§443B-18  Fraudulent, deceptive, or
misleading representations.  No collection agency shall use any fraudulent,
deceptive, or misleading representation or means to collect, or attempt to
collect, claims or to obtain information concerning a debtor or alleged debtor,
including any conduct which is described as follows:



(1)  The use of any company name while engaged in the
collection of claims other than the true name of the collection agency;



(2)  The failure to disclose clearly:



(A)  In the initial written and initial oral
communication made to collect, or attempt to collect, a claim or to obtain, or
attempt to obtain, information about a debtor or alleged debtor that the
collection agency is attempting to collect a claim and that any information
obtained will be used for that purpose; and



(B)  In subsequent communications that the
communication is from a debt collector;



provided that this paragraph shall not apply
to a formal pleading made in connection with a legal action;



(3)  Any false representation that the collection
agency has in its possession information or something of value for the debtor
or alleged debtor that is made to solicit or discover information about the
debtor or alleged debtor;



(4)  The failure to disclose clearly the name and full
business address of the person to whom the claim has been assigned for
collection or to whom the claim is owed at the time of making any demand for
money;



(5)  Any false representation or implication of the
character, extent, or amount of a claim against a debtor or alleged debtor, or
of its status in any legal proceeding;



(6)  Any false representation or false impression that
any collection agency is vouched for, bonded by, affiliated with, or an
instrumentality, agent, or official of, this State or any agency of federal,
state, or local government;



(7)  The use or distribution or sale of any written
communication which simulates or is falsely represented to be a document
authorized, issued, or approved by a court, an official, or any other legally
constituted or authorized authority, or which creates a false impression about
its source, authorization, or approval;



(8)  Any representation that an existing obligation of
the debtor or alleged debtor may be increased by the addition of attorney's
fees, investigation fees, service fees, and any other fees or charges when in
fact the fees or charges may not legally be added to the existing obligations;
or



(9)  Any false representation or false impression
about the status or true nature of, or the services rendered by, the collection
agency or its business. [L 1987, c 191, pt of §1; am L 2001, c 25, §1]