I couldn't believe my eyes today ! I checked the profile of a new follower on Twitter, and the guy works for a collections agency and is Twittering peoples account information.\He's using real names and businesses and in some instances posting up the amount of the debt, and discouraging people from doing business with them. I am almost positive that this is illegal. Debt collection is not public record, and I am sure there are laws against harassment that protect people from having their information put on the web like that. Can't this company be sued back into the stone age ? Here is the Twitter profile: David Bain (creditrisks) on Twitter What do you guys think, is this right ?
It doesn't smell right, but I am not sure all State laws are the same on this or even where this guy is Twittering from.
Some people will say no, while those with debts owed to them might say yes. Beats me who's right unless a judge in a court of competent jurisdiction says so. Some things to look at: http://en.wikipedia.org/wiki/Privacy_laws_of_the_United_States http://www.informationshield.com/usprivacylaws.html I guess the guy's posting details given to them by their clients, and they have no obligations whatsoever to those other parties unless any law applies. What that law is, I'll leave for any resident lawyer around here to answer.
Well Someone else pointed this out to me about things that credit agencies cannot do: Source: http://smallbusiness.findlaw.com/business-operations/debt-collection-credit/debt-collection-actions-avoid.html So I am pretty positive that this guy has crossed the line. The next question is, does any one care ?
This page has links for information about how to contact the FTC online, BBB, Attorney General's for the different states, and ACA (a collections trade association). While states have their own laws, I am preety sure that behaviour violates the Fair Debt Collection Practices Act which is federal.
It's a total violation of the Fair Debt Collection Practices Act. That agency is going to be in deep you-know-what if anyone reports them.
That's essentially the question here. From the findlaw link the OP posted, has anyone determined if the person in that Twitter link indeed violated the FDCPA other than posting details online? If anyone's going to sue, it's probably the ones mentioned in that Twitter link. Unfortunately it's up to the judge to decide.
I can tell you for a fact that they have. You don't need to sue anyone, just launch a regulatory complaint with the FTC.
Yes it would be illegal for a collection company to release private info..fair credit act... you can win an easy case..contact an attorney immediately...but do not think you will get a million $$ either, the law has a limits on what you can get...surely enough to buy a decent new car, but not much more then that...most of the time the collection company settles before court anyway...so instead of getting a decent car, you may end up with a bike with two flat tires... the law does protect them even though they know they conduct illegal activities in order to get you to pay, and they know it too... contact an attorney asap..you may end up with $1-2k out of the deal before it ends. you can sue anyone that uses your picture online without your concent...what do you think you can do to them for publicly posting your financial information...I see easy money here. The question is, did he post your info? if not, then you have no case...the only people that would have a case against him is on the info he post on the actual people...I am still sure you could report him in other ways, but unless he posted your info, then you would have no financial gain...only thoses he posted about...
I decided to send them a nice email, wondering if I will even get a reply. Maybe I should file a report with the FTC for those who might be unaware of the illegal practices being used against them.
No, it wasn't my info. I just got really mad seeing what he was doing to other people. I've been raising a stink all over the web about it. I wouldn't be surprised if he started harassing me now Probably not. They won't reply, they have already determined that they are above the law. If they do reply it will probably be with arrogance.
As a person who knows credit and the FDCRA this is a total violation of your rights. And the collector would be paying me a ton of money if it were mine. FCRA violations start at 1,000 per violation and that is not counting damages. Someone had better wake up and end this before they go to far. Remember folks, most debt collectors believe they are above the law! I have help people take down some of the worst collectors out there and this one just wrote a check to certain people for being stupid.
I'm not sure about that SMD. The twitter page appears to relate to commercial debts. Those aren't covered by the same protections as I understand it as personal debts.
That's great. Let's just post up the 3 million home owners in the U.S. that are losing their homes because of unscrupulous mortgage rates, and unemployment due to this struggling economy. Including your friends and family. Let's also throw in people who were duped by people like Bernie Madeoff, or their company's raping of their 401k and lost everything. Add in the employees of companies like Enron, Shearson Leaman, Countywide and many others that raped and pillaged the system, making out like bandits, yet leaving lifelong employees with nothing. While were are at it, let's throw in the senior citizens who can't afford their medical and are going bankrupt, and everyone who is behind on their student loan payments because they can't find a job in their industry. Let us not forget the widows of veterans who lost the family's sole bread winner fighting for their country, and injured and maimed veterans who now cannot work their old jobs and keep the bills paid. Just because an account was referred to a collections agency, doesn't mean people are deadbeats, and the law say's they have a right not to have their names paraded in public while they are struggling to pay the bills.
They can't do that. They are in violation of the fair debt collection practices act. They should be reported for doing this.