I owe Cap One $8k, and the collection agency/attorney has been calling, and today called my dad and he openly have all my credit report info, what I pay for my car, etc. information to my dad. Do I have any legal recourse against them? Thank you
He told my dad what negative items were on my credit report, including my monthly payments i owe, ex car etc... also how much I owe cap one and they want payment. Basically, he freely discussed all my credit history.
Have your father memorialize the conversation ASAP including any name, the time, and information given by the collector. From what you've said, if the collection attorney revealed information on the debt that he was attempting to collect, that's a violation of your rights under the FDCPA § 805(b) (15 USC 1692c) specifically regarding unlawful third party communication. The key is what was said about the specific debt that the CA is/was attempting to collect. If you do not share the same first name with your father, there's no "bona fide error" defense for the CA. The FDCPA is a strict liability statute, meaning that the mere violation of the law is sufficient to incur liability for damages. It's $1,000. You can tell them to pay you now, or pay you in court but get the details down from your father.
Sounds like a CA, not an attorney. If it was, in fact, an attorney, I would have expected him to know better. Did he actually say he was an attorney, or did he imply it? Here are some examples that cross the line: http://www.pennlawyer.com/fdcpaprint.htm
He works for an attorney who is trying to collect the debt. So I guess they are both. How does me owing them money alter me trying to sue them etc? I am not working at the moment, so there really isn't anything they can get from me.
It matters if someone attempting to collect a debt telephoned and told a third party (your father) about your debt. If your father was told about your debt, then you have a case. And it's a $1,000 violation. If you're currently unemployed, you will in all probability be employed in the future and in some states, judgments can literally be forever. You need to document, with your father, who telephoned, the date, time, and the conversation regarding the debt. It's also matters if the individual who telephoned is not an attorney, but misrepresented him/herself to be one to your father. That, too, is a violation. Depending on the state where you reside, your state consumer statutes may also provide relief for you in regard to this individual revealing your debt to a third party. One thing though, don't send a ITS letter unless you plan to follow through.
I think that's pretty weak and sending an ITS would be crazy. You have no evidence of the phone call, you could try to get a copy from them, but I bet they would have trouble finding it. If you father does "memoralize" the phone call it would be long after it happened, and I sure that would be brought up. If the debt is legitimate, and you sue them, bet your ass they are going to return the favor, and if you have no defense, you are in deep crap. Maybe you get luck and win 1000, fine with them, they take 7000, better than nothing for them. With a debt that large you are going to be sued. Until that happens I think you need to doccument as macy violations as possible to give you leverage for a possible settlement. Record all phone calls, try to catch them in FCRA violations etc. Best of luck brian
Memorializing a conversation isn't that hard and it's even better when the participant makes a very credible witness. The OP gets the record of the telephone call through discovery, but if the CA did it once, there's a better than even chance this individual is going to telephone again. Have a recorder at the ready and if you share a home with your father, let him speak. Record. Save. Prepare a transcript of the conversation. If they violated once, they'll do it again but you've got to have the evidence.
