Section 13-04-02-09 - Unfair or unconscionable means prohibitedNo debt collector may use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, no debt collector may:
1. Seek or obtain any written statement or acknowledgment in any form that specifies that a debtor's obligation is one incurred for necessaries of life where the original obligation was not in fact incurred for such necessaries.2. Seek or obtain any written statement or acknowledgment in any form containing an affirmation of any obligation by a debtor who has been declared bankrupt, without clearly disclosing the nature and consequences of such affirmation and the fact that the debtor is not legally obligated to make such affirmation.3. Collect or attempt to collect from the debtor any part or all of the debt collector's fee or charge for services rendered.4. Collect or attempt to collect any interest or other charge, fee, or expense incidental to the principal obligation unless such interest or incidental fee, charge, or expense is expressly authorized by law or by the agreement creating the obligation and legally chargeable to the debtor.5. Communicate with a debtor whenever it appears that the debtor is represented by an attorney and the attorney's name and address are known unless the attorney has failed to respond to a communication within thirty days or the debt collector has been advised by the debtor or attorney that the attorney no longer represents the debtor.N.D. Admin Code 13-04-02-09
Amended effective July 1, 1984; April 1, 2013.General Authority: NDCC 13-05-06
Law Implemented: NDCC 13-05-06