15 U.S.C. § 1692b — Acquisition of location information

Page 1635 TITLE 15—COMMERCE AND TRADE § 1692b (4) The term ‘‘creditor’’ means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. (5) The term ‘‘debt’’ means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are pri- marily for personal, family, or household pur- poses, whether or not such obligation has been reduced to judgment. (6) The term ‘‘debt collector’’ means any person who uses any instrumentality of inter- state commerce or the mails in any business the principal purpose of which is the collec- tion of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is col- lecting or attempting to collect such debts. For the purpose of section 1692f(6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal pur- pose of which is the enforcement of security interests. The term does not include— (A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor; (B) any person while acting as a debt col- lector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts; (C) any officer or employee of the United States or any State to the extent that col- lecting or attempting to collect any debt is in the performance of his official duties; (D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt; (E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists con- sumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and (F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fidu- ciary obligation or a bona fide escrow ar- rangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction in- volving the creditor. (7) The term ‘‘location information’’ means a consumer’s place of abode and his telephone number at such place, or his place of employ- ment. (8) The term ‘‘State’’ means any State, terri- tory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing. (Pub. L. 90–321, title VIII, § 803, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 875; amended Pub. L. 99–361, July 9, 1986, 100 Stat. 768; Pub. L. 111–203, title X, § 1089(2), July 21, 2010, 124 Stat. 2092.) Editorial Notes AMENDMENTS 2010—Par. (1). Pub. L. 111–203 added par. (1) and struck out former par. (1) which read as follows: ‘‘The term ‘Commission’ means the Federal Trade Commission.’’ 1986—Par. (6). Pub. L. 99–361 in provision preceding cl. (A) substituted ‘‘clause (F)’’ for ‘‘clause (G)’’, struck out cl. (F) which excluded any attorney-at-law col- lecting a debt as an attorney on behalf of and in the name of a client from term ‘‘debt collector’’, and redes- ignated cl. (G) as (F). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. EFFECTIVE DATE Section effective upon the expiration of six months after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as added by Pub. L. 95–109, set out as a note under section 1692 of this title. § 1692b. Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the con- sumer shall— (1) identify himself, state that he is con- firming or correcting location information concerning the consumer, and, only if ex- pressly requested, identify his employer; (2) not state that such consumer owes any debt; (3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector rea- sonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information; (4) not communicate by post card; (5) not use any language or symbol on any envelope or in the contents of any communica- tion effected by the mails or telegram that in- dicates 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 con- sumer is represented by an attorney with re- gard to the subject debt and has knowledge of, Page 1636 TITLE 15—COMMERCE AND TRADE § 1692c 1 See References in Text note below. or can readily ascertain, such attorney’s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt col- lector. (Pub. L. 90–321, title VIII, § 804, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 876.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of six months after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as added by Pub. L. 95–109, set out as a note under section 1692 of this title. § 1692c. Communication in connection with debt collection (a) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the ex- press permission of a court of competent juris- diction, a debt collector may not communicate with a consumer in connection with the collec- tion 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 con- trary, 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 communica- tion. (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 ex- press permission of a court of competent juris- diction, 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 re- porting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. (c) Ceasing communication If a consumer notifies a debt collector in writ- ing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the con- sumer, the debt collector shall not communicate further with the consumer with respect to such debt, except— (1) to advise the consumer that the debt col- lector’s further efforts are being terminated; (2) to notify the consumer that the debt col- lector or creditor may invoke specified rem- edies 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 re- ceipt. (d) ‘‘Consumer’’ defined For the purpose of this section, the term ‘‘con- sumer’’ includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator. (Pub. L. 90–321, title VIII, § 805, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 876.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of six months after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as added by Pub. L. 95–109, set out as a note under section 1692 of this title. § 1692d. Harassment or abuse A debt collector may not engage in any con- duct the natural consequence of which is to har- ass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the fol- lowing conduct is a violation of this section: (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b(3) 1 of this title. (4) The advertisement for sale of any debt to coerce payment of the debt. (5) Causing a telephone to ring or engaging any person in telephone conversation repeat- edly or continuously with intent to annoy, abuse, or harass any person at the called num- ber. (6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity. (Pub. L. 90–321, title VIII, § 806, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 877.) Editorial Notes REFERENCES IN TEXT Section 1681b(3) of this title, referred to in par. (3), was redesignated section 1681b(a)(3) of this title by Pub. L. 104–208, div. A, title II, § 2403(a)(1), Sept. 30, 1996, 110 Stat. 3009–430.