LAWDOG Fair Debt Collection Practices Act

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Oral and Written Messages Which Refer To A "Debt"

As used in the Fair Debt Collection Practices Act, the term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.

See Section 803 (2) of the Fair Debt Collection Practices Act, and a portion of the FTC Staff Commentary On the Fair Debt Collection Practices Act, reproduced below for illustration purposes only.

Section 803(2) defines "communication" as the "conveying of information regarding a debt directly or indirectly to any person through any medium."

1. General. The definition includes oral and written transmission of messages which refer to a debt.

2. Exclusions. The term does not include formal legal action (e.g., filing of a lawsuit or other petition/pleadings with a court; service of a complaint or other legal papers in connection with a lawsuit, or activities directly related to such service). Similarly, it does not include a notice that is required by law as a prerequisite to enforcing a contractual obligation between creditor and debtor, by judicial or nonjudicial legal process.

The term does not include situations in which the debt collector does not convey information regarding the debt, such as:

*A request to a third party for consumer to return a telephone call to the debt collector, if the debt collector does not refer to the debt or the caller's status as (or affiliation with) a debt collector.

*A request to a third party for information about the consumer's assets, if the debt collector does not reveal the existence of a debt.

*A request to a third party in connection with litigation (e.g., requesting a third party to complete a military affidavit that must be filed as a prerequisite to enforcing a default judgment, if the debt collector does not reveal the existence of the debt."

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A portion of Section 803.....
Definitions

As used in this subchapter--...

(2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.

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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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