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Communication With Third Parties
LAWDOG is intended to assist in the understanding of basic concepts. See Disclaimer. Always obtain legal advice from legal professionals.
Section 805 (b) provides that, 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.
When a debt collector is attempting to locate a consumer, sometimes referred to As "Skip Tracing," the rules of Section 804 must be followed. See "Locating Consumers" by clicking here. Link does not return to this page. A portion of the FTC Official Staff Commentary on the Fair Debt Collection Practices Act, reproduced here for illustration purposes only, includes the following: "Although a debt collector's search for information concerning the consumer's location (provided in 804) is expressly excepted from the ban on third party contacts, a debt collector may not call third parties under the pretense of gaining information already in his possession."
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 "Consent of Consumer" and all other selections 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.
