–C023 | Later contract and standing review of actual documents. |
| PASS-01/PASS-02 provider-access, fee, transmission and UPL holds | Preserved and unaccepted | C040 | Those components require their own remaining evidence; no cross-component clearance. |
| Alabama, component, or A066 acceptance | Open | All limitations above | No acceptance by implication. |
END S_AL PASS-03.
Captured cells with original header handling and explicitly labeled bounded correction overlays. Downloaded JSON retains original cells. Tables may contain source limitations, historical examples and identified corrections; the complete reading supplies context.
Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.
Actor or activity · Alabama §40-12-80 privilege-license position · Alabama Consumer Credit Act position · 8 data rows
| Actor or activity | Alabama §40-12-80 privilege-license position | Alabama Consumer Credit Act position | Federal FDCPA / Regulation F position | Material unresolved branch |
|---|---|---|---|---|
| Original creditor collecting only its own receivable in its own name | Collecting only one’s own receivable does not, on that fact alone, satisfy §40-12-80’s express “employ agents to solicit claims for collection” trigger. But no controlling Alabama decision located in this pass establishes that this is the only possible route into “collection agency” status. | The original creditor may need a Banking Department license because it makes consumer loans, not because it later collects them. A seller has a statutory licensing exception for its own consumer-credit sales under the 2025 reproduced text. | Ordinarily outside the “owed another” prong. It may still be covered if collection is the business’s principal purpose, if it uses a false third-party name, or under another applicable statutory theory. | Actual credit-origination activity, entity purpose, name used, and ACCA exemptions. |
| Third-party collection agency collecting for creditors | Strongest ordinary §40-12-80 candidate when it employs agents to solicit claims for collection and has the Alabama location or agent nexus described by ALDOR. | Collection for another does not itself constitute making consumer loans or taking assignments. | Generally covered when its principal purpose is collecting consumer debts or it regularly collects consumer debts owed another, unless a specific exclusion applies. | Alabama place/agent facts, consumer versus commercial portfolio, and actual federal exclusion. |
| Outright purchaser of defaulted consumer debt collecting for itself | Unresolved under §40-12-80 when the purchaser did not solicit creditor accounts “for collection” but instead bought and owns the claims. Federal status alone should not silently replace the state trigger. | Potentially covered only if it is a statutory “creditor” and takes qualifying assignments through the specified Alabama nexus. Ownership or assignee status alone did not make the assignee a “creditor” in Farmer. | Henson holds that own-account collection does not satisfy the “owed another” prong merely because the debts were purchased after default. Principal-purpose coverage was expressly left undecided there; Eleventh Circuit authority recognizes that “any debts” under that prong can include debts owned by the collector. | Principal purpose, whether the purchase is an assignment of a consumer-credit contract, ACCA “creditor” status, and §40-12-80 application. |
| Loan servicer that obtained servicing before default | Depends on §40-12-80’s own trigger and Alabama presence; servicing status is not an express statutory category. | Pure servicing is not necessarily “making” a loan or “taking an assignment.” The servicing and ownership documents must be examined. | Section 1692a(6)(F)(iii) can exclude collection of a debt obtained before default, but only to the extent all elements of the exclusion apply. | What was “obtained,” when, from whom, and whether the servicer owns, was assigned, or merely administers the account. |
| Loan servicer obtaining rights after default | Same state-law fact inquiry; post-default timing does not itself create a §40-12-80 license. | Same ACCA distinction between servicing and taking assignments. | No automatic inclusion from default alone, but the pre-default exclusion is unavailable. In Glover/Booze, Ocwen acquired servicing rights after default and regularly collected payments owed lenders, making it a debt collector on those facts. | Regularity, whom payment is owed to, ownership, principal purpose, and the actual servicing transfer. |
