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Debt collection agencies in Illinois help businesses recover unpaid debts like credit card balances, medical bills, and personal loans. They operate under strict state regulations to ensure fair practices and consumer protection. Agencies must obtain a license, maintain a $25,000 surety bond, and follow rules outlined in the Illinois Collection Agency Act. Recent updates to the law in 2026 focus on protecting victims of coerced debt and increasing penalties for violations. For businesses, platforms like Debexpert streamline debt portfolio sales while ensuring compliance with Illinois laws.

Ep.6 New Illinois Laws: Debt Collection Rights #knowyourrights #newlaws2026

Illinois Collection Agency Act

Illinois Debt Collection Agency Licensing Process and Requirements

Illinois Debt Collection Agency Licensing Process and Requirements

Main Requirements of the Illinois Collection Agency Act

The Illinois Collection Agency Act sets clear rules for debt collectors operating in the state. No individual or business can act as a collection agency, solicit claims, or accept payments on behalf of others without first obtaining a license from the Illinois Department of Financial and Professional Regulation (IDFPR). However, some entities may qualify for specific exemptions or reciprocity agreements.

The Act also strictly prohibits certain behaviors. Collectors cannot use threats, violence, or false claims of arrest. They are forbidden from using profane language or contacting individuals at unreasonable hours - typically before 8:00 a.m. or after 9:00 p.m. Within five days of the initial contact, collectors must provide a written notice that includes the debt amount, the creditor's name, and information about the debtor's 30-day right to dispute the debt. If a debtor claims identity theft, the collector must obtain either a police report or an ID Theft Affidavit and assess liability before continuing collection efforts.

Out-of-state agencies can engage with Illinois residents under strict guidelines. They must hold a license in their home state, limit activities to interstate communication (like phone calls or emails), and their home state must offer Illinois agencies similar privileges. These foundational rules are essential for understanding the recent updates to the law.

2026 Updates to the Law

Senate Bill 2457, effective January 1, 2026, permanently enshrined the Illinois Collection Agency Act by removing it from the Regulatory Sunset Act. According to Daniel B. Pearson and Krista Cooley from Mayer Brown, "These amendments appear to reflect a motivation by the Illinois legislature to minimize instances of duplicative regulation or licensing for entities that are already regulated under Illinois law". These changes reinforce the state’s focus on consumer protection and efficient regulatory practices.

First-party collectors - those collecting on debts they originated and still own - are generally excluded. However, agencies that purchase debts, use fictitious names, or collect on bounced checks must secure a license. The IDFPR now has expanded enforcement powers, including the ability to deliver notices electronically and impose fines of up to $10,000 per violation.

Additionally, starting January 1, 2026, agencies must halt collection activities for 90 days when they receive a statement of coerced debt from victims of fraud, domestic violence, or human trafficking. During this period, collectors are required to review the statement and any supporting evidence. Violations of coerced debt laws could result in actual damages or fines of up to $2,500 per debt. These updates place greater emphasis on compliance with licensing and bonding requirements.

How to Get Licensed and Bonded

The IDFPR oversees collection agency licensing through its Division of Financial Institutions, Consumer Credit Section. To begin the process, applicants need to request portal credentials by contacting fpr.consumercredit@illinois.gov. The following documents are required for submission:

  • Collection Agency License Application
  • Personal/Employment History for key personnel
  • Financial Statement of the agency
  • Employee Identity Listing
  • Trust Account Financial Report

A $25,000 surety bond is mandatory for all agencies, offering protection to parties with valid claims against the licensee. Depending on the agency's disbursement volume, the Secretary may require additional bond amounts. Fees include a $30 investigation fee and a $100 license fee. Agencies should also check if they qualify for 2026 exemptions, such as retail sellers collecting on their own installment contracts or entities licensed under the Illinois Consumer Installment Loan Act.

The IDFPR's "License Look Up" tool is a helpful resource for verifying license status, especially for renewals missed before the December 31, 2025, deadline. Following these steps is essential for agencies to operate within Illinois law and maintain compliant debt collection practices.

Following Illinois Debt Collection Rules

What Collectors Cannot Do and Consumer Protections

Illinois law lays out clear boundaries for debt collectors, ensuring they follow strict guidelines to protect consumers. Collectors are explicitly barred from using threats of force, violence, or physical harm against a debtor, their family, or their property. Using profane, obscene, or abusive language is also off-limits.

When it comes to contacting debtors, collectors must stick to reasonable hours - between 8:00 a.m. and 9:00 p.m. local time. Reaching out outside of these hours is considered harassment. Additionally, if a collector knows that a debtor’s employer prohibits personal calls at work, they must avoid contacting the debtor there. Similarly, if the debtor has legal representation, collectors are required to communicate solely with the attorney, unless the attorney fails to respond within 30 days.

