PROTECTION OF PERSONAL INFORMATION
7.(3) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may disclose, without the knowledge or consent of the individual, use personal information only if,
(b) for the purpose of collecting a debt owed by the individual to the organization.
PIPEDA 4.3 talks about the regulations that a company has to abide by with regards to collecting and disclosing information from about and about individuals.
7.3 says that a creditor can disclose a debtors' personal and private information to a collection agency. However, that's as far as it goes. This paragraph DOES NOT make legal grounds for a third party collection agency to contact a debtor.
FURTHER:
Paragraph 7.3 does not give the collection agency any legal rights to disclose a person's private information to a credit bureau such as Equifax or TransUnion, unless it was previously authorized in the original credit agreement with the creditor.
Thus, if there is no contractual agreement between a debtor and creditor, the debtor DOES NOT have to deal with a third party collection agency. There is no law that says the debtor has to.
I am NOT advocating that people don't pay what they agreed to contractually. I believe that people need to pay their bills as agreed, however to the original creditor, if that's what they agreed to.
Glen,
Your logic is entrenched in Canadian's minds. After spending countless hours fighting with creditors, credit bureaus, government agencies, collection agencies, all across Canada I am pretty certain of what I'm talking about.
This is exactly the reason I put up this website. To help Canadians better understand their actual rights with regards to the credit industry.
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