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15 U.S.C. § 1692f — Unfair practices
Federal law — U.S. Code and appendices · legal_authorities
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) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
(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 collect
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Source file: Laws/federal/codes/united-states-code/title-15/section-1692f-unfair-practices--95ba322c0c.md
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Source location: Title 15, Chapter 41, § 1692f; chapter-041-consumer-credit-protection.md
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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) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Abusive practices** There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
**(b) Inadequacy of laws** Existing laws and procedures for redressing these injuries are inadequate to protect consumers.
**(c) Available non-abusive collection methods** Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.
**(d) Interstate commerce** Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.
**(e) Purposes** It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1637
TITLE 15—COMMERCE AND TRADE
§ 1692f
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.
§ 1692e. False or misleading representations
A debt collector may not use any false, decep-
tive, or misleading representation or means in
connection with the collection of any debt.
Without limiting the general application of the
foregoing, the following conduct is a violation of
this section:
(1) The false representation or implication
that the debt collector is vouched for, bonded
by, or affiliated with the United States or any
State, including the use of any badge, uni-
form, or facsimile thereof.
(2) The false representation of—
(A) the character, amount, or legal status
of any debt; or
(B) any services rendered or compensation
which may be lawfully received by any debt
collector for the collection of a debt.
(3) The false representation or implication
that any individual is an attorney or that any
communication is from an attorney.
(4) The representation or implication that
nonpayment of any debt will result in the ar-
rest or imprisonment of any person or the sei-
zure, garnishment, attachment, or sale of any
property or wages of any person unless such
action is lawful and the debt collector or cred-
itor intends to take such action.
(5) The threat to take any action that can-
not legally be taken or that is not intended to
be taken.
(6) The false representation or implication
that a sale, referral, or other transfer of any
interest in a debt shall cause the consumer
to—
(A) lose any claim or defense to payment
of the debt; or
(B) become subje
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1692f
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