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Printer friendly versionFrequently Asked Questions
Q. Why is Mark Silverthorn helping consumers after working for collection agencies for 12 years?
Q. Does Mark Silverthorn have any creditors or collection agencies as clients?
Q. How can Mark Silverthorn help stop collection calls?
Q. To whom may a debt collector disclose the existence of a consumer’s account?
Q. When is a debt collector permitted to speak to someone other than my spouse or me?
Q. When can a debt collector leave a phone message requesting a return call?
Q. What can I do if I want to fight back and make things unpleasant for a debt collector?
Q. What is the distinction between secured and unsecured debt?
Q. For which type of debt can Mark Silverthorn provide the most assistance?
Q. What is a judgment and what is its importance?
Q. Why might my financial situation not be as bad as it appears?
Q.To whom may a debt collector disclose the existence of a consumer’s account?
A.As a general rule, under the federal Fair Debt Collection Practices Act (FDCPA), a debt collector is only permitted to disclose the existence of a debt to a consumer and the consumer’s spouse.
A debt collector is also permitted to discuss a consumer’s account with the following:
- the debt collector’s client
- the consumer’s attorney
- the attorney for the creditor or the debt collector
- a credit reporting agency
If a debt collector discloses the existence of a debt to anyone else, he is said to have made a third party disclosure, which is a violation of the FDCPA. Third party disclosures often take place when the debt collector communicates with a consumer using e-mail, fax or voicemail, particularly if these contacts are made at the consumer’s workplace.
The FDCPA permits a debt collector to communicate with anyone once for the limited purpose of skip tracing, that is, obtaining the consumer's contact information, and information about his assets, bank accounts, and employment. Therefore, subject to certain restrictions, a debt collector is permitted to telephone a consumer’s employer, co-workers, neighbors, friends, and family members for the limited purpose of obtaining contact information. However, when an employee of a debt collector is engaged in skip tracing, he is not permitted to disclose the existence of a debt.