I called John Ventura, an attorney with 30 years of experience who also happens to be director of the Texas Consumer Complaint Center, a great resource of consumer law assistance for folks nationwide.
I asked him about Jason’s experience, and what legal options he might have. Here is his response:
The Fair Debt Collection Practices Act, the federal law governing debt collectors, has a prohibition about telling anyone else about your debts. However, this only applies to third party debt collectors. In this case if the caller was a third party debt collector this consumer would have a claim. However if it is the original debt collector that law would not apply. The consumer would have to check with consumer attorney in his state to find out if they have a state law on debt collection and if that law applies to the original creditor too. Texas has such a law. Hope this helps. If you have any further questions, just ask.
July 29, 2008