No 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. (1) Harass, oppress, or abuse a borrower by:

   1. (a) Using any threat of violence or harm;
   2. (b) Publishing a list of names of borrowers who refuse to pay their debts absent providing such information to credit reporting companies;
   3. (c) Using obscene or profane language; or
   4. (d) Repeatedly using the phone with the intent to annoy borrowers;

2. (2) Use any false statement when attempting to collect a debt by falsely:

   1. (a) Claiming to be an attorney or government representative;
   2. (b) Claiming that the borrower has committed a crime;
   3. (c) Representing that the licensee operates or any person employed by the licensee works for a credit reporting company;
   4. (d) Representing the amount the borrower owes;
   5. (e) Representing the nature and character of any forms sent to the borrower in order to collect a debt;
   6. (f) Indicating that the borrower will be arrested if the debt isn't paid;
   7. (g) Using a company name;
   8. (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;
   9. (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. (3) Give false credit information about the borrower to anyone, including a credit reporting company;
4. (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. (5) Deposit a post-dated check early;
6. (6) Take or threaten to take the borrower's property unless it can be done legally; or
7. (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).

Source: SL 2015, ch 242 , § 6; SL 2020, ch 171 , § 5.