Long story, I will try to summarize: I came across a consumer website that victims of scams and rip-offs can post their stories. A half dozen posts were made by a lock & safe COMPANY regarding past-due (supposed) debts, stemming from 2 year old "trip-charges." (Customers had locked their keys inside their cars and had called this company for a vehicle unlock). The company claims they responded to the customer's location, only to find they had used another company or the local police to open their cars. The company still sent bills for the $45 service, claiming the customers did not call to cancel and they were under verbal contract. Eventually, the company turned the unpaid accounts over to a collection agency, and they claimed they were pursuing "theft of services" charges against these customers. The lock & safe company has decided to take their collection efforts public, by posting the info on this consumer website. So far, there are a half dozen accounts posted. They actually use the word "deadbeat" over and over on these messages! They detail the supposed debts, giving the consumer's name, address and phone number! It gives a basic narrative of what happened during the initial call, and a summary of the conversations that transpired during their collection efforts! My questions: 1) What recourse do these customers have and who should they contact? 2) The FDCPA was geared toward third-party debt collectors, but I understand that in some situations, the "original creditor" could be found in violation of the statues. Is anyone aware of case law relating to publicly posting information on consumer debts? In case you are wondering, this is not my debt, I am not the collector or in any way affiliated with this situation. It just struck a nerve when I saw it, and wanted to do something about it. Yes, I'm sticking my nose where it doesn't belong. But someone has to stop this before it gets out of hand. Just think what you would feel like if it happened to you or someone you know.
PROBABLY LIABLE FOR THE "TRIP CHARGE" POSTING FOR PUBLIC CONSUMPTION...over the top!!! MAY BE ILLEGAL
Hey spyguy! Remember when you and I were the only ones who cracked the code into the secret palace (until cinderella and jlynn sneaked in the back door)? Those were the good ole' days... I don't have a good answer to your question. I'd think each person could nix the CA by requesting a copy of the signed contract (which doesn't exist since it was done verbally). If the CA verifies without validating the debt, then the person could sue the CA under the FDCPA and possibly also hold the OC liable for the actions of the CA (since the OC was fully cognizant that no written contract ever existed). I would think that only a court would have the power to enforce a verbal contract...in other words, without a judgment in place the OC has not created a valid debt that can be legally collected on by the OC or CA or reported to the CRA. As far as the OC calling them "deadbeats" and putting their private information on a public site...that sounds like libel to me, for which a good lawsuit would be the obvious cure. Just my late night thoughts. From the law.com dictionary: libel = to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. Libel is the written or broadcast form of defamation, distinguished from slander, which is oral defamation. It is a tort (civil wrong) making the person or entity (like a newspaper, magazine or political organization) open to a lawsuit for damages by the person who can prove the statement about him/her was a lie.
Doesn't anyone else see this as if a company you owed money to talked to a third party? I mean, they are talking to millions of people about a debt you supposedly owe. I see this as such. It's illegal for a collector, be it the original creditor or someone they hire to collect on their behalf, to talk to anyone about YOUR debt except YOU. If they are caught doing such, you could sue them for FDCPA violations in civil court. I'm not a lawyer, I just know a little about the law.
Um, jlynn, nitpicking really, but OC is covered by FDCPA *if they use a business name other than their own* in the course of collecting any debts.
That is all true, but in any Libel/Slander case, TRUTH is an ABSOLUTE DEFENSE. And since this was done by the OC, FDCPA prohibitions dont apply. It isn't often I say the creditor is within their rights being a skunk, but it looks like this time they are.
Re: Re: Posting debts on a public website! LOL are you picking on me? I knew that...just didn't get that impression from Spy Guy's post.
Re: Re: Posting debts on a public website! I know what I said don't apply to Spyguy's post ... but still ... could not resist No offense meant; I respect you enormously ...
Thanks for the responses. Good to hear from everyone! Yeah, I was pretty shocked to come across that site. I will do some more checking on the legal sites I use. Hey greenvan! We sure had fun that night! Like kids in the candy shop! lol Didn't see all the responses in the 4 hour delay in finishing this reply until now.....I still believe that OC can be held liable. Several big companies I worked for lead me to believe this to be true. Since I don't have any references, I can't support it. That's why I posted this message, I wanted case law/statutes. Again, I think the OC in this case is wrong. To clarify, THEY posted the public messages, not the collection agency. It is true that no one knows what actually happened on the calls for service. The OC might have a solid case, and everything they've done to collect the debt follows the law, with the exception of posting public "DEADBEAT" messages. That's crossing the line and very illegal, IMHO.
