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Collection Agency Question


silverme
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Hi there everyone! So glad I found this forum!

Ok, I have a CC collection from probably 20 years ago (or close to that) that a new CA has taken over. They called last week, my husband answered the phone, they asked for me, he tells them I'm not here. They tell them who they are and he asked what the call was about....the woman proceeds to spill the whole thing to him. She tells him who I owed, when the last payment was made, when the account was closed, the balance owed (according to her records, not mine), the whole freaking thing! He didn't know about it and was not happy. She gave him her name and phone number but he didn't write down the company. :( DUH on his part.

Did she or did she not violate the FDCA?? And what about my privacy? I'm so PO'd about this but don't know how to proceed. I'll be interested to read any responses.

TIA!

Silver

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Did she or did she not violate the FDCA?? And what about my privacy? I'm so PO'd about this but don't know how to proceed. I'll be interested to read any responses.

Unfortunately, if your husband identified himself as your husband, there is no FDCPA violation. I call your attention to Sec. 1692c, paragraph (d):

(d) ``Consumer'' defined

For the purpose of this section, the term ``consumer'' includes the

consumer's spouse, parent (if the consumer is a minor), guardian,

executor, or administrator.

However, the FDCPA also requires that within 5 days of that initial communication, they must send you a letter telling you the amount of the debt, to whom it is owed, that you have the right to dispute, that you have the right to obtain verification, and the right to receive the name and address of the original creditor. (Sec. 1692g). If they don't send you that letter, they are in violation of the law.

Regards,

DH

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  • 1 month later...
Never recieved a letter and they're STILL calling! Grrrrrrr! Now that I have their name and address, I'll be sending out that C&D letter pronto.

Add a little kicker to the letter to get them riled:

"You never provided a written notice with the Verification Statement as required by the FDCPA. I will not deal with someone with such a blatant disregard for the law. You are not to contact me again."

Good luck.

DH

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