Cresent Bank & Trust, New Orleans, LA It IS illegal for any collection agency to give out your personal information to any third party with the exception of your spouse. They may not contact you at your employer either if you send them a written notice prohibiting them from doing so. I would suggest sending it by certified mail as you will have proof that they got it. YOU can sue them if they do it anyway. C cons. protection agency. New Orleans Louisiana
Please look up the Consumer Protection Agency's rules as to collection. Many of you have cases which can be bought vs. Crescent Bank for violation of fair collection acts. LOOK IT UP!! GOOD LUCK!!!
Kelcala
Marrero, Louisiana
U.S.A.
3 Updates & Rebuttals
Robert
Buffalo,New York,
U.S.A.
Clarifications.
#4Consumer Comment
Fri, April 17, 2009
Laurie ""They cannot discuss debt with a spouse - you indicated they could""
The FDCPA specifically states that they CAN, if the SPOUSE RESIDES with you.
Ashley: What Fair Credit Collection Act are you reading? What you stated is NOT in the federal Fair Debt Collections Practices Act. Kindly post the cite of law for your statements so that I can add it to my library.
Ashley
Springfield,Missouri,
U.S.A.
Fair Debt Collection Act
#4Consumer Suggestion
Fri, April 17, 2009
What you said above is true, except from the original creditor.
Your statements apply to a bill collector, but an original creditor with an active account can continue to contact you. They can contact you once per day to discuss the issue. Now they can call as many time as they want, ignoring the call does not count as contact once per day.
Make sure and read up on the difference between an original creditor and debt collector contacting you.
Here are some exceptions to LA law for original creditors:
-Original creditor cannot contact any person not residing or present in the debtor's home (except credit bureaus and other creditors), unless the original creditor a) is determining the debtor's current location if creditor has reason to believe he or she moved or changed jobs; or b) is seeking property owned by the debtor for seizure to satisfy the debt; or c) the debtor consented.
-Original creditor can only mail one notice per month after a debtor has told the creditor to cease communication. Said monthly notice may not be devised to threaten action.
-In addition to aforementioned monthly notice, the original creditor may make up to 4 personal contacts with the debtor in order to settle the debt.
-In the event that the original creditor sues and wins a judgment, the cease communication decree is voided.
As you can see, you can prohibit contact but the original creditor can still contact you in a more limited fashion.
Laurie
Haslet,Texas,
U.S.A.
Question?
#4Consumer Comment
Fri, April 17, 2009
Are you refering to the original creditor or a collection agency? You only name the original creditor and not a collection agency.
The Fair Debt Collection Practices Act - does not apply to the original creditor - from your post I believe to be Crescent Bank...
It only applies to 3rd party Collection Agencies -
So if the collections dept of the Crescent Bank is making the calls, they can do it.
If Crescent Bank sold or transfered the account to a 3rd party Collection Agency then your posting is correct - except for 1 item - They cannot discuss debt with a spouse - you indicated they could.