(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.
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(b) Communication with third parties. Except
as provided in section 804, 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.
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(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) 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.
[15 USC 1692c.]