A debt collector (Halsted Financial) violated the FDCPA by emailing my father about my debt.
The original creditor had my email and passed it on when they sold my debt to LVNV Funding. I know this because I received plenty of emails from the first collector LVNV hired (Resurgent). Halsted Financial only sent me a physical letter once with a settlement offer that was too high, and then about two weeks later, I was contacted by Resurgent again. (It seems they have some sort of mutual affiliation.)
It doesn’t seem like Halsted can claim they didn’t know they were contacting the wrong person.
I’d like to sue them, especially since I’m really strapped for cash right now and $1,000 would be a big help, but I’d have to file in small claims court myself. (I haven’t been able to find an attorney willing to take the case on contingency for just one violation.)
My family had me listed as an authorized user on one of their credit cards a long time ago, so my name is tied to their address on credit reports because of that. (I’ve tried to get it removed but couldn’t.) I’m guessing they found my father’s email linked to that address somehow.
1: If I sue, do I have enough evidence to win? (My father forwarded me the email they sent.)
2: If I do win, what are the chances I’ll actually get the money? Even with a judgment in my favor, getting them to pay might be easier said than done.
What was the specific violation?
Find the FDCPA section that applies, quote the rules, and then show how Halsted Financial broke those rules.
You don’t have to do this for me, but you should do it for yourself. For example, if the rule says “the car shall be red,” and the car is actually blue,
What are your FDCPA damages if you are just an authorized user and are not obligated to pay back the debt?
Or, in the event that your claim is based on statutory damages rather than actual damages, which part of the FDCPA do you believe it comes under?
When this debt collector emailed your dad, did they mention how much you owe specifically? It is legal for a debt collector to contact your relatives and friends, but it is illegal for them to discuss the specifics of your debt. If so, I hope you win big and sue them into oblivion.
From the FDCPA:
"A debt collector who cannot locate a consumer may request the consumer’s home address, phone number, and place of employment from a third party.
The debt collector must provide their name and state that they are confirming or correcting location information about the consumer. They cannot disclose the collection firm or agency or that the consumer owes any debt unless specifically asked.
A third party cannot be contacted more than once unless the collector believes the initial information was incorrect or incomplete, or if the third party requests additional contact.
Communication with a third party via postcard, letter, or telegram is only allowed if the envelope or content does not reveal the nature of the collector’s business."
Which of these rules did Halsted Financial violate, and do you have evidence of the violation?
The FDCPA offers fees for attorneys, so look for a lawyer who handles FDCPA matters.
You are responsible for the debt. Specifically, what would you want to prevail in a small claims court? A sincere regret?