nshove Posted September 18, 2008 Report Share Posted September 18, 2008 Aloha from Hawaii, Was working out of the shop today and when I returned the secretary(also the bosses wife) Told me she recieved at least hald a dozen calls from Dicover. I AM behind in payments,but my main question is: Is it legal for then to discuss my account (he owes us xxx amt of dollars .he is behind etc.) to someone that I have NOT given them permission to...and if not what should my NEXT step be? Mahalo Nui Loa(thank you very much),nshove Link to comment Share on other sites More sharing options...
Jackie2 Posted September 18, 2008 Report Share Posted September 18, 2008 Aloha from Hawaii, Was working out of the shop today and when I returned the secretary(also the bosses wife) Told me she recieved at least hald a dozen calls from Dicover. I AM behind in payments,but my main question is: Is it legal for then to discuss my account (he owes us xxx amt of dollars .he is behind etc.) to someone that I have NOT given them permission to...and if not what should my NEXT step be? Mahalo Nui Loa(thank you very much),nshoveI'm not sure if it's legal. it's defiantly unethical and I hope she saved a record of all the times they called. It's sounds illegal to me but I'm not sure under which law it would be. Might want to check into HW collection laws as well. Link to comment Share on other sites More sharing options...
LeslieR Posted September 18, 2008 Report Share Posted September 18, 2008 It is absolutely illegal per the FDCPA if this is a CA collecting on Discover's behalf:http://www.creditinfocenter.com/legal/FDCPA.shtml#805The FDCPA does not apply to OCs, so if this was in fact Discover, then you don't have anything actionable. Your best course of action is to call them before being "behind" gets out of hand. Deal with this so that they will stop calling around for you. Find out what hardship programs they may have - but since you are employed, find out what it will take to get your account current! Link to comment Share on other sites More sharing options...
LUEser Posted September 18, 2008 Report Share Posted September 18, 2008 LeslieR's advice is sound. The 12 calls, however, were they all in one day? That's harassment no matter how you cut it. Link to comment Share on other sites More sharing options...
Jackie2 Posted September 19, 2008 Report Share Posted September 19, 2008 LeslieR's advice is sound. The 12 calls, however, were they all in one day? That's harassment no matter how you cut it.Of which the HW AG might help. He should send a certified letter stating the calls are jeopardizing his job and to C and D.Interesting to see if Discover backs off or if they continue to be asses. Link to comment Share on other sites More sharing options...
nshove Posted September 19, 2008 Author Report Share Posted September 19, 2008 Mahalo For your response everyone!!! Will take it all to bat...and sorry for my typing that is supposed to read half a dozen calls in a day...no she did not save a record of them but they discussed enough of my account info for HER to tell them a payment would be sent and made a personal check out for it ...Was WAY embarressing and I was really mad to boot. And it was Dicover NOT a collection Agency.... Aloha all Link to comment Share on other sites More sharing options...
Focus2069 Posted September 19, 2008 Report Share Posted September 19, 2008 It is absolutely illegal per the FDCPA if this is a CA collecting on Discover's behalf:http://www.creditinfocenter.com/legal/FDCPA.shtml#805The FDCPA does not apply to OCs, so if this was in fact Discover, then you don't have anything actionable. Your best course of action is to call them before being "behind" gets out of hand. Deal with this so that they will stop calling around for you. Find out what hardship programs they may have - but since you are employed, find out what it will take to get your account current!Check your local state laws.In Texas, the Texas Finance Code applies to ANY company trying to collect a debt, OC, JDB, CA, etc... Or, just send them a letter stating that no personal calls are allowed at work. Link to comment Share on other sites More sharing options...
chilton1 Posted September 19, 2008 Report Share Posted September 19, 2008 Mahalo For your response everyone!!! Will take it all to bat...and sorry for my typing that is supposed to read half a dozen calls in a day...no she did not save a record of them but they discussed enough of my account info for HER to tell them a payment would be sent and made a personal check out for it ...Was WAY embarressing and I was really mad to boot. And it was Dicover NOT a collection Agency.... Aloha allgood luck. I would be so pissed as I crawl from under my little rock :shock:. Oh my goodness. But it is time to crawl out and wipe yourself off; it could have been worst. You have a nice boss. Maybe you will get a raise now that they know you are having a difficult time. I would send a letter to discover ceo. What they did was wrong on so many levels. Link to comment Share on other sites More sharing options...
BTO429 Posted September 19, 2008 Report Share Posted September 19, 2008 Wrong yes, ethically, against the law Not really. The OC can do a lot more to collect than a ca can. Link to comment Share on other sites More sharing options...
LUEser Posted September 19, 2008 Report Share Posted September 19, 2008 http://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0436-0474/HRS0443B/This may help, it's Hawaii's Debt Collection LawsOn my first read through, I didn't notice anything that ties it to the OC as binding. Link to comment Share on other sites More sharing options...
JustaTexan Posted September 19, 2008 Report Share Posted September 19, 2008 I agree with Chilton......I would be so angry that I would be beside myself. And embarassed as well! I do think they did something illegal here. There are privacy protection laws out there that do pertain to the OC. Maybe somebody else will find something for you!I would contact the hardship dept. as Leslie mentioned and then make my account current and pay it off in full. Then I would send a letter to the CEO explaining what happened. If they respond with maybe a rate reduction, CLI, (or just a fricking apology would be enough for me), then I would stay with them. If not, I would dump them if it would not hurt your credit too badly. But that is just what I would do! To each his own. Good luck! Link to comment Share on other sites More sharing options...
cityish Posted September 20, 2008 Report Share Posted September 20, 2008 I agree with Chilton......I would be so angry that I would be beside myself. And embarassed as well! I do think they did something illegal here. There are privacy protection laws out there that do pertain to the OC. Maybe somebody else will find something for you!I would contact the hardship dept. as Leslie mentioned and then make my account current and pay it off in full. Then I would send a letter to the CEO explaining what happened. If they respond with maybe a rate reduction, CLI, (or just a fricking apology would be enough for me), then I would stay with them. If not, I would dump them if it would not hurt your credit too badly. But that is just what I would do! To each his own. Good luck! I also would be tempted to dump them -- just to send a message. I mean, assuming that your credit score is already taking a nosedive from your difficulties, what's a few more points south?But that's just the way I am. I would be tempted to write a letter to the CEO stating that their tactics backfired . Wow. They were way out of line. Link to comment Share on other sites More sharing options...
jasen Posted September 22, 2008 Report Share Posted September 22, 2008 I would dump them whether they apologized or not.I dumped a high-limit Orchard card a few years ago because they started calling me 3 times a day because my account was 2 days overdue. With a $.47 balance. I thought the card was paid off, but they snuck another tiny charge in in between my payment and the due date. Apparently they needed those two quarters very badly. What they got was one less customer. Link to comment Share on other sites More sharing options...
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