SECTION 160:70-11-6. Unfair practices

  A licensee may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this rule:

(1)   The collection of any amount (including any interest, fee, charge or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

(2)   Presenting an instrument for payment more than two (2) times if it causes the debtor to be charged any additional fees.

(3)   Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

(4)   Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if:

(A)   there is no present right to possession of the property claimed as collateral through an enforceable security interest;

(B)   there is no present intention to take possession of the property; or

(C)   the property is exempt by law from such dispossession or disablement.

(5)   Communicating with debtor regarding a debt by post card.

(6)   Using any language or symbol, other than licensee's address, on any envelope when communicating with debtor by use of the mails or by telegram, except that licensee may use his business name if such name does not indicate that the communication relates to the collection of a debt.

[Source: Added at 23 Ok Reg 2954, eff 7-13-06]