15 U.S.C. § 1692f — Unfair practices

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 subject to any practice prohib- ited by this subchapter. (7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the con- sumer. (8) Communicating or threatening to com- municate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. (9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. (10) The use of any false representation or deceptive means to collect or attempt to col- lect any debt or to obtain information con- cerning a consumer. (11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is at- tempting to collect a debt and that any infor- mation obtained will be used for that purpose, and the failure to disclose in subsequent com- munications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. (12) The false representation or implication that accounts have been turned over to inno- cent purchasers for value. (13) The false representation or implication that documents are legal process. (14) The use of any business, company, or or- ganization name other than the true name of the debt collector’s business, company, or or- ganization. (15) The false representation or implication that documents are not legal process forms or do not require action by the consumer. (16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a(f) of this title. (Pub. L. 90–321, title VIII, § 807, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 877; amended Pub. L. 104–208, div. A, title II, § 2305(a), Sept. 30, 1996, 110 Stat. 3009–425.) Editorial Notes AMENDMENTS 1996—Par. (11). Pub. L. 104–208 amended par. (11) gen- erally. Prior to amendment, par. (11) read as follows: ‘‘Except as otherwise provided for communications to acquire location information under section 1692b of this title, the failure to disclose clearly in all communica- tions made to collect a debt or to obtain information about a consumer, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title II, § 2305(b), Sept. 30, 1996, 110 Stat. 3009–425, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect 90 days after the date of enactment of this Act [Sept. 30, 1996] and shall apply to all communica- tions made after that date of enactment.’’ 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 A debt collector may not use unfair or uncon- scionable means to collect or attempt to collect any debt. Without limiting the general applica- tion 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 agree- ment creating the debt or permitted by law. (2) The acceptance by a debt collector from any person of a check or other payment in- Page 1638 TITLE 15—COMMERCE AND TRADE § 1692g strument postdated by more than five days un- less 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 pay- ment instrument for the purpose of threat- ening 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 non- judicial action to effect dispossession or dis- ablement 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 regard- ing 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. (Pub. L. 90–321, title VIII, § 808, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 879.) 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. § 1692g. Validation of debts (a) Notice of debt; contents Within five days after the initial communica- tion with a consumer in connection with the collection of any debt, a debt collector shall, un- less the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written no- tice containing— (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any por- tion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty- day period that the debt, or any portion there- of, is disputed, the debt collector will obtain verification of the debt or a copy of a judg- ment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (b) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer re- quests the name and address of the original creditor, the debt collector shall cease collec- tion of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection ac- tivities and communications that do not other- wise violate this subchapter may continue dur- ing the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any por- tion of the debt, is disputed or that the con- sumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the dis- closure of the consumer’s right to dispute the debt or request the name and address of the original creditor. (c) Admission of liability The failure of a consumer to dispute the valid- ity of a debt under this section may not be con- strued by any court as an admission of liability by the consumer. (d) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of sub- section (a). (e) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [15 U.S.C. 6801 et seq.], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provi- sion of law, shall not be treated as an initial communication in connection with debt collec- tion for purposes of this section. (Pub. L. 90–321, title VIII, § 809, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 879; amended Pub. L. 109–351, title VIII, § 802, Oct. 13, 2006, 120 Stat. 2006.) Editorial Notes REFERENCES IN TEXT The Gramm-Leach-Bliley Act, referred to in subsec. (e), is Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1338. Title V of the Act is classified principally to chapter 94 (§ 6801 et seq.) of this title. For complete classification of