§ 1006.6 Communications in connection with debt collection. ( a ) *Definition.* For purposes of this section, the term *consumer* includes: ( 1 ) The consumer's spouse;
( 2 ) The consumer's parent, if the consumer is a minor;
( 3 ) The consumer's legal guardian;
( 4 ) The executor or administrator of the consumer's estate, if the consumer is deceased; and
( 5 ) A confirmed successor in interest, as defined in Regulation X, 12 CFR 1024.31, or Regulation Z, 12 CFR 1026.2(a)(27)(ii).
( b ) *Communications with a consumer* — ( 1 ) *Prohibitions regarding unusual or inconvenient times or places.* Except as provided in paragraph (b)(4) of this section, a debt collector must not communicate or attempt to communicate with a consumer in connection with the collection of any debt: ( i ) At any unusual time, or at a time that the debt collector knows or should know is inconvenient to the consumer. In the absence of the debt collector's knowledge of circumstances to the contrary, a time before 8:00 a.m. and after 9:00 p.m. local time at the consumer's location is inconvenient; or
( ii ) At any unusual place, or at a place that the debt collector knows or should know is inconvenient to the consumer.
( 2 ) *Prohibitions regarding consumer represented by an attorney.* Except as provided in paragraph (b)(4) of this section, a debt collector must not communicate or attempt to communicate with a consumer in connection with the collection of any debt if the debt collector knows the consumer is represented by an attorney with respect to such debt and knows, or can readily ascertain, the attorney's name and address, unless the attorney: ( i ) Fails to respond within a reasonable period of time to a communication from the debt collector; or
( ii ) Consents to the debt collector's direct communication with the consumer.
( 3 ) *Prohibitions regarding consumer's place of employment.* Except as provided in paragraph (b)(4) of this section, a debt collector must not communicate or attempt to communicate with a consumer in connection with the collection of any debt 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.
( 4 ) *Exceptions.* The prohibitions in paragraphs (b)(1) through (3) of this section do not apply when a debt collector communicates or attempts to communicate with a consumer in connection with the collection of any debt with: ( i ) The prior consent of the consumer, given directly to the debt collector during a communication that does not violate paragraphs (b)(1) through (3) of this section; or
( ii ) The express permission of a court of competent jurisdiction.
( c ) *Communications with a consumer—after refusal to pay or cease communication notice* — ( 1 ) *Prohibition.* Except as provided in paragraph (c)(2) of this section, if a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wants the debt collector to cease further communication with the consumer, the debt collector must not communicate or attempt to communicate further with the consumer with respect to such debt.
( 2 ) *Exceptions.* The prohibition in paragraph (c)(1) of this section does not apply when a debt collector communicates or attempts to communicate further with a consumer with respect to such debt: ( i ) To advise the consumer that the debt collector's further efforts are being terminated;
( ii ) To notify the consumer that the debt collector or creditor may invoke specified remedies that the debt collector or creditor ordinarily invokes; or
( iii ) Where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
( d ) *Communications with third parties* — ( 1 ) *Prohibitions.* Except as provided in paragraph (d)(2) of this section, a debt collector must not communicate, in connection with the collection of any debt, with any person other than: ( i ) The consumer;
( ii ) The consumer's attorney;
( iii ) A consumer reporting agency, if otherwise permitted by law;
( iv ) The creditor;
( v ) The creditor's attorney; or
( vi ) The debt collector's attorney.
( 2 ) *Exceptions.* The prohibition in paragraph (d)(1) of this section does not apply when a debt collector communicates, in connection with the collection of any debt, with a person: ( i ) For the purpose of acquiring location information, as provided in § 1006.10;
( ii ) With the prior consent of the consumer given directly to the debt collector;
( iii ) With the express permission of a court of competent jurisdiction; or
( iv ) As reasonably necessary to effectuate a postjudgment judicial remedy.
