The 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.

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Under the Fair Debt Collection Practices Act a collector may contact you in person, by mail, telephone, telegram or fax. A debt collector may not contact you at inconvenient times or places (usually before 8 a.m. or after 9 p.m.) unless you agree. A debt collector also may not contact you at work if the collector knows that you are not allowed to receive such calls at work.