§ 17-24-507 - Unfair practices.
17-24-507. Unfair practices.
(a) A debt collector may not use unfair or unconscionable means to collect or attempt to collect a debt.
(b) Without limiting the general application of subsection (a) of this section, the following actions of a debt collector violate this section:
(1) The collection of an amount, including interest, a fee, a charge, or an expense incidental to the principal obligation unless the amount is expressly authorized by the agreement creating the debt or permitted by law;
(2) The acceptance by a debt collector from a person of a check or other payment instrument postdated by more than five (5) days unless the person is notified in writing of the debt collector's intent to deposit the check or instrument not more than ten (10) nor less than three (3) business days before the deposit;
(3) The solicitation by a debt collector of a postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution;
(4) Depositing or threatening to deposit a postdated check or other postdated payment instrument before the date on the check or instrument;
(5) Causing charges to be made to a person for communications by concealment of the true purpose of the communication, including without limitation charges for collect telephone calls and telegrams;
(6) Taking or threatening to take a nonjudicial action to effect dispossession or disablement of property if:
(A) No present right exists to possession of the property claimed as collateral through an enforceable security interest;
(B) No present intention exists to take possession of the property; or
(C) The property is exempt by law from the dispossession or disablement;
(7) Communicating with a consumer regarding a debt by postcard; or
(8) Using a language or symbol other than the debt collector's address on an envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his or her business name if the name does not indicate that he or she is in the debt collection business.