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Collection Agencies Expert Witnesses & Your Privacy

Collection agencies expert witnesses may opine on lender liability, debt, and debt collection standards of practice. In Debt Collection Practices: When Hardball Tactics Go Too Far The Privacy Right Clearinghouse writes:

Debt Collectors and Your Privacy
Public embarrassment and the prospect that your personal information might be shared with others are real concerns when dealing with a collection agency. The federal Fair Debt Collection Practices Act includes provisions intended to safeguard privacy.

The FDCPA says discussions about the debt can only be held with (1) the individual, (2) the creditor, (3) an attorney representing one of the parties, and (4) a credit bureau. Public airing of your business intended to shame you into paying a debt is not allowed. Debt collectors:

* Cannot exchange (with other agencies) information about individuals who allegedly owe a debt.
* Cannot distribute a list of alleged debtors to its creditor subscribers.
* Cannot advertise a debt for sale.
* Cannot compile a list of debtors for sale to others.

* Cannot leave messages with third parties, asking them to have the debtor call the collector.

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