Debt Collector Requirement to Authenticate Consumer Comes to a Head

Two court cases in 2018 address the awkward dance endured at the beginning of each initial phone call between a consumer and a debt collector.

When speaking with consumers, debt collectors walk on a sword’s edge to comply with two sections of the Fair Debt Collection Practices Act (FDCPA). Section 1692c (b) prohibits a debt collector from communicating with third parties about the debt with the exception of several limited carve-out situations such as having the consumer’s prior consent. Section 1692e (11) requires a debt collector to disclose that he is attempting to collect a debt and that any information obtained will be used for that purpose while speaking with the consumer.

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