Third-Party Contacts and Location Information Flashcards

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?

Answer: Yes, and the same location-information restrictions apply

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.

When contacting a third party for location information, must the collector state that the consumer owes money?

Answer: No, the collector must not disclose the debt

Disclosing that the consumer owes a debt during a third-party location inquiry is an FDCPA violation.

A collector discovers the consumer's correct address on the first call to a neighbor. May the collector call the same neighbor again?

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

Once the collector has the location information needed, further contact with the same third party is prohibited.

A debt collector posts on the consumer's social media page seeking location information. Is this permissible?

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

Public social media posts can expose debt information to third parties and violate the FDCPA's prohibition on third-party disclosure.

Under the FDCPA, 'location information' is defined as the consumer's:

Answer: Home address, home telephone number, and place of employment

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

May a debt collector contact a third party who the collector knows will likely share the information with the consumer before the collector can reach the consumer?

Answer: Yes, as long as the collector does not disclose the debt

Third-party location contacts are permissible even if the third party might mention it to the consumer, as long as the debt is not disclosed.