[1] Section 1692b(3) prohibits debt collectors from communicating more than once with a person other than the debtor (“third party”) in order to obtain information about the debtor’s location unless the third party requests to be contacted or the debt collector “reasonably believes that the earlier response...is erroneous or incomplete and that such person now has correct or complete information.” 15 U.S.C. §1692b(3). The Eighth Circuit determined that the law firm reasonably believed its first conversation with the third party was incomplete and, therefore, did not violate § 1692b(3) by calling the third party two additional times.

One of those exceptions covers communication with a third party “for the purpose of acquiring location information about the consumer” but, even then, prohibits more than one such contact “unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information.” 15 U.S.C. § 1692b. In this appeal following a jury verdict and judgment entered against a debt collector for repeated contact with third parties, we consider a matter of first impression among the Courts of Appeals: whether the burden in such a case is on the debt collector to prove or the consumer to disprove that the challenged third-party communications fit within § 1692b’s exception for acquisition of location information.

One such exception permits communication with a third party “for the purpose of acquiring location information about the consumer” but, even then, prohibits more than one such contact “unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information.” 15 U.S.C. § 1692b. The Third Circuit ultimately determined that the burden falls on the debt collector.