New to collection dept but am told that it is OK, to speak with the spouse even though they are not signed on the loan. Does the act include in the definition of consumer to include the spouse? Even though they are not signed on loan obligation?

Look at 1692(a) and 1692(c) for definitions of a consumer.

I read that as the consumer could be the spouse even though not obligated on the loan. Is that a good interpretation?

The BOL Launch Pad has links to the FDCPA, Commentary and more.

Look at the definition of a consumer under 803 and who is the borrower on your debt. Has the debtor/borrower authorized you to speak to a non-obligated spouse under 805? Generally, you contact the debtor and who they say you can contact on their behalf. You can't just talk to the spouse or whomever answers the phone, spouse or not.

If you are collecting your own debts, the FDCPA doesn't even apply. If you are a State bank - you might want to look for similar State legislation. Many times State laws cover collecting your own debts.

OK, I don't want to start a long discussion because I definitely believe you should not talk to a non-obligated spouse, or any other non-obligated person concerning the debt. However:

Section 805(d) -- "consumer" definition. For section 805 purposes, the term "consumer" includes the "consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator."

1. Broad "consumer" definition. Because of the broad statutory definition of "consumer" for the purposes of this section, many of its protections extend to parties close to the consumer. For example, the debt collector may not call the consumer's spouse at a time or place known to be inconvenient to the spouse. Conversely, he may call the spouse (guardian, executor, etc.) at any time or place that would be in accord with the limitations of section 805(a).

Based on 1692.(c) and 805(d) it appears the spouse is considered the consumer for communication purposes under 1692 and 805, however they are afforded the same protections as the "debtor".

Again, I do not agree with this, but the regulation seems to allow such contact.

Am I missing something?

That is exactly how I understand it. However, if you are a bank collecting only your own debts. Should you speak with the spouse if they are not on the loan and also you are than not under the FDCPA.??

I don't disagree. And while I believe you may make contact, asking for a payment from a non-obligated person can be tricky and I wouldn't infer they have a liability. Often you're better off treating them as a 3rd party until the debtor provides permission to discuss the account with them.

That said, you also have Privacy considerations.

I never spent a lot of time on this because we collected our own debts, only. Texas does have a law that closely resembles the FDCPA, as I recall. But following a conservative path, I was never in danger as I saw it. When I took additional risks, I always felt aware of what I was doing and was comfortable with that.

If you are collecting your own debt then you are not covered by the limitations of FDCPA or IMO afforded it "exclusions". In your case I would be concerned about violations of the privacy rules. Also take Randy's advice about checking any state specific rules.

thanks I will

IMO, yes. The person that shares the answering machine may not know the other person has an account with your bank until they listen to your recorded message.

I disagree. Your customer provided you the telephone number. This is no different than you sending your customer's mail with the words "Important Tax Information" or their dda statements. You have no control over who they allow access to their own communication channels.

From the collection agencies FAQ located here .

. . . If the collector reaches an answering machine or voice mail, s/he will often leave a message, but is prohibited from explaining the reason for the call, since someone besides the debtor might hear it. . . .

I stand with Dan on this. I used to audit some national consumer debt collection agencies. We always looked for evidence of disallowed third-party communications with parties other than the debtor. See FDCPA 15 USC 1692c. Leaving a message on an answering machine where others could hear it and identify the call as a debt collection call is prohibited in my view.

You may consider yourself a first-party collector and exempt from FDCPA and this requirement, but be sure to check your state's law. First-party collectors may be subject to the same or similar rules in your state. And remember, you are also subject to the debt collection laws of the state where the consumer you are calling is located. So unless you want to research 50 states' laws, I'd recommend simply not leaving messages on machines that would identify the call as a debt collection call.