| Collection attorney or law firm | ALDOR’s handbook says an Alabama attorney retained by an out-of-state collection agency can be that agency’s Alabama agent for §40-12-80. That does not decide whether the law firm itself separately owes §40-12-80. | A law firm does not become an ACCA licensee merely by litigating or collecting; separate lending or assignment conduct would need analysis. | Attorneys who regularly collect consumer debts can be debt collectors, including through litigation. Pure state-required nonjudicial-foreclosure conduct has a narrow federal boundary, while a payment demand can make a communication dual-purpose collection. | Bar status, regularity, actual activity, client relationship, foreclosure versus payment demand, and §40-12-80’s application to the firm. |
| Remote third-party agency using only mail or telephone and no Alabama agent | ALDOR’s October 2022 interpretation says no §40-12-80 license is needed in that situation. This is agency operational guidance, not a reported controlling judgment. | Remote location is not a universal ACCA safe harbor; covered consumer lending can reach Alabama residents regardless of the lender’s physical location, while the assignment provision has its own nexus language. | Geographic remoteness and online delivery do not create a federal categorical exemption. | Whether “online only” falls within ALDOR’s letter/telephone interpretation, whether an Alabama contractor counts as an agent, and other state nexus law. |
| Commercial-debt-only collector | Unresolved. Section 40-12-80 expressly speaks of claims solicited from “persons, firms, or corporations,” which is not facially consumer-only. But it also incorporates federal debt-collector exclusions, and ALDOR says “collection agency” is defined in accordance with the FDCPA. No controlling Alabama authority was located reconciling these features for a commercial-only collector. | ACCA consumer-credit licensing generally does not cover business-purpose obligations. | A business-purpose obligation is not a federal “debt” because the underlying transaction is not primarily personal, family, or household. | Alabama §40-12-80 interpretation, corporate qualification, and local licensing. |
Regime · Actual current application or instruction path · Actual public lookup · 6 data rows
| Regime | Actual current application or instruction path | Actual public lookup | What the result proves—and does not prove |
|---|---|---|---|
| §40-12-80 privilege license | ALDOR instructs businesses to obtain state/county privilege licenses from the county probate judge or license commissioner where the business is located. | No centralized statewide “authorized collection agency” registry was identified. A later entity check must use the particular county’s licensing records. | A county privilege license shows payment for the named activity/location. It does not establish federal coverage, Banking Department authority, corporate qualification, lawful litigation, or approval of methods. |
| Consumer Credit Act | Current rule and Banking Department page direct original applications and transitions through NMLS. | Alabama BOL Licensee Search and NMLS Consumer Access are publicly available. | A matching current license can establish the named entity, license type, and reported status. It does not necessarily prove that every subsidiary, assumed name, branch, assignment, or collection act is covered. |
| Attorney | Alabama State Bar occupational-license process. | Alabama State Bar Member Search. | The relevant occupational status can establish authority to practice privately. Self-reported practice-area information and limited displayed discipline history are not complete debt-collection clearance. |
| Corporate qualification | Alabama Secretary of State foreign-entity filing process. | Secretary of State Government Records Inquiry System. | Entity existence or qualification only; it is not occupational collection authority. |
| Municipal license | City-specific. ALDOR expressly does not administer municipal licenses. | Depends on the municipality. | No all-city conclusion is possible from the statewide privilege license. |
| Tribal jurisdiction | Not investigated in this pass. | Nation-specific. | No tribal-law or reservation-jurisdiction conclusion is made. |
Source ID · Title, issuer, and direct literal URL · Exact passage, version, and effective status · 26 data rows
| Source ID | Title, issuer, and direct literal URL | Exact passage, version, and effective status | Actual access, jurisdiction, and limitations |
|---|---|---|---|
