Legal Question in Credit and Debt Law in North Carolina

Defamation of character

My car loan people called my next door neighbors house which we did not use as an reference and left a message stating that we were under investigation for illegal activity. I was wondering if they were allowed to give out false information like that which caused my family embarrasement and also had us worried.


Asked on 5/27/09, 1:51 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Re: Defamation of character

This is probably a violation of the Fair Debt Collection Practices Act (FDCPA) if they fall under the definition of a debt collector.

If it is an actual officer or employee of the creditor (or if they fall under other exceptions), they may be exempt from the act.

Of course, there might be other causes of action even if it they are exempt from the FDCPA.

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Answered on 5/27/09, 7:56 pm


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