LAWDOG Fair Debt Collection Practices
Act
MORE DETAIL: Consumer
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A Portion of Section 805.....
Communication in connection with debt collection...
(b) Communication with third parties
Except as provided in section 804 of this title,
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.
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(d) "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.
![[FTC Staff Commentary]](oftc5.gif)
Section 805(d)--"consumer" definition.
For section 805 purposes, the term "consumer" includes the "consumer's
spouse, parent (if the consumer is a minor), guardian, executor, or administrator."
1. Broad "consumer" definition.
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).
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