| S_AL-P3-S001 | Ala. Code §40-12-80, Alabama Legislature: https://alison.legislature.state.al.us/code-of-alabama?section=40-12-80&title=40 | Entire section; $100/$25 amounts, solicitation-of-claims trigger, FDCPA-exclusion clause; history through Act 2001-454. | R, official current Code search-rendered text, accessed Oct. 24, 2026. Direct page rendered only a navigation shell, but official search result exposed the section. Exact Act 2001-454 effective clause unread. Alabama Legislature +1 |
| S_AL-P3-S002 | Ala. Code §40-12-2, Alabama Legislature: https://alison.legislature.state.al.us/code-of-alabama?section=40-12-2 | Subsections (a)–(e): advance procurement, license contents, nontransferability, per-place state/county license, $1 fee, county 50% levy. | R, official current Code search-rendered text. Direct page itself rendered a shell. Alabama Legislature +1 |
| S_AL-P3-S003 | “Business Privilege License,” Alabama Department of Revenue: https://www.revenue.alabama.gov/business-license/business-privilege-tax/ | Lines 139–155: Title 40 Chapter 12 scope, county issuance, every county unless otherwise provided, municipal-license distinction, current handbook link. | R, official current operational page. Webpage update is not a statutory effective date. Alabama Department of Revenue |
| S_AL-P3-S004 | Handbook of Privilege and Store Licenses, ALDOR: https://www.revenue.alabama.gov/wp-content/uploads/2022/03/201008_HandbookPrivStoreLicences_revOct20.pdf | October 2022; p. 3 methodology; p. 42 §40-12-80 totals and interpretations concerning places, agents, remote letter/phone activity, attorneys, and repossession. | R, official agency handbook currently linked Oct. 24, 2026. Operational “Interpretations,” not independently identified formal rules or court holdings. Alabama Department of Revenue +3 |
| S_AL-P3-S005 | Ala. Code §5-19-1, Alabama Legislature: https://alison.legislature.state.al.us/code-of-alabama?section=5-19-1 | Definitions (2) consumer and (3) creditor; current official search-rendered text. | R, official current Code result. Direct rendered page exposed only navigation in the opened route. Alabama Legislature +1 |
| S_AL-P3-S006 | Ala. Code §5-19-22, reproduced by Justia: https://law.justia.com/codes/alabama/title-5/chapter-19/section-5-19-22/ | 2025 reproduction, subsections (a)–(i): covered lending/assignment activities, exemptions, locations, application, investigation, assets, license form and fees. | P, unofficial 2025 reproduction. Exact official 2026 section not successfully retrieved; no silent 2026 currentness promotion. Justia Law |
| S_AL-P3-S007 | Alabama Consumer Credit rules, Alabama Legislative Services Agency: https://admincode.legislature.state.al.us/administrative-code/155-2-2-.01; https://admincode.legislature.state.al.us/administrative-code/155-2-2-.07; https://admincode.legislature.state.al.us/administrative-code/155-2-1-.08 | Rule .01(1), (3)–(6): location license, institutional-subsidiary boundary, application and $25,000 capital; effective Oct. 1, 1997, amended Jan. 1, 2020. Rule .07: licensee collection conduct, amended Aug. 1, 2002. Rule .08(1): NMLS filing; rule history says effective Sept. 1, 2026. | R, official current administrative-code search text. JavaScript page itself did not expose text when opened. Rule .08 publication-history card separately says July 13, 2026; discrepancy held. Alabama Administrative Code +2 |
| S_AL-P3-S008 | Alabama State Banking Department operational packet: https://banking.alabama.gov/bol/; https://banking.alabama.gov/bol/bol-forms-and-apps/; https://banking.alabama.gov/bol/bol-regulations/; https://banking.alabama.gov/verify-service-providers/; https://apps.banking.alabama.gov/LicenseesBOL.aspx | Bureau jurisdiction and examination; Sept. 1–Dec. 31, 2026 NMLS transition; current regulation list; NMLS verification; BOL search fields. | R, official current operational materials. Does not prove any named entity’s status. Alabama State Banking Department +4 |
| S_AL-P3-S009 | Legacy ACCA original-application page, Alabama State Banking Department: https://banking.alabama.gov/bol/bol-forms-and-apps/bol_acca_apps/acca-original/ | Page says print and mail an original application for each Alabama office. | R, official page but current applicability uncertain. Conflicts with current NMLS rule and transition page; not treated as governing without reconciliation. Alabama State Banking Department |
| S_AL-P3-S010 | Farmer v. Hypo Holdings, Inc., Alabama Supreme Court: https://law.justia.com/cases/alabama/supreme-court/1996/1940610-1.html | Substituted Feb. 9, 1996 opinion; licensing analysis around 675 So. 2d 387, 390–391. | R, Alabama controlling opinion reproduced unofficially. Applied earlier statute wording; later statutory changes must be considered. Justia Law +1 |
