You are here:

Collections Law/third party disclosure

Advertisement

Expert: Regan Shinski - 9/25/2009


Question
I had called my finance company requesting a deferral/extension on a payment.  The rep said she would have to put my request into underwriting for review and they would call me back.  They did call me back, but got my voice mail on my cell phone.  The woman identified herself and where she was calling from, then left further information stating they had deferred my payment, then disclosed my next payment amount and due date.  I work in collections, and we are not allowed to leave this type of info on ANY voice mail.  Is what she did legal, or no?

Answer
Hi Beth:

I don't think you have much of a case.  Since you work in collections, the reason you cannot leave that type of message is because you are bound by the Fair Debt Collection Practices Act (FDCPA).  In this case, they are not bound by that statute as they are the original creditor.  Additionally, they are replying to information YOU requested.  It wasn't unsolicited or a collection call.  You would have to prove they intentionally and maliciously left defaming information to a third-party.  I don't think that is even close to the case here.  The fact that it is your cell phone actually hurts as well.

The only other POSSIBLE violation would be if this was a medical related account.  HIPPA laws do have very specific laws regarding this issue.

Sorry to give you bad news, but good luck going forward.

Regan

Collections Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

Regan Shinski

Expertise

I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience

Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

©2012 About.com, a part of The New York Times Company. All rights reserved.