Are OC's bound by ANY RULES??

[KLAchemist]

What is the name of your state? OH

I know that the FDCPA only applies to collections, but are original creditors bound by ANY rules at all or can they do whatever they want? MBNA just called my parents' home where I have NEVER lived and discussed my account including the balance, account number, date opened, etc. with my mother! Are they allowed to do this?? Is there anything that I can do? My mother is nosy, but I am beyond angry at MBNA and embarassed that they disclosed this info to her. Thanks.

 

[JETX]

I know that the FDCPA only applies to collections, but are original creditors bound by ANY rules at all or can they do whatever they want? MBNA just called my parents' home where I have NEVER lived and discussed my account including the balance, account number, date opened, etc. with my mother! Are they allowed to do this?? Is there anything that I can do? My mother is nosy, but I am beyond angry at MBNA and embarassed that they disclosed this info to her. Thanks.

It sounds like MBNA, as a 'financial institution', may have disclosed your financial information in violation of the 'Financial Modernization Act of 1999', also known as the “Gramm-Leach-Bliley Act” or GLB Act (15 USC 6801-6809).

For more, I suggest you visit: http://www.ftc.gov/privacy/glbact/index.html

 

[KLAchemist]

Would it be a waste of time to send the president of MBNA a letter saying that my rights were violated and to cease and desist from calling my parents? I know that they are not bound by the FDCPA, but at this point, I am not really wanting to reward them with a phone call when they not only called my parents' home but discussed the private details of my account with my mom; I feel it would only cause them to continue to call them every time they don't get ahold of me. Thanks for your help.

 

[Ladynred]

Some states DO include original creditors in their state version of the FDCPA. Sadly, Ohio is not one of them.

A letter to an MBNA exec can't hurt, but they are so fat and smug that they probably won't give a flying fandango. However, if you do a little research into the Privacy Act that JetX referred you to, and can use THAT in your letter, I'd certainly call them on the carpet for their actions.

 

[KLAchemist]

I did read the information, thanks JETX. But I am still a little confused. Do I have to opt out to prevent them from sharing information with family members? (Ie., in addition to a letter of complaint, add that I wish to opt out of them sharing info with third parties). I still feel this was an egregious violation of my privacy. Thanks.

 

[Veronica1228]

I did read the information, thanks JETX. But I am still a little confused. Do I have to opt out to prevent them from sharing information with family members? (Ie., in addition to a letter of complaint, add that I wish to opt out of them sharing info with third parties). I still feel this was an egregious violation of my privacy. Thanks.

No, the letter is not needed because when they mention third parties, this usually pertains to marketing. In other words, the may sell your name and contact info for telemarketing purposes, but they are not allowed to share your specific account information with your parents.

I suggest you click on Jetx's link again and scroll down to the bottom of the first page. There is a button you can click on to file a complaint with the FTC. That should get their attention!

 

[KLAchemist]

Ok, I filed a complaint and have drafted an angry complaint letter to send to MBNA. Thanks for the help with the "legalese".

 

[JETX]

Ok, I filed a complaint and have drafted an angry complaint letter to send to MBNA. Thanks for the help with the "legalese".

Though it might give you the 'warm fuzzies' in writing that letter, don't hold your breath for any response or satisfaction.