| S_AL-P3-S011 | Alabama State Bar licensing and member search: https://www.alabar.org/members/attorney-licensing/; https://members.alabar.org/Member_Portal/Member_Portal/Member-Search.aspx | Licensing page lines 58–82: occupational license versus special membership; public member-search interface. | R, official current operational material. No named attorney searched. Alabama State Bar +1 |
| S_AL-P3-S012 | Alabama Secretary of State foreign corporations and entity records: https://www.sos.alabama.gov/business-entities/foreign-corporations; https://www.sos.alabama.gov/government-records/business-entity-records | Certificate-of-authority instruction and public entity-search options. | R, official operational material. Corporate status is not collection authority; transacting-business exceptions not investigated. Alabama Secretary of State +1 |
| S_AL-P3-S013 | State ex rel. Porter v. Alabama Association of Credit Executives: https://law.justia.com/cases/alabama/supreme-court/1976/338-so-2d-812-1.html | 338 So. 2d 812, 813–816; creditor-side facts and peaceful undisputed-collection boundary. | R. Alabama Supreme Court opinion reproduced unofficially; UPL decision, not privilege-license adjudication. Justia Law |
| S_AL-P3-S014 | 15 U.S.C. §1692a, Office of Law Revision Counsel: https://uscode.house.gov/us/usc/119-124/t15/s1692a/ | Definitions (2)–(6), especially debt, creditor, two principal debt-collector prongs, false-name rule, security-interest clause, and exclusions (A)–(F). | R, official U.S. Code compilation. States laws in effect through Pub. L. 119-124, Oct. 15, 2026. U.S. Code +2 |
| S_AL-P3-S015 | Regulation F, 12 C.F.R. §1006.2, eCFR: https://www.ecfr.gov/current/title-12/chapter-X/part-1006/subpart-A/section-1006.2 | Subsections (d)–(i), especially debt, creditor, debt collector and exclusions. | R. eCFR authoritative but unofficial; displayed current through Oct. 22, 2026; Title 12 last amended Oct. 2, 2026. eCFR +2 |
| S_AL-P3-S016 | Henson v. Santander Consumer USA Inc., U.S. Supreme Court: https://www.supremecourt.gov/opinions/16pdf/16-349_c07d.pdf | 582 U.S. 79; slip pp. 2–4; June 12, 2017; own-account purchaser and expressly unanswered principal-purpose theory. | R, official Supreme Court opinion. The holding addresses the “owed another” prong. Supreme Court +2 |
| S_AL-P3-S017 | Davidson v. Capital One Bank (USA), N.A., Eleventh Circuit: https://media.ca11.uscourts.gov/opinions/pub/files/201414200.pdf | 797 F.3d 1309; filed Aug. 21, 2015; pp. 8–16, especially default-status and affirmative-definition analysis. | R, official published Eleventh Circuit opinion. Principal-purpose allegations were not adequately presented in that complaint. 11th Circuit Court +2 |
| S_AL-P3-S018 | Glover/Booze v. Ocwen Loan Servicing, LLC, Eleventh Circuit: https://media.ca11.uscourts.gov/opinions/pub/files/202312578.pdf | Nos. 23-12578/23-12579; published Feb. 4, 2025; pp. 7–9, particularly post-default servicing facts. | R, official published Eleventh Circuit opinion. Complete rehearing/certiorari history not certified. 11th Circuit Court +2 |
| S_AL-P3-S019 | Heintz v. Jenkins, U.S. Supreme Court bound volume: https://www.supremecourt.gov/opinions/boundvolumes/514bv.pdf | 514 U.S. 291, 292–299; lawyer regularly collecting consumer debt through litigation. | R, official U.S. Reports volume. Supreme Court |
| S_AL-P3-S020 | Miljkovic v. Shafritz & Dinkin, P.A., Eleventh Circuit: https://media.ca11.uscourts.gov/opinions/pub/files/201413715.pdf | 791 F.3d 1291; filed June 30, 2015; pp. 7–10 and disposition. | R, official published Eleventh Circuit opinion. Court found federal coverage but affirmed dismissal on claim merits. 11th Circuit Court +1 |
| S_AL-P3-S021 | Obduskey v. McCarthy & Holthus LLP, U.S. Supreme Court: https://www.supremecourt.gov/opinions/boundvolumes/586bv.pdf | 586 U.S. 466, 468–481; decided Mar. 20, 2019. | R, official U.S. Reports volume. Narrow no-more-than-nonjudicial-foreclosure holding. Supreme Court |
| S_AL-P3-S022 | Reese v. Ellis, Painter, Ratterree & Adams, LLP, Eleventh Circuit: https://media.ca11.uscourts.gov/opinions/pub/files/201014366.pdf | 678 F.3d 1211; filed May 1, 2012; pp. 8–11, payment demand plus foreclosure. | R, official published Eleventh Circuit opinion. Georgia foreclosure facts; federal dual-purpose principle. 11th Circuit Court +1 |
| S_AL-P3-S023 | Harris v. Liberty Community Management, Inc., Eleventh Circuit: https://media.ca11.uscourts.gov/opinions/pub/files/201114362.pdf | 702 F.3d 1298; filed Dec. 19, 2012; pp. 7–9, incidental fiduciary exclusion. | R, official published Eleventh Circuit opinion. HOA-management facts. 11th Circuit Court +1 |
