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Privacy Violation?


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#1 Darkmuse

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Posted 31 March 2012 - 07:33 AM

I live in Missouri and about three weeks ago a collection agency called and spoke to my husband about my debt. I never gave them permission to speak to anyone outside myself.

Then, about a week ago, they called and were pressuring/harassing me for the total amount due, which I couldn't come up with all at once, even if I tried. The lady began to ask all kinds of questions about mine and my husband's place of employment, the total of bills we owed, why couldn't he pay the bill and so forth, never mind the fact that he's paying two mortages (we still have a house in TN that hasn't been sold) and he also pays all the routine bills such as electric, gas, phone, internet and more.

My questions are: did the collection agency violate my privacy by speaking to my spouse? Also, was she legally able to ask me all the questions she did in regards to mine and his income and the other bills we pay?



#2 RetCopPrlgl

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Posted 31 March 2012 - 07:56 AM

Darkmuse said...

about three weeks ago a collection agency called and spoke to my husband about my debt. I never gave them permission to speak to anyone outside myself.
They can discuss the debt with you, your spouse, or your attorney (if you have one) but not with anyone else outside your family.

Darkmuse said...

Then, about a week ago, they called and were pressuring/harassing me for the total amount due, which I couldn't come up with all at once, even if I tried.

Of course.  Collection agencies (and their employees) work on a commission of the amount collected.  They hope to collect as much as possible with less effort.

Darkmuse said...

The lady began to ask all kinds of questions about mine and my husband's place of employment, the total of bills we owed, why couldn't he pay the bill and so forth
They can ask any questions they want, as long as what they ask doesn't violate the Fair Debt Collection Practices Act.  (This link is to an FAQ from the Federal Trade Commission.)

You are, of course, free to refuse the answers to those questions.

Darkmuse said...

My questions are: did the collection agency violate my privacy by speaking to my spouse? Also, was she legally able to ask me all the questions she did in regards to mine and his income and the other bills we pay?



As I said above, yes.  You don't have to tell them anything.  In fact, you are free to tell them not to contact you about the debt at all (preferably in writing - certified mail).  If you do that, their only option then would be to inform you in writing that they will no longer contact you, but that their next step would be possible civil action.







I am not an attorney. My comments are made based on my training and experience as well as diligent research.  I am also not perfect, therefore, I will accept constructive criticism, if tendered with respect.



#3 Insons_Insontis

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Posted 31 March 2012 - 12:13 PM



1.  Identify who they are and look them up at your secretary of state (online) to get their registered address.

2. 
Send them a certified letter return receipt requested (A certified
letter where you get a return stub proving that they have received and
signed for the letter), your post office will help you with that.

3. 
The letter has to be sent from you to the collection agency
demanding they cease communication pursuant to FDCPA Section 805©. 
Google it and read section 805, 806, 807 and 809.

Sample:

Your Name
123 Your Street
Your City, Your State 00000


Naughty Collection Agency
123 Their Street (as registered with secretary of state)
Their City, Their State 00000


March 31, 2012

Re:  Your Account # 12345
        Balance Claimed:  $1,000,000.00


Dear Sirs:

This letter is to be construed as a cease communication order pursuant to FDCPA Section 805©.


Sincerely,


Your Name   (no signature is necessary but feel free to sign it if you wish)











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