FDCPA Prohibitions FAQ 2 – Are there exceptions to the general prohibition against third-party communications?

Compliance > FDCPA
Q:  Are there exceptions to the general prohibition against third-party communications?
 
A:   (UPDATED 7/27/2022)
 
Yes. The prohibition on third-party communications does not apply when a debt collector communicates with a person:

▪ With the prior consent of the consumer given directly to the debt collector. A debt collector has not obtained the consumer’s direct prior consent if the consumer provided the consent to another third party, such as a creditor or a prior debt collector. See Comment 6(b)(4)(i)-2. Furthermore, direct prior consent must be given in advance of the communication to which it applies. Direct prior consent does not apply to the communication in which it is given.

▪ With the express permission of a court of competent jurisdiction.
 
▪ As reasonably necessary to effectuate a post-judgment judicial remedy.

▪ For the purpose of acquiring location information, as provided in 12 CFR § 1006.10.
 
12 CFR § 1006.6(d)(2).
 
For more information on the prohibition against third-party communications, see Section 6 in the Debt Collection Small Entity Compliance Guide.
 
 
ADDITIONAL INFORMATION:
This Q&A was created based on information from CFPB’s website (which may be updated from time to time) that provides Debt Collection Rule FAQs.  This information may be found on CFPB’s website here:  https://www.consumerfinance.gov/compliance/compliance-resources/other-applicable-requirements/debt-collection/debt-collection-rule-faqs/#validation-information
 

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