Legal Question in Consumer Law in New Jersey

company makes unauthorized withdraws from my account and causes over-limit probl

rent-a-center has made several unauthorized withdraws from my checking account and caused me to bounce checks. On several occasions they have taken twice the authorized amount and caused problems.Furthermore, when we have been late with a payment they will call our family and friends to tell them that we are late with a payment and request that they make us aware of our latness. Is this legal?

Asked on 4/19/05, 7:14 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC
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Re: company makes unauthorized withdraws from my account and causes over-limit p

First, make your bank aware of the unauthorized withdrawals and direct the bank to decline further requests.

Second, the practice of informing anyone else but you of an alleged debt is a violation of the Fair Debt Collection Practices Act. That provision only applies to those who are in the business of debt collection, but there are remedies available against the creditor itself if it continues to harass you after being told that you do not wish to be contacted in a specific manner. There are also potential remedies for defamation.

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4/21/05, 9:34 pm

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