Violation of FDCA ??
Date: Fri, 12/31/2010 - 05:34
:confused:I got a call from a Collection Agency, and they asked if my name was XXXXX XXXXXX and if my address was XXX XXXXXXXXX XXXX...I said yes to both, as it was my name and my address. They then said I owed $ xxx.xx based on a checking overdraft and they told me the bank. I told them that I never had an account at that bank. It was not until this point in the call did they bother to confirm the Social Security #.....it was not my number, but my son's number.
Based on the fact they disclosed confidential information to me about my son's debt without doing a verification of the Social, I believe a Federal Debt Collection violation occured. I now know about a debt of my son's that I should not know. He has not lived with us for over 10 years. We have the same first and last names...they did not bother to ask for the middle initial, which would not have mattered, as that is also the same, but he is not a Junior.
Should I or my son pursue this against this business ?????
Based on the fact they disclosed confidential information to me about my son's debt without doing a verification of the Social, I believe a Federal Debt Collection violation occured. I now know about a debt of my son's that I should not know. He has not lived with us for over 10 years. We have the same first and last names...they did not bother to ask for the middle initial, which would not have mattered, as that is also the same, but he is not a Junior.
Should I or my son pursue this against this business ?????
Minor violation and would never see the inside of a courtroom.
Minor violation and would never see the inside of a courtroom. They would claim bonafide error on their part.
They mistook you as your son because of the same name. They have
They mistook you as your son because of the same name. They have violated the FDCPA law unknowingly. I agree with NASCAR. There is no point in suing them for this minor violation.
If your son did not use his "JR" designation, there is no violat
If your son did not use his "JR" designation, there is no violation....he did not give his full name. Saw this alot when I was collecting. Someone tried suing on it, and it was thrown out because the debtor did not check off or list this on his loan docs.
Check YOUR credit report....it is possible that his negative credit may have merged with yours. This is common too.
