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Prohibited Conduct
1. Hours for Phone Contact - contacting consumers by telephone outside of the hours of 8:00 a.m to 9:00 p.m. local time
2. Contact after being asked to stop - contacting consumers in any way (other than litigation) after receiving written notice that said consumer wishes no further contact or refuses to pay the alleged debt, with certain exceptions, including advising that collection efforts are being terminated or that the collector intends to file a lawsuit or pursue other remedies where permitted
3. Causing a Telephone to ring or engaging any person in telephone conversation repeatedly or continuously - with intent to annoy, abuse, or harass any person at the called number.
4. Contacting consumer known to be represented by an attorney
5. Contacting consumer after request for validation - contacting the consumer or pursuing collection efforts by the debt collector after receipt of a consumer's written request for verification of a debt ( or for the name and address of the original creditor on a debt) and before the debt collector mails the consumer the requested verification or original creditor's name and address
6. Misrepresentation or Deceit - misrepresenting the debt or using deception to collect the debt, including a debt collector's misrepresentation that he or she is an attorney or law enforcement officer
7. Publishing the consumer's name or address on a bad debt list
8. Seeking unjustified amounts - which would include demanding any amounts not permitted under an applicable contract or as provided under applicable law
9. threatening arrest or legal action - that is either not permitted or not actually contemplated
10. Abusive or profane language - used in the course of communication related to the debt
11. Contact with third parties - revealing or discussing the nature of debts with third parties (other than the consumer's spouse or attorney) or threatening such action
12. Contact by embarrassing media - such as communicating with a consumer regarding a debt by post card, or 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 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
13. Reporting false information on a consumer's credit report or threatening to do so in the process of collection
Required Conduct
1. Identify themselves and notify the consumer - in every communication, that the communication is from a debt collector, and that information received will be used to effect collection of the debt
2. Give the name and address of the original creditor (company to which the debt was originally payable) upon the consumer's written request made within 30 days of receipt of the validation notice
3. Notify the Consumer of the right to dispute the debt, in part or in full, with the debt collector. This so called 30 day validation notice is required to be sent by debt collectors within 5 days of the initial communication with the consumer, the consumer's receipt of this notice start's the clock running on the 30-day right to demand validation of the debt from the debt collector.
4. Provide verification of the debt - if a consumer sends a written dispute or request for verification within 30 days of receiving the validation notice, then the debt collector must either mail the consumer the requested validation information or cease collection efforts altogether. Such asserted disputes must also be reported by the creditor to any credit bureau that reports the debt. Consumer's may still dispute a debt verbally or after the 30 day period has elapsed, but doing so waives the right to compel the debt collector to produce verification of the debt. Verification should include at a minimum the amount owed and the name and address of the original creditor.
5. File a Lawsuit in proper venue - a debt collector may file a lawsuit, if at all, only in a place where the consumer lives or signed the contract