What is FDCPA 15 USC 1692c 805 (b)? - Debt Resolution Law Questions and Answers- LawQA.com

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What is FDCPA 15 USC 1692c 805 (b)?

Law Office of Stuart M. Nachbar, P.C.
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Fair Debt Collection Practices Act ? 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 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.

Answer Applies to: New Jersey
Replied: 9/24/2012

Benjamin D Gordon, Attorney at Law
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The FDCPA is the Fair Debt Collection Practices Act, and it regulates the actions creditors can take in trying to collect debts. section 805 (b), which you asked about, reads as follows: (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.

Answer Applies to: Utah
Replied: 9/24/2012

Answer By Diane L. Drain
Law Office of D.L. Drain, P.A.
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The Fair Debt Collection Practices Act. See this link: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.shtm.

Answer Applies to: Arizona
Replied: 9/24/2012


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The following is the language for the statute you were questioning.? It prevent a debt collector from contacting third parties concerning your debt. ? (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.

Answer Applies to: Michigan
Replied: 9/24/2012

Answer By Alan Smith

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The FDCPA is the Fair Debt Collection Practices Act, a federal law that governs how debt collectors can pursue debtors. The particular part you refer to governs communication by collectors with parties other than the debtor. You can read the full text of the FDCPA here: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

Answer Applies to: Florida
Replied: 9/24/2012

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
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Fair debt collection practices act refers to the violations by debt collectors for household debt.

Answer Applies to: New York
Replied: 9/24/2012

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