One of my credit card companies disclosed VERY private information about my acct to someone not on my account!

Question

They called my parents home looking for me, spoke to my mom thinking it was me, never once verified who she was, disclosed very private information which has since caused me a great amount of grief. Yes, I owe them money, but, they have violated my right to privacy. Can I make them pay? Would I have a case if I sued them? Also, my parents ph number was on the Do NOT CALL LIST!!

Answer 1

Honestly,  your mother probably id'd herself as you.  Collectors are only required to verify ID when you're calling them.  A collector will call and ask for Joe, the person who answered will ID himself as Joe, and the talk off begins.  The collector violated no law if this was the case.  And you would more than likely have a hard time proving otherwise.  They would go back into the performance history of that collector and they would also be able to pull the tape of that phone call, and tapes don't lie, so you might want to call the CC company and ask them to review that call.  They won't let you listen, but if the collector divulged info purposely she will be disciplined/fired.  If your mother ID'd herself as you, the point is moot and your mother is wrong.

The do not call list applies to telemarketers, not collectors.

Answer 2

Yes they did violate the law under the FDCPA as follows:

15 U.S.C. § 1692b. Acquisition of location information

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall--

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

(4) not communicate by post card;

(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to  ommunication from the debt collector.

15 U.S.C. § 1692c. Communication in connection with debt collection

(b) Communication with third parties

Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not

communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

So because of those infractions you can sue them under

§ 1692k. Civil liability

(a) Amount of damages

Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of--

(1) any actual damage sustained by such person as a result of such failure;

(2)(A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000

So find a good attorney in your area and go after them!

LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.

Answer 3

The do not call list is for telemarketers not legitimate debts you owe.

Yes, it is a violation and you could sue but the question is can you prove it?  Did you mom tape the conversation if not it becomes 'he said, she said'.  Your best bet would be to use it as a bargaining chip to get into a hardship program with them and get your balance paid.

Answer 4

Yes.  I worked for a credit card company and thats violating the FCCLA.  Look them up online. You can sue and if you speak to management, they would probalby wipe out your balance.

Answer 5

There is not a lot you can do, as the credit card company will just claim that your mother was impersonating you, and they were acting in good faith.  Easiest solution would be to pay the bill then cut the card up and switch credit card companies.

Answer 6

No.  Creditors can and will do whatever is necessary to get the bill paid.  Even the Do Not Call List does not apply.  Just pay your bills and this will all go away

Answer 7

Yes what they did is both illegal and immoral...obvious creditos aren't moved by either. You could try suing for wrongful damages,,,violation of privacy,,,.,,etc...

They'll likely get a slap on the hand since they can afford more legal representation than you. It's wrong but they always get away with it.

Write a 'cease and dessist' letter so they can olnly contact you in writing...that should help (as long as your parents are not in the habit of opening your mail.)

Answer 8

First, the Do Not Call list is not applicable in cases where you have a previous relationship with the company.  If you listed your parent's home phone on your application for credit, then they have every right to call if you are past due and they are trying to locate you.

Second, if you don't want the credit card company calling around, talking to people, trying to locate you there is one very simple thing you can do:

PAY YOUR BILLS!

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