If you are behind on your telephone bills and on the receiving end of collection, collector, you will probably hear some very threatening statements. While most debt collection professionals try to define within the limits of the Federal Republic of Fair Debt Collection Practices Act (FDCPA) stay on the line many others on a regular basis. Last year, the Federal Trade Commission (www.ftc.gov) received more than 58,000 complaints about debt collectors, a number that represents17% of the total number of complaints received by the FTC. Consumers are complaining about the collection of the industry more than most other industries.
Collection professionals would probably respond that the enormous size of the industry and the sheer volume of collection activity accounts for the large number of complaints. But only a small percentage of violations reported by consumers actually, so that the data gathered by the FTC represents only a tiny fraction of the actual scopeof the problem. Nevertheless, a pattern of abusive and illegal collection activity has been documented by the FTC, and it is getting worse instead of better.
Here are some common threats from debt collectors are made:
"We will take your house if you do not pay this bill immediately." This is a false threat. Unless the debt is collected through the house in question (ie, a mortgage or home equity-secured) loans, the creditor does not have the power to take away your houseThem.
Have "given, if you do pay that bill today, we are a warrant for your arrest." Nonsense. The absence of a pay debt is a civil matter is not a criminal case. Threatening a debtor with jail time, or accusing them of committing a crime is totally against the rules.
"We do not handle noticed that you sent a message no more. We'll call you anyway." The FDCPA gives you get the right to stop efforts by a debt collector. Disregard for a cease-fireNote Communication is a clear violation of federal law.
"We will garnish your wages to recover on this claim." A collector can only threaten action it has taken legal authority, and the vast majority of debt collection companies have zero legal authority. Your wages may be garnished only by a creditor, after they won a ruling against you in a process.
"We know where you live, so you pay for better." Yes, the threat of violence still happen in this industry. Nearly 300Complaints against collectors received by the FTC last year cited the threat of violence as a cause of complaint. This is completely illegal.
Besides the usual false threats, collectors and other tactics that are illegal. For example, discuss your debt with a third party is a clear violation of the FDCPA. Yet collectors routinely call neighbors, relatives and employers to obtain information about debtors. As long as the collector not to discuss the real issuethe debt, they still have their toes on the right side of the line. But as soon as they be mentioned or even indicate that they appeal to a fault, they have crossed the border.
Since many debtors have their screening phone calls taken at home to reduce the relentless barrage, debt collectors frequently call at work if they can get an office. Theoretically, a consumer will call the collector to the office by just that they are not entitled to receivepersonal calls at work. This makes the collector on notice that such activity to interfere with the employment of the consumer, which is not allowed. In practice, however, collectors routinely ignore this rule and continue at work. "
There are many other techniques of harassment and intimidation that cross the line from permissible, prohibited collection activity. Use of profane or obscene language, shouting, constant and unrelenting phone calls, missingResponse to written disputes and publication of the debtor all information constitute unlawful acts within the meaning of the FDCPA.
So if you are at the other end of illegal collection actions are what you can do to protect themselves? First and foremost it is important to know and understand your rights as a consumer. A description of your rights under the Fair Debt Collection Practices Act can be obtained directly from the FTC(http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm).
If you believe that your rights when a collector should their attempt has failed to collect from you, then do not hesitate to formal complaint with the Attorney General for your state (www.naag.org) and submit the Federal Trade Commission. If enough complaints received about a particular collector, then the authorities will have the power to a case against them that are in costly fines that can bringmake the agency or collector think twice, with this tactic in the future. You have the right to bring an action against a collector that is harassing, or misuse, or otherwise violate their rights under the law.
One last point. The FDCPA technically refers only to include third-party debt collectors, the collection agencies and collection attorneys. It does not apply to the original creditor when collecting their own debt. For example, if you borrow moneyfrom a bank, the bank is not regulated by the FDCPA. However, numerous other public laws that protect consumers against deceptive or abusive collection practices even by original creditors, and many states have laws that parallel the FDCPA, but go further and include original creditors in the definition of debt collectors. So, if an original creditor is harassing or has exceeded the limit, you should nevertheless a complaint with your state Attorney General andsuch as the FTC. If there is a clear pattern of abuse, can the original creditor, with unfair or deceptive acts or practices charged, either under state law or under the FTC Act that governs the conduct of trade in our country.
In summary, if you are at the other end of the collection is harassment, not just to take it. Find out more about your rights as a consumer, vigorously dispute debts that do not you think you owe, and to take measures, in the form of complaints that your Attorney Generaland the Federal Trade Commission. By standing up for your rights, you can use a clamp down on false threats and illegal collection tactics.
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