Are They Coming After You?


Do you think that if you don’t have any past due bills that you won’t have to deal with abusive debt collectors? Think again. The Boston Globe is back this morning, following up on its terrific four-part series on debt collection. The Globe has more stories about how debtor collectors hound people, but this story is about how collectors pound on the wrong people. Are you next?

Debt collection is the new Wild West—shoot first and don’t ask any questions—ever. The stories in the Globe are about trying to collect debts from people who don’t own them—mistaken identity, trying to collect from family members, or just plain old who-knows-how-the-mistake-made claims. The fact that these people don’t owe the debts doesn’t deter the debt collectors—they just keep coming.

Each person who gets these calls is on their own. As a lawyer, I could figure out some responses, but the bottom line is pretty much the same. These people who paid every bill in their lives on time and in full are going to spend hours of anguish, dealing with ugly threats and harassing calls, writing letters, sending documents, making calls—all with no guarantee of success.

A handful will go to lawyers. A few will get someone who cares at the state Attorney General’s office or send a complaint to the Federal Trade Commission. One in a million will get picked up in a Boston Globe story. But the best outcome that most of these people can hope for is that if they spend a lot of time and effort, the bad stuff might stop. That’s a heck of deal for people who have been harassed because of someone else’s mistake.

The debt collectors know that most people can’t figure out any effective remedy. That’s why they keep on calling. And, according to the stories in the article, if the company finally decides it can’t collect anything from someone who says “you’ve got the wrong guy,” it bundles up that person’s name with thousands of others and sells it to another debt collector to start the game over again.

In the debates over the proper role for government, isn’t this one a no-brainer? Why isn’t there a government agency given a working budget and some real teeth, putting out a toll-free number to take complaints and intervening in every one of these cases?

This isn’t about protection for deadbeats or even for people down on their luck. We all have a stake in putting some meaningful rules in place.

Superbowl Commercials: The Chutzpah Award


             Two of the most clever ads on the Superbowl were for Ameriquest.  Both showed people in embarrassing positions from which the onlookers drew exactly the wrong inference.  The tag line:  Don’t judge too quickly. 

 Ameriquest is a predatory lender that got caught—big time.  It has offered a shocking $325 million to settle lawsuits and investigations in 49 states and the District of Columbia.  Right now, 200,000 homeowners—people who were cheated by Ameriquest—will have to decide whether to take the money or to pursue their own lawsuits.  And this clever campaign tells us their response:  Not "We’re sorry."  Not "We promise to be trust-worthy in the future."  Not even the all-purpose “Mistakes were made.”  Nope, their response is “Don’t judge too quickly.”  It is all a joke, and the wink-wink implication is that they didn’t really do anything bad. 

 

This is how bold the predators of all stripes have become.   Cheat good people, get caught, and turn it into a clever ad campaign.  Perhaps this new business model will become the standard whenever corporate fraud is exposed.  Maybe Jack Abramoff and his Washington buddies are paying close attention.  Ameriquest can lead the way. 

Ameriquest.  Sales reps promises that disappear when the papers are signed.  Hidden fees.  Excessive costs.  Cheating homeowners may look like a safe business because once they have moved in, most will to anything they can to come up with the money to hang on to the house.  Even at $325 million, Paul Wenske at the Kansas City Star speculates that the settlement won’t compensate most people and that many homeowners will opt out of the settlement in favor of a class action.

 

Perhaps Ameriquest has good reason to believe that Americans will overlook a little thing like cheating 200,000 homeowners.  As we have noted here before, George W. Bush is good buddies with the CEO of Ameriquest.  The CEO is one of Bush's biggest contributors, and, even in the midst of this stink, Bush has nominated him to become ambassador to the Netherlands.  Bush evidently understands the virtues of not judging too quickly--at least, not judging rich campaign contributors.

  

So tell us, Ameriquest, when can we judge?  I’m guessing there are at least 200,000 homeowners who are ready to judge now.  And I’m willing to join them. 

 

Elizabeth Warren

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