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D. Taking possession of property without the legal
right to do so.
E. Revealing the debtor’s debts without the debtor’s consent, to the debtor’s
employer, co-workers or any other third party.

2. Deceptive Acts or Practices:

A. Pretexting in attempting to complete a repossession.
B. Representing yourself as a police officer or other lawful authority in an attempt
to repossess collateral.
C. Threatening to repossess collateral when there is no intention to complete the
repossession. This may happen when the lender advises the recovery agent that
they do not want a repossession to occur but wants the recovery agent to contact
the debtor and threaten repossession in order to convince the debtor to make
payment arrangements.
D. Wearing any clothing or badge which may falsely suggest that the recovery agent
has police or other governmental authority in an attempt to repossess collateral.
E. Leaving business cards or other written messages at the debtor’s residence
implying that you that you represent authority that you do not have in an attempt
to affect a repossession.
F. A threat to attach the debtor’s wages if he/she refuses to allow the repossession.
G. Telling the debtor that a refusal to allow the repossession is a crime.
H. A threat to take legal action that cannot be taken or is not intended to be taken in
order to complete a repossession.

3. Abusive Acts or Practices:

A. Yelling and/or cursing at a debtor or third party in the process of repossession.
B. Making threats to a debtor or third party who is protesting a repossession.
C. Using physical force against the debtor or third party in a repossession attempt.
D. Using the assistance of police to assist in a repossession (Color of Law).
E. Threatening any action that is not intended or that the recovery agent does not
have the authorization to do so in attempt to repossess the collateral.
F. False threats of lawsuits, arrest, prosecution, or imprisonment for non-payment of
a debt in attempting to complete a repossession.
G. Contacting third parties and discussing the intent to repossess the debtor’s
collateral.
H. Discussing a debtor’s non-public personal information with third parties for the
purpose of completing a repossession.

Again, the obligation to avoid UDAAPs under the Dodd-Frank Act is in addition to any
obligations under the FDCPA. As such, the UDAAP violations above may also be
considered as Breaches of the Peace and therefore may be subject to a Wrongful
Repossession lawsuit under Section 1692 f (6) (a) of the FDCPA.

The CFPB will continue to review financial institutions closely to ensure that the
Recovery Agent vendors they hire understand comply with mandates regarding
UDAAPs.

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