Legal Question in Credit and Debt Law in Tennessee

a collection agency sent a collection letter to me at work addressed to me in care of my employer. is this legal


Asked on 8/14/11, 11:16 pm

1 Answer from Attorneys

Howard R. Peppel Peppel, Gomes & MacIntosh, P.C.

The letter that was addressed to you at your place of employment could constitute a violation of the Federal Fair Debt Collection Practices Act which would allow for you to have a claim against the collection agency. One of the prohibitions of the Fair Debt Collection Practices Act is that the outside collector of a consumer debt, such as a collection agency, cannot contact outside third parties, such as an employer, for any purpose other than to obtain information to locate a consumer debtor. A demand letter of any sort sent to you at your place of employment could easily be opened by a supervisor, co-worker, or other person which would be a prohibited contact.

I recommend that you contact a lawyer in your geographical area who handles either collection or consumer protection cases to more fully discuss your defense to the collection claim against you and your possible claim against the collection agency. Because of the possible violation of the FDCPA, you may have a means by which your claim against the collection agency could be an offset to the original claim against you.

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Answered on 8/15/11, 5:45 am


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