Legal Question in Credit and Debt Law in Texas

collection firm violations

2 questions.

1) Can a collection firm give out information to a spouse that has nothing to do with the credit card? I get calls all the time from them concerning my wife and they tell me it is legal to do this. I have seen on other sites they can only communicate info to person on the card or other authorized users. They have even called my Mother in another state.

2) I have some credit problems also and in speaking with collection agencies they I believe are asking unnecessary questions,intimidating me and harassing me. When I make a complaint to the management of these firms they show no record of it.I believe I can record the conversations in Texas. They record mine so why cant I record them. Anyway everyone of them tells me I cant record. I believe they are lying to me which I believe is another violation of collection law. I know it must be between 2 parties, the complete conversation, and I must know how to operate the machine. Who is right here?

Thank you


Asked on 7/02/03, 11:38 am

1 Answer from Attorneys

Re: collection firm violations

They may be in violation of the Fair Debt Collection Act. Take a look at www.oag.state.tx.us/AG_Publications/txts/debt.shtml

If you want to record a conversation, ask them. If they say no then tell them to limit all communication to letters. If they say yes, turn on the recorder tell them you will be recording the conversation. Have them state their name, state yours, and the date. Document all the calls (time, comments made, etc)If they are harassing and intimidating you they may be violating the law. You can instruct to limit contact to written communication only.

To ensure your complaints are documents and they have notice of your complaints...write a letter to the manager and send it certified mail, return receipt requested.

See the above website for help and consult a local attorney for more detailed info.

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Answered on 7/02/03, 12:33 pm


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