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This bill covers any person who, in the course of business, regularly, on behalf of himself or others, engages in debt collection from consumers.
Any violation may result in an individual action for actual damages as well as penalties from $100.00 to $1,000.00 if the violation is willful and knowing. Your responsibilities as a debt collector are as follows:
You may not:
1. Use obscene language.
2. Use or threaten to use physical force.
3. Threaten Garnishment of wages or seizure of property, unless an action that would result in these activities is permitted by law, and is, in fact, contemplated by the debt collector. If you threaten to sue, you had better sue.
4. Place phone calls without disclosing your identity.
5.
Cause expense to debtor for long distance phone calls,
telegrams, or other communications, by misrepresenting the purpose of the
communication.
a. Cause the phone to ring repeatedly so as to annoy the person being called.
6. Communicate with employers. Essentially, unless you have prior written consent from the debtor, you must write to an employer to obtain any information. The only exception is one (1) oral contact prior to writing to verify employment only.
7. Communicate with anyone but the debtor about the nature of the call (3rd party disclosure). Spouses are acceptable, as are parents (guardians) when the debtor is a minor.
8. Represent yourself as anyone other than who you are.
a. “Blacklist”. That is, you cannot publish or post a list of debtors.
b. Contact a debtor at work if he has told you not to. You may call one (1 time.)
There are responsibilities for the debtors as well. No person shall apply for credit when he does not intend to pay the bill. Nor shall he submit false information to obtain credit. However, there is no penalty for a debtor who violates these provisions. That is unfair, but you can, at least, inform the debtor that he is in violation of the law if he commits an act that is not permitted by this legislation.
In summary:
No threats
No bluffing
No false representations
No bluffing
No harassment
No Unlawful disclosure
