Section 54-4-77 - Debt collection-ProhibitionsNo person employed by a licensee to collect or attempt to collect any debt owed or due or asserted to be owed or due may:
(1) Harass, oppress, or abuse a borrower by: (a) Using any threat of violence or harm;(b) Publishing a list of names of borrowers who refuse to pay their debts absent providing such information to credit reporting companies;(c) Using obscene or profane language; or(d) Repeatedly using the phone with the intent to annoy borrowers;(2) Use any false statement when attempting to collect a debt by falsely:(a) Claiming to be an attorney or government representative;(b) Claiming that the borrower has committed a crime;(c) Representing that the licensee operates or any person employed by the licensee works for a credit reporting company;(d) Representing the amount the borrower owes;(e) Representing the nature and character of any forms sent to the borrower in order to collect a debt;(f) Indicating that the borrower will be arrested if the debt isn't paid;(g) Using a company name;(h) Indicating that the licensee will seize, garnish, attach, or sell a borrower's property or wages unless the licensee is permitted by law to take the action and the licensee intends to do so;(i) Indicating that legal action will be taken against the borrower, if doing so would be illegal or if the licensee does not intend to take the action;(3) Give false credit information about the borrower to anyone, including a credit reporting company;(4) Attempt to collect any interest, fee, or other charge on top of the amount a borrower owes unless the contract that created the debt or state law allows the charge;(5) Deposit a post-dated check early;(6) Take or threaten to take the borrower's property unless it can be done legally; or(7) Cause misleading information to be transmitted to users of caller identification technologies or otherwise block or misrepresent the identity of the caller or entity as described in subdivision 37-24-6(16).SL 2015, ch 242, §6; SL 2020, ch 171, §5.Amended by S.L. 2020, ch. 171,s. 5, eff. 7/1/2020.Added by S.L. 2015, ch. 242,s. 6, eff. 7/1/2015.