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I’m pretty sure all my credit cards are breaking the law

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Devilman93

Active Member
No, it is not. The federal Privacy Act restricts the circumstances in which the government may require you to provide your SSN, but there is no federal law that prohibits private persons and businesses from requesting it. With private parties you always have the option to decline to provide it. Sure the business may decide not to do business with you if you don't provide it, but there is nothing illegal about that.
They are misrepresenting themselves as bank employees when asking for the information
 


Taxing Matters

Overtaxed Member
Knowingly misrepresentation by them pretending to be bank employees?
Do they actually say that they are employees of the bank rather than something like "calling on behalf of the bank" or that they are agents of the bank? My bet is that they don't ever come right out and say they are bank employees.

In any event, if they are truly agents of the bank and working on the bank's behalf then what is the harm you suffer from it?

It's clear that you don't like these calls. Tell your bank you don't want to get marketing calls. But so far, I'm not seeing anything illegal they've done from what you've said.
 

Devilman93

Active Member
Do they actually say that they are employees of the bank rather than something like "calling on behalf of the bank" or that they are agents of the bank? My bet is that they don't ever come right out and say they are bank employees.

In any event, if they are truly agents of the bank and working on the bank's behalf then what is the harm you suffer from it?

It's clear that you don't like these calls. Tell your bank you don't want to get marketing calls. But so far, I'm not seeing anything illegal they've done from what you've said.
These are collection calls and I’m asking them if they are bank employees since they want to record my information for god knows what and that by me giving information freely thinking it’s my bank and not a call center that isn’t required to have the same type of security as the bank. And by volunteering my information they can sell it. You’re going from a heavily secured information industry to an unregulated industry out for profit. And nobody seems to be bothered by this. My ssn was used by a person in another state to get a job and paycheck. This could be prevented with proper security measures.
 

PayrollHRGuy

Senior Member
You have no idea of 1) what the relationship is between the bank and who is calling, 2) what the call centers security is, 3) what laws surround bank security and 4) how the person in another state got your SSN.
 

Taxing Matters

Overtaxed Member
These are collection calls and I’m asking them if they are bank employees since they want to record my information for god knows what and that by me giving information freely thinking it’s my bank and not a call center that isn’t required to have the same type of security as the bank.
So you owe money to the bank on a delinquent debt and these calls are by third party debt collectors hired by the bank to collect that debt? And is the debt owed a consumer (i.e. nonbusiness) debt? If that's the case and they are not truly bank employees then they must follow the rules in the federal Fair Debt Collection Practices Act (FDCPA). For a summary of your rights under this act, see the Consumer Financial Protection Bureau page on it. In addition, the collector has the same responsibility under state tort law as any business to take reasonable steps to secure and protect the personal information you provide to it.

And by volunteering my information they can sell it.
They cannot sell it to just anyone. The collector is also going to be subject to the Gramm-Leach-Bliley Act (GLBA) which imposes limitations on the uses of personal information obtained by firms in the financial services sector, including debt collectors, and requires certain financial services providers to have a privacy policy and to provide notices of that policy in some circumstances. In short, there are some significant regulations that do apply to the consumer debt collection industry.

You’re going from a heavily secured information industry to an unregulated industry out for profit.
If this is a third party collection agency collecting a consumer debt then it is at least as regulated as a collection call center run by the bank itself, and in most states it is actually more regulated then a bank call center would be. That's because most states don't regulate either one. There are a few states that apply the same rules the FDCPA imposes on third party collectors to the debt collection activity of the original creditor, but most states don't. So in most states, if it was the bank itself collecting, you'd not have the protection of the rules in the FDCPA.

My ssn was used by a person in another state to get a job and paycheck. This could be prevented with proper security measures.
How do you know the person got your name and SSN from the debt collector and not someplace else? If you can prove that the person got it from the debt collector then you may be able to sue the debt collector for negligence. And if you can show the bank was negligent in selecting the collector, i.e. that the bank knew or should have known that the collector had poor data security policies, you could include the bank in that lawsuit too. But if you have no proof then all you are doing is speculating that the collector is responsible.

