Jefferson Capital, They give out my Social Security Number St Cloud, Minnesota

FDCPA 813 (15 USC 1692k): Civil Liability:

(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --  

(1) any actual damage sustained by such person as a result of such failure;  

(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000

(Italics, boldness, and underline added for emphasis).

In other words, the most, not the least you can get without showing actual damages is $1000.00 And having dealt with courts as a career for several years now, I can tell you that they are not big on handing out judgments when there are no actual damages.

So if anybody would like to put this one to the test, I GUARANTEE that no court would award more than $100 (exclusive of costs and attorney's fees) in this matter.

If you wouldn't jump into a polar bear cage armed only with a steak knife, I wouldn't suggest taking these guys to court.  

The above response is right and wrong.  Jefferson Capital is a bottom of the barrel collection agency.  In fact they were actually sued by the Federal Government a year or so back for various violations, but I guess they are back.

The FDCPA allows you to sue for any real damages, $1000 in punitive damages and reasonable attorney costs.  So the minimum you would get would be $1000(not $100).  But they are correct about a couple other items.  IF it is a valid debt that is legally collectible you may find that if you sue them for FDCPA violations they will turn around and sue you for the debt.

This is something you have to weigh with the possibility of you prevailing in a suit.  Because you will need proof of the violation.  Just based on what you stated it could be a "borderline" case of providing personal information.  I could see a case where they could have thought it was you where they did not volunteer the information but they were asked.   I'm not saying that they didn't violate it, but proof is going to be tough for you, just based on what you have written here.  If you are thinking about recording the conversation for your "proof' be careful about that as well.  You need to know if your state is a 1-Party or 2-Party consent state.  If it is a 2-Party consent state and you do not inform them that they are being record you could actually be breaking the law.

As for the Cease and Desist letter,  what you are actually looking for is a Cease Contact letter by Certified Mail.  It does not stop any additional action they may take, such as selling the debt to another collection agency or filing a suit.  But it does keep them from contacting you or anyone else about your debt.  Most likely this won't force their hand to take you to court(although anything is possible), but you probably will find that your debt was sold to another collection agency.

If some one gave some one else my personal imformation I would be POed as well.

Well, John, I don't know about suing them.

There are provisions in the FDCPA that place restrictions on what information can be given to third parties in the process of collecting a debt.

You have presented a potentially colorable violation of the FDCPA.

However, the most I would estimate you would get out of a lawsuit is about a hundred bucks.

And consider that, by filing a lawsuit against them, you may "force their hand," causing them to file a suit or counterclaim agaisnt you for the amount they claim you owe.

Then you won't just have a collection agency on your a*s, you'll have a judgment against you.

So I would not advise it. But, of course, your best option is to consult with a local attorney.

You may also want to consider a cease and desist letter. But again, you want to avoid forcing them into taking you to court, and the C&D often has that effect.

Best regards!