Legal Question in Credit and Debt Law in New York

Debt Collection Practices - Privacy
Can a collection agent reveil information, such as, amount of debt or payments made to a relative of the debtor other than spouce?

If not, then what actions can the debtor take to remedy this activity?

Can the debtor take legal action, and or claim damages or take punitive action against collection agent or agency?

Thank You

Asked on 5/21/03, 4:54 pm

2 Answers from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

0 users found helpful

0 attorneys agreed

Re: Debt Collection Practices - Privacy

You can sue an agency for violations of the federal and state fair debt collection practices act for divulging sensitive information to ANYONE other than you. If you suffer embarrassment or lose your job or anything else that can be measured in DOLLARS you can win damages. You need to consult an attorney who SPECIALIZES in bringing FEDERAL ACTIONS against collection agencies who violate the law.

Answered on 5/21/03, 5:25 pm

Mark as helpful

Debra Palazzo Law Offices of Debra Palazzo, LLC

0 users found helpful

0 attorneys agreed

Re: Debt Collection Practices - Privacy

Just completed an action under the Federal Debt Protection Act (FDCPA)in Federal Court and won $3,000 plus attys fees and costs. However, if it is the ORIGINAL creditor that is trying to collect what you owe them, they do not fall under the FDCPA. Must be a 3rd party debt collector. You should write to the debt collector and tell him NOT to contact you again. By law, he can only then contact you to inform you about a pending lawsuit.

E-mail me if you would like more info on the Act.

Debra Palazzo [email protected]

Answered on 5/21/03, 7:25 pm

Mark as helpful