Misrepresentation is another area where collectors must tread carefully. They cannot inflate the amount owed, pretend to be an attorney, or use documents that mimic legal or judicial processes. Sharing debt information with unauthorized third parties is also prohibited, except when seeking location details without disclosing the nature of the debt.

A key protection under Illinois law is the 2026 coerced debt provision. If a debtor submits a statement claiming the debt is tied to fraud, domestic violence, or identity theft, collectors must immediately halt all collection efforts - including pending lawsuits - and review the claim within 90 days. Attorney Amy Loftsgordon highlights the consequences of violating this rule:

Failing to comply with [the coerced debt] law can make the collection agency liable for actual damages or up to $2,500 per debt, plus court costs and attorneys' fees.

If a debtor disputes the validity of the debt in writing within 30 days, the collector must stop all collection activities until verification is provided. Moreover, if a debtor formally requests in writing to cease communication or states they refuse to pay, the agency must comply and halt further contact.

These consumer protections are in place to ensure collectors follow ethical and professional practices.

Professional Collection Methods

Debt collection agencies must take several steps to ensure compliance with Illinois laws and avoid costly penalties. For example, CRM systems should be configured to immediately suspend collection activities when a coerced debt or identity theft report is received. Failing to do so could result in fines of up to $10,000 per violation.

Agencies are also required to provide a clear five-day validation notice, which must prominently outline the 30-day dispute window. If the details are on the back of the notice, there must be a clear reference on the front. Before contacting a debtor at their workplace, agencies need to document whether the employer prohibits such communication.

Proper handling of trust accounts is another critical requirement. Agencies must deposit collected funds into a separate trust account within five business days and perform monthly reconciliations. Creditors must be paid within 60 days of the end of the calendar month in which funds were received. If an agency fails to remit payments, creditors can seek compensation from the agency’s mandatory $25,000 surety bond.

For identity theft claims, agencies must obtain a police report and affidavit before pausing collections for a good-faith review. They are also required to provide a written explanation of their findings.

Selling Debt Portfolios to Illinois Agencies with Debexpert

Debexpert

Debexpert simplifies the process of selling debt portfolios while ensuring everything aligns with Illinois' strict regulatory standards.

How Debexpert Works for Debt Portfolio Sales

Debexpert is an online platform that connects debt sellers with licensed buyers through auction formats like English, Dutch, sealed-bid, and hybrid. It offers tools for portfolio analysis, helping sellers assess the value of their debt packages before listing. The platform also ensures secure file sharing, protecting sensitive debtor information.

Features like real-time chat and notifications make it easier for buyers to find relevant debt portfolios. Debexpert handles consumer and commercial debt, including credit card balances, medical bills, auto loans, and business-to-business accounts. The platform not only streamlines transactions but also ensures compliance with Illinois laws.

Meeting Illinois Requirements Through Debexpert

Debexpert supports compliance with the Illinois Collection Agency Act by ensuring transactions involve properly licensed and bonded entities. Sellers can verify buyers' Illinois licenses using the Department of Financial and Professional Regulation's "License Look Up" tool. Out-of-state agencies are exempt from Illinois licensing requirements only if they hold licenses in reciprocal states and restrict their activities to interstate communication.

To meet Section 8b requirements, every sale must include an assignment agreement outlining the purchase price and effective date. Additionally, sellers should ensure their data files include fields for "coerced debt" status. Buyers are legally required to pause collections if a debtor claims fraud, duress, or identity theft.

Debexpert Plan Options

Plan Name Price Key Features Best For
Basic Access Free Browse portfolios, view masked files, portfolio details Exploring the marketplace
Seller Plan Custom Portfolio analytics, auction setup, presale marketing, secure file sharing Creditors selling debt portfolios
Buyer Plan Custom Real-time bidding, portfolio evaluation tools, secure communication Licensed agencies purchasing debt

Both the Seller and Buyer plans require compliance checks to ensure all participants meet Illinois regulatory standards. Pricing is customized based on transaction volume and the features needed for selling or buying debt portfolios in Illinois.

Licensed Debt Collection Agencies in Illinois

Illinois has strict licensing requirements for debt collection agencies, ensuring consumer protection and ethical practices. Below is a guide on how to verify an agency's compliance and a look at some well-known licensed agencies in the state.

How to Check an Agency's License

The Illinois Department of Financial and Professional Regulation (IDFPR) offers an online tool to confirm whether a collection agency is properly licensed. To verify, visit the IDFPR website and use the "License Look-Up" tool, selecting "Collection Agency." This tool provides information on whether an agency’s license is active and up-to-date.

Illinois law also requires agencies to maintain a $25,000 surety bond. If this bond lapses, the agency's license is automatically canceled. Additionally, you can review the IDFPR's "Board Information" and "Meeting Notices & Minutes" to check for any disciplinary actions, such as fraud or false statements. Agencies operating without a valid license may face civil penalties of up to $10,000 for each violation.

