§ 19-14.9-8 - Unfair practices.
SECTION 19-14.9-8
§ 19-14.9-8 Unfair practices. – A debt collector may not use unfair or unconscionable means to collect orattempt to collect any debt. Such unfair or unconscionable means shall include,but not be limited to:
(a) Collecting any amount (including any interest, fee,charge, or expense incidental to the principal obligation) unless such amountis expressly authorized by the agreement creating the debt or permitted by law;
(b) Publishing or causing to be published, for generalcirculation, the name of a consumer or any lists of consumers, or threateningto do so;
(c) Requesting or demanding from a consumer a postdatedcheck, draft, order for withdrawal or other similar instrument in payment forthe debt or any portion thereof, or negotiating such instrument before the duedate of the instrument;
(d) Depositing or threatening to deposit any postdated checkor other postdated payment instrument prior to the date on such check orinstrument;
(e) Causing charges to be made to any person forcommunications by concealment of the true purpose of the communication. Suchcharges include, but are not limited to, collect telephone calls and fees.However, this section shall not prohibit a debt collector from communicatingwith a consumer by way of a consumer's wireless telephone;
(f) Taking or threatening to take any nonjudicial action toeffect dispossession or disablement of property if:
(1) There is no present right to possession of the propertyclaimed as collateral through an enforceable security interest;
(2) There is no present intention to take possession of theproperty;
(3) The property is exempt by law from such dispossession ordisablement;
(g) Communicating with a consumer regarding a debt by postcard;
(h) Using any language or symbol, other than the debtcollector's address, on any envelope when communicating with a consumer by useof the mails or by telegram, except that a debt collector may use his/herbusiness name if such name does not indicate that he/she is in the debtcollection business;
(i) Representing that an existing obligation of a consumermay be increased by the addition of attorney's fees, investigation fees,service fees, or any other fees or charges, if in fact such fees or charges maynot legally be added to the existing obligation;
(j) Soliciting or obtaining of any written statement oracknowledgment in any form containing an affirmation of any obligation by aconsumer who has been adjudicated bankrupt, without clearly and conspicuouslydisclosing the nature and consequences of such affirmation;
(k) Reporting to a consumer reporting agency on itstransactions or experiences with a consumer in the debt collector's name.However, a debt collector may, with the express written authorization of thecreditor, report to a consumer reporting agency in the creditor's name.