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§11013. Prohibited practices


Published: 2015

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§11013. Prohibited practices








1. Harassment or abuse. 
A debt collector may not engage in any conduct, the natural consequence of which
is to harass, oppress or abuse any person in connection with the collection of a debt.
Without limiting the general application of this subsection, the following conduct
is a violation of this section:





A. The use or threat of use of violence or other criminal means to harm the physical
person, reputation or property of any person; [1985, c. 702, §2 (NEW).]










B. The use of obscene or profane language, or language the natural consequence of which
is to abuse the hearer or reader; [1985, c. 702, §2 (NEW).]










C. The publication of a list of consumers who allegedly refuse to pay debts, except to
a consumer reporting agency or to persons meeting the requirements of Title 10, chapter 209-B; [2013, c. 588, Pt. C, §16 (AMD).]










D. The advertisement for sale of any debt to coerce payment of the debt; [1985, c. 702, §2 (NEW).]










E. Causing a telephone to ring or engaging any person in telephone conversation repeatedly
or continuously with intent to annoy, abuse or harass any person at the called number; [1985, c. 702, §2 (NEW).]










F. Except as provided in section 11011, the placement of telephone calls without meaningful
disclosure of the caller's identity; and [1985, c. 702, §2 (NEW).]










G. The use of "shame cards," "shame automobiles" or similar devices. [1985, c. 702, §2 (NEW).]







[
2013, c. 588, Pt. C, §16 (AMD)
.]








2. False or misleading representations. 
A debt collector may not use any false, deceptive or misleading representation or
means in connection with the collection of any debt. Without limiting the general
application of this subsection, the following conduct is a violation of this section:





A. The false representation or implication that the debt collector is vouched for, bonded
by or affiliated with the United States or any state, including the use of any badge,
uniform, seal, insignia or facsimile; [1985, c. 702, §2 (NEW).]










B. The false representation of:



(1) The character, amount or legal status of any debt; or





(2) Any services rendered or compensation which may be lawfully received by any debt
collector for the collection of a debt; [1985, c. 702, §2 (NEW).]













C. The false representation or implication that any individual is an attorney or that
any communication is from an attorney; [1985, c. 702, §2 (NEW).]










D. The representation or implication that nonpayment of any debt will result in the arrest
or imprisonment of any person or the seizure, garnishment, attachment or sale of any
property or wages of any person, unless that action is lawful and the debt collector
or creditor intends to take that action; [1985, c. 702, §2 (NEW).]










E. The threat to take any action that may not legally be taken or that is not intended
to be taken; [1985, c. 702, §2 (NEW).]










F. The false representation or implication that a sale, referral or other transfer of
any interest in a debt shall cause the consumer to:



(1) Lose any claim or defense to payment of the debt; or





(2) Become subject to any practice prohibited by this Act or the Maine Consumer Credit
Code, Title 9-A; [1985, c. 702, §2 (NEW).]













G. The false representation or implication that the consumer committed any crime or
other conduct in order to disgrace the consumer; [1985, c. 702, §2 (NEW).]










H. Communicating or threatening to communicate to any person credit information which
is known or which should be known to be false, including the failure to communicate
that a disputed debt is disputed; [1985, c. 702, §2 (NEW).]










I. The use or distribution of any written communication which simulates or is falsely
represented to be a document authorized, issued or approved by any court, official
or agency of the United States or any state, or which creates a false impression as
to its source, authorization or approval; [1985, c. 702, §2 (NEW).]










J. The use of any false representation or deceptive means to collect or attempt to collect
any debt or to obtain information concerning a consumer; [1985, c. 702, §2 (NEW).]










K.
[1997, c. 155, Pt. D, §1 (RP).]










K-1. The failure to disclose in the initial written communication with the consumer and,
if the initial communication with the consumer is oral, in that initial oral communication,
that the debt collector is attempting to collect a debt and that any information obtained
will be used for that purpose, and the failure to disclose in subsequent communications
that the communication is from a debt collector, except that this paragraph does not
apply to a formal pleading made in connection with a legal action; [1997, c. 155, Pt. D, §2 (NEW).]










L. The false representation or implication that accounts have been turned over to innocent
purchasers for value; [1985, c. 702, §2 (NEW).]










M. The false representation or implication that documents are legal process; [1985, c. 702, §2 (NEW).]










N. The use of any business, company or organization name other than the true name of
the debt collector's business, company or organization; [1985, c. 702, §2 (NEW).]










O. The false representation or implication that documents are not legal process forms
or do not require action by the consumer; or [1985, c. 702, §2 (NEW).]










P. The false representation or implication that a debt collector operates or is employed
by a consumer reporting agency, as defined by Title 10, section 1308, subsection 3. [2013, c. 588, Pt. C, §17 (AMD).]







[
2013, c. 588, Pt. C, §17 (AMD)
.]








3. Unfair practices. 
A debt collector may not use unfair or unconscionable means to collect or attempt
to collect any debt. Without limiting the general application of this subsection,
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 the amount is expressly authorized by the agreement
creating the debt or permitted by law; [1985, c. 702, §2 (NEW).]










B. The acceptance by a debt collector from any person of a check or other payment instrument
postdated by more than 5 days, unless that person is notified in writing of the debt
collector's intent to deposit that check or instrument not more than 10 nor less than
3 business days prior to the deposit; [1985, c. 702, §2 (NEW).]










