Can a creditor disclose personal information to your family, friendsor employer?

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Can a creditor disclose personal information to your family, friendsor employer?

I used a rent-to-own agency to furnish my living room with a couch. I moved out of my apartment and out of state but did not take the furniture with me. It is in storage in the original state of rental. I missed a few payments and the general manager of the company contacted my employer, friends, and extended family tell them “I defaulted on payments, left the state with their merchandise without permission and am being prosecuted for theft.” It has been a huge stress. Is it legal for them to give my personal details and information to people I do not live with or am not related to? Has this rent-to-own agency violated my privacy rights?

Asked on October 22, 2011 under Bankruptcy Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In many states in this country there are laws against unfair credit collection practices. Likewise, there is a federal law on this subject as well.

For the creditor to contact your friends and acquaintances stating that you defaulted on your payments, left the state of Indiana with the merchandise without permission and that you are being prosecuted for theft could very well be an unfair credit collection practice in your state and under federal law.

The conduct of a representative for the creditor could very well be subject to a legal action by you. I recommend that you consult with an attorney experienced in debtor's rights if you want to pursue a possible action against the rent to own agency.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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