Page:United States Statutes at Large Volume 91.djvu/911

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PUBLIC LAW 95-000—MMMM. DD, 1977

PUBLIC LAW 95-109—SEPT. 20, 1977

91 STAT. 877

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 W I T H T H I R D 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 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 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 fuither 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. I f 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 m i n o r), guardian, executor, or administrator. "§ 806. Harassment or abuse " A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. W i t h o u t limiting the general application of the foregoing, the following conduct is a violation of this section: " (1) The use or t h r e a t of use of violence or other criminal means to h a r m 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 603(f) or 604(3) of this Act. " (4) The advertisement for sale of any debt to coerce payment of the debt. " (5) Causing a telephone to r i n g or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. " (6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity. "§ 807. False or misleading representations "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

15 USC 1692(1.

15 USC 1681a, 1681b.

15 USC 1692e.