Location information - acquisition.

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(1) Any debt collector or collection agency communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall:

  1. Identify himself or herself, state that he or she is confirming or correcting locationinformation concerning the consumer, and, only if expressly requested, identify his or her employer;

  2. Not state that the consumer owes any debt;

  3. Not communicate with any person more than once unless requested to do so by theperson or unless the debt collector or collection agency reasonably believes that the person's earlier response is erroneous or incomplete and that the person now has correct or complete location information;

  4. Not communicate by postcard;

  5. Not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debtor collector or collection agency is in the debt collection business or that the communication relates to the collection of a debt; and

  6. After the debt collector or collection agency knows the consumer is represented by anattorney with regard to the subject debt and has knowledge of, or can readily ascertain, the attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time, not less than thirty days, to communication from the debt collector or collection agency.

Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1083, § 1, effective August 9.

Editor's note: This section is similar to former § 12-14-104 as it existed prior to 2017.


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