§ 7311. Unlawful collection agency practices
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: January 31, 2005
Effective: January 31, 2005
18 Pa.C.S.A. § 7311
§ 7311. Unlawful collection agency practices
(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,1 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.
(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.
(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.
“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.
Credits
1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 1990, Dec. 19, P.L. 1451, No. 219, § 2, imd. effective; 2004, Nov. 30, P.L. 1618, No. 207, § 4, effective in 60 days [Jan. 31, 2005].
Footnotes
73 P.S. § 201-1 et seq.
18 Pa.C.S.A. § 7311, PA ST 18 Pa.C.S.A. § 7311
Current through 2023 Regular Session Act 7. Some statute sections may be more current, see credits for details.
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