On July 27, 2011, a final Statement of Policy Regarding Communications in Connection with the Collection of Decedents’ Debts was published in the Federal Register. The Statement of Policy, effective Aug. 29, 2011,1 clarifies that the Federal Trade Commission will forbear from taking action against a debt collector under §§805(b) and (d) of the Fair Debt Collection Practices Act (FDCPA) or the FTC Act for certain communications in connection with the collection of a decedent’s debt.
Sections 805(b) and (d) of the FDCPA prohibit debt collectors from contacting individuals other than the debtor; however, exceptions to the rule include communications with the debtor’s spouse, parent (in the case of a minor), guardian, executor, or administrator, as well as individuals with authority to pay a decedent’s debts out of the assets of the decedent’s estate.2
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
