Section 13-06-01-12 - Credit practicesAny deferred presentment service provider that contracts with a third-party collection service in an attempt to collect nonsufficient funds, account closed, stop payment orders, or any other returned checks shall provide in the contract a notice of the twenty dollar maximum allowed returned check charge collected per transaction.
A licensee while collecting or attempting to collect an alleged debt may not engage in any of the following acts:
1. Using or threatening to use force, violence, or physical harm to a customer or the customer's family or property.2. Threatening arrest or criminal prosecution when no basis for such action lawfully exists.3. Threatening the seizure, attachment, and sale of a customer's property when such action can only be taken pursuant to court order unless disclosure is made that prior court proceedings are required.4. Disclosing or threatening to disclose information adversely affecting a customer's reputation for creditworthiness with knowledge or reason to know such information is false.5. Threatening to initiate or initiating communication with a customer's employer.6. Communicating or threatening to communicate with a customer or the customer's family with such unreasonable frequency as to constitute harassment or at times reasonably considered to be unusual hours or known to be inconvenient.7. Using profane, obscene, or abusive language with a customer or the customer's family.8. Disclosing or threatening to disclose information relating to a customer's indebtedness to any other person except when such other person has a legitimate business need for the information.9. Disclosing or threatening to disclose information concerning the existence of a debt, which the licensee knows to be reasonably disputed by the customer, without disclosing the fact that the debt is disputed.10. Attempting or threatening to attempt enforcement of a right or remedy with knowledge or reason to know that the right or remedy does not exist.11. Using any form of communication simulating legal or judicial process which gives the appearance of being authorized, issued, or approved by a governmental agency or official or attorney at law when it is not.12. Using badges, uniforms, or other indicia of any governmental agency or official except as authorized by law.13. Misrepresenting the amount of the debt alleged to be owed.14. Representing that an alleged debt may be increased by the addition of attorney's fees, investigation fees, or any other fees or charges when there is no contractual or statutory authorization for such addition.N.D. Admin Code 13-06-01-12
Effective July 1, 2001; amended effective April 1, 2013.General Authority: NDCC 13-08-10
Law Implemented: NDCC 13-08-12