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GMAC Mortgage called my home and divulged financial information

 

Customer Question

GMAC Mortgage called my home and divulged financial information to someone other than myself. They violated their own policy of requesting proof of id, no DOB or SS number. They discussed how much was owed and late payments etc to this individual! Then when I retrieved the telephone, she implied it was my fault because this person answered affirmatively to my name.

 

Optional Information:
State/Country relating to question: Washington

Already Tried:
Telling the rep off Sent complaint to better business bureau Sent email to GMAC

Submitted: 279 days and 23 hours ago.
Category: Consumer Protection Law
Value: $38
Status: CLOSED
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Expert:  DCrane Law replied 279 days and 23 hours ago.

Thank you for the post, I am happy to assist you by answering your questions. What question can I answer for you regarding this matter?

Customer replied 279 days and 22 hours ago.

My rights respected. This is my home, titled in my name, my mortgage titled in my name and they had no right to tell another person my business. I am a nervous reck, upped my dosage of meds and even contemplating suicide for first time in life.

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Expert:  DCrane Law replied 279 days and 22 hours ago.

Thank you for the additional information, I may have been unclear in my last post. How can I assist you?

Customer replied 279 days and 22 hours ago.

I am sorry, I would like advice as to how to proceed with this violation. Is this a gov agency should be involved in? Do I have to take this to civil court? I know that there is a Red Flag rule; does this fall under that? (I work in healthcare where financial as well as medical records are federally protected) If I am out of line, just say so.


 


Thanks

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Expert:  DCrane Law replied 279 days and 22 hours ago.

Thank you Lorelee, did the person whom answered the phone represent that he/she was the homeowner (i.e. you) when the caller asked to speak with you? If not, would this person confirm the same?

Customer replied 279 days and 22 hours ago.

The person replied "speaking" to her question "am I speaking to unintelligible Ingrashia?" She did not request my dob or ss from him as he didnt even know. She just began telling this individual about my late payment and how much I owed etc. He repeated to me all the details as she spoke to him on the phone. I grabbed the phone and asked what the hell she was doing.


 


The third party will absolutely confirm this conversation.

Accepted Answer

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Expert:  DCrane Law replied 279 days and 22 hours ago.

Thank you, XXXXX XXXXX is not legally requried that the caller requst confirmation of the social security number or date of birth. There is a presumption that if the caller phones the home phone and the recipient confirms that the caller has reached the person named that the person receiving the call is the homeowner named. Further, the status of your mortgage account is not necessary private information, in the event of a default and subsequent foreclosure, this information is considered public information and can be accessed via the county land records office. While you do not have grounds to file a lawsuit, you can complain about the lender's calling practices by submitting a complaint to the FTC. For your reference, here is a link to the complaint page: https://econsumer.ftccomplaintassistant.gov/

Please let me know if you need additional guidance.

Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 93.2 %
Accepts: 1571
Answered: 6/29/2012

Experience: Successful consumer advocate.

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Customer replied 279 days and 22 hours ago.

I appreciate your candor. However they violated their own contract with me, to speak only to me. If the rep had missdialed a number, would that still give her the right to disclose my info? I am not talking about government agency receiving information, nor civil authorities, I fully understand that. I just cannot believe I can do nothing but complain.

 
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