Tenn. Comp. R. & Regs. 0320-05-.03

Current through December 10, 2024

Section 0320-05-.03 - COMMUNICATION IN CONNECTION WITH DEBT COLLECTION

(1) Communication with the consumer generally

(a) Without the prior consent of the consumer provided directly to the debt collector or collection service or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt

1. At any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8:00 a.m. and before 9:00 p.m., local time at the consumer's location;

2. If the debt collector knows the consumer 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 debt collector or unless the attorney consents to direct communication with the consumer; or

3. 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.

(2) Communication with third parties

(a) Except as otherwise authorized in this rule, without the prior consent of the consumer provided directly to the debt collector or collection service, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post-judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the collection service.

(3) Ceasing communication

(a) If a consumer notifies a debt collector or collection service in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector or collection service shall not communicate further with the consumer with respect to such debt, except

1. To advise the consumer that the debt collector's further efforts are being terminated;

2. To notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

3. Where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

(b) If such notice from the consumer is made by mail, notification shall be complete upon receipt.

Tenn. Comp. R. & Regs. 0320-05-.03

Original rule filed March 7, 2018; effective 6/5/2018.

Authority: T.C.A. § 62-20-104(g).