Full question:
If I had an american express account turned over to a law firm that in sending the notice to me had the amount of the debt in the address window for everyone to see. The postman had to peel back the window to find out who it should go to. Is this legal for them to display the amount----?
- Category: Privacy
- Date:
- State: Minnesota
Answer:
The Fair Debt Collection Practices Act, (FDCPA) is codified at 15 U.S.C. 1692 et seq. It has a number of items that a collection agency may not do. These include, among others, placing anything on the outside of the envelope that identifies it as an attempt to collect a debt, that gives the amount of the debt, and if the words collections or debt collections appears in their name, only the street address can appear on the return address. Shaming is prohibited. These provisions of the FDCPA are designed to prohibit debt collectors from "shaming" a customer into payment, by publicizing the debt.
If there were only a few words visible, then it may be considered a harmless error. We suggest you contact a local attorney who can review all the facts and documents involved. For further discussion, please see:
www.ftc.gov/os/statutes/fdcpa/commentary.shtm
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
