15 U.S.C. § 1692d — Harassment or abuse

Page 1636 TITLE 15—COMMERCE AND TRADE § 1692c 1 See References in Text note below. or can readily ascertain, such attorney’s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt col- lector. (Pub. L. 90–321, title VIII, § 804, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 876.) 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. § 1692c. Communication in connection with debt collection (a) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the ex- press permission of a court of competent juris- diction, a debt collector may not communicate with a consumer in connection with the collec- tion of any debt— (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the con- trary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antemeridian and before 9 o’clock postmeridian, local time at the consumer’s location; (2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or (3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communica- tion. (b) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the ex- press permission of a court of competent juris- diction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer re- porting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. (c) Ceasing communication If a consumer notifies a debt collector in writ- ing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the con- sumer, the debt collector shall not communicate further with the consumer with respect to such debt, except— (1) to advise the consumer that the debt col- lector’s further efforts are being terminated; (2) to notify the consumer that the debt col- lector or creditor may invoke specified rem- edies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon re- ceipt. (d) ‘‘Consumer’’ defined For the purpose of this section, the term ‘‘con- sumer’’ includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator. (Pub. L. 90–321, title VIII, § 805, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 876.) 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. § 1692d. Harassment or abuse A debt collector may not engage in any con- duct the natural consequence of which is to har- ass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the fol- lowing conduct is a violation of this section: (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b(3) 1 of this title. (4) The advertisement for sale of any debt to coerce payment of the debt. (5) Causing a telephone to ring or engaging any person in telephone conversation repeat- edly or continuously with intent to annoy, abuse, or harass any person at the called num- ber. (6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity. (Pub. L. 90–321, title VIII, § 806, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 877.) Editorial Notes REFERENCES IN TEXT Section 1681b(3) of this title, referred to in par. (3), was redesignated section 1681b(a)(3) of this title by Pub. L. 104–208, div. A, title II, § 2403(a)(1), Sept. 30, 1996, 110 Stat. 3009–430. 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-