Conn. Agencies Regs. § 36a-647-5

Current through September 27, 2024

Section 36a-647-5 - Conduct

A creditor shall not engage in any conduct the natural consequence of which to a reasonable person would be to harass or abuse such person in connection with the collection of a debt. A creditor shall not intentionally engage in any conduct which the creditor knows would harass or abuse any person. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) Using or threatening to use violence or other criminal means to harm the physical person, reputation or property of any person;

(2) Using obscene or profane language or language the natural consequence of which to a reasonable person is to abuse the hearer or reader;

(3) Publicly disseminating or displaying a list of, pictures of or other information about consumer debtors or consumer debtor agents who allegedly refuse to pay debts which could identify any consumer debtor or consumer debtor agent to the general public. As used in this subdivision, "publicly disseminating" and "general public" do not include dissemination to any commercial enterprise directly or through a consumer reporting agency in the ordinary and reasonable course of such creditor's business;

(4) Advertising for sale any debt to coerce payment of the debt;

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously if the natural consequence of such action to a reasonable person is annoyance, abuse or harassment;

(6) Except as provided in section 36a-647-3 of the Regulations of Connecticut State Agencies, placing telephone calls without meaningful disclosure of the caller's identity;

(7) Soliciting any amount, including any interest, fee, charge or expense incidental to the principal obligation, unless such amount is authorized by the agreement creating the debt or permitted by law;

(8) Soliciting a postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution;

(9) Depositing or threatening to deposit a postdated check or other postdated payment instrument prior to the date on such check or instrument;

(10) Causing charges to be made to or expenses to be incurred by any person in connection with communications concerning the consumer debtor or the consumer debtor's debt by misrepresenting the true purpose of the communication or by misrepresenting or concealing the identity of the person making the communication. Such charges and expenses include, but are not limited to, collect telephone calls and telegram fees;

(11) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property unless:

(A) There is a present right to possession of the property claimed as collateral through an enforceable security interest;

(B) There is a present intention to take possession of the property; and

(C) The property is not exempt by law from such dispossession or disablement;

(12) Communicating with a consumer debtor or consumer debtor agent regarding a debt by post card;

(13) Using any language or symbol on any envelope when communicating with a consumer debtor or consumer debtor agent by use of the mails or by telegram that would convey the impression that the communication concerns collection of a debt;

(14) Refusing to make a reasonable effort to determine the validity of a debt the consumer debtor disputes unless such a verification has already been made;

(15) Instituting or threatening to institute a civil action in any court location which the creditor or its attorney knows is not proper venue for such action; or

(16) Sending any written communication to a consumer debtor which recites the time period within which a debt must be paid to avoid further action but which does not recite the date on which such time period commences.

Conn. Agencies Regs. § 36a-647-5

Effective July 6, 1979; Transferred April 24, 1995; Amended October 2, 2006