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Collections Law/3rd party disclosure

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Expert: - 10/7/2010


Question
My sister's husband co-signed a school loan for my husband.  Because the economy is what it is, my husband was unable to keep up with repaying the loan for a period of time.  During this time a notice went out to the co-signer(s) that the debt was in default.  My sister (NOT a co-signer) called the debtor and was given information that I'm not sure she was entitled to.  Does this constitute 3rd party disclosure?  The debt originated in North Carolina.

Answer
It is possible she was.  You will need to know if the account is in 3rd party collections.  Then almost any information would be considered as 3rd party.  With the original creditor, it is harder to prove.  If you feel information has been disclosed, it would be a good idea to contact an FDCPA attorney.  Thank you.

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Ray A Miller

Expertise

I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.

Experience

I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

Organizations
ACA International

Education/Credentials
Some college ACA Certified Collection Specialist

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