§ 19-14.9-5 - Communication in connection with debt collection.
SECTION 19-14.9-5
§ 19-14.9-5 Communication in connectionwith debt collection. – (1) Without the prior consent of the consumer given directly to the debtcollector or the express permission of a court of competent jurisdiction, adebt collector may not communicate with a consumer in connection with thecollection of any debt:
(a) At any unusual time or place or a time or place known orwhich should be known to be inconvenient to the consumer. In the absence ofknowledge of circumstances to the contrary, a debt collector shall assume thatthe convenient time for communicating with a consumer is after 8 o'clock A.M.and before 9 o'clock P.M. local time at the consumer's location;
(b) If the debt collector knows the consumer is representedby an attorney with respect to such debt and has knowledge of, or can readilyascertain, such attorney's name and address, unless the attorney fails torespond within a reasonable period of time to a communication from the debtcollector or unless the attorney consents to direct communication with theconsumer; or
(c) At the consumer's place of employment if the debtcollector knows or has reason to know that the consumer's employer prohibitsthe consumer from receiving such communication;
(2) Except as provided in § 19-14.9-4, without the priorconsent of the consumer given directly to the debt collector, or the expresspermission of a court of competent jurisdiction, or as reasonably necessary toeffectuate a postjudgment judicial remedy, a debt collector may notcommunicate, in connection with the collection of any debt, with any personother than the consumer, his/her attorney, a consumer reporting agency ifotherwise permitted by law, the creditor, the attorney of the creditor, or theattorney of the debt collector.
(3) If a consumer notifies a debt collector in writing thatthe consumer refuses to pay a debt or that the consumer wishes the debtcollector to cease further communication with the consumer, the debt collectorshall not communicate further with the consumer with respect to such debt,except:
(a) To advise the consumer that the debt collector's furtherefforts are being terminated;
(b) To notify the consumer that the debt collector orcreditor may invoke specified remedies which are ordinarily invoked by suchdebt collector or creditor; or
(c) Where applicable, to notify the consumer that the debtcollector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail,notification shall be complete upon receipt.
(4) For the purpose of this section, the term "consumer"shall also include the consumer's spouse, parent (if the consumer is a minor),guardian, executor, or administrator.