|to Banking & Insurance (H)
|AN ACT relating to debt collection.
|Bill Request Number
|Summary of Original Version
|Create new sections of KRS Chapter 367 to provide that certain actions by debt collectors while collecting or attempting to collect a debt constitute an unlawful collection practice; establish that unlawful collection practices include using or threatening to use force, threatening arrest or criminal prosecution, threatening the seizure of a debtor's property when the action can only be taken pursuant to court order, using profane language, communicating in a harassing manner, communicating or threatening to communicate with a debtor's employer, communicating or threatening to communicate with a debtor at the debtor's place of employment without his or her permission, communicating with the debtor in writing without identifying details, causing any communication expense by concealing the true purpose of the debt collector's communication, attempting or threatening to enforce a remedy that does not exist, threatening to take action which the debt collector does not take in the regular course of business, using any form of communication that falsely simulates the legal or judicial process, representing that an existing debt may be increased by additional charges when charges may not legally be added to the debt, collecting or attempting to collect interest or other charges in excess of the actual debt unless expressly authorized by the agreement or by law; threatening to assign or sell the debtor's account while misrepresenting that the debtor would lose any defense to the debt or be subjected to harsh collection tactics, and using the seal or letterhead of a public official or agency; provide that any person injured as a result of the willful use or employment by another person of an unlawful collection practice may bring an action in any court with jurisdiction to enjoin the practice or to recover actual damages, or $200, whichever is greater; allow the court to award reasonable attorney fees to the prevailing party; provide that actions shall be commenced within one year from the date of injury.
|Index Headings of Original Version
Courts - Unlawful collection practice, remedy for
Loans and Credit - Unlawful collection practice, debt collector, prohibition of
Civil Actions - Unlawful collection practice, remedy for
Consumer Affairs - Unlawful collection practice, debt collector, prohibition of
Consumer Affairs - Unlawful collection practice, remedy for
Last updated: 1/16/2019 3:08 PM (EST)