Rules & Regulations of the State of Tennessee
Title 0320 - Collection Service Board
Chapter 0320-05 - Standards of Practice
Section 0320-05-.06 - UNFAIR PRACTICES
Universal Citation: TN Comp Rules and Regs 0320-05-.06
Current through April 3, 2024
(1) A debt collector or collection service may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of this prohibition, the following conduct is a violation of this section:
(a) The collection of any amount
(including any interest, fee, charge, or expense incidental to the principal
obligation) unless such amount is expressly authorized by the agreement
creating the debt or is permitted by law.
(b) The acceptance by a debt collector or
collection service from any person of a check or other payment instrument
postdated by more than five (5) days unless such person is notified in writing
of the debt collector's intent to deposit such check or instrument not more
than ten (10) nor less than three (3) business days prior to such
deposit.
(c) The solicitation by a
debt collector or collection service of any postdated check or other postdated
payment instrument for the purpose of threatening or instituting criminal
prosecution.
(d) Depositing or
threatening to deposit any postdated check or other postdated payment
instrument prior to the date on such check or instrument.
(e) Causing charges to be made to any person
for communications by concealment of the true purpose of the communication.
Such charges include, but are not limited to, collect telephone calls and
telegram fees.
(f) Taking or
threatening to take any nonjudicial action to effect dispossession or
disablement of property if:
1. There is no
present right to possession of the property claimed as collateral through an
enforceable security interest;
2.
There is no present intention to take possession of the property; or
3. The property is exempt by law from such
dispossession or disablement.
(g) Communicating with a consumer regarding a
debt by post card.
(h) Using any
language or symbol, other than the collection service's address, on any
envelope when communicating with a consumer by use of the mails or by telegram,
except that a debt collector may use his business name if such name does not
indicate that he is in the debt-collection business.
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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