What can I do if the car dealership I make payments to called my mom and told her that my account is in “big trouble”?

UPDATED: Mar 17, 2011

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What can I do if the car dealership I make payments to called my mom and told her that my account is in “big trouble”?

Does this violate any privacy laws?

Asked on March 17, 2011 under General Practice, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have to look at the dealership as a creditor and then they are subject to the Fair Debt Collection Practices Act.  Is your Mother by any chance a co-signor on the loan or did they just call your house and get her on the phone? Under the act a debt collector is limited in what he or she can say and ask to another party when trying to reach you or establish where you live for purposes of the debt collection.  But here is the problem: the  Act does not establish a right for you as an individual to sue the creditor for an cause of action under the law as of yet.  You can merely report them for violations and then they can be investigated.  I would indeed write them a letter advising of this breach of the Act and that you intend on reporting them.  Maybe then they will stop.  Good luck. 

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