Expert: Regan Shinski - 1/10/2010

Question
Collector contacted by ex-husband and revealed that they were a collections agency trying to collect a debt and attempting to locate me. I had no idea what it was until I received a letter from them over 3 months later about a phone bill I had overlooked because it was the about the same amount as my cell phone bills. Isn't it a violation to contact a third party and disclose that information, especially prior to contacting the debtor? Original creditor had current home address and cell phone number.  

Answer
Hi Rita:

It depends on how the call went down.  Section 804 of the Fair Debt Collection Practices Act (FDCPA) says the folling regarding this: - Focus on #1 & #2:


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 the communication from the debt collector.


So if Ex asked, they can state their name.  They can't say you owe a debt.  They are allowed to call him - at least once.

What to do from here is more difficult.  You would have to PROVE they violated.  This is usually done by producing a recorded call, maybe eyewitness testimony can work in some cases.  

You can always portray a stronger position and make them think they violated to get them to settle or forgive the debt.  It's a bluffing and negotiating game.

I hope this helps.  Good luck.

Regan