LAWDOG Fair Debt Collection Practices Act

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Prior Consent Directly To Debt Collector

Except for obtaining "location information" covered by Section 804, 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.

Collector Should Use Caution If Consent Not In Writing

A portion the FTC Official Staff Commentary for the Fair Debt Collection Practices Act, reproduced here for illustration purposes only, includes the following: "The consumer's consent need not be in writing. For example, if a third party volunteers that a consumer has authorized him to pay the consumer's account, the debt collector may normally presume the consumer's consent, and may accept the payment and provide a receipt to the party that makes the payment. However, consent may not be inferred only from a consumer's inaction when the debt collector requests such consent. ."

"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.

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.

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