What constitutes an unfair practice in debt collection?

Prepare for the CUCE Consumer Lending Exam. Dive deep with flashcards and multiple-choice questions, complete with hints and explanations. Excel in your exam!

Depositing a post-dated check before its date constitutes an unfair practice in debt collection because it violates the agreed-upon terms between the debtor and creditor regarding the timing of payment. When a debtor provides a post-dated check, they are indicating their intention to pay on a specific future date. By depositing that check prematurely, the collector disregards this agreement and can cause financial harm to the debtor, such as overdraft fees or insufficient funds. This action is considered deceptive and may be viewed as taking advantage of the debtor’s situation, which aligns with behaviors regarded as unfair or abusive in the context of debt collection practices.

In contrast, other options may not necessarily violate consumer protection laws. For instance, making collections based on verbal agreements or accepting a check without prior written notice may be standard practices depending on the circumstances. Soliciting payment from multiple contacts can sometimes be justified if the creditor is attempting to reach the debtor, provided it does not become harassing or intrusive.

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