Permissible Contacts: Overview

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Permissible Contacts: Overview

Post by David A. Szwak »

Guidelines for what constitutes permissible communications with a debtor are found in §1692c of the FDCPA.

Section 1692c applies to all types of communications with debtors, including written contact and verbal contact, whether in person, via telephone or any other medium.

Section 1692c prohibits contact with debtors at inconvenient times and places.

The Act specifically states that calls and other contacts are to be made between 8:00 a.m. and 9:00 p.m.

Any calls not made within those times are presumptively inconvenient under the FDCPA.

As many collection agencies and law firms collect debts over several states, it is important to keep in mind that these times are the times in the debtor’s time zone.

Section 1692c also restricts the places at which a debtor may be contacted.

Workplace contacts are not expressly prohibited by the Act, however creditors should use caution when contacting debtors at their places of employment.

The Act prohibits workplace contacts only when the creditor “knows or has reason to knowâ€
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
Fax 318-221-6555
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