| S_AL-P3-S024 | Act 2001-454 official record attempt: https://arc-sos.state.al.us/cgi/actdetail.mbr/detail?act=454&page=act&year=2001 | Signed act and effective clause requested. | F. Usable act image/text not retrieved. Next action: obtain the official signed image and read amendment/effective clause. |
| S_AL-P3-S025 | Act 96-576 official record attempt: https://arc-sos.state.al.us/cgi/actdetail.mbr/detail?act=576&page=act&year=1996 | Amendments to §5-19-22 requested. | F. Usable signed act was not retrieved. Current statutory comparison therefore remains qualified. |
| S_AL-P3-S026 | NMLS Checklist Compiler: https://mortgage.nationwidelicensingsystem.org/knowledge/Products/nmls/stateresourcecenter/SitePages/Checklist-Compiler.aspx | Current Alabama State Banking Department non-mortgage consumer-credit checklist requested. | F. No readable Alabama checklist returned. Agency transition instructions and current rule were used instead; exact NMLS document package remains held. |
Claim ID · Precise assertion · Source IDs and pinpoints · 40 data rows
| Claim ID | Precise assertion | Source IDs and pinpoints | Conditions, exceptions, currentness, and confidence |
|---|---|---|---|
| S_AL-P3-C001 | Section 40-12-80 imposes a $100 or $25 state collection-agency license tax based on city/town population. | S001, entire section. | High, current official search-rendered Code. Signed 2001 act effective clause held. |
| S_AL-P3-C002 | Its express deemed-agency trigger is employing agents to solicit claims for collection from persons, firms, or corporations in Alabama. | S001. | High text support. Application to ownership-only purchasing or servicing remains unresolved. |
| S_AL-P3-C003 | Section 40-12-80 does not apply to a person excluded from the FDCPA debt-collector definition. | S001 final sentence. | High text support. Difference between failing an affirmative federal prong and falling within a listed exclusion remains material. |
| S_AL-P3-C004 | Section 40-12-80 is a Title 40 occupational privilege license, not a Banking Department supervisory collection charter. | S001–S004. | High structural conclusion. It remains legally required when applicable. |
| S_AL-P3-C005 | Section 40-12-2 ordinarily requires state and county licenses for each place, county levy of 50% of the state amount, and a $1 issuance charge. | S002(a)–(e); S004 p. 42. | High. Subject to any section-specific exception. |
| S_AL-P3-C006 | Combined §40-12-80 totals are $151 and $38.50 per place in the two population tiers. | S001; S002(b), (e); S004 p. 42. | High arithmetic: $100+$50+$1 and $25+$12.50+$1. |
| S_AL-P3-C007 | ALDOR interprets remote letter/telephone account solicitation with no Alabama agent as outside §40-12-80. | S004 p. 42. | Moderate, agency operational interpretation; no controlling judicial decision located. Online-only status not expressly addressed. |
| S_AL-P3-C008 | ALDOR treats an Alabama employee, retained Alabama attorney, local agency, or other Alabama representative as a possible agent of an out-of-state agency. | S004 p. 42. | Moderate, operational interpretation; actual agency relationship required. |
| S_AL-P3-C009 | The §40-12-80 materials read impose a per-place rather than per-agent charge and contain no bond, individual-agent registration, or financial-fitness review. | S001–S004. | Bounded high for those materials only; no statewide negative beyond the searched general regime. |
| S_AL-P3-C010 | A distinct general supervisory collection-agency charter was not located in the official statewide materials searched. | S001–S009 and bounded code/rule searches. | Bounded research finding, not an unqualified absence-of-regulation conclusion. |
| S_AL-P3-C011 | An original creditor collecting only its own claim does not, without more, fit §40-12-80’s express third-party claim-solicitation trigger. | S001; S004. | Reasoned application. No controlling Alabama decision found establishing the complete scope of “collection agency.” |
| S_AL-P3-C012 | Section 40-12-80’s application to an outright debt purchaser collecting owned claims remains unresolved. | S001; S004; S016–S017 for the distinct federal issue. | Held. Purchase is not necessarily solicitation of claims for collection. |
| S_AL-P3-C013 | Commercial-only federal collection is outside the FDCPA debt definition, but commercial-only §40-12-80 coverage remains unresolved. | S001; S004; S014 §1692a(5). | High federal / held state. State wording mentions firms and corporations. |
| S_AL-P3-C014 | ACCA “consumer” status depends on a natural person and primarily personal, family, or household purpose; “creditor” requires regular credit extension or arrangement. | S005 definitions (2)–(3). | High, official current text. |
