§ 32 §11013 — Prohibited practices

1.
Harassment or abuse.
A debt collector may not engage in any conduct, the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt. Without limiting the general application of this subsection, the following conduct is a violation of this section:
2.
False or misleading representations.
A debt collector may not use any false, deceptive or misleading representation or means in connection with the collection of any debt. Without limiting the general application of this subsection, the following conduct is a violation of this section:
3.
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 this subsection, the following conduct is a violation of this section:
4.
Reporting to consumer reporting agency.
A debt collector may not report solely in its own name any credit or debt information to a consumer reporting agency, as defined by Title 10, section 1308, subsection 3.
5.
Reporting certain unpaid medical expenses; court or administrative orders.
A debt collector may not report to a consumer reporting agency any credit or debt information regarding overdue medical expenses owed by a parent for a minor child if the debt collector is notified orally or in writing of the existence of a court order or administrative order identifying another person as the party responsible for payment of medical expenses for that minor child. In addition, a report may not be made until after the debt collector has notified, or made a good faith effort to notify, the responsible party of that party's obligation to pay the overdue medical expenses. The debt collector may request reasonable verification of the order, including requesting a certified copy of the order.
6.
Written requirement for payment schedule or settlement agreement.
A debt collector may not enter into a payment schedule or settlement agreement regarding a debt unless the payment schedule or settlement agreement is either documented in open court, approved by the court and included in a court order or otherwise reduced to writing. If a payment schedule or settlement agreement is not included in a court order, the debt collector shall provide a written copy of the payment schedule or settlement agreement to the consumer within 10 business days of entering into the payment schedule or settlement agreement and the consumer need not make a payment on the payment schedule or settlement agreement until the written copy has been provided in accordance with this subsection.
7.
Acting on time-barred debt.
A debt collector may not initiate a collection action when the debt collector knows or reasonably should know that the collection action is barred by the limitations period as set forth in subsection 8.
8.
Limitations period for debt collectors.
A debt collector may not commence a collection action more than 6 years after the date of the consumer's last activity on the debt. This limitations period applies notwithstanding any other applicable statute of limitations, unless a shorter limitations period is provided under the laws of this State. Notwithstanding any other provision of law, when the applicable limitations period expires, any subsequent payment toward, written or oral affirmation of or other activity on the debt does not revive or extend the limitations period.
9.
Required information.
A debt buyer may not collect or attempt to collect a debt unless the debt buyer possesses the following:
10.
Transfer of ownership of certain debts.
A debt buyer may not sell or otherwise transfer ownership of:
11.
(TEXT EFFECTIVE UNTIL 7/01/26) Collection action prohibited on debt from medical expenses if eligible for free or charity care.
If a debt collector has been notified, orally or in writing, by a creditor or the consumer of the consumer’s actual or potential qualification for free or charity care under guidelines adopted pursuant to Title 22, section 1716, a debt collector may not collect or attempt to collect a debt for medical expenses against a consumer who has been determined to be qualified for free or charity care under guidelines adopted pursuant to Title 22, section 1716 or against a consumer who would have been determined to be qualified for free or charity care under guidelines adopted pursuant to Title 22, section 1716 but did not apply for good cause. If the notification is provided to a debt collector, the debt collector shall suspend collection efforts until the creditor has notified the debt collector and the consumer that the consumer is not qualified for free or charity care and, in that case, the debt collector may renew debt collection efforts.
11.
(TEXT EFFECTIVE 7/01/26) Collection action prohibited on debt from medical expenses if eligible for charity care.
If a debt collector has been notified, orally or in writing, by a creditor or the consumer of the consumer's actual or potential qualification for charity care under Title 22, section 1716‑A, a debt collector may not collect or attempt to collect a debt for medical expenses against a consumer who has been determined to be qualified for charity care under Title 22, section 1716‑A or against a consumer who would have been determined to be qualified for charity care under Title 22, section 1716‑A but did not apply for good cause. If the notification is provided to a debt collector, the debt collector shall suspend collection efforts until the creditor has notified the debt collector and the consumer that the consumer is not qualified for charity care and, in that case, the debt collector may renew debt collection efforts.

Legislative History

PL 1985, c. 702, §2 (NEW). PL 1991, c. 453, §8 (AMD). PL 1991, c. 453, §10 (AFF). PL 1993, c. 365, §2 (AMD). PL 1997, c. 155, §§D1, 2 (AMD). PL 2009, c. 245, §8 (AMD). PL 2013, c. 588, Pt. C, §§16-18 (AMD). PL 2015, c. 272, §2 (AMD). PL 2017, c. 216, §5 (AMD). PL 2017, c. 216, §11 (AFF). PL 2017, c. 318, §1 (AMD). PL 2021, c. 245, Pt. E, §1 (AMD). PL 2023, c. 663, §§2-11 (AMD). PL 2025, c. 488, §5 (AMD). PL 2025, c. 488, §8 (AFF).