Expert: Ray A Miller - 10/14/2008

Question
Nevada
My parents went to a "quick pay" loan type place, and filed for a loan. My mother said that on the loan application there was an area to put three personal references. She used my aunt, my boyfriend, and I as her personal references. Her loan was approved and she has been paying her monthly bill. She has been late a couple of times (only a couple days late..) and both times this company has called all of the people on her reference list, including myself. They will leave a message like, "Hi My name is 'so and so' and I am from 'Speedy Cash' (or whatever this quick loan company's name is), and I need to get a hold of 'My mother and father's first and last name' as soon as possible. Will you please convey to them the message to contact us as soon as possible regarding this matter at 'phone number'". From this message, I am able to infer that my parents had gone to a loan agency, received a loan, and are probably past due on the payment... I should not be told this information right? I was never once called (nor was my boyfriend or aunt) to answer reference type questions about my parents' credibility- I was never once used as a reference.. in fact I didn't even know my parents had filed for a loan until they started leaving me these messages. Isn't that a breech of privacy? They also called my mother's employer.. which I found out she just has to inform them that it is not allowed to receive these calls at her work, and then they can't do it anymore. But with this "reference list" they are not using these names and numbers for references... they are hassling us about my parents' private information-which is extremely embarrassing and humiliating for my parents now that we all know that they needed to go to one of these money lenders- and are past due- and that we are being hassled about it. Plus they told her they wouldn't call any of the numbers on the list anyways. Is there a law about this third party information enclosing? I tried to look at the FTC website, but I can't figure out if this situation applies... being that they are money lenders and not actual debt collectors. Plus, I can't really understand the FTC PDF anyways. Also, I live in a completely different state than they do-Oregon (as does my boyfriend) so they are calling me long distance to tell me, to tell my mother and father, that they need to get in touch "Speedy Cash" as soon as possible.

Answer
Lindsey,

This is going to take a little work but, it will be worth it to get the calls stopped.  First, your parents need to check the contract they signed and see what it says about the personal references being called. Second, YOU need to send a certified letter to them telling them that you are reporting them to the FTC and the FCC and enclose a copy of that letter to these agencies (You can report them by web site as well.) Also copy the Attorneys General as well as the Department of Consumer Affairs in both states.  Tell "speedy" that they are in no way to contact you in the future and list the phone numbers they are calling.  You pay the phone bill and have a right to stop them from calling.

Have your parents to write this up as a complaint and send "speedy" a copy as well as the agencies mentioned above. If this does not help, and it certainly should, your parents need to seek legal remedies and you do as well.  

Let me know if I may be of further assistance.

The web addresses are:

FCC:

http://www.ftc.gov/

FTC:

http://esupport.fcc.gov/complaints.htm