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(3). Causing a telephone to ring or engaging any person in telephone conversation
repeatedly or continuously with intent to annoy, or harass in an attempt to repossess
collateral.

Example of repossession case law: In Cynthia M. Kueter v. Chrysler Financial
Corporation et al, the debtor (Kueter) claimed she received a telephone call from a woman
who identified herself as a lawyer for Chrysler asking for directions to her home for the
purpose of delivering a Federal Express package. Soon after, a Chrysler representative
reneged on a prior agreement arranged with Kueter and another Chrysler employee
threatened to have her arrested. Kueter alleged she later received another call from a Chrysler
employee who also threatened to have her arrested if she refused to disclose the location of
the collateral. Still later, Kueter alleged she received a phone call from someone claiming to
be a “skip-tracer” hired by Chrysler. That person told her “they were up the road and were
going to come.” Approximately 20 minutes later, two men with walkie-talkies and a dog
trespassed on her property. The Court stated, in part, “the facts raised a genuine issue of
material fact with regard to whether Chrysler, in its attempts to collect on the debt, threatened
criminal prosecution and used or threatened force or violence”. This was a clear case of
Harassment and abuse.

Example of repossession case law: In Deavers et al v. Standridge the debtor was late on
his payments and went to the dealership to make the late payments. The payments were
refused, the car was blocked in, and the debtor was told he could “walk his ass home.” The
Court ruled that the combined acts of blocking the vehicle and the offensive language were
sufficiently provocative of violence to constitute a Breach of the Peace.

Example of repossession case law: In Robertson v. Horton Brothers Recovery, Inc., the
debtor informed the dealer that the car engine failed and that she would not continue making
the payments until the car was repaired and that the vehicle was located at a local car
dealership. Defendant, Richard Baxendale, representing the seller harassed the debtor and
her family in an attempt to repossess the vehicle. The Court ruled that Horton Brothers
Recovery violated the FDCPA and the Uniform Commercial Code (UCC); the violations
being trespass, assault and invasion of privacy, negligence, defamation and intentional
infliction of emotional distress.

Section 1692e: False or Misleading Representations
It is a violation of this Section for a recovery agent to use any false, deceptive, or misleading
representations or means such as the following in an effort to repossess collateral:

(1). Falsely claiming to be a police officer, or affiliated with the United States or any State,
or displaying any badge, or uniform, etc. that would imply such connection in an attempt
to repossess collateral.
(2). Falsely representing himself as an attorney in an attempt to repossess collateral.
(3). A threat to attach the consumer’s wages if the consumer refuses to give up the
collateral.

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