I am in a dispute with a CA and need some help. Is it a violation for the CA to discuss my collection account with someone other than myself? If so, could someone point me toward the law that outlines this? Thanks!
Yes. FDCPA § 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.
please please please read the Unofficial CreditNet Board FAQ. (on the top of all post) first, before doing any dispute!!!! READ THE FDCPA from FTC !! here is the site with the summary.. _____________________________ http://www.creditinfocenter.com/eBooks/PoorMansClassActionLawsuit.shtml VIOLATION: Calls any third part about your debt like friends, neighbors, relatives, etc. However they can contact your attorney, a consumer reporting agency, the creditor, the attorney of the creditor, or the attorney of the debt collector. Consumer protection afforded by the FDCPA FDCPA Section 805. (b) $1000
Does anyone know where I can file a lawsuit if need be? The CA is in VA and the collection is from an apartment complex in VA I lived at in 96-97, but I now reside in FL. Can I file in FL?
Find out if the CA is a corporation. (should be). Find the FA secretary of state website, you can usually find out who is the representative in your state for that corporation. Sue them in your local small claims court, have the subpeona served to the CA through its registered represetantive in FA. Hope this helps.
Also make sure they're licenced in FL. CA's require a licence to collect debts under Florida Collection Laws. You can find out if a CA has a licence http://www.dbf.state.fl.us/ and click on "Licencing and Registration"
They are a small town collection agency in VA. It is Merchants Credit and Collections, Inc. They would not be licensed in FL if they are located in VA, right? Can I sue them in FL if they are in VA and the apartment complex where the debt was supposedly incurred is also in VA?
Hmm ignore my post and stupidity, if it's all in VA then it's irrelevant I would think. Haven't sued one yet so I'll leave it to the experts to advice on that
DMurphy- You need to check Florida's state consumer laws. FDCPA allows a CA to contact a friend, family member, neighbor etc on one occasion in order to locate you. BUT some state laws prohibit the CA from speaking to anyone other than the debtor or the debtor's attorney, this is the ONE perk of my states consumer bureau. So *I* could sue for State ACt violations but not FDCPA violations, make sense?
Actually, the mortgage broker we are using (family friend) tried to call the CA to "help" out without me knowing. The CA discussed the account with her. I was pissed that she called, but happy they screwed up. Is this a violation?
They are able to speak to someone in order to locate you as someone said above. However, they can not discuss the fact that they are collecting on a debt, what the debt is for, etc. They have violated by discussing this with the mortgage broker, it doesn't matter that she initiated the call. VIOLATION!
