Bounced Check and Privacy Concerns

[mdime08]

I was recently notified, by a individual third party, that a check I had written on Feb 25, 2011 had not cleared my bank when presented for payment on March 21, 2011. The check was written to the local high school's booster club. The Treasurer of the booster club called another individual, not associated with the booster club, and informed them of the bounced check, the check number, the amount of the check, specifics related to the banking transaction (specifically, how many times it was presented to the bank and returned) and that this third party individual needed to contact me for immediate payment of the check and associated fees.

I was shocked that the booster club never notified me directly by phone or letter or email to inform me of the check and request alternative payment. Instead went to another individual, who just happens to know me personally, to collect on a debt.

I asked the individual, who contacted me regarding the above issue, for the direct contact information of the Treasurer and I was refused. Instead this individual provided my phone number to the Treasurer without my permission.

I checked my banking account today and the check was presented for the second time and payment cleared (funds have always been available since March 22, 2011). I realize that the first time the check was presented was completely my fault; however, the check was presented a month later. Although I am aware a check is good for a "very long time" after writing it, it should not have taken a month to be presented for payment. This being the reason I believed payment had been cleared a month prior.

Have any Privacy Protection Laws or Codes been violated here? I feel that I should have at the least been notified first!

Do I have any recourse against the school's booster club or Treasurer?

Should I send a strong language letter to the booster club informing them how inappropriate their conduct was?

Or, am I completely over-reacting?!

Thank you for your time!!!!

 

[army judge]

Have any Privacy Protection Laws or Codes been violated here?

No.

Do I have any recourse against the school's booster club or Treasurer?

No.

Should I send a strong language letter to the booster club informing them how inappropriate their conduct was?

Now, what would that serve? Resist the temptation to do that or anything else.

Or, am I completely over-reacting?!

Yes.

 

[mdime08]

So the booster club, by proxy of the Treasurer, does not then become a debt collector once the debt is owed?

 

[army judge]

So the booster club, by proxy of the Treasurer, does not then become a debt collector once the debt is owed?

You wrote a check that bounced.

It matters not why your check bounced, it bounced.

The person that holds that check isn't obligated to send it back more than once.

I suggest you let this go.

Not every slight or human indiscretion is addressed by a lawsuit.

If it could be, we'd live in a police state.

 

[mdime08]

You have clearly missed the entire point of my post.

I never suggested a lawsuit nor am I seeking information or remedy on the "why", I clearly admit fault.

My specific concern and question references how the debt collection was handled on the part of the debt collector, clearly it was handled improperly.

 

[army judge]

You have clearly missed the entire point of my post.

I never suggested a lawsuit nor am I seeking information or remedy on the "why", I clearly admit fault.

My specific concern and question references how the debt collection was handled on the part of the debt collector, clearly it was handled improperly.

No, I didn't miss your point, as convoluted as it was constructed.

But, here is your new answer: ___________________________________________________________________________!

Do whatever you want to do.

I don't care!

 

[mightymoose]

Personally, I think you should be grateful they handled it the way they did. When the check bounced they could have made a criminal report for passing a bad check.

You summed it up best when you suggested you may be overreacting. You wrote a bad check and they used reasonable means to go about collecting payment. Asking a friend to contact you rather than the police was a kind gesture on their part.

 

[Michael Wechsler]

I never suggested a lawsuit nor am I seeking information or remedy on the "why", I clearly admit fault.

My specific concern and question references how the debt collection was handled on the part of the debt collector, clearly it was handled improperly.

How did they know someone who knew of you personally? Was this malicious or just informal, e.g. someone in the booster club knew you were neighbors with Mr. XYZ?

Should this matter have been handled this way? Of course not - it certainly lacked a formal process and was "unprofessional." Were any actual laws broken? I don't know, I don't know all the facts and, on the surface, I don't see anything that stands out.

I think that what the other posters are saying is that before you give anyone a lecture about being unprofessional, you should consider the fact that if the act wasn't malicious it's really a "no harm no foul" situation that you're coming away from rather well. These days there are more people bouncing checks than there were 4 years ago. Given that this was an "honest mistake", perhaps it's a good thing that it was treated that way instead of posting up your name on a list in the booster club of bad check writers and, regarding you, only cash is accepted.

PS - Here's the text of the Fair Debt Collection Practices Act. I'm not sure of local law but I wouldn't bother.