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How can a debt collector communicate with a third party under the Fair Debt Collection Practices Act?
As usual, we start with the text of the statute.
15 USC §1692c(b) Communication with third parties
Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
How is this important to you?
This one is actually very simple. A Debt Collector may not communicate with any third party about your debt, except for the purposes of location information.
A Debt Collector is not permitted to contact your family or friends or neighbors to discuss your debts. That would violate at least two provisions of the Fair Debt Collection Practices Act.
A Debt Collector is not permitted to contact your family, friends or neighbors, once they know where you are. Contacts like that violate the Fair Debt Collection Practices Act.
A Debt Collector is not permitted to “verify employment” with your employer. This also may violate more than one provision of the Fair Debt Collection Practices Act.
As you can see, this is a remarkably simple provision that provides a fair amount of protections.
In times past, contact like this might have been the tort of invasion of privacy, but Virginia has done away with this tort for most purposes. At least in Virginia, you have no right to privacy, only a right not to have your likeness used for commercial purposes without your consent.
If you have been impacted by anything we mentioned here, you can make an appointment to see us.
NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!
OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.673.4358
You can fax us: 804.673.4350
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
1650 Willow Lawn Drive
Richmond, VA 23230