Posts Tagged ‘debt collection’

The Federal Trade Commission announced this month that it has settled charges with three debt collectors accused of various types of abusive debt collection. The settlement, which reportedly includes the largest civil penalty ever levied on a debt collection agency, comes in conjunction with future restrictions for the defendants.

Fair Debt Collection Practices Violated

According to the case, the defendants violated terms of the Fair Debt Collection Practices Act, which outlines acceptable behavior for agencies responsible for collecting on debts. These guidelines prohibit a variety of actions, including:

  • Contacting a debtor before 8:00 am or after 9:00 pm local time
  • Contacting a debtor after receiving a written request not to do so
  • Contacting a debtor at her place of work after being told not to
  • Calling the debtor with the intent to annoy, harass or abuse
  • Contacting the debtor directly when he is known to have an attorney
  • Misrepresenting a debt or using deceit to collect money
  • Threatening arrest or legal action when neither is an option
  • Seeking more than a person legally owes
  • Publishing a person’s name on a “bad debt” list
  • Reporting information incorrectly to a credit reporting bureau
  • Contacting a third party about a consumer’s debt
  • Contacting a debtor by embarrassing media (like a post card)

In this case, the men were charged with threatening arrest and legal action when none was warranted as well as using harassment and abusive contact to collect debts. The men in question were senior managers at debt collection agencies and as such either participated in the illegal actions or were responsible for such actions among their employees.

The Settlements

One of the three defendants, Keith Dickstein, owner of Academy Collection Service, Inc., apparently paid a $2.25 million settlement in 2008. The two defendants who settled early this year, Edward S. Bastian and Edward Hurt, were saddled with fines of $375,000 and $300,000 respectively for abusive collection practices.

The fines were suspended after each man paid $7,500, based on their ability to pay; payment of the remainder will depend upon their future compliance with debt collection laws.

Your Consumer Rights

Federal law outlines many protections for consumers. Make sure you have an idea of what consumer rights you have so you can take legal action, if necessary, should they be violated.

Additional Resources

Fair Debt Collection Practices Act (PDF)

Well, the city of Chicago really knows how to kick somebody when they're down.

The City of Chicago is looking into hiring some debt collection agencies - some of them with checkered pasts - to collect outstanding debts owed to the city. This includes unpaid utility bills and parking tickets.

Just a few months ago, the city quadrupled parking meter rates in the middle of massive economic turmoil. Now, they'll be turning to collection agencies to ratchet up the pressure on financially strapped families.

From the Chicago Tribune's story:

"A lot of the private companies that are in line for collecting government debt have long histories of hiring people who are abusive toward debtors," said Joe Ridout, spokesman for Consumer Action in San Francisco. "They impugn the reputation of the government agencies that they are supposed to be helping out."

Ridout said some collection agencies call people at work to try to embarrass them into paying. In other cases, he alleged, bill collectors have told debtors with Hispanic surnames that they could arrange for them to be deported unless they pay up.

And who will be paying for the "work" these agencies are doing? City taxpayers. This could be a huge deal for collection agencies, who are licking their lips:

The Chicago contract could be a "giant deal," said Sean Keegan, national marketing director of United Recovery Systems in Houston. He estimated a private company would need about 200 collectors and could keep 18 percent to 30 percent of what it rakes in for the city.

If you're dealing with collection agencies, you should keep your rights in mind. Each state has their own laws regulating how collection agencies operate. Generally speaking, collection agencies:

  • Are allowed to call only between 8 a.m. - 9 p.m. If you're receiving calls late at night the collection company could be in violation of the law.
  • Cannot use profane language.
  • Cannot threaten physical harm to your or anyone else or threaten to damage your property.

If you feel your rights have been violated, speak with an attorney right away.

And if you want the harassment to stop, remember that when you file bankruptcy the Automatic Stay court order usually puts a legally-binding halt to all collection actions.

Wednesday, April 8th, 2009

Assert Your Rights As a Consumer

Unfortunately, a recent report from the FBI suggests that cyber crimes increased as much as 33 percent last year.

This means that, as a consumer, you need to take steps to protect yourself and know what you can do if you’re victimized by online fraud.

Fair Credit Reporting Act

This law gives you the right to access your credit report for free and to challenge any incorrect information you see there.

Staying abreast of the information on your credit report is one of the best ways to make sure you aren’t victimized by identity theft and other cyber crimes. Just follow these steps:

  • Go to www.annualcreditreport.com and request a free credit report from Equifax, Experian and TransUnion once every year. (You may want to request one every four every four months, or all three at once.)
  • Check the information against your own records. If you notice any inaccuracies on your report, contact the agency immediately.
  • Be sure you file all complaints in writing and persist until the matter has been handled appropriately.

