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Fair Debt Collection: 5.7.1 Text of FDCPA § 1692c(b)

(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 post-judgment 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 attorne

Fair Debt Collection: 5.7.2 Contacting Third Parties Generally Prohibited

FDCPA § 1692c(b)’s strict limitations on third-party contacts make it one of the FDCPA’s most important protections. Section 1692c(b) protects the consumer’s privacy, and also protects the consumer’s relationship with friends, neighbors, coworkers, and others. It protects both the consumer253 and the third party from the embarrassment and strain on their relationship of how to deal with the collector’s revelation to the third party of the consumer’s private financial affairs.

Fair Debt Collection: 5.7.3 Is a Third-Party Contact a Communication for Purposes of FDCPA § 1692c(b)?

As with FDCPA §§ 1692b and 1692c(a), discussed above, an analysis of whether a debt collector violated section 1692c(b) begins with whether the debt collector’s contact with the third party constitutes a “communication as defined by the FDCPA.285 FDCPA § 1692a(2) defines a communication for purposes of the Act as the conveying of information directly or indirectly regarding a debt.286 If the third-party contact is not a “communication,” then FDCPA § 1692c(b) does not apply to

Fair Debt Collection: 5.7.6 Other Allowed Third-Party Contacts

The Higher Education Act (HEA) allows for administrative wage garnishment without a court judgment to collect on defaulted federal student loans, so that this garnishment does not fall within FDCPA § 1692c(b)’s exception to effectuate a postjudgment remedy. Nevertheless, courts have held that the more specific HEA trumps section 1692c(b).333 Thus a debt collector can contact the student loan borrower’s employer to garnish the wages.

Fair Debt Collection: 5.7.7 Leaving Messages with Third Parties for the Consumer

Whether FDCPA § 1692c(b) is violated when a debt collector leaves a message for the consumer with a third party will depend on whether the message is treated as a communication under section 1692c(b).339 Courts have found that messages left with third parties for consumers are communications leading to a FDCPA § 1692c(b) violation if the message asks the consumer to return a call to discuss a debt340 or refers to a defaulted account.341 The FTC sta

Fair Debt Collection: 5.7.8 Voicemails for Consumers Overheard by Third Parties

Under Regulation F (effective November 30, 2021), voicemails that qualify as limited-content messages351 will be considered attempted communications352 and not communications.353 As a result, contacts that qualify as limited-content messages will not be third-party disclosures although voicemail messages that do not comply with that definition can still lead to third-party disclosures.

Fair Debt Collection: 5.7.9.1 Generally

Regulation F (effective November 30, 2021) addresses whether a collector can raise the bona fide error defense where a text or email communication mistakenly sent to or read by a third party violates FDCPA § 1692c(b)’s prohibition of third-party contacts. Third-party communication via emails or texts is prohibited, but Regulation F defines standards as to whether the collector has maintained procedures reasonably adapted to avoid a third-party communication.

Fair Debt Collection: 5.7.9.2 Procedures Where the Debt Collector Acquires the Email Address from the Consumer

Compliance with Regulation F § 1006.6.(d)(4)(i) (effective November 30, 2021) occurs where either the consumer used the email address to communicate with the debt collector about the debt and has not since opted out of communications to that email address,378 or the collector received directly from the consumer prior consent to use the email address to communicate about the debt and the consumer has not withdrawn the consent.379 Opting out of communications to an email address is examined at

Fair Debt Collection: 5.7.9.4 Procedures Where a Prior Debt Collector Obtains the Email Address from the Consumer

Regulation F (effective November 30, 2021) sets out procedures where a prior debt collector obtained the email address.407 The immediately prior collector408 must have used that email address to send an email to the consumer (and the consumer cannot then have opted out of communications to that email address) and any prior collector obtained the email address in compliance with Reg.

Fair Debt Collection: 5.8.1 Text of FDCPA § 1692c(c) and Reg. F § 1006.6(c)

(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 communications 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;

Fair Debt Collection: 5.8.5 Debt Referred to Another Collector After Request to Cease Collection

Where a creditor refers its claim against a consumer to a new collection agency after the consumer has sent a cease-contact letter to a prior collection agency, the creditor may violate a state unfair and deceptive acts and practices (UDAP) statute478—unless the particular state’s UDAP statute excludes from coverage collection practices.479 Another theory for pursuing the creditor for facilitating a subsequent debt collector’s contact with the consumer may be that the creditor violated the coven

Fair Debt Collection: 11.1 Private Remedy Is Primary Enforcement Mechanism

A debt collector who violates the federal Fair Debt Collection Practices Act (“FDCPA” or “Act”) while collecting a consumer debt is subject to suit by “any person”1 adversely affected by the violation. The Act grants concurrent federal and state jurisdiction,2 and the successful plaintiff may recover:

Fair Debt Collection: 16.3.1 Nature and Advantages of a UDAP Claim

Every state has passed at least one law protecting consumers from deceptive sales practices.390 These statutes, most of which were passed in the late 1960s and early 1970s, are typically referred to as “Little FTC Acts,” “Consumer Protection Acts,” or “UDAP” (unfair and deceptive acts and practices) statutes. They are often interpreted to prohibit unfair or deceptive practices by debt collectors.

Fair Debt Collection: 2.5 Preparation of a Suit for Damages

2.5.1 Client’s Recording of Phone Calls

When legal, evidence of collection abuse and of the client’s credibility might be obtained by the consumer recording a collection telephone call. This option is only available in certain states, because in other states recording a phone call without consent is a criminal offense. There are also legal ethical considerations if an attorney advises the client to record a telephone call.