Legal Question in Credit and Debt Law in Georgia
I borrowed money from a title pawn company. I fell behind one month in payments but I was in constant contact with them. They went to my facebook page and texted everybody on there that listed a phone number that to have me call them and what company they were with. Is this legal?
1 Answer from Attorneys
I have looked at the Georgia law and there does not seem to be anything at all that prohibits an original creditor from doing something like this. The federal fair debt collection practices act only applies to debt collectors, not original creditors.
I did a quick internet search - there was a move afoot a few years ago to get the Georgia laws amended. I don't know whether this happened - I doubt it. However, you might want to contact your state representative and raise the issue again. If enough people make enough noise, the legislature might eventually do something. Unfortunately, the people in the business have lobbyists and the reps. do what the lobbyists want, regardless of the effects on the consumer.
A few lessons are to be learned from your unfortunate experience.
(1) Don't mess around with Facebook, especially if you are in one of these horrid loans.
(2) Don't get a car title loan. I know it seemed like a way out of your dilemma, but its not. As you learned the hard way, if you are late on a payment, it can have unintended consequences. More frequent is the car title loan place seizing your car. That is taking a bad situation and really making it worse. There are other options out there ranging from debt consolidation, to debt settlement to bankruptcy. Choose another way out.