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Is AAFES exempt from the Fair Credit Reporting Act?
According to the Fair Credit Reporting Act, it is illegal for a debt collector to directly contact your employer to inform them that you are delinquent on a debt and that the only thing that they are allowed to do is verify your employment.
However, I've seen plenty of occasions where AAFES will send letters to commanders letting them know that Private Snuffy is two months late on his Star Card, which eventually causes him to be counseled and threatened with UCMJ while AAFES eventually deducts it out of their pay anyway if their chain of command doesn't escort them to the PX to make a payment.
I'm not saying that Joes shouldn't pay their debts and I am aware why we don't want them to be in debt (bribery, security clearances, etc.). I've had the displeasure of having to counsel someone for missing a payment in the past (we sent him for financial counseling after finding out other issues he was having). However, if AAFES isn't exempt aren't they opening themselves to a eventual class-action lawsuit by disgruntled servicemembers? I know that Visa and Mastercard don't send letters to McDonald's store managers telling them that their fry cook missed a payment.
Look, I see that half of you answered based on emotion and hearsay rather than actually looking up the facts. As a leader you should have some interest in knowing the facts because when it comes down to it if you don't use facts you can see what you thought was a slam dunk case against someone go down the drain. My biggest advice to a servicemember is to pay your damm bills. My second biggest piece of advice is to know your rights because the FDCPA states that debt collectors can only contact
you or your attorney. https://www.ftc.gov/enforcement/rules/rulemaking-r... It doesn't mention any exception for AAFES and that is why I was asking if there is some clause I missed somewhere because if I didn't it seems like AAFES would be opening them up to be sued, especially by someone that know what they are doing. It's better to research regs than going by "that's how we always did it" since rules change.
Well, I attempted to ask a question that I'm sure that was bought up in the past. Too bad some posters that will remain nameless took the opportunity to use this question as an excuse to insult me, call me a "barracks lawyer," and other things because they are going by the classic "that's the way we always done it" mentality. Like I said, I would highly discourage any Soldier from taking on debts that they can't afford but that doesn't mean that I don't care about their legal rights.
6 Answers
- NWIPLv 76 years ago
Does McDonald's have its own Department store where their employees buy things on a McCard? No they don't so you cannot use that as a comparison. The Exchanges are part of the military benefits you have while in and you can qualify for a Star Card. If you are not making the payments it means that there are financial issues and that means counseling. So they have every right to contact your command and garnish your pay.
- ?Lv 76 years ago
Guess what, civilians can contact your command and you can be kicked out if you are too delinquent in your bills
Source
Had a family member discharged for such
Plus know more then one case were members were not allowed to re enlist due to debt
- Anonymous6 years ago
The military operates under a different set of rules. Grow up, private. You aren't in the ******* Boy Scouts.
- ?Lv 76 years ago
Stay away from the Star Card at all costs. They can garnish your wages and retirement without a judgment.