Continued from page 3
• Direct communication with the consumer . The email address is one the consumer used to communicate with the debt collector about the debt and the consumer has not since opted-out of communications to that address , or the email address is one for which the debt collector previously received the consumer ’ s consent to use and they have not since withdrawn consent .
• Creditor communication with the consumer . All of the following criteria must be met in order to use an email address based on communications by the creditor :
1 . Obtained the email address from the consumer .
2 . Used the email address to communicate with the consumer about the account and the consumer did not ask the creditor to stop using it .
3 . 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 clearly and conspicuously disclosing the information required under the Rule ( including the right to opt-out of email communications ).
4 . The opt-out period has expired and the consumer has not opted-out .
5 . The email address has a domain name available for use by the general public ( e . g ., @ gmail . com ), unless the debt collector knows the address is provided by the consumer ’ s employer .
• Prior debt collector communication with the consumer . All of the following criteria must be met in order to use an email based on communication by the prior debt collector :
1 . Obtained the email address from the consumer in accordance with either of the two procedures described above .
2 . The immediately prior debt collector used the email address to communicate with the consumer about the debt .
3 . The consumer did not opt-out of such communications .
When using text messaging , a debt collector may raise a bona fide error defense if it maintains procedures to reasonably confirm and document it did not communicate with the consumer by sending a text message to a phone number the debt collector knows has led to a prohibited third-party disclosure and communicated with the consumer by text message using a phone number that either :
• The consumer used to communicate about the debt with the collector via text message and has not since opted out .
• The consumer gave consent to use and has not since withdrawn consent .
In both of these instances , the consumer would have needed to renew their consent within the past 60 days or the debt collector would have had to confirm the number had not been reassigned to another user .
Harassing , Oppressive or Abusive Conduct
The final rule prohibits conduct causing harassment , oppression or abuse to any person in connection with the collection of a debt . The prohibition applies to telephone calls , as well as email and text messages . If a debt collector sends a consumer numerous , unsolicited text messages several times a day for several consecutive days , this would be considered harassment .
The final rule prohibits causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy , abuse or harass any person at the called number . This applies to a telephone call that goes directly to voicemail , but does not apply a text message or an email . A debt collector is in compliance if they place telephone calls to a particular person in connection with the collection of a particular debt seven or fewer times within seven consecutive days , and not within seven consecutive days after having had a telephone conversation about the debt . Anything outside of these guidelines implies non-compliance .
Social Media
A debt collector is not permitted to post a message regarding the collection of a debt on the public part of a person ’ s social media page , including the part viewable only by the person ’ s social media contacts . However , they are permitted to send a private message over social media unless the consumer has requested the debt collector not to use that medium to communicate . If a debt collector chooses to send a private social media message requesting to be added as one of the
4