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17-24-504. Communication in connection with debt collection.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-24-504. Communication in connection with debt collection.
(a) 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 a debt:
(1)(A) At an unusual time or place or a time or place known or which should be known to be inconvenient to the consumer.
(B) 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 8:00 a.m. and before 9:00 p.m. local time at the consumer's location;
(2) If the debt collector knows the consumer is represented by an attorney with respect to the debt and has knowledge of or can readily ascertain the attorney's name and address, unless:
(A) The attorney fails to respond within a reasonable period of time to a communication from the debt collector; or
(B) 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 the communication.
(b) Except as provided in § 17-24-503, 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 a debt with a person other than the consumer, his or her attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
(c) If a consumer notifies a d
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-24-504
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:17-24-504
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 64e28d334230d04ff3087e80b63eba0ed10ee4c014eb8c38eef7eaa82162108c
Source location: content.xml paragraph 6309
Stored source content
17-24-504. Communication in connection with debt collection.
(a) 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 a debt:
(1)(A) At an unusual time or place or a time or place known or which should be known to be inconvenient to the consumer.
(B) 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 8:00 a.m. and before 9:00 p.m. local time at the consumer's location;
(2) If the debt collector knows the consumer is represented by an attorney with respect to the debt and has knowledge of or can readily ascertain the attorney's name and address, unless:
(A) The attorney fails to respond within a reasonable period of time to a communication from the debt collector; or
(B) 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 the communication.
(b) Except as provided in § 17-24-503, 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 a debt with a person other than the consumer, his or her attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
(c) 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 the 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 that are ordinarily invoked by the debt collector or creditor; or
(3)(A) When applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
(B) If the notice from the consumer is made by mail, notification is complete upon receipt.
(d) As used in this section, “consumer” includes the consumer's spouse, parent if the consumer is a minor, guardian, executor, or administrator.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-24-503. Acquisition of location information.
A debt collector communicating with a person other than the consumer to acquire location information about the consumer shall:
(1) Identify himself or herself, state that he or she is confirming or correcting location information concerning the consumer, and only if expressly requested, identify his or her employer;
(2) Not state that the consumer owes a debt;
(3) Not communicate with the person more than one (1) time unless:
(A) Requested to do so by the person; or
(B) The debt collector reasonably believes that:
(i) The earlier response of the person is erroneous or incomplete; and
(ii) The person now has correct or complete location information;
(4) Not communicate by postcard;
(5) Not use a language or symbol on a envelope or in the contents of a communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and
(6) After the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of or can readily ascertain the attorney's name and address, not communicate with a person other than that attorney unless the attorney fails to respond to communication from the debt collector within a reasonable period of time.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-24-503
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-24-503. This identifies an authority to review, not proof of applicability.