|
|
|
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.
If Consumer Is Represented By An Attorney
Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address.
If Attorney fails To Respond Or Consents
However, Section 805 (b) also includes a provision that the debt collector may contact the consumer if the attorney "fails to respond within a reasonable period of time to a communication from the debt collector" or if the attorney specifically consents to direct communication with the consumer. Great caution should be exercised in such situations. Certainly such situations should be documented in writing. See Section 805 (a) (2) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.
A portion the FTC Official Staff Commentary for the Fair Debt Collection Practices Act reproduced here for illustration purposes only, includes the following: "If a debt collector learns that a consumer is represented by an attorney in connection with the debt, even if not formally noticed of this fact, the debt collector must contact only the attorney and must not contact the consumer." It also includes the following: "The creditor's knowledge that the consumer has an attorney is not automatically imputed to the debt collector."
"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.
