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
--
(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.
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