rules about collection agencies

[mousefai]

hi people,

recently, my parent received docs from banks/collection agencies saying that i owe credit card debt to them. however, i told them i am not living with my parent anymore (living oversea now, they should know coz my credit card also registrered to an oversea address). did the banks/collection agencies violated some kind of laws (fcra) because i knew they were not allowed to tell other people about my debt beside my lawyer and I. ( my family didnt cosign the card for me).

if they did, can any of you guys tell me which rules the violated? so i can showed them with details which rules they violated. 

(btw, the debt was not mine. they were unauthorized charges of a credit card i previously owned. I tried to dispute them but the bank said im liable for it. I didnt pay for a period of time and they transfer the debt to an collection agency)

[PhoenixDown]

I assume the letters were in your name which means legally your parents aren't allowed to open your mail (although I get why they did). So no, I dont think you have much in the way of a complaint here. Good luck in getting these non-legit charges off.

[Anonymous]

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@mousefai wrote:

hi people,

recently, my parent received docs from banks/collection agencies saying that i owe credit card debt to them. however, i told them i am not living with my parent anymore (living oversea now, they should know coz my credit card also registrered to an oversea address). did the banks/collection agencies violated some kind of laws (fcra) because i knew they were not allowed to tell other people about my debt beside my lawyer and I. ( my family didnt cosign the card for me).

if they did, can any of you guys tell me which rules the violated? so i can showed them with details which rules they violated. 

(btw, the debt was not mine. they were unauthorized charges of a credit card i previously owned. I tried to dispute them but the bank said im liable for it. I didnt pay for a period of time and they transfer the debt to an collection agency)

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Was the mail in your name or your parents.  It will make a big difference. 

The FDCPA covers who a collection agency can talk to but not a creditor.

Crediors don't fall under the same rules and it could depend on your state laws.

[RobertEG]

The relevant statute is FDCPA 805(b) with regard to debt collector communication with any third party.

They may not communicate with any party other than the consumer other than to attempt to obtain location information about the consumer.

If they are calling a third party to attempt to obtain location information, they may not disclose to that party that the conssumer is alleged to owe any debt.

Under FDCPA 805(d), the spouse of a consumer is also considered the "consumer", so the prohibition does not apply to a spouse.

It does apply to parents.

They may only inquire with third parties as to location information, such as present address, phone number, or place of employment.

If mail was addressed to you, that is not communication with a third party.

[mousefai]

but they should have known that I am no longer living with my parent (previous address). When the card was still valid, i have change the address to an oversea address as well. 

there is no reason for them to send mails to my parent address in any mean. 

[09Lexie]

OP,

Please refrain from making duplicate, triple posts regarding the same issue .

thank you, 

Lexie, myFICO Moderator

http://ficoforums.myfico.com/t5/General-Credit-Topics/about-judgement-on-credit-card-debt/td-p/26546...