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Communication With Consumer To Collect a Debt
LAWDOG is intended to assist in the understanding of basic concepts. See Disclaimer. Always obtain legal advice from legal professionals.
No Unusual Or Inconvenient Times Or Places
Without the prior consent of the consumer given directly to the debt collector, or the express permission of a court, a debt collector may not communicate with a consumer in connection with the collection of any debt at any unusual time or place, or a time or place known or which should be known to be inconvenient to the consumer. See Section 805 (a) (1) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.
Between 8 a.m. and 9 p.m. Local Time of The Debtor
In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location. See Section 805 (a) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.
Credible Information of Inconvenience
A portion the FTC Official Staff Commentary for the Fair Debt Collection Practices Act reproduced here for illustration purposes only, includes the following: "Inconvenient or unusual times or places (section 805(a)(1)). A debt collector may not call the consumer at any time, or on any particular day, if he has credible information (from the consumer or elsewhere) that it is inconvenient. If the debt collector does not have such information, a call on Sunday is not per se illegal.
"Consumer" Defined
For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator. See Section 805 (d) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.
See other restrictions from Previous Menu.
A copy of the Fair Debt Collection Practices Act is reproduced for illustration purposes only
here. A copy the FTC Official Staff Commentary on the Fair Debt Collection Practices Act is reproduced for illustration purposes only here. Read Sources and Disclaimer. Links do not return to this page. Use browser "back" button to return.
