Wisconsin Administrative Code › Department of Financial Institutions › DFI-Bkg 1-78 - Department of Financial Institutions-Banking › Chapter DFI-Bkg 74 - Collection Agencies › Section DFI-Bkg 74.16 - Oppressive and deceptive practices prohibited

Current through June 24, 2024
A licensee may not engage in any oppressive or deceptive
				  practices. In attempting to collect an alleged account, bill, or other
				  indebtedness, a licensee may not do any of the following:
(1) Use or threaten force or violence to
				cause physical harm to the person, dependents or property of a
				debtor.
(2) Threaten criminal
				prosecution.
(3) Disclose or
				threaten to disclose information adversely affecting the debtor's reputation
				for credit worthiness with knowledge or reason to know that the information is
				false.
(4) Initiate or threaten to
				initiate communication with the debtor's employer prior to obtaining final
				judgment against the debtor, except as permitted by statute. This subsection
				does not prohibit a debt collector from communicating with the debtor's
				employer solely to verify employment status or earnings or where an employer
				has an established debt counseling service or procedure.
(5) Contact a debtor by telephone following a
				request or demand by the debtor that such collection efforts cease.
(6) Disclose or threaten to disclose to a
				person other than the debtor or the debtor's spouse information affecting the
				debtor's reputation, whether or not for credit worthiness, with knowledge or
				reason to know that the other person does not have a legitimate business need
				for the information.
(7) Disclose
				or threaten to disclose information concerning the existence of a debt known to
				be reasonably disputed by the debtor without disclosing the fact that the
				debtor disputes the debt.
(8)
				Communicate with the debtor or a person related to the debtor with such
				frequency or at such unusual hours or in such a manner as can reasonably be
				expected to threaten or harass the debtor.
(9) Engage in other conduct that can
				reasonably be expected to threaten or harass the debtor or a person related to
				the debtor.
(9g) Violate the
				Federal Fair Debt Collection Practices Act.
(9m) Violate any federal or state statute,
				rule, or regulation that relates to practice as a collection agency.
(10) Use obscene, profane or threatening
				language in communicating with the debtor or a person related to the
				debtor.
(11) Claim or attempt to
				threaten to enforce a right with knowledge or reason to know that the right
				does not exist.
(12) Use a
				communication which simulates legal or judicial process or which gives the
				appearance of being authorized, issued or approved by a government,
				governmental agency or attorney-at-law when it is not or any bogus letter
				ostensibly addressed to any governmental authority or attorney.
(13) Threaten action against the debtor
				unless like action is taken in regular course or is intended with respect to
				the particular debt.
(14) Mutilate
				any check or other writing tendered by a debtor before forwarding it or
				returning it to the customer.
(15)
				Enlist the aid of a neighbor or other third party to request that the debtor
				contact the licensee except a person who resides with the debtor or a third
				party with whom the debtor has authorized the licensee to place such requests.
				This subsection does not apply to a call back message left at the debtor's
				place of employment which is limited to the licensee's telephone number and the
				collector's name.
(16) Make collect
				telephone calls to debtors.