| S_AL-P3-C015 | Official Rule 155-2-2-.01 requires a license for each proposed location before making consumer loans or taking assignments of consumer-credit contracts, unless exempt. | S007 Rule .01(1). | High, official current rule. |
| S_AL-P3-C016 | Institutional exemptions do not automatically extend to a consumer-finance subsidiary. | S007 Rule .01(3). | High. Actual entity structure and activity required. |
| S_AL-P3-C017 | ACCA licensing includes application review and at least $25,000 tangible net worth/capital under the current rule. | S007 Rule .01(4)–(6). | High. Mortgage-specific bond alternative appears in S006 but exact 2026 official statute remains held. |
| S_AL-P3-C018 | ACCA licensees’ collection practices must comply with applicable law, but that rule does not create a collection license for nonlicensees. | S007 Rule .07 introductory text. | High and limited. Detailed communication restrictions are outside this pass. |
| S_AL-P3-C019 | Current rule and agency instructions direct Bureau of Loans applications and transitions through NMLS beginning September 1, 2026. | S007 Rule .08; S008 forms page. | High with metadata qualification. Publication card’s July 13 entry and legacy mail page remain unreconciled. |
| S_AL-P3-C020 | The BOL and NMLS Consumer Access offer public financial-license verification; neither was used to guess or search a provider. | S008. | High operational fact. Entity-specific check remains later work. |
| S_AL-P3-C021 | Under Farmer, assignee status alone did not make an entity a statutory ACCA creditor absent evidence it regularly extended or arranged credit. | S010 at 390–391. | High as to that holding. Applied prior statutory wording. |
| S_AL-P3-C022 | Farmer’s historical out-of-state-location reasoning cannot be assumed current because the later reproduced statute expressly contains remote-resident-loan and assignment-nexus provisions. | S006(a); S010. | High comparison, qualified by S006’s unofficial 2025 status. |
| S_AL-P3-C023 | A pure servicing transfer is not proven to be an ACCA assignment without reviewing the transferred legal rights. | S005–S007; no directly deciding case located. | Reasoned hold. Contract and ownership evidence required. |
| S_AL-P3-C024 | Whether §40-12-80 and an ACCA license cumulatively apply to the same entity was not resolved by an actual controlling source in this pass. | S001–S008. | Held. Do not presume one substitutes for the other. |
| S_AL-P3-C025 | An Alabama private-practice attorney requires an occupational license; special membership alone does not permit private practice. | S011. | High operational evidence. Named-attorney status not checked. |
| S_AL-P3-C026 | Attorney licensing does not create an FDCPA exemption for regular consumer-debt collection. | S019; S020. | High federal authority. Federal entity/activity requirements still apply. |
| S_AL-P3-C027 | Porter permits peaceful creditor-side collection/friendly adjustment within its undisputed-account facts but is not a collection-license ruling. | S013 at 813–816. | High and narrow. No debtor-side settlement authorization. |
| S_AL-P3-C028 | A federal “debt” must arise from a primarily personal, family, or household transaction. | S014 §1692a(5); S015 §1006.2(h). | High current federal text. Judgment status does not change the definition. |
| S_AL-P3-C029 | Federal debt-collector status has separate principal-purpose and regularly-collects-for-another prongs. | S014 §1692a(6); S015 §1006.2(i). | High. Each must be analyzed independently. |
| S_AL-P3-C030 | Default status affects the pre-default exclusion but does not itself establish affirmative federal coverage. | S014 §1692a(6)(F)(iii); S017 pp. 8–13. | High. Ownership, purpose and regularity remain necessary. |
| S_AL-P3-C031 | Original creditors are commonly outside the owed-another prong, but the false-name and principal-purpose routes prevent a universal creditor exemption. | S014 §1692a(6); S016 pp. 2–4; S018 p. 7 n.5. | High framework. Actual business purpose and name usage matter. |
| S_AL-P3-C032 | Henson excludes own-account debt purchasers from the owed-another prong on the decided facts and leaves principal-purpose coverage open. | S016 pp. 2–4. | High Supreme Court holding and express reservation. |
| S_AL-P3-C033 | Davidson rejects a default-status-only test; “any debts” under principal purpose can include debts owned by the collector. | S017 pp. 8–16; S018 p. 7 n.5. | High Eleventh Circuit framework. Davidson complaint did not adequately allege principal purpose. |
| S_AL-P3-C034 | Glover/Booze classifies a servicer as a debt collector where it acquired rights after default and regularly collected payments owed lenders. | S018 pp. 7–9. | High on facts. Not a categorical rule for every post-default servicer. |
