Can anyone tell me if it is legal for a CA to discuss an old debt I have (individual account) with my spouse? This account was charged off long before I even met my husband. Please let me know if the CA is in violation of FCRA or FDCPA...
It may depend on your individual state laws in regards to responsibility or liabity on your spouses part. Legally, they are not supposed to talk to anyone who is not party to the debt. I have a similiar situation myself, but it is not a spouse. Disclosing information with third parties about the debt, is a direct violation of the FDCPA. If they were lead to believe that your wife was authorized to speak on your behalf, this would not be a violation.
PROBABLY WRONG IN TALKING TO HIM... My wife has had trouble getting some credit card companies to talk to me (WHEN SHE REQUESTS IT!!!)...even when we are sitting on the same bed on the same phone call...
What about corresponding in writing to BOTH of us, for my individual debt? Let's suppose my maiden name is SMITH and my married name is GARRISON. I received a letter from this CA addressed to ANNE & JAMES SMITH. My husband's name is JAMES GARRISON. His name has NEVER been on this account and would never have been in the original creditor's files...the CA added his name. Has the CA just incriminated themselves in a FDCPA violation?
I can't answer any of your questions but I'm sure someone here will have an answer. In the meantime, I suggest you have him check his credit files. I hope what I'm thinking is not true but he needs to make sure.
I have all three of his credit reports, this CA debt is NOT showing on any of his reports. They called our house and we were not home; because of our jobs we both give our cell phone numbers on our message. They called him at work, in the middle of a meeting on his cell phone and discussed my old chargeoff with him. I couldn't believe it! This also opens up that whole other can of worms about whether or not a CA can call you on your cell phone (which costs you money for an incoming call + minutes).
That has been discussed before...if you have like 4,000 minutes and NEVER use over 2,000...it cost you NOTHING! On the other hand, if you have a "PRE-PAID" card type phone...and pay like $0.25 +/- each minute...THEY COST YOU $$$$$.
If you give out you're cell phone, they are entitled to call it. If they call you're cell, and you inform them not to call it, cause it costs you money then they are no longer able to call it. If you don't want people calling you're cell phone cause it costs you money, then don't put you cell number on you answering maching.
"IF IT IS IMPORTANT...MY CELL PHONE NUMBER IS 999-325-8569" "IF YOUR COLLECTING OR SELLING...MY CELL PHONE NUMBER IS 999-555-5555"
I never intended for the thread to digress into a discussion about cell phones. Can anyone address the meat of my issue requoted above?
