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FDCPA Violation?

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caphis

Junior Member
What is the name of your state? VA

A debt collector contacted a relative of mine regarding a credit account that was opened by him for me to use. He opened this account for me about six years ago; I've done all the charging, and paying, and have recently gotten a bit behind on it. Anyway, a few months ago I had changed cell phone companies and forgot to give the creditor the new number, so they found my relative's and called him. He then called me and told me to call the lady from the collections.

I did, and when I got on the line with her, I gave her the account number to pull up. I asked if she would have any problem with me recording the conversation; she said no, and advised me of the same. Once she pulled up the account, we discussed the balance due on it, and I made a suggestion for a payment arrangement. She then went on with "well, it looks from your credit report like you have $9000 available credit on X card, a mortgage line open with X bank that has some money you could take a loan on..." and a few other items from my relative's credit report.

I cut her off to tell her that she wasn't reading my credit report, but my relative's. Only then did she ask who I was and what relation I had to the account. I told her my name and explained that though my relative opened the account, I had been using it with permission to make charges and payments. She said "oh" and we kept discussing payment arrangements. By the end of the call, payment was all squared away, but I walked away feeling a bit odd about the exchange.

The question is, would my relative have a case for suit against this organization for violation of the FDCPA? They revealed specifics of his credit report to me; names of banks, balances of accounts, all without even knowing my name. She came on the line, gave me her name, I told her I was calling about account xxxx-xxxx-xxxx-xxxx, and she asked for a moment to pull it up. Her next words were "alright, the balance on the account is $X, with payment due of $X..." I jokingly said to my relative "y'know, she suggested a balance transfer from your X card to pay this account off, since you have a couple thousand available and all." He asked how I knew that he even had an X card.
 
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TigerD

Senior Member
Yes. That is a violation. The collector should have verified your identity before discussing the account and once she learned you were not the debtor ceased communication with you. UNLESS, your relative gave them permission to talk to you.

DC
 

caphis

Junior Member
Thank you for the prompt reply. My relative did not give the collector permission to speak to me regarding the debt. After posting this, I googled for the text of the FDCPA itself.

Am I correct that this is a violation of § 805(b)?

Would it be a stretch to say that there was also a violation of § 804(2)?

Actually, in retrospect, nowhere in the call did any representative give the spiel of "This communication is from a debt collector, and any information obtained will be used for that purpose." Are they required to, even when they're not the ones initiating the call? I know some companies say that in their automated greeting, but calling the number I was given yields "Thank you for calling XXX Inc. If you know your party's four digit extension, please enter it now. Otherwise, please hold for a representative."

Should my relative wish to pursue a claim against this company, what would be the next step?

Thanks so much for the great info.
 

TigerD

Senior Member
He would have to hire a lawyer and prove it.

** You were contacted by a collection agency and not the original creditor, right? The FDCPA doesn't apply to the OC.**

DC
 

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