Aug 8, 2012
For all of you receiving a message containing the term "article 805.11" it does't exist! What they did is take some numbers, change them around and add the word "article"; in reality this all comes from the FDCPA, the laws that were set up over 30 years ago to protect consumers. Read below
Section 807(11) requires the debt collector to "disclose clearly in all communications made to collect a debt or to obtain information about a consumer, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose," except where section 804 provides otherwise.
1. Oral communications. A debt collector must make the required disclosures in both oral and written communications.
2. Disclosure to consumers. When a debt collector contacts a consumer and clearly discloses that he is seeking payment of a debt, he need not state that all information will be used to collect a debt, since that should be apparent to the consumer. The debt collector need not repeat the required disclosure in subsequent contacts.
A debt collector may not send the consumer a note saying only "please call me right away" unless there has been prior contact between the parties and the collector is thus known to the consumer.
3. Disclosures to third parties. Except when seeking location information, the debt collector must state in the first communication with a third party that he is attempting to collect the debt and that information will be used for that purpose, but need not do so in subsequent communications with that party.