Consumer complaint received 2015-09-27
Company: Rushmore Service Center, LLC
State: NE
Product: Debt collection
Sub-product: Credit card
Issue: Improper contact or sharing of info
Sub-issue: Talked to a third party about my debt

Complaint:
Rushmore Service Center Collection Agency, XXXX, Rushmore Service Center ( RSC ) debt collector and XXXX, RSC debt collector violated our rights and three known statues of the Fair Debt Collection Practice Act and Privacy Act of XX/XX/XXXX. XXXX and XXXX were informed that we were recording the phone call. 
In the state of Nebraska, it is a Class III misdemeanor to violate the Fair Debt Collection Practice Act. The following will provide detail regarding the aforementioned statutes and offenses with RSC and it 's debt collection representatives, XXXX and XXXX. 
The statues are listed below which RSC has violated : The Fair Debt Collection Practice Act : ( 1 ) The Fair Debt Collection Practice Act Section 805. COMMUNICATION WITH XXXX PARTIES. [ 15 USC 1692c ] Except as provided in section 804 ( noted below ), without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. 

( 2 ) The Fair Debt Collection Practice Act Section 804. Acquisition of location information [ 15 USC 1692b ] Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall - ( 2 ) not state that such consumer owes any debt ; ( 3 ) The Fair Debt Collection Practice Act Section 805. [ 15 USC 1692c ] CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. For the purpose of this section, the term " consumer '' includes the consumer 's spouse, parent ( if the consumer is a minor ), guardian, executor, or administrator. 
( 4 ) The Fair Debt Collect Practice Act 806. [ 15 USC 1692d ] Harassment or Abuse. Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with the intent to annoy, abuse, or harass any person at the call number. 

In XX/XX/XXXX, during, approximately 3 or 4, phone conversations and with a written notification included with my check payment, I had informed RSC several that I wanted to exercise my rights under the Fair Debt Collection Act and Privacy Act of XX/XX/XXXX to resolve this debt with XXXX. RSC continue to call and harass me. 
On XX/XX/XXXX, XXXX from RSC called my home phone. My wife, XXXX XXXX, answered the call. XXXX informed my wife that she was with RSC and she was recording the conversation. XXXX XXXX then informed XXXX that she was recording the phone conversation as well. First, XXXX asked to speak to me, XXXX XXXX. XXXX XXXX informed her that I was not available and offered to take a message. Next, XXXX without my consent told XXXX XXXX about the origin of the debt and the amount of the debt. XXXX consistently tried to provoke and engage my wife to commit to pay the debt or make payment arrangements to pay the debt. XXXX XXXX continued to inform XXXX that she was recording the call and requested the necessary information for written message. XXXX continued to harass XXXX XXXX for a payment. At one point, XXXX would not provide a call back number. Finally, with my wife 's persistence, XXXX finally provided the necessary information for a written message. I need to be compensated for my rights being violated, secondly my wife need to be compensated, and third RSC needs to fined.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation