Finance Companies - who can they call?

[Kat in CA]

I live in California. I have 2 cars financed through a california finance company. Here's the problem....before the contract was signed, they asked us for a reference list - 6 names and phone numbers. They called them all to get references. The past couple months we have been having some slight financial difficulties and have been a few days late with the payments. The finance company started calling everyone on the reference list, claiming they had no current phone number for us, or address, even thought they had already called us and sent us a notice that we were late. Then, to make matters worse, one of the people on our list called them back from a friends house, and they must have caller ID, because now they are also calling those people!!! We did let them know we wer having a tough time at the moment, and made other arrangements with them, yet still they called. Now they don't even call us anymore, they call all the epople on our reference list. Is that legal? I told them I did not think it was...thy claim our reference list is our contact list and they have every right to call who they want. Isn't that harrassment? We never signed anything or agreed to those terms....the paper we filled out only says references, not contacts...please let me know so I can hopefully get these people off the backs of our relatives, friends, and now their friends!!!!! Thank-you in advance for your help.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Kat in CA:
I live in California. I have 2 cars financed through a california finance company. Here's the problem....before the contract was signed, they asked us for a reference list - 6 names and phone numbers. They called them all to get references. The past couple months we have been having some slight financial difficulties and have been a few days late with the payments. The finance company started calling everyone on the reference list, claiming they had no current phone number for us, or address, even thought they had already called us and sent us a notice that we were late. Then, to make matters worse, one of the people on our list called them back from a friends house, and they must have caller ID, because now they are also calling those people!!! We did let them know we wer having a tough time at the moment, and made other arrangements with them, yet still they called. Now they don't even call us anymore, they call all the epople on our reference list. Is that legal? I told them I did not think it was...thy claim our reference list is our contact list and they have every right to call who they want. Isn't that harrassment? We never signed anything or agreed to those terms....the paper we filled out only says references, not contacts...please let me know so I can hopefully get these people off the backs of our relatives, friends, and now their friends!!!!! Thank-you in advance for your help. <HR></BLOCKQUOTE>


My response:

The "right" of privacy is with your friends and family. They are the ones obligated to tell the finance company to NEVER use their phone numbers again. Unless your friends and family exercise their rights, there is nothing you can do.

All they have to say to the Finance Company is:

"I never allowed you to call me. I am not a party to your contract with (_______). I consider your calls to be harassment. Therefore, if you continue to harass me because of your problems with (_______) under your contract with (_______), I will sue you for your invasion of my privacy. I am hereby demanding that you NEVER call my telephone number ever again."

It would be better for them to put this in writing, sign it, and date it. Have them use your account number. Supply your friends and family with similar letters for them to all sign, along with pre-addressed and stamped envelopes for their convenience.

IAAL

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[JETX]

IMHO, the debt collector is in possible violation of the following sections of the FDCPA (Fair Debt Collections Practices Act):

1) 15 U.S.C. §1692c. Communication in connection with debt collection
"(b) Communication with third parties. Except as provided in section 1692b of this title, 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 the 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."

2) 15 U.S.C. §1692d. Harassment or abuse
"A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt."
I argue that the contacting of 3rd parties without prior direct permissin is abuse.

3) 15 U.S.C.A. §1692b. Acquisition of location information
"Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall--
(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
(2) not state that such consumer owes any debt;
(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;"

Now, with that out of the way....
Send a letter to the finance company. Advise them that they are in violation of the above provisions of the FDCPA and demand that they CEASE all such activities. In the event that they fail to do so, you will retain legal counsel.

Hope that this helps...

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

 

[Kat in CA]

Thank-you both very much! It has been very helpful to me!

 

[I AM ALWAYS LIABLE]

Steve:

Please correct me if I'm wrong.

Our writer appears to have said that it is the finance company who is conducting their own collection of the debt, and not a collection agency.

It is my understanding that the FDCPA only comes into play if there is a "third-party" collector involved; e.g., a collection agency, etc.

It is my further understanding that if a person or company is collecting a debt on its own, the FDCPA does not apply.

Please let me know your views.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."