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Communication With Third Parties
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Except as provided in Section 804, which covers "locating" consumers, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. See Section 805 (b) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.
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.
A portion the FTC Official Staff Commentary for the Fair Debt Collection Practices Act reproduced here for illustration purposes only, includes the following: " Because of the broad statutory definition of "consumer" for the purposes of this section, many of its protections extend to parties close to the consumer. For example, the debt collector may not call the consumer's spouse at a time or place known to be inconvenient to the spouse. Conversely, he may call the spouse (guardian, executor, etc.) at any time or place that would be in accord with the limitations of section 805(a)."
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. Use browser "back" button to return.