( 3 ) *Reasonable procedures for email and text message communications.* A debt collector maintains procedures that are reasonably adapted, for purposes of FDCPA section 813(c), to avoid a bona fide error in sending an email or text message communication that would result in a violation of paragraph (d)(1) of this section if those procedures include steps to reasonably confirm and document that: ( i ) The debt collector communicated with the consumer by sending an email to an email address described in paragraph (d)(4) of this section or a text message to a telephone number described in paragraph (d)(5) of this section; and
( ii ) The debt collector did not communicate with the consumer by sending an email to an email address or a text message to a telephone number that the debt collector knows has led to a disclosure prohibited by paragraph (d)(1) of this section.
( 4 ) *Procedures for email addresses.* For purposes of paragraph (d)(3)(i) of this section, a debt collector may send an email to an email address if: ( i ) *Procedures based on communication between the consumer and the debt collector.* ( A ) The consumer used the email address to communicate with the debt collector about the debt and the consumer has not since opted out of communications to that email address; or
( B ) The debt collector has received directly from the consumer prior consent to use the email address to communicate with the consumer about the debt and the consumer has not withdrawn that consent; or
( ii ) *Procedures based on communication by the creditor.* ( A ) A creditor obtained the email address from the consumer;
( B ) The creditor used the email address to communicate with the consumer about the account and the consumer did not ask the creditor to stop using it;
( C ) Before the debt collector used the email address to communicate with the consumer about the debt, the creditor sent the consumer a written or electronic notice, to an address the creditor obtained from the consumer and used to communicate with the consumer about the account, that clearly and conspicuously disclosed: ( 1 ) That the debt has been or will be transferred to the debt collector;
( 2 ) The email address and the fact that the debt collector might use the email address to communicate with the consumer about the debt;
( 3 ) That, if others have access to the email address, then it is possible they may see the emails;
( 4 ) Instructions for a reasonable and simple method by which the consumer could opt out of such communications; and
( 5 ) The date by which the debt collector or the creditor must receive the consumer's request to opt out, which must be at least 35 days after the date the notice is sent;
( D ) The opt-out period provided under paragraph (d)(4)(ii)(C)( 5 ) of this section has expired and the consumer has not opted out; and
( E ) The email address has a domain name that is available for use by the general public, unless the debt collector knows the address is provided by the consumer's employer.
( iii ) *Procedures based on communication by the prior debt collector.* ( A ) Any prior debt collector obtained the email address in accordance with paragraph (d)(4)(i) or (ii) of this section;
( B ) The immediately prior debt collector used the email address to communicate with the consumer about the debt; and
( C ) The consumer did not opt out of such communications.
( 5 ) *Procedures for telephone numbers for text messages.* For purposes of paragraph (d)(3)(i) of this section, a debt collector may send a text message to a telephone number if: ( i ) The consumer used the telephone number to communicate with the debt collector about the debt by text message, the consumer has not since opted out of text message communications to that telephone number, and within the past 60 days either: ( A ) The consumer sent the text message described in paragraph (d)(5)(i) of this section or a new text message to the debt collector from that telephone number; or
( B ) The debt collector confirmed, using a complete and accurate database, that the telephone number has not been reassigned from the consumer to another user since the date of the consumer's most recent text message to the debt collector from that telephone number; or
( ii ) The debt collector received directly from the consumer prior consent to use the telephone number to communicate with the consumer about the debt by text message, the consumer has not since withdrawn that consent, and within the past 60 days the debt collector either: ( A ) Obtained the prior consent described in paragraph (d)(5)(ii) of this section or renewed consent from the consumer; or
( B ) Confirmed, using a complete and accurate database, that the telephone number has not been reassigned from the consumer to another user since the date of the consumer's most recent consent to use that telephone number to communicate about the debt by text message.
( e ) *Opt-out notice for electronic communications or attempts to communicate.* A debt collector who communicates or attempts to communicate with a consumer electronically in connection with the collection of a debt using a specific email address, telephone number for text messages, or other electronic-medium address must include in such communication or attempt to communicate a clear and conspicuous statement describing a reasonable and simple method by which the consumer can opt out of further electronic communications or attempts to communicate by the debt collector to that address or telephone number. The debt collector may not require, directly or indirectly, that the consumer, in order to opt out, pay any fee to the debt collector or provide any information other than the consumer's opt-out preferences and the email address, telephone number for text messages, or other electronic-medium address subject to the opt-out request.