SENATE BILL NO. 989

A bill to amend 1980 PA 299, entitled

"Occupational code,"

by amending section 915 (MCL 339.915), as amended by 1981 PA 83.

the people of the state of michigan enact:

Sec. 915. A licensee shall not commit 1 or more do any of the following: acts:

(a) Communicating Communicate with a debtor in a misleading or deceptive manner, such as using the stationery of an attorney or the stationery of a credit bureau unless it is disclosed that it the communication is from the collection department of the credit bureau.

(b) Using forms or instruments which simulate Use a form or instrument that simulates the appearance of judicial process.

(c) Using seals Use a seal or printed forms form of a government agency or instrumentality.

(d) Using forms Use a form that may otherwise induce the belief that they have the form has judicial or official sanction.

(e) Making Make an inaccurate, misleading, untrue, or deceptive statement or claim in a communication to collect a debt or concealing conceal or not revealing reveal the purpose of a communciation when it communication that is made in connection with collecting a debt.

(f) Misrepresenting in In a communication with a debtor, misrepresent any of the following:

(i) The legal status of a legal action being taken or threatened.

(ii) The legal rights of the creditor or debtor.

(iii) That the nonpayment of a debt will result in the debtor's arrest or imprisonment, or the seizure, garnishment, attachment, or sale of the debtor's property.

(iv) That accounts have an account has been turned over to an innocent purchasers purchaser for value.

(g) Communicating Communicate with a debtor without accurately disclosing the caller's identity or cause expenses to the debtor for a long distance telephone call, telegram, or other charge.

(h) Communicating Communicate with a debtor, except through billing procedure, when if the debtor is actively represented by an attorney, the attorney's name and address are known, and the attorney has been contacted in writing by the credit grantor creditor or the credit grantor's creditor's representative or agent, unless the attorney representing the debtor fails to answer written communication or fails to discuss the claim on its merits within not later than 30 days after receipt of the attorney receives the written communication.

(i) Communicating Communicate information relating that relates to a debtor's indebtedness to an employer or an employer's agent unless the communication is specifically authorized in writing by the debtor subsequent to the forwarding of the claim for collection, the communication is in response to an inquiry initiated by the debtor's employer or the employer's agent, or the communication is for the purpose of acquiring location information about the debtor.

(j) Using or employing, in In connection with collection of a claim, a person acting use or employ an individual to act as a peace or law enforcement officer or any other officer authorized to serve legal papers.

(k) Using In connection with collection of a claim, use or threatening threaten to use physical violence. in connection with collection of a claim.

(l) Publishing, causing Publish, or cause to be published, or threatening threaten to publish lists a list of debtors, except for credit reporting purposes when if the list is in response to a specific inquiry from a prospective credit grantor about a debtor.

(m) Using Use a shame card, shame automobile, or otherwise bring to public notice that the a consumer is a debtor, except with respect to a pending legal proceeding. which is instituted.

(n) Using Use a harassing, oppressive, or abusive method to collect a debt, including causing a telephone to ring or engaging a person an individual in telephone conversation repeatedly, continuously, or at unusual times or places which are known to be that the licensee or the representative of the creditor that makes the call knows are inconvenient to the debtor. All communications shall must be made from after 8 a.m. to but before 9 p.m. unless the debtor expressly agrees in writing to communications at another time. All telephone communications made from after 9 p.m. to but before 8 a.m. shall be are presumed to be made at an inconvenient time in the absence of facts to the contrary.

(o) Using Use profane or obscene language.

(p) Using Use a method that is contrary to a postal law or regulation to collect an account.

(q) Failing Fail to implement a procedure designed to prevent a violation by an employee.

(r) Communicating Communicate with a consumer regarding a debt by postcard.

(s) In connection with collection of a claim, communicate with a debtor by using a text message or a social media platform.