(a) A debt buyer or a collector acting on behalf of a debt buyer may not initiate a consumer debt collection action unless the debt buyer or collector possesses all of the documents listed in subsection (b)(3) of this section. (b) (1) This subsection applies to a consumer debt collection action, including a small claim action under § 4-405 of this article, that is maintained by a debt buyer or a collector acting on behalf of a debt buyer. (2) In addition to any other requirement of law or rule, unless the action is resolved by judgment on affidavit, a court may not enter a judgment in favor of a debt buyer or a collector unless the debt buyer or collector introduces into evidence the documents specified in paragraph (3) of this subsection in accordance with the rules of evidence applicable to actions that are not small claims actions brought under § 4-405 of this article. (3) A debt buyer or a collector on behalf of a debt buyer shall introduce the following evidence in a consumer debt collection action: (i) Proof of the existence of the debt or account made by a certified or otherwise properly authenticated photocopy or original of at least one of the following: 1. A document signed by the debtor evidencing the debt or the opening of the account; 2. A bill or other record reflecting purchases, payments, or other actual use of a credit card or an account by the debtor; or 3. An electronic printout or other documentation from the original creditor establishing the existence of the account and showing purchases, payments, or other actual use of a credit card or an account by the debtor; (ii) If there was a document evidencing the terms and conditions to which the consumer debt was subject, a certified or otherwise properly authenticated photocopy of the original document applicable to the consumer debt unless: 1. The consumer debt is an unpaid balance due on a credit card; 2. The original creditor is or was a financial institution subject to regulation by the federal Financial Institutions Examination Council or a constituent federal agency of the Council; and 3. The claim does not include a demand or request for attorney's fees or interest on the charge-off balance; (iii) Documentation indicating that the debt buyer or collector acting on behalf of the debt buyer owns the consumer debt, including: 1. A chronological listing of the names of all prior owners of the debt and the date of each transfer of ownership of the debt, beginning with the name of the original creditor; and 2. A certified or other properly authenticated copy of the bill of sale or other document that transferred ownership of the debt to each successive owner, including the debt buyer or collector, with each bill of sale or other document that transferred ownership containing specific reference to the debt; (iv) Documentation of the identification and nature of the debt or account, including: 1. The name of the original creditor; 2. The full name of the debtor as it appears on the original account; 3. The last four digits of the Social Security number of the debtor appearing on the original account, if known; 4. The last four digits of the original account number; and 5. The nature of the consumer transaction, such as utility expenses, credit card, consumer loan, retail installment sales agreement, service, or future services; (v) If the claim is based on a future services contract, evidence that the debt buyer or collector is entitled to an award of damages under that contract; (vi) If there has been a charge-off of the debt or account, documentation of: 1. The date of the charge-off; 2. The charge-off balance; 3. An itemization of any fees or charges claimed by the debt buyer or collector in addition to the charge-off balance; 4. An itemization of all payments received after the charge-off and other credits to which the debtor is entitled; and 5. The date of the last payment on the consumer debt or the last transaction giving rise to the consumer debt; (vii) If there has been no charge-off of the debt or account: 1. An itemization of all money claimed by the debt buyer or collector that: A. Includes principal, interest, finance charges, service charges, late fees, and other fees or charges added to the principal by the original creditor and, if applicable, by subsequent assignees of the consumer debt; and B. Accounts for any reduction in the amount of the claim by virtue of any payment made or other credit to which the defendant is entitled; 2. A statement of the amount and date of the consumer transaction giving rise to the consumer debt or, in instances of multiple transactions, the amount and date of the last transaction; and 3. A statement of the amount and date of the last payment on the consumer debt; and (viii) A list of all Maryland collection agency licenses that the debt buyer or collector currently holds and, as to each license: 1. The license number; 2. The name appearing on the license; and 3. The date of issue of the license.
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