Can you sue original creditor if they

Discussion in 'Credit Talk' started by Led764, Aug 30, 2010.

  1. Led764

    Led764 Member

    Can you sue the original creditor if they have contacted and discussed your financial "problems" with a third party?
     
  2. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Here's what the FDCPA has to say about that:

    (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.

    So, the answer is it depends on who the 3rd party is.
     
  3. cllrse

    cllrse Member

    Hi Led! Was it a 3rd party collection office or was it the original creditor? Remember the FDCPA does not apply to the OC so you may be out of luck in that accept. However there may be state laws (unfair and deceptive business practices) that could apply to your situation.
     

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