| (a) A licensee or the licensee's agent must have the right to contact any person in order to secure information concerning a borrower, unless any person other than the borrower, the borrower's spouse, a member of the borrower's household, a co-borrower, endorser, surety, or guarantor of the obligation, objects to any contact by a licensee or the licensee's agent. Upon receipt of the objection, the licensee or agent, must cease and desist from any further deliberate communication with the person objecting relative to the specific borrower and account in question. (b) A licensee or the licensee's agent must not solicit the payment of all or any part of any debt subject to Texas Finance Code, Chapter 342 from any person other than the borrower, a co-borrower, endorser, surety, or guarantor of the obligation, borrower's designee, trustee, insurance company paying a claim or a refund involving the debtor, any party having a lawful right or claim to any collateral, any person who may be or is legally obligated to pay all or a portion of the debt, or a guardian, executor, administrator, attorney, agent, or representative of any of the foregoing. (c) Without the prior written consent of the borrower given directly to the licensee or the express permission of a court of competent jurisdiction, a licensee may not communicate with a borrower in connection with the collection of a loan at any unusual time or place. In the absence of any knowledge to the contrary, a licensee can assume that the convenient time for communicating with a borrower is after 8:00 a.m. and before 9:00 p.m., local time at the borrower's location. (d) A licensee may not communicate with a borrower in connection with the collection of a loan at the borrower's place of employment if the licensee has received written notification from the borrower or the borrower's employer to cease communications with the borrower while at the place of employment. This restriction may be overridden by court order. (e) Without the prior written consent of the borrower given directly to the licensee or the express permission of a court of competent jurisdiction, a licensee may not communicate nonpublic personal information pertaining to a debt or obligation unless the person receiving the information is the borrower, the borrower's attorney, a consumer reporting agency, another creditor, or the attorney of the creditor, a guardian, executor, or administrator, or any party that may lawfully receive the information under the Gramm Leach Bliley Act, 15 U.S.C. §§6801 - 6809, and its implementing regulations, or the Fair Credit Reporting Act, 15 U.S.C. §§1681 - 1681x, and its implementing regulations, or other law or regulation. Unless notified pursuant to subsection (a) of this section, this prohibition does not apply to a licensee seeking information about the location of the borrower. (f) Subsections (a) - (e) of this section do not apply to a communication or contact directly relating to a pending court or arbitration proceeding. Subsections (a), (b), (d), and (e) of this section do not apply to providing a notice required by law or contract. |
