Connecticut Administrative Code › Title 36a - The Banking Law of Connecticut › 647 - Collection Practices of Creditors › Transferred from Section 36-243c › Section 36a-647-5 - Conduct

Current through July 10, 2024
A creditor shall not engage in any conduct the natural
				  consequence of which to a reasonable person would be to harass or abuse such
				  person in connection with the collection of a debt. A creditor shall not
				  intentionally engage in any conduct which the creditor knows would harass or
				  abuse any person. Without limiting the general application of the foregoing,
				  the following conduct is a violation of this section:
(1) Using or threatening to use violence or
				other criminal means to harm the physical person, reputation or property of any
				person;
(2) Using obscene or
				profane language or language the natural consequence of which to a reasonable
				person is to abuse the hearer or reader;
(3) Publicly disseminating or displaying a
				list of, pictures of or other information about consumer debtors or consumer
				debtor agents who allegedly refuse to pay debts which could identify any
				consumer debtor or consumer debtor agent to the general public. As used in this
				subdivision, "publicly disseminating" and "general public" do not include
				dissemination to any commercial enterprise directly or through a consumer
				reporting agency in the ordinary and reasonable course of such creditor's
				business;
(4) Advertising for sale
				any debt to coerce payment of the debt;
(5) Causing a telephone to ring or engaging
				any person in telephone conversation repeatedly or continuously if the natural
				consequence of such action to a reasonable person is annoyance, abuse or
				harassment;
(6) Except as provided
				in section
				36a-647-3 of
				the Regulations of Connecticut State Agencies, placing telephone calls without
				meaningful disclosure of the caller's identity;
(7) Soliciting any amount, including any
				interest, fee, charge or expense incidental to the principal obligation, unless
				such amount is authorized by the agreement creating the debt or permitted by
				law;
(8) Soliciting a postdated
				check or other postdated payment instrument for the purpose of threatening or
				instituting criminal prosecution;
(9) Depositing or threatening to deposit a
				postdated check or other postdated payment instrument prior to the date on such
				check or instrument;
(10) Causing
				charges to be made to or expenses to be incurred by any person in connection
				with communications concerning the consumer debtor or the consumer debtor's
				debt by misrepresenting the true purpose of the communication or by
				misrepresenting or concealing the identity of the person making the
				communication. Such charges and expenses include, but are not limited to,
				collect telephone calls and telegram fees;
(11) Taking or threatening to take any
				nonjudicial action to effect dispossession or disablement of property unless:
(A) There is a present right to possession of
				the property claimed as collateral through an enforceable security
				interest;
(B) There is a present
				intention to take possession of the property; and
(C) The property is not exempt by law from
				such dispossession or disablement;