Hipaa violation in collections

[Anonymous]

Is it a Hipaa violation for a new spouse to come in to a collection company and get the balance of an owed account without having prior permission from the spouse givin to that collection CO?

[RobertEG]

FDCPA 805(d) explicitly includes the spouse of a consumer as being included as the "consumer" for purposes of any communication with the consumer.

HIPAA provides a specfic permissible disclosure of certain information to debt collectors, provided no specific information is disclosed as to the typer of medical service or procedures provided.  The balance owed is clearly a permissible disclosure to a debt collector.

[Anonymous]

Even for a pre marital debt?

[RobertEG]

Yes.

The statute defines communication with a spouse as being the same as communication directly with the consumer who owes the debt.

It is based on whether the party was a spouse at time of the communication, and not at a time prior to the communication at issue.

[Anonymous]

Is there a place I can find that that states that specifically because it seems pretty vague to me

[RobertEG]

FDCPA § 805.  Communication in connection with debt collection

(a) Communication with the consumer generally
Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer's location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

(b) Communication with third parties
Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

(c) Ceasing communication
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) "Consumer" defined
For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

[Anonymous]

Thank you very much for your help . this is also what I have read, and still come to the same conclusion, it doesn't go into detail so I am going with your answer that we can discuss with the spouse regardless if they just got married.