WHEN AND HOW A DEBT COLLECTOR CAN CONTACT CONSUMERS AND THIRD PARTIES - Consumer Rights Article
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Section 804 of the FDCPA states the requirements a debt collector must follow when contacting a third party in order to determine the specific location of the consumer.
One such requirement is that the debt collector may communicate with a third party only once, unless there is a reasonable belief that the statements provided during the first call were false or unless the third party requests to be contacted more than once. Further, an additional requirement is that the debt collector cannot reveal to a third party that the consumer owes any such debt.
Sections 805 and 806 state how a debt collector can communicate with the consumer. This section determines what times and places are appropriate for a debt collector to call, who to call if the consumer is represented by an attorney, whether the consumer can be called at their place of employment and when communication must cease. Such requirements prevent the debt collector from:
- Threaten you in any way;
- Harass you in any way;
- Leave ANY voicemail that does not:
1. identify the collector;
2. Identify the company and
3. State that any information will be used for debt collection purposes;
- Calling on a repeated and continuous basis/excessive calls (every day or 2-3 times in a single day);
- Calling prior to 8 a.m. and after 9 p.m.
- Informing a third party about your debt or leaving a message that a third party hears;
- Contacting the consumer at work when it is known that the employer prohibits such communications or after the collector is told not to;
- Attempting to continue collecting after a notice to stop communication has been given either orally or by written communication;
- Using language that is obscene, profane or abusive
- Threatening or using violence to collect, etc.
Contact Consumer Rights Lawyer, N. James Turner at The Debt Relief Law Center by Calling Toll Free 1.888.877.5103 to Schedule a Confidential and FREE Legal Consultation.
Orlando Consumer Rights Lawyer, N. James Turner proudly serves the Debt Collection Harassment, Debt Collection Defense, Bankruptcy, Student Loan Dispute, Auto Fraud, and other Consumer Law legal needs for residents of Orlando, Kissimmee, Orange County, Osceola County, Seminole County, and throughout Central Florida.