| S_AL-P3-C035 | Lawyers regularly collecting consumer debts can be covered even through litigation and court filings. | S019 at 292–299; S020 pp. 7–10. | High. The underlying obligation and regularity must still qualify. |
| S_AL-P3-C036 | Pure state-required nonjudicial foreclosure receives Obduskey’s narrow treatment, while a separate payment demand can create dual-purpose collection under Reese. | S021 at 468–481; S022 pp. 8–11. | High federal distinction. Alabama foreclosure procedure itself is outside this pass. |
| S_AL-P3-C037 | The fiduciary exclusion applies only where collection is incidental rather than central to the fiduciary work. | S023 pp. 7–9. | High Eleventh Circuit interpretation. Actual fiduciary duties required. |
| S_AL-P3-C038 | Remote or online communication does not create an FDCPA or Regulation F location exemption. | S014 §1692a(2), (6); S015 §1006.2(d), (i). | High federal text. State nexus remains separate. |
| S_AL-P3-C039 | Selected current Supreme Court and Eleventh Circuit authorities were checked, but complete rehearing, certiorari, and all later-case history was not certified. | S016–S023. | Express research limitation. No located adverse later controlling decision was silently ignored. |
| S_AL-P3-C040 | None of these collection-side licenses or federal classifications authorizes a debtor-side settlement provider or resolves PASS-01/PASS-02 holds. | Scope and S013. | High scope conclusion. Collection for creditors and representation of debtors remain distinct. |
Component · Status · Claims · 37 data rows
| Component | Status | Claims | Exact missing authority or next action |
|---|---|---|---|
| Current §40-12-80 text and population amounts | Answered | C001–C003 | Retrieve signed Act 2001-454 to establish amendment language and exact effective date. |
| State/county per-place calculation | Answered | C004–C006 | For a real entity, confirm the place’s current census category and county issuance record. |
| Remote letter/telephone agency with no Alabama agent | Answered as agency interpretation | C007–C008 | Locate controlling Alabama adjudication or formal revenue interpretation; separately classify internet-only arrangements. |
| Alabama agent, retained lawyer and local contractor | Answered operationally | C008 | Apply actual agency contracts and authority; do not infer an agent from vendor status alone. |
| General collection-agency bond, financial-fitness or agent registration | Answered only within the general §40-12-80 materials | C009–C010 | Check any activity-specific law once the product, collateral, creditor type and collector role are known. |
| Separate general supervisory collection charter | Bounded negative research result | C010 | Continue official Code, Administrative Code, ALDOR and Banking Department review if a contrary regime is asserted; no commercial chart may replace authority. |
| Original-creditor §40-12-80 treatment | Partial | C011 | Find controlling Alabama interpretation of “collection agency” beyond the statutory deemed trigger. |
| Outright debt-buyer §40-12-80 treatment | Unresolved | C012 | Determine whether ownership-only purchasing and self-collection constitute solicitation of claims for collection under Alabama law. |
| Commercial-only §40-12-80 coverage | Unresolved | C013 | Obtain controlling Alabama decision, formal rule, tax adjudication or written interpretation reconciling the firms/corporations wording with the federal cross-reference. |
| ACCA consumer and creditor definitions | Answered | C014 | Apply actual transaction purpose and annual credit-extension volume. |
| ACCA assignment-license trigger | Answered conditionally | C015–C017 | Retrieve the official current §5-19-22 text and signed amendment chain; inspect actual assignment and Alabama nexus. |
| Consumer-finance subsidiary exemption | Answered | C016 | Identify exact parent/subsidiary legal entities and license types. |
| ACCA security and location requirements | Answered from current rule; statute qualified | C015–C017 | Read official current §5-19-22 and current NMLS checklist. |
| Current NMLS procedure | Partial | C019–C020 | Resolve July 13 versus September 1 metadata and stale print/mail page; retrieve readable Alabama checklist. |
| Public general collector lookup | Unresolved / no central registry identified | C008–C010 | For an actual entity, obtain county §40-12-80 record; do not substitute BOL or SOS search for county privilege licensing. |
| Public ACCA lookup | Answered procedurally | C020 | Later named-entity check must use exact legal name, license type, branch and status. |
