Section 54-4-77 - Debt collection--Prohibitions

54-4-77. Debt collection--Prohibitions.No person employed by a licensee to collect or attempt to collect any debt owed or due or asserted to be owed or due may:(1)Harass, oppress, or abuse a borrower by:(a)Using any threat of violence or harm;(b)Publishing a list of names of borrowers who refuse to pay their debts absent providing such information to credit reporting companies;(c)Using obscene or profane language; or(d)Repeatedly using the phone with the intent to annoy borrowers;(2)Use any false statement when attempting to collect a debt by falsely:(a)Claiming to be an attorney or government representative;(b)Claiming that the borrower has committed a crime;(c)Representing that the licensee operates or any person employed by the licensee works for a credit reporting company;(d)Representing the amount the borrower owes;(e)Representing the nature and character of any forms sent to the borrower in order to collect a debt;(f)Indicating that the borrower will be arrested if the debt isn't paid;(g)Using a company name;(h)Indicating that the licensee will seize, garnish, attach, or sell a borrower's property or wages unless the licensee is permitted by law to take the action and the

n't paid;(g)Using a company name;(h)Indicating that the licensee will seize, garnish, attach, or sell a borrower's property or wages unless the licensee is permitted by law to take the action and the licensee intends to do so;(i)Indicating that legal action will be taken against the borrower, if doing so would be illegal or if the licensee does not intend to take the action;(3)Give false credit information about the borrower to anyone, including a credit reporting company;(4)Attempt to collect any interest, fee, or other charge on top of the amount a borrower owes unless the contract that created the debt or state law allows the charge;(5)Deposit a post-dated check early;(6)Take or threaten to take the borrower's property unless it can be done legally; or(7)Cause misleading information to be transmitted to users of caller identification technologies or otherwise block or misrepresent the identity of the caller or entity as described in subdivision 37-24-6 (16). Source: SL 2015, ch 242, §6; SL 2020, ch 171, § 5.