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  1. #1
    Join Date
    Jul 2008
    Posts
    4

    Angry Can a Credit Card Company Divulge Information to Someone Not on the Account

    My question involves collection proceedings in the State of: New York

    OK, this may get confusing, so bare with me. My wife has a Capital One credit card in her name only. I have a Capital One credit card in my name only. She's not on mine, I am not on her's, two completely separate accounts, numbers and all. She's responsible for paying her bills and me, mine. She has become delinquent on her account and has been receiving collection calls from them. I have been paying mine on time and more than the monthly minimums. She received a call today from Capital One and they wanted to try to bring her account up to date. They threatened if she didnít comply soon, the account would be turned over to legal and they could garnish her wages and eventually put a lien / judgment on our home. They then proceeded to tell her that they saw I had made a payment to my account in such and such amount. They then asked her to speak to me about making the same payment to her account.

    So this is my question. Can Capital One do this? Having access to an account is one thing, but to divulge information about one account to another party whose not even on it I thought was illegal. I want to call Capital One and blast them but I want a leg to stand on before I do so. Does anyone have any knowledge or assistance they can offer? It would be greatly appreciated.

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Can a Credit Card Company Divulge Information to Someone Not on the Account?

    No they can't. Hopefully, your wife got the name of the CSR and file a report against them. It's not likely that it will help her out with her current financial perdiciment though.

  3. #3
    Join Date
    Jul 2008
    Posts
    4

    Default Re: Can a Credit Card Company Divulge Information to Someone Not on the Account?

    Quote Quoting gigirle
    View Post
    No they can't. Hopefully, your wife got the name of the CSR and file a report against them. It's not likely that it will help her out with her current financial perdiciment though.
    Thank you. I didn't think they could. And yes, she has the name and extension of the CSR. I plan on calling tomorrow to verify all her information before I file a complaint. Is there anything else I can do, legally I mean? Can I file anything against Capital One for this infringement of personal information?

  4. #4

    Default Re: Can a Credit Card Company Divulge Information to Someone Not on the Account?

    Actually, this is incorrect.

    In the state of New York, it IS perfectly legal for them to talk to the legal spouse about anything related to his wife's account AND they can attempt to collect though him on that account. They can NOT garnish HIS wages, but they can attach all joint assets - anything jointly owned, like checking accounts, a jointly owned home, etc.

    The only states with restrictions on credit card companies talking to a spouse of their customer are: Connecticut, Illinois, Louisiana, Iowa, Massachusetts, New Hampshire, Oregon, and South Carolina. And even in those states, spouses might still be ok to talk to, depending on factors such as if they are currently residing together or not, if the spouse in question ok's the conversation, or if relaying information about the account, but not attempting to actually make a collection over the phone. Note that things are different if the contact is made from a third party collector - but that's not what we have in this case. This is the actual credit card company, and they DO get to talk to NY spouses.

    This is all covered under the privacy initiatives portions of The Gramm-Leach Bliley Act and falls under the auspices of the Federal Trade Commission.

    You can learn more at

    http://www.ftc.gov/privacy/privacyin...es/glbact.html
    Catherine NeSmith
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    AARDVARC.org, Inc.
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