Legal Question in Credit and Debt Law in Florida

Question regarding [possible] "TMI" shared with a reference listed on car loan...

A few months ago, my wife & I hit a rough patch financially & she temporarily got behind on her car payment(s). She was delinquent by a month & a half when she got a phone call from her father saying that the loan company had just called him asking if he knew how they could reach her & then they proceeded to tell him that she was 44days late with her payment, etc. He is listed on the loan docs as a reference but the loan itself is in her name only (he did not co-sign nor was he contacted prior to the loan being approved--[if this matters]).

Qstn: Is this a violation of the Fair Debt Collection Practices Act (i.e. is it illegal for them to share such details with him)?

Bonus qstn: If this is, in fact, a violation & money can be awarded for damages, etc, can you please give me a general/ballpark/range idea as to the avg $$ amt awarded following a successful suit? (I'm sure this this varies greatly depending on specifics, I just wanted to see if I could get a rough est/avg, if possible.) Many thanks!!


Asked on 5/06/12, 5:35 pm

2 Answers from Attorneys
Alan Smith Tallahassee Legal Counsel

No, assuming that it is in fact the original loan company calling and not a debt collection company hired by them. Original creditors are not liable under the FDCPA.

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Answered on 5/06/12, 6:25 pm
Lucreita Becude Lucreita D. Becude, P.A.

NO. sorry you are having financial difficulty. Before it gets out of hand, I suggest you offer to make a payment arrangment with the loan company - the collection agency will only add their costs in.

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Answered on 5/07/12, 9:56 am


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