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Old 05-16-2008, 03:03 PM
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Join Date: May 2008
Posts: 2
Default Collection Agency Harassment

I'm new here, but I wanted to try and get my questions answered, without having to set up and pay for an appointment with a lawyer. I have a credit card bill that has been turned over to a collection agency. I have been working with them, trying to figure out how to pay them, with my limited income at the moment, and everything was going fine. Then, one night, they decided for some reason to call my mother, living in another state, and has no knowledge of my case with them. The woman from the collection agency told her about my case, and discussed issues from my case with her. And even told her lies, that I was rude to them, hung up on them, and refused to work with them. So of course, my mom called me, and I called the woman back, but she denied it. My mom knew nothing of my collection agency case, so I choose to believe my mom on this one. Is discussing someone's case with an outside party against the law? I was under the impression it was, but I was trying to find out what they can get away with. I never gave them my mother's name or phone number, but they called her somehow. I just wanted to know, because it has added extra stress to an already stressful situation. Please let me know if anyone knows anything about this!
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Old 05-17-2008, 09:59 PM
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Join Date: Nov 2006
Posts: 456
Default

Quote:
Originally Posted by Carla.Griggs View Post
I'm new here, but I wanted to try and get my questions answered, without having to set up and pay for an appointment with a lawyer. I have a credit card bill that has been turned over to a collection agency. I have been working with them, trying to figure out how to pay them, with my limited income at the moment, and everything was going fine. Then, one night, they decided for some reason to call my mother, living in another state, and has no knowledge of my case with them. The woman from the collection agency told her about my case, and discussed issues from my case with her. And even told her lies, that I was rude to them, hung up on them, and refused to work with them. So of course, my mom called me, and I called the woman back, but she denied it. My mom knew nothing of my collection agency case, so I choose to believe my mom on this one. Is discussing someone's case with an outside party against the law? I was under the impression it was, but I was trying to find out what they can get away with. I never gave them my mother's name or phone number, but they called her somehow. I just wanted to know, because it has added extra stress to an already stressful situation. Please let me know if anyone knows anything about this!

Federal law prohbits collection agencies from contacting 3rd parties in an attempt to collect on a debt, unless that party cosigned or is jointly responsible on the note. See section 805 on http://www.ftc.gov/bcp/edu/pubs/cons...dit/cre27.pdf; if that collection agency is pursuing anyone other than the legal party on the note, they're in clear violation of the law, in my opinion. That's called harrassment, pure and simple, and it IS in clear violation of the FDCPA. Until you either contact them yourself in writing or hire an attorney to intercede, it's probably very likely they'll continue (assuming, again, you're solely reponsible for the debt.) I'd strongly suggest you contact the original creditor in question (not just the collection agency) and advise them of the tactics being used. If you like attach a copy of the federal statutes on the link provided by the FTC. It's very likely the original creditor is unaware of the tactics being used.

If the harrassment continues, obviously seek good legal counsel. There are laws to protect against just such a scenario.

Hope this helps. Good luck.
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Old 05-17-2008, 10:22 PM
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Join Date: May 2008
Posts: 2
Default Corrections?

I'm not sure what constitutes harrassment though. They have called many times, and the law states they can only call once, to find out if I live there. They have called back, after they knew I didn't live there. And they shared information about my case. I know, by law, that they can't do anything, but ask for me. But the case worker told them I owed money to them for the particular credit card, and told them about our conversations between me and the case worker. Does that constitute harassment? Or should I just focus on the violation of my privacy under the privacy act? Should I write the credit card company about the goings on? Or just get a lawyer? Contact the actual collection agency? Which? I dont know where to begin with this.
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