No, this is all information that he had to put on the application in order to get the loan. The people that these letters were sent to were only listed as references, and they aren't even all personal references there are also business references. It concerns me most that not only did they include his social security number, bank account number and a photocopy of the check he gave them, but they also highlighted this information on the letters sent to the references. The envelope was addressed " Scott Hoppel /CO Rob Cardwell. Anyone that was sent this letter now has the ability to steal his identity or fraudulently use our bank account.
Thank you for your follow-up.Here is the issue--that information is generally protected BUT it is not protected if that information was placed on your application with this person listed as the co-signer or reference to the debt. The reason is because typically a co-signer is jointly and separately liable for the debt, which means that this person can be sued for the balance the same way that your husband can be sued. They, therefore, are likewise entitled to this information because if they are sued for the loan, the co-signers can turn around and sue the initial party to recoup their losses.If this person was just a reference (not a co-signer), then your information is NOT supposed to be sent to them because a reference is not a party to the suit. That is a violation under the FDCPA (Fair Debt Collection Practices Act) and permits you to seek counsel and counter sue them for breaching their fiduciary duty to keep your information private AND for attempting to collect the debt in an unauthorized manner, specifically by bullying you via other parties. That, by itself, can very likely permit you to file against them and seek compensation via the courts.Good luck.
Thank you very much for that information, it is very helpful. I just have one more question. As far as I know these people were listed ONLY as references. They were not asked if they wanted to be references and would have never even known they were used as our references if we had paid the debt. Is it possible for them to have been co-signers without us or them knowing that's what they were? The check into cash place has also called our references several times including my job, but has never mentioned to any of them that they would be held responsible for our debt.
Thank you for your follow-up. You are most welcome, glad that I was able to provide you with positive information.If they were listed ONLY as references, then they are not entitled to your husband's information, and it is really as simple as that. They could not have been co-signers--that is a formal step where they agree to cover the debt, something a reference generally does not do. Therefore they aren't liable for the debt and aren't entitled to the information.Hope that helps!
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