Is it against the law for a creditor to disclose your information to other parties?

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Is it against the law for a creditor to disclose your information to other parties?

I have had financial difficulty and my husband and I relocated to GA – his VA benefits haven’t started and we found ourselves behind on our car note. I told them to pick up the car from my new residence. They said they would. However, someone who says she is an investigator is now calling people (my brother-in-law and sister-in-law) saying they are looking to talk to us because of auto theft fraud with the vehicle. They also called the landlord with the same information knowing where we live. Isn’t this against the law and isn’t it slander when that is not true?

Asked on September 14, 2010 under Bankruptcy Law, Georgia

Answers:

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

Answered 11 years ago | Contributor

How they are "classified" in this matter will count.  Are they a "debt collector" or are they a "repo company"?  AS creditors they must follow the debt collection practices act and therefore they can not divulge information regarding a debt to others (other than spouses in some states).  They can only call a person and ask for information regarding your location (and really only once unless they need to re-call that person for clarification).  As a re-possessor they must not "breach the peace" generally, which means that they can not come on to your property to repossess.  Here, though, you have given permission to repossess. But you defaulted and moved states.  And took the vehicle across state lines.  That may really be the issue.   So I might advise you to get some help with returning it to where it should be and negotiating a deal as to the default.  Good luck.


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