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.
Next
Previous
