§ 19-14.9-7 - False or misleading representations.
SECTION 19-14.9-7
§ 19-14.9-7 False or misleadingrepresentations. – A debt collector may not use any false, deceptive, or misleading representationor means in connection with the collection of any debt. Such false ormisleading means shall include, but not be limited to:
(a) The false representation or implication that the debtcollector is vouched for, bonded by, or affiliated with the United States orany State, including the use of any badge, uniform, or facsimile thereof;
(b) The false representation of:
(1) The character, amount, or legal status of any debt;
(2) Any services rendered or compensation which may belawfully received by any debt collector for the collection of a debt;
(c) The false representation or implication that anyindividual is an attorney or that any communication is from an attorney;
(d) The representation or implication that nonpayment of anydebt will result in the arrest or imprisonment of any person or the seizure,garnishment, attachment, or sale of any property or wages of any person unlesssuch action is lawful and the debt collector or creditor intends to take suchaction;
(e) The threat to take any action that cannot legally betaken or that is not intended to be taken;
(f) The false representation or implication that a sale,referral, or other transfer of any interest in a debt shall cause the consumerto:
(1) Lose any claim or defense to payment of the debt;
(2) Become subject to any practice prohibited by this chapter;
(g) The false representation or implication that the consumercommitted any crime or other conduct in order to disgrace the consumer;
(h) The communicating or threatening to communicate to anyperson credit information which is known or which should be known to be false,including the failure to communicate that a disputed debt is disputed;
(i) The use of distribution of any written communicationwhich simulates or is falsely represented to be a document authorized, issued,or approved by any court, official, or agency of the United States or anyState, or which creates a false impression as to its source, authorization, orapproval;
(j) The use of any false representation or deceptive means tocollect or attempt to collect any debt or to obtain information concerning aconsumer;
(k) The failure to disclose in the initial writtencommunication with the consumer and, in addition, if the initial communicationwith the consumer is oral, in that initial oral communication, that the debtcollector is attempting to collect a debt and that any information obtainedwill be used for that purpose, and the failure to disclose in subsequentcommunications that the communication is from a debt collector, except thatthis paragraph shall not apply to a formal pleading made in connection with alegal action;
(l) The false representation or implication that accountshave been turned over to innocent purchasers for value;
(m) The false representation or implication that documentsare legal process;
(n) The use of any business, company, or organization nameother than the true name of the debt collector's business, company, ororganization;
(o) The false representation or implication that documentsare not legal process forms or do not require action by the consumer;
(p) Communicating by telephone without disclosure of the nameof the debt collector and without disclosure of the personal name of theindividual making such communication; provided, however, that any suchindividual utilizing an alias shall use only one such alias at all times andprovided that a mechanism is established by the debt collector to identify theperson using such alias; the debt collector shall submit a list of all suchaliases and the persons using same to the director;
(q) The false representation or implication that a debtcollector operates or is employed by a consumer reporting agency.