Rules & Regulations of the State of Tennessee
Title 0320 - Collection Service Board
Chapter 0320-05 - Standards of Practice
Section 0320-05-.03 - COMMUNICATION IN CONNECTION WITH DEBT COLLECTION
Universal Citation: TN Comp Rules and Regs 0320-05-.03
Current through April 3, 2024
(1) Communication with the consumer generally
(a)
Without the prior consent of the consumer provided directly to the debt
collector or collection service 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. In 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 8:00 a.m. and before
9:00 p.m., 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 the attorney
fails to respond within a reasonable period of time to a communication from the
debt collector or unless the attorney consents to direct communication with the
consumer; or
3. At the consumer's
place of employment if the debt collector knows or has reason to know that the
consumer's employer prohibits the consumer from receiving such
communication.
(2) Communication with third parties
(a) Except as otherwise authorized in this
rule, without the prior consent of the consumer provided directly to the debt
collector or collection service, or the express permission of a court of
competent jurisdiction, or as reasonably necessary to effectuate a
post-judgment judicial remedy, a debt collector may not communicate, in
connection with the collection of any debt, with any person other than the
consumer, his attorney, a consumer reporting agency if otherwise permitted by
law, the creditor, the attorney of the creditor, or the attorney of the
collection service.
(3) Ceasing communication
(a) If a consumer
notifies a debt collector or collection service 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 or collection
service 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.
(b) If such
notice from the consumer is made by mail, notification shall be complete upon
receipt.
Authority: T.C.A. § 62-20-104(g).
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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