Barbara Reid Alexander                                                                                                                (207)289-3731

SUPERINTENDENT                                                                                                               

Offices located at:

Harry W. Giddinge                                                                                                                     Central Building

DEPUTY SUPERINTENDENT                                                                                                              Hallowell Annex

                                                                                                                                                  Hallowell, Maine

DEPARTMENT OF BUSINESS REGULATION

BUREAU OF CONSUMER PROTECTION

STATE HOUSE STATION 35

AUGUSTA, MAINE 04333

ADVISORY RULING #43-A

AUGUST 25, 1980

(Repealed See - AR #52)

Amendment

            Because of the recent decision by Judge Wathen in Depositors Trust Company v. Bureau of Consumer Protection (Docket No. CV 80-48, July 24, 1980), the Bureau will amend Advisory Ruling #43 "Definition of Collection Costs" as follows:

(1)  That portion of the Advisory Ruling (See pp. 6, 7) that held that certain post-judgment levy costs in Title 14 are within the definition of "collection costs" in Section 2-507 of the Consumer Credit    Code is rescinded.

(2)  The decision did not address the costs imposed under 11 MRSA § 9-504 (costs associated with repos session and disposition of collateral) which are also prohibited from being passed on to the consumer by Advisory Ruling #43.  Therefore, that portion of Advisory Ruling #43 (pp. 4, 6) will remain in effect.

/s/ BARBARA R. ALEXANDER

                                                                                    Barbara R. Alexander

                                                                                    Superintendent

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