Creditors vs. collections agencies

To clarify our response to Tracey Walsh's question (April 28) about whether creditors can hound a consumer's neighbors for information:

Creditors -- that is, the original company with which a consumer has a debt -- aren't bound by the federal Fair Debt Collection Practices Act; on the other hand, debt collectors -- third parties who purchase the debt from the original creditors -- do fall under the FDCPA.

We said it was illegal for debt collectors to discuss a consumer's debt with neighbors, co-workers or relatives without the consumer's consent or permission from a court. This is true; however, debt collectors can call neighbors or other third parties to seek location information, such as the consumer's home address, phone number or place of employment. In doing so, though, collectors can't disclose that they're seeking to recuperate a debt from this person and can't call the same third party more than once for location information unless they got incorrect information or were asked by the third party to call back.

Note that a consumer's spouse isn't considered a third party and may be informed of a debt even if he or she isn't a party to it.

 

Join the discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from personal comments and remarks that are off point. In order to post comments, you must be a registered user of MiamiHerald.com. Your username will show along with the comments you post. Not a registered user? It's Free! Register here. Thank you for taking the time to offer your thoughts.

Quick Job Search

Enter Keyword(s):
Enter City:
Select a State:
Select a Category:
Search by Category
Advanced Job Search

NATIONAL NEWS VIDEO