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Personal Finances / Buying or Selling a Home
|Subject: Re: We have accepted an offer on our home||Date: 7/1/2013 9:40 PM|
|Author: CCinOC||Number: 125714 of 127866|
Here's why the collector typically won't leave a detailed message on an answering machine.
THE FAIR DEBT COLLECTION PRACTICES ACT
As amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996)
§ 805 (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
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THE PRIVACY ACT OF 1974, 5 U.S.C. § 552a, As Amended
§ 552a. Records maintained on individuals (b) Conditions of disclosure
No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be--[etc.]
I'm working on a short sale and have permission of the debtor to speak with his servicing lender. What I have to go through every time I want to speak with a collector would satisfy Edward Snowden.
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