Posts Tagged ‘Federal Trade Commission’

Reviewing the Top 5 FDCPA Complaints in 2009

Each year the Federal Trade Commission (FTC) provides Congress with a report on the Fair Debt Collection Practices Act (FDCPA). While the report focuses heavily on the number of complaints received from consumers, it also summarizes actions that the FTC has taken to “curtail deceptive, unfair, and abusive debt collection practices.”

As in years past, the FTC received more complaints about the debt collection industry than any other industry. In 2009, the FTC received 119,364 complaints about first- and third-party debt collectors, up from 104,766 in 2008—an increase of nearly 15,000 complaints. With that said, it is important to point out that the FTC does not investigate each complaint to determine if there was an actual violation of the law. The FTC acknowledges that not all of the complaints received are violations of the Act. It is also worth noting that although the total number of complaints increased, so did the number of consumers who fell past due on credit obligations. An increase in the number of past due consumers opens the door for an increase in the number of complaints.

We encourage you to download and review the 2010 FDCPA report in its entirety to become familiar with its contents, and if you haven’t reviewed the Fair Debt Collection Practices Act lately, you might consider doing so while this article has your attention.

We review the top five FDCPA complaints received by the FTC in 2009 and point you to the corresponding section of the FDCPA.

#5 Communicating with Third Parties Repeatedly to Obtain Location Information.

“This past year, 19.2% of complaints, or 16,926 complaints, claimed that collectors called a third party repeatedly to obtain location information …”
The FDCPA §804(3) says: A debt collector shall not communicate with a third party more than once unless requested to do so by the third party, or unless the debt collector reasonably believes that the earlier response of the third party was erroneous or incomplete and that the third party now has correct and complete location information.

#4 Threatening Action Which Cannot or Is Not Intended to Be Taken.

“In 2009, 20.9% of FDCPA complaints, or 18,438 complaints, reported that third party collectors falsely threatened a lawsuit or some other action that they could not or did not intend to take…”
The FDCPA §807(5) says: A debt collector shall not threaten to take any action that cannot legally be taken or that is not intended to be taken.

#3 Failing to Send the Required Validation Notice.

“Last year, 25.7% of the FDCPA complaints, or 22,708 complaints, reported that collectors did not provide the required notice….”
The Fair Debt Collection Practices Act §809(a) says: Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice …” (The notice is referred to as the Validation Notice and includes the amount of the debt, name of the creditor, and important information regarding disputes and verification.

#2 Demanding a Larger Payment Than is Permitted by Law.

“This category includes two different FDCPA law violation codes. First, the FDCPA prohibits debt collectors from misrepresenting the character, amount, or legal status of the debt. Other complaints in this category state that collectors have sought to collect on debts that have been discharged in bankruptcy. In 2009, 31.1%, or 27,420 FDCPA complaints, described this conduct.”

The FDCPA §807(2) says: A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. This includes the false representation of the character, amount, or legal status; or any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

#1 Calling Repeatedly and Continuously.

“In 2009, 46.5% of FDCPA complaints the FTC received, or 41,028 complaints, claimed that collectors harassed the complainants by calling repeatedly or continuously.”

The Fair Debt Collection Practices Act §806(5) says: A debt collector may not cause a telephone to ring or engage any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.”

Article Source: http://www.insidearm.com/thecomplaintsissue/top-five-FDCPA-complaints.cfm

NY Law Firm Files 80,000 Suits a Year with 14 Lawyers

Cohen & Slamowitz has only 14 lawyers on staff, but it manages to file about 80,000 lawsuits a year.

The Woodbury, N.Y., firm files debt collection suits, and it uses computer software to help prepare its cases, the New York Times reports. It also hires outside lawyers to appear in court on a per diem basis and has on staff 30 to 40 paralegals and secretaries, as well as about 60 people trying to collect debts, firm partner David Cohen said in a 2009 deposition.

One software program used by law firms, Collection-Master, can generate collection letters, summonses and lawsuits, according to the story. The plaintiffs are often debt buyers who purchased the right to collect debt from credit card companies for as little as 5 cents or less on the dollar. The debt buyers send their databases of consumers in default to law firms, which then feed the information into their software programs.

In a Times interview, Richard Rubin, a New Mexico lawyer who represents consumers in debt collection cases, criticizes the automated suits as “the factory approach to practicing law.” Other critics say the suits are sometimes based on inaccurate or insufficient information, and the huge numbers of cases are straining the court system.

The Federal Trade Commission issued a report on the debt collection system Monday that calls on states to require more information about debts in the lawsuits, according to a press release. The FTC also says states should take steps to make it less likely that collectors will sue after the statute of limitations has run.

Original article here.

Law Suits Piling up for Debt Collectors

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.