Communications with others

[David A. Szwak]

Section 1692c(b) provides that creditors may not communicate with parties other than the consumer, attorneys representing either the debtor or creditor and consumer reporting agencies regarding a debt.

A notable exception to § 1692c is found within § 1692b which allows a debt collector to communicate with a third party to obtain location information about the debtor provided that the debt collector identifies himself, states that he is confirming or correcting location information on the consumer and not state that such consumer owes a debt.

The debt collector must not identify his employer unless expressly asked and may not communicate with any person more than once unless requested to do or unless that collector believed that earlier responses from that person were erroneous or incomplete and that person now has correct information.

A debt collector may also communicate with third parties in order to gain information regarding the whereabouts or employment of the debtor in order to obtain information necessary to effectuate a post judgment remedy such as a garnishment.

The consumer may waive his rights under this Section by giving consent to discuss the debt with third parties.

This is commonly done when the debtor is trying to obtain debt consolidation financing or seeking credit counseling services.

Where practicable, this consent should be given in writing by the debtor to insure that all parties are properly protected, although the terms of the Act do not require the consent to be in writing.