When it comes to money advice, Oprah's favorite financial guru tells it like it is, and if you're getting divorced (or even thinking about it) -- you better listen up.Orman stopped by our offices recently to share some much-needed advice for splitting couples.The Fair Debt Collection Practices Act (FDCPA) was passed to protect customers from being shaken down by collection companies. Please note: The FDCPA applies to outside collection agencies, the ones that most credit card companies hire after their own attempts have failed, and not to the collection department within the card company or other lender. As a result of the FDCPA, collectors cannot phone your home so often as to harass you. But an original creditor can gather information from a state motor vehicle department about registration of a car, from your voter registration records, from the post office, or from a utility company or a bank, in order to locate you.
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Can a collection agency obtain information on my whereabouts from government records, such as Social Security records or my tax returns?
They cannot call your friends, your neighbors, or the people you work with and reveal your financial situation.
They cannot call you directly if they know you are being represented by an attorney, and they cannot call you at work if they know your employer prohibits such calls.
My collection agency does everything it is not supposed to do. Yes, you can sue a collection agency, but a better first step might be to use the provisions of the FDCP to warn your collection agency that it is acting in defiance of the law.
What you should do is write a letter telling the collection agency to stay away from you, to leave you alone, and to cease all communications with you.