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A Debt collector has emailed me. The email has my loan I d on it and say "This is attempt to collect a debt" did violate this law?

Posted: Wed Oct 24, 2007 12:19 pm Subject:

Mostly all letters from collectors say that.

Posted: Wed Oct 24, 2007 12:27 pm Subject:

An email?????

Per FDCPA, Email CANNOT be used by a 3rd party debt collector as a method to inform or collect a debt. Is this a 3rd party or the original creditor?

Posted: Wed Oct 24, 2007 12:33 pm Subject:

Where does it say in the FDCPA that they cannot email? I've seen where it says they cannot send a postcard, but I don't see anything about email . . . .

Posted: Wed Oct 24, 2007 12:36 pm Subject:

Posted: Wed Oct 24, 2007 12:36 pm Subject:

Let me look it up...I recall that email was not okay to use as a dunning method.

Posted: Wed Oct 24, 2007 12:37 pm Subject:

I don't think it violated the law. That is actually what they are requried to state in any communication.

Posted: Wed Oct 24, 2007 1:01 pm Subject:

Okay...yea, the mini-miranda is fine. AND I cant read....heres what I recall seeing but mis-read. Sad

Although the FDCPA does not specifically use the term "email" in its verbiage. It's safe to assume that collectors using email to contact you is not illegal. However, it is also safe to assume that bill collectors and debt collection agencies must still follow the FDCPA rules for contacting you. Just like phone calls at work, emails at work must stop if the collector is told the employer prohibits such contact. Keep in mind that it's possible for an email to violate FDCPA notification rules if the employer has a published policy that says email is not confidential and can/or will be viewed by authorized employees.

Posted: Wed Oct 24, 2007 1:02 pm Subject:

That's the same thing I posted above! We were both looking at the same site! Very Happy

Posted: Wed Oct 24, 2007 1:10 pm Subject:

LOL!!!

*sigh*...When I skimmed this the other day, I thought it said no to email. My bad!

Posted: Wed Oct 24, 2007 2:02 pm Subject:

A little off subject but it is a violation of the FDCPA for a collector to alter their caller ID to read anything other then their name or a generic term such as "unavailable" or just a phone number. In other words if a collector calls and your caller ID says Prize Clearinghouse or Aunt Polly that is a deceptive practice and a violation. I was going to make a separate post about this tomorrow. It is not an uncommon practice.

Posted: Thu Oct 25, 2007 8:05 am Subject:

I would be tempted to challenge the email provision that it is not illegal according to the FDCPA. The reason? Especially if the email address is a work email, all email sent to you at work is open to be viewed by your employer without your consent! May seem wrong, but if you read the fine print in most company handbooks regarding email usage, or go ask your companies counsel, it is in fact okay for a company to read your email. This is because under intellectual properties laws, any emails sent to you at work on a work account is the property of the company, because they were sent to you using company resources.

So, in a way, if someone in your company can read that email, it is no longer private, and is no different than if they sent a postcard.

Like I said....just my opinion, and the argument I would use to challenge this.

Posted: Thu Oct 25, 2007 8:10 am Subject:

That certainly is food for thought. It is true that your email at work is the property of the company and therfore not private. Disclosing debt information to anyone other than the debtor is a violation of the FDCPA. I tend to agree with Subigirl. Lets see what others think! Good point!

Posted: Thu Oct 25, 2007 8:20 am Subject:

It says in the quote I posted above that:

Posted: Thu Oct 25, 2007 8:42 am Subject:

Which of course, most companies are putting in such provisions in their published policy. They have to in order to cover their own tails! Lawsuits are starting to require that companies turn over email records. I know with my previous company, they had one lawsuit that had our IT and legal departments busy for months digging through backups of our email servers to retrieve emails that had since been deleted by the original recipients. I also have known of folks who were fired based on information from their work email and/or internet usage....which is also tracked and logged by employers these days! In one case, it was found by the employer that the person was using company computer resources to run a personal side business!

You find out all kinds of stuff when you work in legal and/or IT (and I've worked in both)...stuff that would make you think twice about what you do at work. I don't even give out my work phone number! I tell people to call my personal cell phone, and will not take calls during work unless it is from my kids and their school (as this may be an emergency). I usually let it go to phone mail, and then call the person back on my break or during lunch.

Posted: Thu Oct 25, 2007 9:01 am Subject:

I hear ya sub! That's why i also don't get online to much at work besides the point that i'd never get my work done! I really don't want anyone looking into my personal online time!!!
We had a coach at a local Catholic high school here who recieved an email at work and not only did he d/l it but he saved it and it was NOT appropriate so was fired!
Sad

Ang

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Did the debt collector violate the Fdcpa?

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