FDCPA violations?

[bmh4419]

What is the name of your state? Illinois

A third party debt collector called my fiancees phone to collect and he wasnt there I advised that I was his fiancee and she told me it was regarding a stop payment on a check. I told her that we share a checking account and she then proceeded to tell me everything about his debt. (Dont hate me for this but I just started working at a collection agency 2 weeks ago) I know that it is illegal for her to discuss his debt with me because we are still not legally married. I told my fiancee about it and we are pursuing legal action against this agency. He called the agency and spoke to the collectors manager to advise that he is going to file suit against them and the manager said that the collector didnt violate FDCPA laws because I told her that we shared a checking account. (At the agency I work at if someone doesnt have a checking acct we suggest they borow a check from someone so we can get pymt, now if we called the person that the check was borrowed from then we would be violating FDCPA, or if I had a checking acct with my son and they called and spoke to him about my debt that would be a violation) the manager then asked him if he was going to pay, he said yes but I cant afford to right now but I will, and then the manager said that they would forward it to the states attorney and sue BOTH of us for three times the face value of the debt. we are pursuing legal action and want to make sure that there isnt a loophole that I dont know about.

and yes I work at a collection agency but it is only temporary and not all collectors are rude and inconsiderate.

please help me we need to know the answers for this situation.

 

[jennimata]

id like to see someones response to this. i know mine. i bet you agreed with the man who sued oreos! talk about frivelous crap!

 

[Skylyn]

What kind of evidence do you have? Otherwise, it's your word vs. their word...

Even if you had some evidence and got this case in front of a small claims judge (I'm assuming no lawyer would take this case) and you somehow managed to "win", I think FDCPA violations are only worth $1000. Unless you have other damages, but that doesn't seem likely.

 

[bmh4419]

I didnt even know that someone sued oreos. And if the oreo company called someone else and discussed another persons finances then they should be sued. No we are not sue happy people and to be perfectly honest if that collector hadnt been such a royal bleep then we wouldnt be pursuing legal action. we have the evidence that when my fiancee called and spoke to a manager, the manager acknowledged that she was aware that the collector spoke to me about it. and there were also people that heard my side of the conversation, I was at work. and 98% of cases such as these the consumer wins. Like I said before I have done some research considering i work at a collection agency, no I havent been there long but women i work with have.

 

[Ladynred]

You are not your fiance's spouse - yet, his parent, nor his guardian, therefore the FTC would classify you as a 3rd party. The FDCPA specifically prohibits a collector giving details of anyone's accounts to a 3rd party, it IS a violation. If you have proof, and you'll need it, then its up to you to decide to pursue it or not.

 

[bigun]

But, you 2 share a checking account. As a result, you've liability for the stop payment as well.
Loopholes. There are a ton of loopholes. First of all, did you know that stop payments on checks are not protected by the FDCPA?

http://www.paed.uscourts.gov/documents/opinions/98D0613P.HTM

Secondly, even if your name were not on the account, the CA can claim a bonofied error defense. In other words, they can say the error was unintentional and, they have procedures in place to be certain it never happens again. That's part of the FDCPA.
As to damages, you may recover $100 to $1000 but the damages are adjudicated. In other words, the judge will decide how much. If the judge agrees with the bonofide error, he/she may award nothing. THis happened to a poster on creditnet last year. A collector discussed her then fiancees account with her priro to marriage. The judge agreed with the CA's argument that no harm was done and procedures were in place to prevent a reoccurence.
With no FDCPA protection available on a stopped check {they don't have to validate,etc.}, you 2 likely made 'em made enough to sue.

 

[bmh4419]

Well sad to say but I was on a cell phone when the conversation with the collector took place, but the collector noted in the permanent transactions on his acct that she spoke to me about the acct. and bigun let me ask youa question and please dont take offense that is not at all how i am meaning for it to sound. But if you borrowed a check from me to pay a bill would you wan them to talk to me about your acct.? I know that you and I dont share a checking acct but it is similar in a way. Or if you cared for your mother and you shared a checking acct with her bc she was unable to do so and a collector called for you would you want them to tell your mother about it bc her name is on the acct as well? Regardless of who belives it is frivelous or valid the fact is they violated his privacy I do believe in privacy I like mine as much as he likes his and to be quite honest I wasnt aware that this bill was in collections until the collector called. My fiancee was to ashamed to tell me. He is a very strong man and he knows that if I knew we were that behind I would have borrowed money (as cliche as it may be) from my parents. After just having a baby they understand finances are tight and would help as much as possible. So I was pretty shocked to recieve the call.

 

[bigun]

No offense taken. How can anyone be offended by an anomoyous message board?
I understand your frustration but, I doubt the privacy issue is a good argument. When you open a joint account, both parties give up privavcy to one another. You would have discovered the problem when you looked at the monthly bank statement. Do what you feel like you have to do but, just realize they can very easily sue you right back for the debt. If they win that one, your credit scores will tank with a brand new judgment showing and it won't mater if it's paid or unpaid, some very serious damage will be done. Just try and think this through. It's nowhere near cut and dried.

 

[Accntman]

I am a collector to for a credit card company at a bank. I do not know if the law applies to third party collection agencies, but if it was the original collector even if you were the wife they could not discuss the account or attempt to collect unless the spouse inquired about the account for the state of Ill. and if the account holder requests do not discuss account at all to spouse then even if a inquiry is made then you cannot discuss account. My company gave me a picture of the united states and each state is one of three colors green, yellow, or red. Ill. is a yellow state which means cannot collect unless spouse inquiries about account, red means do not communicate with spouse at all unless there is documentation of written approval from cardholder, green means you can openly discuss the account with the spouse.

Privacy thing can be funny I remember leaving a message with a lady to give to cardholder I gave her company name, and phone number and hours to callback. She told me I was violating laws by telling the name of my company, the cardholder might not of wanted her to know this. I advice her she does not know why I am calling I did not discuss any personal info with her I did not tell her what department I am calling from all she has is a name of a bank and a number. If the person I am calling wishes that we not leave the company name when calling all he has to do is call and request that we don't say the name if it is not him.