whom the consumer can contact to reply to the debt collector .
4 . A phone number ( or numbers ) the consumer can use to reply to the debt collector .
A “ limited-content message ” may also include : 1 . A salutation . 2 . The date and time of the message .
3 . Suggested dates and times for the consumer to reply to the message .
4 . A statement if the consumer replies , they may speak to any of the company ’ s representatives or associates .
An example of a limited-content voicemail message is : “ This is Robin Smith calling from ABC Inc . Please contact me or Jim Johnson at 1-800-555-1212 .”
According to the final rule , including information not included in the definitions above could turn the message into something other than a “ limited-content message ” and therefore be considered a collection communication .
Debt Collection Communications
The final rule prohibits communications ( or attempts ): at unusual times or places ; at times or places a debt collector knows or should know are inconvenient to the consumer ; at the consumer ’ s place of employment if a debt collector knows or has reason to know the employer prohibits such communications ; and if a debt collector knows the consumer is represented by an attorney .
A consumer does not need to use the word “ inconvenient ” or other special wording to designate a time or place as such .
Calls to cell phones and electronic communications , such as email or text messages , are subject to the prohibition on communicating or attempting to communicate with a consumer at an unusual or inconvenient time or place . However , a debt collector does not violate the final rule regarding unusual or inconvenient places by calling a consumer ’ s cell phone or sending an electronic communication , unless the debt collector knows the consumer is at an unusual or inconvenient place . collector not to use that medium . A debt collector is generally prohibited from communicating or attempting to communicate with a consumer using an email address the debt collector knows or should know is provided to the consumer by their employer .
Debt collectors must stop communicating with a consumer regarding a debt after the consumer notifies a collector in writing that they refuse to pay the debt . A consumer may submit a written cease communication request using an electronic communication medium , such as email or through a website portal where the debt collector accepts electronic communications from consumers .
Electronic Communication Opt-Out
A debt collector who communicates or attempts to communicate electronically with a consumer must include a reasonable and simple method the consumer can use to opt-out . For example , the following would suffice : “ reply STOP to stop texts to this telephone number ”.
This requirement applies to a specific email address , telephone number or other electronic medium address ( such as a social media name or account ). If a consumer opts-out of receiving electronic communications from a debt collector , a collector may respond once confirming the request to opt-out and stating it will be honored
Error Defense When Communicating via Email or Text
The final rule contains procedures debt collectors can follow to raise an error defense to civil liability for unintentional violations of the final rule ’ s prohibition against third-party disclosures . There are separate procedures for email and text messages .
For email , a debt collector can raise a bona fide error defense if it maintains procedures to reasonably confirm and document it did not communicate with the consumer by sending an email to an address the debt collector knows has led to a prohibited third-party disclosure , and communicated with the consumer by email using one of the following methods detailed on the following page .
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Debt collectors are prohibited from communicating or attempting to communicate with a person through a specific medium of communication ( for example , email or telephone calls ) if the person has requested the debt
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