Archive for the ‘FDCPA or Fair Debt Collection Practice Act’ Category

INFO ABOUT AGENCY COLLECTORS (Dirty Beggars)

Tuesday, May 17th, 2011

Agency debt collectors have correctly been deemed the worst-type of bill collectors! They mostly operate from a computer records containing all your private personal information, provided to them by the original creditor or a asset search company. When one of these outside agencies gets a hold of your account, it has been ‘charged-off’ for non-payment. They make calls as fast as the phone auto-dialer can and only picking up the first one that hits a live voice and letting all the others go as a standard annoyance call. That’s why many times you will only receive a recorded message telling you to call about a very important matter from Joe Black (which is a actual name used before).

Joe Black and these Agency Collectors rely solely on Commission as their livelihood; much like a used car sales man but unlike the car sales man they don’t have time for pleasantries or obeying the law. An agency collector’s commission will range from 15-25% of what they can extract from you, so they will usually are more aggressive on the larger collection accounts and make them a first priority. Most are paid bonuses if they hit a quota and steady, hard-working collectors can make $40-60K per year. However, the majority will bring in much less money than that because they consistently step over the line to increase their take home pay.

Who Seeks a Career as a Debt Collector?
In an industry where deception, craftiness, and deception are wildly rampant, you might imagine most honest people would seek work in another place. And you’re right. My personal experience says the typical debt collector is male, has a large ego, bounces from job to job and suffers low self-esteem and enjoys using the telephone as an device of empowerment. You shouldn’t be shocked to find most of them have great debt troubles themselves.

The debt collection business is inundated with high employee turnover. Constant training of new collectors puts great strain on the agencies and the employees. Every moment somebody is in training is time lost on the telephone. You can envision the shortcuts that are taken to get a new caller on the floor as soon as possible. Collectors see themselves in a position to take advantage of those they deem inferior, in an effort to overcome their own weak insecurities. They normally will talk-over any issues you may have, threaten and frighten you, lie, misrepresent themselves, mistreat, annoy and endeavor to push you as far as they can. After all, a piece of what they collect from you becomes their paycheck.

Sadly, far too few consumers complain about debt collectors who overstep their bounds, because they are intimidated or embarrassed about their dilemma. Over the years I’ve dealt with literally thousands of collectors and suggest that only 2 out of 10 are truthful and hard working. The greater percentage is deadbeat scum just out of jail or headed back into a jail cell. Collecting is male dominated business and because of the shortage skilled workers, agencies are hiring anyone who can walk and chew gum to make their calls. Social skills, education and career orientation are NOT normally the prerequisites for a debt collector – money beggar position.

Check your free credit report to see which debt collector is trying to harass you at https://www.annualcreditreport.com/cra/index.jsp

The FTC Reports How It Handles Debt Collector Violations Of The FDCPA

Friday, April 15th, 2011

The FTC’s report that recently came out shows an increased number of complaints about debt collectors last year, including a bulleted list of what debt collectors are prohibited from doing. By a careful study of this list you will be prepared if you suspect a violation of your rights. The FTC advises that your report law breaking debt collectors to the Consumer Reports Center at 1-888-FTC-HELP. But what happens after a person submits a complaint to the FTC? Do debt collector complaints to the FTC actually make a difference?

What happens first with the FTC is that they launch an investigation into your complaint and its allegations with the debt collector. Then, according to the FTC’s 33rd annual report on the Fair Debt Collection Practices Act (FDCPA), if the investigation is to turn up a violation or unlawful activity, the FTC possibly will proceed in one of the following ways:

1) Through its own attorneys, the FTC can file suit in federal court seeking preliminary and permanent injunctive relief, restitution for consumers, disgorgement of ill-gotten gains, and other ancillary relief.

OR

2) Call for the Department of Justice to file suit in federal court on behalf of the FTC, in quest of a civil penalty, other financial relief, and injunctive relief that would prohibit the bill collector from continuing to violate the FDCPA.

