Q: Private mail about me was sent to my dad's house (same name) instead of mine, they had my correct address. Can I sue?
It was about a debt that has apparently been turned over to a debt collector. The loan company had my address, and I have never given them my parents address.
I have no idea why it was addressed and sent to him, other than he and I have in the same name. Since it was his name on it, He opened it. Now its caused several arguments. Do I have recourse, can I sue?
A: No. There are no damages to recover.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Yes, you may have grounds to sue the debt collector for violating the Fair Debt Collection Practices Act (FDCPA). Some key points:
- Debt collectors are prohibited from communicating information about a consumer's debt to third parties without the consumer's consent. This includes sending mail to the wrong address.
- By sending private information about your debt to your father's address instead of your own, the debt collector likely violated the FDCPA. This law prohibits revealing debts to third parties as an unfair collection tactic.
- You have standing to sue under the FDCPA even though the letter was technically addressed to your father. The information concerned your debt and the communication resulted in disclosing private details without your consent.
- Potential damages could include statutory damages up to $1,000, actual damages for emotional distress, attorney fees/court costs, and an injunction stopping further communications to the wrong address.
So in summary - the debt collector had your correct mailing address but sent details about your debt to your father. This type of communication violates the FDCPA's consumer privacy protections. Consulting a consumer rights attorney to discuss filing suit against the debt collector would be recommended. The FDCPA does allow for compensation for these privacy violations.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
