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BartEsq
BartEsq, Researcher
Category: Business Law
Satisfied Customers: 1506
Experience:  Juris Doctor
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Is it ok for a debtor to ask about your account in the ears

Resolved Question:

Is it ok for a debtor to ask about you'r account in the ears of other people. Privacy issue. I do not believe that is even close to legal in ME. I just got the funds to pay the bill, but the embarrasment in front of customers is unbelievable! I have a boy with medical issues that wiped our funds.
Submitted: 4 years ago.
Category: Business Law
Expert:  BartEsq replied 4 years ago.

bart0358 :

Hello, Im researching your anser now.

bart0358 :

Can you tell me a little more about the situation? Was it on the phone? In the store?

Customer:

It was a message left on my answering machine. I was busy with a customer and didn't answer the phone since I didn't recognize the number. They said how much I owed and to who. Of course the customer heard everything since we were a foot from the machine. I went in the local store today to pay them the balance, and they wouldn't take it and said I have to get ahold of the head office.

bart0358 :

The Fair Debt Collection Practices Act offers a number of protections to consumers from improper acts of debt collectors. Two of the most important FDCPA prohibitions include:



  • a requirement that a debt collector identify himself and disclose to the debtor that the purpose of the communication is to collect a debt; and

  • a prohibition against communicating about the debt with third parties

bart0358 :

There is no clear answer for you right now. The answering machine issue is being litigated in court as we chat.

bart0358 :

Different courts have had different rulings.

bart0358 :

This link will provide you with a current break down of the cases in federal court.

bart0358 :

Regardles, I think you still have an issue that should be addressed. If I were you, I would file a complaint.

bart0358 :

Here is a link to the FTC where you can file a formal complaint against the collection agency. Save the answering machine mesage if you can, it will help alot.

Customer:

Thank you and I will complain to someone for sure.

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