I thought I should post some of the unlawful practices directly out of the Collection Agents Act of Saskatchewan. The other provinces are similar.
The Collection Agents Act (Saskatchewan)
being
Chapter C-15 of the Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Revised Statutes of Saskatchewan, 1978 (Supp.) c.6; 1998, c.C-45.2; and 2000,
c.53.
The Collection Agents Act (Saskatchewan)
being
Chapter C-15 of the Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Revised Statutes of Saskatchewan, 1978 (Supp.) c.6; 1998, c.C-45.2; and 2000,
c.53.
Unlawful practices
29(1) No collection agent or collector shall:
- collect or attempt to collect for a person for whom he acts any moneys in addition to the amount owing by the debtor;
- make any charge against a person for whom he acts in addition to those contained in the agreement with that person;
- send any telegram or make any telephone call, for which the charges are payable by the addressee or the person to whom the call is made, to a debtor for the purpose of demanding payment of a debt;
- enter into any agreement with a person for whom the collection agent acts unless a copy of the form of the agreement is filed with the registrar;
- use any form or form of letter to collect or attempt to collect money from a debtor unless a copy of the form or form of letter is filed with the registrar;
- use, without lawful authority, any summons, notice, or demand, or other document, expressed in language of the general style or purport of any form used in any court in the province, or printed or written or in the general appearance or format of any such form.
- make telephone calls or personal calls of such nature or with such frequency as to constitute harassment of the debtor, his spouse or any member of his family;
- make telephone calls or personal calls for the purpose of demanding payment of a debt:
(i) on a Sunday;
(ii) on a holiday; or
(iii) on any other day except between the hours of eight o?clock in the forenoon and nine o?clock in the afternoon;
- give, by implication, inference or statement, directly or indirectly, any false information to any person that may be detrimental to a debtor, his spouse or any member of his family;
- give, or threaten to give, by implication, inference or statement, directly or indirectly, to the person who employs a debtor, his spouse or any member of his family information that may adversely affect the employment or employment opportunities of the debtor, his spouse or any member of his family;
- make a demand by telephone, by personal call or by writing for payment of an account without indicating the name of the creditor with whom the account was incurred, the balance of the account and the identity and authority of the person making the demand;
- make telephone calls or personal calls of such nature or with such frequency as to constitute harassment of any person in an effort to determine the present whereabouts of the debtor, his spouse or any member of his family; or
- commence or continue an action for the recovery of a debt in the name of the collection agent or collector as plaintiff unless such debt has been assigned to the collection agent or collector, as the case may be, in good faith by instrument in writing for valuable consideration and notice of such assignment has been given to the debtor.
(2) Notwithstanding any agreement to the contrary between a debtor and a creditor, any costs incurred by a collection agent or by the creditor in employing a collection agent to collect the debt shall be deemed not to be a part of the amount owing by the debtor and shall not be recoverable by the creditor or by the collection agent acting on behalf of the creditor.
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