§ 7311. Unlawful collection agency practices.
(a) Assignments of claims.--It is lawful for a collection
agency, for the purpose of collecting or enforcing the payment
thereof, to take an assignment of any such claim from a
creditor, if all of the following apply:
(1) The assignment between the creditors and collection
agency is in writing.
(2) The original agreement between the creditor and
debtor does not prohibit assignments.
(3) The collection agency complies with the act of
December 17, 1968 (P.L.1224, No.387), known as the Unfair
Trade Practices and Consumer Protection Law, and with the
regulations promulgated under that act.
(b) Appearance for creditor.--It is unlawful for a
collection agency to appear for or represent a creditor in any
manner whatsoever, but a collection agency, pursuant to
subsection (a), may bring legal action on claims assigned to it
and not be in violation of subsection (c) if the agency appears
by an attorney.
(b.1) Unfair or deceptive collection methods.--It is
unlawful for a collector to collect any amount, including any
interest, fee, charge or expense incidental to the principal
obligation, unless such amount is expressly provided in the
agreement creating the debt or is permitted by law.
(c) Furnishing legal services.--It is unlawful for a
collection agency to furnish, or offer to furnish legal
services, directly or indirectly, or to offer to render or
furnish such services within or without this Commonwealth. The
forwarding of a claim by a collection agency to an attorney at
law, for the purpose of collection, shall not constitute
furnishing legal service for the purposes of this subsection.
(d) Services for debtor.--It is unlawful for a collection
agency to act for, represent or undertake to render services for
any debtor with regard to the proposed settlement or adjustment
of the affairs of such debtor, whether such compromise,
settlement, or adjustment be made through legal proceedings or
otherwise, or to demand, ask for, or receive any compensation
for services in connection with the settlement or collection of
any claim except from the creditor for whom it has rendered
lawful services.
(e) Running for attorneys.--It is unlawful for a collection
agency to solicit employment for any attorney at law, whether
practicing in this Commonwealth or elsewhere, or to receive from
or divide with any such attorney at law any portion of any fee
received by such attorney at law. This subsection does not
prohibit the established custom of sharing commissions at a
commonly accepted rate upon collection of claims between a
collection agency and an attorney at law.
(f) Coercion or intimidation.--
(1) It is unlawful for a collection agency to coerce or
intimidate any debtor by delivering or mailing any paper or
document simulating, or intending to simulate, a summons,
warrant, writ, or court process as a means for the collection
of a claim, or to threaten legal proceedings against any
debtor.
(2) Paragraph (1) of this subsection shall not prohibit:
(i) A collection agency from informing a debtor that
if a claim is not paid, it will be referred to an
attorney at law for such action as he may deem necessary,
without naming a specific attorney.
(ii) A magisterial district judge from sending out
notices to debtors before the institution of suit.
(g) Grading.--Whoever violates any of the provisions of this
section is guilty of a misdemeanor of the third degree.
(h) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
"Claim." Includes any claim, demand, account, note, or any
other chose in action or liability of any kind whatsoever.
"Collection agency." A person, other than an attorney at law
duly admitted to practice in any court of record in this
Commonwealth, who, as a business, enforces, collects, settles,
adjusts, or compromises claims, or holds himself out, or offers,
as a business, to enforce, collect, settle, adjust, or
compromise claims.
"Creditor." Includes a person having or asserting such a
claim.
"Debtor." Includes any person against whom a claim is
asserted.
(Dec. 19, 1990, P.L.1451, No.219, eff. imd.; Nov. 30, 2004,
P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (f)(2). See sections
28 and 29 of Act 207 in the appendix to this title for special
provisions relating to applicability and construction of law.
1990 Amendment. Act 219 amended subsecs. (a) and (b) and
added subsec. (b.1).
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