FDCPA Third-Party Contacts and Location Information 2

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?

Accepted Answer

Yes, and the same location-information restrictions apply

Answer

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?

Accepted Answer

No, the collector must not disclose the debt

Answer

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?

Accepted Answer

No, once location information is obtained the collector may not contact that third party again

Answer

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?

Accepted Answer

No, public posts visible to others constitute third-party disclosure

Answer

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:

Accepted Answer

Home address, home telephone number, and place of employment

Answer

The FDCPA defines location information as the consumer's place of abode, telephone number, and place of employment.

FDCPA - Fair Debt Collection Practices Act Practice Test

FDCPA - Fair Debt Collection Practices Act Practice Test

FDCPA Third-Party Contacts and Location Information 2