LAWDOG Fair Debt Collection Practices
Act
MORE DETAIL: Dispossession
Or Threatening Dispossession Without Right
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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.
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(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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![[FTC Staff Commentary]](oftc5.gif)
Section 808(6) prohibits taking nonjudicial action
to enforce a security interest on property, or threatening to do so, where
(A) there is no present right to the collateral, (B) there is no present
intent to exercise such rights, or (C) the property is exempt by law.
1. Security Enforcers. Because the FDCPA's
definition of "debt collection" includes parties whose principal
business is enforcing security interests only for section 808(6) purposes,
such parties (if they do not otherwise fall within the definition) are
subject only to this provision and not to the rest of the FDCPA.
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