LAWDOG Fair Debt Collection Practices
Act
MORE DETAIL: Depositing
Or Threatening To Deposit Postdated Check Prior To Date
LAWDOG
is intended to assist in the understanding of basic concepts. See Disclaimer.
Always obtain legal advice from legal professionals.
A Portion of 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:...
(4) Depositing or threatening to deposit any
postdated check or other postdated payment instrument prior to the date
on such check or instrument.
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![[FTC Staff Commentary]](oftc5.gif)
Section 808(4) prohibits depositing a postdated
check prior to its date.
1. Postdated checks. These provisions
do not totally prohibit debt collectors from accepting postdated checks
from consumers, but rather prohibit debt collectors from misusing such
instrument.
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