15 U.S.C. § 1692c: Communication in connection…

Summary

Debt collectors must not contact you about a debt unless you agree first or a court says it’s allowed. They can’t call or visit at odd or inconvenient times or places. If they don’t know otherwise, they should only call between 8:00 a.m. and 9:00 p.m. local time. If they know you have a lawyer for that debt and have the lawyer’s contact, they must talk to the lawyer instead unless the lawyer doesn’t reply or agrees. They also must stop contacting you at work if your employer forbids it. They may not talk to other people about your debt except your lawyer, a credit reporting agency when the law allows, the creditor, or the creditor’s or the collector’s lawyer, or when a court judgment makes contact necessary. If you send a written notice saying you refuse to pay or want them to stop, the collector must stop except to say they stopped, to warn they may use usual remedies, or to say they will take a specific action. Mail notice counts when it is received. Consumer: includes spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

Title 15, §1692c

Commerce and Trade, Source: USLM XML via OLRC

(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 antemeridian 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 1692b of this title, 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 the 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)“Consumer” defined

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.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon the expiration of six months after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as added by Pub. L. 95–109, set out as a note under section 1692 of this title.

§1692c Communication in Connection with Debt Collection

Summary

Title 15, §1692c

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata