I owe about 7k on a credit card. The CC company turned it over to a collection company. I found out today that the collector called my wife (Other than being married to me, has NOTHING to do with the card. It's not in her name, she doesn't use it, she doesn't have her own, etc.) The collector left a VOICEMAIL on her phone the amount past due, the account #, etc! We live in Michigan... It is my understanding that they can only talk to ME about the information.... they can only ask where to find me when they call friends/relatives. Did this collector do something illegal? If so, any advice on what to do about it from here? Thanks.
2006-07-21 14:44:03 · 5 answers · asked by JK6969 1 in Business & Finance ➔ Credit
No, sorry, it is NOT a violation for a debt collector to speak to a spouse. Per the FTC and the FDCPA (Fair Debt Collection Practices Act) a spouse is NOT considered a 3rd party. Only 3rd party contact is a violation, so if they gave that information to your mother or your sister or your neighber, THAT would be a 3rd party violation.
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Section 805(d) -- "consumer" definition. For section 805 purposes, the term "consumer" includes the "consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator."
1. Broad "consumer" definition. Because of the broad statutory definition of "consumer" for the purposes of this section, many of its protections extend to parties close to the consumer. For example, the debt collector may not call the consumer's spouse at a time or place known to be inconvenient to the spouse. Conversely, he may call the spouse (guardian, executor, etc.) at any time or place that would be in accord with the limitations of section 805(a).
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The ONLY violation here is that they are NOT supposed to leave that kind of information on voice mail or answering machines.
2006-07-22 03:20:11 · answer #1 · answered by SciFiDiva 2 · 1⤊ 2⤋
You and the other two posters are right, it is a violation for a collection agency to speak to anyone but the debtor about the debt.
KEEP THAT VOICEMAIL !!!!!!!!!!
Check your credit reports to see if they have placed anything on there. If they have, check for other violations. Do some reading on FDCPA and FCRA.
Make a copy of the voicemail and your reports (if there are violations) and visit a lawyer. This is where your reading of the FDCPA and FCRA will come in handy. Not slamming lawyers, but many are not up to speed on "every" violation listed on those sites.
If you sue the collection agency in the right court, it could mean from $100 to $1000 per violation.
2006-07-21 15:40:14 · answer #2 · answered by echo 7 · 0⤊ 0⤋
It sounds like it wasnt the right thing to do. But they could also say that they thought it was your number they were talking to. Dont get me wrong, I hate collection agencies as much as the next guy but instead of dedicating energy to try make them pay, just pay the debt. After all even if you win a few thousand dollars, that chargoff is still going to be on your credit.
2006-07-21 17:03:24 · answer #3 · answered by Paul M 2 · 0⤊ 0⤋
They can only speak to you. They cannot disclose any information to anybody but you. Read the "fair credit reporting act".
2006-07-21 14:48:32 · answer #4 · answered by Anonymous · 0⤊ 0⤋
he did, that's a huge violation of privacy. i'd report it or try a lawyer if i were you.
2006-07-21 14:48:26 · answer #5 · answered by Anonymous · 0⤊ 0⤋