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Q & A Drilldown

Alabama
Collection
Contact with Third Party > Does state law impose requirements or restrictions on contact with the debtor's employer, family member or other third party?

Short Answer:

Yes.

Explanation:

The Alabama Consumer Credit Act "Mini-Code" Regulations, Ala. Admin. Code r. 155-2-2-.01 et seq. ("Mini-Code Regulations"), require each person licensed under the Alabama Consumer Credit Act, Ala. Code §§ 5-19-1 et seq. ("Mini-Code"), to conduct all collection activity in accordance with applicable law. The Mini-Code Regulations prohibit a Mini-Code licensee from engaging unreasonable collection tactics, and provide the following examples of unreasonable collection tactics:

  • causing any member of the debtor's family to suffer or reasonably fear bodily injury or physical harm;
  • a willful or intentional trespass by force of the debtor's home or the debtor's personal property, without process of law;
  • use of printed material which simulates or resembles summons, warrants or other legal processes;
  • any activity that occurs at an unreasonable hour of the night;
    • personal visits, telephone calls and the like are prima facie unreasonable if they occur between the hours of 9:00 p.m. and 6:00 a.m.;
  • threatening or commencing criminal prosecutions for a worthless check under Ala. Code § 13A-9-13.1, when a personal check is held as security for the loan.

Ala. Admin. Code r. § 155-2-2-.07.

Last Revision*:

March 10, 2020   Show Redlined Changes

* The Last Revision date is the last time we made a SUBSTANTIVE revision to the answer. The date DOES NOT represent the last time we reviewed the answer. We review our answers on an ongoing basis.