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LAWDOG Fair Debt Collection Practices Act


MORE DETAIL: A Consumer Reporting Agency
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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]

5. Non-excepted parties. A debt collector may discuss the debt only with the parties specified in this section (consumer, creditor, a party's attorney, or credit bureau). For example, unless the consumer has authorized the communication, a collector may not discuss the debt (such as dishonored check) with a bank, or make a report on a consumer to a non-profit counseling service.

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