Archive for the ‘Fair Debt Collection Practices Act’ Category

Three Lawyers Restricted from Debt Collection

Thursday, March 11th, 2010

Three out-of-state lawyers, accused of using unfair tactics to collect debts in Colorado, have been banned from collecting debts for periods ranging from three years to life, the Colorado attorney general’s office said Tuesday.

Under a consent decree issued late Monday, lawyer Mar vin Brandon is permanently banned from collecting debts in Colorado; lawyer Jack H. Boyajian is banned from collecting debts in Colorado for five years, and lawyer Karen Nations is banned from collecting debts for three years in Colorado.

Original story from the Denver Post

Law Suits Piling up for Debt Collectors

Monday, February 22nd, 2010

Debt Collection Attorney Craig Kimmel is featured in this story from the Concord Monitor detailing the aggressive tactics that debt collectors employ to collect on debts they purchase for pennies on the dollar. Consumers reported being harassed and threatened. They said collection agents failed to investigate disputed debts and disclosed alleged debt to relatives and employers.

Third-party debt collectors generated 78,000 complaints to the Federal Trade Commission in 2008, twice the number received in 2003, according to the agency’s most recent report. That same year, the agency won more than $1 million in civil damages against collection agencies.

You can read the entire article here: Suits Piling up for Debt Collectors.

No Harassing Debt Collectors

Tuesday, January 19th, 2010

The recession means more people are falling behind on their bills. The last person you want to hear from is a debt collector.

Some debt collectors are just doing their job, but others cross the line.

Fox 29 Consumer Reporter Michelle Buckman explains how to stop debt collector harassment and maybe even collect some money from them:

Read the story on MyFoxPhilly.com here: Real Deal: No Harassing Debt Collectors

Are you the Victim of Sewer Service?

Thursday, January 7th, 2010

It’s a decades-old practice known in legal circles as “sewer service”. This occurs when a debt collector fails to properly serve a notice of complaint (litigation) upon the defendant (debtor) and then files a false affidavit claiming the notice has been properly served. When the debtor doesn’t show up in court, the collector can then apply for, and almost always wins, a default judgment. This is a violation of the FDCPA and has become a staple practice for “reputable” and “not reputable” debt collectors alike. If you have been the victim of “sewer service”, contact us today for free representation and immediate relief from the debt collector.

See this story about a class action suit filed in New York regarding this problem: Suit Claims Fraud by New York Debt Collectors

Three Types Of Illegal Voicemails From Collectors And How To Make Them Stop

Tuesday, December 22nd, 2009

Voicemails from bill collectors are a reality when you have been turned over to collections. The dirty secret debt collectors don’t want you to know about is that they very often violate the law (Fair Debt Collection Practices Act – FDCPA) when they leave a voicemail message.

They know they are violating the law but they still do it anyway.

There are three types of illegal voicemails:

  • Illegal threats or lies.
  • Third party disclosures.
  • Failure to leave the mini-miranda.

Debt collectors often call repeatedly when collecting a debt, leaving messages whenever possible and rely on the fact that consumers often don’t know their rights.

You can read the article in it’s entirety, here: Three Types of Illegal Voicemails from Debt Collectors

Debt Collectors From NCO Make 400 Million Calls a Year

Monday, December 14th, 2009

Four hundred million times a year, employees of a little-known company called NCO dial the telephone “just to talk.”

NCO’s hope: A simple chat will convince people to pay old debts.

“We have to strike a bond with someone,” said the company’s CEO, Michael Barrist. “We want them to explain their situation to us, and we’re going to try to work out an arrangement that they and the client can live with. That is our goal, so that they can pay our client.”

Despite the best wishes of Barrist, the world’s largest debt collection company generates thousands of consumer complaints about its practices each year and has paid settlements of $1.8 million to federal and state authorities.

But officials at NCO Group, based in the Philadelphia suburb of Horsham, Pa., insist that NCO takes pains to follow state and federal laws. Abuses by NCO collectors are the exception, not the rule, Barrist said.

“People have a perception of what and who the debt collector is,” Barrist said. “That’s not us.”

With unemployment and foreclosures rising, Americans now face more pressure from debt collectors, who must work harder to squeeze out payments in lean times, according to consumer advocates and industry experts. Consumers are increasingly complaining about debt collection practices to the Federal Trade Commission, and many of those complaints are levied against the industry giant, NCO, which employs 15,000 debt collectors worldwide and holds 600 million to 1 billion collection accounts at any time.

“We clearly understand that people don’t like being called by collection agencies,” Barrist said. “And we can’t make it a pleasant experience because nobody’s ever going to say, ‘Gee, I’m glad you called today.’ But we try very, very hard to make sure it’s done professionally.”

Since 2007, NCO has generated 7,964 consumer complaints to the FTC, nearly twice as many any other debt collection company.

Many of the complaints claim the company violated federal law by misrepresenting debt, repeatedly calling other people, and failing to send written notice, according to the FTC records.

Furthermore, the rate of complaints against NCO is rising faster than the collection industry as a whole. During 2009, all debt collection complaints to federal authorities are on track to increase 6 percent over 2007. In the same time period, complaints against NCO have risen 23 percent.

“I think we have the best record in the industry, statistically,” Barrist said, since the company handling the most accounts is likely to have the most complaints. “With that said, I take every one of these complaints seriously. I’m a big believer that regardless of whether NCO is at fault or not, the first thing we should be doing is saying we’re sorry and hearing what is going on.”

The FTC disciplined NCO in 2004 with a civil penalty for $1.5 million for misreporting consumer information to the credit reporting agencies, according to the FTC. Barrist blamed the blunder on another collection company, now-defunct Commercial Financial Services, which had worked the debts before NCO.

