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.
[15 USC 1692f.]
