NCB is telling me that they do not have to abide by the FDCA because this is a "business" card. The business was never incorporated and was always reported to the IRS under my social security number. They are calling ME and coming after ME so why would it not apply? I did hire an attorney, meeting with him tomorrow. I told NCB this and to contact him and not me and they said that they will call until they receive correspondence from my lawyer...? My lawyer said that after I gave them his contact information that they were not to contact me again. Which is accurate?
If the app was clearly marked that it was a business card, then the agreement probably also designates it as such. Not to be used for household purposes. Also, unfortunately, the FDCPA doesn't apply. That doesn't mean that there aren't other tools, but outside of a single Mississippi decision of questionable validity, no court nowhere allows the FDCPA to be used on business. Debt. Moore v. Principal Credit is a very questionable Mississippi decision and the court only found that if they bother you at home enough, a court could find that a business debt could be treated by a court as a non-business (FDCPA qualified) debt, not that it had actually happened.
I need to back up a bit first after checking on something in my files, this account is in my husbands name, not mine. He is retired and his only income is Social Security. He is not listed on the deed to our home or on any of our assets. Can they do anything at all to him given those circumstances? I am not listed as a responsible party at all. Should they even be talking to me about the account?
If you did not sign for this card as a joint owner and there is nothing that points to you having anything to do with this account then IMO they should not be talkiing to you whatsoever. If your husband has NOTHING and your accounts are ALL in YOUR NAME only,not jointly, IMO they cannot do much,save a judgement, and then they still cannot do much unless he wins the lottery : ) Woofer