In 2006, Pennsylvania authorities settled with NCO after the company generated 800 complaints over a two-year period. NCO paid the state $300,000 and promised to follow the law. A spokesman for the FTC declined to say if it is taking any action against NCO, and a spokesman for the Pennsylvania’s attorney general office said it doesn’t have any pending cases against NCO.

Founded in 1926 as National Collection Office by Barrist’s grandfather, the company has grown explosively in the last two decades. In 1991, NCO had 63 employees, according to a company profile at the time. Now, it has 34,000 employees, about half of whom work in collections, according to Barrist.

Consumer advocates argue that the only way to get results in tough times is to be as aggressive as possible. Ira Rheingold, executive director of the National Association of Consumer Advocates, points out that NCO pays its collectors in part based on how much money they can recover.

“You’re going to see lots of bad behavior,” Rheingold said. “Institutionally, you have created a system that will encourage abusive behavior and harassment.”

Barrist disagrees. Outrageous tactics don’t work — and they hurt a collection company’s bottom line, he says.
“If you’re abusive to them on the phone, they’re not going to pay you,” he said. “All it does is start a whole chain of complaints and problems for the company.”

Original article here: Scripp News

If you or someone you know is feeling harassed by NCO, you do have rights. Please contact us or call us at 1-800-NOT-FAIR for free legal help.

Law Firm’s Debt Collection Review Violated Federal Act

Wednesday, October 14th, 2009

A New York judge has determined that a law firm violated the Federal Debt Collections Practices Act (FDCPA) after it mass produced collection letters and litigation documents from it’s computer system without a thorough review of the alleged debt.

The law firm sued Arthur Miller over an alleged debt that they purchased from a previous Lord & Taylor’s account after he failed to respond to a collection letter, but there was never a meaningful review of the alleged debt.

The decision “digs a grave for attorneys” who send letters and then file suit on behalf of debt buyers with “no information, no documents, and no meaningful attorney review,” said Brian L. Bromberg of the Bromberg Law Office, who has represented Miller for the past eight years.

Read the full story here.

Debt Collectors: 3 Ways to Stop HARASSMENT Today

Friday, October 2nd, 2009

1. Stop the Collection Calls: Instruct the debt collector to stop calling you at home or at work. Write them a letter if you can with those instructions and save a copy. If the calls continue, they have violated the Fair Debt Collection Practices Act by harassment. Stopping the calls requires the collector to resort to letters that state the nature of the debt and what is sought. You can take the time to research all the facts to determine if you in fact owe the money or not, and whether you need to consult with others before responding. You are not put on the spot by unexpected calls from rude debt collectors who may make you upset, aggravated or otherwise uncomfortable in your own home or at work.

2. Know the Statute of Limitations: Each state has a term of years, referred to as a statute of limitations, within which the debt collector must file suit or lose the right to do so. Once expired, you may be sued but you not forced to pay if you raise the statute of limitations as a defense. Debt collectors routinely sue on old debt in hopes that the consumer will not know how to respond, however a law suit that seeks payment for a stale debt violates the Fair Debt Collection Practices Act.

3. Keep Records of All Contacts With All Debt Collectors: Save “throw away” letters seeking payment or communications from a debt collector. Keep a log of calls, date, time, originating phone number and caller. If you have an agreement or sent a letter, retain copies. Keep these in a safe place. Often what is resolved or dealt with on one day, can reappear later without any acknowledgment by the collector of the prior events. And debts are routinely rotated between several debt collection agencies, usually without any communication between them regarding your account. Perhaps most importantly, debt collectors benefit by the absence of keeping records, calling and writing over and over again if it will lead to more money being paid. Track your accounts, know your history with debt collectors and don’t trust your memory alone.

Debt Collectors May Not:

  • communicate before 8:00 a.m. and after 9:00 p.m. local time
  • communicate with consumers at their place of employment after having been advised that the employer does not permit such calls
  • misrepresent its identity as a debt collector
  • publish the consumer’s name or address
  • engage in communication with third parties except to obtain the current address or phone number of a debtor
  • threaten to or actually report false credit report information

About CreditLaw.com:

What is CreditLaw.com? We are lawyers who stop abuse by debt collectors in their tracks. A service of Kimmel & Silverman, PC, helping over 50,000 consumers since 1991.

Debt Collection Calls Can Be Stopped

Wednesday, September 9th, 2009

There is nothing more bothersome or stressful than having debt collectors call and threaten you. Pay up or we will alert your neighbors. Pay up or we will contact your family. Pay up or we will garnish your wages. The threats get more and more vindictive with each call, and often these collectors act in such a heartless way, using obscene language and making such terrible threats, that you feel you are trapped. The good news is that you are not trapped. You do have rights and you should not be afraid to use them.

The purpose of our credit law blog is to educate you on your rights under the Fair Debt Collection Practices Act (FDCPA). This law is designed to stop collectors from being abusive and unprofessional. Even if you owe money and the debt is really yours (you will be amazed at how many folks are called for another person’s debt), the collector must still treat you fairly and respectfully.

If you have been the victim of abusive or deceptive debt collection practices, please drop us a note or call us at 1-800-NOT FAIR (1-800-668-3247) and discuss your situation with us. If we can help, it’s completely cost-free to you.

Widener University Clinic Provides Debt Collection Help for Seniors

Friday, August 28th, 2009

Debt collection agencies often employ harassing tactics that take advantage of consumer’s ignorance of the laws that are in place through the Fair Debt Collections Practices Act. In Pennsylvania, there is help for seniors who are being harassed by debt collectors through the Widener University Law School’s Civil Clinic. You can read more about it here: Program helps seniors dogged by debt collectors.