Section 805 of the Fair Debt Collection Practices Act (FDCPA).
The Fair Debt Collection Practices Act - Section 805
805. Communication in connection with debt collection [15 USC 1692c]
(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 antimeridian 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.
(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 a 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.
(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.