C. The solicitation by a debt collector of any postdated check or other postdated payment
instrument for the purpose of threatening or instituting criminal prosecution; [1985, c. 702, §2 (NEW).]










D. Depositing or threatening to deposit any postdated check or other postdated payment
instrument prior to the date on the check or instrument; [1985, c. 702, §2 (NEW).]










E. Causing charges to be made to any person for communications by concealment of the
true purpose of the communication. These charges include, but are not limited to,
collect telephone calls and telegram fees; [1985, c. 702, §2 (NEW).]










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 the dispossession or disablement; [1985, c. 702, §2 (NEW).]













G. Communicating with a consumer regarding a debt by postcard; [1985, c. 702, §2 (NEW).]










H. Using any language or symbol, other than the debt collector'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 that name does not indicate that he
is in the debt collection business; [1985, c. 702, §2 (NEW).]










I. Using or employing notaries public, constables, sheriffs or any other officer authorized
to serve legal papers in the collection of a claim; [1985, c. 702, §2 (NEW).]










J. Exercising 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 debt
collector's course of conduct is at all times consistent with the true relationship
of attorney and client between the lawyer and the creditor, such that the debt collector
will not demand or obtain in any manner a share of the compensation for services performed
by a lawyer in collecting a claim; [1985, c. 702, §2 (NEW).]










K. Failing to return any claim or claims upon written request of the creditor, claimant
or forwarder after the tender of such amounts, if any, as may be due and owing to
the debt collector, or refusing or intentionally failing to account to its clients
for all money collected within 30 days from the last day of the month in which the
money is collected or refusing, or intentionally failing, to return to the creditor
all valuable papers deposited with a claim when that claim is returned; [1985, c. 702, §2 (NEW).]










L. Commingling money collected for a creditor with the debt collector's own funds or
using any part of a creditor's money in the conduct of the debt collector's business; [1985, c. 702, §2 (NEW).]










M. Engaging in the business of lending money to any person or contacting any person for
the purpose of securing a loan for any person with which to pay any claim left with
it for collection, or recommending any person or persons as a source of funds to pay
any such claim; or [1985, c. 702, §2 (NEW).]










N. Threatening to bring legal action in the debt collector's own name or instituting
a suit on behalf of others or furnishing legal advice, except that a debt collector
who is also an attorney may bring an action under this paragraph in the name of the
creditor in any division or county permitted by 15 United States Code, Section 1692i
and may furnish legal advice to the creditor with respect to a debt. [2009, c. 245, §8 (RPR).]







[
2009, c. 245, §8 (AMD)
.]








4. Reporting to consumer reporting agency. 
A debt collector may not report solely in its own name any credit or debt information
to a consumer reporting agency, as defined by Title 10, section 1308, subsection 3.


[
2013, c. 588, Pt. C, §18 (AMD)
.]








5. Reporting certain unpaid medical expenses; court or administrative orders. 
A debt collector may not report to a consumer reporting agency any credit or debt
information regarding overdue medical expenses owed by a parent for a minor child
if the debt collector is notified orally or in writing of the existence of a court
order or administrative order identifying another person as the party responsible
for payment of medical expenses for that minor child. In addition, a report may not
be made until after the debt collector has notified, or made a good faith effort to
notify, the responsible party of that party's obligation to pay the overdue medical
expenses. The debt collector may request reasonable verification of the order, including
requesting a certified copy of the order.


[
1993, c. 365, §2 (NEW)
.]








6. Written requirement for payment schedule or settlement agreement.  
A debt collector may not enter into a payment schedule or settlement agreement regarding
a debt unless the payment schedule or settlement agreement is either documented in
open court, approved by the court and included in a court order or otherwise reduced
to writing. If a payment schedule or settlement agreement is not included in a court
order, the debt collector shall provide a written copy of the payment schedule or
settlement agreement to the consumer within 10 business days of entering into the
payment schedule or settlement agreement and the consumer need not make a payment
on the payment schedule or settlement agreement until the written copy has been provided
in accordance with this subsection.


[
2015, c. 272, §2 (NEW)
.]








7. Acting on time-barred debt.  
A debt collector may not initiate a collection action when the debt collector knows
or reasonably should know that the collection action is barred by the limitations
period as set forth in subsection 8.


[
2015, c. 272, §2 (NEW)
.]








8. Limitations period for debt collectors.  
A debt collector may not commence a collection action more than 6 years after the
date of the consumer's last activity on the debt. This limitations period applies
notwithstanding any other applicable statute of limitations, unless a shorter limitations
period is provided under the laws of this State. Notwithstanding any other provision
of law, when the applicable limitations period expires, any subsequent payment toward,
written or oral affirmation of or other activity on the debt does not revive or extend
the limitations period.


[
2015, c. 272, §2 (NEW)
.]





SECTION HISTORY

1985, c. 702, §2 (NEW).
1991, c. 453, §8 (AMD).
1991, c. 453, §10 (AFF).
1993, c. 365, §2 (AMD).
1997, c. 155, §§D1, 2 (AMD).
2009, c. 245, §8 (AMD).
2013, c. 588, Pt. C, §§16-18 (AMD).
2015, c. 272, §2 (AMD).