Harassing or Abusive Tactics

Debt collection agencies are prohibited from engaging in the following harassing or abusive practices:

  • using or threatening to use violence or criminal means to harm you;
  • using obscene or profane language;
  • advertising your debt for sale;
  • telephoning you repeatedly or continuously with the intent to annoy or harass; or
  • placing telephone calls without meaningful disclosures of their identity.

False or Misleading Representations: Debt collection agencies are prohibited from:

  • making false representations that they are government representatives;
  • making false representations that they will seize, garnish or sell any property or wages unless such action is lawful;
  • making false representations that you have committed a crime or that you will be arrested or imprisoned;
  • making false representations that papers resembling official documents are from a court or governmental agency, when they are not;
  • making false representations about the amount of the debt;
  • making false representations that the debt collector is employed by a credit bureau;
  • making false representations that they are attorneys or that there is the involvement of an attorney in collecting a debt;
  • making threats to communicate false credit information with any other person; or
  • using a false business name.

Other Prohibited Practices: Debt collection agencies are prohibited from:

  • collecting an amount greater than what you owe;
  • depositing a post-dated check prior to the date on the check;
  • contacting you by postcard;
  • threatening to take possession of your property through non-judicial action, when there is no right to do so.

 

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