FDCPA Lawsuit?

[One Non Blonde]

Hi everyone. Any help y'all could give me on the following problem would be much appreciated. I'm from Ohio.

Well, we've been getting phone calls from this woman known only as "Miss M." and we got another one this morning. I asked my fiance to call to find out who she was and what she wanted. He couldn't reach "Miss M." but he did talk to someone else that works there. Apparently, this place is a collection agency. Since my fiance has worked at a collection agency before, he knows quite a bit about the FDCPA.

My fiance asked about my debt and they told him everything. They gave him every ounce of information that they had. I honestly can't believe they gave out all of that information! They told him how much I owe, what it's for, who it's from, and the steps they are taking to collect. I never authorized them to give anyone my information.

What do I do next? Who should I contact if I do, in fact, have a lawsuit?

Thanks again!

 

[olgethorpe]

Not yet...

If your fiance called from the same number that they called you on, and had enough info to identify your debt, they probably assumed he was a party to it. While that may have been a bad assumption on their part, unless you recorded the conversation, they'll probably either deny that it happened or say "whoops, we made a mistake..so sorry".

Bottom line is you probably don't have enough for a suit at this point, but I think you should still send them a request for validation and include that in the future all communication is to be written only.

 

[ExcellentChoice]

Well, Lets See.....

Although the debt collector may have made an assumption, they do not have the right to make mistakes. What if they called the wrong house, that information in the wrong persons hands could be harmful. There is something you can do.

Under the Federal Fair Credit Reporting Act

15 U.S.C. § 1681r. Unauthorized disclosures by officers or employees
Any officer or employee of a consumer reporting agency who knowingly and willfully provide information concerning an individual form the agency's files to a person not authorized to receive that information shall be fined under Title 18, United States Code, imprisoned for not more than two years, or both.

There are limitations, please check 15 U.S.C § 1681h(e), however, if you can prove willfully intent (depending if your Fiancée is really a Fiancé and the voice is sounds like a women) and they knew that he was not you. Point blank.

Overall, a letter to bring to a halt all calls to outside parties other than those that you indicate in that letter. If you are UNLUCKY, it probably will never happen again after the letter. If you are LUCKY, they will call everyone in your house after you sent the letter and tell all your business. At that point, you would be forced to sue them for defamation, invasion of privacy, and negligence worth at least $1,000. After a honest attempt to remedy this yourself, any court room in the country will see you as a victim.

Get Lucky!

 

[Ladynred]

15 U.S.C. § 1681r. Unauthorized disclosures by officers or employees
Any officer or employee of a consumer reporting agency who knowingly and willfully provide information concerning an individual form the agency's files to a person not authorized to receive that information shall be fined under Title 18, United States Code, imprisoned for not more than two years, or both.

DOES NOT APPLY !!! FCRA governs CREDIT REPORTING AGENCIES and furnishers of information. The complaint here is a violation of the FDCPA, totally different law and it governs 3rd party debt collectors.

Oglethorpe is correct, while they were wrong, the CA probably assumed, stupidly, that he was/is your spouse as they CAN give that information to a spouse. So yes, they violated the law, but one offense w/o proof such as a tape of it won't get you too far.

 

[ExcellentChoice]

Ladynred is right.

Ladynred is right and I was wrong.