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Fair Debt Collection Practices Act
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#808.
Unfair practices [15 USC 1692f]
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 propose 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 --
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(A) there is no
present right to possession of the property claimed as collateral
through an enforceable security interest;
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(B) there is no
present intention to take possession of the property; or
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(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.
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