Obligated to provide EE info to debt collection agency?

Paul in Cannon Beach

This "Daniels and Norelli" law agency from New Yawk continues to call me regarding one of our employees. They appear to be a debt collection agency and my guess is that our EE owes somebody some money.

Maybe its the Booklyn accent or maybe its the strong arm tactics but I dont feel like providing anything. They want his mailing address, phone number, etc..

One thing that bothered me is they sent me a fax with his name and social security number on it. That seemed inappropriate.

They told me they will contact my boss before he hung up on me.

Any advice?

ACU Frank

Contact you boss first, and let him/her know your liabilities far exceed any need to be helpful to Mr. Flatbush. Make sure your boss is on the same page before the call comes.

Paul in Cannon Beach

So what you are saying is I am not obligated to provide EE info even if the agency calling me is an attorney's office?

joannie

Paul,

I e-mailed you the long answer.

ACU Frank

Joannie - What's with the secret answers? I thought we were all friends here.

plynnl

The way I understand it is that unless they have a court order or a written authorization by your employee (which is highly doubtful) you do not have to provide any personal information regarding the employee.

ACU Frank

I'd go a step farther and say you are not *obligated* even by written authorization from the employee. It would probably mitigate your liability, but without a court order I don't think you're required to do a darn thing.

I'll check with my collections dept... there might be some variances by state, but I'm guessing no state would require you do do anything. They're just lawyers, Paul. Don't assign them any undue authority at all. It's the judge that carries the weight.

ritaanz

Contact your boss? That was just intimidation to get you worried, and it worked. When they they threaten to take your first born, you have a problem.

ACU Frank

Depends on the first born.

I checked with my collections gurus here, Paul... You have zero obligation until you get something from the court.

stilldazed

You might also try this, something I've used several times in the past, and it has been effective. Just check your state statutes first for a conflict. We have none in Florida. As it turns out, the calls that have been most aggressive and intimidating were from collectors who advised in telephone calls that they could not be stopped, and this message still stopped them.

"While it is not our intent to interfere with your effort to contact (employee name) at times that may be convenient for him/her, we request immediate suspension of calls to our employee's work place. The frequency of the calls are disruptive to others and to our regular course of business. To confirm, it is our policy to restrict personal nonemergency phone calls to workers during work hours as well as prohibit the use of personal cellular phones during working hours in the department in which he/she works.

As a reminder, the following excerpt from the Fair Debt Collection Practices Act is included for your review.

15 USC 41 1692c(a) Without prior consent with the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collect of any debt:

(3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.

We sincerely appreciate your cooperation with this request and anticipate that you agree that (employee name) should be allowed to work without the unnecessary risk the calls pose to her work performance. "

best wishes

Paul in Cannon Beach

Thanks for all your replies. I'll update my boss on how to respond (he is more conciliatory than I am) in case they do call. I agree that its likely just a tactic.

I am aware that the EE in question has some financial problems. Most relate to simple bad spending habits or falling for stupid offers like Columbia Music Club. I am going to talk with him today and direct him towards some options for financial counseling that we offer.

ACU Frank

Columbia Music Club... Who *hasn't* been there?

davids

Paul - Although I am a fellow Oregonian now, I grew up in Brooklyn. So don't hold it against someone, just because they speak funny. I get enough Brooklyn accent jokes from my co-workers.

Seriously, you are not obligated to provide any information unless they have a court order.

Paul in Cannon Beach

Maybe I have just seen too many episodes of the Sopranos.

Hey congrats on your escape!