Incorrect information on your credit report can harm your overall credit rating – when you apply for loans or credit cards, you may be offered higher interest rates than you would have been otherwise or even be denied a loan entirely.

Truth in Lending Act

This law is designed to protect consumers in credit transactions.

Lenders are required to disclose specific information about loans (including interest rates, payment periods, late fees and more).

When lenders don’t comply with the terms of this law, your rights have been violated and you may want to take action.

Fair Debt Collection Practices Act

Creditors must adhere to strict rules when trying to collect money from you: they’re limited to calling between certain hours of the day, prohibited from certain types of contact altogether and forbidden to deceive you in order to collect money.

How to Know If You’ve Been Victimized

Besides these two acts, the government has outlined housing acts, credit reporting acts and others to make sure you get a fair shake in the world of credit. But how can you be sure you’re taking the right steps?

Consulting with a bankruptcy lawyer familiar with the laws in your state can be an effective way to make sure your rights as a consumer are recognized and, if they aren’t, to take appropriate legal action.

The slumping economy has caused many Americans to depend on credit cards to survive. A real problem arises when the credit card bills are due and there’s no money to pay them.

Enter the debt collector.

According to the Federal Reserve, nearly one in 20 credit card accounts in the U.S. were delinquent, or more than 30 days past due, at the end of 2008. And when a credit card account becomes delinquent, debt collectors begin calling.

A recent Washington Post article provided some valuable tips consumers can use to protect their rights when debt collectors begin calling.

In Debt? You Make the First Call

Financial experts recommend calling creditors first if you’re having a problem paying bills on time.

If you call them before they call you, you may be able to negotiate a lower interest rate and/or get fees waived or reduced

Avoid Debt Collection Companies: Don’t Ignore Your Creditors

If you don’t take the opportunity to call the creditor before they start calling you, it’s not a good idea to ignore them.

If an account is more than 90 days past due, the lender may have a third-party debt collection agency step in and attempt to collect the debt.

Consumers should realize that the federal Fair Debt Collection Practices Act provides protection for consumers by restricting the actions of third-party debt collectors.

However, this law does not apply to the original creditor and if a debt is sold to another company, the law regards the new owner as an original creditor.

Credit card companies have fewer restrictions when contacting debtors, but are generally more reasonable and pleasant when dealing with consumers. These companies usually wish to keep their customers, if at all possible.

If the account is turned over to a debt collection company, it’s usually much harder for the debtor to work out a solution.

Don’t Lie About the Debt, But Don’t Acknowledge It Either

While it’s not a good idea to dodge or ignore calls from debt collectors, there are things experts say debtors shouldn’t say.

For example, some experts tell debtor to not lie, but to also not specifically acknowledge owing the debt.

Keep in mind that you’re not required to speak with debt collectors and you may terminate a phone call at any time.

Don’t Agree to Unrealistic Repayment Plans

Debtors should never agree to a payment plan that can't be managed. If you agree to a payment plan, the payments should be made according to the agreement.

Don’t Provide Personal Information

You should never provide personal financial information to a debt collector.

Some debt collectors ask for debtor's bank account numbers and routing numbers, but this information should not be provided.

Gail Cunningham of the National Foundation for Credit Counseling warns that this type of information could be used to garnish a bank account if the collector gets a judgment against you.

Know Your Debt Collector

Consumers should collect detailed information from any debt collector who calls.

Collection agencies may attempt to hide their identities, so start by trying to get the name and address of the debt collection agency from the caller.

Under the federal debt collection act, you must send a written request for the debt collector to stop calling. Verbal requests are generally ignored.

Verify the Debt

Debtors should also demand verification of the debt.

The law gives debtors the right to request and review documentation of the debt. If a debt has been resold several times, the debt collector may be unable to provide proof of the debt.

The Protection of a Bankruptcy Lawyer

If a debt collector threatens court action, it may signal that it’s a good idea for a consumer to contact a bankruptcy lawyer.

If a debtor has a lawyer, debt collectors may only attempt to contact them through their lawyer.

If a debtor winds up filing bankruptcy, an automatic stay is issued and all collection activity must stop immediately—that means no more calls, no more letters, no more contact. Period.

The issue of "Zombie Debt" has seemingly been getting a lot of coverage in the mainstream media over the last several months.

A recent ConsumerAffairs.com story detailing how Luebke Baker has been recently attempting to collect alleged magazine subscription debts from as long as 11 years ago in some cases further depicts  the need to be aware of such deceptive debt collection practices and to protect yourself as a consumer.

Give the above ConsumerAffairs.com story a read and then be sure to check out our detailed pages on debt collection practices:

Debt Collection

Could You Be Paying Debts You Don't Owe?

If you believe that you are the target of deceptive debt collection practices, take action and speak with a local bankruptcy lawyer about your courses of action or whether filing bankruptcy could help you.