Section 13-04-02-02 - Prohibited advertising and communicationsNo collection agency or debt collector shall:
1. Publish or cause to be published any list of debtors, except for credit reporting purposes, advertise or threaten to advertise for sale any debt as a means of forcing payment thereof, or use similar devices or methods of intimidation.2. Communicate with debtors in a misleading or deceptive manner by using the stationery of a lawyer, forms or instruments which only lawyers are authorized to prepare, or instruments which simulate the form and appearance of judicial process.3. Exercise authority on behalf of a creditor to employ the services of lawyers unless the creditor has specifically authorized the agency in writing to do so, and the agency's course of conduct is always consistent with a true relationship of attorney and client between the lawyer and the creditor.4. Refuse to return any debt and all valuable papers deposited with a debt upon written request of the creditor, claimant, or forwarder after tender of such amounts due and owing to the agency within thirty days after such request; neglect, refuse, or intentionally fail to account to its clients for all money collected within forty-five days from the last day of the month in which the same is collected; or refuse or fail to furnish at intervals of not less than ninety days upon written request of the claimant or forwarder, a written report upon debts received from such claimant or forwarder.5. In collection letters or publications, or in any communication, oral or written, threaten wage garnishment or legal suit without an objective intention to engage a lawyer and commence legal action upon the debtor's failure to comply with the request or demand made.6. Use or employ constables, sheriffs, or any other officer authorized to serve legal papers in connection with the collection of a debt, except when performing their legally authorized duties.N.D. Admin Code 13-04-02-02
Amended effective July 1, 1984; April 1, 2013.General Authority: NDCC 13-05-06
Law Implemented: NDCC 13-05-02, 13-05-06