A reader, Joanne, wrote to us concerned because a debt collector had sent a fax to her employer, and right at the top of the fax was her Social Security number, available to anyone who happened to grab it from the fax machine. Here's what she asked:
Can the debt collection agency send a fax to my employer disclosing my Social Security number on an unsecure fax line inquiring … to fill in employment information about me? I feel violated that they exposed my SSN publicly.
At our request, she sent a copy of the document, and we showed it to Troy Doucet, a consumer protection lawyer who practices in Ohio.
He discussed debt collector letters with us, and indicated placing a Social Security number on a fax is only one potential problem. There could be other concerns that are far more serious.
Can They Do That?
Debtors are often confused about what collectors can and can't say to others about their debts, including their employer. The good news is that federal law restricts debt collectors' contact with third parties.
Doucet said in an email, "a debt collector may only contact employers, family, or friends for the purpose of locating the debtor, and is prohibited under the FDCPA from conveying information that would indicate the purpose of the communication is to collect a debt." The Fair Debt Collection Practices Act is designed to protect consumers from abusive, deceptive or unfair practices by debt collectors.
The first page of the fax requested job title, dates of employment and address of the employer. Such an inquiry, if it were a genuine effort to locate Joanne, or if she had a judgment against her, would likely be perfectly legal and appropriate. However, without a legal judgment, the request goes beyond what is likely allowed under the FDCPA because it is asking for more than just her personal contact information. Nevertheless, an employer is not required to respond to a faxed request for information.
Are They For Real?
The second page of the fax raises some concerns because it uses language that is often used by scammers to scare consumers into paying debts they may not owe. It lists a "case number" and a message.
"This Law Office is investigating [consumer name redacted] on pending charges out of [consumer's County]. Please complete & return promptly. We also would like a copy provided to [consumer]." That is, the fax also asks the employer to share the letter with the alleged debtor, which may be an illegitimate effort to pressure the debtor into paying.
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http://finance.yahoo.com/news/debt-collector-fax-employer-103028267.html
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