FDCPA Third-Party Contacts and Location Information 2 — Questions and Answers
Question 1: A debt collector contacts the consumer's spouse to ask for the consumer's new address. Is this a third-party contact under the FDCPA?
- Yes, and the same location-information restrictions apply (Correct answer)
- No, spouses are treated the same as the consumer
- No, family members are exempt from FDCPA restrictions
- Yes, and contacting a spouse is always prohibited
Correct answer: Yes, and the same location-information restrictions apply
A spouse is a third party under the FDCPA, and location-information rules apply, though some courts treat spousal contact differently when the spouse is co-liable.
Question 2: When contacting a third party for location information, must the collector state that the consumer owes money?
- No, the collector must not disclose the debt (Correct answer)
- Yes, to establish the legitimacy of the inquiry
- Only if directly asked by the third party
- Yes, but only the general nature of the debt
Correct answer: No, the collector must not disclose the debt
Disclosing that the consumer owes a debt during a third-party location inquiry is an FDCPA violation.
Question 3: A collector discovers the consumer's correct address on the first call to a neighbor. May the collector call the same neighbor again?
- No, once location information is obtained the collector may not contact that third party again (Correct answer)
- Yes, to confirm the address is still current
- Yes, up to three more times
- Only if the consumer moves again
Correct answer: No, once location information is obtained the collector may not contact that third party again
Once the collector has the location information needed, further contact with the same third party is prohibited.
Question 4: A debt collector posts on the consumer's social media page seeking location information. Is this permissible?
- No, public posts visible to others constitute third-party disclosure (Correct answer)
- Yes, if the post does not name the collector's employer
- Yes, social media is not regulated by the FDCPA
- No, but private messages to the consumer are permitted
Correct answer: No, public posts visible to others constitute third-party disclosure
Public social media posts can expose debt information to third parties and violate the FDCPA's prohibition on third-party disclosure.
Question 5: Under the FDCPA, 'location information' is defined as the consumer's:
- Home address, home telephone number, and place of employment (Correct answer)
- Bank account number and employer's address
- Social security number and date of birth
- Credit score and outstanding debt balance
Correct answer: Home address, home telephone number, and place of employment
The FDCPA defines location information as the consumer's place of abode, telephone number, and place of employment.
Question 6: May a debt collector contact a third party who the collector knows will likely share the information with the consumer before the collector can reach the consumer?
- Yes, as long as the collector does not disclose the debt (Correct answer)
- No, such contacts are designed to embarrass the consumer and are prohibited
- Yes, indirect communication through a third party is encouraged
- No, the FDCPA prohibits any contact likely to result in indirect communication
Correct answer: Yes, as long as the collector does not disclose the debt
Third-party location contacts are permissible even if the third party might mention it to the consumer, as long as the debt is not disclosed.
FDCPA Third-Party Contacts and Location Information 2
A debt collector contacts the consumer's spouse to ask for the consumer's new address.
Is this a third-party contact under the FDCPA?