PURSUING UNLICENSED ACTIVITY

We all know the difficulty Division Licensing investigators have in making good cases against unlicensed individuals doing repossessions.  It is extremely difficult to document a case with the way these unlicensed individuals operate.  I believe there is a better way to deter these unscrupulous operators….by going after those who hire them. 

At a recent meeting with Division Director, Mr. Gene Bryan, Assistant Director, Mr. Buddy Bevis and legal counsel, Ms. Cristy Bronson, I made the suggestion that Division investigators might be more successful by confronting those who hire unlicensed operators as well as the unlicensed operator. 

There are lenders, and auctions using unlicensed operators on a regular basis.  Some of those lenders and auctions may not know the requirements of Chapter 493, and some probably don’t care, until they get “nailed” by the Division.  All at the meeting agreed such a procedure might be for more effective than making cases against just the unlicensed operator.  

Chapter 493 provides authority to the Division to do just this, and those who hire unlicensed operators are subject to the same fines as the unlicensed operator.  It has been my experience that lenders have no desire to face a court for committing a violation of law.  I believe auction services might feel the same. 

So, we are providing licensees with another method of attacking unlicensed activity, a method I believe can be very effective. 

We have developed an Unlicensed Activity Report Form that has been reviewed and approved by the Division and which has been made a part of the FLACARS Newsletter. You may look for the big stop sign on the FLACARS.org website to open and print the form. 

I encourage every licensed recovery agent to take advantage of this opportunity to confront unlicensed activity on a higher level.  We can make this work!!