Now, I would not give out any personal information to anyone, including a debt collector (perhaps most especially a debt collector) who cold calls me and asks for it. I would verify first that the caller is legitimate, preferably with some other source that I could trust. And I advise clients to do the same thing: verify that the person contacting you is actually who they say they are before giving up any sensitive personal information.
 

Devilman93

Active Member
You have no idea of 1) what the relationship is between the bank and who is calling, 2) what the call centers security is, 3) what laws surround bank security and 4) how the person in another state got your SSN.
1 I told you the relationship
2 it’s probably easier to hack that a bank
3 yes I do, and exposing people to potential fraud is probably bad
4 that was just for demonstration purposes, I never said it was related
5 you don’t seem to know much about banking security protection
6 you don’t seem to be offering advice so I don’t need anymore “help “ from you thanks but no thanks
 

Devilman93

Active Member
So you owe money to the bank on a delinquent debt and these calls are by third party debt collectors hired by the bank to collect that debt? And is the debt owed a consumer (i.e. nonbusiness) debt? If that's the case and they are not truly bank employees then they must follow the rules in the federal Fair Debt Collection Practices Act (FDCPA). For a summary of your rights under this act, see the Consumer Financial Protection Bureau page on it. In addition, the collector has the same responsibility under state tort law as any business to take reasonable steps to secure and protect the personal information you provide to it.


They cannot sell it to just anyone. The collector is also going to be subject to the Gramm-Leach-Bliley Act (GLBA) which imposes limitations on the uses of personal information obtained by firms in the financial services sector, including debt collectors, and requires certain financial services providers to have a privacy policy and to provide notices of that policy in some circumstances. In short, there are some significant regulations that do apply to the consumer debt collection industry.


If this is a third party collection agency collecting a consumer debt then it is at least as regulated as a collection call center run by the bank itself, and in most states it is actually more regulated then a bank call center would be. That's because most states don't regulate either one. There are a few states that apply the same rules the FDCPA imposes on third party collectors to the debt collection activity of the original creditor, but most states don't. So in most states, if it was the bank itself collecting, you'd not have the protection of the rules in the FDCPA.


How do you know the person got your name and SSN from the debt collector and not someplace else? If you can prove that the person got it from the debt collector then you may be able to sue the debt collector for negligence. And if you can show the bank was negligent in selecting the collector, i.e. that the bank knew or should have known that the collector had poor data security policies, you could include the bank in that lawsuit too. But if you have no proof then all you are doing is speculating that the collector is responsible.

Now, I would not give out any personal information to anyone, including a debt collector (perhaps most especially a debt collector) who cold calls me and asks for it. I would verify first that the caller is legitimate, preferably with some other source that I could trust. And I advise clients to do the same thing: verify that the person contacting you is actually who they say they are before giving up any sensitive personal information.
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
 

cbg

I'm a Northern Girl
Tell you what, devilman93. Since you are convinced that a law is being violated, by all means call an attorney and see if you can convince him to sue.
 

Devilman93

Active Member
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
It’s not about the debt it’s about collecting the information. That’s where they break the law. They already have my information from the bank ok. They call me fine. But on a recorded line they ask for the information again claiming that they need it, false and that they work for my bank false. When I tell them I would like to record them they say it’s against company policy , cap 1 clearly states they agree to be recorded. They are asking for my information under false pretenses and many people just hand over freely their ssn and acct numbers and this seems to be at the very minimum suspicious. I can’t get in contact with the bank to see if they are aware of this behavior of their subcontractors.
 

Devilman93

Active Member
Tell you what, devilman93. Since you are convinced that a law is being violated, by all means call an attorney and see if you can convince him to sue.
I filed a complaint with 2 federal agencies and not hiring an attorney until the bank makes me an offer, proving they are complicit in the practice.
 

PayrollHRGuy

Senior Member
1 I told you the relationship
2 it’s probably easier to hack that a bank
3 yes I do, and exposing people to potential fraud is probably bad
4 that was just for demonstration purposes, I never said it was related
5 you don’t seem to know much about banking security protection
6 you don’t seem to be offering advice so I don’t need anymore “help “ from you thanks but no thanks

Cap one's security is soooo good. https://www.cnet.com/how-to/capital-one-data-breach-what-you-can-do-now-following-bank-hack/
 
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