Posts Tagged ‘consumer rights’

Monday, February 8th, 2010

Debtor Collects from Creditor Harassment

Anyone who has ever been hounded by a debt collector has probably fantasized about giving the collector a taste of his or her own medicine. That fantasy may be much easier to realize than most people imagine, as the story of a Dallas debtor shows.

Background: Your Rights as a Consumer

Laws are in place at both the federal and the state level to protect all Americans from overly aggressive debt collection practices. In fact, between the Fair Debt Collection Practices Act, the Fair Credit Reporting Act and the Telephone Consumer Protection Act, a lot of behaviors typical of debt collectors are prohibited.

In addition to other things, debt collectors cannot:

  • Lie about their ability to take legal action to collect on a debt
  • Call you repeatedly with intent to annoy or harass
  • Call you outside of 8 am and 9 pm local time
  • Contact you directly when you have indicated that you have legal representation
  • Contact you by any embarrassing media (like postcards)

Unfortunately, many consumers are not aware of their rights and so do not take legal action against collectors who break these laws.

A Man with a Plan

According to the Dallas Observer, a man named Craig Cunningham has taken it upon himself to stand up for his consumer rights.

The Observer reports that Cunningham made some poor investment choices when credit was easy and ended up with more than $100,000 worth of debt. But, when collectors began contacting him and asking him to pay up, he decided to fight back.

Essentially, here’s how Cunningham has managed to make the most out of a bad situation:

  • He hired a lawyer to represent him and help him understand the intricacies of the consumer protection laws that were relevant to his case.
  • He began recording calls from his creditors and saving all forms of contact he received.
  • With the help of his attorney, he filed lawsuits whenever a debt collector violated a national or state consumer protection law.
  • He began receiving court settlements from successful cases.

Most collection agencies, it seems, prefer out-of-court settlements (which often involve a statutory fine) to taking a case to trial, since settlements save them money. The Observer notes that Cunningham has thus far earned $20,000 from suits against law-breaking collectors.

If you think your rights have been violated by a debt collector, consider contacting an attorney to determine whether you could take steps to receive compensation for the violations.

Additional Resources

Fair Debt Collection Practices Act (PDF)

Friday, June 5th, 2009

Expensive Scams & How to Avoid Them

Day-to-day life demands enough of your hard-earned money: between bills, food costs, and unexpected expenses - sickness, injury, Grandma’s 80th blowout bash … - many people like they have a leak in their checking accounts already.

So scams and schemes that drain your funds without giving you anything in return should be avoided at all costs.

Your best bet for doing so? Educate yourself.

Fake Check Scams

A recent report on msnbc.com revealed that scams involving phony checks are on the rise.

Apparently, these scams involve three main elements: you receive a check in the mail, you’re instructed to cash the check and wire money to someone, and you end up losing a few thousand dollars.

Unfortunately, millions of Americans have already been taken in by these scams, which often seem legitimate. Common tricks scammers use include the following:

  • Fake buyer offers: Some checks arrive in response to an ad you’ve placed to sell an item, like a car or a piece of furniture. These may follow an email or letter explaining that the person will send a check for more than your asking amount (RED FLAG!), and ask you to wire the extra money to a third party.
  • Fake lottery wins: Other bad checks come as your “prize money” for a lottery game you never played. After depositing the money, you’ll be asked to pay some taxes and fees to collect. Legitimate organizations would never require you to do this.
  • Mystery shopper tasks: Yet another scheme involves identifying you as a “mystery shopper” who needs to deposit a check and wire most of it (you’ll keep some for your trouble) from a specific location – ostensibly to evaluate that location’s services.

THESE OFFERS ARE SCAMS

As a basic rule of thumb, never agree to wire money to or for someone you don’t know.

This is serious. In fact, one reason some people turn to filing bankruptcy is because they became victims of scammers. Don't be fooled.

And, while many of us consider ourselves fairly savvy about the scams out there, they can be treacherous because they’re often very clever. Sources indicate that:

  • 59 percent of respondents to a poll incorrectly thought that a bank will make sure a check is good before letting you withdraw the money
  • 40 percent thought they couldn’t be liable for transactions made after depositing a bad check

In reality, neither of these is true. In fact, even asking whether a check has “cleared” is not enough to make sure you’re safe: “clearing” only means that you have access to the money involved – it has nothing to do with whether or not a check is valid.

Be an active, informed consumer, and know your consumer rights.

People will continue to develop new scams to trick the unsuspecting. The best thing you can do to protect yourself and your hard-earned cash is to learn as much as you can about what’s out there and how to avoid it.