Are you experiencingdebt harassment? Collection agencies often prey on consumers. Why? Because it is in their best interest to scare consumers into paying. Creditors often use collection agencies to recover funds on delinquent accounts. The collection agencies are handsomely paid for their services, which often involve nagging collection calls and a barrage of written notifications.
Are you aware of your rights as a consumer? Have you heard of the Fair Debt Collection Practices Act and debt collection laws? You don’t have to be intimidated or anxious about your limitations in knowing the law. Help is available. To start, view the video to become more aware of tactics employed by credit collectors.
Debt harassment attorney Craig Thor Kimmel speaks with Jim Donovan from CBS Philly about the abusive practices of debt collectors:
When Melanie Beacham was on medical leave from her job last summer, she got behind on her car payments.
Although she called the finance company to explain, debt collectors not only telephoned her repeatedly but found another way to make her life difficult, the 34-year-old Florida resident says: Facebook.
Locating her social networking site also helped them find relatives’ Facebook pages. Then, she alleges in a lawsuit, they sent messages on the social networking site to a sister and a cousin of hers, prompting a wider family discussion about Beacham’s financial situation, reports the St. Petersburg Times.
She is seeking damages from Mark One Financial of Jacksonville for harassment and invasion of privacy, as well as a court order prohibiting the company from contacting friends and family members through Facebook or any other social networking site.
A representative of Mark One declined the newspaper’s request for comment.
However, the company’s managing director, Bruce Newmark, told WKMG, speaking generally, that the company will use Facebook to contact a client when it can’t reach an individual by phone.
Beacham’s lawyer, Billy Howard of Morgan & Morgan, says he’s never heard of another case alleging harassment by bill collectors via a social networking site. But, he predicts, there will be more such suits:
“Debt collectors,” he says, “are like any other business. They change according to their environment.”
Recently, Credit Law attorney Craig Thor Kimmel appeared with NBC10′s Tracy Davidson on “Survive & Thrive” to discuss how consumers can fight back against debt collection harassment. Here is the clip:
The FTC is trying to educate consumers about what practices are illegal and what they can do about them. From this effort, they’ve compiled the top eight consumer complaints about illegal debt collection practices:
46.5% said debt collectors called continuously in an effort to harass them, including calling in the wee hours of the morning or late at night. Debt collectors are barred from calling before 8 a.m. or after 9 p.m., unless you give them express permission to do so. While terms like “continuously” are subject to interpretation, calling multiple times in a single day would be a violation of the law. Debt collectors also can’t shout or swear at you.
31.1% said the debt collector attempted to collect too much money. In some cases, they attempted to collect debts that had been discharged in bankruptcy or that were never owed. Some said the collector simply added a host of fees and charges that were not allowed by law.
Consumers are entitled to receive a notice that stipulates how much is owed; who the debt is owed to; and what fees and charges were added to the debt in the collection process. However, the third most common complaint, coming from 25.7% of those contacting the FTC, was that the collector failed or refused to provide this notice.
20.9% said the collector threatened dire consequences — including having the debtor thrown in jail — if they didn’t pay up. Federal law says that the debt collectors can tell you that they’ll sue you for a legitimate debt, but they can’t threaten an action that they have no authority or intention of taking.
13.6% of consumers complained that the collector called them at work. If you ask a debt collector not to call you at work, they are barred by federal law from violating that request.
12.2% of complaints alleged that the collector revealed information about the consumer’s debt to a third party. Giving information about a consumer’s debt to an employer, co-worker or even a relative is strictly forbidden.
11.5% of the complaints said that the collector refused to investigate a disputed debt as required by law.
Some 8.4% of collectors ignored the consumer’s entreaty to stop calling. Collectors must stop calling, if you ask them to. But they can sue you, if you refuse to pay or discuss a legitimate debt.
Do you want to expose debt collector harassment? Do you want to have your story told on one of the Big Television Networks? If you live in the State of New Jersey, contact us directly by calling 1-800-NOT-FAIR, or by sending an email, clicking here!
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:
It’s the “American Way”, turning opportunity into profit. It is certainly the way of the debt collector in these hard economic times with 15.1 million of the working class unemployed, 1/3 of which have been for six months or more. With people facing foreclosures, credit card delinquencies and utility shutoffs, the last thing they need is debt collectors harassing them day and night.
US News and World Report puts the average household consumer debt at $22,231, not including other debt such as student loans, which adds another $10,208, according to a May 2009 report. This debt has provided fodder for the explosive growth of debt collection agencies, which have grown in number between 4 to 6 times over the past few years to relentlessly pursue those on the lower end of the economic scale.
After Mr. McLeod fell behind on his mortgage payments, the frequent and harassing calls from a debt collector caused a Tampa man’s blood pressure and stress levels to rise to unhealthy levels. His wife is claiming that the abusive debt collection calls contributed to his death after her husband had a massive heart attack and had to quit his job for health reasons. She claims the debt collection company called 10-12 calls a day. Read the full story here:
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.
