Rules & Regulations of the State of Tennessee
Title 0320 - Collection Service Board
Chapter 0320-05 - Standards of Practice
Section 0320-05-.05 - FALSE OR MISLEADING REPRESENTATIONS
Universal Citation: TN Comp Rules and Regs 0320-05-.05
Current through April 3, 2024
(1) A debt collector or collection service may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of this prohibition, the following conduct is a violation of this section:
(a) The false
representation or implication that the debt collector or collection service is
vouched for, bonded by, or affiliated with the United States or State of
Tennessee, including the use of any badge, uniform, or facsimile
thereof.
(b) The false
representation of:
1. The character, amount,
or legal status of any debt; or
2.
Any services rendered or compensation that may be lawfully received by any debt
collector or collection service for the collection of a debt.
(c) The false representation or
implication that any individual is an attorney or that any communication is
from an attorney.
(d) The
representation or implication 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 to take such action.
(e) The threat to take any action that cannot
legally be taken or that is not intended to be taken.
(f) The false representation or implication
that a sale, referral, or other transfer of any interest in a debt shall cause
the consumer to:
1. Lose any claim or defense
to payment of the debt; or
2.
Become subject to any practice prohibited by this rule.
(g) The false representation or implication
that the consumer committed any crime or other conduct, which false
representation or implication is made to disgrace the consumer.
(h) Communicating or threatening to
communicate to any person credit information that is known or that should be
known to be false, including the failure to communicate that a disputed debt is
disputed.
(i) The use or
distribution of any written communication that simulates or is falsely
represented to be a document authorized, issued, or approved by any court,
official, or agency of the United States or State of Tennessee, or which
creates a false impression as to its source, authorization, or
approval.
(j) The use of any false
representation or deceptive means to collect or attempt to collect any debt or
to obtain information concerning a consumer.
(k) The failure to disclose in the initial
communication with the consumer, whether written or oral, that the debt
collector is attempting to collect a debt and that any information obtained
will be used for that purpose, and the failure to disclose in subsequent
communications that the communication is from a debt collector, except that
this paragraph shall not apply to a formal pleading made in connection with a
legal action.
(l) The false
representation or implication that accounts have been turned over to innocent
purchasers for value.
(m) The false
representation or implication that documents are legal process.
(n) The use of any business, company, or
organization name other than the registered name of the debt collector or
collection service's business, company, or organization.
(o) The false representation or implication
that documents are not legal process forms or do not require action by the
consumer.
(p) The false
representation or implication that a debt collector operates or is employed by
a consumer reporting agency.
Authority: T.C.A. § 62-20-104(g).
Disclaimer: These regulations may not be the most recent version. Tennessee 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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