SECTION 160:70-11-3. Communication in connection with debt collection

(a)   Communication with the debtor. Without the prior written consent of debtor given directly to licensee or the express permission of a court of competent jurisdiction, licensee may not communicate with debtor in connection with the collection of a debt:

(1)   at any unusual time or place or a time or place known or which should be known to be inconvenient to debtor. It shall be considered an unusual time to communicate with debtor before debtor's due date to remind debtor of the upcoming due date, without debtor's express written authorization, under separate signature indicating no, debtor does not desire to be contacted, or yes, debtor desires to be contacted and the phone numbers, electronic mail addresses or physical mail addresses licensee may use to contact debtor. In the absence of knowledge of circumstances to the contrary, licensee shall assume that the convenient time for communicating with debtor is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at debtor's location;

(2)   if licensee knows debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within five (5) business days to a communication from licensee or unless the attorney consents to direct communication with debtor; or

(3)   at debtor's place of employment if licensee knows or has reason to know that debtor's employer prohibits debtor from receiving such communication.

(b)   Communication with third parties. Except as provided in 160:70-11-2, without the prior written consent of debtor given directly to licensee, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, licensee may not communicate, in connection with the collection of a debt, with any person other than debtor, his attorney, a consumer reporting agency if otherwise permitted by law or licensee's attorney.

(c)   Ceasing communication. If debtor notifies licensee in writing that debtor refuses to pay a debt or that debtor wishes licensee to cease further communication with debtor, licensee shall not communicate further with debtor with respect to such debt, except:

(1)   to advise debtor that licensee's further efforts are being terminated;

(2)   to notify debtor that licensee may invoke specified remedies which are ordinarily invoked by licensee; or

(3)   where applicable, to notify debtor that licensee intends to invoke a specified remedy.

(d)   Debtor defined. For the purpose of this rule, debtor includes the debtor's spouse, parent (if debtor is a minor), guardian, executor or administrator.

[Source: Added at 23 Ok Reg 2954, eff 7-13-06]