Archive for the ‘Fair Debt Collection’ Category

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.

WEEU 830AM Interview with Debt Collection Harassment Attorney Craig Kimmel

Monday, December 21st, 2009

Debt Collection Harassment Attorney Craig Thor Kimmel was recently interviewed by the radio talk show, “The Voice”, on WEEU 830AM in Berks County, PA. In this interview Craig explains how CreditLaw.com helps consumers with debt collection harassment and violations of the Fair Debt Collection Practices Act while answering questions from consumers who called into the show. Please use the following link to listen to the entire radio interview:

Radio Interview

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.

Debt Collection Agencies Must Prove That Debt Exists

Wednesday, October 28th, 2009

Consumer credit laws are being created in many states that will force debt collection agencies to prove that the debt they purchased for pennies on the dollar exists and the consumer legitimately owes the money. North Carolina recently passed a law this month that requires debt buyers who file a lawsuit to provide documentation proving that they own the debt. In Indiana, there is the Indiana Deceptive Consumer Sales Act prohibits debt collectors from intentionally overstating the amount of the debt they are trying to recover.

National consumer credit laws such as the Fair Debt Collection Practices Act already prohibit collection agencies from harassing, deceptive or unfair practices such as telling neighbors or relatives about what is owed, or calling before 8 a.m. or late at night.

Since the recession started, at least a half-dozen states have adopted additional limits, like imposing statutes of limitations on collections and adding opportunities to punish abusive practices in court. Other states may soon follow suit.

Read the full story here: States adding limits, forcing agencies to prove debt exists.

Debt Collection Empire Upends Credit-Card Disputes

Thursday, October 15th, 2009

New York Financier J. Michael Cline had built a complex, billion dollar empire in the debt collection business, handling both sides of arbitration disputes for debt collectors through Minneapolis based NAF (National Arbitration Forum) and Axiant, LLC, a firm he acquired that handles debt collection.

In a July complaint, the Minnesota attorney general’s office alleged NAF deceived consumers and engaged in false advertising. Consumers didn’t realize NAF was financially affiliated with “one of the country’s major debt collection enterprises,” the complaint alleged. Accretive created Axiant in tandem with employees of Mann Bracken, a debt collector that represented credit-card companies in NAF arbitrations, the complaint alleged. At the same time, Accretive funds and NAF Inc. jointly own the back-office entity for NAF, called Forthright.

For more than a decade, most credit-card companies have required customers to use arbitration, rather than the courts, to resolve disputes over unpaid bills. Minneapolis-based NAF has mediated the vast majority of these claims. But both NAF and another arbitrator have stopped hearing arbitrations of consumer-debt cases, and major banks are dropping arbitration requirements.

Read the full story here.

A Thorough File Can Help the Fight

Sunday, September 13th, 2009

When consumers contact us through 1-800-NOT FAIR or creditlaw.com, the first thing we inquire about is their records. A file can help fight the debt collector to get the collection calls to stop. The file should include:

  • All dates and times of all correspondence, including voice mails, pre-recorded messages, live phone calls, and delivery of written materials.
  • Names of all collectors you have spoken to or received communication from, with phone numbers and addresses if possible.
  • Copies of all correspondence you have received and correspondence you have sent, including envelopes (they include post marks, and return addresses). Collectors have five days to send written correspondence following a phone call. The envelopes and your phone records will reveal if they followed that protocol.
  • Written instances of any times you found the collector to be deceptive or abusive, including calling you at work, threatening you, using obscene language, calling early in the morning or late at night, reaching out to employers, friends or relatives, etc.

Keep all of these files indefinitely and let your attorney know that you have this information. Feel free to contact us to find out other materials which would be helpful in your battle to stop the calls.

How to Deal with a Debt Collector

Friday, September 11th, 2009

Just the title of today’s blog entry seems a bit unfeasible. How can you deal with a debt collector, especially if they are threatening you, and/or using obscene language? Here are three primary rules of thumb you should take into account if you are being continuously called by a collector.

First, figure out why you are being called. Chances are someone is calling to collect on a debt and they have not received payment for several months. Or it could be an older debt that was sold to a third-party debt collector and they are trying to get as much money from you as possible. You need to make sure you understand the specifics of the debt. How much are they trying to collect? What for? How old is the debt? Do you remember the debt?

Get as much info as possible the name of the collector calling, the name of the collection agency, the creditor, the address and fax number for sending correspondence
Also, make sure that if you have never received written correspondence pertaining to the debt that you tell the collector you expect to receive a written follow-up following this call.

Unfortunately, identity theft is still running rampant so you may be getting calls after an impostor used your identity to seek credit. You would not be responsible for this debt, but you may experience a tremendous amount of resistance convincing the collector that you were a victim.

Second, do not disregard or ignore the calls. This debt may create a negative effect on your credit report so you want to research the matter and write everything down for your file.

Third, fight for your right to privacy. If you are first hearing of this debt through a collection call, tell the collector that from this point forward, you want all further correspondence in writing. You can also tell a collector that you do not want them calling you at work. From the moment you start speaking to a collector, you want to make notes of each and every conversation for your file. It is also important that you send written requests as well to follow up on what’s discussed on the phone. Send any correspondence, including disputes to both the collection agency and creditor, via certified mail, return receipt requested.

Also, make sure the collector knows that you are the only person who should be contacted regarding the debt. If this is not your debt, and it is an employer’s, friend’s or relative’s, you can write to the collection agency and request that they cease communication immediately.

More tips to come… keep your head up and if the calls are not ceasing, please contact us for further advice and assistance.