15 U.S.C. § 1692f: Unfair practices

Summary

Debt collectors must not use unfair or abusive ways to collect a debt. They cannot charge money that the loan agreement or law does not allow, including interest, fees, or other added costs. They must follow rules for postdated checks: they cannot take checks dated more than five days in the future unless they tell the person in writing at least 3 but no more than 10 business days before they plan to deposit it. They cannot get postdated checks to threaten criminal charges or deposit them early. They may not hide the true purpose of a call or message and make the person pay extra (for example, collect-call or telegram fees). They cannot threaten to take or disable property unless they now have a legal right to it, truly intend to take it, and the property is not legally protected. They also cannot send debt messages on postcards or use anything on the outside of an envelope that shows it’s about debt, except their address or a business name that does not reveal they collect debts.

Title 15, §1692f

Commerce and Trade, Source: USLM XML via OLRC

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1)

(2)The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector’s intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

(3)The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

(4)Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

(5)Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

(6)Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if—

(A)there is no present right to possession of the property claimed as collateral through an enforceable security interest;

(B)there is no present intention to take possession of the property; or

(C)the property is exempt by law from such dispossession or disablement.

(7)Communicating with a consumer regarding a debt by post card.

(8)Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon the expiration of six months after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as added by Pub. L. 95–109, set out as a note under section 1692 of this title.

§1692f Unfair Practices

Summary

Title 15, §1692f

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata