Interesting? I think not. First off, THEY do not service your account one iota. THEY do not report jack to the CRAs. NCO admits that they do all of this for Medclr. Notice that in the privacy "statement" it states that correspondence is to go to their "servicer". Further identifying that they do NOTHING with your account. I don't know about anyone else, but I NEVER received a communique from Medclr that had anything of the sort (privacy statement) in it. Then there is the statement,"In accordance with the Fair Debt Collection Practices Act (FDCPA): This is an attempt to collect a debt. Any information obtained will be used for that purpose. Although we own your account, the FDCPA requires us to state that this is a communication from a debt collector." Ya know, I have never had an "OC" do that yet! ________________________________________________ FTC opinion.... quoting the FDCPA: "any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity . . . (iii) concerns a debt which was not in default at the time it was obtained by such person." That means that for FCDPA purposes, Medclr IS accountable to the FDCPA because the debts they purchase are in default at the time that they are purchased. ------------------------------------------ Also, "to assist us in servicing your account..." they will share you info with NCO (aka the gestapo) and will report you to the credit bureau. Hmmm, interesting customer service! LOL - NOT! _____________________________________________ Now, they state that they are giving you this notice to comply with the "Gramm-Leach-Bliley Privacy Act". This act only applies to FINANCIAL INSTITUTIONS! So, they are attempting tp parade as a bank?! Don't think so! DEFINITIONS per the G-L-B Act: (9) Consumer The term ''consumer'' means an individual who obtains, from a financial institution, financial products or services which are to be used primarily for personal, family, or household purposes, and also means the legal representative of such an individual. (10) Joint agreement The term ''joint agreement'' means a formal written contract pursuant to which two or more financial institutions jointly offer, endorse, or sponsor a financial product or service, and as may be further defined in the regulations prescribed under section 6804 of this title. (11) Customer relationship The term ''time of establishing a customer relationship'' shall be defined by the regulations prescribed under section 6804 of this title, and shall, in the case of a financial institution engaged in extending credit directly to consumers to finance purchases of goods or services, mean the time of establishing the credit relationship with the consumer. Now, I never got any financial products or services from Medclr. There was NO joint agreement and they never extended credit to me so no such relationship exists. Hmmmm, I'll let this go for now.... Gotta call that Attorney~
OK, now for those ready to sue NCO (acting as the agent for Medclr...) The FTC has revised their opinion for "deMayo" on 5-23-02, to wit: "If the agency employees you describe are "debt collectors" under the above analysis, it appears that they and their collection agency would violate Section 807(14) of the FDCPA, 15 U.S.C. § 1692e(14), if they represent to consumers that they are employees of the consumers' creditors. Section 807(14) prohibits "debt collectors" from using "any business, company, or organization name other than the true name of the debt collector's business, company, or organization." If the agency is a "debt collector," it may not use the creditor's name when communicating with consumers from whom it is attempting to collect debts; it must use its own." So by sending correspondence that they are Medclr and listing as Medclr they are violating the law! Yeah, they answer the phone "NCO" but everything else comes in Medclr.
NCO tried to collect on my "paid off" student loan. All correspondence came under Dept of Ed. even the envelope. All addresses andphone numbers were NCO. Go figure!