Over the last year, the FTC has only filed three law enforcement actions, which doesn’t sound like a large amount considering they received approximately 140,036 complaints concerning debt collectors in the last 12 months. But not all complaints are warranted and three proceedings that are pending probably will have an affect on many thousands of consumers:

• A settlement imposing the biggest civil punishment ever in an FTC debt collection case ($2.8 million). Along with other stuff, West Asset Management is accused of calling consumers and third parties again and again with sole intent to harass or infuriate, and revealing debts to unauthorized third parties and calling those people for reasons other than to obtain location information about the consumer who is claimed to owe a debt.

• A constant suit against debt collectors who have violated laws when collecting online payday loans. Particularly the defendants are accused of erroneously claiming to consumers’ employers that they were entitled by law to garnish wages without first obtaining a court order for such; erroneously claiming to have informed consumers of their intentions on garnishing wages and that they have already provided consumers with the opportunity to dispute the debt; and by communicating with other consumers’ uninvolved employers and co-workers about debts without the consumers’ knowledge or permission.

• A settlement with a major debt industry collector that allegedly failed to provide verification of disputed debts which resulted in a civil fine of $1.75 million. Allied Interstate Inc., is being accused of continuing collection efforts even after consumers had told the company that they did not owe the alleged debt, without verifying the accuracy of the disputed account information or otherwise having a realistic basis for claiming that the consumers owed the debt.

Even if while on the outside three law enforcement actions in the course of 12 months doesn’t sound like a whole lot, the collective power of each person’s complaints gives the FTC the ammunition it needs to go after the largest offenders.

What Is The Fair Debt Collection Practice Act?

Wednesday, February 2nd, 2011

In this post we discuss the provisions and powers of the Fair Debt Collection Practices Act.

Wage Garnishments- Credit Card Debt And Your Rights

Tuesday, August 17th, 2010

A writ of garnishment is one method a creditor might use to recover unpaid debt. Federal law exempts from garnishment 75% of disposable earnings per week, or an amount up to thirty times the federal minimum hourly wage (currently $7.25), whichever is greater. Some states still have wage garnishment laws in place; however, when the federal law provides a larger exemption than the state law, the federal law supersedes the state law.

leave a post and we will gladly let you know what your states debt laws are. (in all 50 states, including wage garnishment amounts, maximum interest rates a creditor may assess, and statutes of limitations on collecting debt.)

Note:  The state wage garnishment amounts we are familiar with will apply to creditors only.  Your wages can always be garnished for student loans, child support and alimony in amounts that are sometimes higher than what a judgment creditor is allowed to garnish.

To learn how to protect yourself from the risks of creditor garnishments and levies give us a call or ask us a question through this blog.

Debt Validation Is Expensive for Debt Collectors

Monday, October 12th, 2009

A collection agency must spend a lot of time and money to validate a debt. It’s labor intensive, difficult to automate, and simply unprofitable. Debt collectors make the most money through volume, by quickly liquidating accounts and scaring people into paying them immediately. It isn’t profitable to properly document the debt and review for accuracy.

When a collector receives a file, they receive a name, amount, social security number (sometimes), phone number, and address. That is it. To properly respond to a dispute requires them to circle back with original creditor, ask for proof, hope that the creditor has it, tabulate some numbers and send that to the consumer.

You may be surprised to find out that many creditors keep terrible records. Many debt collectors make something up so they can continue to collect or ignore your disputes and use the brute force method of continued calls, letters, and harassment until you give up. In most cases (not with our clients), people don’t know their rights, and collectors get away with violating the law.

The proper response to some sort of weak or non-existent validation attempt is a follow up letter stating that what they sent is an insufficient response, not validation, and that you still consider the matter to be disputed. Properly validating an account is often an arena for mistakes and is where collectors commonly violate the law so you can be sure that we will call them out on their violations as we build a case against them.

If you want to win the collection game you have to know the rules.

A Collection Agency Must Respond to Verification Letter

Tuesday, April 7th, 2009

If a collection agency receives a request for validation they can not continue to collect the debt or report the derogatory account to the consumers credit file.

Fair Debt Collections Practice Act:

§ 809. Validation of debts
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection
(a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor.
Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

 

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