Section 36a-809-9 - Record keeping methods and consumer collection agency communications(a)Method of keeping records. Each consumer collection agency shall maintain a record of all contacts or attempted contacts with the debtor or others regarding an alleged debt, whether such contacts or attempted contacts are made by telephone, in writing, in person or by any other method. Such record shall indicate the date, the nature of the contact, the name of the collector making the contact, the name of the person contacted and a brief summary of any conversation or individually composed correspondence. Form letters shall be identified by number or title.(b)Disclosures regarding acquisition of location information. Any consumer collection agency that communicates with any person other than the debtor for the purposes of acquiring location information about the debtor shall disclose the name of the person making the communication on behalf of the consumer collection agency and state that the communication is for the purpose of confirming or correcting location information concerning the debtor and, only if expressly requested, identify the consumer collection agency.(c)Restrictions regarding acquisition of location information. Any consumer collection agency described in subsection (b) of this section shall not: (1) State that such debtor owes any debt;(2) Communicate with any such person more than once unless requested to do so by such person or unless the consumer collection agency reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;(3) Communicate by post card;(4) Use any language or symbol on any envelope or in the contents of any written communication effected by the mails, telegram or electronic device that indicates that the consumer collection agency is in the debt collection business or that the communication relates to the collection of a debt; and(5) Communicate with any person other than the attorney for the debtor after the consumer collection agency knows the debtor is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the consumer collection agency.(d)Communication in connection with debt collection.(1) Without the prior consent of the debtor given directly to the consumer collection agency or the express permission of a court of competent jurisdiction, a consumer collection agency shall not communicate with a debtor in connection with the collection of any debt: (A) At any unusual time or place or a time or place known or which should be known to be inconvenient to the debtor. In the absence of knowledge of circumstances to the contrary, a consumer collection agency shall assume that the convenient time for communicating with a debtor is after 8:00 a.m. and before 9:00 p.m., local time at the debtor's location;(B) If the consumer collection agency knows the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the consumer collection agency or unless the attorney consents to direct communication with the debtor, provided that this subparagraph shall not apply to a consumer collection agency in connection with the collection of property taxes if such communication complies with the applicable provisions of title 12 of the Connecticut General Statutes; or(C) At the consumer debtor's place of employment, if the debtor is a natural person and the consumer collection agency knows or has reason to know that the debtor's employer prohibits the debtor from receiving such communication.(2) Except as provided in subsection (b) of this section, without the prior consent of the debtor given directly to the consumer collection agency, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post-judgment judicial remedy, a consumer collection agency shall not communicate, in connection with the collection of any debt with any person other than the debtor, the attorney of the debtor, a credit rating agency if otherwise permitted by law, the creditor, the attorney of the creditor or the attorney of the consumer collection agency. This subdivision shall not apply to a consumer collection agency in connection with the collection of property taxes.(3) If a debtor other than a property tax debtor notifies a consumer collection agency in writing that the debtor refuses to pay a debt or that the debtor wishes the consumer collection agency to cease further communication with the debtor, the consumer collection agency shall not communicate further with the debtor with respect to such debt, except: (A) To advise the debtor that the consumer collection agency's further efforts are being terminated;(B) To notify the debtor that the consumer collection agency or creditor may invoke specified remedies which are ordinarily invoked by such consumer collection agency or creditor; or(C) Where applicable, to notify the debtor that the consumer collection agency or creditor intends to invoke a specified remedy. If such notice from the debtor is made by mail, notification shall be complete upon receipt.Conn. Agencies Regs. § 36a-809-9
Adopted effective July 29, 2008