Okla. Admin. Code § 160:70-11-5 - False or misleading information

Current through Vol. 39, No. 14, April 01, 2022

A licensee may not use any false, deceptive or misleading representations or means in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this rule:

(1) The false representation or implication licensee is vouched for, bonded by or affiliated with the United States or any State, including the use of any badge, uniform or facsimile thereof.
(2) The false representation of:
(A) the character, amount or legal status of a debt; or
(B) any services rendered or compensation which may be lawfully received by licensee for the collection of a debt.
(3) The false representation or implication that any person is an attorney or that any communication is from an attorney.
(4) 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 such action is lawful and licensee intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
(6) The false representation or implication that a sale, referral or other transfer of any interest in a debt shall cause debtor to:
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this subchapter.
(7) The false representation or implication that debtor committed any crime or other conduct in order to disgrace debtor.
(8) Communication 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.
(9) 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.
(10) The use of any false representation or deceptive means to collect or attempt to collect a debt or to obtain information concerning debtor.
(11) The false representation or implication that accounts have been turned over to innocent purchasers for value.
(12) The false representation or implication that documents are legal process.
(13) The use of any business, company or organization name other than the true name of licensee's business, company or organization.
(14) The false representation or implication that documents are not legal process forms or do not require action by debtor.
(15) The false representation or implication that licensee operates or is employed by a consumer reporting agency.
(16) Designing, compiling, and furnishing any form knowing that such form would be used to create the false belief in debtor that a person other than licensee is participating in the collection of or in an attempt to collect a debt such debtor allegedly owes such licensee, when in fact such person is not so participating.

Notes

Okla. Admin. Code § 160:70-11-5
Added at 23 Ok Reg 2954, eff 7-13-06

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