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Fair Debt Collection Practices Act
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#805. Communication in connection with debt collection
[15 USC 1692c]
(a) COMMUNICATION
WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer
given directly to the debt collector or the express permission of a court of
competent jurisdiction, a debt collector may not communicate with a consumer
in connection with the collection of any debt --
(1) at any unusual
time or place or a time or place known or which should be known to be
inconvenient to the consumer. In the absence of knowledge of circumstances
to the contrary, a debt collector shall assume that the convenient time
for communicating with a consumer is after 8 o'clock antimeridian and
before 9 o'clock postmeridian, local time at the consumer's location;
(2) if the debt
collector knows the consumer is represented by an attorney with respect to
such debt and has knowledge of, or can readily ascertain, such attorney's
name and address, unless the attorney fails to respond within a reasonable
period of time to a communication from the debt collector or unless the
attorney consents to direct communication with the consumer; or
(3) at the
consumer's place of employment if the debt collector knows or has reason
to know that the consumer's employer prohibits the consumer from receiving
such communication.
(b) COMMUNICATION
WITH THIRD PARTIES. Except as provided in 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 a 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.
(c) CEASING
COMMUNICATION. If a consumer notifies a debt collector in writing that the
consumer refuses to pay a debt or that the consumer wishes the debt
collector to cease further communication with the consumer, the debt
collector shall not communicate further with the consumer with respect to
such debt, except --
(1) to advise the
consumer that the debt collector's further efforts are being terminated;
(2) to notify the
consumer that the debt collector or creditor may invoke specified remedies
which are ordinarily invoked by such debt collector or creditor; or
(3) where
applicable, to notify the consumer that the debt collector or creditor
intends to invoke a specified remedy.
If such notice from
the consumer is made by mail, notification shall be complete upon receipt.
(d) 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.
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