| Attorney authority lookup | Answered procedurally | C025–C026 | Later check exact lawyer/law-firm identity, occupational status and disciplinary materials. |
| Corporate qualification | Answered as separate process | C021–C022 | Apply exact entity form and transacting-business facts. |
| Federal consumer-purpose boundary | Answered | C028 | Commercial and mixed-purpose fact development remains necessary. |
| Original creditor federal status | Answered conditionally | C029–C031 | Determine principal purpose, name used and employee/affiliate structure. |
| Debt-buyer federal status | Answered by prong | C030–C033 | Develop evidence of principal purpose and third-party collection activity. |
| Servicer before/after default | Answered conditionally | C030, C034 | Establish default date, transfer date, ownership and payment recipient. |
| Attorney collection and foreclosure boundary | Answered conditionally | C035–C036 | Alabama foreclosure law, lawsuit procedure and standing remain separate passes. |
| Fiduciary exclusion | Answered conditionally | C037 | Review actual fiduciary agreement and relative importance of collection duties. |
| Full subsequent history | Partial | C039 | Complete official docket, rehearing and Supreme Court-docket checks before claiming exhaustive current history. |
| Municipal collection or business-license law | Partial / material local variation identified | C005, C010 | Examine the actual cities and counties where business is conducted; no all-municipality survey completed. |
| Tribal law and jurisdiction | Excluded with reason | — | Nation-specific authority, location and parties are required; no tribal nation was researched. |
| Communication frequency, contact times and channel restrictions | Excluded with reason | C018 only identifies existence of a licensee rule | Separate conduct pass required; not needed to classify licensing or entity coverage. |
| Validation, disputes and credit reporting | Excluded with reason | — | Separate federal/state procedure pass. |
| Limitations, revival and time-barred debt | Excluded with reason | — | Separate limitations pass. |
| Lawsuits, standing, proof, judgments and garnishment | Excluded with reason | C035 only for attorney status | Separate litigation and evidence pass. |
| Exemptions from execution and garnishment | Excluded with reason | — | Separate debtor-property pass. |
| Secured debt, repossession and foreclosure substance | Excluded except narrow coverage boundary | C006, C036 | Separate sector and collateral pass. |
| Remedies, damages and enforcement | Excluded with reason | — | Separate remedies pass; no private-remedy conclusion from privilege licensing. |
| Contracts, assignment validity and chain of title | Excluded except classification dependency | C012, C021–C023 | Later contract and standing review of actual documents. |
| PASS-01/PASS-02 provider-access, fee, transmission and UPL holds | Preserved and unaccepted | C040 | Those components require their own remaining evidence; no cross-component clearance. |
| Alabama, component, or A066 acceptance | Open | All limitations above | No acceptance by implication. |
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The saved component-level coverage record keeps answered, partial, blank and unresolved branches distinct. A coverage label is not acceptance of a whole subject or jurisdiction.
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Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.
No currently queued material correction is mapped to this component. This does not remove its currentness, access, jurisdiction or application limits.
revise
Inside: Alabama provider market access and consumer fees · 1. Definitions and classification depend on the actual conduct · Alabama’s two principal classification systems
Inside: A. Substantive findings · 1. Official §34-3-6 and the amendment-history reconciliation · 2. Porter, privity, and the actual negotiation boundary
Inside: Bounded correction to creditor-side PASS-03 · Correction result · Access codes
Inside: Exact replacement rows
Inside: Ordinary civil money-judgment wage garnishment, earnings exemptions, and the claim–contest–hearing gateway · Register counts · 1. There is no single “Alabama wage-garnishment formula”
Inside: Ordinary money-judgment bank-account garnishment and property-exemption claims · 1. Alabama’s published amount is not an automatic bank-account allowance · 2. Depositing wages does not automatically preserve employer-withholding treatment
Original saved Markdown SHA-256: 6b30a394c42548fd092390694962c306d49e28038ce7d09ef585ab1d473dcc88. Public formatting, private-reference removal and correction annotations are separate from that immutable original.