§ 1692f. — Unfair practices.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1692f]
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER V--DEBT COLLECTION PRACTICES
Sec. 1692f. 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:
(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.
(Pub. L. 90-321, title VIII, Sec. 808, as added Pub. L. 95-109, Sept.
20, 1977, 91 Stat. 879.)
Section Referred to in Other Sections
This section is referred to in section 1692a of this title.
