§ 19-14.9-7. 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. Such false or misleading means
shall include, but not be limited to:
(a) The false representation or implication that the debt collector is vouched for, bonded
by, or affiliated with the United States or any state, including the use of any badge,
uniform, or facsimile thereof;
(b) The false representation of:
(1) The character, amount, or legal status of any debt;
(2) Any services rendered or compensation that may be lawfully received by any debt collector
for the collection of a debt;
(c) The false representation or implication that any individual is an attorney or that
any communication is from an attorney;
(d) The representation or implication that nonpayment of any debt will result in the arrest
or imprisonment of any person or the seizure, garnishment, attachment, or sale of
any property or wages of any person unless such action is lawful and the debt collector
or creditor intends to take such action;
(e) The threat to take any action that cannot legally be taken or that is not intended
to be taken;
(f) The false representation or implication that a sale, referral, or other transfer of
any interest in a debt shall cause the consumer to:
(1) Lose any claim or defense to payment of the debt;
(2) Become subject to any practice prohibited by this chapter;
(g) The false representation or implication that the consumer committed any crime or other
conduct in order to disgrace the consumer;
(h) The communicating, or threatening to communicate, to any person credit information
that is known or that should be known to be false, including the failure to communicate
that a disputed debt is disputed;
(i) The use of distribution of any written communication that simulates or is falsely
represented to be a document authorized, issued, or approved by any court, official,
or agency of the United States or any state, or that creates a false impression as
to its source, authorization, or approval;
(j) The use of any false representation or deceptive means to collect, or attempt to collect,
any debt or to obtain information concerning a consumer;
(k) The failure to disclose in the initial written communication with the consumer and,
in addition, if the initial communication with the consumer is oral, in that initial
oral communication, that the debt collector is attempting to collect a debt and that
any information obtained will be used for that purpose, and the failure to disclose
in subsequent communications that the communication is from a debt collector, except
that this paragraph shall not apply to a formal pleading made in connection with a
legal action;
(l) The false representation or implication that accounts have been turned over to innocent
purchasers for value;
(m) The false representation or implication that documents are legal process;
(n) The use of any business, company, or organization name other than the true name of
the debt collector's business, company, or organization;
(o) The false representation or implication that documents are not legal process forms
or do not require action by the consumer;
(p) Communicating by telephone without disclosure of the name of the debt collector and
without disclosure of the personal name of the individual making such communication;
provided, however, that any such individual utilizing an alias shall use only one
such alias at all times and provided that a mechanism is established by the debt collector
to identify the person using such alias; the debt collector shall submit a list of
all such aliases and the persons using same to the director;
(q) The false representation or implication that a debt collector operates or is employed
by a consumer reporting agency.