Legal Question in Credit and Debt Law in South Carolina

privacy issues

I recently paid a finance company by check and my check did not clear. The company called my mother and told her about the check not clearing and she had nothing to do with my account. Did this company violate my hippa rights an what can I do about it?


Asked on 4/16/07, 9:33 am

1 Answer from Attorneys

Sheryl Schelin Law Office of Sheryl Schelin

Re: privacy issues

HIPAA concerns medical information but wouldn't apply in this case. What they did might constitute a violation of the Fair Debt Collection Practices Act, but only if the entity calling wasn't actually the creditor but a bill collector on their behalf. Since it sounds like it was the original creditor, I'm not sure that act would do you much good. However, it's possible to pursue these sorts of cases under state law. SC law isn't really well developed on this point but in other states, some lawyers have had good luck going after creditors under a tort theory - intentional infliction of emotional distress, for instance. You should speak to a lawyer and go over the details of the conversation to see if the elements of that tort have been met here.

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Answered on 4/18/07, 6:42 am


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