11-14-2014, 04:23 PM
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Too lazy to set a custom title
Industry Role:
Join Date: Oct 2006
Location: Vancouver
Posts: 30,986
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Quote:
Originally Posted by Barry-xlovecam
Fair Debt Collection Practices Act | Federal Trade Commission
The regulations only apply to debt collectors and holders in due course (look that one up F. Lee Baily)
**What that says is that if you tell someone you are a debt collection agency, the Mafia, or whatever, to collect a debt these regulations will apply.
Also, if you are the original creditor, and not an assignee or holder in due course; you are exempted. Owner or Sole Proprietor was omitted -- I would argue that it never was the intention of the regulation -- the word natural person could have been used if that was the intent ...
Futhermore, it is a US Federal rule, and as such: the venue would be in the Federal Courts. The case would be dismissed based on no cause for action -- an individual collecting a debt owed to him, using his own identity, or a pseudonym (nickname at Facebook) would be exempt -- the ony triable issue might be if that name was in fact known to the debtor -- obviously it was she paid the debt.
Case dismissed
Court adjourned
Maybe Canadian law is different, but to the best of my knowledge, the privacy laws in Canada (and in the EU) are to do with personally identifiable information, employment records, identity papers. 18 U.S.C §2257 disclosures, without court warrant are illegal under Canadian and European Privacy laws, that I know for fact ... ** added : exception being that person's knowing consent to the disclosure.
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my understanding is the US has a stricter policy on this..
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