§ 5-16-104 — Location information - acquisition

(1) Any debt collector or
collection agency communicating with any person other than the consumer for the
purpose of acquiring location information about the consumer shall:

(a) Identify himself or herself, state that he or she is confirming or correcting
location information concerning the consumer, and, only if expressly requested,
identify his or her employer;

(b) Not state that the consumer owes any debt;

(c) Not communicate with any person more than once unless requested to do
so by the person or unless the debt collector or collection agency reasonably
believes that the person's earlier response is erroneous or incomplete and that the
person now has correct or complete location information;

(d) Not communicate by postcard;

(e) Not use any language or symbol on any envelope or in the contents of any
communication effected by the mails or telegram that indicates that the debtor
collector or collection agency is in the debt collection business or that the
communication relates to the collection of a debt; and

(f) After the debt collector or collection agency knows the consumer is
represented by an attorney with regard to the subject debt and has knowledge of,
or can readily ascertain, the attorney's name and address, not communicate with
any person other than that attorney, unless the attorney fails to respond within a
reasonable period of time, not less than thirty days, to communication from the
debt collector or collection agency.

Legislative History

Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1083, � 1, effective August 9.