• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Section 805(b) -- Communication with Third Parties

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

blink401

Guest
What is the name of your state? MN

Section 805(b) -- Communication with Third Parties
"Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector."


Would communications with ones spouse be a violation of this section?
 


B

blink401

Guest
I thought this would be an easy one..

Or maybe this one is so easy that it isn't even worth your time?

I have a collector bugging my wife for an alleged debt that I and only I owe, that�fs why I ask. If it is in fact a violation, I plan to report it to the FTC and notify the collector of such action.

Thanks, Jim
 

JETX

Senior Member
What do you mean by 'bugging'?? If this is just calls in an attempt to get you, that is allowed. The debt collector can call you/her within the parameters of the FDCPA, but can't discuss the specifics of the alleged debt with anyone but the debtor.

However, if they are discussing specifics of the debt, that may be a violation. But the problem you will have is that it is your word against theirs.... and your wife is an 'interested party' which devalues any statement by her.
 
G

GA Gen Prac Law

Guest
I practice in GA

If I were you, I'd send them a letter staing that they are not to contact your wife.. Then if they do I think it'd be a violation. Another thing that I have found to be effective with these creditor "chop shops" as I like to call them is taping the calls via a dictaphone. That way it is not your word against theirs.

WARNING this may be illegal/unusable in your particular state. To find out go to www.rcfp.org/taping/ to find out what the taping laws are in your state.
 

JETX

Senior Member
GA: Your suggestion for them to not contact the wife won't hold up. The debt collector can contact ANYONE that they need to in attempting to contact the debtor. They are only restricted in what they can tell to the 3rd party.

FDCPA, "The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium." A contact to the wife without conveying information about the debt is not prohibited.
 
Last edited:
G

GA Gen Prac Law

Guest
True, unless you have/know an attorney. You could get them to send a Do not contact X (wife/client) etc and only contact atty Y. Under Section 805(a)(2)). This will de facto stop the calls since it is doubtful they are going to call and pump the lawyer and his offices in the same way.
 

JETX

Senior Member
GA, your last post (regarding contact with attorney) is correct, but it contradicts your earlier post....
"I'd send them a letter staing that they are not to contact your wife.. Then if they do I think it'd be a violation."
 
G

GA Gen Prac Law

Guest
I agree. In my last post I said what you corrected me on was true. For the record I have just recently started doing FDCPA work, and do not profess to know all of the ins and outs of the law. That is why I am here poking around.
 
B

blink401

Guest
Hey guys I appreciate the reply..

The fact is that they were telling my wife details about the debt, and actually tried to get her to pay!! Although she told them they would have to talk to me (which was good, I'm not nearly as nice as her).

But as far as my original question goes, I found the answer on my own and it looks like your both wrong!! haha :)

Check out this site:
http://fair-debt-collection.com/Fair_Debt_Collection_Act/Section-5.html#4

It goes into a little detail about this subject:
"For section 805 purposes, the term "debtor" includes the "debtor's spouse, parent (if debtor is a minor), legal guardian, executor, or administrator." yadayada...

Don't worry, I won't hold this against you :) And Halket!! I've literally read hundreds of your post, very helpful (I think? - - jk). And like IAAL you come off pretty cocky sometimes, I hope you don't get turned inside out on this one :) But go ahead and drop one on me if you find information that contradicts the resource I provided.

This collection agency is trying to collect a large sum from me that I don't owe. The original creditor insisted that if I didn't pay in 30 days a suit would be filed against me (that's exactly what I was hoping for). But instead I have to deal with these "plifters" (as I call them), and in the process I am trying to "screw" with them as much as possible. They originally tried to collect over $2000 more than they could verify, and told my wife that late fees would apply for every 30 days the account was past due. This appeared to be a violation of section 808 and was reported to the FTC. The point here is that I was hoping to add a S805 violation also. I was waiting for an answer to this so I could add it to the cease and desist letter I plan to send them tomorrow.

Maybe you could answer this one for me??

In their original communication they state that if I advise them in writing to cease communications, "we shall except to advise you that we intend to invoke specified remedies permitted by law". Now what does that mean?

And what is the difference between the two options below?

"We may invoke a specified remedy, which is ordinarily invoked by us, to collect this alleged debt."
- and
"We may invoke a specified remedy to collect this alleged debt."

And thanks again for the response!!

Jim
 

JETX

Senior Member
Okay, good post.... and since I have no knowledge of the experience of the person who's site you referenced, I have a better one. This is directly from the FTC:
"Under the FDCPA, the term "communication" means "the conveying of information regarding a debt directly or indirectly to any person through any medium." For purposes of Section 805, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator."
http://www.ftc.gov/os/statutes/fdcpa/letters/fisher.htm

So, I stand corrected. I said all along that the collector could contact the spouse... but thought that contact could not include specifics of the debt. Though I still feel that a debtor could claim a violation if giving details to spouse, it appears that it is allowed. Another lesson learned.

As for my responses being a little 'cocky', I agree that they sometimes are... but if you were to 'chart' them, you would see that 'those' are usually in response to truly stupid and inane questions... or at the end of a long day.. and my 'tether'.

And finally, for the response to your 'cease and desist' letter, the FDCPA answers your question with:
"(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the
consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy."

The 'specific remedy' is usually to file a lawsuit.


If such notice from the consumer is made by mail, notification shall be complete upon receipt.
 
B

blink401

Guest
Hey you've been great! Thank for the info.

"The 'specific remedy' is usually to file a lawsuit."

That's what I was looking for -- And I hope it hapends...

Thanks again, Jim
 
G

GA Gen Prac Law

Guest
Hey blink, THanks for the heads up. I for one am not afraid to admit that I don't know the ins and outs of a every federal law out there. There are so many caveats and exceptions and fine distinctions that can make or break a particular case or hypothetical. That's why I am here to try and figure out the nuances and help my actual clients, while at the same time trying to help people with their specific problems as well. I feel it's a wiw-win for all parties involved. Keep up the good work.
 
G

GA Gen Prac Law

Guest
Thanks Halket. There seem to be a good number of websites out there with lots of information. I really like this freelegal post area because it also allows you to have real life sitautions to apply these nuances to, such as the slight contact distinction explored above. Thanks again...
 

bigun

Senior Member
Ga. Law,

Let me suggest another couple of sites. www.creditnet.com has an active discussion board as well as a library and a number of sample letters.

On the discussion site, click on the FAQ {2nd from top} and scroll to a poster named WhyChat. It has a link to his site. WhyChat is a retired lawyer and the site has all sorts of info on dealing with debts beyond the SOL as well as other consumer issues.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top