Business management

Business management

Contact with Third Persons
In general, a debt collector is allowed only limited contact with third persons, such as the friends and employers of the debtor. A debt collector may contact a third person only to find out the address or phone number of the debtor. When the debt collector contacts the third person, he or she is not allowed to tell that third person that a debt is owed. The debt collector is not supposed to communicate with that third person more than once, unless requested to do so by that third person. Also, if an attorney represents the debtor, then the debt collector is not allowed to contact any third party other than the attorney. 15 U.S.C. §1692b.

b. Contact with the Debtor The debt collector may not contact the debtor at an unusual time or place that is known or should be known to be inconvenient to the debtor. 15 U.S.C. 1692c(a)(1). The debt collector may not contact the debtor at his or her place of employment if there is reason to know that the employer prohibits such contact. 15 U.S.C. §1692c(a)(3).

If an attorney represents the debtor, the debt collector must communicate with the debtor through that attorney. 15 U.S.C. §1692c(a)(2).

If the debtor notifies the debt collector in writing that he or she refuses to pay the debt or that the debtor wishes the debt collector to stop contacting him or her, then the debt collector must stop contacting the debtor, except:
(i) to advise the debtor that the debt collector’s efforts are being terminated;
(ii) to notify the debtor that the debt collector may try to obtain a specific remedy against the debtor, or;
(iii) to notify the debtor that the debt collector intends to obtain a specific remedy against the debtor. 15 U.S.C. §1692c(c). The debt collector may not engage in any conduct that would harass, oppress or abuse the debtor in connection with the collection of the debt. 15 U.S.C. §1692d. For example, the debt collector may not: use or threaten to use violence or other criminal means...

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