Confirming an agency's license and compliance with state regulations is a critical step in protecting yourself from unethical practices. Below are examples of reputable agencies in Illinois that handle different types of debt portfolios.

Illinois Agencies That Handle Debt Portfolios

Once you’ve verified an agency’s licensing status, you can explore these established agencies, each specializing in distinct debt portfolios:

  • IC System: This agency serves industries like healthcare, banking, manufacturing, and technology. Their InstiCollect service charges a 35% contingency fee for the first 180 days (with a $75 setup fee), increasing to 50% afterward. Impressively, 95% of surveyed consumers praised their agents for professionalism.
  • The Kaplan Group: Specializing in commercial debt, The Kaplan Group focuses on large business claims exceeding $10,000. They report an 85% success rate on open business claims, with contingency fees ranging from 10% to 25%.
  • First Credit Services: Handling consumer debt, this agency works across sectors like automotive finance, bankcards, government, and healthcare. They use AI-powered strategies and an omni-channel platform to streamline collections.
  • Illinois Collections Inc: This agency is known for post-judgment enforcement and business accounts receivable. They often collaborate with contract attorneys for litigation cases.
  • Undue Medical Debt: A nonprofit organization contracted by the State of Illinois, this agency focuses on medical debt relief. As of November 20, 2025, the Medical Debt Relief Program has eliminated over $400 million in medical debt for low-income residents.

Conclusion

Illinois has established a strict set of rules for debt collection, ensuring both agencies and consumers are protected. The Illinois Collection Agency Act, permanently codified at 205 ILCS 740 starting January 1, 2026, requires agencies to maintain valid licenses, a $25,000 surety bond, and separate trust accounts for funds management. Updates to the law in 2026 introduced additional safeguards, such as a mandated 90-day pause on collection activities when consumers submit statements related to fraud, domestic violence, or identity theft.

"It is further declared to be the public policy of this State to protect consumers against debt collection abuse." - Illinois Compiled Statutes

For debt portfolio managers, adherence to these regulations is critical. Violations can result in penalties of up to $10,000 per infraction and damages of up to $2,500 for coerced debts. Before engaging with a collection agency, it's important to verify their license using the IDFPR "License Look Up" tool and confirm they comply with bonding and trust account requirements.

This regulatory framework also highlights the value of platforms designed to simplify compliance. Debexpert offers a streamlined solution for debt portfolio sales, ensuring every transaction aligns with Illinois's regulatory demands. By connecting creditors with licensed, compliant agencies and facilitating secure documentation transfers, Debexpert minimizes the risk of non-compliance and ensures that transactions meet validation and disclosure standards.

Whether you're dealing with consumer debt, commercial accounts, or niche portfolios, understanding and adhering to Illinois's licensing rules, prohibited practices, and communication guidelines is essential. These permanent regulations and consumer protections underscore the importance of staying informed to safeguard both your business and the consumers involved.

FAQs

Do I need an Illinois license to collect debts from Illinois residents?

Yes, if you want to operate as a collection agency or collect debts within Illinois, you need to have an Illinois license. That said, if you're collecting debts from Illinois residents through interstate communication and already hold a license in another state, you might not need a separate Illinois license. Just make sure you follow all relevant regulations to stay compliant.

What should I do if a collector contacts me about a coerced or fraudulent debt?

If you're dealing with a coerced or fraudulent debt, you should provide a statement of coerced debt along with any supporting documents to the collection agency. Once they receive this, they are required to halt collection efforts and investigate your claim within 90 days. This process helps determine whether the debt is legitimate under Illinois law.

How can I verify a collection agency’s Illinois license and surety bond?

To check if a collection agency is licensed in Illinois, you can use the Illinois Department of Financial and Professional Regulation’s (IDFPR) online license lookup tools. These tools help you confirm whether the agency holds a valid license and is in good standing.

When it comes to the surety bond, Illinois law mandates a bond amount of $25,000. You can verify this by contacting the IDFPR or asking the agency directly for proof of compliance with state requirements.

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debt collection agency illinois
Written by
Ivan Korotaev
Debexpert CEO, Co-founder

More than a decade of Ivan's career has been dedicated to Finance, Banking and Digital Solutions. From these three areas, the idea of a fintech solution called Debepxert was born. He started his career in  Big Four consulting and continued in the industry, working as a CFO for publicly traded and digital companies. Ivan came into the debt industry in 2019, when company Debexpert started its first operations. Over the past few years the company, following his lead, has become a technological leader in the US, opened its offices in 10 countries and achieved a record level of sales - 700 debt portfolios per year.

  • Big Four consulting
  • Expert in Finance, Banking and Digital Solutions
  • CFO for publicly traded and digital companies

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