Can he give debt info over phone?

[Johnmou3]

What is the name of your state? Orgegon

Is it legal for a daycare provider to call (for emergency only) phone numbers and give detailed information about a past due amount?

Thank you for any information.

 

[Veronica1228]

What is the name of your state? Orgegon

Is it legal for a daycare provider to call (for emergency only) phone numbers and give detailed information about a past due amount?

Thank you for any information.

Yes. They are providing a service which they expect to get paid for. They have not violated any laws.

By the way, where is Orgegon? Is it anywhere near Oregon?

 

[Veronica1228]

Actually, no, they cannot.

I would become familiar with the FCBA and FCRA.

They can call people to try to ascertain your correct address, but they cannot disclose the details of the debt.

It is absolutely illegal.

I'm not sure why you would tell the orginial poster that it wasn't.

I am very familiar with the FCRA and as far as I can tell it has to do with credit and insurance transactions. This is a Daycare Center. Now, I could be wrong and I will admit it if I am, but you're going to have to prove it to me. I just scanned the Act and don't see anything that disagrees with my answer.

 

[Veronica1228]

This particular law is actually detailed in the FDCPA:

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

§ 805. Communication in connection with debt collection [15 USC 1692c]

(b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

Well, darn it that's the FDCPA and I was looking at the FCRA. However, the FDCPA is for CAs and does not apply to original creditors in most cases. Unluckily for me, Oregon does follow the FDCPA for OCs on the state level so you are correct.

I just want to point out that I didn't say "credit cards and insurance," I said credit and insurance. Big difference.

 

[Johnmou3]

thank you for the informtion. do you by chance know the legal definition of "debt collector"? I am looking w/o results now.

 

[Veronica1228]

thank you for the informtion. do you by chance know the legal definition of "debt collector"? I am looking w/o results now.

The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include --

(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;

(C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;

(D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;

(E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and

(F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.

 

[Johnmou3]

thank you to the both of you. the person giving this information out is the daycare providers husband. Would he fall under the following?

(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;

 

[Veronica1228]

thank you to the both of you. the person giving this information out is the daycare providers husband. Would he fall under the following?

(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;

Yes, the husband would be considered a debt collector because he is acting on his wife's behalf.

 

[Veronica1228]

Just in case anyone reading is curious, the states that require OCs to follow the FDCPA in some form are:

Arkansas, California, Colorado, Connecticut, Florida, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New York, North Carolina, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia, and Wisconsin.

(Also the District of Columbia.)

 

[Johnmou3]

am i wrong in believing that OC's means Outside collections?

 

[Veronica1228]

am i wrong in believing that OC's means Outside collections?

OC means Original Creditor. For instance the bank that issued the card or loan.