1027fa

    On page 6 of the printed bill, delete lines 6 to 11, inclusive, and insert:

"    Section 6. That chapter 54-4 be amended by adding thereto a NEW SECTION to read as follows:

    

    No person employed by a licensee to collect or attempt to collect any debt owed or due or asserted to be owed or due may:

            (1)    Harass, oppress, or abuse a borrower by:

            (a)    Using any threat of violence or harm;

            (b)    Publishing a list of names of borrowers who refuse to pay their debts absent providing such information to credit reporting companies;

            (c)    Using obscene or profane language; or

            (d)    Repeatedly using the phone with the intent to annoy borrowers;

            (2)    Use any false statement when attempting to collect a debt by falsely:

            (a)    Claiming to be an attorney or government representative;

            (b)    Claiming that the borrower has committed a crime;

            (c)    Representing that the licensee operates or any person employed by the licensee works for a credit reporting company;

            (d)    Representing the amount the borrower owes;

            (e)    Representing the nature and character of any forms sent to the borrower in order to collect a debt;

            (f)    Indicating that the borrower will be arrested if the debt isn't paid;

            (g)    Using a company name;

            (h)    Indicating that the licensee will seize, garnish, attach, or sell a borrower's property or wages unless the licensee is permitted by law to take the action and the licensee intend to do so;

            (i)    Indicating that legal action will be taken against the borrower, if doing so would be illegal or if licensee intends does not intend to take the action;

            (3)    Give false credit information about the borrower to anyone, including a credit reporting company;

            (4)    Attempt to collect any interest, fee, or other charge on top of the amount a borrower owes unless the contract that created the debt or state law allows the charge;

            (5)    Deposit a post-dated check early; or

            (6)    Take or threaten to take the borrower's property unless it can be done legally.".