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FTC Staff Commentary: Fair Debt Collection Practices Act
Section 804
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Section 804--Acquisition of Location Information
Section 804 requires a debt collector, when communicating with third parties for the purpose of acquiring information about the consumer's location to "(1)identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer," (2) not refer to the debt, (3) usually make only a single contact with each third party, (4) not communicate by post card, (5) not indicate the collection nature of his business purpose in any written communication, and (6) limit communications to the consumer's attorney, unless the attorney fails to respond to the communication.
1. General. Although the FDCPA generally protects the consumer's privacy by limiting debt collector communications about personal affairs to third parties, it recognizes the need for some third party contact by collectors to seek the whereabouts of the consumer.
2. Identification of debt collector (section 804(1)). An individual employed by a debt collector seeking location information must identify himself, but must not identify his employer unless asked. When asked, however, he must give the true and full name of the employer, to comply with this provision and avoid a violation of 807(14).
An individual debt collector may use an alias if it is used consistently and if it does not interfere with another party's ability to identify him (e.g. the true identity can be ascertained by the employer).
3. Referral to debt (section 804(2)). A debt collector may not refer to the consumer's debt in any third party communication seeking location information, including those with other creditors.
4. Referral to debt collector's business (section 804(5)). A debt collector may not use his actual name in his letterhead or elsewhere in a written communication seeking location information, if the name indicates collection activity (such as a name containing the work "debt", "collector", or "collection"), except when the person contacted has expressly requested that the debt collector identify himself.
4. Communication with consumer's attorney (section 804(6)). Once a debt collector learns a consumer is represented by an attorney in connection with the debt, he must confine his request for location information to the attorney. (See also comments on section 805(a)(2)).
