Debt Collectors: Your Information and Communication

Under the FDCPA, new restrictions were put in place to change the way debt collectors gained information about you, who the collectors could share this information with, and what they can do with it. Without these safe guards, in the past, collectors have used debt information to harass and embarrass consumers into paying their debts. This creates undue stress on the consumer in an already trying time. No one wants to be in a position of financial limbo, much less having that information shared with their employer, family and friends.

Section 15 USC1692b of the FDCPA sets out restrictions placed on debt collectors in regard to how they gather your information.

DSC00213 (Photo credit: BankruptcyLawyerStL)

- Debt collectors must identify themselves to the person they are seeking information from and state that they are confirming location information in regard to the consumer. The collector is only required to identify their employer only if expressly asked by the information giver.

- In the process of acquiring information about the consumer, they cannot state that the communication is for the purpose of collecting a debt.

- Debt collectors are prohibited from communicating with such person (information giver) more than once unless requested by that person, or if the collector has reason to believe the information given is erroneous and new information has been located.

- Communication of information is prohibited by postcard.

- Language or symbols that identify the activity of debt collection on mailings is prohibited.

- After collector has become aware or notified that the consumer is represented by an attorney in regard to debt, and has the name and address of that attorney, is prohibited from communicating with anyone other than that attorney.

When is a Debt Collector prohibited from contacting you?

Section 15 USC 1692c clears up when a collector can and cannot contact you in reference to your debt. This section is needed to ensure that collectors do not continue to contact you at odd times of the day, or at improper places, such as work.

Without prior consent of the consumer or in absence of an express permission from a court of jurisdiction a debt collector is prohibited from communication with the consumer as follows:

- At an unusual time or place, or at a time and place that is known to be inconvenient to the consumer. The standard time for communication between the collector and consumer has been set out between the hours of 8:00 am to 9:00 pm local time of consumers’ location.

- If the consumer has acquired the services of an attorney for the purpose of debt problems communication is prohibited with the consumer unless the attorney of the consumer has given consent.

This is relevant when a consumer is in the process of filing bankruptcy and wants to work out loan modification or reaffirmation. Before beginning the process the creditor requires that the attorney provide written consent for the two parties to communicate. Without this consent, they are not allowed to communicate with you.

- Communication is prohibited at the consumers’ place of employment if the collector knows that the employer does not allow the consumer to receive such communication.

Who can a debt collector communicate with in regard to my debt?

- Without prior consent from the consumer, permission from the court or as part of a judicial remedy, the collector cannot communicate with any party other than the following: