Legal Question in Consumer Law in Michigan

Disclosing personal information

The company that my car loan is through called a reference that I listed and divulged personal information such as; How late the loan is, What the loan was for, and that if I didn't contact them they were going to contact their fraud department. I have dealt with them for 4 years and I have been late, but never had a problem. I am very late right now, but they have no written consent to talk to anyone but myself. I know that Michigan Law states that they can divulge information to a parent, but only if the debtor is a minor. And I am not a minor. What legal recourse do I have?


Asked on 6/11/07, 12:59 pm

1 Answer from Attorneys

Renee Walsh LawRefs Nonprofit

Re: Disclosing personal information

The debt collected violated the Federal Fair Debt Collection Practices Act 15 USC 1682(c). They were not allowed to give out the information and make the statements they did. They must have had your prior consent. "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."

They can speak to other parties for purposes of locating you, but again cannot not state that you owe any debt;

or that they are a debt collector. 15 USC 1692b.

According to section k of the act , you can sue for actual damages such as lost wages, loss of obtaining unlisted phone numbers and any other out of pocket expenses; as well as non-monetary damages such as physical injury (heart attacks, headaches, ulcers, nausea, insomnia) and emotion damages for anxiety, humiliation, etc. Futhermore, you can sue for statutory damages not exceeding $1K.

If you want an attorney to represent you, contact me and I would be happy to consult with you for free. [email protected].

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Answered on 6/16/07, 4:46 am


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