BUSINESSOPERATIONS this call provision and say, " Hmm, three phone numbers or seven phone numbers for Rossman. Let's make a locational call to each one and figure out where he is. " Bender: In your experience, how would the litigation come here? Newburger: I think if you're calling to confirm a number that you've already used to speak with the consumer, I think there's a real chance that it's viewed as harassment or abuse under the act. Remember the rule is you don't get to call any place more than once unless you have reason to believe the person has new information or the person asks you to call back. But repeated calls to the same person over and over again are certainly problematic. COLLECTOR 03.21 And what I never understood is this: the opportunity to make a locational call is a valuable asset for the collector. Why would you use up that tool? You don't want to be using up the chance to make a locational call to a particular person or place until you need to do that. I think some collectors forget that. Rossman: I think every agency needs to take a look at what their policy and procedure is for skiptracing/locational calls and make sure those policies are up to date with what the CFPB is talking about here so you don't expose yourself to a punitive class action if for some reason a collector makes a mistake. Bender: And perhaps to add to that very helpful idea, John, if you have those policies and procedures: trust but verify. Don't just have them sitting on the shelf. I think that auditing to this policy, if you have it, would be as important as having it. It could be very dangerous to have it and not audit to it. Anne Rosso May is the communications director and editor-in-chief at ACA International. ACA Training Zone subscribers have free access to this recording! Log in and listen to it here: www.acainternational.org/products/ ht-hidden-litigation-traps. This article should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only. 33http://www.acainternational.org/products/ht-hidden-litigation-traps http://www.acainternational.org/products/ht-hidden-litigation-traps