If you have an attorney, the debt collector must contact the attorney unless the attorney cannot be contacted readily. If you do not have an attorney, a collector may contact other people but only to find out where you live, what your phone number is and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money. That’s why your family members may get a message that tells them to ask you to call Mr. X regarding an “important personal matter.”
Can a Debt Collector Contact Other People About Your Debt?
Written October 2, 2007 by Jay Fleischman, New York Consumer LawyerAdverse Action Notices Are Required From Third Parties Under the Fair Credit Reporting Act
Written October 2, 2007 by Jay Fleischman, New York Consumer LawyerThe recent case of Whitfield v Radian Guaranty, No. 05-5017 (3d Cir. Aug. 30, 2007) dealt with the Fair Credit Reporting Act’s requirement that consumers be provided with an “adverse action” letter whenever they are denied for credit. The Whitfield case, however, brought a twist to the issue.
The Whitfields financed a home purchase through Countrywide Home Mortgage and were required to obtain mortgage insurance. This insurance was to be provided by Radian, with the premiums to be paid by Countrywide to Radian out of proceeds Countrywide would receive from the Whitfields.
