Section 13-04-02-08 - Fraudulent, deceptive, or misleading representations prohibitedNo debt collector may use any fraudulent, deceptive, or misleading representation or means to collect or attempt to collect debts or to obtain information concerning debtors. Without limiting the general application of the foregoing, no debt collector may:
1. Use any name while engaged in the collection of debts other than the debt collector's true name unless the assumed name is registered with the department as an alias for the debt collector.2. Make misleading representations in any communication made to collect or attempt to collect a debt or to obtain or attempt to obtain information about a debtor.3. Falsely represent that the debt collector has information in the debt collector's possession or something of value for the debtor in order to solicit or discover information about the debtor.4. Fail to clearly disclose the name and full business address of the person to whom the debt has been assigned or is owed at the time of making any demand for money.5. Falsely represent or imply that any debt collector is vouched for, bonded by, affiliated with, or is an instrumentality, agent, or official of this state or any agency of federal, state, or local government.6. Falsely represent the character, extent, or amount of a debt against a debtor, or of its status in any legal proceeding.7. Use, distribute, or sell any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by a court, an official, or any other legally constituted or authorized authority, or which creates a false impression about its source, authorization, or approval.8. Represent that an existing obligation of the debtor may be increased by the addition of attorney's fees, investigation fees, service fees, or any other fees or charges when in fact such fees or charges may not legally be added to the existing obligation.9. Falsely represent, or give a false impression about the status or true nature of or the services rendered by the debt collector or the debt collector's business.N.D. Admin Code 13-04-02-08
Amended effective July 1, 1984; October 1, 1997; April 1, 2013.General Authority: NDCC 13-05-06
Law Implemented: NDCC 13-05-06