(1) A debt collector or collection agency shall not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, including, but not limited to, the following conduct:
(a) The false representation or implication that the debt collector or collection agency is vouched for, bonded by, or affiliated with the United States government or any state government, including the use of any misleading name, badge, uniform, or facsimile thereof; (b) The false representation of:
The character, amount, or legal status of any debt; or
Any services rendered or compensation which may be lawfully received by any debtcollector for the collection of a debt;
The false representation or implication that any individual is an attorney or that anycommunication is from an attorney;
The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or in the seizure, garnishment, attachment, or sale of any property or wages of any person unless the action is lawful and the debt collector, collection agency, or creditor intends to take such action;
The threat to take any action that cannot legally be taken or that is not intended to betaken;
The false representation or implication that a sale, referral, or other transfer of anyinterest in a debt shall cause the consumer to:
Lose any claim or defense to payment of the debt; or
Become subject to any practice prohibited by this article 16;
The false representation or implication that the consumer committed any crime;
The false representation or implication that the consumer has engaged in any disgraceful conduct;
Communicating 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;
The use or distribution of any written communication which simulates or is falselyrepresented 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 or misleading impression as to its source, authorization, or approval;
The use of any false representation or deceptive means to collect or attempt to collectany debt or to obtain information concerning a consumer;
Except as otherwise provided for communications to acquire location informationunder section 5-16-104, the failure to disclose clearly, in the initial written communication made to collect a debt or obtain information about a consumer and also, if the initial communication with the consumer is oral, in the initial oral communication, that the debt collector or collection agency is attempting to collect a debt and that any information obtained will be used for that purpose, and, in subsequent communications, that the communication is from a debt collector or collection agency; except that this subsection (1)(l) shall not apply to a formal pleading made in connection with a legal action;
The false representation or implication that accounts have been turned over to innocent purchasers for value;
The false representation or implication that documents are legal process;
The use of any business, company, or organization name other than the true name ofthe collection agency's business, company, or organization;
The false representation or implication that documents are not legal process forms ordo not require action by the consumer;
The false representation or implication that a debt collector or collection agency operates or is employed by a consumer reporting agency.
Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1085, § 1, effective August 9.
Editor's note: This section is similar to former § 12-14-107 as it existed prior to 2017.