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LAWDOG Fair Debt Collection Practices Act

Unfair or Unconscionable Means to Collect


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Depositing Or Threatening To Deposit Postdated Check Prior To Date

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. This includes depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. See Section 808 (4) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

Misuse of Postdated Checks

A portion of the FTC Official Staff Commentary on the Fair Debt Collection Practices Act reproduced here for illustration purposes only, includes the following:

Prohibited Actions Not Limited To Listed Examples

Section 808 of the Fair Debt Collection Practices Act prohibits a debt collector from using "unfair or unconscionable means" in debt collection activity. It provides eight examples of these unfair practices. However, prohibited actions are not limited to the eight subsections listed as examples of activities that violate this provision. See each of the other illustrations from the previous menu.


A copy of the Fair Debt Collection Practices Act is reproduced for illustration purposes only here. A copy the FTC Official Staff Commentary on the Fair Debt Collection Practices Act is reproduced for illustration purposes only here. Read Sources and Disclaimer. Links do not return to this page. Use browser "back" button to return.



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