Part 12 — .1
124.2 Prohibited practices
practices:
(a) discounting the principa l amount of a payday loan;
(b) collecting or receiving any fees or charges before the fir st
payday loan instalment payment is due;
(c) granting a rollover loan;
(d) accepting a cheque from a bor rower that is not payable to
the payday lender;
(e) subject to the regulations, requiring a payday loan
instalment payment to be due on a day before the day on
which a borrower will receive his or her pay or other income
for the pay period to which that instalment payment relates;
(f) requiring, requesting or acce pting information or consent
that would give the payday lender or a third party direct
access to a borrower's bank account, other than information
required for pre-authorization for repayment of a specific
payday loan;
(g) attempting to process a payday loan instalment payment
before the day on which it is due;
(h) making withdrawals from a borrower's account without the
express consent of the borrower;
RSA 2000
(i) charging any amount to a borrower to whom the payday
lender provides a payday loan in addition to the fees
provided for in the agreement with that borrower in relation
to the payday loan;
(j) charging a fee for converting a payday loan cheque issued
by the payday lender to cash;
(k) failing to include the name of the payday lender as shown
on the payday lender's licence in all contact and
correspondence with the borrower;
(l) making any call in person or by telephone for the purpose of
collecting or attempting to collect an outstanding payday
loan payment except between 7 a.m. and 10 p.m. in Alberta;
(m) directly or indirectly thr eatening or stating an intention to
proceed with any action for which there is no lawful
authority;
(n) contacting an individual other than the borrower for the
purposes of collecting or attempting to collect an
outstanding payday loan payment;
(o) contacting or attempting to c ontact any individual in respect
of an outstanding payday loan payment by any means in
such a manner as to constitute harassment, including but not
limited to
(i) the use of threatening, profane, intimidating or coercive
language,
(ii) the use of undue, excessive or unreasonable pressure, or
(iii) the use of telephone, e-ma il, a call in person or other
methods of contact, other than traditional mail, to call or
send messages excessively;
(p) giving any person, directly or indirectly, by implication or
otherwise, any false or misleading information, including
but not limited to references to the police, a law firm, prison,
credit history, court proceedings or a lien or garnishment;
(q) contacting a borrower's spouse or adult interdependent
partner, relative, neighbour, friend or acquaintance unless
the contact is limited to the purpose of obtaining the
borrower's residential address, personal telephone number
or employment telephone number;
RSA 2000
(r) contacting a borrower's employer for any purpose other tha n
to confirm the borrower's employment status and business
title, the business address of the borrower's place of
employment or the date of the borrower's next payday;
(s) contacting a borrower at the borrower's place of
employment for the purposes of collecting or attempting to
collect an outstanding payday loan payment;
(t) contacting a borrower at the borrower's place of
employment, for any reason other than collecting or
attempting to collect an outstanding payday loan payment, if
the borrower
(i) requests the payday lender not to contact the borrower
there,
(ii) makes reasonable arrange ments to discuss the payday
loan with the payday lender, and
(iii) discusses the payday loan with the payday lender in
accordance with the arrangements;
(u) communicating informatio n about a payday loan or the
existence of a payday loan to any person without the express
consent of the borrower;
(v) entering into or arranging wage assignments with a
borrower or the employer of a borrower;
(w) publishing or threatening to publish a notice of a borrowe r's
failure to pay;
(x) giving false, misleading or deceptive information in
advertisements, solicitations or negotiations with respect to
a payday loan;
(y) soliciting, negotiating or entering into an agreement with a
borrower respecting another form of credit at a time when a
payday loan entered into by the borrower is outstanding;
(z) actively soliciting individuals through direct contact by
mail, phone, fax, e-mail or a social media website.
(2) A payday lender shall not attempt to collect an outstanding
payday loan more than 3 years after the date of the last payment or
written acknowledgment by the borrower.
2016 cE-9.5 s8
RSA 2000