Unfair practices — §1692f

Authority

15 U.S.C. §1692f (FDCPA §808): general ban on unfair or unconscionable collection means, plus eight per-se examples. ¶(1) is the fee/charge authorization rule (the "pay-to-pay"/convenience-fee authority); (2)–(4) govern postdated checks; (7)–(8) govern postcards and envelopes.

Operative text

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: — 15 U.S.C. §1692f (lead sentence)

(1) Fees and charges:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. — 15 U.S.C. §1692f(1)

(2)–(4) Postdated checks:

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. — 15 U.S.C. §1692f(2)–(4)

(5)–(6):

(5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if— (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest; (B) there is no present intention to take possession of the property; or (C) the property is exempt by law from such dispossession or disablement. — 15 U.S.C. §1692f(5)–(6)

(7)–(8) Postcards and envelopes:

(7) Communicating with a consumer regarding a debt by post card.

(8) Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. — 15 U.S.C. §1692f(7)–(8)

Plain English

Interpretation — the quotes above win on any conflict.

• The lead sentence is an independent standard — conduct can be "unfair or unconscionable" without matching a numbered example.
• f(1) — the fee rule: ANY amount beyond principal (interest, fees, charges, expenses) may be collected only if it is (a) expressly authorized by the agreement creating the debt, or (b) permitted by law. This is the controlling authority for convenience fees / pay-to-pay fees, collection costs, interest accruals, NSF fees, and payment-processing surcharges. The CFPB's 2022 advisory opinion reads "permitted by law" narrowly — silence in state law is NOT permission (see ../cfpb-guidance/pay-to-pay-fees.md).
• Postdated checks: accepting an instrument postdated by more than 5 days requires written notice of intent to deposit, delivered 3–10 business days before the deposit. Never solicit a postdated check to set up a criminal-prosecution threat. Never deposit (or threaten to deposit) early.
• Mail rules: no postcards to consumers about a debt; envelopes carry nothing but the collector's address — business name allowed only if it doesn't reveal the debt-collection business. (Mirrors §1692b(4)–(5) for third-party location mail.)

Traps / edge cases

• f(1) applies per amount, not per invoice — an unauthorized $5 convenience fee on an otherwise-valid balance is a violation; collecting it via a third-party payment processor doesn't launder it (CFPB: collectors can violate f(1) through fees charged by payment processors they engage).
• "Expressly authorized by the agreement" means the agreement creating the debt (the original creditor contract) — the agency's client agreement authorizing fees is irrelevant to the consumer.
• Misstating a fee as owed also triggers §1692e(2)(B); inflating the balance with unauthorized charges triggers e(2)(A). Plead-both territory.
• f(2) notice window is in business days (3–10 before deposit) and applies to any "person," not just the consumer.
• f(8) is read literally by some courts — benign markings and even visible account barcodes/QR codes through glassine windows have generated suits (e.g., barcode/account-number-visible cases). Safest envelope = address block only.
• f(6) reaches repo threats without present right/intent — remember §1692a(6) sweeps security-interest enforcers into "debt collector" for this paragraph specifically.

Related

• Siblings: overview.md, false-misleading.md (e(2) pairs with f(1)), location-information.md (mail rules for third parties), communications.md
• CFPB guidance: ../cfpb-guidance/pay-to-pay-fees.md (2022 advisory opinion on f(1))
• Reg F: ../reg-f/validation-notice.md
• States: ../../state/ca.md, ../../state/ny.md, ../../state/tx.md (TX Finance Code fee limits), ../../state/fl.md, ../../state/ma.md