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credit card bank fraud

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gennie timmons

Guest
What is the name of your state? South Carolina

I am worried about my daughter. She is 21 and just told me that she has a credit card that she has not paid in a long time. Her balance is a little over $1000 and a account rep called her today threatening to arrest her for bank fraud. I don't know what to do, can they arrest somebody for not paying a credit card? Any advise will be greatly appreciated.
 


bigun

Senior Member
No, there are no debtors prisons. They won't put her in jail unless she used someone else's ID to get the card.
 

JETX

Senior Member
Bigun is correct in that they can't have her arrested for not paying the account, but they could if they have a valid case for bank fraud as threatened.

However, there are lots of other reasons for bank fraud other than using someone elses ID. What are they saying as to why they believe that she committed 'bank fraud'???
 
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KeyLegal

Guest
There is also the *possibility* the account rep was simply attempting to frighten by making the claim the debtor might/would be arrested. If this is correct, it is a violation of the federal Fair Debt Collection Law if done by a collector, and not the bank. While it is possible the debtor has somehow committed fraud, my feeling is that this is simply an improper collection tactic.

Joe Key
 

JETX

Senior Member
Key: You would be correct IF the contact were being made by a 3rd party debt collector, but since the writer said that the contact was by "a account rep" and with the threat of bank fraud, I doubt that this was a 3rd party. The FDCPA does NOT apply to creditor contacts.
 
K

KeyLegal

Guest
I do not disagree with your general conclusions; however, the term "account rep" could also be, and sometimes is, used by collectors at collection agencies. You are simply assuming it was a *bank account rep*. If the calls are coming from the bank, you are quite correct, there is no FDCPA violation. If the calls are coming from a collection account rep, then there is!
 

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