False Or Misleading Representations

(1) A debt collector or collection service 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 prohibition, the following conduct is a violation of this section: (a) The false representation or implication that the debt collector or collection service is vouched for, bonded by, or affiliated with the United States or State of Tennessee, including the use of any badge, uniform, or facsimile thereof. (b) The false representation of: 1. The character, amount, or legal status of any debt; or 2. Any services rendered or compensation that may be lawfully received by any debt collector or collection service for the collection of a debt. (c) The false representation or implication that any individual is an attorney or that any communication is from an attorney. (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 such action is lawful and the debt collector or creditor intends to take such action. (e) The threat to take any action that cannot legally be taken or that is not intended to be taken. (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 rule. (g) The false representation or implication that the consumer committed any crime or other conduct, which false representation or implication is made to disgrace the consumer. (h) Communicating or threatening to communicate to any person credit information that is known or that should be known to be false, including the failure to communicate that a disputed debt is disputed. (i) The use or distribution of any written communication that simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or State of Tennessee, or which creates a false impression as to its source, authorization, or approval. (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. (k) The failure to disclose in the initial communication with the consumer, whether written or oral, 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 shall not apply to a formal pleading made in connection with a legal action. STANDARDS OF PRACTICE CHAPTER 0320-05 (l) The false representation or implication that accounts have been turned over to innocent purchasers for value. (m) The false representation or implication that documents are legal process. (n) The use of any business, company, or organization name other than the registered name of the debt collector or collection service’s business, company, or organization. (o) The false representation or implication that documents are not legal process forms or do not require action by the consumer. (p) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency. (2) Prohibited practices (a) No collection service, or manager or solicitor thereof, shall: 1. Misrepresent the terms of its listing contract or the commission chargeable thereunder; 2. Use any contract or business-inducing form containing type less than ten (10) points in size; 3. Solicit claims for collection under any ambiguous or deceptive contract, or one that provides for a docket, listing, filing, or tracing fee, or similar charges; 4. Use on its stationary or otherwise language which is any way deceptive as to services offered or performed.