Can a creditor contact one of my references and disclose the status of my account?

UPDATED: Sep 9, 2011

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Can a creditor contact one of my references and disclose the status of my account?

I am a customer of a rent-it-all type company. The account was not defaulted, just 7 days late on a payment. A rep from their offices called a reference on my account because he could not get in touch with me, stated that my account was 7 days overdue and disclosed the amount owed. Once I was notified, I called the office and spoke with the office manager who completely dismissed my complaint. The reference was my fiance and since then he has asked my to sign a pre-nup. Is this grounds for a lawsuit?

Asked on September 9, 2011 under General Practice, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A creditor can contact references of a debtor in order to obtain information concerning a past due balance. Given what you write that the account was seven (7) days overdue, the contact seems to have been a bit premature unless the overdue account was subtantial.

You were wise to contact the office manager over what transpired. Unfortunately your complaint over the conduct that happened was not well received. You should follow up with a letter to the office manager over what happened memorializing and keep a copy for future need.

Although the reference who was contacted is your fiance' who as a result asked you to sign a prenuptial agreement, you unfortunately do not have a basis for a lawsuit.

Good luck.

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