North Dakota Administrative Code
Title 13 - Department of Financial Institutions
Article 13-04 - Consumer Finance
Chapter 13-04-02 - Collection Agencies
Section 13-04-02-05 - Threats or coercion prohibited

Current through Supplement No. 392, April, 2024

No debt collector may collect or attempt to collect any debt by means of any threat, coercion, or attempt to coerce. Without limiting the general application of the foregoing, no debt collector may:

1. Use, or expressly or implicitly threaten the use of violence or other criminal means, to cause harm to the person, reputation, or property of any person.

2. Accuse or threaten to accuse any person of fraud or any other crime, or any conduct which, if true, would tend to disgrace such other person, or in any way subject the person to ridicule or any conduct which, if true, would tend to disgrace the person, or in any way subject the person to the ridicule or contempt of society.

3. Make to another person, including any credit reporting agency, false accusations, or threats of false accusations, that a debtor is willfully refusing to pay a just debt.

4. Threaten to sell or assign to another the obligation of the debtor with an attending representation or implication that the result of such sale or assignment would be that the debtor would lose any defense to the debt or would be subjected to harsh, vindictive, or abusive collection attempts.

5. Represent that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person, unless such action is lawful and the debt collector or creditor intends and is legally entitled to bring such action.

General Authority: NDCC 13-05-06

Law Implemented: NDCC 13-05-06

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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