LAWDOG Fair Debt Collection Practices
Act
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Section 806
Harassment or abuse
A debt collector may not engage in any conduct the natural consequence
of which is to harass, oppress, or abuse any person in connection with
the collection of a debt. Without limiting the general application of the
foregoing, the following 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) 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 repeatedly or continuously with intent to annoy, abuse, or
harass any person at the called number.
(6) Except as provided in section 1692b of this title, the placement
of telephone calls without meaningful disclosure of the caller's identity.
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Section 808
Unfair practices
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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Section 810
Multiple debts
If any consumer owes multiple debts and makes any single payment
to any debt collector with respect to such debts, such debt collector may
not apply such payment to any debt which is disputed by the consumer and,
where applicable, shall apply such payment in accordance with the consumer's
directions.
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Section 811
Legal actions by debt collectors
(a) Any debt collector who brings any legal action on a debt against
any consumer shall--
(1) in the case of an action to enforce an interest in real property
securing the consumer's obligation, bring such action only in a judicial
district or similar legal entity in which such real property is located;
or
(2) in the case of an action not described in paragraph (1), bring
such action only in the judicial district or similar legal entity--
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of this action.
(b) Nothing in this subchapter shall be construed to authorize the
bringing of legal actions by debt collectors.
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Section 812
Furnishing certain deceptive forms
(a) It is unlawful to design, compile, and furnish any form knowing
that such form would be used to create the false belief in a consumer that
a person other than the creditor of such consumer is participating in the
collection of or in an attempt to collect a debt such consumer allegedly
owes such creditor, when in fact such person is not so participating.
(b) Any person who violates this section shall be liable to the same
extent and in the same manner as a debt collector is liable under section
1692k of this title for failure to comply with a provision of this subchapter.
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