Maine Revised Statutes Title 32 Sec. 11012 – Communication in connection with debt collection
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1. Communication with the consumer generally. Without the prior consent of the consumer given directly to the debt collector 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:
A. 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 a.m. and before 9 p.m., local time at the consumer’s location; [PL 1985, c. 702, §2 (NEW).]
B. If the debt collector knows that the consumer is represented by an attorney with respect to that debt and has knowledge of, or can readily ascertain, that 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 [PL 1985, c. 702, §2 (NEW).]
C. 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 a communication. [PL 1985, c. 702, §2 (NEW).]
[PL 1985, c. 702, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 11012
- Administrator: means the Superintendent of Consumer Credit Protection. See Maine Revised Statutes Title 32 Sec. 11002
- Communication: means the conveyance or receipt of information regarding or facilitating the collection of a debt, directly or indirectly, to or from any person through any medium. See Maine Revised Statutes Title 32 Sec. 11002
- Consumer: means any natural person obligated or allegedly obligated to pay any debt. See Maine Revised Statutes Title 32 Sec. 11002
- Creditor: means any person who offers or extends credit creating a debt or to whom a debt is owed, but that term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of that debt for another. See Maine Revised Statutes Title 32 Sec. 11002
- Debt: includes any obligation or alleged obligation for payment of child support owed to, or owed by, a resident of this State and any obligation or alleged obligation relating to a check returned because of insufficient funds if a consumer is subject to an enforcement program operated by a private entity. See Maine Revised Statutes Title 32 Sec. 11002
- Debt collector: includes persons who furnish collection systems carrying a name that simulates the name of a debt collector and who supply forms or form letters to be used by the creditor even though the forms direct the debtor to make payments directly to the creditor. See Maine Revised Statutes Title 32 Sec. 11002
- Executor: A male person named in a will to carry out the decedent
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any natural person, corporation, trust, partnership, incorporated or unincorporated association and any other legal entity. See Maine Revised Statutes Title 32 Sec. 11002
2. Communication with 3rd parties. Except as provided in section 11011, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post-judgment judicial remedy, a debt collector shall 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 debt collector.
[PL 1985, c. 702, §2 (NEW).]
3. Ceasing communication. If a consumer notifies a debt collector 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 shall not communicate further with the consumer with respect to that debt, except:
A. To advise the consumer that the debt collector’s further efforts are being terminated; [PL 1985, c. 702, §2 (NEW).]
B. To notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by the debt collector or creditor; or [PL 1985, c. 702, §2 (NEW).]
C. Where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. [PL 1985, c. 702, §2 (NEW).]
If the notice from the consumer is made by mail, notification shall be complete upon receipt.
[PL 1985, c. 702, §2 (NEW).]
4. Consumer defined. For the purpose of this section, the term consumer includes the consumer’s spouse; parent, if the consumer is a minor; guardian; executor; or administrator.
[PL 1985, c. 702, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW).