R.C.S.A. § 36a-647-4
Communications
Cite as Conn. Agencies Regs. § 36a-647-4
(a) Communication with the consumer debtor or consumer debtor agent generally. Without the prior consent of the consumer debtor or consumer debtor agent given directly
to the creditor or the express permission of a court of competent jurisdiction, a
creditor shall not communicate with a consumer debtor or consumer debtor agent in
connection with the collection of any debt:
(1) At any unusual time or place or a time or place known or that should be known to be
inconvenient or embarrassing to the consumer debtor or consumer debtor agent. In the
absence of knowledge of circumstances to the contrary, a creditor shall assume that
the convenient time for communicating with a consumer debtor or consumer debtor agent
is after 8:00 a.m. and before 9:00 p.m., local time at the consumer debtor's or consumer
debtor agent's location;
(2) If the creditor knows the consumer debtor or consumer debtor agent is represented
by an attorney with respect to such debt and has knowledge of such attorney's name
and address, unless the attorney fails to respond within a reasonable period of time
to a communication from the creditor, not to exceed thirty days after such communication,
unless the attorney consents to direct communication with the consumer debtor or consumer
debtor agent, provided that a creditor may send to a consumer debtor or consumer debtor
agent normal periodic billing statements which do not contain any message that violates
the provisions of section 36a-647-5 or 36a-647-6 of the Regulations of Connecticut
State Agencies; or
(3) At the place of employment of the consumer debtor or consumer debtor agent if the
creditor knows or has reason to know that the employer of the consumer debtor or consumer
debtor agent prohibits such debtor or agent from receiving such communication.
(b) Communication with Third Parties.
(1) Except as provided in section 36a-647-3 of the Regulations of Connecticut State Agencies
and subdivision (2) of this subsection, without the prior consent of the consumer
debtor or consumer debtor agent given directly to the creditor, the express permission
of a court of competent jurisdiction, or as reasonably necessary to effectuate a prejudgment
or post-judgment judicial remedy, a creditor shall not communicate in connection with
the collection of any debt with any person other than:
(A) The consumer debtor or consumer debtor agent;
(B) The consumer debtor's attorney or consumer debtor agent's attorney;
(C) A consumer reporting agency, if otherwise permitted by law;
(D) The creditor's attorney;
(E) The creditor's accountant;
(F) A consumer collection agency;
(G) A creditor, past creditor or prospective creditor of the consumer debtor that is not
also the employer of such consumer debtor, provided that any such communication is
not for the purpose or with the intent of harassing or embarrassing the consumer debtor
into paying such debt;
(H) A corporation that owns more than twenty-five per cent of the stock, if any, of the
creditor;
(I) A person who is consultant to the creditor on matters relating to consumer debts,
who supervises or manages the creditor or who services debts owed to the creditor;
(J) A person who is not the consumer debtor or consumer debtor agent but who has paid
or is paying all or part of the consumer debtor's debt; provided that the creditor
shall not demand or otherwise attempt to collect the debt from such person who is
not the consumer debtor without the consent of such person;
(K) The commissioner and an employee of any federal or state agency which regulates such
creditor or which is otherwise legally permitted to obtain information about a consumer
debtor; or
(L) A person who is not a natural person and who is obligated to pay a consumer debtor's
debt, whether as a guarantor, endorser or otherwise.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, a creditor may
communicate with any person if such communication is necessary:
(A) For the creditor, consumer debtor or consumer debtor agent to claim or receive benefits
under any insurance policy or other insurance coverage, including Medicare and Medicaid;
or
(B) For the creditor to effect or negotiate an assignment, sale or purchase of the debt.
(c) Prior consent of the consumer debtor or consumer debtor agent. For purposes of this section, "prior consent of the consumer debtor or consumer debtor
agent" does not include consent obtained by virtue of any provision in any writing
evidencing the debt or executed at the time the debt was incurred.