Can a bank disclose the details of a loan to a family memberwho is not a co-signer onthe loan?

I have an account with a bank and it called my home. I had taken out a personal loan 3 years ago and was the only signer on this loan. It was currently 2 days past the due date. It was on autopay, and by the time that I I was called the payment had already been drafted out of my checking account. The person calling revealed the details of the loan to my husband because he said I was not available. My husband was told that the loan was past due. What a surprise to him. And a huge fight ensued. It was in fact already paid. What can I do under the privacy act?

Asked on March 11, 2011 under Bankruptcy Law, Tennessee


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The debt collector (creditor) cannot discuss any details of your loan with anyone other than you. The only thing that the creditor can ask is location information for you, how to contact you and it involves a debt. Details can never be discussed. So, what you now need to do is file a complaint in a few places, but the place to start is directly with the bank's regulator and give great detail about what time the call was made, any identifier information about the caller, what date and what was told to your husband. You make the complaint to the bank's regulator, who can be one of three agencies. If the bank name ends in fsb or fsa, it is the Office of Thrift Supervision. If the bank name ends in N.A. or national association, it is the Office of the Comptroller of the Currency. If the bank is a state chartered bank, contact your state's department of banking or sometimes it is called the department of financial institutions. Make sure you identify it is a violation of the Fair Debt Collections Practices Act and possibly UDAP violations (unfair and deceptive practices act), make sure you sign the complaint and wait for a response.

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