3 Alaska Admin. Code § 01.210

Current through December 21, 2024

Section 3 AAC 01.210 - Communications in debt collection

(a) A creditor may not communicate with a debtor regarding the collection of a debt without the prior written consent of the debtor or pursuant to an order by a court of competent jurisdiction

(1) after written notification from an attorney representing the debtor that all further communications regarding the loan must be addressed to the attorney, unless the attorney fails to respond within a reasonable time to the creditor's inquiries regarding the debt or the attorney consents to direct communication with the debtor;

(2) at the debtor's place of employment unless the debtor's employer permits employees to receive those communications during working hours.

(b) Any creditor communicating with any person for the purpose of acquiring information regarding the whereabouts of the debtor, e.g., the debtor's residence, telephone number, or place of employment, may not in any way use a form of communication or otherwise indicate that the debtor owes any debt.

(c) A creditor who has assigned an alleged debt to a credit reporting agency shall, upon receipt of a written notice from the debtor that any part of the alleged debt is disputed, forward a copy of the written notice to the credit reporting agency.

(d) A creditor may not

(1) take or threaten to take any nonjudicial action to effect dispossession or disablement of property if

(A) there is no present right to possession of the property through an enforceable security interest;

(B) in the case of a threat, there is no present intention to effect dispossession or disablement of the property;

(C) the property is exempted by law from dispossession or disablement;

(2) threaten to take any action which, if taken, would violate any law;

(3) obtain a signed confession of judgment, when permitted to do so by Alaska law, by deception or coercion or on a document which is not clearly labeled "Confession of Judgment."

3 AAC 01.210

Eff. 4/4/79, Register 70; am 12/21/2019, Register 232, January 2020

Authority:AS 06.05.005

AS 06.05.075

AS 06.15.010

AS 06.20.340

AS 06.50.550