Fair Debt Collection Practices Act

Fair Debt Collection Practices Act (FDCPA) - Section 808


Section 808 of the Fair Debt Collection Practices Act (FDCPA).

The Fair Debt Collection Practices Act - Section 808

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.


The Fair Debt Collection Practices Act (FDCPA) Main Page

801.  Short Title
802.  Congressional findings and declaration of purpose
803.  Definitions
804.  Acquisition of location information
805.  Communication in connection with debt collection
806.  Harassment or abuse
807.  False or misleading representations
808.  Unfair practice
809.  Validation of debts
810.  Multiple debts
811.  Legal actions by debt collectors
812.  Furnishing certain deceptive forms
813.  Civil liability
814.  Administrative enforcement
815.  Reports to Congress by the Commission
816.  Relation to State laws
817.  Exemption for State regulation
818.  Effective date
Endnotes

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