The FDCPA and Gramm-Leach-Bliley do not apply directly to repossession services, forwarding agencies, or repossession agents, but all three are accountable to elements of the acts. One of the provisions of the these to which they are held accountable is "Pretexting." No agent of collections or property recovery may "pretext" himself. That is he may not make contact with a debtor and give the impression, either passively or actively, they are someone else. That being said, when we call or make contact we have to identify ourselves. We are not required to take the debtor by the hand and lead them through a point by point explanation of who we are and our intentions. For instance: if I were to call someone who is delinquent on a car note, I might identify myself as "Bob from RR Service." You'll notice that I did not give much there. I did not tell the debtor that I was "Bob from Repossession and Recovery Services." I could even simply identify myself as "Bob" if that is my legal name or a legally filed alias. As long as we do not offer anything that could be misleading, we cannot be accountable for violation of pretexting. Repo men can make contact at hours different than collections or skiptracing. The rules are a bit looser. But, they can never misrepresent who they are. Typically, the less shared with the debtor, the safer.
If any collector or repossession agent identifies himself as anything other than who he actually is, get as much information as you can. If you are able, notify the highest level executive with the firm he represents that you will be filing complaint with the FTC and your state's attorney general. Contact an attorney and take the steps necessary to file a complaint, and begin suit. The only more serious violation of collections/repossession laws is perhaps third party disclosure.
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