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32 §11011. Acquisition of location information

§11011. Acquisition of location information 1.  Communication with person other than consumer.  Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall:   A. Identify himself; state that he is confirming or correcting location information concerning the consumer; and, only if expressly requested, […]

32 §11012. Communication in connection with debt collection

§11012. Communication in connection with debt collection 1.  Communication with the consumer generally.  Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt:   A. […]

32 §11013. Prohibited practices

§11013. Prohibited practices 1.  Harassment or abuse.  A debt collector may not engage in any conduct, the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt. Without limiting the general application of this subsection, the following conduct is a violation of this section:   […]

32 §11014. Validation of debts

§11014. Validation of debts 1.  Written notice.  Within 5 days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing:   A. […]

32 §11015. Multiple debts

§11015. Multiple debts If any consumer owes multiple debts and makes any single payment to any debt collector with respect to the debts, the debt collector may not apply that payment to any debt which is disputed by the consumer and, where applicable, shall apply that payment in accordance with the consumer’s directions.   [PL […]

32 §11016. Furnishing certain deceptive forms

§11016. Furnishing certain deceptive forms 1.  Unlawful activity.  It is unlawful to design, compile and furnish any form knowing that the form would be used to create the false belief in a consumer that a person other than the creditor of the consumer is participating in the collection of or in an attempt to collect […]

32 §11017. Repossession activity

§11017. Repossession activity 1.  Right to take possession after default.  Except in the case of a residential real estate property preservation provider, a debt collector acting on behalf of a creditor may take possession of collateral only if possession can be taken without entry into a dwelling, unless that entry has been authorized after default […]

32 §11018. Privacy of consumer financial information

§11018. Privacy of consumer financial information A collection agency or repossession company shall comply with the provisions of the federal Gramm-Leach-Bliley Act, 15 United States Code, Section 6801 et seq. (1999) and the applicable implementing federal Privacy of Consumer Information regulations, as adopted by the Office of the Comptroller of the Currency, 12 Code of […]

32 §11019. Collection action by debt buyer

§11019. Collection action by debt buyer 1.  Complaint; required allegations.  A debt buyer may not initiate a collection action against a consumer unless the debt buyer alleges all of the following information in the complaint:   A. The information described in section 11013, subsection 9, including that the debt buyer possesses the documentation described in […]

32 §11021. Collection actions prohibited in small claims court

§11021. Collection actions prohibited in small claims court A debt collector may not commence a collection action against a consumer to collect a debt in small claims court pursuant to Title 14, chapter 738.   [PL 2021, c. 245, Pt. F, §3 (NEW).] SECTION HISTORY PL 2021, c. 245, Pt. F, §3 (NEW).