status of loan

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efulton08

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I'm behind on my car loan. When I got the loan the finance company required that I had a list of references with their phone numbers. Now the company is calling my references and telling them that we are behind on our payments and that they are going to repo the car. I thought that Finance companies are not allowed to discuss the status of your loan with anyone but you? I have voice mails from my family members saying they were contacted by this company and were told the year, make, and model of my car and that i was behind and they are going to repo it. Are they allowed to do this? :confused:
 
This one has been answered many times. Collection agencies may contact individuals other than the debtor, such as calling a neighbor or relative to aid in locating the person who owes a debt as long as there is no communication about the debt. Collectors must state their name and must give the name of their employer if the person specifically asks. A collector may contact each person once, unless it is believed that the person gave the collector incorrect or incomplete information at the time, but now has complete or updated information.


Fair Debt Collection Practices Act (FDCPA)

804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

(4) not communicate by post card;

(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.
 
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