Are They Coming After You?
Do you think that if you dont have any past due bills that you wont 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 Westshoot first and dont ask any questionsever. The stories in the Globe are about trying to collect debts from people who dont own themmistaken identity, trying to collect from family members, or just plain old who-knows-how-the-mistake-made claims. The fact that these people dont owe the debts doesnt deter the debt collectorsthey 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 callsall with no guarantee of success.
A handful will go to lawyers. A few will get someone who cares at the state Attorney Generals 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. Thats a heck of deal for people who have been harassed because of someone elses mistake.
The debt collectors know that most people cant figure out any effective remedy. Thats why they keep on calling. And, according to the stories in the article, if the company finally decides it cant collect anything from someone who says youve got the wrong guy, it bundles up that persons 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, isnt this one a no-brainer? Why isnt 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 isnt about protection for deadbeats or even for people down on their luck. We all have a stake in putting some meaningful rules in place.
















On 20/20, the other night was an "investigative" piece which showed abuses just like this. My only problem with the report is that it failed to mention the Cease & Desist language in the FDCPA for consumers to halt the abusive calls. I know first hand about the abuse they hand out and swore I would never go through it again and would help anyone that was being abused by them.
That is why I give out a sample Cease and Desist letter to anyone that wants it on my web site at absolutely no charge or obligation, http://www.iwantafreecreditreport.com. Under the FDCPA the collector can contact them one more time, theoretically to tell them what legal action they plan on taking, and then must cease all communication.
I personally think the remedy is to make the average person aware of C & D letters and debt validation. At least that is some defense against them.
I am going to provide a link to your Senate Banking Committee testimony on my site as well. Keep up the great work. I love it!
January 29, 2007 11:13 AM | Reply | Permalink