QUESTION
Can a company discuss my late account with a person outside the company, specifically my daughter's teacher?
Asked on Apr 16th, 2013 on Bankruptcy - Michigan
More details to this question:
Can a company discuss my late account with someone outside the company, specifically my daughter's band teacher, and have the teacher threaten my daughter (12yrs) with repossession of her band instrument, before the company even speaks with me?
4 ANSWERS
Family Attorney serving Henderson, NV
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Harris, Yug & Ohlinger
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Well, the question is if they are forbidden. If they're not a third party collector, than they're not subject to the FDCPA, which is the provision that forbids discussing debts with third parties. So that said, if the bad instrument is subject to repossession, which I'm don't know if it is or isn't - that depends solely on your contracts - then yes, at least they warned you. Now, if you are talking about a third party collection agency then game on for several reasons, but you'd likely need an attorney who knows the FDCPA to handle it for you.
Answered on Apr 17th, 2013 at 7:51 PM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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This sort of communication would be improper if done by a third party debt collector, as it violates the Fair Debt Collection Practices Act. Similar communications from original creditors are much more difficult, as the FDCPA does not apply. I would suggest complaining to any regulatory agencies that regulate the company, or the Consumer Financial Protection Bureau.
Answered on Apr 17th, 2013 at 1:48 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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No. Check the articles at the Federal Trade Commission's web site www.FTC.gov.
Answered on Apr 17th, 2013 at 1:16 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I think that such discussions are somewhat tacky, but I'm not sure that they are illegal. I assume the instrument is either on some form of purchase plan or rented and that you are behind in the payments and therefore the instrument is subject to repossession under the contract. The company is clearly attempting to pressure you into meeting your obligations.
Answered on Apr 17th, 2013 at 1:10 AM