No collection agency shallcollect or attempt to collect any debt by use of any unfair practices. Suchpractices include, but are not limited to, the following:
(1) Seeking or obtainingany written statement or acknowledgment in any form containing an affirmationof any debt by a consumer who has been declared bankrupt, an acknowledgment ofany debt barred by the statute of limitations, or a waiver of any legal rightsof the debtor without disclosing the nature and consequences of suchaffirmation or waiver and the fact that the consumer is not legally obligatedto make such affirmation or waiver.
(2) Collecting orattempting to collect from the consumer all or any part of the collectionagency's fee or charge for services rendered, collecting or attempting tocollect any interest or other charge, fee or expense incidental to theprincipal debt unless legally entitled to such fee or charge.
(3) Communicating with aconsumer whenever the collection agency has been notified by the consumer'sattorney that he represents said consumer.
(4) When the collectionagency is a debt buyer or is acting on behalf of a debt buyer, bringing suit orinitiating an arbitration proceeding against the debtor or otherwise attemptingto collect on a debt when the collection agency knows, or reasonably shouldknow, that such collection is barred by the applicable statute of limitations.
(5) When the collectionagency is a debt buyer or acting on behalf of a debt buyer, bringing suit orinitiating an arbitration proceeding against the debtor, or otherwiseattempting to collect on the debt without (i) valid documentation that the debtbuyer is the owner of the specific debt instrument or account at issue and (ii)reasonable verification of the amount of the debt allegedly owed by the debtor.For purposes of this subdivision, reasonable verification shall includedocumentation of the name of the original creditor, the name and address of thedebtor as appearing on the original creditor's records, the original consumeraccount number, a copy of the contract or other document evidencing theconsumer debt, and an itemized accounting of the amount claimed to be owed,including all fees and charges.
(6) When the collectionagency is a debt buyer or acting on behalf of a debt buyer, bringing suit orinitiating an arbitration proceeding against the debtor to collect on a debtwithout first giving the debtor written notice of the intent to file a legalaction at least 30 days in advance of filing. The written notice shall includethe name, address, and telephone number of the debt buyer, the name of theoriginal creditor and the debtor's original account number, a copy of thecontract or other document evidencing the consumer debt, and an itemizedaccounting of all amounts claimed to be owed.
(7) Failing to complywith Part 5 of this Article. (1979, c. 835; 2009‑573, s. 5.)
No collection agency shallcollect or attempt to collect any debt by use of any unfair practices. Suchpractices include, but are not limited to, the following:
(1) Seeking or obtainingany written statement or acknowledgment in any form containing an affirmationof any debt by a consumer who has been declared bankrupt, an acknowledgment ofany debt barred by the statute of limitations, or a waiver of any legal rightsof the debtor without disclosing the nature and consequences of suchaffirmation or waiver and the fact that the consumer is not legally obligatedto make such affirmation or waiver.
(2) Collecting orattempting to collect from the consumer all or any part of the collectionagency's fee or charge for services rendered, collecting or attempting tocollect any interest or other charge, fee or expense incidental to theprincipal debt unless legally entitled to such fee or charge.
(3) Communicating with aconsumer whenever the collection agency has been notified by the consumer'sattorney that he represents said consumer.
(4) When the collectionagency is a debt buyer or is acting on behalf of a debt buyer, bringing suit orinitiating an arbitration proceeding against the debtor or otherwise attemptingto collect on a debt when the collection agency knows, or reasonably shouldknow, that such collection is barred by the applicable statute of limitations.
(5) When the collectionagency is a debt buyer or acting on behalf of a debt buyer, bringing suit orinitiating an arbitration proceeding against the debtor, or otherwiseattempting to collect on the debt without (i) valid documentation that the debtbuyer is the owner of the specific debt instrument or account at issue and (ii)reasonable verification of the amount of the debt allegedly owed by the debtor.For purposes of this subdivision, reasonable verification shall includedocumentation of the name of the original creditor, the name and address of thedebtor as appearing on the original creditor's records, the original consumeraccount number, a copy of the contract or other document evidencing theconsumer debt, and an itemized accounting of the amount claimed to be owed,including all fees and charges.
(6) When the collectionagency is a debt buyer or acting on behalf of a debt buyer, bringing suit orinitiating an arbitration proceeding against the debtor to collect on a debtwithout first giving the debtor written notice of the intent to file a legalaction at least 30 days in advance of filing. The written notice shall includethe name, address, and telephone number of the debt buyer, the name of theoriginal creditor and the debtor's original account number, a copy of thecontract or other document evidencing the consumer debt, and an itemizedaccounting of all amounts claimed to be owed.
(7) Failing to complywith Part 5 of this Article. (1979, c. 835; 2009‑573, s. 5.)
No collection agency shallcollect or attempt to collect any debt by use of any unfair practices. Suchpractices include, but are not limited to, the following:
(1) Seeking or obtainingany written statement or acknowledgment in any form containing an affirmationof any debt by a consumer who has been declared bankrupt, an acknowledgment ofany debt barred by the statute of limitations, or a waiver of any legal rightsof the debtor without disclosing the nature and consequences of suchaffirmation or waiver and the fact that the consumer is not legally obligatedto make such affirmation or waiver.
(2) Collecting orattempting to collect from the consumer all or any part of the collectionagency's fee or charge for services rendered, collecting or attempting tocollect any interest or other charge, fee or expense incidental to theprincipal debt unless legally entitled to such fee or charge.
(3) Communicating with aconsumer whenever the collection agency has been notified by the consumer'sattorney that he represents said consumer.
(4) When the collectionagency is a debt buyer or is acting on behalf of a debt buyer, bringing suit orinitiating an arbitration proceeding against the debtor or otherwise attemptingto collect on a debt when the collection agency knows, or reasonably shouldknow, that such collection is barred by the applicable statute of limitations.
(5) When the collectionagency is a debt buyer or acting on behalf of a debt buyer, bringing suit orinitiating an arbitration proceeding against the debtor, or otherwiseattempting to collect on the debt without (i) valid documentation that the debtbuyer is the owner of the specific debt instrument or account at issue and (ii)reasonable verification of the amount of the debt allegedly owed by the debtor.For purposes of this subdivision, reasonable verification shall includedocumentation of the name of the original creditor, the name and address of thedebtor as appearing on the original creditor's records, the original consumeraccount number, a copy of the contract or other document evidencing theconsumer debt, and an itemized accounting of the amount claimed to be owed,including all fees and charges.
(6) When the collectionagency is a debt buyer or acting on behalf of a debt buyer, bringing suit orinitiating an arbitration proceeding against the debtor to collect on a debtwithout first giving the debtor written notice of the intent to file a legalaction at least 30 days in advance of filing. The written notice shall includethe name, address, and telephone number of the debt buyer, the name of theoriginal creditor and the debtor's original account number, a copy of thecontract or other document evidencing the consumer debt, and an itemizedaccounting of all amounts claimed to be owed.
(7) Failing to complywith Part 5 of this Article. (1979, c. 835; 2009‑573, s. 5.)
