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.