Page:United States Statutes at Large Volume 91.djvu/910

 91 STAT. 8 7 6 J)

15 USC 1692b.

15 USC 1692c.

PUBLIC LAW 95-109—SEPT. 20, 1977 " (G) 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 fiduciary obligation or a bona fide escrow arrangement; (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 involving 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 employment, " (8) The term ' State ' means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of P u e r to Eico, or any political subdivision of any of the foregoing. «§ 804. Acquisition of location information "Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall— " (1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly 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 reasonably 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 c a r d; ''(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates 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 consumer is represented by an attorney with regard to the subject debt and has knowledge 01, 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 collector. "§ 805. Communication in connection with debt collection " (a)

COMMUNICATION W I T H THE CONSUMER G E N E R A IX Y. — W i t h o u t

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. I n 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

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