Re: credit harrassment?
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Posted by Bob on April 26, 2001 at 02:45:57:
In Reply to: credit harrassment? posted by Nancy on April 25, 2001 at 12:19:56:
If this is an outside collection agency, then they
are clearly violating the Fair Debt Collection
Practices Act. "Third-party disclosures" (i.e. telling other people
besides the debtor about the delinquency) are
prohibited (the main exception being reporting the
account to credit bureaus.) They are NOT allowed
to tell the debtor's co-workers anything about the
debt, or even tell them the reason for calling.
They might be able to call the debtor's workplace
to try to locate the debtor, but that is as far as
it goes. Go to the "Credit Problems" section of this site,
and read the "Collection Agency FAQ" article. <------The link is over there. Also read the Fair Debt Collection Practices Act,
which that article links to. The next time these people call, directly state that
you have read the FDCPA, that you know they have
been violating it, and that you will be keeping
records of all contacts (including any furthur
violations), for a possible complaint to the
Federal Trade Commission. Also directly tell them to never try to contact
either of ou at work again. The issue of notifying
the payroll department would ONLY be legitimate
if they had a lawsuit judgement, and were ordering
a wage garnishment. If they don't have that, then
they don't have any reason to bother the employer.
Also, they are prohibited from threatening any
legal action which they don't intend to actually
take (although these sound like the types of people
who will still make bogus threats.) Good Luck.
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