I had a Home Depot MC for my business (s.p.) that I may or may not have abandoned payments on. I do not know if I signed a personal guarantee on the account or not. If the payments stopped it would have happened in Oct. I received a letter from NCO that there was an unpaid amount on the card and I had to contact them so they can determine if they can resolve this in house or forward to an law office. I reside with my parents and we have the last name. They attempted to call me on their phone number which I am unsure if I put on the application. I was not around and they tried calling mutiple times. I asked my father to take a number from them and I would call back. Yesterday he spoke to someone from their firm who left her name and number. My father gave that information to me and my mother. I did not call them yesterday because I wanted to be prepared and they called the house today. My father called my mother at work with that information and my mother called the Collecton Agent who spoke to her and told her the outstanding amount and the amount they would settle for. My mother then proceeded to give the agent my work #. My mother then called me to tell me what the collections agent told her. My name (and company name) was the only names on the account they bought from CitiBank/HomeDepot. A while after that I recieved a call from the agent who admitted that they spoke to my parents about this. I asked the agent why she gave any information about the amount of the debt and a settlement amount to anyone other then me and she told me that because our last names are the same and the address is the same she could talk to them about the debt. I believe her giving any information other than her phone number and extension was a violation. Is this correct?
Her excuse is just that. FDCPA says nothing about whether if last names are the same, its ok. She still disclosed the debt to a third party. However, you and your parents muddied the situation when they contacted NCO, apparently acting at your direction, as your agents. In addition, it sounds like this was a card opened by a business for business purchases, in which case it might not be covered by FDCPA anyway. You mentioned you don't know if you guaranteed it, but you might have stopped paying on it. Was this your business? If it was incorporated, whether you guaranteed it might determine whether you were personally liable, should the corporation default. However, if you ran a sole proprietorship, or a partnership, whether you explicitly guaranteed it or not, the business's liabilities are ultimately your liabilities. (Note: I am not an attorney.)
Yes I thought the disclosure of anything other than her name , and contact number would be a violation I never gave my parents permission to talk to them. I did ask my father to take a phone number I could call the caller back at. When my mother spoke to me today I told her not to call the collections agent back. I believe that because I did not give permission to anyone to act as my agent. I have instructed the Collections Agent to not speak to anyone else other than myself. I'm not sure if this is covered by the FDCPA or not It was a sole propiertoship so I know the business's debts are my debits but I do not know if they can post deliquencies on my credit report or only on the business's report. I am trying to be vague where I can because I do not want to say anything publicly that would be an affirmation of the debt. If I'm correct and this is covered by the FDCPA there is one violation 1) Speaking to my mother the first time before my mother spoke to me and disclosing the amount of debt and what they would settle for .
But if it is a business debt, FDCPA would not necessarily apply. The "debt" referred to in FDCPA is "consumer debt", as defined below: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#803 "§ 803. Definitions [15 USC 1692a] As used in this title -- (1) The term "Commission" means the Federal Trade Commission. (2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium. (3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt. (4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. (5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. ..."
Nonetheless, if you are already in contact with them, and you tell them not to speak to your parents regarding this matter, they have no legitimate reason to continue to do so.
