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Unfair or Unconscionable Means to Collect
LAWDOG is intended to assist in the understanding of basic concepts. See Disclaimer. Always obtain legal advice from legal professionals.
Identification On Mail Or Telegram As A Collector
A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. This includes 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. See Section 808 (8) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.
Nothing Which Indicates Collection Business
A portion of the FTC Official Staff Commentary on the Fair Debt Collection Practices Act reproduced here for illustration purposes only, includes the following:
" A debt collector may not put on his envelope any business name with "debt" or "collector" in it, or any other name that indicates he is in the debt collection business. A debt collector may not use the American Collectors Association logo on an envelope."
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.
