Some erroneous charges were made on behalf of a business after the employee who was the responsible party of the card left their employment. The business closed prior to the credit card being paid in full and I agreed to continue making payments on the card until paid in full. The agreement was $400/month. I have had some financial difficulties this past year and have been unable to make the full $400 payment. Payments have decreased to $200. I have asked the other party not to use my work email however she continues to do so. Furthermore, she had her husband, who works at the same location as I do and who is not listed as a party on the agreement, contact my work email and then forward a document to me through my employers internal mail. Then yesterday I received a copy of a letter from her attorney that was addressed to the previous president and cc'd the Board of Directors for the company that closed telling them of my financial difficulties and the fact the account has not been paid as agreed upon. The attorney also sent a copy of the letter to me at my place of employment.
My question's are:
1. Does the Fair Debt Collection Act apply to individuals trying to collect a debt?
2. Does the individual have the right to have her spouse contact me regarding the past due payment through my employer email and internal mail?
3. Does her attorney have the right to release my financial information to the Board of Directors for a company that has been dissolved?
4. Does her attorney have the right to send correspondents to me through my employer if she has my home address.
1 Answer from Attorneys
The Fair Debt Collections Practices Act applies to most any person collecting on behalf of someone else. It does not apply to creditors collecting themselves.
The answers to your remaining questions seem to require a detailed review of the particular facts involved. You are encouraged to seek legal counsel if you believe there has been a violation of the FDCPA and/or if you have questions regarding the propriety of certain contact or debt collection.
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